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Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations
2 Ending on the date on which the Authority receives written notice that the horse has been retired.
Covered horserace means any horserace involving covered horses that has a substantial relation to interstate commerce, including any Thoroughbred horserace that is the subject of interstate off-track or advance deposit wagers.
Covered persons means all trainers, owners, breeders, jockeys, racetracks, veterinarians, persons legal and natural licensed by a State racing commission and the agents, assigns, and employees of such persons and other horse support personnel who are engaged in the care, training, or racing of covered horses.
HISA Guidance means Horseracing Integrity and Safety Authority Authority guidance issued under 15
U.S.C. 3054g1, which does not have the force of law.
Horseracing anti-doping and medication control program means the anti-doping and medication program established under 15 U.S.C. 3055a.
Horseracing Integrity and Safety Authority or Authority means the private, independent, self-regulatory, nonprofit corporation recognized for purposes of developing and implementing a horseracing anti-doping and medication control program and a racetrack safety program for covered horses, covered persons, and covered horseraces.
Interstate off-track wager has the meaning given such term in Section 3 of the Interstate Horseracing Act of 1978, 15 U.S.C. 3002.
Jockey means a rider or driver of a covered horse in covered horseraces.
Owner means a person who holds an ownership interest in one or more covered horses.
Proposed rule means any rule proposed by the Authority pursuant to the Act.
Proposed rule modification or modification means:
1 Any proposed modification to a rule or proposed rule change; or 2 Any interpretation or statement of policy or practice relating to an existing rule of the Authority that is not HISA
Guidance and would have the force of law if approved as a final rule.
Racetrack means an organization licensed by a State racing commission to conduct covered horseraces.
Racetrack safety program means the program established under 15 U.S.C.
3056a.
State racing commission means an entity designated by State law or regulation that has jurisdiction over the conduct of horseracing within the applicable State.

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Trainer means an individual engaged in the training of covered horses.
Training facility means a location that is not a racetrack licensed by a State racing commission that operates primarily to house covered horses and conduct official timed workouts.
Veterinarian means a licensed veterinarian who provides veterinary services to covered horses.
Workout means a timed running of a horse over a predetermined distance not associated with a race or its first qualifying race, if such race is made subject to the Act by election under 15
U.S.C. 3054l of the horses breed governing organization or the applicable State racing commission.
1.141

Required submissions.

The Authority must submit to the Commission any proposed rule, or proposed rule modification, of the Authority relating to a The bylaws of the Authority;
b A list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted medications, substances, and methods;
c Laboratory standards for accreditation and protocols;
d Standards for racing surface quality maintenance;
e Racetrack safety standards and protocols;
f A program for injury and fatality data analysis;
g A program of research and education on safety, performance, and anti-doping and medication control;
h A description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons;
i A schedule of civil sanctions for violations;
j A process or procedures for disciplinary hearings;
k A formula or methodology for determining assessments described in 15 U.S.C. 3052f; and l Any other proposed rule or modification the Act requires the Authority to submit to the Commission for approval.
1.142 Submission of proposed rule or modification.

a Contents of submission. In order for a submission to qualify as a proposed rule or proposed rule modification under 15 U.S.C. 3053a, the Authority must submit to the Commission a complete draft of the Federal Register document for the proposed rule or proposed rule modification, which includes the text of the rule and a statement of the purpose
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of, and statutory basis for, the proposed rule or modification statement of basis and purpose. The statement of basis and purpose must contain:
1 The reasons for adopting the proposed rule or modification.
2 Any problems the proposed rule or modification is intended to address and how the proposed rule or modification will resolve those problems.
3 A description of any reasonable alternatives to the proposed rule or modification that may accomplish the stated objective and an explanation of the reasons the Authority chose the proposed rule or modification over its alternatives.
4 How the proposed rule or modification will affect covered persons, covered horses, and covered horseraces.
5 Why the proposed rule or modification is consistent with the requirements of the Act and any rules and regulations applicable to the Authority, including the following:
i Anti-doping and medication control program. When proposing a rule or modification to the horseracing antidoping and medication control program, the Authority must explain how it considered the factors in 15 U.S.C. 3055, including:
A Under 15 U.S.C. 3055a2, the unique characteristics of a breed of horse made subject to the Act by election of a State racing commission or breed governing organization for such horse pursuant to 15 U.S.C. 3054l;
B The factors listed in 15 U.S.C.
3055b; and C The baseline anti-doping and medication control rules identified in 15
U.S.C. 3055g2A. For a proposed rule, the Authority must state whether its proposed rule adopts the baseline standards identified in 15 U.S.C.
3055g2A. If there is a conflict in any baseline standards identified in 15
U.S.C. 3055g2A, the Authority must identify the conflict and state whether the standard it adopted is the most stringent standard. 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 15 U.S.C.
3055g2A, and state whether the anti-doping and medication control enforcement agency has approved of the change.
ii Racetrack safety program. When proposing a rule or modification to any rule regarding the racetrack safety program required under 15 U.S.C.
3056a1, the Authority must explain how the proposed rule or modification
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