Fair and Competitive Livestock and Poultry Markets, 4679 [2025-00534]

Download as PDF 4679 Proposed Rules Federal Register Vol. 90, No. 10 Thursday, January 16, 2025 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 9 CFR Part 201 [Doc. No. AMS–FTPP–21–0046] RIN 0581–AE04 Fair and Competitive Livestock and Poultry Markets Agricultural Marketing Service, Department of Agriculture. ACTION: Withdrawal of proposed rulemaking and termination of rulemaking proceeding. AGENCY: The United States Department of Agriculture’s (‘‘USDA’’ or ‘‘the Department’’) Agricultural Marketing Service (‘‘AMS’’ or ‘‘the Agency’’) is withdrawing a notice of proposed rulemaking, the ‘‘Fair and Competitive Livestock and Poultry Markets’’ proposed rule. ADDRESSES: Packers and Stockyards Division, USDA, AMS, FTPP; Room 2097–S, Mail Stop 3601, 1400 Independence Ave. SW, Washington, DC 20250–3601. DATES: The proposed rule published on June 28, 2024, 89 FR 53886, is withdrawn on January 16, 2025. FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Chief Legal Officer/Policy Advisor, Packers and Stockyards Division, USDA AMS Fair Trade Practices Program, 1400 Independence Ave. SW, Washington, DC 20250; Phone: (202) 690–4355; or email: s.brett.offutt@usda.gov. SUPPLEMENTARY INFORMATION: On June 28, 2024, AMS published the proposed rule entitled, ‘‘Fair and Competitive Livestock and Poultry Markets,’’ which sought to amend 9 CFR part 201 by adding § 201.308, ‘‘Unfair practices and devices,’’ to specify general practices that are unfair and in violation of section 202(a) of the Packers and Stockyards Act, 1921 (‘‘P&S Act’’). The proposed rule defined unfair conduct to include harms to market participants ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:25 Jan 15, 2025 Jkt 265001 and harms to the market. Regarding harm to market participants, proposed § 201.308(a) defined unfair practices with respect to market participants and proposed § 201.308(b) set forth standards for assessing whether an allegedly unfair practice under proposed § 201.308(a) causes or was likely to cause substantial injury with respect to market participants. Regarding harm to markets, proposed § 201.308(c) set standards for the unfair practices with respect to markets and competition and proposed § 201.308(d) set forth standards for assessing whether a practice poses or was likely to pose a threat to competition under proposed paragraph (c). AMS received 13,241 public comments (some single comments including hundreds of signatories) on the proposed rule during the 75-day comment period, which closed on September 11, 2024. Of the comments received, 352 submissions were unique and 12,889 were part of several form letter campaigns. These comments were submitted or signed by producers, processors, industry trade organizations, farmers’ coalitions, advocacy organizations, government entities, and a variety of other interested parties. Topics that garnered considerable attention in the comments—positive and negative—included questions of legality and authority surrounding the proposed rule, potential impacts to the market and market participants, potential economic impacts of the proposed rule, potential changes to and ramifications of legitimate business justifications, and countervailing benefits. Withdrawal of the Notice of Proposed Rulemaking and Termination of the Rulemaking Proceeding While AMS continues to support the intent and purpose of the proposed rule to increase competition and clarify the unfair practices prohibited under the P&S Act, based on the considerable feedback we received through the public comment process, we have determined it appropriate to withdraw the proposed rule. AMS believes that withdrawing the rule both preserves its ability to reexamine these important issues in the future and enables the Agency to explore with stakeholders regarding how best to implement the requirements of the P&S Act. PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Although this proposal is being withdrawn, AMS continues to support the intent and purpose of the proposed rule. Notably, the Department is not withdrawing this proposed rule and terminating this rulemaking proceeding based upon a change in agency interpretation of its authority under section 202(a) or 407 of the P&S Act. Nor should the withdrawal of this proposed rule be read to affect any other existing legal requirements or policies of the Department. This withdrawal action does not affect AMS’ ongoing application of existing statutory and regulatory requirements or its responsibility to faithfully administer the P&S Act on a case-by-case basis. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2025–00534 Filed 1–15–25; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2024–2453; Airspace Docket No. 24–ANE–8] RIN 2120–AA66 Establishment of Class E Airspace; North Conway, NH Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to establish Class E airspace extending upward from 700 feet above the surface for Memorial Hospital Heliport, North Conway, NH. This action would accommodate a new instrument approach procedure for Memorial Hospital Heliport, North Conway, NH. DATES: Comments must be received on or before March 3, 2025. ADDRESSES: Send comments identified by FAA Docket No. FAA–2024–2453 and Airspace Docket No. 24–ANE–8 using any of the following methods: * Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instructions for sending your comments electronically. * Mail: Docket Operations, M–30; U.S. Department of Transportation, 1200 SUMMARY: E:\FR\FM\16JAP1.SGM 16JAP1

Agencies

[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Proposed Rules]
[Page 4679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00534]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / 
Proposed Rules

[[Page 4679]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

9 CFR Part 201

[Doc. No. AMS-FTPP-21-0046]
RIN 0581-AE04


Fair and Competitive Livestock and Poultry Markets

AGENCY: Agricultural Marketing Service, Department of Agriculture.

