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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
requires Federal agencies to consult and coordinate with tribes on a governmentto-government basis on: 1 Policies that have tribal implications, including regulations, legislative comments or proposed legislation; and 2 other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Agricultural Marketing Service AMS
has assessed the impact of this proposed rule on Indian tribes and determined that this rule would not have tribal implications that require consultation under Executive Order 13175. AMS
hosts a quarterly teleconference with tribal leaders where matters of mutual interest regarding the marketing of agricultural products are discussed.
Information about proposed changes to regulations will be shared during an upcoming quarterly call, and tribal leaders will be informed about proposed revisions to the regulation and the opportunity to submit comments. AMS
will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided as needed with regards to the proposed regulations.
AMS has provided 30 days for comments on this proposed rule. All comments received by September 20, 2021 will be considered prior to finalizing this proposed rule. Comments in response to any or all of the above processes or proposed wording should be submitted to the address provided in the ADDRESSES section of this document to ensure consideration.
List of Subjects in 7 CFR Part 800
Administrative practice and procedure, Exports, Grains, Reporting and recordkeeping requirements.
For reasons set forth in the preamble, FGIS proposes to amend 7 CFR part 800
as follows:
PART 800GENERAL REGULATIONS
1. The authority citation for part 800
continues to read as follows:

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Authority: 7 U.S.C. 7187k.

2. Amend 800.117 by:
a. Adding paragraph b introductory text;
b. Revising paragraph b1;
c. Redesignating paragraphs b2 and 3 as paragraphs b3 and 4, respectively; and d. Adding new paragraph b2.

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The additions and revision read as follows:
800.117
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b Exceptions for official agencies to provide service. Under an exception, an official agency may provide service to a customer outside of their geographic area. The applicant must request that the Service grant an exception. As outlined below, the Service may grant an exceptions in instances when: The assigned official agency is unable to provide inspection services in a timely manner; a person requesting inspection services in that geographic area has not been receiving official inspection services from the official agency for that geographic area; a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot basis; or, the assigned official agency for that geographic area agrees in writing with the adjacent official agency to waive the current geographic area restriction at the request of the applicant for service.
1 Timely service. The Service grants an exception when service is not timely as described in this section. Service is not timely when an official agency cannot provide requested official services within 6 hours or cannot provide results and certificate in accordance with 800.160c. Applicants may also request timely service exceptions for delays caused by weather events or request a timely service exception for services that the assigned official agency does not offer. The applicant must submit a request for a timely service exception to the Service.
The applicant may make this request orally or in writing. The applicant must clearly state and support the identified reason for the requested exception.
There are three consecutive tiers of timely service exceptions: One-time, 90day, and long-term. Applicants must progress through each tier. Applicants must apply for and the Service must approve a one-time exception before the Service considers a 90-day exception.
Likewise, applicants must apply for and the Service must approve a 90-day exception before the Service will consider a long-term exception. The Service will review requests and may contact the applicant, the assigned official agency, or potential gaining agency with questions during its review.
The Service will provide its determination on the exception request to the customer in writing.
i One-time. In the case of untimely service, the ability to use another
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official agency may be granted for the next service request, as applicable.
ii 90-day. If there is an occurrence of untimely service within 180 days of the date of the occurrence in paragraph b1i of this section, the applicant may request a 90-day exception. This 90-day window will begin the day the exception is granted.
iii Long-term. If after a return to service following an exception granted under paragraph b1ii of this section there is another occurrence of untimely service within 365 days, the applicant may request a long-term exception.
When granting this exception, the Service may extend this exception up to the date of termination of the gaining agencys designation term.
iv Supporting Documentation. The applicant must submit a request for a timely service exception and associated supporting documentation to the Service. The Service will give all parties an opportunity to provide information.
The Service will request additional information if any is needed.
v Review and Validation. Prior to granting a timely service exception, the Service will review and validate all information submitted with the application. If the request is urgent and made outside of the Services normal business hours, an official agency from outside the geographic area may provide service. When providing an urgent service, the official agency must provide written notification to the Service within two business days after service.
The Service will review and validate the circumstances of the urgent request and the Service will verify that the request was not false or misleading.
vi False or Misleading Requests. If an applicant submits a request that the Service determines to be false or misleading, the Service will not grant the exception. If an urgent request was granted on the basis of a false and misleading request, the Service may deny the applicant from future urgent timely service exceptions for a period of up to 180 days.
vii Return to the Assigned Official Agency. The applicant maintains the option of returning to the assigned official agency at any time with a 60-day notification period to all parties. The exception will be cancelled, and future exception requests will be considered at the beginning of successive-tiered system.
viii Termination. If the Service determines the original official agencys inability to provide a specific service, limited due to weather events or service availability, has been resolved, the Service may terminate the long-term exception. However, if the exception
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