[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Notices]
[Pages 40597-40598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15215]


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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.

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SUMMARY: We propose to post nine stockyards. We have received 
information that the stockyards meet the definition of a stockyard 
under the Packers and Stockyards Act and, therefore, need to be posted. 
Posted stockyards are subject to the provisions of the Packers and 
Stockyards Act. We have posted 11 stockyards. We determined that the 
stockyards meet the definition of a stockyard under the Packers and 
Stockyards Act and, therefore, needed to be posted. We are also 
deposting one stockyard. This facility can no longer be used as a 
stockyard and, therefore, is no longer required to be posted.

DATES: For the proposed posting of stockyards, we will consider 
comments that we receive by July 21, 2004.
    For the deposted stockyard, the deposting is effective on July 6, 
2004.

ADDRESSES: We invite you to submit comments on this notice. You may 
submit comments by any of the following methods:
     E-mail: Send comments via electronic mail to 
[email protected].
     Mail: Send hardcopy written comments to Tess Butler, 
GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 
20250-3604.
     Fax: Send comments by facsimile transmission to: (202) 
690-2755.
     Hand Delivery or Courier: Deliver comments to: Tess 
Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, 
Washington, DC 20250-3604.

SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards 
Administration (GIPSA) administers and enforces the Packers and 
Stockyards Act of 1921, as amended and supplemented (7 U.S.C. 181-229) 
(P&S Act). 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 inclosures, and 
their appurtenances, in which live cattle, sheep, swine, horses, 
mules, or goats are received, held, or kept for sale or shipment in 
commerce.


[[Page 40598]]


    Section 302 (b) of the P&S Act requires the Secretary 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. After giving notice to the stockyard owner 
and to the public, the stockyard will be 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.
    This document notifies the stockyard owners and the public that the 
following nine stockyards meet the definition of stockyard and that we 
propose to designate the stockyards as posted stockyards.

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              Facility No.                 Stockyard name and location
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AL-192.................................  Mid State Stockyards, LLP,
                                          Letohatchee, Alabama.
CA-192.................................  Red Ryder Ranch, Lancaster,
                                          California
KY-178.................................  Wig Wam Livestock Market, Inc.,
                                          Horse Cave, Kentucky.
OK-214.................................  4 B Auction Company, Ada,
                                          Oklahoma.
MS-175.................................  West Point Stockyard, West
                                          Point, Mississippi.
PA-160.................................  Beach's Dairy Auction,
                                          Martinsburg, Pennsylvania.
SC-160.................................  Martin & Martin Cattle, Inc.,
                                          Williamston, South Carolina.
TN-194.................................  Starr Mountain Auction, Etowah,
                                          Tennessee.
TX-347.................................  Tri-County Commission Company,
                                          Santo, Texas.
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    This document also notifies the public that the following 11 
stockyards meet the definition of stockyard and that we have posted the 
stockyards. We published notices proposing to post the 11 stockyards on 
September 13, 2000, August 25, 2003, and November 7, 2003 (65 FR 55217, 
68 FR 51005, and 68 FR 63055-63056, respectively). We received no 
comments in response to any of these proposed posting notices. To post 
stockyards, we assign the stockyard a facility number, notify the owner 
of the stockyard facility, and send notices to the owner of the 
stockyard to post on display in public areas of the stockyard. The date 
of posting is the date on which the posting notices are physically 
displayed.

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                                  Stockyard name and
        Facility number                location          Date of posting
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CA-190........................  Tulare Sales Yard,      November 5,
                                 Inc., Tulare,           2003.
                                 California.
CA-191........................  B and B Livestock       November 5,
                                 Auction, Madera,        2003.
                                 California.
MN-193........................  Fergus Falls Livestock  November 28,
                                 Auction Market,         2003.
                                 Fergus Falls,
                                 Minnesota.
MS-174........................  Solomon's Horse Sale,   March 17, 2004.
                                 Belmont, Mississippi.
MO-283........................  Cameron Livestock       December 4,
                                 Sales, Warrensburg,     2003.
                                 Missouri.
MO-284........................  Southwest City          November 29,
                                 Livestock Auction,      2003.
                                 L.L.C., Southwest
                                 City, Missouri.
MO-285........................  Gainesville Livestock   March 15, 2004.
                                 Auction, Inc.,
                                 Gainesville, Missouri.
OK-212........................  Perkins Livestock       January 21,
                                 Sales, Inc., Perkins,   2004.
                                 Oklahoma.
OK-213........................  Bakers Auction,         November 21,
                                 Butler, Oklahoma.       2003.
TX-346........................  Shamrock Livestock      November 3,
                                 Commission, Shamrock,   2003.
                                 Texas.
VA 161........................  Wythe County Livestock  April 1, 2004.
                                 Exchange, L.L.C.
                                 Wytheville, Virginia.
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    Additionally, this document notifies the public that the following 
one stockyard no longer meets the definition of stockyard and that we 
are deposting the facility. We depost a stockyard when the facility can 
no longer be used as a stockyard. Some of the reasons a facility can no 
longer be used as a stockyard include: The facility has been moved and 
the posted facility is abandoned, the facility has been torn down or 
otherwise destroyed, such as by fire, the facility is dilapidated 
beyond repair, or the facility has been converted and its function 
changed.

------------------------------------------------------------------------
                                  Stockyard name and
         Facility No.                  location            Date posted
------------------------------------------------------------------------
PA-159........................  Troy Sales, Troy,       September 17,
                                 Pennsylvania.           1997
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Effective Date

    This deposting is effective upon publication in the Federal 
Register because it relieves 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.

    Dated:
Donna Reifschneider,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 04-15215 Filed 7-2-04; 8:45 am]
BILLING CODE 3410-EN-P