Horse Protection; Licensing of Designated Qualified Persons and Other Amendments; Withdrawal
plant-animal-health · Animal and Plant Health Inspection Service · Rule · Published 2023-10-31 · Effective 2023-11-30 · 88 FR 74336
Document
Document number
2023-23938
Federal Register citation
88 FR 74336
CFR reference
9 CFR 11
Type
Rule
Action
Final rule; withdrawal.
Category
plant-animal-health
Sub-agency
Animal and Plant Health Inspection Service
Publication date
2023-10-31
Effective date
2023-11-30
USDA docket
Docket No. APHIS-2011-0009
Abstract
The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) is withdrawing a final rule that was filed for public inspection by the Office of the Federal Register on January 19, 2017, in advance of publication, amending the Agency's Horse Protection Act regulations (the 2017 HPA final rule). On January 23, 2017, APHIS withdrew the 2017 HPA final rule from publication without undertaking notice and comment procedures, in accordance with a memorandum that was issued by the Executive Office of the President on January 20, 2017. However, following a lawsuit, the U.S. Court of Appeals for the District of Columbia Circuit found this withdrawal to be deficient. The District Court subsequently ordered that USDA could remedy this deficiency by undertaking notice and comment procedures on the proposed withdrawal. APHIS therefore issued a notice of proposed rulemaking to withdraw the 2017 HPA final rule, and we are finalizing that withdrawal based on the comments received.