11/2/11 N.Y. St. Reg. RWB-44-11-00001-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 4035.9(a)(1)(iii) of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 101(1), 205 and 218
Subject:
Minimum diameter of a riding crop used in the thoroughbred racing.
Purpose:
Require the use of a padded riding crop with a minimum shaft diameter of 3/8th of an inch, which is more humane to the horse.
Text of proposed rule:
Clause (c) of Subparagraph (iii) of Paragraph (1) of Subdivision (a) of section 4035.9 of 9 NYCRR is amended to read as follows:
(c) Minimum diameter of the shaft of three-eighths [one-half] inch; and
Text of proposed rule and any required statements and analyses may be obtained from:
John Googas, New York State Racing and Wagering Board, One Broadway Center, Suite 600, Schenectady, New York 12305, (518) 395-5400, email:
info@racing.ny.govData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
No person is likely to object to this rulemaking because it is non-controversial and merely corrects an error in the text of the rule that was adopted in October 2010. As originally proposed by the Jockey Club, the rule prescribed a minimum riding crop shaft size three-eighths of an inch. In June 2010, due to a clerical error that was repeated by several other regulatory agencies, New York State erroneously proposed a rule that set the minimum riding crop shaft size of one-half inch. Currently, all of the riding crops used in New York State are manufactured to one size: three-eighths of an inch. The stewards have recognized the error and are enforcing the rule as originally proposed by the Jockey Club. Therefore, no person is likely to object to this rulemaking because it would merely correct a typographical error, prescribe a rule that is consistent with the original rule as proposed by the Jockey Club, and have no adverse impact on thoroughbred racing.
Job Impact Statement
Based upon the nature and purpose of the rule, it is apparent that this proposal will not have a substantial adverse impact on jobs and employment opportunities. Therefore, this rulemaking does not require a jobs impact statement since the rule conforms the Board's equipment rule for minimum shaft size to those prescribed by the Jockey Club and adopted by other racing jurisdictions. Jockeys are currently using riding crops with the three-eighths inch shaft because it is more humane riding crop to use. Therefore, this rule will neither have a positive nor an adverse impact on jobs and employment opportunities.
