Fair and Competitive Livestock and Poultry Markets, 4679 [2025-00534]
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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withdrawn on January 16, 2025.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