Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 9349 

1 12 U.S.C. 371d(a). 

2 12 U.S.C. 248(a)(1). 

3 12 CFR 261.17. 

4 5 U.S.C. 552(b)(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). 

5 16 CFR 1.140–1.144; see also Fed. Trade 

Comm’n, Procedures for Submission of Rules Under 

the Horseracing Integrity and Safety Act, 86 FR 

54819 (Oct. 5, 2021). 

Legal authorization and 

confidentiality: The FR 4014 is 

authorized by section 24A(a) of the 

FRA, which requires that state member 

banks obtain Board approval prior to 

investing in bank premises that exceed 

statutory thresholds.1 The FR 4014 is 

additionally authorized by section 11 of 

the FRA, which authorizes the Board to 

require such statements and reports of 

state member banks as the Board may 

deem necessary.2 The FR 4014 is 

required to obtain a benefit. 

The information contained on the FR 

4014 is not considered confidential 

unless an applicant requests 

confidential treatment in accordance 

with the Board’s Rules Regarding 

Availability of Information.3 Requests 

for confidential treatment of information 

are reviewed on a case-by-case basis. 

Information provided on the FR 4014 

may be exempt from disclosure 

pursuant to exemption 4 of the Freedom 

of Information Act (FOIA) if it is 

nonpublic commercial or financial 

information, which is both customarily 

and actually treated as private by the 

respondent.4

Board of Governors of the Federal Reserve 

System, February 14, 2021. 

Michele Taylor Fennell, 

Deputy Associate Secretary of the Board. 

[FR Doc. 2022–03485 Filed 2–17–22; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

[File No. P222100] 

HISA Assessment Methodology Rule 

AGENCY: Federal Trade Commission. 

ACTION: Notice of Horseracing Integrity 

and Safety Authority (HISA) proposed 

rule; request for public comment. 

SUMMARY: The Horseracing Integrity and 

Safety Act of 2020 recognizes a selfregulatory nonprofit organization, the 

Horseracing Integrity and Safety 

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. The proposed rules 

and rule modifications must be 

published in the Federal Register for 

public comment. Thereafter, the 

Commission has 60 days from the date 

of publication to approve or disapprove 

the proposed rule or rule modification. 

The Authority submitted to the 

Commission a proposed rule on 

Assessment Methodology on January 7, 

2022. The Office of the Secretary of the 

Commission determined that the 

proposal complied with the 

Commission’s rule governing such 

submissions. This document publicizes 

the Authority’s proposed rule text and 

explanation, and it seeks public 

comment on whether the Commission 

should approve or disapprove the 

proposed rule. 

DATES: If approved, the HISA proposed 

rule would take effect immediately. 

Comments must be received on or 

before March 4, 2022. 

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 Assessment 

Methodology’’ on your comment and 

file your comment online at https://

www.regulations.gov under docket 

number FTC–2022–0014. 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, Suite CC–5610 (Annex B), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW, 5th Floor, Suite 5610 (Annex 

B), Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Austin King (202–326–3166), Associate 

General Counsel for Rulemaking, Office 

of the General Counsel, Federal Trade 

Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Self-Regulatory Organization’s Statement of 

