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Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations of medications, other foreign substances, and treatment methods that mask or deaden pain in order to allow injured or unsound horses to train or race should be prohibited; 3 rules, standards, procedures, and protocols regulating medication and treatment methods for covered horses and covered races should be uniform and uniformly administered nationally; 4 to the extent consistent with chapter 57A of title 15, consideration should be given to international anti-doping and medication control standards of the International Federation of Horseracing Authorities and the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association; 5 the administration of medications and treatment methods to covered horses should be based on an examination and diagnosis that identifies an issue requiring treatment for which the medication or method represents an appropriate component of treatment; 6 the amount of therapeutic medication a covered horse receives should be the minimum necessary to address the diagnosed health concerns identified during the examination and diagnostic process; and 7 the welfare of covered horses, the integrity of the sport, and the confidence of the betting public require full disclosure to regulatory authorities regarding the administration of medications and treatments to covered horses.
In addition, Section 6g2A of the Act, 15 U.S.C. 3055g2A, provides that certain baseline anti-doping and medication control rules must constitute the initial rules of the horseracing antidoping and medication control program and, except as exempted pursuant to Section 6e and f of the Act, 15 U.S.C.
3055e and f, remain in effect at all times after the program effective date.
Such baseline anti-doping and medication control rules include: 1
The lists of permitted and prohibited substances including drugs, medications, and naturally occurring substances and synthetically occurring substances in effect for the International Federation of Horseracing Authorities, including the International Federation of Horseracing Authorities International Screening Limits for urine, dated May 2019, and the International Federation of Horseracing Authorities International Screening Limits for plasma, dated May 2019; 2 the World Anti-Doping Agency International Standard for Laboratories version 10.0, dated November 12, 2019; 3 the Association of Racing Commissioners International out-of-competition testing standards, Model Rules of Racing
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version 9.2; and 4 the Association of Racing Commissioners International penalty and multiple medication violation rules, Model Rules of Racing version 6.2. In the case of a conflict among the rules, Section 6g2B of the Act, 15 U.S.C. 3055g2B, provides that the most stringent rule shall apply. Accordingly, the Commission is requiring the Authority to state whether a proposed rule adopts the baseline standards identified in Section 6g2A of the Act, 15 U.S.C.
3055g2A. If there is a conflict in any baseline standards identified in Section 6g2A of the Act, 15 U.S.C.
3055g2A, the Authority must identify the conflict and state whether the standard it adopted is the most stringent standard. Under Section 6g3C of the Act, 15 U.S.C.
3055g3C, the Authority shall not approve any proposed modification that renders an anti-doping and medication control rule less stringent than the baseline anti-doping and medication control rules . . . without the approval of the anti-doping and medication control enforcement agency. Thus, for a proposed rule modification, the Authority must explain whether the modification renders an anti-doping and medication control rule less stringent than the baseline anti-doping and medication control rules described in Section 6g2A of the Act, 15 U.S.C.
3055g2A, and state whether the anti-doping and medication control enforcement agency has approved of the change.
2. Racetrack Safety Program Considerations Section 7 of the Act, 15 U.S.C. 3056, requires the Authority to consider certain factors when developing the racetrack safety program. Accordingly, when proposing a rule or modification to any rule regarding its racetrack safety program, the Authority must explain how the proposed rule or modification meets the requirements in Section 7b of the Act, 15 U.S.C. 3056b, which provides that the horseracing safety program must include the following: 1
A set of training and racing safety standards and protocols taking into account regional differences and the character of differing racing facilities;
2 a uniform set of training and racing safety standards and protocols consistent with the humane treatment of covered horses, which may include lists of permitted and prohibited practices or methods such as crop use; 3 a racing surface quality maintenance system that takes into account regional differences and the character of differing racing facilities which may include
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requirements for track surface design and consistency and established standard operating procedures related to track surface, monitoring, and maintenance, such as standardized seasonal assessment, daily tracking, and measurement; 4 a uniform set of track safety standards and protocols, that may include rules governing oversight and movement of covered horses and human and equine injury reporting and prevention; 5 programs for injury and fatality data analysis, that may include preand post-training and race inspections, use of a veterinarians list, and concussion protocols; 6 the undertaking of investigations at racetrack and non-racetrack facilities related to safety violations; 7
procedures for investigating, charging, and adjudicating violations and for the enforcement of civil sanctions for violations; 8 a schedule of civil sanctions for violations; 9 disciplinary hearings, which may include binding arbitration, civil sanctions, and research; 10 management of violation results; 11 programs relating to safety and performance research and education; and 12 an evaluation and accreditation program that ensures racetracks in the United States meet the standards described in the elements of the Horseracing Safety Program.
The Authority must also consider the safety standards in Section 7a2 of the Act, 15 U.S.C. 3056a2, which provide that in the development of the horseracing safety program for covered horses, covered persons, and covered horseraces, the Authority and the Commission must take into consideration existing safety standards, including the National Thoroughbred Racing Association Safety and Integrity Alliance Code of Standards, the International Federation of Horseracing Authoritys International Agreement on Breeding, Racing, and Wagering, and the British Horseracing Authoritys Equine Health and Welfare program. The Commission is therefore requiring the Authority to explain how it considered and whether it adopted any of the standards in Section 7a2 of the Act,15 U.S.C. 3056a2. If any horseracing safety standards in Section 7a2 of the Act, 15 U.S.C. 3056a2, were considered but not adopted or were modified, the Authority must explain why it decided not to adopt or why it decided to modify such standard.
3. Other Considerations The Commission is incorporating the specific anti-doping and racetrack safety standards into this section because they are the most prescriptive and extensive, but this should not be read as an
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