Original Notice.

     Preproposal statement of inquiry was filed as WSR 13-03-047.

     Title of Rule and Other Identifying Information: WAC 260-12-180 Safety equipment required.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on June 14, 2013, at 9:30 a.m.

     Date of Intended Adoption: June 14, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by June 11, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by June 11, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds new entities that may establish minimum safety standards on equipment that have been approved by the ARCI.

     Reasons Supporting Proposal: To update current industry standards.

     Statutory Authority for Adoption: RCW 67.16.020.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [Horse racing commission], governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

March 25, 2013

Douglas L. Moore

Executive Secretary

OTS-5339.1

AMENDATORY SECTION(Amending WSR 07-11-114, filed 5/18/07, effective 6/18/07)

WAC 260-12-180   Safety equipment required.   (1) When on association grounds, all persons on horseback must wear a securely fastened safety helmet that meets current standards for equipment designed and manufactured for use while riding horses as established by the American Society for Testing and Materials((/Safety Equipment Institute (ASTM/SEI), the British Standards Institute (BSI) or similar organization)) (ASTM 1163), UK Standards (EN-1384 and PAS-015); or, Australian/New Zealand Standard (AS/NZ 3838).

     (2) All persons on horseback must wear a securely fastened safety vest that is designed to provide shock-absorbing protection of:

     (a) (("Level 1," as defined by the 2000 British Equestrian Trade Association (BETA) Horse Rider's Body and Shoulder Protectors; or)) British Equestrian Trade Association (BETA):2000 Level 1.

     (b) American Society for Testing and Materials((/Safety Equipment Institute (ASTM/SEI) standard F1937-04)) (ASTM 1163) F2681-08 or 1937 (Specification for Body Protectors Used in Horse Sports and Horseback Riding).

     (c) Euro Norm (EN) 13158:2000 Level 1.

     (d) Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3.

     (e) Australian Racing Board (ARB) Standard 1.1198.

     (3) All persons on horseback must wear equestrian footwear that covers the rider's ankle with a minimum of a 1/2 inch heel, except jockeys while riding in a race who must wear jockey boots as required by WAC 260-32-100.

     This rule does not apply to nonracing related events conducted for entertainment purposes. Safety equipment for such entertainment events shall be at the discretion of the racing association.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-11-114, § 260-12-180, filed 5/18/07, effective 6/18/07; 06-07-067, § 260-12-180, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 01-01-035, § 260-12-180, filed 12/8/00, effective 1/8/01. Rules of racing, § 24, filed 4/21/61.]