the Background, Purpose of, and 

Statutory Basis for, the Proposed Rule 

a. Background and Purpose 

b. Statutory Basis 

II. Self-Regulatory Organization’s Statement 

of the Terms of Substance of the 

Proposed Rule and Discussion of 

Alternatives 

III. Self-Regulatory Organization’s Summary 

of Comments 

IV. Self-Regulatory Organization’s Response 

to Comments 

V. Legal Authority 

VI. Effective Date 

VII. Request for Comments 

VIII. Comment and Submissions 

IX. Communications by Outside Parities to 

the Commissioners or Their Advisors 

X. Self-Regulatory Organization’s Proposed 

Rule Language 

Background 

The Horseracing Integrity and Safety 

Act of 2020 1 recognizes a self-regulatory 

nonprofit organization, the Horseracing 

Integrity and Safety 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 

Horseracing Integrity and Safety Act of 

2020 and Commission Rule 1.142, 

notice is hereby given that, on January 

7, 2022, the Horseracing Integrity and 

Safety Authority (‘‘HISA’’ or the 

‘‘Authority’’) filed with the Federal 

Trade Commission a proposed 

Assessment Methodology rule and 

supporting documentation as described 

in Items I, II, III, IV, and X below, which 

Items have been prepared by HISA. The 

Office of the Secretary of the 

Commission determined that the filing 

complied with the Commission’s rule 

governing such submissions.5 The 

Commission publishes this notice to 

solicit comments on the proposed rule 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Background, Purpose 

of, and Statutory Basis for, the 

Proposed Rule 

a. Background and Purpose 

The Horseracing Integrity and Safety 

Act of 2020 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. As 

part of this endeavor, the Act, in 15 

U.S.C. 3053(a)(11), directs the 

Horseracing Integrity and Safety 

Authority (‘‘HISA’’ or the ‘‘Authority’’) 

to develop proposed rules relating to ‘‘a 

formula or methodology for determining 

assessments described in section 3052(f) 

of this title.’’ The Act requires that the 

Authority provide to each State racing 

commission an estimated amount 

required from the State to ‘‘(i) to fund 

the State’s proportionate share of the 


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6 15 U.S.C. 3052(f)(1)(C)(i). 

7 15 U.S.C. 3052(f)(1)(C)(ii). 

8 15 U.S.C. 3052(f)(3)(A). 

9 15 U.S.C. 3052(f)(3)(B). 

10 15 U.S.C. 3052(f)(3)(C). 

11 15 U.S.C. 3052(f)(3)(B). 

12 15 U.S.C. 3052(f)(1)(C)(ii). 

13Higher purses greatly influence the ability of 

Covered Persons to bear costs. It is also anticipated 

that stakes races and graded stakes races will have 

higher testing costs. 

14The Act’s requirements for proportionality 

among States, equitable allocation among Covered 

Persons within each State and the requirement 

imposed on the Authority to establish by rule ‘‘a 

formula or methodology for determining 

assessments’’ demonstrate that basing allocations 

on starts alone would not meet the full 

requirements of the Act. Therefore, the proposed 

rule uses the concept of Annual Covered Racing 

Starts to establish a weighted formula that meets all 

the Act’s requirements. 

15Exhibit 1 and Exhibit 2 utilize 2019 numbers 

because of the impact the pandemic had on 2020 

numbers. Due to the timing of this submission, it 

was not practical to utilize 2021 numbers. The 

Authority will rely upon the 2021 numbers in 

projecting the 2022 numbers. The Authority is 

relying upon Equibase data. Equibase is the official 

supplier of racing information and statistics to 

numerous entities including Breeders’ Cup, Daily 

Racing Form, and The Jockey Club. 

16To avoid an inequitable or skewed allocation, 

a State’s total will be adjusted so that no State’s 

assessment exceeds 10 percent of the purses in that 

State. This excess amount is allocated 

proportionately to all States that do not exceed the 

maximum, based on each State’s respective 

percentage of the Annual Covered Racing Starts. 

horseracing anti-doping and medication 

control program and the racetrack safety 

program for the next calendar year; and 

(ii) to liquidate the State’s proportionate 

share of any loan or funding shortfall in 

the current calendar year and any 

previous calendar year.’’ 6 A State’s 

proportionate share is to be based on the 

annual budget of the Authority, ‘‘the 

projected amount of covered racing 

starts for the year in each State’’ and 

‘‘take into account other sources of 

Authority revenue.’’ 7

If a State racing commission does not 

elect to remit fees pursuant to 15 U.S.C. 

