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.

Proposed Rules Federal Register

4679 

Vol. 90, No. 10 

Thursday, January 16, 2025 

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withdrawn on January 16, 2025.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: 

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 

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. 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: 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 


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