Horse Protection Amendments; Correction

Published date05 June 2024
Record Number2024-12315
Citation89 FR 48131
CourtAnimal And Plant Health Inspection Service
SectionRules and Regulations
Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)
[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
                [Rules and Regulations]
                [Pages 48131-48132]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-12315]
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                DEPARTMENT OF AGRICULTURE
                Animal and Plant Health Inspection Service
                9 CFR Part 11
                [Docket No. APHIS-2022-0004]
                RIN 0579-AE70
                Horse Protection Amendments; Correction
                AGENCY: Animal and Plant Health Inspection Service, USDA.
                ACTION: Final rule; correction.
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                SUMMARY: This document corrects errors in amendatory instructions in
                the final rule entitled ``Horse Protection Amendments,'' which was
                published in the Federal Register on May 8, 2024.
                DATES: The corrections in this document are effective on June 7, 2024.
                FOR FURTHER INFORMATION CONTACT: Dr. Aaron Rhyner, DVM, Assistant
                Director, USDA-APHIS-Animal Care, 2150 Centre Ave., Building B,
                Mailstop 3W11, Fort Collins, CO 80526-8117; [email protected];
                (970) 494-7484.
                SUPPLEMENTARY INFORMATION: In Federal Register Doc. 2024-09469 (89 FR
                39194-39251), a final rule entitled ``Horse Protection Amendments'', we
                set an effective date of February 1, 2025, for 9 CFR part 11, except
                for Sec. 11.19, which was stated to have an effective date of June 7,
                2024. However, the amendatory instructions, as written, would not allow
                for Sec. 11.19 to be added to the regulations on June 7, 2024. This
                document corrects the error.
                Corrections
                 In FR Doc. 2024-09469, appearing at 89 FR 39194-39251 in the
                Federal Register on May 8, 2024, the following corrections are made:
                0
                1. On page 39244, in the second column, revise the words of issuance to
                read as follows:
                [[Page 48132]]
                 ``For the reasons discussed in the preamble, APHIS amends 9 CFR
                part 11 as follows:''
                PART 11 [CORRECTED]
                0
                2. On page 39244, in the second column, preceding the part 11 heading,
                add amendatory instruction 1 for part 11 to read as follows:
                 ``[squf] 1. Effective February 1, 2025, revise part 11 to read as
                follows:''
                Sec. 11.19 [Corrected]
                0
                3. On page 39251, in the third column, above the signature block, add
                amendatory instruction 2 for Sec. 11.19 and the accompanying
                regulatory text to read as follows:
                 ``[squf] 2. Effective June 7, 2024, add Sec. 11.19 to read as
                follows:
                Sec. 11.19 Authorization and training of Horse Protection
                Inspectors.
                 APHIS will authorize HPIs after the successful completion of
                training by APHIS. The management of any horse show, horse exhibition,
                horse sale, or horse auction may appoint HPIs holding a current
                authorization to detect and diagnose horses that are sore or to
                otherwise inspect horses and any records pertaining to such horses for
                the purposes of determining compliance with the Act and regulations.
                 (a) Authorization process. All persons wishing to become HPIs must
                submit an application to APHIS. Guidance regarding submitting
                applications is located on the APHIS Horse Protection website.
                Applicants will be required to show that they meet the Tier 1
                qualifications in paragraph (a)(1) of this section in order for the
                application to be evaluated. If the applicant meets the qualifications
                in paragraph (a)(1) of the section, the applicant will be further
                evaluated based on the Tier 2 qualifications in paragraph (a)(2) of
                this section. In order for APHIS to consider the applicant as a
                candidate to be an HPI, all qualifications must be met.
                 (1) Tier 1 qualifications. The applicant must be a veterinarian,
                except that veterinary technicians and persons employed by State and
                local government agencies to enforce laws or regulations pertaining to
                animal welfare may also be authorized if APHIS determines that there is
                an insufficient pool of veterinarians among current HPIs and applicants
                to be HPIs.
                 (2) Tier 2 qualifications. (i) The applicant must demonstrate
                sufficient knowledge and experience of equine husbandry and science and
                applicable principles of equine science, welfare, care, and health for
                APHIS to determine that the applicant can consistently identify equine
                soring and soring practices.
                 (ii) The applicant must not have been found to have violated any
                provision of the Act or the regulations in this part occurring after
                July 13, 1976, or have been assessed any civil penalty, or have been
                the subject of a disqualification order in any proceeding involving an
                alleged violation of the Act or regulations occurring after July 13,
                1976.
                 (iii) The applicant must not have been disqualified by the
                Secretary from performing diagnosis, detection, and inspection under
                the Act.
                 (iv) The applicant must not have acted in a manner that calls into
                question the applicant's honesty, professional integrity, reputation,
                practices, and reliability relative to possible authorization as an
                HPI. APHIS will base this on a review of:
                 (A) Criminal conviction records, if any, indicating that the
                applicant may lack the honesty, integrity, and reliability to
                appropriately and effectively perform HPI duties.
                 (B) Official records of the person's actions while participating in
                Federal, State, or local veterinary programs when those actions reflect
                on the honesty, reputation, integrity, and reliability of the
                applicant.
                 (C) Judicial determinations in any type of litigation adversely
                reflecting on the honesty, reputation, integrity, and reliability of
                the applicant.
                 (D) Any other evidence reflecting on the honesty, reputation,
                integrity, and reliability of the applicant.
                 (b) Training. All applicants selected as candidates must complete a
                formal training program administered by APHIS prior to authorization.
                Continual training as APHIS determines to be necessary is a condition
                of maintaining authorization to inspect horses.
                 (c) Listing. APHIS will maintain a list of all HPIs on the APHIS
                Horse Protection website. The list is also available by contacting
                APHIS by email or U.S. mail.
                 Note 1 to paragraph (c): Send email to [email protected],
                or U.S. mail to USDA/APHIS/AC, 2150 Centre Ave., Building B,
                Mailstop 3W11, Fort Collins, CO 80526-8117.
                 (d) Denial of an HPI application and disqualification of HPIs--(1)
                Denial. APHIS may deny an application for authorization of an HPI, or
                deny continuation in the program to an HPI trainee not yet authorized,
                for any of the reasons outlined in paragraph (a) of this section. In
                such instances, the applicant shall be provided written notification of
                the grounds for the denial. The applicant may appeal the decision, in
                writing, within 30 days after receiving the written denial notice. The
                appeal must state all of the facts and reasons that the person wants
                the Administrator to consider in deciding the appeal. As soon as
                practicable, the Administrator will grant or deny the appeal, in
                writing, stating the reasons for the decision.
                 (2) Disqualification. APHIS may permanently disqualify any HPI who
                fails to inspect horses in accordance with the procedures prescribed by
                APHIS or otherwise fails to perform duties necessary for APHIS to
                enforce the Act and regulations, after notice and opportunity for a
                hearing. Requests for hearings and the hearings themselves shall be in
                accordance with the Uniform Rules of Practice for the Department of
                Agriculture in subpart H of 7 CFR part 1.
                (Approved by the Office of Management and Budget under control
                number 0579-0490)
                 Done in Washington, DC, May 31, 2024.
                Jennifer Moffitt,
                Under Secretary for Marketing and Regulatory Programs.
                [FR Doc. 2024-12315 Filed 6-4-24; 8:45 am]
                BILLING CODE 3410-34-P
                

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