3052(f)(2), then the Authority is 

required to, ‘‘not less frequently than 

monthly, calculate the applicable fee 

per racing start multiplied by the 

number of racing starts in the State 

during the preceding month.’’ 8 This 

calculation is required to be allocated 

equitably ‘‘among covered persons 

involved with covered horseraces 

pursuant to such rules as the Authority 

may promulgate’’ 9 and collected 

‘‘according to such rules as the 

Authority may promulgate.’’ 10

With the review, input, and ultimate 

approval of the Authority’s Board of 

Directors (the ‘‘Board’’), the Assessment 

Methodology proposed rule puts in 

place a methodology for determining 

assessments described in 15 U.S.C. 

3052(f). 

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 Assessment Methodology Proposed 

Rule and Discussion of Alternatives 

The Assessment Methodology 

proposed rule was guided by the 

purposes and objectives of the Act and 

the Act’s explicit directive that the 

Authority ‘‘allocate equitably’’ the 

calculated assessments among covered 

persons.11 The Act states that the basis 

of the funding calculation is a State’s 

proportionate share of ‘‘the projected 

amount of covered racing starts for the 

year in each State.’’ 12 The Act does not 

define ‘‘covered racing start.’’ The 

Authority was not in favor of simply 

treating all racing starts in a given State 

uniformly as a ‘‘covered racing start’’ 

because this would result in an 

inequitable allocation of costs. 

For example, if all starts in all races 

at all tracks were treated equally, West 

Virginia would have a larger 

proportionate share than Kentucky, 

even though the purses and entry fees 

generated by the Kentucky races dwarf 

those generated by West Virginia 

races.13 Instead, the Authority defined 

Annual Covered Racing Starts in a 

manner that is consistent with an 

equitable allocation of the funding 

needs of the Authority. Proposed Rule 

Series 8500 allocates 50 percent of 

Annual Covered Racing Starts to the 

number of projected starts (the 

‘‘Projected Starts’’) and the other 50 

percent reflects the size of the purses in 

the applicable State.14 This latter 

portion of the formula is derived from 

taking the total amount of purses in the 

State and dividing that amount by the 

number of projected starts (the 

‘‘Projected Purse Starts’’). Therefore, 

Annual Covered Racing Starts equals 50 

percent of Projected Starts and 50 

percent of Projected Purse Starts. 

Attached as Supporting Document 

Exhibit 1 is a spreadsheet that guided 

the Authority in developing the 

Assessment Methodology proposed 

rule.15 Exhibit 1 displays the 

proportionate share of each State per 

one million dollars and sets forth the 

calculations for Annual Covered Racing 

Starts.16

For States that do not elect to remit 

fees, the Authority recognized that it 

was not advisable or practicable to 

directly charge and collect from each 

covered person. Instead, the Assessment 

Methodology proposed rule places the 

responsibility on the covered racetracks 

in such States to collect the fees from 

covered persons, subject to the 

Authority’s approving the racetrack’s 

proposed assessments to covered 

persons. The amount each covered 

racetrack is responsible for collecting is 

based on the percentage of total purse 

money paid out for covered races 

conducted within the State over the 

relevant period. Supporting Document 

Exhibit 2 displays each covered 

racetrack’s proportionate share in the 

total purses in covered horseraces in the 

applicable State. 

III. Self-Regulatory Organization’s 

Summary of Comments 

As encouraged by the Commission’s 

procedural rule, prior to finalization of 

the submissions by the Authority to the 

Commission, a draft of the proposed 

Assessment Methodology rule was made 

available to the public for review and 

comment on the HISA website, https:// 

www.hisausregs.org/. On December 23, 

2021, HISA representatives shared the 

draft proposed Assessment 

Methodology with several interested 

stakeholders for input. Those interested 

stakeholders included: Racing Officials 

Accreditation Program; Racing 

Medication and Testing Consortium 

(Scientific Advisory Committee); Water 

Hay Oats Alliance; National 

Thoroughbred Racing Association; The 

Jockey Club; The Jockeys’ Guild; 

Thoroughbred Racing Association; 

Arapahoe Park; Grants Pass Downs; 

