05-7015. Deposting of Stockyards

AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Notice.

SUMMARY:

We are deposting 21 stockyards. These facilities can no longer be used as stockyards and, therefore, are no longer required to be posted.

EFFECTIVE DATE:

April 8, 2005.

SUPPLEMENTARY INFORMATION:

The Grain Inspection, Packers and Stockyards Administration (GIPSA) administers and enforces the Packers and Stockyards Act of 1921, as amended and supplemented (7 U.S.C. 181-229) (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 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.

We depost a stockyard 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 facility has been 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.

This document notifies the public that the following 21 stockyards no longer meet the definition of stockyard and that we are deposting the facilities.

Facility No.	Stockyard name and location	Date posted
CA-102	Atwater Livestock Auction, Atwater, California	October 1, 1959.
IL-107	Kankakee Livestock Company, Bourbonnais, Illinois	November 17, 1959.
IL-134	St. Louis National Stock Yards, National Stockyards, Illinois	November 1, 1921.
IL-146	Pittsfield Community Sale, Pittsfield, Illinois	November 17, 1959.
IL-172	Vienna Livestock, Vienna, Illinois	April 6, 1990.
KY-100	Twin Lakes Livestock Auction, Incorporated, Albany, Kentucky	December 9, 1959.
KY-101	Jolley's Feeder Pig Auction, Albany, Kentucky	May 8, 1968.
KY-154	Tompkinsville Livestock Auction, Inc., Tompkinsville, Kentucky	December 10, 1959.
KY-164	Walton Stockyards, Inc., Walton, Kentucky	August 22, 1979.
MI-130	Owosso Livestock Sales Company, Owosso, Michigan	April 22, 1959.
MN-107	Canby Livestock Auction, Canby, Minnesota	March 17,1960.
MN-116	Fergus Falls Livestock Exchange, Inc., Fergus Falls, Minnesota	November 12, 1959.
MN-146	Northern States Cattle and Hay Exchange, Inc., Sauk Centre, Minnesota	September 15, 1959.
MN-162	Southwestern Minnesota Livestock Sales Pavilion, Worthington, Minnesota	September 15, 1959.
MT-111	Kalispell Livestock Auction, Kalispell, Montana	December 13, 1965.
OH-106	Western Ohio Livestock Exchange, Celina, Ohio	June 10, 1959.
SC-135	Martin & Martin Cattle, Inc., Anderson, South Carolina	October 17, 1983.
WI-106	Equity Livestock Auction Market, Dodgeville, Wisconsin	October 24, 1961.
WI-107	Equity Livestock Auction Market, Ettrick, Wisconsin	April 14, 1971.
WI-122	Equity Livestock Auction Market, Ripon, Wisconsin	May 15, 1959.
WI-133	Equity Livestock Auction Market, Beetown, Wisconsin	February 4, 1976.

Effective Date

This notice is effective upon publication in the Federal Register because it relieves 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.

David Orr,

Acting Administrator, Grain Inspection, Packers and Stockyards Administration.