Proposed Rule2021-26849
Horse Protection; Licensing of Designated Qualified Persons and Other Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 13, 2021
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are withdrawing a proposed rule that would have amended the horse protection regulations with respect to several program practices. We are taking this action to withdraw the proposed rule so that we may reevaluate these program practices based on the findings of research conducted after its publication.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 236 (Monday, December 13, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Proposed Rules]
[Page 70755]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26849]
========================================================================
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. 86, No. 236 / Monday, December 13, 2021 /
Proposed Rules
[[Page 70755]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 11
[Docket No. APHIS-2011-0009]
RIN 0579-AE19
Horse Protection; Licensing of Designated Qualified Persons and
Other Amendments
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: We are withdrawing a proposed rule that would have amended the
horse protection regulations with respect to several program practices.
We are taking this action to withdraw the proposed rule so that we may
reevaluate these program practices based on the findings of research
conducted after its publication.
DATES: The Animal and Plant Health Inspection Service is withdrawing
the proposed rule published July 26, 2016 (81 FR 49112-49137) as of
December 13, 2021.
FOR FURTHER INFORMATION CONTACT: Dr. Lance H. Bassage, VMD, Director,
National Policy Staff, Animal Care, APHIS, 4700 River Road, Unit 84,
Riverdale, MD 20737; <a href="/cdn-cgi/l/email-protection#8ce0ede2efe9a2e4a2eeedffffedebe9ccf9ffe8eda2ebe3fa"><span class="__cf_email__" data-cfemail="1579747b76703b7d3b7774666674727055606671743b727a63">[email protected]</span></a>, (518) 218-7551.
SUPPLEMENTARY INFORMATION: On July 26, 2016, we published in the
Federal Register (81 FR 49112-49137, Docket No. APHIS-2011-0009) a
proposal \1\ to amend the regulations relating to the Animal and Plant
Health Inspection Service's (APHIS) administration and enforcement of
the Horse Protection Act.
---------------------------------------------------------------------------
\1\ To view the proposed rule, supporting documents, and the
comments we received, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter APHIS-
2011-0009 in the Search field.
---------------------------------------------------------------------------
We solicited comments concerning the proposed rule for a period of
60 days ending September 26, 2016. We subsequently extended the comment
period by an additional 30 days, to October 26, 2016. We also held five
public listening sessions prior to the close of the comment period.
We received 130,975 comments on the proposed rule through
electronic submission, U.S. mail, and courier, as well as comments
included in the transcripts from the public hearings. The comments were
from State and Federal elected officials, including current and former
U.S. Senators and Representatives, State agricultural agencies, farm
bureaus, gaited horse organizations, trotting horse federations and
organizations, other domestic and foreign horse industry organizations,
veterinarians and veterinary associations, horse rescue and animal
welfare advocacy organizations, horse owners and trainers, farriers,
small business owners, and the general public. Commenters addressed a
wide range of proposal topics, including horse inspection practices and
penalties, licensing and training of inspectors, the use of action
devices, substances, and other practices.
In 2021, the National Academy of Sciences (NAS) reviewed methods
for detecting soreness in horses and published a report \2\ of their
findings. The report examined the inspection methods that Designated
Qualified Persons use for identifying soreness in walking horses, new
and emerging approaches for detecting pain, and use of the scar rule in
determining compliance with the Horse Protection Act, and made a number
of science-based recommendations regarding revisions to APHIS' Horse
Protection Act program and associated regulations. We have reviewed the
July 26, 2016 proposed rule in light of the NAS report, and determined
that the rule does not sufficiently address the report's findings.
---------------------------------------------------------------------------
\2\ A Review of Methods for Detecting Soreness in Horses.
Washington, DC: The National Academies Press. <a href="https://doi.org/10.17226/25949">https://doi.org/10.17226/25949</a>.
---------------------------------------------------------------------------
Further, it has been more than 5 years since the proposed rule was
published and we would likely need to update the underlying data and
analyses that supported the proposed rule.
Therefore, for these reasons, we are withdrawing the July 26, 2016
proposed rule referenced above, and will issue a new proposed rule that
incorporates more recent findings and recommendations, including the
NAS report. The new rulemaking process will allow the public to comment
on these and other important issues before the rule is finalized.
Authority: 15 U.S.C. 1823-1825 and 1828; 7 CFR 2.22, 2.80, and
371.7.
Done in Washington, DC, this 6th day of December 2021.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-26849 Filed 12-10-21; 8:45 am]
BILLING CODE 3410-34-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 13, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.