Arizona Downs; Colonial Downs; 

Thoroughbred Owners of California; 

California Horse Racing Board; National 

Horsemen’s Benevolent and Protective 

Association; Thoroughbred Horsemen’s 

Association Mid-Atlantic Safety 

Coalition; Thoroughbred Owners and 

Breeders Association; Kentucky 

Thoroughbred Association; American 

Association of Equine Practitioners; 

American Veterinary Medical 

Association; Delaware Racing 

Commission; New York Racing 

Association; Stronach Racing Group (5 

thoroughbred racetracks); Churchill 

Downs (6 thoroughbred racetracks); 

Keeneland; and Del Mar. No comments 

regarding the Assessment Methodology 

proposed rule were received by the 

Authority from these interested 

stakeholders. 

On December 23, 2021, the 

Assessment Methodology proposed rule 

was made available to the public for 

review and comment on the HISA 

website https://www.hisausregs.org/. 

One comment was received, and it is set 

forth and addressed below. 


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17 15 U.S.C. 3053(c)(2). 

18 15 U.S.C. 3053(e). 19 16 CFR 1.31; see Fed. Trade Comm’n, 

Procedures for Responding to Petitions for 

Rulemaking, 86 FR 59851 (Oct. 29, 2021). 20 16 CFR 1.31(b)(3). 21 15 U.S.C. 3053(e). 

IV. Self-Regulatory Organization’s 

Responses to Comments 

One comment was posted on the 

HISA website in response to the 

Methodology Rule Proposal, which 

reads in full: ‘‘If a State Racing 

Commission enters into an agreement 

with the authority to conduct some or 

all of the requirements, (notably 

collecting, submitting equine samples, 

and enforcement of violations), will the 

State Commissions costs be deducted 

from the authority and credit given for 

funds dedicated to testing, etc? A reply 

directly to our agency would be 

preferable.’’ 

Although this comment does not 

address the Assessment Methodology 

proposed rule, a representative of HISA 

contacted the individual who posted the 

comment to discuss the inquiry. By way 

of information, it is anticipated that 

States that enter into voluntary 

agreements with the Authority will 

receive some type of a credit. 

V. Legal Authority 

This rule is proposed by the Authority 

for approval or disapproval by the 

Commission under 15 U.S.C. 3053(c)(1). 

VI. Effective Date 

If approved by the Commission, this 

proposed rule will take effect 

immediately. 

VII. 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, as well as 

the written comments it received before 

submitting the proposed rule to the 

Commission, are available for public 

inspection at https://

www.regulations.gov under docket 

number FTC–2022–0014. 

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.’’ 17 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 must 

approve the proposed rule if the 

Commission finds that the proposed 

rule is consistent with the Act and the 

Commission’s procedural rule, the 

Commission may consider broader 

questions about the health and safety of 

horses or the integrity of horseraces and 

wagering on horseraces in another 

context: ‘‘The Commission may adopt 

an interim final rule, to take effect 

immediately, . . . if the Commission 

finds that such a rule is necessary to 

protect—(1) the health and safety of 

covered horses; or (2) the integrity of 

covered horseraces and wagering on 

those horseraces.’’ 18 The Commission 

may exercise its power to issue an 

interim final rule 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 that bear on protecting 

the health and safety of horses or the 

integrity of horseraces and wagering on 

horseraces but do not discuss whether 

HISA’s proposed rule on Assessment 

Methodology is consistent with the Act 

or the applicable rules, they should not 

submit a comment here. Instead, they 

are encouraged to submit a petition 

requesting that the Commission issue an 

interim final rule addressing the subject 

of interest. The petition must meet all 

the criteria established in the Rules of 

Practice (part 1, subpart D); 19 if it does, 

the petition will be published in the 

Federal Register for public comment. In 

particular, the petition for an interim 

final rule must ‘‘identify the problem 

the requested action is intended to 

address and explain why the requested 

action is necessary to address the 

problem.’’ 20 As relevant here, the 

petition should provide sufficient 

information for the public to comment 

on, and for the Commission to find, that 

the requested interim final rule is 

‘‘necessary to protect—(1) the health 

and safety of covered horses; or (2) the 

integrity of covered horseraces and 

wagering on those horseraces.’’ 21

VIII. 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 4, 2022. Write ‘‘HISA 

Assessment Methodology’’ on your 

comment. Your comment—including 

your name and your State—will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the website https://

www.regulations.gov. 

