[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Pages 17071-17072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3301]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
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  Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / 
Notices  

[[Page 17071]]



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: 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 one stockyard. We determined that the 
stockyard meets the definition of a stockyard under the Packers and 
Stockyards Act and, therefore, needed to be posted. We are also 
deposting two stockyards. These facilities can no longer be used as 
stockyards and, therefore, are no longer required to be posted.

DATES: For the proposed posting of stockyards, we will consider 
comments that we receive by April 20, 2006.
    For the deposted stockyards, the deposting is effective on April 5, 
2006.

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. 1-229) 
(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.

    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.

------------------------------------------------------------------------
           Facility No.                  Stockyard name and location
------------------------------------------------------------------------
NC--177...........................  Cliffside Horse Auction, Mooresboro,
                                     North Carolina.
GA--227...........................  Friendship Farm Livestock Auction,
                                     Bartow, Georgia.
FL--138...........................  Col. Jerry Colvin d.b.a. C.J.
                                     Auctions, Lamont, Florida.
GA--228...........................  Triple R. Ranch, Lavonia, Georgia.
GA--229...........................  Red Barn Livestock Auction, Inc.,
                                     Sylvester, Georgia.
MO--286...........................  Miller County Regional Stockyards,
                                     Eldon, Missouri.
TX--349...........................  Rio Grand Classic, El Paso, Texas.
PA--161...........................  Johas Lee Fisher & Jacob B. Fisher
                                     d.b.a. Fishers Quality Dairy Sales,
                                     Ronks, Pennsylvania.
FL--139...........................  Arcadia Stockyard, Arcadia, Florida.
------------------------------------------------------------------------

    This document also notifies the public that the following stockyard 
meets the definition of stockyard and that we have posted the 
stockyard. We published a notice proposing to post the stockyard on 
July 6, 2004 (69 FR 40597). We received no comments in response to the 
proposed posting notice. To post a stockyard, 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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              Facility No.                        Stockyard name and location               Date of posting
----------------------------------------------------------------------------------------------------------------
CA-192..................................  Red Ryder Ranch, Lancaster, California....  May 23, 2005.
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[[Page 17072]]

    Additionally, this document notifies the public that the following 
two stockyards no longer meet the definition of stockyard and that we 
are deposting the facilities. 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.

----------------------------------------------------------------------------------------------------------------
              Facility No.                        Stockyard name and location                 Date posted
----------------------------------------------------------------------------------------------------------------
SC-125..................................  York Stockyard, Inc., York, South Carolina  April 18, 1960.
IA-149..................................  Fairfield Livestock Auction, L.L.C.,        May 19, 1959.
                                           Fairfield, Iowa.
----------------------------------------------------------------------------------------------------------------

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.

James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 06-3301 Filed 4-4-06; 8:45 am]
BILLING CODE 3410-EN-P