Horseracing Integrity and Safety Authority Registration Rule Modification, 12839-12843 [2024-03301]
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Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices
Board of Governors of the Federal Reserve
System.
Erin Cayce,
Assistant Secretary of the Board.
[FR Doc. 2024–03397 Filed 2–16–24; 8:45 am]
BILLING CODE P
FEDERAL TRADE COMMISSION
[File No. P222100]
Horseracing Integrity and Safety
Authority Registration Rule
Modification
Federal Trade Commission.
Notice of Horseracing Integrity
and Safety Authority (HISA) proposed
rule modification; request for public
comment.
AGENCY:
ACTION:
As required by the
Horseracing Integrity and Safety Act of
2020, the Federal Trade Commission
publishes a proposed modification of
the Horseracing Integrity and Safety
Authority’s rules addressing horseracing
in the United States. The proposed rule
modification would amend the Rule
Series 9000 Registration Rules, which
establish the registration requirements
applicable to all Covered Horses,
Covered Persons, and Racetracks. This
document contains the Authority’s
proposed rule modification’s text and
explanation, and it seeks public
comment on whether the Commission
should approve the proposed rule
modification.
DATES: The Commission must approve
or disapprove the proposed
modification on or before April 22,
2024. If approved, the proposed rule
modification would be effective on July
1, 2024. Comments must be filed on or
before March 5, 2024.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the instructions in the
Comment Submissions part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘HISA Registration Rule
Modification’’ on your comment and file
your comment online at https://
www.regulations.gov by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Mail
Stop H–144 (Annex H), Washington, DC
20580.
FOR FURTHER INFORMATION CONTACT:
Sarah Botha (202–326–2036), Attorney
Advisor and Acting HISA Program
Manager, Office of the Executive
Director, Federal Trade Commission,
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SUMMARY:
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600 Pennsylvania Avenue NW,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The
Horseracing Integrity and Safety Act of
2020 1 (the ‘‘Act’’) recognizes a selfregulatory nonprofit organization, the
Horseracing Integrity and Safety
Authority (‘‘HISA’’ or the ‘‘Authority’’),
which is charged with developing
proposed rules on a variety of subjects.
Those proposed rules and later
proposed rule modifications take effect
only if approved by the Federal Trade
Commission.2 The proposed rules and
rule modifications must be published in
the Federal Register for public
comment.3 Thereafter, the Commission
has 60 days from the date of publication
to approve or disapprove the proposed
rule or rule modification.4
Pursuant to Section 3053(a) of the Act
and Commission Rule 1.142, notice is
hereby given that, on September 27,
2023, the Authority filed with the
Commission a proposed Registration
Rule modification and supporting
documentation as described in Items I,
II, III, IV, and IX below, which Items
have been prepared by the Authority.
The Office of the Secretary of the
Commission determined that the filing
complied with the Commission’s rule
governing such submissions.5 The
Commission is publishing this
document to solicit comments on the
proposed rule modification from
interested persons.
I. Self-Regulatory Organization’s
Statement of the Background, Purpose
of, and Statutory Basis for the Proposed
Rule Modification
a. Background and Purpose
The Act recognizes that the
establishment of a national set of
uniform standards for racetrack safety
and medication control will enhance the
safety and integrity of horseracing. On
April 25, 2022, the Authority filed with
the Commission the Rule 9000 Series,
which establishes the registration
requirements for Covered Persons and
Covered Horses. The Rule 9000 Series
was published in the Federal Register
on May 17, 2022,6 and approved by the
Commission by Order dated June 29,
2022.7
1 15
U.S.C. 3051 through 3060.
U.S.C. 3053(b)(2).
3 15 U.S.C. 3053(b)(1).
4 15 U.S.C. 3053(c)(1).
5 16 CFR 1.140 through 1.144; see also FTC,
Procedures for Submission of Rules Under the
Horseracing Integrity and Safety Act, 86 FR 54819
(Oct. 5, 2021).
6 See FTC, Notice of HISA Registration Proposed
Rule (‘‘Notice’’), 87 FR 29862 (May 17, 2022).
7 FTC, Order Approving the Registration Rule
Proposed by the Horseracing Integrity and Safety
2 15
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12839
The Authority now proposes
modifications to several provisions in
the Rule 9000 Series. This submission is
made in order to comply with the
Commission’s March 27, 2023 Order
that directed ‘‘the Authority to review
all of its existing rules (Racetrack Safety,
Assessment Methodology, Enforcement,
Registration, and ADMC) and submit
any proposed rule modifications to the
Commission by September 27, 2023.’’ 8
The Authority has reviewed all of its
existing rules and this submission is
filed in accordance with the March 27,
2023 Order. The modifications are
limited in scope and build upon the
registration system already in place. An
additional reason for proposing the rule
modification is to clarify and refine
various details in the Rule 9000 Series
Registration Rules in a manner that is
consistent with the Act. The
modifications are outlined in detail in
Section II of this Document. In general
terms, the modifications enhance and
refine the requirements and procedures
for the registration of Covered Persons,
Covered Horses, and Racetracks.
The safety and welfare of Covered
Horses will be affected and enhanced by
this rule modification because the
modifications will enable the Authority
to possess accurate and timely
information concerning Covered
Persons and Covered Horses. Covered
Persons will be affected by
modifications that alter slightly some of
the registration requirements, but the
requirements as altered are not
burdensome. The registration of
Covered Horses and Covered Persons,
including racetracks, furthers the
purpose of enhancing the safety,
welfare, and integrity of Covered
Persons and Covered Horses, and the
safe conduct of Covered Horseraces will
be affected and enhanced as a result. An
effective registration system provides
Covered Persons with the information
and guidance necessary to properly
register with the Authority, establishes
certain exemptions to registration,
requires that registration information be
updated as necessary, and provides for
the registration of Covered Horses. It
also requires that Covered Persons
provide and update their contact
information with the Authority, so that
the Authority may contact a Covered
Person quickly in order to address any
Authority (June 29, 2022), https://www.ftc.gov/
system/files/ftc_gov/pdf/P222100Commission
OrderRegistrationRuleFinal.pdf.
8 FTC, Order Approving the Anti-Doping and
Medication Control Rule Proposed by the
Horseracing Integrity and Safety Authority at 6
(Mar. 27, 2023), https://www.ftc.gov/system/files/
ftc_gov/pdf/P222100CommissionOrderAntiDoping
Medication.pdf.
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safety and welfare issues concerning
Covered Horses that may arise. The
proposed rule modification takes into
account the unique character of
horseracing and Covered Persons,
Covered Horseraces, and Covered
Horses that will be affected by the
proposed rule modification in similar
ways.
The modifications have been crafted
in the most precise manner possible to
resolve the minor problems and specific
issues that are outlined in Section II for
each modification. The modifications
are very tightly focused, and making
these changes did not require the
weighing of significant reasonable
alternatives. The modifications are
consistent with the Act because they
further the directive of 15 U.S.C.
