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Notice

Proposed Posting, Posting, and Deposting of Stockyards

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Information about this document as published in the Federal Register.

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AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Notice and request for comments.

SUMMARY:

The Grain Inspection, Packers and Stockyards Administration (GIPSA) is taking several actions to post and depost stockyards under the Packers and Stockyards Act (P&S Act). Specifically, we are proposing that 23 stockyards now operating subject to the P&S Act be posted. We are posting 12 stockyards that were identified previously as operating subject to the Act. Eleven other facilities, however, were not posted because they were found to be abandoned or no longer functioning as a stockyard and no longer operating subject to the P&S Act. Finally, we are deposting 19 stockyards that can no longer be used as stockyards.

DATES:

For the proposed posting of stockyards, we will consider comments that we receive by May 5, 2009.

For the deposted stockyards, the deposting is effective on April 20, 2009.

ADDRESSES:

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

  • E-Mail: comments.gipsa@usda.gov.
  • Mail: H. Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1654-S, Washington, DC 20250-3604.
  • Fax: (202) 690-2755.
  • Hand Delivery or Courier: H. Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1654-S, Washington, DC 20250-3604.
  • Internet: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments.
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SUPPLEMENTARY INFORMATION:

The Grain Inspection, Packers and Stockyards Administration (GIPSA) administers and enforces the P&S Act of 1921 (7 U.S.C. 181 et seq.). The P&S Act prohibits unfair, deceptive, and fraudulent practices by livestock market agencies, dealers, stockyard owners, meat packers, swine contractors, and live poultry dealers in the livestock, poultry, and meatpacking industries.

Section 302 of the P&S Act (7 U.S.C. 202) defines the term “stockyard” as follows: “* * * any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other enclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.”

Section 302(b) of the P&S Act requires the Secretary of Agriculture to determine which stockyards meet this definition, and to notify the owner of the stockyard and the public of that determination by posting a notice in each designated stockyard. Once the Secretary provides notice to the stockyard owner and the public, the stockyard is subject to the provisions of Title III of the P&S Act (7 U.S.C. 201-203 and 205-217a) until the Secretary deposts the stockyard by public notice. To post a stockyard, we assign the stockyard a facility number, notify the stockyard owner, and send an official posting notice to the stockyard owner to display in a public area of the stockyard. This process is referred to as “posting.” The date of posting is the date that the posting notices are physically displayed at the stockyard. A facility that does not meet the definition of a stockyard is not subject to the Act, and therefore cannot be posted. A posted stockyard can be deposted, which occurs when the facility is no longer used as a stockyard.

We are hereby notifying stockyard owners and the public that the following 23 stockyards meet the definition of a stockyard, and that we propose to designate these stockyards as posted stockyards.

Proposed facility no.Stockyard name and location
AL-197Screamer 5L Auction, Abberville, Alabama.
AR-182R. Tucker, LLC, dba Madison County Livestock Auction, Inc., Huntsville, Arkansas.
KS-209Lyon County Livestock Sales & Services, LLC, dba Admire Livestock Auction, Admire, Kansas.
KY-182Cattlemen's Livestock Market, LLC, Rockfield, Kentucky.
KY-183Mill's 31-E Auction Center, Scottsville, Kentucky.
KY-184Blue Grass South Livestock Market, LLC, Stanford, Kentucky.
MI-151Tom Moore Sales, Onsted, Michigan.
MI-152United Producers, Inc., St. Louis, Michigan.
MI-153United Producers, Inc., Manchester, Michigan.
MI-154United Producers, Inc., Cass City, Michigan.
NC-178Taylorsville Lions Club Alexander County Fair, Taylorsville, North Carolina.
NC-179Edward Johnson Auctioneers, Inc., dba Johnson's Cattle Auction, Canton, North Carolina.
NM-124Cow House Auction, Kirtland, New Mexico.
OH-153Larue Horse Sale, LLC, LaRue, Ohio.
OK-215Old Goat Enterprises, LLC, dba Countryside Auction, Chandler, Oklahoma.
TN-200Longhorn Auction Company and Livestock Sales, Mountain City, Tennessee.
TN-201James Linville, dba Scotts Hill Stockyard, Scotts Hill, Tennessee.
TN-202Tennessee Livestock Producers, Inc., Columbia, Tennessee.
TX-351Great Western Auctions, LLC, Magnolia, Texas.
TX-352Texas Cattle Exchange, Inc., Eastland, Texas.
TX-353Elkhart Horse Center, Elkhart, Texas.
TX-354Marion County Stockyards, Jefferson, Texas.
VA-164Victoria Livestock Market, Victoria, Virginia.

We are also notifying the public that the stockyards listed in the following table meet the P&S Act's definition of a stockyard and that we have posted the stockyards. On March 26, 2008, we published a notice in the Federal Start Printed Page 17946Register (70 FR 15969-15970) of our proposal to post these 12 stockyards. Since we received no comments to our proposal, we have now assigned the stockyards a facility number, notified the owner of the stockyard facilities, and sent notices to the owner of the stockyard to be displayed in public areas of the stockyard. The table below reflects the date of posting for each stockyard.

