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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 eight stockyards now operating subject to the P&S Act be posted. We are posting 20 stockyards that were identified previously as operating subject to the P&S Act. Finally, we are deposting 34 stockyards that can no longer be used as stockyards.

DATES:

For the proposed posting of stockyards, we will consider comments that we receive by February 10, 2010.

For the deposted stockyards, the deposting is effective on January 26, 2010.

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) 690-2173.
  • Hand Delivery or Courier: H. Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1643-S, Washington, DC 20250-3604.
  • Internet: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments.
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FOR FURTHER INFORMATION CONTACT:

S. Brett Offutt, Director, Policy and Litigation Division, e-mail: S.Brett.Offutt@usda.gov or fax: (202) 690-3207.

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SUPPLEMENTARY INFORMATION:

The Grain Inspection, Packers and Stockyards Administration (GIPSA) administers and enforces the P&S Act, (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 P&S 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 eight 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
CA-193Westside Auction Yard, Newman, California.
AZ-117Robertson Horse Sales, Benson, Arizona.
IA-263Clarke's Auctioneering, Chariton, Iowa.
KY-185Bluegrass Sales Stables, LLC, Elkton, Kentucky.
ME-106Clark's Auction Company, Skowhegan, Maine.
OK-216Alva Livestock Market, Alva Oklahoma.
TX-356Corsicana Livestock Auction, Inc., Corsicana, Texas.
WI-151Turenne Livestock Market, Thorpe, Wisconsin.

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 April 20, 2009, we published a notice in the Federal Register (74 FR 17945-17947) of our proposal to post these 20 stockyards. Since we received no comments to our proposal, we assigned the stockyards a facility number and notified the owner of the stockyard facilities. Posting notices were sent to the owner of the stockyard to display 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-197Screamer 5L Auction, Abberville, AlabamaJune 1, 2009.
KS-209Lyon County Livestock Sales & Services, LLC, dba Admire Livestock Auction, Admire, KansasJune 3, 2009.
KY-182Cattlemen's Livestock Market, LLC, Rockfield, KentuckyJune 2, 2009.
KY-183Mill's 31-E Auction Center, Scottsville, KentuckyJune 10, 2009.
KY-184Blue Grass South Livestock Market, LLC, Stanford, Kentucky
MI-151Tom Moore Sales, Onsted, MichiganMay 30, 2009.
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MI-152United Producers, Inc., St. Louis, MichiganJune 1, 2009.
MI-153United Producers, Inc., Manchester, MichiganJune 2, 2009.
MI-154United Producers, Inc., Cass City, MichiganJune 2, 2009.
NC-179Edward Johnson Auctioneers, Inc., dba Johnson's Cattle Auction, Canton, North CarolinaJune 6, 2009.
NM-124Cow House Auction, Kirtland, New MexicoJune 10, 2009.
OH-153Larue Horse Sale, LLC, LaRue, OhioMay 29, 2009.
OK-215Old Goat Enterprises, LLC, dba Countryside Auction, Chandler, OklahomaJune 9, 2009.
TN-200Longhorn Auction Company and Livestock Sales, Mountain City, TennesseeJune 10, 2009.
TN-201James Linville, dba Scotts Hill Stockyard, Scotts Hill, TennesseeJune 1, 2009.
TN-202Tennessee Livestock Producers, Inc., Columbia, TennesseeJune 10, 2009.
TX-352Texas Cattle Exchange, Inc., Eastland, TexasJune 1, 2009.
TX-353Elkhart Horse Center, Elkhart, TexasJune 5, 2009.
TX-354Marion County Stockyards, Jefferson, TexasJune 10, 2009.
VA-164Victoria Livestock Market, Victoria, VirginiaJune 10, 2009.

Finally, we are notifying the public that the following 34 stockyards no longer meet the definition of a stockyard and that 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-103Batesville Stockyards, Inc., Batesville, ArkansasJune 28, 1957.
AR-177Morrilton Horse Sale, Morrilton, ArkansasApril 17, 2006.
CO-148Valley Livestock Auction Co., Inc., Fruita, ColoradoJune 1, 1978.
CO-152Mountain States Livestock Marketing, Inc., Silt, ColoradoFebruary 25, 1986.
FL-100Arcadia State Livestock Market, Inc.February 26, 1960.
FL-102Neel Cattle, Inc.March 7, 1960.
FL-112Northwest Florida Livestock Market, Inc.March 1, 1960.
FL-120Cattlemen's Livestock Auction MarketFebruary 25, 1960.
KS-105Beloit Livestock Auction, Beloit, KansasMarch 29, 1950.
KS-106Coffey County Livestock Market, Inc., Burlington, KansasJune 16, 1959.
KS-109Chanute Regional Stockyards, Inc., Chanute, KansasMay 26, 1959.
KS-144Hoxie Livestock Market, Hoxie, KansasMarch 22, 1965.
LA-111Livestock Producers, Inc., Bossier City, LouisianaJanuary 20, 1959.
LA-118Livestock Producers, Inc., Homer, LouisianaMarch 9, 1957.
LA-145Stanley Brothers Livestock, Inc., Bastrop, LouisianaAugust 22, 1994.
MO-196United Producers, Inc., Sedalia, MissouriJune 8, 1959.
MO-242United Producers, Inc., Buffalo, MissouriDecember 15, 1977.
NM-103Twin Heart Ranch, Inc., dba San Juan Livestock, Aztec, New MexicoMarch 28, 1966.
OK-135Hennessey Livestock Auction, LLC, Hennessey, OklahomaMarch 25, 1969.
OR-123Bever Livestock Auction, Bever, OregonSeptember 20, 1960.
PA-106Chambersburg Livestock Sales, Inc., Chambersburg, PennsylvaniaDecember 3, 1959.
PA-125Lancaster Stockyards, Inc., Lancaster, PennsylvaniaNovember 1, 1921.
PA-137Quakertown Livestock Sales, Inc., Quakertown, PennsylvaniaNovember 18, 1959.
PA-140Isennock Auction Services, Inc., New Park, PennsylvaniaOctober 14, 1964.
PA-146Thomasville Livestock Market, Inc., York, PennsylvaniaDecember 2, 1959.
PA-150Sarah E. Fisher's Sale, York Springs, PennsylvaniaNovember 21, 1975.
PA-153Green Acres Enterprise, Inc., Rossiter, PennsylvaniaMarch 29, 1986.
TN-110Southern Livestock & Auction Company, Columbia, TennesseeAugust 30, 1961.
TN-152Paris Livestock Sales, Paris, TennesseeMay 26, 1959.
TX-114Belton Livestock Auction, Belton, TexasSeptember 10, 1963.
TX-116Blanco Livestock Commission Company, Blanco, TexasAugust 18, 1961.
TX-157Eastland Auction Co., Eastland, TexasNovember 30, 1956.
TX-242Paris Livestock Commission Company, Inc., Paris, TexasNovember 20, 1956.
TX-253Union Stock Yards, San Antonio, TexasNovember 1, 1921.

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.

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Authority: 7 U.S.C. 202.

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J. Dudley Butler,

Administrator, Grain Inspection, Packers and Stockyards Administration.

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[FR Doc. 2010-1498 Filed 1-25-10; 8:45 am]

BILLING CODE 3410-KD-P