The Horseracing Integrity and Safety Act, which recognized the Authority, includes a requirement that its rules (and modifications to those rules, such as this one) must be submitted for approval to the FTC. The Act requires that the FTC approve submitted rules if it finds that they are “consistent with” the Act and the FTC’s procedural rules governing the submission process.
The FTC’s procedural rule provides that the FTC will publish the Authority’s proposed rules or modifications in the Federal Register for public comment if the Authority’s submissions meet certain criteria. Under the Act, the FTC has 60 days from the date of publication to approve or disapprove the proposed rule or modification.
In addition, the Commission voted to publish in the Federal Register the Authority’s proposed 2023 budget as submitted to the Commission. The FTC’s rule regarding oversight of the Authority’s budget process requires the publication of the Authority’s proposed budget in the Federal Register for public comment. The public will have 14 days from the date of publication to submit comments, after which the Commission will approve or disapprove the proposed budget.
The Commission votes to approve the rule modification and publish the proposed budget were 3-0. The Commission votes occurred on September 26, 2023.