§3053 — Title 15 Commerce and Trade | U.S. Code

Summary

The Authority must send the Commission any proposed rule or change about 11 topics, such as its bylaws; lists of allowed and banned drugs, substances, and methods; lab accreditation and testing rules; racetrack surface and safety standards; injury and fatality data programs; research and education on safety and anti-doping; descriptions of rule violations; civil penalties; hearing procedures; and the formula for calculating assessments. The Authority also must send any rule or procedure for the horseracing anti-doping and medication control program or the racetrack safety program. The Commission must publish each proposed rule in the Federal Register and allow public comment. No proposed rule can take effect until the Commission approves it. The Commission has 60 days to approve or disapprove a proposal. If it disapproves, it has 30 days to give recommended changes, and the Authority may resubmit with those changes. The Commission may also change, add to, or cancel the Authority’s rules as needed to make them fair and follow the law.

Title 15, §3053

Commerce and Trade — Source: USLM XML via OLRC

(a)The Authority shall submit to the Commission, in accordance with such rules as the Commission may prescribe under section 553 of title 5, any proposed rule, or proposed modification to a rule, of the Authority relating to—

(1)the bylaws of the Authority;

(2)a list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted medications, substances, and methods;

(3)laboratory standards for accreditation and protocols;

(4)standards for racing surface quality maintenance;

(5)racetrack safety standards and protocols;

(6)a program for injury and fatality data analysis;

(7)a program of research and education on safety, performance, and anti-doping and medication control;

(8)a description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons;

(9)a schedule of civil sanctions for violations;

(10)a process or procedures for disciplinary hearings; and

(11)a formula or methodology for determining assessments described in section 3052(f) of this title.

(b)(1)The Commission shall—

(A)publish in the Federal Register each proposed rule or modification submitted under subsection (a); and

(B)provide an opportunity for public comment.

(2)A proposed rule, or a proposed modification to a rule, of the Authority shall not take effect unless the proposed rule or modification has been approved by the Commission.

(c)(1)Not later than 60 days after the date on which a proposed rule or modification is published in the Federal Register, the Commission shall approve or disapprove the proposed rule or modification.

(2)The Commission shall approve a proposed rule or modification if the Commission finds that the proposed rule or modification is consistent with—

(A)this chapter; and

(B)applicable rules approved by the Commission.

(3)(A)In the case of disapproval of a proposed rule or modification under this subsection, not later than 30 days after the issuance of the disapproval, the Commission shall make recommendations to the Authority to modify the proposed rule or modification.

(B)The Authority may resubmit for approval by the Commission a proposed rule or modification that incorporates the modifications recommended under subparagraph (A).

(d)(1)The Authority shall submit to the Commission any proposed rule, standard, or procedure developed by the Authority to carry out the horseracing anti-doping and medication control program or the racetrack safety program.

(2)The Commission shall publish in the Federal Register any such proposed rule, standard, or procedure and provide an opportunity for public comment.

(e)The Commission, by rule in accordance with section 553 of title 5, may abrogate, add to, and modify the rules of the Authority promulgated in accordance with this chapter as the Commission finds necessary or appropriate to ensure the fair administration of the Authority, to conform the rules of the Authority to requirements of this chapter and applicable rules approved by the Commission, or otherwise in furtherance of the purposes of this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (c)(2)(A) and (e), was in the original “this Act” and was translated as reading “this title”, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress.

Amendments

2022—Subsec. (e). Pub. L. 117–328 amended subsec. (e) generally. Prior to amendment, text read as follows: “The Commission may adopt an interim final rule, to take effect immediately, under conditions specified in section 553(b)(B) of title 5, if the Commission finds that such a rule is necessary to protect— “(1) the health and safety of covered horses; or “(2) the integrity of covered horseraces and wagering on those horseraces.”

§3053 Federal Trade Commission Oversight