ACTION: Withdrawal of proposed rulemaking and termination of rulemaking 
proceeding.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Agriculture's (``USDA'' or 
``the Department'') Agricultural Marketing Service (``AMS'' or ``the 
Agency'') is withdrawing a notice of proposed rulemaking, the ``Fair 
and Competitive Livestock and Poultry Markets'' proposed rule.

ADDRESSES: Packers and Stockyards Division, USDA, AMS, FTPP; Room 2097-
S, Mail Stop 3601, 1400 Independence Ave. SW, Washington, DC 20250-
3601.

DATES: The proposed rule published on June 28, 2024, 89 FR 53886, is 
withdrawn on January 16, 2025.

FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Chief Legal Officer/
Policy Advisor, Packers and Stockyards Division, USDA AMS Fair Trade 
Practices Program, 1400 Independence Ave. SW, Washington, DC 20250; 
Phone: (202) 690-4355; or email: [email protected].

SUPPLEMENTARY INFORMATION: On June 28, 2024, AMS published the proposed 
rule entitled, ``Fair and Competitive Livestock and Poultry Markets,'' 
which sought to amend 9 CFR part 201 by adding Sec.  201.308, ``Unfair 
practices and devices,'' to specify general practices that are unfair 
and in violation of section 202(a) of the Packers and Stockyards Act, 
1921 (``P&S Act''). The proposed rule defined unfair conduct to include 
harms to market participants and harms to the market. Regarding harm to 
market participants, proposed Sec.  201.308(a) defined unfair practices 
with respect to market participants and proposed Sec.  201.308(b) set 
forth standards for assessing whether an allegedly unfair practice 
under proposed Sec.  201.308(a) causes or was likely to cause 
substantial injury with respect to market participants. Regarding harm 
to markets, proposed Sec.  201.308(c) set standards for the unfair 
practices with respect to markets and competition and proposed Sec.  
201.308(d) set forth standards for assessing whether a practice poses 
or was likely to pose a threat to competition under proposed paragraph 
(c).
    AMS received 13,241 public comments (some single comments including 
hundreds of signatories) on the proposed rule during the 75-day comment 
period, which closed on September 11, 2024. Of the comments received, 
352 submissions were unique and 12,889 were part of several form letter 
campaigns. These comments were submitted or signed by producers, 
processors, industry trade organizations, farmers' coalitions, advocacy 
organizations, government entities, and a variety of other interested 
parties. Topics that garnered considerable attention in the comments--
positive and negative--included questions of legality and authority 
surrounding the proposed rule, potential impacts to the market and 
market participants, potential economic impacts of the proposed rule, 
potential changes to and ramifications of legitimate business 
justifications, and countervailing benefits.

Withdrawal of the Notice of Proposed Rulemaking and Termination of the 
Rulemaking Proceeding

    While AMS continues to support the intent and purpose of the 
proposed rule to increase competition and clarify the unfair practices 
prohibited under the P&S Act, based on the considerable feedback we 
received through the public comment process, we have determined it 
appropriate to withdraw the proposed rule. AMS believes that 
withdrawing the rule both preserves its ability to re-examine these 
important issues in the future and enables the Agency to explore with 
stakeholders regarding how best to implement the requirements of the 
P&S Act.
    Although this proposal is being withdrawn, AMS continues to support 
the intent and purpose of the proposed rule. Notably, the Department is 
not withdrawing this proposed rule and terminating this rulemaking 
proceeding based upon a change in agency interpretation of its 
authority under section 202(a) or 407 of the P&S Act. Nor should the 
withdrawal of this proposed rule be read to affect any other existing 
legal requirements or policies of the Department. This withdrawal 
action does not affect AMS' ongoing application of existing statutory 
and regulatory requirements or its responsibility to faithfully 
administer the P&S Act on a case-by-case basis.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2025-00534 Filed 1-15-25; 8:45 am]
BILLING CODE P


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