Because of the public health 

emergency in response to the COVID–19 

outbreak and the Commission’s 

heightened security screening, postal 

mail addressed to the Commission will 

be subject to delay. We strongly 

encourage you to submit your comments 

online through the https://

www.regulations.gov website. To ensure 

that the Commission considers your 

online comment, please follow the 

instructions on the web-based form. 

If you file your comment on paper, 

write ‘‘HISA Assessment Methodology’’ 

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, Suite CC– 

5610 (Annex B), Washington, DC 20580, 

or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex B), 

Washington, DC 20024. If possible, 

please submit your paper comment to 

the Commission by courier or 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 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 


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written 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. 

The FTC Act and other laws 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 4, 2022. For information on the 

Commission’s privacy policy, including 

routine uses permitted by the Privacy 

Act, see https://www.ftc.gov/ 

siteinformation/privacypolicy. 

IX. 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). 

X. Self-Regulatory Organization’s 

Proposed Rule Language 

Rule 8500 Series—Methodology for 

Determining Assessments 

8510 Definitions 

8520 Annual Calculation of Amounts 

Required 

8300 Disciplinary Hearings and 

Accreditation Procedures 

8310 Application 

8320 Adjudication of Violations of 

Established in the Rule 2200 Series 

8330 Adjudication of Rule 8100 Violations 

8340 Initial Hearings Conducted Before the 

Racetrack Safety Committee or the Board 

of the Authority 

8350 Appeal to the Board 

8360 Accreditation Procedures 

8370 Final Civil Sanction 

8400 Investigatory Powers 

8500. Methodology for Determining 

Assessments 

8510. Definitions 

For purposes of this Rule 8500 Series: 

(a) Annual Covered Racing Starts 

means, for the following calendar year, 

the sum of: (i) 50 percent of the number 

of Projected Starts; plus (ii) 50 percent 

of the number of Projected Purse Starts. 

(b) Covered Horserace has the 

meaning set forth in 15 U.S.C. 3051(5). 

(c) Projected Starts means the number 

of starts in Covered Horseraces in the 

previous 12 months as reported by 

Equibase, after taking into consideration 

alterations in the racing calendar of the 

relevant State(s) for the following 

calendar year. 

(d) Projected Purse Starts means: (i) 

The total amount of purses for Covered 

Horseraces as reported by Equibase (not 

including the Breeders’ Cup World 

Championships Races), after taking into 

consideration alterations in purses for 

the relevant State(s) for the following 

calendar year, divided by (ii) the 

Projected Starts for the following 

calendar year. 

(e) Racetrack has the meaning set 

forth in 15 U.S.C. 3051(15). 

8520. Annual Calculation of Amounts 

Required 

(a) If a State racing commission elects 

to remit fees pursuant to 15 U.S.C. 

3052(f)(2), the State racing commission 

shall notify the Authority in writing on 

or before May 2, 2022 of its decision to 

elect to remit fees. 

(b) Not later than April 1, 2022, and 

not later than November 1 of each year 

thereafter, the Authority shall determine 

and provide to each State Racing 

Commission the estimated amount 

required from each State pursuant to the 

calculation set forth in Rule 8520(c) 

below. 

(c) Upon the approval of the budget 

for the following calendar year by the 

Board of the Authority, and after taking 

into account other sources of Authority 

revenue, the Authority shall allocate the 

calculation due from each State 

pursuant to 15 U.S.C. 3052(f)(1)(C)(i) 

proportionally by each State’s respective 

percentage of the Annual Covered 

Racing Starts. The proportional 

calculation for each State’s respective 

percentage of the Annual Covered 

Racing Starts shall be calculated as 

follows: 

(1) The total amount due from all 

States pursuant to 15 U.S.C. 

