Request for Comments on the Need for Official Services in the South Texas Region, and Request for Applications for Designation to Provide Official Services in the South Texas (TX) Region Under a Pilot Program

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

Request for Comments on the Need for Official Services in the

South Texas Region, and Request for Applications for Designation to

Provide Official Services in the South Texas (TX) Region Under a Pilot

Program

AGENCY: Grain Inspection, Packers and Stockyards Administration

(GIPSA).

ACTION: Notice.

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SUMMARY: GIPSA has received several inquiries regarding designation of

an organization to provide official services in South Texas. GIPSA is

requesting comments on the need for official inspection services in

South Texas. GIPSA is proposing to designate more than one official

agency under a pilot program to provide official services in the South

Texas region. GIPSA also is requesting persons interested in providing

official services in South Texas under a pilot program to submit an

application for designation.

DATES: Applications and comments must be postmarked on or sent by

telecopier (FAX) by March 21, 1995.

ADDRESSES: Applications and comments must be submitted to Janet M.

Hart, Chief, Review Branch, Compliance Division, GIPSA, USDA, Room 1647

South Building, P.O. Box 96454, Washington, DC 20090-6454. Telecopier

(FAX) users may send applications and comments to the automatic

telecopier machine at 202-720-1015, attention: Janet M. Hart. If an

application is submitted by telecopier, GIPSA reserves the right to

request an original application. All applications and comments will be

made available for public inspection at this address at 1400

Independence Avenue, SW., during regular business hours.

FOR FURTHER INFORMATION CONTACT: Janet M. Hart, telephone 202-720-8525.

SUPPLEMENTARY INFORMATION:

This action has been reviewed and determined not to be a rule or

regulation as defined in Executive Order 12866 and Departmental

Regulation 1512-1; therefore, the Executive Order and Departmental

Regulation do not apply to this action.

Section 7(f)(1) of the United States Grain Standards Act, as

amended (Act), authorizes GIPSA'S Administrator, after determining that

there is sufficient need for official services, to designate a

qualified applicant to provide official services in a specified area

after determining that the applicant is qualified and is better able

than any other applicant to provide such official services.

Sections 7(f) and 7A of the Act were amended by the U.S. Grain

Standards Act Amendments of 1993 (Public Law 103-156) on November 24,

1993, to authorize FGIS' Administrator to conduct pilot programs

allowing more than one official agency to provide official services

within a single geographic area without undermining the declared policy

of the Act. The purpose of the pilot programs is to evaluate the

feasibility and impact of allowing more than one official agency to

provide official services within a single geographic

area. [[Page 11953]]

GIPSA announced five possible pilot programs and requested comments

on them in the March 14, 1994, Federal Register (59 FR 11759). Comments

were due by April 22, 1994. GIPSA has analyzed the comments received

based on this notice and plans to announce potential nationwide pilot

programs based on the results of these comments.

The opening of a pilot program in the South Texas area is one of a

limited geographic area. The nationwide pilot programs discussed above

will be announced at a later date.

GIPSA has received several inquiries regarding designation of an

organization to provide official services in South Texas. GIPSA is

requesting comments on the need for official inspection services in

South Texas (including estimates of the number of official inspections

by carrier, type of service, and kind of grain). The South Texas

region, being considered for assignment to the applicant or applicants

selected for designation, pursuant to Section (7)(2) of the Act, is as

follows:

The Texas Counties of: Atascosa, Bexar, Brooks, Cameron, Dimmit,

Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney, Kleberg, La

Salle, Live Oak, Maverick, McMullen, Medina, Nueces, San Patricio,

Starr, Uvalde, Val Verda, Webb, Willacy, Zapata, and Zavala, excluding

those export port locations served by GIPSA.

GIPSA also is requesting persons interested in providing official

services in these South Texas Counties under a pilot program allowing

more than one official agency to provide service in a single geographic

area to submit an application for designation. GIPSA plans to allow all

designated official agencies to provide official services to any grain

firm located within the geographic area specified above.

GIPSA will not designate any applicants unless it determines that

there is sufficient need for official services in the South Texas

region.

Interested persons are hereby given an opportunity to submit

comments on the need for official inspection services in the region

specified above, and to apply for designation under the provisions of

Section 7(f) of the Act and section 800.196(d) of the regulations

issued thereunder.

Designation in the South Texas area is for a 1 year period

beginning about June 1, 1995. Persons wishing to apply for designation

should contact the Compliance Division at the address listed above for

forms and information.

Applications and other available information will be considered in

determining which applicant or applicants will be designated after

GIPSA determines that there is a need for official services in the

South Texas region.

Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.

71 et seq.)

Dated: February 15, 1995

Neil E. Porter,

Director, Compliance Division.

[FR Doc. 95-5281 Filed 3-2-95; 8:45 am]

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