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[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]

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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.

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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.

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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withdrawn on January 16, 2025.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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