03-21665. Proposed Posting of Stockyards

AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Notice and request for comments.

SUMMARY:

We propose to post 10 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.

DATES:

We will consider comments that we receive by September 9, 2003.

ADDRESSES:

Send comments via electronic mail to [e-mail]. Send hardcopy written comments to Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 20250-3604, or fax to [phone]. All comments should make reference to the date and page number of this issue of the Federal Register, and will be available for public inspection in the above office during regular business hours (7 CFR 1.27(b)).

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 Packers and Stockyards 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 10 stockyards meet the definition of stockyard and that we propose to designate the stockyards as posted stockyards.

Facility No.	Stockyard name and location
CA-190	Tulare Sales Yard, Inc., Tulare, California.
CA-191	B and B Livestock Auction, Madera, California.
MN-193	Fergus Falls Livestock Auction Market, Fergus Falls, Minnesota.
MO-283	Cameron Livestock Sales, Warrensburg, Missouri.
MO-284	Southwest City Livestock Auction, L.L.C., Southwest City, Missouri.
MS-174	Solomon's Horse Sale, Belmont, Mississippi.
NY-174	Woods Auction Service, Cincinnatus, New York.
OK-213	Bakers Auction, Butler, Oklahoma.
TX-346	Shamrock Livestock Commission, Shamrock, Texas.
VA-161	Wythe County Livestock Exchange, L.L.C., Wytheville, Virginia.

Authority: 7 U.S.C. 202.

Dated: August 20, 2003.

Donna Reifschneider,

Administrator, Grain Inspection, Packers and Stockyards Administration.