[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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[[Page 2951]]

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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[[Page 2952]]

    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