3054(d), which requires the Authority to
establish a registration system for
Covered Persons. The Authority
incorporates by reference into this
modification the existing standards that
were set forth in the Notice of Filing of
Proposed Rule that originally
established the Rule 9000 Series and
that was submitted to the Commission
in the original filing of the Rule 9000
Series on April 25, 2022.9
On August 28, 2023, HISA
representatives shared the draft of the
Rule 9000 modifications with the
following interested stakeholders for
input: Racing Officials Accreditation
Program; Racing Medication and Testing
Consortium (Scientific Advisory
Committee); National Thoroughbred
Racing Association; The Jockey Club;
The Jockeys’ Guild; Thoroughbred
Racing Association; Arapahoe Park;
Rillito Downs; Thoroughbred Owners of
California; California Horse Racing
Board; Kentucky Racing Commission;
Delaware Racing Commission; Maryland
Racing Commission; National
Horsemen’s Benevolent and Protective
Association; Thoroughbred Horsemen’s
Association; Thoroughbred Owners and
Breeders Association; Kentucky
Thoroughbred Association; American
Association of Equine Practitioners;
American Veterinary Medical
Association; Stronach Racing Group (5
thoroughbred racetracks); Churchill
Downs (6 thoroughbred racetracks);
Breeders’ Cup; Keeneland; Del Mar; and
the Racing Operations Committee.
Additionally, on August 28, 2023, the
draft of the proposed modifications was
made available to the public for review
and comment on the HISA website at
https://hisaus.org/. No comments were
9 These standards are available as Exhibit A on
the docket for this publication at https://
www.regulations.gov.
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received regarding the Registration Rule
or the proposed rule modification.
With the review, input and ultimate
approval of the Authority’s Board of
Directors, the proposed rule
modification to the Rule 9000 Series
modifies and enhances the registration
rules. HISA submits herewith the
proposed rule modification for
Commission approval. As required by
15 U.S.C. 3053(c)(2), the rules are
consistent with the Act and the rules
approved by the Commission. Pursuant
to 16 CFR part 1, subpart S 1.142(a)(7),
the Authority proposed January 5, 2024,
as the date for the Federal Register to
publish this proposed rule modification.
b. Statutory Basis
The Horseracing Integrity and Safety
Act of 2020, 15 U.S.C. 3051 through
3060.
II. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Modification
The Authority’s Registration Rule was
guided by the purposes and objectives
of the Act, and in particular the Act’s
explicit directive in 15 U.S.C. 3054(d)(1)
that Covered Persons be required to
register with the Authority in
accordance with rules promulgated by
the Authority and approved by the
Commission. The Registration Rule
establishes the requirements and
procedures for the registration of
Covered Persons and Covered Horses.
Rule 9000(a) is modified to exempt
Owners having an ownership or
beneficial interest in a Covered Horse of
less than five (5) percent from
registration unless such owner is or
becomes a Responsible Person as
defined in Rule 2010. Many state racing
commissions exempt individuals who
own a small percentage of a horse from
licensure requirements. The Authority
has determined that the registration of
Owners having an ownership or
beneficial interest in a horse of less than
five (5) percent is not necessary for the
safety, welfare, and integrity of Covered
Persons and Covered Horses, and the
safe conduct of Covered Horseraces
unless the owner is or becomes the
Responsible Person. The remainder of
the modifications in Rule 9000(a) are
stylistic edits.
Currently, Rule 9000(b) requires that
a Covered Person provide a mobile
phone number or email address, or both
if available. The modification requires
an email address and a mobile phone
number, if the Covered Person possesses
a mobile phone. The Authority uses
email addresses to communicate with
Covered Persons. Quite simply, a
Covered Person needs to provide an
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email address so that the Covered
Person can receive communications
from the Authority. The remainder of
the modifications in Rule 9000(b) are
stylistic edits.
Rule 9000(d) is amended to require
that any Covered Person who registers
as a Veterinarian shall also provide the
name and contact information for any
clinic or practice that the Veterinarian is
associated with, along with the
Veterinarian’s state license number. The
information pertaining to the clinic
facilitates maintenance of and access to
veterinary records and will allow
trainers to identify a clinic by name
instead of a specific Veterinarian who
might change from visit to visit. The
state license number will allow the
Authority to check and verify the
Veterinarian’s status.
Rule 9000(e), which sets forth the
registration requirements for Racetracks,
is amended to add the following clause:
‘‘4. Any other information reasonably
required by the Authority to fulfill its
statutory duties under the Act.’’ This
clause is already included in the
Registration Rule for Covered Horses
and Covered Persons but was
inadvertently omitted in the
Registration Rule relating to Racetracks.
The remainder of the modifications in
Rules 9000(e), 9000(f) and 9000(g) are
stylistic edits.
Rule 9000(h) was moved to Rule
9000(i) since it should more properly be
located at the end of the rule series; it
prescribes the general requirements to
provide complete and accurate
information and to report any material
changes to the information and
establishes penalties for failure to
comply with the registration rules. The
only substantive change to the section
was the addition of the failure of a
Responsible Person to register a Covered
Horse as a violation. This addition
comes from Rule 9000(j) and means that
the penalties can be consolidated and
listed in Rule 9000(i). The remainder of
the modifications in Rule 9000(i) are
stylistic edits.
The registration of Covered Horses is
now set forth in Rule 9000(h). The Act
states that a horse becomes a Covered
Horse on the date of the horse’s first
timed and reported workout at a
Racetrack that participates in Covered
Horseraces or at a training facility. This
language was added to the rule to make
clear when the duty to register a
Covered Horse occurs. Rule 9000(h)(3)
is modified as follows: ‘‘The designated
ID number of the Owner (who must be
registered) of the Covered Horse or if the
Covered Horse is owned by an entity,
the entity name (who must be
registered) shall be provided along with
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a designated owner of the entity who is
a natural person (who must be
registered).’’ This provision will ensure
that every registered Covered Horse is
associated with a registered individual.
This will facilitate communication
between the Authority and the
registered individual and will ensure
the accountability of the registered
individual for the Covered Horse.
Although the previous provision
required that the location of the Covered
Horse be provided, the new provision
makes clear that the location of the
Covered Horse must ‘‘be updated by the
Responsible Person within twenty-four
(24) hours of the Covered Horse arriving
at its new location.’’ In addition, the
modification requires that if ‘‘the
Covered Horse suffers a fatal condition,
the Responsible Person within three (3)
days of the date of the fatality shall
update the Covered Horse’s status as
deceased, provide the date of the fatality
and an explanation regarding the cause
of the fatal condition.’’ In order for the
Authority to promote the safety, welfare,
and integrity of Covered Persons and
Covered Horses, and the safe conduct of
Covered Horseraces, it is necessary for
the Authority to know the location of
Covered Horses and, if the Covered
Horse has suffered a fatal condition, the
fatality is reported to the Authority. The
remainder of the modifications in Rule
9000(h) are stylistic edits.
