29862 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 

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 through 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). 

6 15 U.S.C. 3054(d)(1). 

Authority: 5 U.S.C. 552b(e)(1). 

Dated: May 11, 2022. 

Dharmesh Vashee, 

General Counsel, Federal Retirement Thrift 

Investment Board. 

[FR Doc. 2022–10496 Filed 5–16–22; 8:45 am] 

BILLING CODE P 

FEDERAL TRADE COMMISSION 

[File No. P222100] 

HISA Registration 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 

Registration on April 25, 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 on July 1, 2022. 

Comments must be received on or 

before May 31, 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 Registration’’ on 

your comment and file your comment 

online at https://www.regulations.gov 

under docket number FTC–2022–0028. 

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 Received Pre-Submission 

and Its Responses to Those Comments 

IV. Legal Authority 

V. Effective Date 

VI. Request for Comments 

VII. Comment and Submissions 

VIII. Communications by Outside Parities to 

the Commissioners or Their Advisors 

IX. 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 April 25, 

2022, the Horseracing Integrity and 

Safety Authority (‘‘HISA’’ or the 

‘‘Authority’’) filed with the Federal 

Trade Commission a proposed 

Registration rule and supporting 

documentation as described in Items I, 

II, III, IV, and IX 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 (‘‘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. The 

Act specifically states that the 

Commission, the Authority, and the 

anti-doping medication control 

enforcement agency ‘‘shall have safety, 

performance, and anti-doping and 

medication control authority over 

covered persons similar to such 

authority of the State racing 

commissions before the program 

effective date.’’ State racing 

commissions routinely license 

participants in horse racing as a 

prerequisite for participation in the 

sport. In the same manner, Congress 

mandated in the Act that the Authority 

require the registration of Covered 

Persons: ‘‘As a condition of 

participating in covered races and in the 

care, ownership, treatment, and training 

of covered horses, a covered person 

shall register with the Authority in 

accordance with rules promulgated by 

the Authority and approved by the 

Commission in accordance with section 

3053 of this title.’’ 6

In requiring the registration of 

Covered Persons, Congress recognized 

that the effective regulation of 

horseracing under the Act requires that 

Covered Persons participating in 

Covered Horseraces must be identifiable 

as individuals to the Authority. This is 

necessary for a number of reasons, 

including the need to contact a Covered 

Person to request information required 

under Authority rules and to initiate 

disciplinary proceedings if a Covered 

Person fails to comply with the rules. To 

this end, the Registration proposed rule 

requires a Covered Person to register 

with the Authority, providing his or her 

name, contact information, state 

licensing status, and other pertinent 

information to the Authority. The 

Registration proposed rule fulfills 

Congress’s registration mandate by 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 29863 

establishing the procedures and rules 

under which Covered Persons register 

with the Authority. The Registration 

proposed rule also requires Covered 

Persons to ensure that Covered Horses 

for which they are responsible are 

registered with the Authority. In 

registering Covered Horses, Covered 

Persons must identify the location of the 

Covered Horse and provide the equine 

vaccine and health information required 

by Rule 2143 of the Authority’s 

Racetrack Safety Rules. These 

requirements serve the vital function of 

enabling the Authority to quickly locate 

a Covered Horse if medication testing is 

required or if a Covered Horse’s health 

and safety becomes a concern and to 

review the health and vaccine 

information entered into the Authority’s 

database at the time of registration. 

In developing the Registration 

proposed rule, the Authority considered 

creating a registration system that 

paralleled existing state licensing 

requirements. State licensing schemes 

routinely require substantial amounts of 

information from a license applicant, 

including the applicant’s licensing and 

disciplinary history, citizenship status, 

criminal history, civil judgments 

entered against the applicant, and 

employment status; similar information 

is often required regarding an 

applicant’s spouse. (Attached as 

supporting documentation are the 

licensing rules and applications that the 

Authority consulted in developing the 

Registration proposed rule). Ultimately, 

the Authority opted not to fully 

duplicate state licensing information 

requirements, since the Authority may 

obtain information concerning state 

licensees from cooperating state racing 

commissions, the Association of Racing 

Commissioners International, and The 

Jockey Club. The Authority’s 

Registration proposed rule therefore 

creates a narrower and more 

streamlined process that focuses 

primarily on requiring Covered Persons 

to provide and update contact 

information, to register Covered Horses 

as necessary, and to agree to comply 

with the rules, standards, and 

procedures developed and approved 

under 15 U.S.C. 3054(c). Certain 

categories of Covered Persons are 

required to submit additional 

information. Veterinarians are required 

to list the jurisdictions in which they 

are currently licensed by state 

veterinary licensing authorities. Jockeys 

are required to provide the names of the 

jockey agents who represent them, and 

jockey agents are in turn required to 

identify the jockeys they represent. 