3052(f)(1)(C)(i) shall be divided by the 

Projected Starts of all Covered 

Horseraces; then 

(2) 50 percent of the quotient 

calculated in (c)(1) is multiplied by the 

quotient of (i) the relevant State’s 

percentage of the total amount of purses 

for all Covered Horseraces as reported 

by Equibase (not including the Breeders’ 

Cup World Championships Races), after 

taking into consideration alterations in 

purses for the relevant State for the 

following calendar year; divided by (ii) 

the relevant State’s percentage of the 

Projected Starts of all Covered 

Horseraces starts; then 

(3) the sum of the product of the 

calculation in (c)(2) and 50 percent of 

the quotient calculated in (c)(1) is 

multiplied by the Projected Starts in the 

applicable State. 

Provided however, that no State’s 

allocation shall exceed 10 percent of the 

total amount of purses for Covered 

Horseraces as reported by Equibase in 

the State (not including the Breeders’ 

Cup World Championships Races). All 

amounts in excess of the 10 percent 

maximum shall be allocated 

proportionally to all States that do not 

exceed the maximum, based on each 

State’s respective percentage of the 

Annual Covered Racing Starts. 

(d) Pursuant to 15 U.S.C. 

3052(f)(2)(B), a State racing commission 

that elects to remit fees shall remit fees 

on a monthly basis and each payment 

shall equal one-twelfth of the estimated 

annual amount required from the State 

for the following year. 

(e) If a State racing commission does 

not elect to remit fees pursuant to 15 

U.S.C. 3052(f)(2): 

(1) The Authority shall on a monthly 

basis calculate and notify each 

Racetrack in the State of the applicable 

fee per racing start for the next month 

based upon the following calculations: 

(i) Calculate the amount due from the 

State as if the State had elected to remit 

fees pursuant to 15 U.S.C. 3052(f)(2) (the 

‘‘Annual Calculation’’). 

(ii) Calculate the number of starts in 

Covered Horseraces in the previous 

twelve months as reported by Equibase 

(the ‘‘Total Starts’’). 

(iii) Calculate the number of starts in 

Covered Horseraces in the previous 

month as reported by Equibase (the 

‘‘Monthly Starts’’). 

(iv) The applicable fee per racing start 

shall equal the quotient of Monthly 

Starts, divided by Total Starts, 

multiplied by the Annual Calculation. 

(2) The Authority shall on a monthly 

basis calculate and notify each 

Racetrack in the jurisdiction of the 

following calculations: 

(i) Multiply the number of starts in 

Covered Horseraces in the previous 

month by the applicable fee per racing 

start calculated pursuant to paragraph 

(e)(1)(iv) above. 

(ii) The calculation set forth in 15 

U.S.C. 3052(f)(3)(A) shall be equal to the 

amount calculated pursuant to 

paragraph (e)(2)(i) (the ‘‘Assessment 

Calculation’’). 


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Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 9353 

(3) The Authority shall allocate the 

monthly Assessment Calculation 

proportionally based on each 

Racetrack’s proportionate share in the 

total purses in Covered Horseraces in 

the State over the next month and shall 

notify each Racetrack in the jurisdiction 

of the amount required from the 

Racetrack. Each Racetrack shall pay its 

share of the Assessment Calculation to 

the Authority within 30 days of the end 

of the monthly period. 

