05-16247. Cancellation of Minnesota's Designation and the Opportunity for Designation in the Minnesota Area

AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Notice.

SUMMARY:

The United States Grain Standards Act, as amended (Act), provides that official agency designations will be cancelled upon request by the official agency with a 90 day written notice to Grain Inspection, Packers and Stockyards Administration (GIPSA). The Minnesota Department of Agriculture (Minnesota), designated to provide official inspection and weighing services until September 30, 2006, has requested GIPSA to cancel the designation, covering official domestic services, effective November 9, 2005. Minnesota will continue to provide export services under a delegation agreement with GIPSA. Accordingly, GIPSA is announcing that Minnesota's designation will be canceled, on or about November 9, 2005. GIPSA is asking for applicants for domestic service in the Minnesota area.

DATES:

Applications and comments must be postmarked or electronically dated on or before September 16, 2005.

ADDRESSES:

We invite you to submit applications and comments on this notice. You may submit applications and comments by any of the following methods:

• Hand Delivery or Courier: Deliver to Janet M. Hart, Chief, Review Branch, Compliance Division, GIPSA, USDA, Room 1647-S, 1400 Independence Avenue, SW., Washington, DC 20250.
• Fax: Send by facsimile transmission to [phone], attention: Janet M. Hart.
• E-mail: Send via electronic mail to [e-mail].
• Mail: Send hardcopy to Janet M. Hart, Chief, Review Branch, Compliance Division, GIPSA, USDA, STOP 3604, 1400 Independence Avenue, SW., Washington, DC 20250-3604.

Read Applications and Comments: All applications and comments will be available for public inspection at the office above during regular business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT:

Janet M. Hart at 202-720-8525, e-mail [e-mail].

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 Act authorizes GIPSA's Administrator to designate a qualified applicant to provide official services in a specified area after determining that the applicant is better able than any other applicant to provide such official services. GIPSA designated Minnesota, headquarters in Saint Paul, Minnesota, to provide official inspection services under the Act on April 1, 2005.

Section 7(g)(1) of the Act provides that designations of official agencies will end not later than triennially and may be renewed according to the criteria and procedures prescribed in section 7(f) of the Act. The designation of Minnesota ends on September 30, 2006, according to the Act. However, Minnesota asked GIPSA for a voluntary cancellation of their designation effective November 9, 2005. Accordingly, Minnesota's designation will cease effective November 8, 2005, and GIPSA is asking for applicants to provide official service.

Pursuant to section 7(f)(2) of the Act, the following geographic area, the entire State of Minnesota, except those export port locations within the State, is assigned to this official agency. Interested persons are hereby given the opportunity to apply for designation to provide official services in the geographic areas specified above under provisions of section 7(f) of the Act and section 800.196(d) of the regulations issued thereunder. Persons wishing to apply for designation should contact the Compliance Division at the address listed above for forms and information, or obtain applications at the GIPSA Web site, http://www.usda.gov/​gipsa/​oversight/​parovreg.htm.

Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 71 et seq.).

David R. Shipman,

Acting Administrator, Grain Inspection, Packers and Stockyards Administration.