Federal Register: January 23, 2007 (Volume 72, Number 14)
DOCID: fr23ja07-19 FR Doc 07-257
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
NOTICE: NOTICES
DOCID: fr23ja07-19
ACTION: Stockyards; posting and deposting:
DOCUMENT ACTION: Notice and request for comments.
SUBJECT CATEGORY:
Proposed Posting, Posting, and Deposting of Stockyards
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.
DOCUMENT 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.
SUMMARY:
4/W Horse Sales et al.,
SUPPLEMENTAL INFORMATION
The Grain Inspection, Packers and Stockyards Administration (GIPSA) administers and enforces the Packers and Stockyards Act of 1921, (7 U.S.C. 181229) (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. 201203 and 205217a) 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
AL193................................. Tim White d.b.a. 4/W Horse
Sales, Huntsville, Alabama.
AL194................................. Coffee County Stockyard, LLC,
New Brockton, Alabama.
AR178................................. BB Livestock Auction & Sales,
Inc., Beebe, Arkansas.
AR179................................. Buddy Guyot d.b.a. Beebe
Livestock Auction, Beebe, Arkansas.
GA230................................. Frank Ray Harris d.b.a. Harris
Goat 'N Sheep Auction,
Taylorsville, Georgia.
KY180................................. Southern Kentucky Livestock
Market, Inc., Rockfield, Kentucky.
[[Page 2854]]
KY181................................. Wigwam Livestock Market, Inc.,
Horse Cave, Kentucky.
MO287................................. Springfield Livestock Marketing
Center, LLC, Springfield, Missouri.
PA162................................. John H. Wetmore, Honesdale, Pennsylvania.
SD171................................. SFRL, Inc., d.b.a. Sioux Falls
Regional Livestock, Worthing, South Dakota.
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 4059740598, 70 FR 4253242533, and 71 FR
1707117072, 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. Stockyard name and
Facility number location Date of posting
FL139........................ Arcadia Stockyard, May 3, 2006. Arcadia, Florida.
GA228........................ Triple R Ranch, June 27, 2006. Lavonia, Georgia.
GA229........................ Red Barn Livestock August 22, 2006. Auction, Inc.,
Sylvester, Georgia.
LA147........................ Hays Brothers May 11, 2006 Livestock Market,
LLC, Arcadia,
Louisiana.
MO286........................ Miller County Regional May 23, 2006. Stockyards, Eldon,
Missouri.
NC177........................ Cliffside Horse October 6, 2006. Auction, Mooresboro,
North Carolina.
NY174........................ Woods Auction Service, May 4, 2006. Cincinnatus, New York.
PA160........................ Beach's Dairy Auction, May 30, 2006. Martinsburg,
Pennsylvania.
PA161........................ Jonas Lee Fisher & October 19,
Jacob B. Fisher 2006. d.b.a. Fisher's
Quality Dairy Sales,
Ronks, Pennsylvania.
TX348........................ Grimes County May 8, 2006. Stockyards, LLC,
Navasota, Texas.
WI148........................ Milwaukee Stockyards, July 24, 2006. LLC, Reeseville,
Wisconsin.
WI149........................ Horst Stables, LLC, July 15, 2006. Thorp, Wisconsin.
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 4253242533 and
71 FR 1707117072, 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
AR177................................. Morrilton Horse Sale,
Morrilton, Arkansas.
GA227................................. Friendship Farm Livestock
Auction, Bartow, Georgia.
IN168................................. Hardinsburg Horse Sales,
Hardinsburg, Indiana.
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
ID118........................ Rexburg Livestock April 3, 1950. Company, Rexburg,
Idaho.
WA112........................ Marysville Livestock February 27,
Auction, Inc., 1962. Marysville,
Washington.
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. 07257 Filed 12207; 8:45 am]
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