Racetracks are required to identify the 

majority or controlling interests of the 

Racetrack and to report any changes in 

ownership and control to the Authority. 

The Registration proposed rule will 

affect Covered Persons by requiring 

them to register with the Authority and 

provide and update the information 

specified in the proposed rule. The 

Registration proposed rule also requires 

Covered Persons to agree to comply 

with all rules, standards, and 

procedures developed and approved 

under 15 U.S.C. 3054(c). As noted 

previously, the registration process is 

necessary for the effective regulation of 

Covered Persons, but it is not overly 

burdensome and is less extensive than 

state licensing requirements. The 

Registration proposed rule affects 

Covered Horses by requiring a Covered 

Person to register with the Authority all 

Covered Horses for which the Covered 

Person is the Responsible Person. (The 

Responsible Person concept is more 

fully described below in Item II of this 

Notice, the ‘‘Self-Regulatory 

Organization’s Statement of the Terms 

of Substance of the Proposed Rules’’). 

The safety and welfare of Covered 

Horses will be enhanced by their 

registration with the Authority, since, as 

described previously, the Authority will 

be able to locate a horse for testing and 

safety purposes and to review the horse 

health information provided during 

registration. The registration of Covered 

Horses and Covered Persons, including 

racetracks, will further the purpose of 

enhancing the safety, welfare, and 

integrity of Covered Persons and 

Covered Horses, and the safe conduct of 

Covered Horseraces will be significantly 

enhanced as a result. 

The Registration proposed rule is 

consistent with the Act in that it 

complies with and fulfills the Act’s 

specific mandate in 15 U.S.C. 3054(d)(1) 

to require the registration of Covered 

Persons with the Authority in 

accordance with rules promulgated by 

the Authority and approved by the 

Commission. The Registration proposed 

rule 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. 

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 Registration Proposed Rule and 

Discussion of Alternatives 

The Authority’s Registration proposed 

rule was guided by the purposes and 

objectives of the Act, 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 proposed 

rule establishes the requirements and 

procedures for the registration of 

Covered Persons. 

Covered Persons are required to 

register for 12-month periods and, at the 

end of this period, to review and update 

registration information previously 

submitted to the Authority. The 

Registration proposed rule sets forth the 

information required for a Covered 

Person to register, including name and 

contact information, identification of 

the states in which the Covered Person 

is currently licensed, and the 

occupations for which the Covered 

Person is licensed. The registration 

website allows a registrant to upload a 

copy of a currently valid racing license, 

from which the computerized 

registration system extracts information 

that permits the Authority to verify the 

registrant’s identity and compare it with 

the databases of The Jockey Club and 

the Association of Racing 

Commissioners International. If the user 

is unable to upload a photo of the racing 

license, the website will allow the user 

to manually enter all required 

information. 

Particular provisions have been 

included regarding certain categories of 

Covered Persons. Veterinarians are 

required to identity those states in 

which they are licensed to practice 

veterinary medicine. Jockeys are 

required to provide the names of the 

jockey agents who represent them, and 

jockey agents are similarly required to 

identify the jockeys they represent. 

Racetracks are defined in the Act as 

Covered Persons, and are required to 

provide the racetrack’s physical address, 

mailing address, phone number, and 

general delivery email address. In 

addition, racetracks are required to 

provide the name and contact 

information for the Director or Officer 

with the principal responsibility for 

conducting Covered Horseraces. This 

person will serve as the Authority’s 

primary point of contact in 

communicating with the racetrack. 

