[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78718-78719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25248]


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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. 88, No. 220 / Thursday, November 16, 2023 / 
Notices  

[[Page 78718]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FTPP-23-0008]


Proposed Posting and Posting of Stockyards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) is taking action to 
post stockyards under the Packers and Stockyards Act (P&S Act). 
Specifically, we are proposing that 15 stockyards now operating subject 
to the P&S Act be posted. Also, we are posting 10 stockyards that were 
identified previously as operating subject to the P&S Act. We 
determined that the stockyards meet the definition of a stockyard under 
the P&S Act and, therefore, they have been posted.

DATES: For the proposed posting of stockyards, comments received on or 
before December 18, 2023 will be considered.

ADDRESSES: Interested persons are invited to submit comments concerning 
this notice. Comments may be submitted by any of the following methods:
     Internet: Go to https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
     Fax: (202) 690-3207.
     Mail, hand delivery, or courier: Dora Malykin, USDA, AMS, 
1400 Independence Avenue SW, Room 2097-S, Washington, DC 20250-3601.
    Instructions: All comments should reference the document number and 
the date and page number of this issue of the Federal Register. All 
comments submitted in response to this notice will be included in the 
record and will be made available for public inspection. Please be 
advised that the identity of the individuals or entities submitting 
comments will be made public on the internet at the address provided 
above.

FOR FURTHER INFORMATION CONTACT: Donna A. Ash, Marketing Specialist, 
AMS, Packers, and Stockyards Division; Telephone: (202) 720-0222 or 
Email: [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(a) of the P&S Act (7 U.S.C. 202(a)) 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 (7 U.S.C. 202(b)) 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 15 stockyards meet the P&S Act's definition of a stockyard 
and that we propose to designate these stockyards as posted stockyards.

------------------------------------------------------------------------
        Proposed facility No.             Stockyard name and location
------------------------------------------------------------------------
AL-198...............................  Rocking L Horse Sales LLC, Mount
                                        Hope, Alabama.
AL-199...............................  Dennis Horse Sales, Audalusia,
                                        Alabama.
AR-185...............................  Hilltop Acres Goat & Sheep
                                        Auction, LLC, Romance, Arkansas.
AR-186...............................  Johnny Smith Livestock,
                                        Plumerville, Arkansas.
GA-238...............................  Southern Blitz/Heart of Dixie
                                        Boer Goat Sale, Harlem, Georgia.
IN-169...............................  Monroe Livestock Auction, LLC,
                                        Monroe, Indiana.
MO-290...............................  Show Me Horse Sale, Barnett,
                                        Missouri.
MO-292...............................  Lord S Nemo Auction, Kirksville,
                                        Missouri.
MO-291...............................  Owensville Auction LLC,
                                        Owensville, Missouri.
MD-121...............................  Wolfe Agricultural Actions, Inc.,
                                        Thurmont, Maryland.
NY-180...............................  Lakeview Sales Barn, Penn Yan,
                                        New York.
OH-161...............................  BLT Livestock, Inc., Maryville,
                                        Ohio.
OK-226...............................  D&D Auction Barn, LLC, Gans,
                                        Oklahoma.
TN-219...............................  Prestige Horse Sales, LLC,
                                        Shelbyville, Tennessee.
VA-165...............................  Cedar Grove Auctions, Charlotte,
                                        Virginia.
------------------------------------------------------------------------


[[Page 78719]]

    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 May 14, 2020, we 
published a notice in the Federal Register (85 FR 28928) proposing to 
post these 10 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.

------------------------------------------------------------------------
                                   Stockyard name and         Date of
         Facility No.                   location              posting
------------------------------------------------------------------------
NY-178.......................  Davis Livestock Sales,         07/15/2020
                                Inc., Gouverneur, New
                                York.
NY-179.......................  Argyle Livestock Station,      07/15/2020
                                LLC, Argyle, New York.
OK-266.......................  Geary Livestock Market,        07/15/2020
                                LLC, Geary, Oklahoma.
OK-227.......................  McDaniel Livestock             07/15/2020
                                Exchange LLC, Valliant,
                                Oklahoma.
TX-358.......................  Mort Livestock Exchange,       07/16/2020
                                Canton, Texas.
TX-359.......................  Amarillo West Stockyards       07/16/2020
                                LLC, Wildorado, Texas.
PA-164.......................  Double E. Auction Service      07/16/2020
                                LLC, Quarryville,
                                Pennsylvania.
KY-190.......................  Triple C. Auctions,            07/17/2020
                                Ewing, Kentucky.
FL-141.......................  Cattleman's Market of          07/15/2020
                                Okeechobee LLC,
                                Okeechobee, Florida.
ND-134.......................  Bismarck Livestock             07/15/2020
                                Auction, LLC, Bismarck,
                                North Dakota.
------------------------------------------------------------------------

    Authority: 7 U.S.C. 202.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-25248 Filed 11-15-23; 8:45 am]
BILLING CODE 3410-02-P