[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Rules and Regulations]
[Page 3071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00880]



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  Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Rules 
and Regulations  

[[Page 3071]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 11

[Docket No. APHIS-2011-0030]
RIN 0579-AD43


Horse Protection Act; Requiring Horse Industry Organizations To 
Assess and Enforce Minimum Penalties for Violations; Correction

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: In a final rule that was published in the Federal Register on 
June 7, 2012, and effective on July 9, 2012, we amended the horse 
protection regulations to require horse industry organizations or 
associations that license Designated Qualified Persons to assess and 
enforce minimum penalties for violations of the Horse Protection Act. 
One of the minimum penalties was for violations related to shoeing the 
horse, but we neglected to include a citation to one of the shoeing 
violations for which the penalty should be assessed. This document 
corrects that error.

DATES: Effective January 17, 2014.

FOR FURTHER INFORMATION CONTACT: Dr. Rachel Cezar, Horse Protection 
National Coordinator, Animal Care, APHIS, 4700 River Road, Unit 84, 
Riverdale, MD 20737; (301) 851-3746.

SUPPLEMENTARY INFORMATION: 

Background

    In a final rule that was published in the Federal Register on June 
7, 2012 (77 FR 33607-33619, Docket No. APHIS-2011-0030), and effective 
on July 9, 2012, we amended the horse protection regulations in 9 CFR 
part 11 to require horse industry organizations or associations that 
license Designated Qualified Persons to assess and enforce minimum 
penalties for violations of the Horse Protection Act. We established 
the minimum penalties in a new Sec.  11.25.
    Paragraph (c)(6) of Sec.  11.25 sets out the minimum penalty for a 
shoeing violation, which is that the horse must be dismissed from the 
remainder of the horse show, exhibition, sale, or auction at which it 
is being inspected. The paragraph specifically cites the shoeing 
violation in paragraph (b)(18) of Sec.  11.2, a section that lists 
various equipment-related violations. However, in the final rule, we 
neglected to include paragraph (b)(19) as a violation for which this 
minimum penalty must be assessed. Paragraph (b)(19) of Sec.  11.2 
indicates that the following is prohibited:

    Lead or other weights attached to the outside of the hoof wall, 
the outside surface of the horseshoe, or any portion of the pad 
except the bottom surface within the horseshoe. Pads may not be 
hollowed out for the purpose of inserting or affixing weights, and 
weights may not extend below the bearing surface of the shoe. Hollow 
shoes or artificial extensions filled with mercury or similar 
substances are prohibited.

    As this is a shoeing-related prohibition, the minimum penalty for a 
shoeing violation should be assessed when a horse is found to be in 
violation of paragraph (b)(19). This document corrects the error by 
amending paragraph (c)(6) of Sec.  11.25 to refer to both paragraphs 
(b)(18) and (b)(19) as shoeing violations for which the minimum penalty 
must be assessed.

List of Subjects in 9 CFR Part 11

    Animal welfare, Horses, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 11 is corrected by making the following 
correcting amendment:

PART 11--HORSE PROTECTION REGULATIONS

0
1. The authority citation for part 11 continues to read as follows:

    Authority:  15 U.S.C. 1823-1825 and 1828; 7 CFR 2.22, 2.80, and 
371.7.


0
2. In Sec.  11.25, paragraph (c)(6) is revised to read as follows:


Sec.  11.25  Minimum penalties to be assessed and enforced by HIOs that 
license DQPs.

* * * * *
    (c) * * *
    (6) Shoeing violation. Violation of the shoeing-related 
prohibitions in Sec.  11.2(b)(18) and (b)(19). The horse must be 
dismissed from the remainder of the horse show, exhibition, sale, or 
auction.
* * * * *

    Done in Washington, DC, this 13th day of January 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-00880 Filed 1-16-14; 8:45 am]
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