Racetracks are also required to identify 

the majority or controlling ownership 

interests of the racetrack. 


khammond on DSKJM1Z7X2PROD with NOTICES
29864 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 

7 15 U.S.C. 3051(4) (‘‘Covered Horse. The term 

‘covered horse’ means any Thoroughbred horse, or 

any other horse made subject to this chapter by 

election of the applicable State racing commission 

or the breed governing organization for such horse 

under section 3054(j) of this title, during the 

period—(A) beginning 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; and (B) ending on the date on which the 

Authority receives written notice that the horse has 

been retired.’’). 

8 Definition of Responsible Person in Rule 2010: 

‘‘Responsible Person means the individual 

designated in the registration with the Authority as 

the Responsible Person in accordance with the 

following: (1) For a Covered Horse that has not yet 

performed its first Workout (or competed in a Race, 

whichever is earlier), the Responsible Person shall 

be the Owner of the Covered Horse unless the Horse 

is in training in another country. (2) Once in 

training, the Responsible Person shall be the 

licensed Trainer for the Covered Horse. The 

licensed Trainer’s designation as the Responsible 

Person shall be filed with the Authority. The 

Trainer designation must be kept current with the 

Authority. Designation transfers must be in writing 

and on record with the Authority prior to the 

effective date of the transfer, except for claiming 

Races in which transfers must be recorded the same 

day. (3) If a Covered Horse ceases training for a 

period of time, the designation may be transferred 

to the Owner prior to the effective date. (4) If the 

Owner is an entity, the managing Owner shall be 

named.’’ 

9Thoroughbred Horsemen’s Association (‘‘THA’’) 

and the Jockey’s Guild (‘‘Jockey’s Guild’’). 

10THA, Jockey’s Guild. 

11THA. 

12Racing Officials Accreditation Program. 

13THA, Jockey’s Guild. 

14THA. 

The Registration proposed rule 

includes a provision exempting from the 

registration requirement persons 

performing certain functions at a 

racetrack. The exemption is set forth in 

paragraph (f) of the rule as follows: 

‘‘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.’’ 

The Act, in 15 U.S.C. 3054(d)(2), 

specifically requires that registration 

include ‘‘an agreement by the covered 

person to be subject to and comply with 

the rules, standards, and procedures 

developed and approved under [15 

U.S.C. 3054(c)].’’ The Registration 

proposed rule includes a provision that 

requires a Covered Person to agree to 

these rules, standards, and procedures, 

and further states that these rules, 

standards, and procedures are set forth 

in the Authority’s Rule 8000 Series. The 

Authority’s registration website also 

requires the Covered Person to affirm 

this agreement and provides a link to 

the Rule 8000 Series if the Covered 

Person desires to read the rules. 

The Registration proposed rule further 

requires that the information provided 

by a Covered Person be complete and 

correct, and it requires Covered Persons 

to update registration information to 

accurately report any material changes 

in the information required for 

registration. The Registration proposed 

rule also establishes penalties for failure 

to register with the Authority, for 

making a knowingly false statement or 

omission of information in an 

application for registration with the 

Authority, and for failure to advise the 

Authority of material changes in 

information provided to the Authority 

as required under any provision in 

Authority rules. 

The Act defines Covered Horse at 15 

U.S.C. 3051(4).7 A key requirement in 

the Authority’s regulation scheme is 

that all Covered Horses shall have at all 

times a Responsible Person who is 

ultimately responsible for the safety and 

welfare of the Covered Horse. The 

definition of Responsible Person was 

developed by the Racetrack Safety 

Committee and is set forth in the 

Racetrack Safety and Accreditation Rule 

2000 Series.8 The Registration proposed 

rule requires that Responsible Persons, 

as defined in Rule 2010 of the Racetrack 

Safety Rules, shall ensure that Covered 

Horses are registered with the 

Authority. The Registration proposed 

rule specifies the information to be 

submitted, including the Covered 

Horse’s name and year of birth, the dam 

of the Covered Horse, the ID number of 

the Owner of the covered Horse, the 

horse’s location and Vaccine and Health 

Information required in Rule 2143 of the 

Racetrack Safety Regulations, and other 

information reasonably required by the 

Authority to fulfill its statutory duties 

under the Act. The Registration 

proposed rule also makes clear that 

failure to register a Covered Horse shall 

constitute a violation and is subject to 

the sanctions set forth in Rule 8200 and 

the disciplinary procedures set forth in 

Rule 8300. 

