[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 2950-2952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00689]
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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.
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SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is taking several actions to post and depost stockyards under
the Packers and Stockyards Act (P&S Act). Specifically, we are
proposing that sixteen stockyards now operating subject to the P&S Act
be posted. We are also posting eight stockyards that were identified
previously as operating subject to the P&S Act.
DATE: For the proposed posting of stockyards, we will consider
comments that we receive by January 30, 2013.
ADDRESSES: We invite you to submit comments on this notice. You may
submit comments by any of the following methods:
Internet: Go to http://www.regulations.gov. Follow the
online instructions for submitting comments.
Mail, hand deliver, or courier to Dexter Thomas, GIPSA,
USDA, 1400 Independence Avenue SW., Room 2530-S, Washington, DC 20250-
3604.
Fax to (202) 690-2173.
Instructions: All comments should refer to the date and page number
of this issue of the Federal Register. The comments and other documents
relating to this action will be available for public inspection during
regular business hours.
FOR FURTHER INFORMATION CONTACT: Catherine M. Grasso, Program Analyst,
Policy and Litigation Division at (202) 720-7363 or
[email protected].
SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards
Administration (GIPSA) administers and enforces the P&S Act of 1921, (7
U.S.C. 181 et seq.). 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 enclosures, 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 of
Agriculture 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. Once the Secretary
provides notice to the stockyard owner and the public, the stockyard is
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. To post a stockyard, we assign the stockyard a facility number,
notify the stockyard owner, and send an official posting notice to the
stockyard owner to display in a public area of the stockyard. This
process is referred to as ``posting.'' The date of posting is the date
that the posting notices are physically displayed at the stockyard. A
facility that does not meet the definition of a stockyard is not
subject to the P&S Act, and therefore cannot be posted. A posted
stockyard can be deposted, which occurs when the facility is no longer
used as a stockyard.
We are hereby notifying stockyard owners and the public that the
following sixteen stockyards meet the definition of a stockyard, and
that we propose to designate these stockyards as posted stockyards.
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Proposed facility No. Stockyard name and location
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GA-233.......................... Middle Georgia Goat & Chicken Auction,
Cochran, Georgia.
GA-234.......................... Bent Staple Auctions, LLC., Ocilla,
Georgia.
GA-235.......................... Dooly County Livestock, LLC.,
Unadilla, Georgia.
IN-170.......................... Tri-State Livestock Auction, LLC.,
Angola, Indiana.
MS-177.......................... Clark's Livestock, Forest,
Mississippi.
MT-124.......................... Headwaters Livestock Auction, Three
Forks, Montana.
NY-178.......................... Don Yahn Market, Cherry Creek, New
York.
NY-179.......................... HillTop Auction Company, Penn Yan, New
York.
OK-217.......................... Cross Livestock Auction, LLC,
Checotah, Oklahoma.
SC-164.......................... H & S Stockyards, Ehrhardt, South
Carolina.
TN-204.......................... Heritage Horse Sales, LLC.,
Shelbyville, Tennessee.
TN-205.......................... Bill Roark dba Roan Valley Auction
Company and Livestock Market,
Mountain City, Tennessee.
TN-206.......................... The Sale of Champions, Shelbyville,
Tennessee.
TN-207.......................... Southern Saddlebred Sales, Inc.,
Murfreesboro, Tennessee.
TX-355.......................... Sulphur Springs Horse Sales, Sulphur
Springs, Texas.
TX-357.......................... High Plains Livestock LLC., Hereford,
Texas
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We are also notifying the public that the stockyards listed in the
following table meet the P& S Act's definition of a stockyard and that
we have posted the stockyards. On January 26, 2010, we published a
notice in the Federal Register (75 FR 4039-4040) of our proposal to
post these eight stockyards. Since we received no comments to our
proposal, we assigned the stockyards a facility number and notified the
owner of the stockyard facilities. Posting notices were sent to the
owner of the stockyard to display in public areas of the stockyard.
The table below reflects the date of posting for each stockyard.
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Facility No. Stockyard name and location Date of posting
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AZ-117................................... Robertson Horse Sales, Benson, April 28, 2010.
Arizona.
CA-193................................... Westside Auction Yard, Newman, May 3, 2010.
California.
IA-263................................... Clarke's Auctioneering, Chariton, May 6, 2010.
Iowa.
KY-185................................... Bluegrass Sales Stables, LLC, April 30, 2010.
Elkton, Kentucky.
ME-106................................... Clark's Auction Company, May 4, 2010.
Skowhegan, Maine.
OK-216................................... Alva Livestock Market, Alva May 6, 2010.
Oklahoma.
TX-356................................... Corsicana Livestock Auction, April 30, 2010.
Inc., Corsicana, Texas.
WI-151................................... Turenne Livestock Market, Thorpe, April 29, 2010.
Wisconsin.
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Authority: 7 U.S.C. 202.
Larry Mitchell,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2013-00689 Filed 1-14-13; 8:45 am]
BILLING CODE 3410-KD-P