[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84293-84294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28499]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
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  Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / 
Notices  

[[Page 84293]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc No. AMS-FGIS-20-0077]


Certification of Alabama, Virginia, Washington, and Wisconsin To 
Provide Official Services at Export Port Locations Under a Delegation; 
Cancellation of South Carolina's Delegation

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) is announcing the 
certification of the Alabama Department of Agriculture and Industries 
(ADAI); Virginia Department of Agriculture and Consumer Services 
(VDACS); Washington State Department of Agriculture (WSDA); and the 
Wisconsin Department of Agriculture, Trade and Consumer Protection 
(WDATCP) to provide official inspection services at export port 
locations, under delegated authority of the United States Grain 
Standards Act (USGSA), as amended. AMS is also announcing the 
cancellation of the South Carolina Department of Agriculture's (SCDA) 
delegation.

DATES: Effective January 27, 2021.

FOR FURTHER INFORMATION CONTACT: Sophie Parker, Deputy Director, 
Quality Assurance and Compliance Division, Federal Grain Inspection 
Service, AMS, USDA; phone: (202) 720-9170; or email [email protected]. 
If you would like to view the comments, please contact us at 
[email protected] (7 CFR 1.27(c)).

SUPPLEMENTARY INFORMATION: The USGSA, at Section 7(e) (7 U.S.C. 79(e)), 
requires the Secretary of Agriculture (Secretary) to certify, every 
five years, that each State agency with a delegation of authority is 
meeting the criteria described for carrying out inspections on behalf 
of the Secretary. This certification process includes: (1) Publishing, 
in the Federal Register, a notice of intent to certify a State agency 
and provide a 30-day period for public comment; (2) evaluating the 
public comments received; and (3) conducting an investigation to 
determine whether the State agency is qualified. Findings must be based 
on public comments received and investigation conducted. Once 
concluded, USDA must publish a Federal Register notice announcing 
whether the certification has been granted, describing the basis on 
which the Secretary made the decision.
    In the April 17, 2017; April 5, 2018; July 3, 2017; August 24, 
2016; and April 17, 2017, editions of the Federal Register (82 FR 
18101; 83 FR 14622; 82 FR 30819; 81 FR 57886; and 82 FR 18099), the 
Federal Grain Inspection Service (FGIS), requested comments separately 
on the quality of services provided by the delegated State agencies 
ADAI, VDACS, WSDA, WDATCP, and SCDA, respectively. Comments for each 
State agency were due 30 days from the respective publication dates.
    FGIS received one comment in support of ADAI, VDACS, WDATCP, and 
SCDA maintaining their statuses as delegated State agencies under the 
USGSA. FGIS also received one comment supporting WSDA maintaining its 
status as a delegated State agency under the USGSA with certain 
contingences. This comment's proposed contingencies included: A 
prohibition on political influence over inspection decisions, requiring 
expedited service from FGIS when a delegated State agency is unable to 
perform services, improving processes for substitution of FGIS 
inspections, and improving the delegation documents. FGIS has updated 
the delegations in a manner that FGIS believes addresses many of the 
concerns this comment has raised, including providing how FGIS would 
assume inspection responsibility when a delegated State agency is 
unable to provide service, adopting uniform and time-limited delegation 
documents, and clarifying the relative responsibilities of FGIS and the 
delegated State agencies.
    In compliance with the USGSA section 7, AMS conducted additional 
research to confirm whether ADAI, VDACS, WDATCP, or WSDA was under any 
investigation by the Department of Justice or Government Accountability 
Office that could disqualify them from being delegated authority under 
the USGSA. There were no findings to disqualify these agencies from 
consideration. AMS also assessed whether any negative legal opinions or 
decisions had been rendered against the agencies by the States' 
Attorneys General; nothing was found to disqualify the State agencies 
from the delegation process.
    Compliance reviews were conducted to assess the performance of 
WDATCP, VDACS, ADAI and WSDA. For WDATCP, the review was a follow-up 
for a review conducted the year prior, during which performance 
concerns were uncovered; by the time the second review was conducted, 
these concerns had been resolved. The VDACS, ADAI and WSDA all 
performed well during their compliance reviews. AMS found all four 
State agencies compliant with the requirements.
    AMS did not conduct the same level of evaluation for SCDA. In 
reviewing eligibility criteria against the State of South Carolina's 
current infrastructure, AMS acknowledges that the State of South 
Carolina no longer has any operable, bulk-grain export port facilities. 
Accordingly, AMS is not certifying the extension of SCDA's delegation. 
By way of this notice, SCDA's delegation is canceled. If any grain 
export port facility were to open in the future within the State of 
South Carolina, SCDA would have the opportunity to become delegated 
again.
    With respect to ADAI, VDACS, WSDA, and WDATCP, after reviewing the 
comments and delegation criteria in section 7(e) of the USGSA (7 U.S.C. 
79(e)), AMS has determined that ADAI, VDACS, WSDA, and WDATCP are 
qualified to provide official services in the geographic areas 
specified in the Federal Register on April 17, 2017; April 5, 2018; 
July 3, 2017; and August 24, 2016, respectively. As a result, AMS is 
certifying their delegation to provide official services at export port 
locations.
    Interested persons may obtain official services by contacting these 
State agencies at the following telephone numbers:

[[Page 84294]]



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                                           Headquarters location and
             State agency                          telephone
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Alabama..............................  Montgomery, AL, (334) 240-7231.
Virginia.............................  Richmond, VA, (804) 786-3501.
Washington...........................  Olympia, WA, (360) 902-1888.
Wisconsin............................  Madison, WI, (608) 224-4922.
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    Authority: 7 U.S.C. 71-87k.

Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-28499 Filed 12-23-20; 8:45 am]
BILLING CODE P+-