III. Self-Regulatory Organization’s 

Summary of Comments Received PreSubmission and Its Responses to Those 

Comments 

As encouraged by the Commission’s 

procedural rule, the Authority, before 

finalizing this submission to the 

Commission, made a draft of the 

Registration proposed rule available to 

the public for review and comment on 

the HISA website, https://

www.hisausregs.org/. Comments on the 

Registration proposed rule were 

received from various individuals and 

groups in the horseracing industry. 

Some commenters urged that 

accommodation be made for members of 

the horseracing industry who do not 

have access to computers or are not 

computer literate.9 The Authority 

recognizes that this can be a concern. 

But the registration process is not 

complex, and assistance is often 

available from other members of the 

industry and from horseracing 

organizations such as the Jockey’s 

Guild. Concerns were also expressed 

about members of the horseracing 

industry who do not speak English.10

The Authority is developing the website 

to accommodate the many Spanishspeaking members of the horseracing 

industry. One commenter asked 

whether a fee will be imposed for 

registration.11 The Authority will not be 

imposing registration fees at this time. 

One commenter offered suggested 

language to be added to the Registration 

proposed rule, similar to the more 

extensive information requirements of 

state licensing applications.12 Other 

commenters asked whether the 

Authority would collaborate with state 

racing commissions in obtaining 

information pertaining to HISA 

registrants that has previously been 

submitted to state racing 

commissions.13 Some commenters 

assumed that the HISA registration 

system would duplicate the state 

licensing system in many respects. As 

noted elsewhere in this filing, the 

Registration proposed rule will not 

require the extensive licensing, 

disciplinary, employment, and spousal 

information that state racing 

commissions routinely require, and it 

will therefore not duplicate state 

licensing information requirements. The 

Registration proposed rule will focus 

primarily on the identification of 

Covered Persons and Covered Horses. 

The Authority will collaborate with the 

state racing commissions and other 

organizations as needed if additional 

information specific to a particular 

individual is required. 

A commenter asked how information 

concerning horses will be kept current, 

in view of the fact that horse ownership, 

custody, and control can change 

frequently.14 The commenter asked 

whether it is realistic to assume that 

owners and trainers will be in frequent 

contact with HISA to update ownership 

and control. The commenter asked 

whether this information can be 

obtained directly from the racetracks 

through their internal systems or 

InCompass. In response to these 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 29865 

15Colonial Downs. 

16 Jockey’s Guild. 

17The Act defines jockey as ‘‘a rider or driver of 

a covered horse in covered horseraces.’’ 15 U.S.C. 

3051(12). 

18 Jockey’s Guild. 

19 Jockey’s Guild. 

20American Association of Equine Practitioners. 

21Maryland Racing Commission. 

22The Jockey Club, Racing Officials Accreditation 

Program. 

23 15 U.S.C. 3053(c)(2). 24 15 U.S.C. 3053(e). 

comments, the Authority notes that the 

InCompass system records the name of 

the trainer at the time of entry and of 

racing but does not track the identity of 

the trainer at any other time. The 

Authority believes that the registration 

of horses is vital to securing horse safety 

and welfare and that the requirements 

placed upon Responsible Persons are 

not unreasonable or burdensome. The 

Authority’s website registration system 

has been specifically designed to be 

user-friendly and to make registration a 

relatively simple and time-efficient 

process. The commenter asked several 

questions as to how personal 

information will be maintained and the 

privacy of rights of individual secured. 

The Authority has developed privacy 

policies and a terms-and-conditions 

policy that will govern these matters. 

A commenter asked whether certain 

classes of individuals are Covered 

Persons required to register, including 

personnel working for horsemen’s 

organizations and suppliers who have 

access to certain areas of the racetrack. 

In response, the Authority states that the 

Registration proposed rule and the 

exemption provision in paragraph 

9000(f) of the rule make clear those 

persons who are required to register. 

Another commenter offered suggestions 

to clarify the language in an early draft 

of the Registration proposed rule 

concerning persons who are exempted 

from registration.15 The suggestions 

were helpful to the Authority in 

finalizing the language in the 

registration exemption. 