III. Compliance With the Commission’s
March 27, 2023 Order
In accordance with the Commission’s
March 27, 2023 Order, the Authority
states that no comments were submitted
by commenters on the Federal Register
from the original Registration Rule
submission where the Authority in its
June 6, 2022 letter to the Commission
committed to further consider the
suggestions.
IV. Legal Authority
This rule is proposed by the Authority
for approval or disapproval by the
Commission under 15 U.S.C. 3053(c)(1).
V. Date of Effectiveness
If approved by the Commission, this
proposed rule will take effect on July 1,
2024.
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VI. Request for Comments
Members of the public are invited to
comment on the Authority’s proposed
rule. The Commission requests that
factual data on which the comments are
based be submitted with the comments.
The supporting documentation referred
to in the Authority’s filing are available
for public inspection on the docket for
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this matter at https://
www.regulations.gov.
The Commission seeks comments that
address the decisional criteria provided
by the Act. The Act gives the
Commission two criteria against which
to measure proposed rules and rule
modifications: ‘‘The Commission shall
approve a proposed rule or modification
if the Commission finds that the
proposed rule or modification is
consistent with—(A) this chapter; and
(B) applicable rules approved by the
Commission.’’ 10 In other words, the
Commission will evaluate the proposed
rule for its consistency with the specific
requirements, factors, standards, or
considerations in the text of the Act as
well as the Commission’s procedural
rule.
Although the Commission evaluates
the Authority’s proposed rule for its
consistency with the Act and the
Commission’s procedural rule, the
Commission may consider broader
questions—about the health and safety
of horses and jockeys, the integrity of
horseraces and wagering on horseraces,
and the administration of the Authority
itself—in another context: ‘‘The
Commission . . . may abrogate, add to,
and modify the rules of the Authority
promulgated in accordance with this
chapter as the Commission finds
necessary or appropriate to ensure the
fair administration of the Authority, to
conform the rules of the Authority to
requirements of this chapter and
applicable rules approved by the
Commission, or otherwise in
furtherance of the purposes of this
chapter.’’ 11 The Commission may
exercise this rulemaking power on its
own initiative or in response to a
petition from a member from the public.
If members of the public wish to
provide comments to the Commission
about its use of the rulemaking power,
they are encouraged to submit a petition
requesting that the Commission issue a
rule addressing the subject of interest.
The petition must meet all the criteria
established in the Rules of Practice (part
1, subpart D); 12 if it does, the petition
will be published in the Federal
Register for public comment. In
particular, the petition for a rulemaking
must ‘‘identify the problem the
requested action is intended to address
and explain why the requested action is
necessary to address the problem.’’ 13
10 15
U.S.C. 3053(c)(2).
U.S.C. 3053(e) (as amended by the
Consolidated Appropriations Act, 2023, H.R. 2617,
117th Cong., Division O, Title VII (2022)).
12 16 CFR 1.31; see FTC, Procedures for
Responding to Petitions for Rulemaking, 86 FR
59851 (Oct. 29, 2021).
13 16 CFR 1.31(b)(3).
11 15
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12841
VII. Comment Submissions
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before March 5, 2024. Write ‘‘HISA
Registration Rule Modification’’ on your
comment. Your comment—including
your name and your State—will be
placed on the public record of this
proceeding, including the https://
www.regulations.gov website.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we strongly encourage you to
submit your comments online. To make
sure the Commission considers your
online comment, you must file it at
https://www.regulations.gov, by
following the instructions on the webbased form.
If you file your comment on paper,
write ‘‘HISA Registration Rule
Modification’’ on your comment and on
the envelope, and mail your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Mail
Stop H–144 (Annex H), Washington, DC
20580. If possible, please submit your
paper comment to the Commission by
overnight service.
Because your comment will be placed
on the public record, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
contain sensitive personal information,
such as your or anyone else’s Social
Security number; date of birth; driver’s
license number or other State
identification number or foreign country
equivalent; passport number; financial
account number; or credit or debit card
number. You are also solely responsible
for making sure your comment does not
include any sensitive health
information, such as medical records or
other individually identifiable health
information. In addition, your comment
should not include any ‘‘[t]rade secret or
any commercial or financial information
which . . . is privileged or
confidential’’—as provided in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including, in particular, competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c),
16 CFR 4.9(c). In particular, the written
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request for confidential treatment that
accompanies the comment must include
the factual and legal basis for the
request and must identify the specific
portions of the comment to be withheld
from the public record. See FTC Rule
4.9(c). Your comment will be kept
confidential only if the General Counsel
grants your request in accordance with
the law and the public interest. Once
your comment has been posted publicly
at https://www.regulations.gov—as
legally required by FTC Rule 4.9(b), 16
CFR 4.9(b)—we cannot redact or remove
your comment, unless you submit a
confidentiality request that meets the
requirements for such treatment under
FTC Rule 4.9(c), and the General
Counsel grants that request.
Visit the FTC website to read this
document and any news release
describing it. The FTC Act and other
laws that the Commission administers
permit the collection of public
comments to consider and use in this
proceeding as appropriate. The
Commission will consider all timely
and responsive public comments it
receives on or before March 5, 2024. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/siteinformation/
privacypolicy.
VIII. Communications by Outside
Parties to the Commissioners or Their
Advisors
Written communications and
summaries or transcripts of oral
communications respecting the merits
of this proceeding, from any outside
party to any Commissioner or
Commissioner’s advisor, will be placed
on the public record. See 16 CFR
1.26(b)(5).
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IX. Self-Regulatory Organization’s
Proposed Rule Language
The following language reflects the
Registration Rule with the proposed
modifications incorporated. A redline
version that shows every way in which
the previously approved Registration
Rule would be modified by the
proposed rule modification is available
as Exhibit B on the docket at https://
www.regulations.gov.
9000. Registration of Covered Persons
and Covered Horses
(a) Registration Requirement for
Covered Persons. A Covered Person (as
defined by 15 U.S.C. 3051(6)) shall
register with the Authority in
accordance with this rule on the
Horseracing Integrity and Safety
Authority website at https://portal.
hisausapps.org/registration. Provided,
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however, Owners having an ownership
or beneficial interest in a horse of less
than five (5) percent shall not be
required to register unless such owner is
or becomes a Responsible Person as
defined in Rule 2010. At the end of each
successive twelve-month period,
calculated from the date of a Covered
Person’s initial registration, a Covered
Person shall review the accuracy of
information previously submitted on the
website, and update the information as
necessary. An individual who is no
longer a Covered Person may request the
Authority to have his or her name
removed from registration with the
Authority.
