[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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Rules and Regulations
Federal Register
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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.
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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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