[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Notices]
[Pages 42532-42533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14593]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration


Proposed Posting and Posting of Stockyards

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: We propose to post 16 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 2 stockyards. We determined that the stockyards 
meet the definition of a stockyard under the Packers and Stockyards Act 
and, therefore, needed to be posted.

DATES: For the proposed posting of stockyards, we will consider 
comments that we receive by August 9, 2005.

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(a) of the P&S Act (7 U.S.C. 202(a)) 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.

    Section 302(b) of the P&S Act (7 U.S.C. 202(b)) 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 16 stockyards meet the definition of stockyard and that we 
propose to designate the stockyards as posted stockyards.

------------------------------------------------------------------------
         Facility No.                 Stockyard name and location
------------------------------------------------------------------------
AR-177.......................  Morrilton Horse Sale, Morrilton,
                                Arkansas.
GA-226.......................  G. R. Sales Co. at Southeastern Arena,
                                Unadilla, Georgia.
IN-167.......................  Northern Indiana Collection Point, LLC,
                                Shipshewana, Indiana.
IN-168.......................  Hardinsburg Horse Sales, Hardinsburg,
                                Indiana.
KS-208.......................  Wakarusa Sale Barn, Wakarusa, Kansas.
LA-147.......................  Hays Brothers Livestock Market, LLC,
                                Arcadia, Louisiana.
NY-175.......................  Welch Livestock Market, Inc., West
                                Edmeston, New York.
NC-176.......................  Triad Livestock Arena, Archdale, North
                                Carolina.
SC-161.......................  Highway 34 Auction Barn, Lugoff, South
                                Carolina.
TN-195.......................  Wilson Horse and Mule Sale, Inc.
                                Cookeville, Tennessee.
TN-196.......................  Country Horse Sales, LLC., Westmoreland,
                                Tennessee.
TX-348.......................  Grimes County Stockyards, L.L.C.,
                                Navasota, Texas.
VA-162.......................  Virginia Cattle Company, Radiant,
                                Virginia.
WV-120.......................  Meadow View Farm, Thornton, West
                                Virginia.
WI-148.......................  Milwaukee Stockyards, LLC, Reeseville,
                                Wisconsin.
WI-149.......................  Horst Stables, LLC, Thorp, Wisconsin.
------------------------------------------------------------------------


[[Page 42533]]

    This document also notifies the public that the following two 
stockyards meet the definition of stockyard and that we have posted the 
stockyards. We published notices proposing to post the two stockyards 
on November 7, 2003 (68 FR 63055-63056). We received no comments in 
response to the proposed posting notice. 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.

----------------------------------------------------------------------------------------------------------------
       Facility No.                     Stockyard name and location                      Date of posting
----------------------------------------------------------------------------------------------------------------
AR-176....................  101 Livestock Auction, Blackwell, Arkansas........  March 18, 2004.
TN-193....................  Lewisburg Livestock, Columbia, Tennessee..........  April 5, 2004.
----------------------------------------------------------------------------------------------------------------


    Authority: 7 U.S.C. 202.

David R. Shipman,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 05-14593 Filed 7-22-05; 8:45 am]
BILLING CODE 3410-EN-P