(4) Not later than May 1, 2022 and not 

later than November 1 each year 

thereafter, each Racetrack in the State 

shall submit to the Authority its 

proposal for the allocation of the 

Assessment Calculation among covered 

persons involved with Covered 

Horseraces (the ‘‘Covered Persons 

Allocation’’). On or before 30 days from 

the receipt of the Covered Persons 

Allocation from the Racetrack, the 

Authority shall determine whether the 

Covered Persons Allocation has been 

allocated equitably in accordance with 

15 U.S.C. 3052(f)(3)(B), and, if so, the 

Authority shall notify the Racetrack that 

the Covered Persons Allocation is 

approved. If a Racetrack fails to submit 

its proposed Covered Person Allocation 

in accordance with the deadlines set 

forth in this paragraph, or if the 

Authority has not approved the Covered 

Persons Allocation in accordance with 

this paragraph, the Authority shall 

determine the Covered Persons 

Allocation for the Racetrack. Upon the 

approval of or the determination by the 

Authority of the Covered Persons 

Allocation, the Racetrack shall collect 

the Covered Persons Allocation from the 

covered persons involved with Covered 

Horseraces. 

(f) All notices required to be given to 

the Authority pursuant to the Act and 

these rules must be in writing and must 

be mailed to 401 West Main Street, 

Suite 222, Lexington, Kentucky 40507, 

and emailed to feedback@hisaus.org. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2022–03717 Filed 2–17–22; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0075; Docket No. 

2022–0053; Sequence No. 7] 

Information Collection; Government 

Property 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, and 

the Office of Management and Budget 

(OMB) regulations, DoD, GSA, and 

NASA invite the public to comment on 

an extension concerning government 

property. DoD, GSA, and NASA invite 

comments on: Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of Federal Government 

acquisitions, including whether the 

information will have practical utility; 

the accuracy of the estimate of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and ways to minimize the 

burden of the information collection on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

OMB has approved this information 

collection for use through April 30, 

2022. DoD, GSA, and NASA propose 

that OMB extend its approval for use for 

three additional years beyond the 

current expiration date. 

DATES: DoD, GSA, and NASA will 

consider all comments received by April 

19, 2022. 

ADDRESSES: DoD, GSA, and NASA 

invite interested persons to submit 

comments on this collection through 

https://www.regulations.gov and follow 

the instructions on the site. This website 

provides the ability to type short 

comments directly into the comment 

field or attach a file for lengthier 

comments. If there are difficulties 

submitting comments, contact the GSA 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegSec@gsa.gov. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0075, 

Government Property. Comments 

received generally will be posted 

without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: 

Zenaida Delgado, Procurement Analyst, 

at telephone 202–969–7207, or 

zenaida.delgado@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and any 

Associated Form(s) 

9000–0075, Government Property, 

and Standard Forms 1428, and 1429. 

B. Need and Uses 

This clearance covers the information 

that contractors must submit to comply 

with the following Federal Acquisition 

Regulation (FAR) requirements: 

1. FAR clause 52.245–1, Government 

Property. 

a. Paragraph (f)(1)(ii) requires 

contractors to document the receipt of 

Government property. 

b. Paragraph (f)(1)(ii)(A) requires 

contractors to submit a written 

statement to the Property Administrator 

containing all relevant facts, such as 

cause or condition and a recommended 

course(s) of action, if overages, 

shortages, or damages and/or other 

discrepancies are discovered upon 

receipt of Government-furnished 

property. 

c. Paragraph (f)(1)(iii) requires 

contractors to create and maintain 

records of all Government property 

accountable to the contract, including 

Government-furnished and Contractoracquired property. Property records 

shall, unless otherwise approved by the 

Property Administrator, contain the 

following: 

i. The name, part number and 

description, National Stock Number (if 

needed for additional item 

identification tracking and/or 

disposition), and other data elements as 

necessary and required in accordance 

with the terms and conditions of the 

contract. 

ii. Quantity received (or fabricated), 

issued, and balance-on-hand. 

iii. Unit acquisition cost. 

iv. Unique-item identifier or 

equivalent (if available and necessary 

for individual item tracking). 

v. Unit of measure. 

vi. Accountable contract number or 

equivalent code designation. 

vii. Location. 

viii. Disposition. 

ix. Posting reference and date of 

transaction. 


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