[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Proposed Rules]
[Page 70755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26849]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / 
Proposed Rules  

[[Page 70755]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 11

[Docket No. APHIS-2011-0009]
RIN 0579-AE19


Horse Protection; Licensing of Designated Qualified Persons and 
Other Amendments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We are withdrawing a proposed rule that would have amended the 
horse protection regulations with respect to several program practices. 
We are taking this action to withdraw the proposed rule so that we may 
reevaluate these program practices based on the findings of research 
conducted after its publication.

DATES: The Animal and Plant Health Inspection Service is withdrawing 
the proposed rule published July 26, 2016 (81 FR 49112-49137) as of 
December 13, 2021.

FOR FURTHER INFORMATION CONTACT: Dr. Lance H. Bassage, VMD, Director, 
National Policy Staff, Animal Care, APHIS, 4700 River Road, Unit 84, 
Riverdale, MD 20737; [email protected], (518) 218-7551.

SUPPLEMENTARY INFORMATION: On July 26, 2016, we published in the 
Federal Register (81 FR 49112-49137, Docket No. APHIS-2011-0009) a 
proposal \1\ to amend the regulations relating to the Animal and Plant 
Health Inspection Service's (APHIS) administration and enforcement of 
the Horse Protection Act.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to www.regulations.gov and enter APHIS-
2011-0009 in the Search field.
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    We solicited comments concerning the proposed rule for a period of 
60 days ending September 26, 2016. We subsequently extended the comment 
period by an additional 30 days, to October 26, 2016. We also held five 
public listening sessions prior to the close of the comment period.
    We received 130,975 comments on the proposed rule through 
electronic submission, U.S. mail, and courier, as well as comments 
included in the transcripts from the public hearings. The comments were 
from State and Federal elected officials, including current and former 
U.S. Senators and Representatives, State agricultural agencies, farm 
bureaus, gaited horse organizations, trotting horse federations and 
organizations, other domestic and foreign horse industry organizations, 
veterinarians and veterinary associations, horse rescue and animal 
welfare advocacy organizations, horse owners and trainers, farriers, 
small business owners, and the general public. Commenters addressed a 
wide range of proposal topics, including horse inspection practices and 
penalties, licensing and training of inspectors, the use of action 
devices, substances, and other practices.
    In 2021, the National Academy of Sciences (NAS) reviewed methods 
for detecting soreness in horses and published a report \2\ of their 
findings. The report examined the inspection methods that Designated 
Qualified Persons use for identifying soreness in walking horses, new 
and emerging approaches for detecting pain, and use of the scar rule in 
determining compliance with the Horse Protection Act, and made a number 
of science-based recommendations regarding revisions to APHIS' Horse 
Protection Act program and associated regulations. We have reviewed the 
July 26, 2016 proposed rule in light of the NAS report, and determined 
that the rule does not sufficiently address the report's findings.
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    \2\ A Review of Methods for Detecting Soreness in Horses. 
Washington, DC: The National Academies Press. https://doi.org/10.17226/25949.
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    Further, it has been more than 5 years since the proposed rule was 
published and we would likely need to update the underlying data and 
analyses that supported the proposed rule.
    Therefore, for these reasons, we are withdrawing the July 26, 2016 
proposed rule referenced above, and will issue a new proposed rule that 
incorporates more recent findings and recommendations, including the 
NAS report. The new rulemaking process will allow the public to comment 
on these and other important issues before the rule is finalized.

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

    Done in Washington, DC, this 6th day of December 2021.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-26849 Filed 12-10-21; 8:45 am]
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