(b) Information Required for
Registration of Covered Persons. The
following information shall be provided
by all Covered Persons who register as
individuals with the Authority:
(1) The Covered Person’s name,
physical address, and permanent
mailing address;
(2) The Covered Person’s email
address;
(3) If the Covered Person possesses a
mobile phone, the mobile phone
number;
(4) Identification of all racing
jurisdictions in which the Covered
Person is currently licensed and the
occupation(s) for which the Covered
Person is licensed;
(5) If required by the Authority, an
image of at least one currently valid
license issued to the Covered Person by
a racing regulatory authority; and
(6) Any other information reasonably
required by the Authority to fulfill its
statutory duties under the Act.
(c) Jockeys and Jockey Agents. Jockeys
shall identify the Jockey agents who
represent them. Jockey agents shall
identify the Jockeys whom they
represent.
(d) Veterinarians. A Covered Person
who registers as a veterinarian shall also
provide (i) the name and contact
information for any clinic or practice
that the veterinarian is associated with;
and (ii) all jurisdictions in which the
registrant is currently licensed by state
veterinary licensing authorities and the
registrant’s license number for each
such jurisdiction.
(e) Racetracks. A Racetrack licensed
by a state racing commission to conduct
Covered Horseraces (as defined by 15
U.S.C. 3051(5)) shall register with the
Authority, and shall provide and update
as necessary the following information:
(1) The name and contact information,
including email address and direct
phone number, of the Director or Officer
with principal responsibility for
conducting Covered Horseraces to serve
as the contact person for the Racetrack;
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(2) The Racetrack’s physical address,
mailing address, phone number and
general delivery email address;
(3) Identification of the majority or
controlling ownership interests of the
Racetrack. Any change in the majority
or controlling ownership interests or
control of a Racetrack shall constitute a
material change and shall be reported to
the Authority within 30 days following
the change; and
(4) Any other information reasonably
required by the Authority to fulfill its
statutory duties under the Act.
(f) Registration Exemptions. Vendors
of goods or services and racetrack
employees or contractors who do not
have access to restricted areas of a
Racetrack in the ordinary course of
carrying out their duties are not
required to register with the Authority.
For purposes of this rule, mutuel
employees are deemed not to have
access to restricted areas of a Racetrack.
(g) Agreement With Respect to
Authority Rules, Standards, and
Procedures. Pursuant to 15 U.S.C.
3054(d) of the Act, a Covered Person
who registers with the Authority shall
agree to be subject to and comply with
the rules, standards, and procedures of
the Authority developed and approved
under 15 U.S.C. 3054(c). These rules,
standards, and procedures are set forth
in the Rule 8000 Series.
(h) Registration of Covered Horses.
Responsible Persons (as defined in Rule
2010) shall ensure that Covered Horses
(as defined by 15 U.S.C. 3051(4)) are
registered with the Authority on the
date of the horse’s first timed and
reported workout at a Racetrack that
participates in Covered Horseraces or at
a training facility. The following
information shall be provided by all
Covered Persons who register horses
with the Authority:
(1) The Covered Horse’s name and
year of birth;
(2) The name of the dam of the
Covered Horse;
(3) The designated Owner (who must
be registered) of the Covered Horse or if
the Covered Horse is owned by an
entity, the entity name (who must be
registered) shall be provided along with
a designated owner of the entity who is
a natural person (who must be
registered);
(4) The location of the Covered Horse,
which shall be updated by the
Responsible Person within twenty-four
(24) hours of the Covered Horse arriving
at its new location;
(5) The Vaccine and Health
Information required by Rule 2143;
(6) If the Covered Horse suffers a fatal
condition, the Responsible Person
within three (3) days of the date of the
E:\FR\FM\20FEN1.SGM
20FEN1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Notices
fatality shall update the Covered Horse’s
status as deceased, provide the date of
the fatality and an explanation regarding
the cause of the fatal condition; and
(7) Any other information reasonably
required by the Authority to fulfill its
statutory duties under the Act.
(i) Accuracy of and Changes to
Registration Information.
(1) Complete and Correct Information.
Information provided by a Covered
Person in the course of registration
pursuant to the Rule 9000 Series shall
be complete and correct.
(2) Material Changes in Registration
Information. A Covered Person
registered with the Authority shall
timely update registration information
to accurately report any material
changes in any information required for
registration by the Authority, including
the information required under Rule
9000(h).
(3) Penalties. As set forth in Rule
8100(g), failure to register with the
Authority, failure of a Responsible
Person to register a Covered Horse,
knowingly making a false statement,
omitting information in an application
for registration with the Authority, or
failure to advise the Authority of
material changes in information
provided to the Authority as required
under any provision in Authority rules
shall constitute a violation and shall be
subject to the sanctions set forth in Rule
8200 and the disciplinary procedures
set forth in Rule 8300.
By direction of the Commission.
April J. Tabor,
Secretary.
[Notice M1Y–2024–01; Docket No. 2024–
0002; Sequence No.8]
Notice of the Federal Chief Information
Officers Council Innovation
Committee’s Disruption and
Discovery: AI, Data, and Quantum
Symposium
General Services
Administration, Office of Governmentwide Policy, Office of Executive
Councils, Federal Chief Information
Officers (CIO) Council, Innovation
Committee.
ACTION: Meeting notice.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Join leaders across the federal
government for an immersive one-day
symposium exploring the technologies
transforming our future. Through
Jkt 262001
Ms.
Ariel Crawford, Office of Governmentwide Policy, at 301–653–7198 or ariel.
crawford@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
Format
GENERAL SERVICES
ADMINISTRATION
16:54 Feb 16, 2024
GSA Headquarters, 1800 F
St. NW, Washington, DC Jess Mellon
Auditorium.
This is an in-person event. All
attendees, including industry partners,
must register for the event here: https://
gsa.zoomgov.com/meeting/register/
vJItduGsrjMjH5WV7BYKLs
SQqKxMPZqEU5w.
Members of the press are invited to
attend but are required to register with
the GSA press office (via email press@
gsa.gov) by Tuesday, February 27, 2024.
ADDRESSES:
Background
BILLING CODE 6750–01–P
VerDate Sep<11>2014
Tuesday, March 5, 2024 from
9:00 a.m. to 3:30 p.m. Eastern Standard
Time.
Agenda Topic Areas
• AI vs. Fraudsters: How New
Technologies Are Tilting the Battle
• The Promise and Potential of
Quantum Computing
• Data Management Is Critical to
Making Zero Trust a Reality
• Pushing the Frontiers of Innovation:
Research and Discovery at the
National Labs
Ariel Crawford,
Senior Advisor, Federal Chief Information
Officers (CIO) Council, Office of Governmentwide Policy, General Services Administration.