A commenter asked whether Covered 

Persons will include jockeys engaged in 

quarter horse racing.16 Currently, 

quarter horse racing is not subject to the 

Act. Quarter horse jockeys will not be 

required to register, unless they 

participate in thoroughbred races.17

A commenter asked whether the 

current penalty structure in Rule 8300, 

which authorizes penalties of up to 

$50,000.00 for a first violation, can be 

tailored to the specific violations of the 

Registration proposed rule, including 

the failure to update contact 

information.18 The commenter noted 

that some of the penalties would be 

excessive as applied to a person who 

fails to update contact information. The 

Authority believes that the current 

penalty structure, which offers 

considerable flexibility in tailoring 

penalties to the nature of a violation, 

will not result in excessive penalties for 

failure to update contact information or 

other violations. 

A commenter asked whether changes 

in jockey and agent relationships, which 

are currently provided to the racing 

office or stewards at the track where the 

jockey is riding, can be automatically 

updated.19 In response, the Authority 

states that it would be impractical to 

attempt to obtain this information from 

every racetrack in operation in the 

United States. The HISA website 

provides a centralized method of 

obtaining the information, and it is a 

simple process for jockeys and jockey 

agents to record and update the required 

information on the website. 

One commenter asked to be kept 

informed as to whether horses at the 

two-year-old training sales will be 

considered Covered Horses.20 Pursuant 

to 15 U.S.C. 3051(4) and Rule 2010, a 

horse is not a Covered Horse until the 

horse’s first timed and reported 

workout. Workouts at two-year-old 

training sales are not considered timed 

and reported workouts. It is possible 

that the Authority may be addressing 

this issue in the anti-doping and 

medication control rules, which will be 

published at a future date. 

One commenter noted that owners do 

not always receive photo IDs from the 

various state racing commissions by 

which they are licensed.21 The HISA 

registration system does not require that 

a license contain a photo of the licensee. 

The commenter also noted that the 

National Racing License issued by the 

National Racing Compact is not a 

physical document that can be 

uploaded. In response to this comment 

and to avoid confusion, the Authority 

deleted a reference to the National 

Racing License in the Registration 

proposed rule. 

Several commenters offered 

suggestions concerning helpful minor 

adjustments of the language used in 

early drafts of the Registration proposed 

rule. These comments were carefully 

reviewed, and several of the changes 

were incorporated into the draft 

Registration proposed rule as it 

developed into its final form.22

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. Effective Date 

If approved by the Commission, this 

proposed rule will take effect on July 1, 

2022. 

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, 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–2022–0028. 

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.’’ 23 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.’’ 24 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 Registration is 

consistent with the Act or the applicable 

rules, they should not submit a 


khammond on DSKJM1Z7X2PROD with NOTICES
29866 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 

25 16 CFR 1.31; see Fed. Trade Comm’n, 

Procedures for Responding to Petitions for 

Rulemaking, 86 FR 59851 (Oct. 29, 2021). 

26 16 CFR 1.31(b)(3). 

27 15 U.S.C. 3053(e). 

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); 25 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.’’ 26 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.’’ 27

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 May 31, 2022. Write ‘‘HISA 

Registration’’ 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 Registration’’ 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 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 

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 the 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 May 31, 2022. 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 

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. At 

the end of each successive twelvemonth period, calculated from the date 

of a Covered Person’s initial registration, 

a Covered Person shall be required to 

review the accuracy of information 

previously submitted on the website 

and to 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 

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 mobile phone 

number or email address, or both if available; 

(3) Identification of all racing jurisdictions 

in which the Covered Person is currently 

licensed and the occupation(s) for which the 

Covered Person is licensed; 

(4) An image of at least one currently valid 

license issued to the Covered Person by a 

racing regulatory authority; and 

(5) 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 

list the jurisdictions in which the 

registrant is currently licensed by state 

veterinary licensing authorities. 

(e) Racetracks. A Racetrack licensed 

by a state racing commission to conduct 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 29867 

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; and 

(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 of the change. 

(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) Accuracy of and Changes to 

Registration Information. 

(1) Complete and Correct Information. 

Information provided by a Covered Person in 

the course of registration shall be complete 

and correct. 

