[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Notices]
[Pages 35252-35253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9587]


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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 one stockyard. We have received information 
that the stockyard meets the definition of a stockyard under the 
Packers and Stockyards Act and, therefore, needs to be posted. Posted 
stockyards are subject to the provisions of the Packers and Stockyards 
Act. We have posted seven stockyards. We determined that the stockyards 
meet the definition of a stockyard under the Packers and Stockyards Act 
and, therefore, have been posted. Four facilities, for which notices of 
proposed posting were announced, were not posted because they no longer 
meet the definition of a stockyard. These facilities were either 
abandoned or underwent a change so they no longer function as a 
stockyard. We are also deposting four stockyards. These facilities can 
no longer be used as a stockyard and, therefore, are no longer required 
to be posted.

DATES: For the proposed posting of stockyards, we will consider 
comments that we receive by July 5, 2006.
    For the deposted stockyards, the deposting is effective on June 19, 
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. 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

[[Page 35253]]

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 stockyard meets the definition of stockyard and that we 
propose to designate the stockyard as a posted stockyard.

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           Facility  No.                 Stockyard name and location
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KY-179............................  Steve Newman d.b.a. Steve Newman
                                     Horse Auctions, Powderly, Kentucky.
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    This document also notifies the public that the following 
stockyards meet the definition of stockyard and that we have posted the 
stockyards. We published notices proposing to post these 7 stockyards 
on July 6, 2004 and July 25, 2005 (69 FR 40597 and 70 FR 42532, 
respectively). We received no comments in response to these proposed 
posting notices. 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
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AL-192................................  Mid State Stockyards, L.L.P.,      October 4, 2005.
                                         Letohatchee, Alabama.
KS-208................................  Wakarusa Sale Barn, Wakarusa,      April 21, 2006.
                                         Kansas.
MS-175................................  West Point Stockyard, West Point,  June 13, 2005.
                                         Mississippi.
NY-175................................  Welch Livestock Market, Inc.,      May 2, 2006.
                                         West Edmeston, New York.
OK-214................................  Evans Auction Co., Ada, Oklahoma.  August 9, 2005.
SC-160................................  Martin & Martin Cattle, Inc.,      September 2, 2005.
                                         Williamston, South Carolina.
TX-347................................  Tri-County Commission Company,     March 20, 2006.
                                         Santo, Texas.
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    This document also notifies the public that the following 
stockyards, which previously met the definition of a stockyard, were 
not posted. We published notices proposing to post these 4 stockyards 
on July 24, 1997, July 6, 2004, and July 25, 2005 (62 FR 39805, 69 FR 
40597, and 70 FR 42532, respectively). The facilities were not posted 
because they no longer meet the definition of a stockyard. The 
facilities were either abandoned or underwent a change so that they no 
longer function as a stockyard.

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           Facility  No.                 Stockyard name and location
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KY-178............................  WigWam Livestock Market, Inc., Horse
                                     Cave, Kentucky.
MS-170............................  Alcorn County Stockyard, Corinth,
                                     Mississippi.
SC-161............................  Highway 34 Auction Barn, Lugoff,
                                     South Carolina.
TN-194............................  Starr Mountain Auction, Etowah,
                                     Tennessee.
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    Additionally, this document notifies the public that the following 
four 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.

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             Facility  No.                 Stockyard name and location                  Date posted
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AL-118................................  J.R. Lushington d.b.a. Coffee      July 10, 1959.
                                         Country Stockyard, Elba, Alabama.
AR-105................................  Buddy Guyot d.b.a. Beebe           February 16, 1959.
                                         Livestock Auction, Beebe,
                                         Arkansas.
KY-119................................  Wigwam Hog and Feeder Pig Market,  October 22, 1969.
                                         Inc., Horse Cave, Kentucky.
OR-115................................  Rogue Valley Livestock Auction     September 30, 1959.
                                         Co., Eagle Point, Oregon.
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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.

James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
 [FR Doc. E6-9587 Filed 6-16-06; 8:45 am]
BILLING CODE 3410-EN-P