[FR Doc. 2024–03329 Filed 2–16–24; 8:45 am]
BILLING CODE 6820–69–P
DATES:
SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–03301 Filed 2–16–24; 8:45 am]
SUMMARY:
keynote addresses and fireside chats,
gain insider perspectives from those
using AI to combat and reduce fraud to
those safeguarding our digital lives in
the emerging quantum era and
designing the future of data security
across government. Learn about the
technical breakthroughs employees at
the National Labs are making to improve
the lives of the American public. This
symposium will spotlight the
intersections of technology, innovation,
and open government—shaping the
digital tomorrow and harnessing the
power of technology to drive mission
impact. Join us at the frontier of what’s
next.
12843
The Disruption and Discovery: AI,
Data, and Quantum on the Symposium
convenes leaders from the Federal
Government to discuss their experiences
with emerging technologies. The
summit will include keynotes and
Fireside Chats with featured speakers.
If you have questions for the
panelists, you can email them to CIO
Council Support at ciocouncil.support@
gsa.gov by Tuesday, February 27, 2024.
Special Accommodations
Hosted by
• Federal CIO Council Innovation
Committee
Frm 00032
Fmt 4703
Sfmt 4703
Agency for Healthcare Research and
Quality
National Advisory Council for
Healthcare Research and Quality:
Request for Nominations for Members
Agency for Healthcare Research
and Quality (AHRQ), HHS.
ACTION: Notice of request for
nominations for members.
AGENCY:
The National Advisory
Council for Healthcare Research and
Quality (the Council) advises the
Secretary of HHS (Secretary) and the
Director of the Agency for Healthcare
Research and Quality (AHRQ) with
respect to activities proposed or
undertaken to carry out AHRQ’s
statutory mission. AHRQ produces
evidence to make health care safer,
higher quality, more accessible,
equitable, and affordable, and works
within the U.S. Department of Health
and Human Services and with other
partners to make sure that the evidence
is understood and used. Seven new
members will be appointed to replace
seven current members whose terms
will expire in November 2024.
DATES: Nominations should be received
on or before 60 days after date of
publication.
SUMMARY:
Nominations should be sent
by email to Jaime Zimmerman at
NationalAdvisoryCouncil@ahrq.hhs.gov.
FOR FURTHER INFORMATION CONTACT:
Jaime Zimmerman, AHRQ, at (301) 427–
1456.
SUPPLEMENTARY INFORMATION: 42 U.S.C.
299c provides that the Secretary shall
appoint to the Council twenty-one
appropriately qualified individuals. At
least seventeen members shall be
representatives of the public and at least
ADDRESSES:
American Sign Language (ASL)
interpreters will be in attendance. If
additional accommodations are needed,
please indicate on the Zoom registration
form.
Live Speakers (Subject to change
without notice.)
PO 00000
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
E:\FR\FM\20FEN1.SGM
20FEN1
Agencies
[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12839-12843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03301]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. P222100]
Horseracing Integrity and Safety Authority Registration Rule
Modification
AGENCY: Federal Trade Commission.
ACTION: Notice of Horseracing Integrity and Safety Authority (HISA)
proposed rule modification; request for public comment.
-----------------------------------------------------------------------
SUMMARY: As required by the Horseracing Integrity and Safety Act of
2020, the Federal Trade Commission publishes a proposed modification of
the Horseracing Integrity and Safety Authority's rules addressing
horseracing in the United States. The proposed rule modification would
amend the Rule Series 9000 Registration Rules, which establish the
registration requirements applicable to all Covered Horses, Covered
Persons, and Racetracks. This document contains the Authority's
proposed rule modification's text and explanation, and it seeks public
comment on whether the Commission should approve the proposed rule
modification.
DATES: The Commission must approve or disapprove the proposed
modification on or before April 22, 2024. If approved, the proposed
rule modification would be effective on July 1, 2024. Comments must be
filed on or before March 5, 2024.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Comment Submissions part of the
SUPPLEMENTARY INFORMATION section below. Write ``HISA Registration Rule
Modification'' on your comment and file your comment online at https://www.regulations.gov by following the instructions on the web-based
form. If you prefer to file your comment on paper, mail your comment to
the following address: Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue NW, Mail Stop H-144 (Annex H),
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Sarah Botha (202-326-2036), Attorney
Advisor and Acting HISA Program Manager, Office of the Executive
Director, Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The Horseracing Integrity and Safety Act of
2020 \1\ (the ``Act'') recognizes a self-regulatory nonprofit
organization, the Horseracing Integrity and Safety Authority (``HISA''
or the ``Authority''), which is charged with developing proposed rules
on a variety of subjects. Those proposed rules and later proposed rule
modifications take effect only if approved by the Federal Trade
Commission.\2\ The proposed rules and rule modifications must be
published in the Federal Register for public comment.\3\ Thereafter,
the Commission has 60 days from the date of publication to approve or
disapprove the proposed rule or rule modification.\4\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 3051 through 3060.
\2\ 15 U.S.C. 3053(b)(2).
\3\ 15 U.S.C. 3053(b)(1).
\4\ 15 U.S.C. 3053(c)(1).
---------------------------------------------------------------------------
Pursuant to Section 3053(a) of the Act and Commission Rule 1.142,
notice is hereby given that, on September 27, 2023, the Authority filed
with the Commission a proposed Registration Rule modification and
supporting documentation as described in Items I, II, III, IV, and IX
below, which Items have been prepared by the Authority. The Office of
the Secretary of the Commission determined that the filing complied
with the Commission's rule governing such submissions.\5\ The
Commission is publishing this document to solicit comments on the
proposed rule modification from interested persons.
---------------------------------------------------------------------------
\5\ 16 CFR 1.140 through 1.144; see also FTC, Procedures for
Submission of Rules Under the Horseracing Integrity and Safety Act,
86 FR 54819 (Oct. 5, 2021).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Background, Purpose
of, and Statutory Basis for the Proposed Rule Modification
a. Background and Purpose
The Act recognizes that the establishment of a national set of
uniform standards for racetrack safety and medication control will
enhance the safety and integrity of horseracing. On April 25, 2022, the
Authority filed with the Commission the Rule 9000 Series, which
establishes the registration requirements for Covered Persons and
Covered Horses. The Rule 9000 Series was published in the Federal
Register on May 17, 2022,\6\ and approved by the Commission by Order
dated June 29, 2022.\7\
---------------------------------------------------------------------------
\6\ See FTC, Notice of HISA Registration Proposed Rule
(``Notice''), 87 FR 29862 (May 17, 2022).
\7\ FTC, Order Approving the Registration Rule Proposed by the
Horseracing Integrity and Safety Authority (June 29, 2022), https://www.ftc.gov/system/files/ftc_gov/pdf/P222100CommissionOrderRegistrationRuleFinal.pdf.
