[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26641-26642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12014]


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 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 
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  Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / 
Notices  

[[Page 26641]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket number AMS-FTPP 19-0030]


Proposed Posting, Posting, and De-posting of Stockyards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: The Agricultural Marketing Service (AMS), USDA, is taking 
several actions to post and de-post stockyards under the Packers and 
Stockyards Act (P&S Act). Specifically, we are proposing that 10 
stockyards now operating subject to the P&S Act be posted. We are also 
posting six stockyards that were identified previously as operating 
subject to the P&S Act and de-posting two stockyards that no longer 
meet the definition of a stockyard.

DATES: For the proposed posting of stockyards, we will consider 
comments that we receive on or before June 24, 2019.

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 on-
line instructions for submitting comments.
     Fax: (202) 690-3207.
     Mail, hand delivery, or courier: Stuart Frank, USDA, AMS, 
1400 Independence Avenue SW, Room 2507-S, Washington, DC 20250-3601.
    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: Donna A. Ash, Program Analyst, AMS, 
Packers and Stockyards Division at (202) 720-0222 or 
[email protected].

SUPPLEMENTARY INFORMATION: AMS 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, ``. . . 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 de-posts 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 ``de-posted,'' which occurs when the facility is no 
longer used as a stockyard.
    We are hereby notifying 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.

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            Proposed facility No.                                 Stockyard name and location
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KS-210......................................  Hill City Commission, LLC, Hill City, Kansas.
KY-189......................................  Blue Grass Stockyards, LLC, Lexington, Kentucky.
KY-190......................................  Franklin Livestock Market Inc. Franklin, Kentucky.
MN-194......................................  Heidelberger Farm Equipment, LLC, Pine City, Minnesota.
NE-189......................................  Chappell Livestock LLC, Chappell, Nebraska.
NM-125......................................  Santa Teresa Livestock Auction LLC, Santa Teresa, New Mexico.
OK-222......................................  Heart & Soul Horse Co. Sallisaw Oklahoma.
OK-223......................................  Hinz Auction Land and Cattle, LLC, Clinton, Oklahoma.
OK-225......................................  C.M.S. Livestock Auction, LLC, Wanette, Oklahoma.
VA-163......................................  Alex Eugene Dill Hollering Hill Auction LLC, Nathalie, Virginia.
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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 
therefore, we have posted these stockyards. On September 5, 2017, we 
published a notice in the Federal Register (82 FR 41909) proposing to 
post these six stockyards. Since we received no comments to our 
proposal, we assigned the stockyards a facility number and notified the 
owners of the stockyard facilities. Posting notices were sent to each 
stockyard owner to display in public areas of their stockyard. The 
table below reflects the date of posting for these stockyards.

[[Page 26642]]



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                                                                                                      Date of
                 Facility No.                              Stockyard name and location                Posting
----------------------------------------------------------------------------------------------------------------
FL-141........................................  Gulf Coast Livestock Six Shooter Investment           10/04/2018
                                                 Group, LLC, Madison, Florida.
SC-165........................................  Willietakeit Auctions, Pelzer, South Carolina...      08/14/2018
MS-182........................................  Trade Day Auction, Philadelphia, Mississippi....      08/08/2018
OK-220........................................  Daniel's Hog and Goat Sale, Howe, Oklahoma......      08/06/2018
OK-219........................................  Watsons Auction Service, Maud, Oklahoma.........      08/06/2018
OK-221........................................  Glover Auction & Livestock, LLC, Lawton,              08/03/2018
                                                 Oklahoma.
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    Finally, we are notifying the public that the following two 
stockyards no longer meet the definition of a stockyard and are being 
de-posted. We de-post stockyards when the facility can no longer be 
used as a stockyard. The reasons a facility can no longer be used as a 
stockyard may include the following: (1) The market agency has moved 
and the posted facility is abandoned; (2) the facility has been torn 
down or otherwise destroyed, such as by fire; (3) the facility is 
dilapidated beyond repair; or (4) the facility has been converted and 
its function has changed.

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                                                                                                     Date  de-
                 Facility No.                              Stockyard name and location                posted
----------------------------------------------------------------------------------------------------------------
KY-125........................................  Blue Grass Stockyards to Blue Grass Stockyards,        9/18/2017
                                                 L.L.C., Lexington, KY.
MO-159........................................  United Producers, Inc., Marshall, Missouri......      12/17/2018
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    Authority: 7 U.S.C. 202.

    Dated: June 4, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-12014 Filed 6-6-19; 8:45 am]
 BILLING CODE 3410-02-P