Facility No.Stockyard name and locationDate of posting
AL-196Clay County Goat & Poultry Auction, Goodwater, AlabamaJuly 11, 2008.
AR-172G.P. Rivers, dba Rivers Horse Center, Lewisville, ArkansasJuly 21, 2008.
AR-180King Livestock Goat and Sheep Auction, North Lonoke, ArkansasJuly 16, 2008.
CO-156Western Slope Cattlemen's Livestock Auction, LLC, Loma, ColoradoJuly 11, 2008.
GA-231Thomas County Stockyards, Inc., Thomasville, GeorgiaJuly 7, 2008.
MS-176Cuevas Auction, Picayune, MississippiJuly 10, 2008.
NY-176Howard W. Visscher, Hilltop Dairy Auction, Savannah, New YorkJuly 16, 2008.
SC-162Claxton's Auction Co., LLC, Ruffin, South CarolinaJuly 16, 2008.
TN-197Jimmy Brown, dba JB Livestock Auction, Gleason, TennesseeJuly 16, 2008.
TN-198Wallace P. Mitchell, dba Mitchell's Trade Center & Auctions, Inc., Castalian Springs, TennesseeJuly 21, 2008.
TX-350Hereford Livestock Exchange, Hereford, TexasJuly 11, 2008.
VA-148Blythe Livestock, LLC, Courtland, VirginiaJuly 15, 2008.

We are further notifying the public that the following facilities, which met the definition of a stockyard previously, were not posted. We published notices proposing to post these 11 stockyards in the Federal Register on July 25, 2005, (70 FR 42532-42533); April 5, 2006 (71 FR 17071-17072); and March 26, 2008, (73 FR 15969-15970) respectively, however, the facilities were not posted because they no longer meet the definition of a stockyard. The facilities were either abandoned or underwent a change such that they no longer function as stockyards.

Proposed facility No.Facility name and location
AL-195R&S Auctions, Clayton, Alabama.
AR-178B-B Livestock Auction & Sales, Inc., Beebe, Arkansas.
FL-138Col. Jerry Colvin, dba C.J. Auctions, Lamont, Florida.
IN-167Northern Indiana Collection Point, LLC, Shipshewana, Indiana.
KY-180Southern Kentucky Livestock Market, Inc., Rockfield, Kentucky.
KY-181Wigwam Livestock Market, Inc., Horse Cave, Kentucky.
MO-288CRS Sales, LLC, Highlandville, Missouri.
TN-196Country Horse Sales, LLC, Westmoreland, Tennessee.
TN-199Middle Tennessee Sheep and Goat Sale, LLC, Dickson, Tennessee.
WI-150Turenne Livestock Market, Thorp, Wisconsin.
WV-120Meadow View Farm, Thornton, West, Virginia.

Finally, we are notifying the public that the following 19 stockyards no longer meet the definition of a stockyard and they are being deposted. We depost stockyards when the facility can no longer be used as a stockyard. The reasons a facility can no longer be used as a stockyard may include the following: (1) The market agency has moved and the posted facility is abandoned; (2) the facility has been torn down or otherwise destroyed, such as by fire; (3) the facility is dilapidated beyond repair; or (4) the facility has been converted and its function has changed.

Facility No.Stockyard name and locationDate posted
AR-105B-B Livestock Sales, IncorporatedFebruary 16, 1959.
AR-131Morrilton Livestock Auction, Morrilton, ArkansasSeptember 30, 1959.
AZ-116Arizona Livestock Auction, Inc., Phoenix, ArizonaMay 13, 1997.
CO-152Garfield Livestock Market, Inc., Silt, ColoradoFebruary 25, 1986.
ID-114Custer County Livestock Marketing Association, Inc., MacKay, IdahoAugust 22, 1961.
KS-108Cedar Vale Sale Barn, Inc., Cedar Vale, KansasMay 26, 1959.
KS-113Coldwater Livestock Sales Co., Inc., Coldwater, KansasApril 12, 1950.
KS-137Great Bend Livestock Sales, Inc., Great Bend, KansasApril 18, 1950.
KS-145Hutchinson Livestock Commission Co., Inc., Hutchinson, KansasApril 10, 1950.
KS-169Onaga Livestock Auction, Inc., Wheaton, KansasMay 27, 1959.
KS-172Franklin County Livestock Commission Co., Ottawa, KansasFebruary 12, 1963.
KS-186Smith Center Livestock Auction, Smith Center, KansasOctober 23, 1957.
MO-100South Central Stockyards, LLC, Alton, MissouriApril 21, 1960.
MO-152Licking Livestock Auction, Licking, MissouriMay 15, 1959.
TX-280Weatherford Stockyards Company, Mineral Wells, TexasAugust 12, 1960.
UT-112Spanish Fork Livestock Auction, Co., Spanish Fork, UtahOctober 24, 1959.
VA-133Smithfield Livestock, Inc., Smithfield, VirginiaMarch 9, 1959.
VA-144Abingdon Stockyard Exchange, Inc., dba Wytheville Stockyard, Wytheville, VirginiaMarch 4, 1959.
VA-149Central Virginia Livestock Market, Inc., Amherst, VirginiaApril 13, 1976.
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Effective Date

These depostings are effective upon publication in the Federal Register because they relieve a restriction and, therefore, may be made effective in less than 30 days after publication in the Federal Register without prior notice or other public procedure.

Start Authority

Authority: 7 U.S.C. 202.

End Authority Start Signature

Alan R. Christian,

Acting Administrator, Grain Inspection, Packers and Stockyards Administration.

End Signature End Supplemental Information

[FR Doc. E9-9012 Filed 4-17-09; 8:45 am]

BILLING CODE 3410-KD-P