---------------------------------------------------------------------------
The Authority now proposes modifications to several provisions in
the Rule 9000 Series. This submission is made in order to comply with
the Commission's March 27, 2023 Order that directed ``the Authority to
review all of its existing rules (Racetrack Safety, Assessment
Methodology, Enforcement, Registration, and ADMC) and submit any
proposed rule modifications to the Commission by September 27, 2023.''
\8\ The Authority has reviewed all of its existing rules and this
submission is filed in accordance with the March 27, 2023 Order. The
modifications are limited in scope and build upon the registration
system already in place. An additional reason for proposing the rule
modification is to clarify and refine various details in the Rule 9000
Series Registration Rules in a manner that is consistent with the Act.
The modifications are outlined in detail in Section II of this
Document. In general terms, the modifications enhance and refine the
requirements and procedures for the registration of Covered Persons,
Covered Horses, and Racetracks.
---------------------------------------------------------------------------
\8\ FTC, Order Approving the Anti-Doping and Medication Control
Rule Proposed by the Horseracing Integrity and Safety Authority at 6
(Mar. 27, 2023), https://www.ftc.gov/system/files/ftc_gov/pdf/P222100CommissionOrderAntiDopingMedication.pdf.
---------------------------------------------------------------------------
The safety and welfare of Covered Horses will be affected and
enhanced by this rule modification because the modifications will
enable the Authority to possess accurate and timely information
concerning Covered Persons and Covered Horses. Covered Persons will be
affected by modifications that alter slightly some of the registration
requirements, but the requirements as altered are not burdensome. The
registration of Covered Horses and Covered Persons, including
racetracks, furthers the purpose of enhancing the safety, welfare, and
integrity of Covered Persons and Covered Horses, and the safe conduct
of Covered Horseraces will be affected and enhanced as a result. An
effective registration system provides Covered Persons with the
information and guidance necessary to properly register with the
Authority, establishes certain exemptions to registration, requires
that registration information be updated as necessary, and provides for
the registration of Covered Horses. It also requires that Covered
Persons provide and update their contact information with the
Authority, so that the Authority may contact a Covered Person quickly
in order to address any
[[Page 12840]]
safety and welfare issues concerning Covered Horses that may arise. The
proposed rule modification takes into account the unique character of
horseracing and Covered Persons, Covered Horseraces, and Covered Horses
that will be affected by the proposed rule modification in similar
ways.
The modifications have been crafted in the most precise manner
possible to resolve the minor problems and specific issues that are
outlined in Section II for each modification. The modifications are
very tightly focused, and making these changes did not require the
weighing of significant reasonable alternatives. The modifications are
consistent with the Act because they further the directive of 15 U.S.C.
3054(d), which requires the Authority to establish a registration
system for Covered Persons. The Authority incorporates by reference
into this modification the existing standards that were set forth in
the Notice of Filing of Proposed Rule that originally established the
Rule 9000 Series and that was submitted to the Commission in the
original filing of the Rule 9000 Series on April 25, 2022.\9\
---------------------------------------------------------------------------
\9\ These standards are available as Exhibit A on the docket for
this publication at https://www.regulations.gov.
---------------------------------------------------------------------------
On August 28, 2023, HISA representatives shared the draft of the
Rule 9000 modifications with the following interested stakeholders for
input: Racing Officials Accreditation Program; Racing Medication and
Testing Consortium (Scientific Advisory Committee); National
Thoroughbred Racing Association; The Jockey Club; The Jockeys' Guild;
Thoroughbred Racing Association; Arapahoe Park; Rillito Downs;
Thoroughbred Owners of California; California Horse Racing Board;
Kentucky Racing Commission; Delaware Racing Commission; Maryland Racing
Commission; National Horsemen's Benevolent and Protective Association;
Thoroughbred Horsemen's Association; Thoroughbred Owners and Breeders
Association; Kentucky Thoroughbred Association; American Association of
Equine Practitioners; American Veterinary Medical Association; Stronach
Racing Group (5 thoroughbred racetracks); Churchill Downs (6
thoroughbred racetracks); Breeders' Cup; Keeneland; Del Mar; and the
Racing Operations Committee. Additionally, on August 28, 2023, the
draft of the proposed modifications was made available to the public
for review and comment on the HISA website at https://hisaus.org/. No
comments were received regarding the Registration Rule or the proposed
rule modification.
With the review, input and ultimate approval of the Authority's
Board of Directors, the proposed rule modification to the Rule 9000
Series modifies and enhances the registration rules. HISA submits
herewith the proposed rule modification for Commission approval. As
required by 15 U.S.C. 3053(c)(2), the rules are consistent with the Act
and the rules approved by the Commission. Pursuant to 16 CFR part 1,
subpart S 1.142(a)(7), the Authority proposed January 5, 2024, as the
date for the Federal Register to publish this proposed rule
modification.
b. Statutory Basis
The Horseracing Integrity and Safety Act of 2020, 15 U.S.C. 3051
through 3060.
II. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Modification
The Authority's Registration Rule was guided by the purposes and
objectives of the Act, and in particular the Act's explicit directive
in 15 U.S.C. 3054(d)(1) that Covered Persons be required to register
with the Authority in accordance with rules promulgated by the
Authority and approved by the Commission. The Registration Rule
establishes the requirements and procedures for the registration of
Covered Persons and Covered Horses.
Rule 9000(a) is modified to exempt Owners having an ownership or
beneficial interest in a Covered Horse of less than five (5) percent
from registration unless such owner is or becomes a Responsible Person
as defined in Rule 2010. Many state racing commissions exempt
individuals who own a small percentage of a horse from licensure
requirements. The Authority has determined that the registration of
Owners having an ownership or beneficial interest in a horse of less
than five (5) percent is not necessary for the safety, welfare, and
integrity of Covered Persons and Covered Horses, and the safe conduct
of Covered Horseraces unless the owner is or becomes the Responsible
Person. The remainder of the modifications in Rule 9000(a) are
stylistic edits.
Currently, Rule 9000(b) requires that a Covered Person provide a
mobile phone number or email address, or both if available. The
modification requires an email address and a mobile phone number, if
the Covered Person possesses a mobile phone. The Authority uses email
addresses to communicate with Covered Persons. Quite simply, a Covered
Person needs to provide an email address so that the Covered Person can
receive communications from the Authority. The remainder of the
modifications in Rule 9000(b) are stylistic edits.
Rule 9000(d) is amended to require that any Covered Person who
registers as a Veterinarian shall also provide the name and contact
information for any clinic or practice that the Veterinarian is
associated with, along with the Veterinarian's state license number.
The information pertaining to the clinic facilitates maintenance of and
access to veterinary records and will allow trainers to identify a
clinic by name instead of a specific Veterinarian who might change from
visit to visit. The state license number will allow the Authority to
check and verify the Veterinarian's status.
