[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Notices]
[Pages 2853-2854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-257]


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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: This notice announces several actions related to posting of 
stockyards; when required we physically post a sign providing public 
notice that the stockyard is subject to provisions of the Packers and 
Stockyards Act. We propose to post 10 stockyards. We have received 
information that these 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. In addition, we have posted 12 stockyards that were 
previously announced as proposed postings. We determined that the 
stockyards meet the definition of a stockyard under the Packers and 
Stockyards Act and, therefore, have been posted. Three other 
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 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 February 7, 2007.
    For the deposted stockyards, the deposting is effective on January 
23, 2007.

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 H. 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: H. Tess 
Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, 
Washington, DC 20250-3604.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.

SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards 
Administration (GIPSA) administers and enforces the Packers and 
Stockyards Act of 1921, (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.

    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 10 stockyards meet the definition of a stockyard and that we 
propose to designate these stockyards as posted stockyards.

------------------------------------------------------------------------
            Facility number                Stockyard name and location
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AL-193.................................  Tim White d.b.a. 4/W Horse
                                          Sales, Huntsville, Alabama.
AL-194.................................  Coffee County Stockyard, LLC,
                                          New Brockton, Alabama.
AR-178.................................  B-B Livestock Auction & Sales,
                                          Inc., Beebe, Arkansas.
AR-179.................................  Buddy Guyot d.b.a. Beebe
                                          Livestock Auction, Beebe,
                                          Arkansas.
GA-230.................................  Frank Ray Harris d.b.a. Harris
                                          Goat 'N Sheep Auction,
                                          Taylorsville, Georgia.
KY-180.................................  Southern Kentucky Livestock
                                          Market, Inc., Rockfield,
                                          Kentucky.

[[Page 2854]]

 
KY-181.................................  Wigwam Livestock Market, Inc.,
                                          Horse Cave, Kentucky.
MO-287.................................  Springfield Livestock Marketing
                                          Center, LLC, Springfield,
                                          Missouri.
PA-162.................................  John H. Wetmore, Honesdale,
                                          Pennsylvania.
SD-171.................................  SFRL, Inc., d.b.a. Sioux Falls
                                          Regional Livestock, Worthing,
                                          South Dakota.
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    This document also notifies the public that the following 
stockyards meet the definition of a stockyard and that we have posted 
the stockyards. We published notices proposing to post these 12 
stockyards on August 25, 2003, July 6, 2004, July 25, 2005, and April 
5, 2006 (68 FR 51005, 69 FR 40597-40598, 70 FR 42532-42533, and 71 FR 
17071-17072, 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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                                  Stockyard name and
        Facility number                location          Date of posting
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FL-139........................  Arcadia Stockyard,      May 3, 2006.
                                 Arcadia, Florida.
GA-228........................  Triple R Ranch,         June 27, 2006.
                                 Lavonia, Georgia.
GA-229........................  Red Barn Livestock      August 22, 2006.
                                 Auction, Inc.,
                                 Sylvester, Georgia.
LA-147........................  Hays Brothers           May 11, 2006
                                 Livestock Market,
                                 LLC, Arcadia,
                                 Louisiana.
MO-286........................  Miller County Regional  May 23, 2006.
                                 Stockyards, Eldon,
                                 Missouri.
NC-177........................  Cliffside Horse         October 6, 2006.
                                 Auction, Mooresboro,
                                 North Carolina.
NY-174........................  Woods Auction Service,  May 4, 2006.
                                 Cincinnatus, New York.
PA-160........................  Beach's Dairy Auction,  May 30, 2006.
                                 Martinsburg,
                                 Pennsylvania.
PA-161........................  Jonas Lee Fisher &      October 19,
                                 Jacob B. Fisher         2006.
                                 d.b.a. Fisher's
                                 Quality Dairy Sales,
                                 Ronks, Pennsylvania.
TX-348........................  Grimes County           May 8, 2006.
                                 Stockyards, LLC,
                                 Navasota, Texas.
WI-148........................  Milwaukee Stockyards,   July 24, 2006.
                                 LLC, Reeseville,
                                 Wisconsin.
WI-149........................  Horst Stables, LLC,     July 15, 2006.
                                 Thorp, Wisconsin.
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    This document also notifies the public that the following 
facilities, which previously met the definition of a stockyard, were 
not posted. We published notices proposing to post these three 
stockyards on July 25, 2005, and April 5, 2006 (70 FR 42532-42533 and 
71 FR 17071-17072, 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.

------------------------------------------------------------------------
            Facility number                Stockyard name and location
------------------------------------------------------------------------
AR-177.................................  Morrilton Horse Sale,
                                          Morrilton, Arkansas.
GA-227.................................  Friendship Farm Livestock
                                          Auction, Bartow, Georgia.
IN-168.................................  Hardinsburg Horse Sales,
                                          Hardinsburg, Indiana.
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    Additionally, this document notifies the public that the following 
two stockyards no longer meet the definition of a stockyard and that we 
are deposting them. We depost stockyards 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 market agency has 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 number                location            Date posted
------------------------------------------------------------------------
ID-118........................  Rexburg Livestock       April 3, 1950.
                                 Company, Rexburg,
                                 Idaho.
WA-112........................  Marysville Livestock    February 27,
                                 Auction, Inc.,          1962.
                                 Marysville,
                                 Washington.
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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.

James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 07-257 Filed 1-22-07; 8:45 am]
BILLING CODE 3410-KD-P