Rules and Regulations. Notice and request for comments
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BILLING CODE 6712-01-S 75 16 Tuesday, January 26, 2010 Notices DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Proposed Posting, Posting, and Deposting of Stockyards 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. FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and Litigation Division, e-mail: *S.Brett.Offutt@usda.gov* or fax:
(202)690-3207. 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-193 Westside Auction Yard, Newman, California. AZ-117 Robertson Horse Sales, Benson, Arizona. IA-263 Clarke's Auctioneering, Chariton, Iowa. KY-185 Bluegrass Sales Stables, LLC, Elkton, Kentucky. ME-106 Clark's Auction Company, Skowhegan, Maine. OK-216 Alva Livestock Market, Alva Oklahoma. TX-356 Corsicana Livestock Auction, Inc., Corsicana, Texas. WI-151 Turenne 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 location Date of posting AL-197 Screamer 5L Auction, Abberville, Alabama June 1, 2009. KS-209 Lyon County Livestock Sales & Services, LLC, dba Admire Livestock Auction, Admire, Kansas June 3, 2009. KY-182 Cattlemen's Livestock Market, LLC, Rockfield, Kentucky June 2, 2009. KY-183 Mill's 31-E Auction Center, Scottsville, Kentucky June 10, 2009. KY-184 Blue Grass South Livestock Market, LLC, Stanford, Kentucky MI-151 Tom Moore Sales, Onsted, Michigan May 30, 2009. MI-152 United Producers, Inc., St. Louis, Michigan June 1, 2009. MI-153 United Producers, Inc., Manchester, Michigan June 2, 2009. MI-154 United Producers, Inc., Cass City, Michigan June 2, 2009. NC-179 Edward Johnson Auctioneers, Inc., dba Johnson's Cattle Auction, Canton, North Carolina June 6, 2009. NM-124 Cow House Auction, Kirtland, New Mexico June 10, 2009. OH-153 Larue Horse Sale, LLC, LaRue, Ohio May 29, 2009. OK-215 Old Goat Enterprises, LLC, dba Countryside Auction, Chandler, Oklahoma June 9, 2009. TN-200 Longhorn Auction Company and Livestock Sales, Mountain City, Tennessee June 10, 2009. TN-201 James Linville, dba Scotts Hill Stockyard, Scotts Hill, Tennessee June 1, 2009. TN-202 Tennessee Livestock Producers, Inc., Columbia, Tennessee June 10, 2009. TX-352 Texas Cattle Exchange, Inc., Eastland, Texas June 1, 2009. TX-353 Elkhart Horse Center, Elkhart, Texas June 5, 2009. TX-354 Marion County Stockyards, Jefferson, Texas June 10, 2009. VA-164 Victoria Livestock Market, Victoria, Virginia June 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 location Date posted AR-103 Batesville Stockyards, Inc., Batesville, Arkansas June 28, 1957. AR-177 Morrilton Horse Sale, Morrilton, Arkansas April 17, 2006. CO-148 Valley Livestock Auction Co., Inc., Fruita, Colorado June 1, 1978. CO-152 Mountain States Livestock Marketing, Inc., Silt, Colorado February 25, 1986. FL-100 Arcadia State Livestock Market, Inc. February 26, 1960. FL-102 Neel Cattle, Inc. March 7, 1960. FL-112 Northwest Florida Livestock Market, Inc. March 1, 1960. FL-120 Cattlemen's Livestock Auction Market February 25, 1960. KS-105 Beloit Livestock Auction, Beloit, Kansas March 29, 1950. KS-106 Coffey County Livestock Market, Inc., Burlington, Kansas June 16, 1959. KS-109 Chanute Regional Stockyards, Inc., Chanute, Kansas May 26, 1959. KS-144 Hoxie Livestock Market, Hoxie, Kansas March 22, 1965. LA-111 Livestock Producers, Inc., Bossier City, Louisiana January 20, 1959. LA-118 Livestock Producers, Inc., Homer, Louisiana March 9, 1957. LA-145 Stanley Brothers Livestock, Inc., Bastrop, Louisiana August 22, 1994. MO-196 United Producers, Inc., Sedalia, Missouri June 8, 1959. MO-242 United Producers, Inc., Buffalo, Missouri December 15, 1977. NM-103 Twin Heart Ranch, Inc., dba San Juan Livestock, Aztec, New Mexico March 28, 1966. OK-135 Hennessey Livestock Auction, LLC, Hennessey, Oklahoma March 25, 1969. OR-123 Bever Livestock Auction, Bever, Oregon September 20, 1960. PA-106 Chambersburg Livestock Sales, Inc., Chambersburg, Pennsylvania December 3, 1959. PA-125 Lancaster Stockyards, Inc., Lancaster, Pennsylvania November 1, 1921. PA-137 Quakertown Livestock Sales, Inc., Quakertown, Pennsylvania November 18, 1959. PA-140 Isennock Auction Services, Inc., New Park, Pennsylvania October 14, 1964. PA-146 Thomasville Livestock Market, Inc., York, Pennsylvania December 2, 1959. PA-150 Sarah E. Fisher's Sale, York Springs, Pennsylvania November 21, 1975. PA-153 Green Acres Enterprise, Inc., Rossiter, Pennsylvania March 29, 1986. TN-110 Southern Livestock & Auction Company, Columbia, Tennessee August 30, 1961. TN-152 Paris Livestock Sales, Paris, Tennessee May 26, 1959. TX-114 Belton Livestock Auction, Belton, Texas September 10, 1963. TX-116 Blanco Livestock Commission Company, Blanco, Texas August 18, 1961. TX-157 Eastland Auction Co., Eastland, Texas November 30, 1956. TX-242 Paris Livestock Commission Company, Inc., Paris, Texas November 20, 1956. TX-253 Union Stock Yards, San Antonio, Texas November 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. Authority: 7 U.S.C. 202. J. Dudley Butler, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2010-1498 Filed 1-25-10; 8:45 am]
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- 7 USC 201-203
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