Rule 9000(e), which sets forth the registration requirements for
Racetracks, is amended to add the following clause: ``4. Any other
information reasonably required by the Authority to fulfill its
statutory duties under the Act.'' This clause is already included in
the Registration Rule for Covered Horses and Covered Persons but was
inadvertently omitted in the Registration Rule relating to Racetracks.
The remainder of the modifications in Rules 9000(e), 9000(f) and
9000(g) are stylistic edits.
Rule 9000(h) was moved to Rule 9000(i) since it should more
properly be located at the end of the rule series; it prescribes the
general requirements to provide complete and accurate information and
to report any material changes to the information and establishes
penalties for failure to comply with the registration rules. The only
substantive change to the section was the addition of the failure of a
Responsible Person to register a Covered Horse as a violation. This
addition comes from Rule 9000(j) and means that the penalties can be
consolidated and listed in Rule 9000(i). The remainder of the
modifications in Rule 9000(i) are stylistic edits.
The registration of Covered Horses is now set forth in Rule
9000(h). The Act states that a horse becomes a Covered Horse on the
date of the horse's first timed and reported workout at a Racetrack
that participates in Covered Horseraces or at a training facility. This
language was added to the rule to make clear when the duty to register
a Covered Horse occurs. Rule 9000(h)(3) is modified as follows: ``The
designated ID number of the Owner (who must be registered) of the
Covered Horse or if the Covered Horse is owned by an entity, the entity
name (who must be registered) shall be provided along with
[[Page 12841]]
a designated owner of the entity who is a natural person (who must be
registered).'' This provision will ensure that every registered Covered
Horse is associated with a registered individual. This will facilitate
communication between the Authority and the registered individual and
will ensure the accountability of the registered individual for the
Covered Horse. Although the previous provision required that the
location of the Covered Horse be provided, the new provision makes
clear that the location of the Covered Horse must ``be updated by the
Responsible Person within twenty-four (24) hours of the Covered Horse
arriving at its new location.'' In addition, the modification requires
that if ``the Covered Horse suffers a fatal condition, the Responsible
Person within three (3) days of the date of the fatality shall update
the Covered Horse's status as deceased, provide the date of the
fatality and an explanation regarding the cause of the fatal
condition.'' In order for the Authority to promote the safety, welfare,
and integrity of Covered Persons and Covered Horses, and the safe
conduct of Covered Horseraces, it is necessary for the Authority to
know the location of Covered Horses and, if the Covered Horse has
suffered a fatal condition, the fatality is reported to the Authority.
The remainder of the modifications in Rule 9000(h) are stylistic edits.
III. Compliance With the Commission's March 27, 2023 Order
In accordance with the Commission's March 27, 2023 Order, the
Authority states that no comments were submitted by commenters on the
Federal Register from the original Registration Rule submission where
the Authority in its June 6, 2022 letter to the Commission committed to
further consider the suggestions.
IV. Legal Authority
This rule is proposed by the Authority for approval or disapproval
by the Commission under 15 U.S.C. 3053(c)(1).
V. Date of Effectiveness
If approved by the Commission, this proposed rule will take effect
on July 1, 2024.
VI. Request for Comments
Members of the public are invited to comment on the Authority's
proposed rule. The Commission requests that factual data on which the
comments are based be submitted with the comments. The supporting
documentation referred to in the Authority's filing are available for
public inspection on the docket for this matter at https://www.regulations.gov.
The Commission seeks comments that address the decisional criteria
provided by the Act. The Act gives the Commission two criteria against
which to measure proposed rules and rule modifications: ``The
Commission shall approve a proposed rule or modification if the
Commission finds that the proposed rule or modification is consistent
with--(A) this chapter; and (B) applicable rules approved by the
Commission.'' \10\ In other words, the Commission will evaluate the
proposed rule for its consistency with the specific requirements,
factors, standards, or considerations in the text of the Act as well as
the Commission's procedural rule.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 3053(c)(2).
---------------------------------------------------------------------------
Although the Commission evaluates the Authority's proposed rule for
its consistency with the Act and the Commission's procedural rule, the
Commission may consider broader questions--about the health and safety
of horses and jockeys, the integrity of horseraces and wagering on
horseraces, and the administration of the Authority itself--in another
context: ``The Commission . . . may abrogate, add to, and modify the
rules of the Authority promulgated in accordance with this chapter as
the Commission finds necessary or appropriate to ensure the fair
administration of the Authority, to conform the rules of the Authority
to requirements of this chapter and applicable rules approved by the
Commission, or otherwise in furtherance of the purposes of this
chapter.'' \11\ The Commission may exercise this rulemaking power on
its own initiative or in response to a petition from a member from the
public. If members of the public wish to provide comments to the
Commission about its use of the rulemaking power, they are encouraged
to submit a petition requesting that the Commission issue a rule
addressing the subject of interest. The petition must meet all the
criteria established in the Rules of Practice (part 1, subpart D); \12\
if it does, the petition will be published in the Federal Register for
public comment. In particular, the petition for a rulemaking must
``identify the problem the requested action is intended to address and
explain why the requested action is necessary to address the problem.''
\13\
---------------------------------------------------------------------------
\11\ 15 U.S.C. 3053(e) (as amended by the Consolidated
Appropriations Act, 2023, H.R. 2617, 117th Cong., Division O, Title
VII (2022)).
\12\ 16 CFR 1.31; see FTC, Procedures for Responding to
Petitions for Rulemaking, 86 FR 59851 (Oct. 29, 2021).
\13\ 16 CFR 1.31(b)(3).
---------------------------------------------------------------------------
VII. Comment Submissions
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before March 5, 2024.
Write ``HISA Registration Rule Modification'' on your comment. Your
comment--including your name and your State--will be placed on the
public record of this proceeding, including the https://www.regulations.gov website.
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we strongly encourage you
to submit your comments online. To make sure the Commission considers
your online comment, you must file it at https://www.regulations.gov,
by following the instructions on the web-based form.
If you file your comment on paper, write ``HISA Registration Rule
Modification'' on your comment and on the envelope, and mail your
comment to the following address: Federal Trade Commission, Office of
the Secretary, 600 Pennsylvania Avenue NW, Mail Stop H-144 (Annex H),
Washington, DC 20580. If possible, please submit your paper comment to
the Commission by overnight service.
Because your comment will be placed on the public record, you are
solely responsible for making sure that your comment does not include
any sensitive or confidential information. In particular, your comment
should not contain sensitive personal information, such as your or
anyone else's Social Security number; date of birth; driver's license
number or other State identification number or foreign country
equivalent; passport number; financial account number; or credit or
debit card number. You are also solely responsible for making sure your
comment does not include any sensitive health information, such as
medical records or other individually identifiable health information.
In addition, your comment should not include any ``[t]rade secret or
any commercial or financial information which . . . is privileged or
confidential''--as provided in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including, in
particular, competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c), 16 CFR 4.9(c).
