04-15215. Proposed Posting, Posting, and Deposting of Stockyards

AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Notice and request for comments.

SUMMARY:

We propose to post nine stockyards. We have received information that the 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. We have posted 11 stockyards. We determined that the stockyards meet the definition of a stockyard under the Packers and Stockyards Act and, therefore, needed to be posted. We are also deposting one stockyard. This facility can no longer be used as a stockyard and, therefore, is no longer required to be posted.

DATES:

For the proposed posting of stockyards, we will consider comments that we receive by July 21, 2004.

For the deposted stockyard, the deposting is effective on July 6, 2004.

ADDRESSES:

We invite you to submit comments on this notice. You may submit comments by any of the following methods:

• E-mail: Send comments via electronic mail to [e-mail].
• Mail: Send hardcopy written comments to Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 20250-3604.
• Fax: Send comments by facsimile transmission to: [phone].
• Hand Delivery or Courier: Deliver comments to: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 20250-3604.

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 will be 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.

This document notifies the stockyard owners and the public that the following nine stockyards meet the definition of stockyard and that we propose to designate the stockyards as posted stockyards.

Facility No.	Stockyard name and location
AL-192	Mid State Stockyards, LLP, Letohatchee, Alabama.
CA-192	Red Ryder Ranch, Lancaster, California
KY-178	Wig Wam Livestock Market, Inc., Horse Cave, Kentucky.
OK-214	4 B Auction Company, Ada, Oklahoma.
MS-175	West Point Stockyard, West Point, Mississippi.
PA-160	Beach's Dairy Auction, Martinsburg, Pennsylvania.
SC-160	Martin & Martin Cattle, Inc., Williamston, South Carolina.
TN-194	Starr Mountain Auction, Etowah, Tennessee.
TX-347	Tri-County Commission Company, Santo, Texas.

This document also notifies the public that the following 11 stockyards meet the definition of stockyard and that we have posted the stockyards. We published notices proposing to post the 11 stockyards on September 13, 2000, August 25, 2003, and November 7, 2003 (65 FR 55217, 68 FR 51005, and 68 FR 63055-63056, respectively). We received no comments in response to any of these proposed posting notices. To post stockyards, 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.

Facility number	Stockyard name and location	Date of posting
CA-190	Tulare Sales Yard, Inc., Tulare, California	November 5, 2003.
CA-191	B and B Livestock Auction, Madera, California	November 5, 2003.
MN-193	Fergus Falls Livestock Auction Market, Fergus Falls, Minnesota	November 28, 2003.
MS-174	Solomon's Horse Sale, Belmont, Mississippi	March 17, 2004.
MO-283	Cameron Livestock Sales, Warrensburg, Missouri	December 4, 2003.
MO-284	Southwest City Livestock Auction, L.L.C., Southwest City, Missouri	November 29, 2003.
MO-285	Gainesville Livestock Auction, Inc., Gainesville, Missouri	March 15, 2004.
OK-212	Perkins Livestock Sales, Inc., Perkins, Oklahoma	January 21, 2004.
OK-213	Bakers Auction, Butler, Oklahoma	November 21, 2003.
TX-346	Shamrock Livestock Commission, Shamrock, Texas	November 3, 2003.
VA 161	Wythe County Livestock Exchange, L.L.C. Wytheville, Virginia	April 1, 2004.

Additionally, this document notifies the public that the following one stockyard no longer meets the definition of stockyard and that we are deposting the facility. 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.

Facility No.	Stockyard name and location	Date posted
PA-159	Troy Sales, Troy, Pennsylvania	September 17, 1997

Effective Date

This deposting 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.

Dated:

Donna Reifschneider,

Administrator, Grain Inspection, Packers and Stockyards Administration.