(2) Material Changes in Registration 

Information. A Covered Person registered 

with the Authority shall update registration 

information to accurately report any material 

changes in any information required for 

registration by the Authority. 

(3) Penalties. As set forth in Rule 8100(g), 

failure to register with the Authority, making 

a knowingly false statement or omission of 

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. 

(i) 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. 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 ID number of the Owner of the 

Covered Horse; 

(4) The location of the Covered Horse; 

(5) The Vaccine and Health Information 

required by Rule 2143; and 

(6) Any other information reasonably 

required by the Authority to fulfill its 

statutory duties under the Act. 

(j) Penalty for Failure to Register a 

Covered Horse. Failure by a Responsible 

Person to register a Covered Horse with 

the Authority 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. 

Joel Christie, 

Acting Secretary. 

[FR Doc. 2022–10709 Filed 5–16–22; 8:45 am] 

BILLING CODE 6750–01–P 

GENERAL SERVICES 

ADMINISTRATION 

[Notice–PBS–2022–01; Docket No. 2022– 

0002; Sequence No. 09] 

Federal Management Regulation; 

Designation of Federal Building 

AGENCY: Public Buildings Service (PBS), 

General Services Administration (GSA). 

ACTION: Notice of a bulletin. 

SUMMARY: The attached bulletin 

announces the redesignation of a 

Federal building. 

DATES: This bulletin expires November 

16, 2022. The building designation 

remains in effect until canceled or 

superseded by another bulletin. 

FOR FURTHER INFORMATION CONTACT: 

General Services Administration, Public 

Buildings Service (PBS), Office of 

Portfolio Management, Attn: Chandra 

Kelley, 77 Forsyth Street SW, Atlanta, 

GA 30303, at 404–562–2763, or by email 

at chandra.kelley@gsa.gov. 

SUPPLEMENTARY INFORMATION: This 

bulletin announces the redesignation of 

a Federal building. Public Law 117–74, 

dated December 21, 2021, redesignated 

the Federal building located at 167 

North Main Street in Memphis, TN, as 

the ‘‘Odell Horton Federal Building.’’ 

Katy Kale, 

Deputy Administrator of General Services. 

[FR Doc. 2022–10478 Filed 5–16–22; 8:45 am] 

BILLING CODE 6820–Y1–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2021–N–1226] 

Howard Stanley Head, Jr.: Final 

Debarment Order 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing an 

order under the Federal Food, Drug, and 

Cosmetic Act (FD&C Act) debarring 

Howard Stanley Head, Jr. for a period of 

5 years from importing or offering for 

import any drug into the United States. 

FDA bases this order on a finding that 

Mr. Head was convicted of one felony 

count under Federal law for conspiracy 

to import misbranded prescription 

drugs. The factual basis supporting Mr. 

Head’s conviction, as described below, 

is conduct relating to the importation 

into the United States of a drug or 

controlled substance. Mr. Head was 

given notice of the proposed debarment 

and was given an opportunity to request 

a hearing to show why he should not be 

debarred. As of March 24, 2022 (30 days 

after receipt of the notice), Mr. Head had 

not responded. Mr. Head’s failure to 

respond and request a hearing 

constitutes a waiver of his right to a 

hearing concerning this matter. 

DATES: This order is applicable May 17, 

2022. 

ADDRESSES: Submit applications for 

termination of debarment to the Dockets 

Management Staff, Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852, 240–402– 

7500, or at https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jaime Espinosa, Division of Enforcement 

(ELEM–4029), Office of Strategic 

Planning and Operational Policy, Office 

of Regulatory Affairs, Food and Drug 

Administration, 12420 Parklawn Dr., 

Rockville, MD 20857, 240–402–8743, or 

at debarments@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 306(b)(1)(D) of the FD&C Act 

(21 U.S.C. 335a(b)(1)(D)) permits 

debarment of an individual from 

importing or offering for import any 

drug into the United States if FDA finds, 

as required by section 306(b)(3)(C) of the 

FD&C Act, that the individual has been 

convicted of a felony for conduct 

relating to the importation into the 

United States of any drug or controlled 

substance. 


khammond on DSKJM1Z7X2PROD with NOTICES