In particular, the written
[[Page 12842]]
request for confidential treatment that accompanies the comment must
include the factual and legal basis for the request and must identify
the specific portions of the comment to be withheld from the public
record. See FTC Rule 4.9(c). Your comment will be kept confidential
only if the General Counsel grants your request in accordance with the
law and the public interest. Once your comment has been posted publicly
at https://www.regulations.gov--as legally required by FTC Rule 4.9(b),
16 CFR 4.9(b)--we cannot redact or remove your comment, unless you
submit a confidentiality request that meets the requirements for such
treatment under FTC Rule 4.9(c), and the General Counsel grants that
request.
Visit the FTC website to read this document and any news release
describing it. The FTC Act and other laws that the Commission
administers permit the collection of public comments to consider and
use in this proceeding as appropriate. The Commission will consider all
timely and responsive public comments it receives on or before March 5,
2024. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see https://www.ftc.gov/siteinformation/privacypolicy.
VIII. Communications by Outside Parties to the Commissioners or Their
Advisors
Written communications and summaries or transcripts of oral
communications respecting the merits of this proceeding, from any
outside party to any Commissioner or Commissioner's advisor, will be
placed on the public record. See 16 CFR 1.26(b)(5).
IX. Self-Regulatory Organization's Proposed Rule Language
The following language reflects the Registration Rule with the
proposed modifications incorporated. A redline version that shows every
way in which the previously approved Registration Rule would be
modified by the proposed rule modification is available as Exhibit B on
the docket at https://www.regulations.gov.
9000. Registration of Covered Persons and Covered Horses
(a) Registration Requirement for Covered Persons. A Covered Person
(as defined by 15 U.S.C. 3051(6)) shall register with the Authority in
accordance with this rule on the Horseracing Integrity and Safety
Authority website at https://portal.hisausapps.org/registration.
Provided, however, Owners having an ownership or beneficial interest in
a horse of less than five (5) percent shall not be required to register
unless such owner is or becomes a Responsible Person as defined in Rule
2010. At the end of each successive twelve-month period, calculated
from the date of a Covered Person's initial registration, a Covered
Person shall review the accuracy of information previously submitted on
the website, and update the information as necessary. An individual who
is no longer a Covered Person may request the Authority to have his or
her name removed from registration with the Authority.
(b) Information Required for Registration of Covered Persons. The
following information shall be provided by all Covered Persons who
register as individuals with the Authority:
(1) The Covered Person's name, physical address, and permanent
mailing address;
(2) The Covered Person's email address;
(3) If the Covered Person possesses a mobile phone, the mobile
phone number;
(4) Identification of all racing jurisdictions in which the Covered
Person is currently licensed and the occupation(s) for which the
Covered Person is licensed;
(5) If required by the Authority, an image of at least one
currently valid license issued to the Covered Person by a racing
regulatory authority; and
(6) Any other information reasonably required by the Authority to
fulfill its statutory duties under the Act.
(c) Jockeys and Jockey Agents. Jockeys shall identify the Jockey
agents who represent them. Jockey agents shall identify the Jockeys
whom they represent.
(d) Veterinarians. A Covered Person who registers as a veterinarian
shall also provide (i) the name and contact information for any clinic
or practice that the veterinarian is associated with; and (ii) all
jurisdictions in which the registrant is currently licensed by state
veterinary licensing authorities and the registrant's license number
for each such jurisdiction.
(e) Racetracks. A Racetrack licensed by a state racing commission
to conduct Covered Horseraces (as defined by 15 U.S.C. 3051(5)) shall
register with the Authority, and shall provide and update as necessary
the following information:
(1) The name and contact information, including email address and
direct phone number, of the Director or Officer with principal
responsibility for conducting Covered Horseraces to serve as the
contact person for the Racetrack;
(2) The Racetrack's physical address, mailing address, phone number
and general delivery email address;
(3) Identification of the majority or controlling ownership
interests of the Racetrack. Any change in the majority or controlling
ownership interests or control of a Racetrack shall constitute a
material change and shall be reported to the Authority within 30 days
following the change; and
(4) Any other information reasonably required by the Authority to
fulfill its statutory duties under the Act.
(f) Registration Exemptions. Vendors of goods or services and
racetrack employees or contractors who do not have access to restricted
areas of a Racetrack in the ordinary course of carrying out their
duties are not required to register with the Authority. For purposes of
this rule, mutuel employees are deemed not to have access to restricted
areas of a Racetrack.
(g) Agreement With Respect to Authority Rules, Standards, and
Procedures. Pursuant to 15 U.S.C. 3054(d) of the Act, a Covered Person
who registers with the Authority shall agree to be subject to and
comply with the rules, standards, and procedures of the Authority
developed and approved under 15 U.S.C. 3054(c). These rules, standards,
and procedures are set forth in the Rule 8000 Series.
(h) Registration of Covered Horses. Responsible Persons (as defined
in Rule 2010) shall ensure that Covered Horses (as defined by 15 U.S.C.
3051(4)) are registered with the Authority on the date of the horse's
first timed and reported workout at a Racetrack that participates in
Covered Horseraces or at a training facility. The following information
shall be provided by all Covered Persons who register horses with the
Authority:
(1) The Covered Horse's name and year of birth;
(2) The name of the dam of the Covered Horse;
(3) The designated Owner (who must be registered) of the Covered
Horse or if the Covered Horse is owned by an entity, the entity name
(who must be registered) shall be provided along with a designated
owner of the entity who is a natural person (who must be registered);
(4) The location of the Covered Horse, which shall be updated by
the Responsible Person within twenty-four (24) hours of the Covered
Horse arriving at its new location;
(5) The Vaccine and Health Information required by Rule 2143;
(6) If the Covered Horse suffers a fatal condition, the Responsible
Person within three (3) days of the date of the
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fatality shall update the Covered Horse's status as deceased, provide
the date of the fatality and an explanation regarding the cause of the
fatal condition; and
(7) Any other information reasonably required by the Authority to
fulfill its statutory duties under the Act.
(i) Accuracy of and Changes to Registration Information.
(1) Complete and Correct Information. Information provided by a
Covered Person in the course of registration pursuant to the Rule 9000
Series shall be complete and correct.
(2) Material Changes in Registration Information. A Covered Person
registered with the Authority shall timely update registration
information to accurately report any material changes in any
information required for registration by the Authority, including the
information required under Rule 9000(h).
(3) Penalties. As set forth in Rule 8100(g), failure to register
with the Authority, failure of a Responsible Person to register a
Covered Horse, knowingly making a false statement, omitting information
in an application for registration with the Authority, or failure to
advise the Authority of material changes in information provided to the
Authority as required under any provision in Authority rules shall
constitute a violation and shall be subject to the sanctions set forth
in Rule 8200 and the disciplinary procedures set forth in Rule 8300.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2024-03301 Filed 2-16-24; 8:45 am]
BILLING CODE 6750-01-P