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 Department of Agriculture Grain Inspection, Packers and Stockyards Administration
 AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
 ACTION: Notice and request for comments.
 SUMMARY: The Grain Inspection, Packers and Stockyards Administration (GIPSA) is taking several actions to post and depost stockyards under the Packers and Stockyards Act (P&S Act). Specifically, we are proposing that 23 stockyards now operating subject to the P&S Act be posted. We are posting 12 stockyards that were identified previously as operating subject to the Act. Eleven other facilities, however, were not posted because they were found to be abandoned or no longer functioning as a stockyard and no longer operating subject to the P&S Act. Finally, we are deposting 19 stockyards that can no longer be used as stockyards.
 DATES: For the proposed posting of stockyards, we will consider comments that we receive by May 5, 2009. For the deposted stockyards, the deposting is effective on April 20, 2009.
 ADDRESSES: We invite you to submit comments on this notice. You may submit comments by any of the following methods: *E-Mail: comments.gipsa@usda.gov.*
                    *Mail:*
                         H. Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1654-S, Washington, DC 20250-3604.
                    *Fax:*
                         (202) 690-2755.
                    *Hand Delivery or Courier:*
                         H. Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1654-S, Washington, DC 20250-3604.
                    *Internet:*
                         Go to 
                        *http://www.regulations.gov.*
                         Follow the on-line instructions for submitting comments.


SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards Administration (GIPSA) 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 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 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 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 deposts 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 Act, and therefore cannot be posted. A posted stockyard can be deposted, which occurs when the facility is no longer used as a stockyard. We are hereby notifying stockyard owners and the public that the following 23 stockyards meet the definition of a stockyard, and that we propose to designate these stockyards as posted stockyards. Proposed facility no.
Stockyard name and locationAL-197
Screamer 5L Auction, Abberville, Alabama.AR-182
R. Tucker, LLC, dba Madison County Livestock Auction, Inc., Huntsville, Arkansas.KS-209
Lyon County Livestock Sales & Services, LLC, dba Admire Livestock Auction, Admire, Kansas.KY-182
Cattlemen's Livestock Market, LLC, Rockfield, Kentucky.KY-183
Mill's 31-E Auction Center, Scottsville, Kentucky.KY-184
Blue Grass South Livestock Market, LLC, Stanford, Kentucky.MI-151
Tom Moore Sales, Onsted, Michigan.MI-152
United Producers, Inc., St. Louis, Michigan.MI-153
United Producers, Inc., Manchester, Michigan.MI-154
United Producers, Inc., Cass City, Michigan.NC-178
Taylorsville Lions Club Alexander County Fair, Taylorsville, North Carolina.NC-179
Edward Johnson Auctioneers, Inc., dba Johnson's Cattle Auction, Canton, North Carolina.NM-124
Cow House Auction, Kirtland, New Mexico.OH-153
Larue Horse Sale, LLC, LaRue, Ohio.OK-215
Old Goat Enterprises, LLC, dba Countryside Auction, Chandler, Oklahoma.TN-200
Longhorn Auction Company and Livestock Sales, Mountain City, Tennessee.TN-201
James Linville, dba Scotts Hill Stockyard, Scotts Hill, Tennessee.TN-202
Tennessee Livestock Producers, Inc., Columbia, Tennessee.TX-351
Great Western Auctions, LLC, Magnolia, Texas.TX-352
Texas Cattle Exchange, Inc., Eastland, Texas.TX-353
Elkhart Horse Center, Elkhart, Texas.TX-354
Marion County Stockyards, Jefferson, Texas.VA-164
Victoria Livestock Market, Victoria, Virginia.
 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 that we have posted the stockyards. On March 26, 2008, we published a notice in the 
                    **Federal 
                        ( print page 17946)
                        Register**
                     (70 FR 15969-15970) of our proposal to post these 12 stockyards. Since we received no comments to our proposal, we have now assigned the stockyards a facility number, notified the owner of the stockyard facilities, and sent notices to the owner of the stockyard to be displayed in public areas of the stockyard. The table below reflects the date of posting for each stockyard. Facility No.
Stockyard name and location
Date of postingAL-196
Clay County Goat & Poultry Auction, Goodwater, Alabama
July 11, 2008.AR-172
G.P. Rivers, dba Rivers Horse Center, Lewisville, Arkansas
July 21, 2008.AR-180
King Livestock Goat and Sheep Auction, North Lonoke, Arkansas
July 16, 2008.CO-156
Western Slope Cattlemen's Livestock Auction, LLC, Loma, Colorado
July 11, 2008.GA-231
Thomas County Stockyards, Inc., Thomasville, Georgia
July 7, 2008.MS-176
Cuevas Auction, Picayune, Mississippi
July 10, 2008.NY-176
Howard W. Visscher, Hilltop Dairy Auction, Savannah, New York
July 16, 2008.SC-162
Claxton's Auction Co., LLC, Ruffin, South Carolina
July 16, 2008.TN-197
Jimmy Brown, dba JB Livestock Auction, Gleason, Tennessee
July 16, 2008.TN-198
Wallace P. Mitchell, dba Mitchell's Trade Center & Auctions, Inc., Castalian Springs, Tennessee
July 21, 2008.TX-350
Hereford Livestock Exchange, Hereford, Texas
July 11, 2008.VA-148
Blythe Livestock, LLC, Courtland, Virginia
July 15, 2008.
 We are further notifying the public that the following facilities, which met the definition of a stockyard previously, were not posted. We published notices proposing to post these 11 stockyards in the 
                    **Federal Register**
                     on July 25, 2005, (70 FR 42532-42533); April 5, 2006 (71 FR 17071-17072); and March 26, 2008, (73 FR 15969-15970) respectively, however, the facilities were not posted because they no longer meet the definition of a stockyard. The facilities were either abandoned or underwent a change such that they no longer function as stockyards. Proposed facility No.
Facility name and locationAL-195
R&S Auctions, Clayton, Alabama.AR-178
B-B Livestock Auction & Sales, Inc., Beebe, Arkansas.FL-138
Col. Jerry Colvin, dba C.J. Auctions, Lamont, Florida.IN-167
Northern Indiana Collection Point, LLC, Shipshewana, Indiana.KY-180
Southern Kentucky Livestock Market, Inc., Rockfield, Kentucky.KY-181
Wigwam Livestock Market, Inc., Horse Cave, Kentucky.MO-288
CRS Sales, LLC, Highlandville, Missouri.TN-196
Country Horse Sales, LLC, Westmoreland, Tennessee.TN-199
Middle Tennessee Sheep and Goat Sale, LLC, Dickson, Tennessee.WI-150
Turenne Livestock Market, Thorp, Wisconsin.WV-120
Meadow View Farm, Thornton, West, Virginia.
 Finally, we are notifying the public that the following 19 stockyards no longer meet the definition of a stockyard and they are being deposted. We depost stockyards when the facility can no longer be used as a stockyard. The reasons a facility can no longer be used as a stockyard may include the following: (1) The market agency has moved and the posted facility is abandoned; (2) the facility has been torn down or otherwise destroyed, such as by fire; (3) the facility is dilapidated beyond repair; or (4) the facility has been converted and its function has changed. Facility No.
Stockyard name and location
Date postedAR-105
B-B Livestock Sales, Incorporated
February 16, 1959.AR-131
Morrilton Livestock Auction, Morrilton, Arkansas
September 30, 1959.AZ-116
Arizona Livestock Auction, Inc., Phoenix, Arizona
May 13, 1997.CO-152
Garfield Livestock Market, Inc., Silt, Colorado
February 25, 1986.ID-114
Custer County Livestock Marketing Association, Inc., MacKay, Idaho
August 22, 1961.KS-108
Cedar Vale Sale Barn, Inc., Cedar Vale, Kansas
May 26, 1959.KS-113
Coldwater Livestock Sales Co., Inc., Coldwater, Kansas
April 12, 1950.KS-137
Great Bend Livestock Sales, Inc., Great Bend, Kansas
April 18, 1950.KS-145
Hutchinson Livestock Commission Co., Inc., Hutchinson, Kansas
April 10, 1950.KS-169
Onaga Livestock Auction, Inc., Wheaton, Kansas
May 27, 1959.KS-172
Franklin County Livestock Commission Co., Ottawa, Kansas
February 12, 1963.KS-186
Smith Center Livestock Auction, Smith Center, Kansas
October 23, 1957.MO-100
South Central Stockyards, LLC, Alton, Missouri
April 21, 1960.MO-152
Licking Livestock Auction, Licking, Missouri
May 15, 1959.TX-280
Weatherford Stockyards Company, Mineral Wells, Texas
August 12, 1960.UT-112
Spanish Fork Livestock Auction, Co., Spanish Fork, Utah
October 24, 1959.VA-133
Smithfield Livestock, Inc., Smithfield, Virginia
March 9, 1959.VA-144
Abingdon Stockyard Exchange, Inc., dba Wytheville Stockyard, Wytheville, Virginia
March 4, 1959.VA-149
Central Virginia Livestock Market, Inc., Amherst, Virginia
April 13, 1976.
 
 
 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. Alan R. Christian, Acting Administrator, Grain Inspection, Packers and Stockyards Administration.


[FR Doc. E9-9012 Filed 4-17-09; 8:45 am] BILLING CODE 3410-KD-P