SGC-49-13-00021-P Restricted Time Period for Systemic Administrations of Corticosteroids to Thoroughbred Horses

12/4/13 N.Y. St. Reg. SGC-49-13-00021-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 49

December 04, 2013

RULE MAKING ACTIVITIES

NEW YORK STATE GAMING COMMISSION

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. SGC-49-13-00021-P

Restricted Time Period for Systemic Administrations of Corticosteroids to Thoroughbred Horses

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 4043.2(i) of Title 9 NYCRR.

Statutory authority:

Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19) and 122

Subject:

Restricted time period for systemic administrations of corticosteroids to thoroughbred horses.

Purpose:

To enhance the integrity and safety of thoroughbred horse racing.

Public hearing(s) will be held at:

10:30 a.m. - 3:30 p.m., Jan. 21, 2014 at State Gaming Commission, One Broadway Center, 6th Fl. Board Rm. (overflow, 5th Fl. Multimedia Rm.), Schenectady, NY.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Text of proposed rule:

Paragraph (1) of subdivision (i) of Section 4043.2 would be amended as follows:

(i) In addition, a horse may not race for the following periods of time:

(1) for at least five days following a systemic administration of [a corticosteroid] prednisolone or dexamethasone;

***

Text of proposed rule and any required statements and analyses may be obtained from:

Kristen M. Buckley, New York State Gaming Commission, One Broadway Center, Suite 600, Schenectady, NY 12305, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

January 26, 2014.

Regulatory Impact Statement

1. Statutory authority and legislative objectives of such authority: The New York State Gaming Commission (“Commission”) is authorized to promulgate these rules pursuant to Racing Pari-Mutuel Wagering and Breeding Law Sections 103(2), 104(1), (19) and 122. Under Section 103(2), the Commission is responsible to supervise, regulate, and administer all horse racing and pari-mutuel wagering activities in the State. Subdivision (1) of Section 104 confers upon the Commission general jurisdiction over all such gaming activities within the State and over the corporations, associations, and persons engaged in such activities. Subdivision (19) of Section 104 authorizes the Commission to promulgate any rules and regulations that it deems necessary to carry out its responsibilities. Section 122 continues previous rules and regulations of the legacy New York State Racing and Wagering Board, subject to the authority of the Commission to modify or abrogate such rules and regulations.

2. Legislative objectives: To enable the Commission to protect the integrity of pari-mutuel horse races and the health and safety of thoroughbred horses and human participants in pari-mutuel racing, while generating reasonable revenue for the support of government.

3. Needs and benefits: This rulemaking is necessary to adjust the Commission’s restricted time period governing the systemic administration of the corticosteroids to thoroughbred race horses close to race day. The Commission has separately proposed to adopt a set of national regulatory laboratory thresholds for drugs, including five corticosteroids, that are necessary and sufficient to provide good veterinary care close to race day. The adoption of these thresholds would limit the corticosteroids that could be administered pursuant to the Commission’s current rule restricting a horse treated with any corticosteroid from racing for the next five days. The only corticosteroids that could be administered consistent with such proposed thresholds and with a systemic administration until five days before racing are prednisolone and dexamethasone.

This new rule will limit the corticosteroids that may be administered until five days before racing to only these two, prednisolone and dexamethasone. As a result, the Commission’s restricted time periods will continue to provide assurances to horsepersons who comply with them that their horses will not give rise to an equine drug positive, including under the national regulatory laboratory standards that have been proposed by the Commission.

The new rule will enhance the integrity and safety of horse racing by limiting which corticosteroids can be used systemically until within five days before race day to these two, which are well-accepted, necessary, and amenable to control by means of laboratory testing. The new rule will continue to ensure that corticosteroids that the Commission permits to be so used will not result in a violation of the proposed laboratory thresholds. Prednisolone and dexamethasone are the only corticosteroids recognized in the proposed new regulatory thresholds whose administration until five days before a horse’s next race will not violate such thresholds. The rule therefore provides greater certainty to horsepersons regarding the corticosteroids that will comply with the Commission’s time restriction rules.

4. Costs:

(a) Costs to regulated parties for the implementation of and continuing compliance with the rule: There are no new or additional costs imposed by this rule upon regulated persons. The rule merely revises an existing rule in regard to the allowable corticosteroids to meet the Commission’s five-day rule.

(b) Costs to the agency, the state and local governments for the implementation and continuation of the rule: There are no costs imposed upon the Commission, the State, or local government. The rule will be implemented using the Commission’s existing regulatory and medication testing program. There will be no costs to local governments because they do not regulate pari-mutuel racing activities.

(c) The information, including the source(s) of such information and the methodology upon which the cost analysis is based: The Commission has determined that no costs will be imposed because the rule does not create any new duty or obligation. The rule utilizes an existing regulatory framework and medication testing program and merely modifies a medication rule.

5. Local government mandates: None. The New York State Gaming Commission is the only governmental entity authorized to regulate pari-mutuel harness racing activities.

6. Paperwork: There will be no additional paperwork.

7. Duplication: None.

8. Alternatives: This rule amendment is to assure horsepersons that compliance with the Commission’s restricted time periods will protect such person against an inadvertent violation of the separately proposed national regulatory laboratory thresholds for equine drugs that have been recommended by the Racing Medication and Testing Consortium, the New York Thoroughbred Horsemen’s Association, and the Association of Racing Commissioners, International, Inc. No alternatives have been considered.

9. Federal standards: None.

10. Compliance schedule: It is expected that regulated parties will be able to comply as soon as the proposed rule is adopted.

Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

This proposal does not require a Regulatory Flexibility Statement, Jobs Impact Statement or Rural Area Flexibility Statement as the amendment merely limits the corticosteroids that may be administered systemically to a race horse until five days before its next race. The specified corticosteroids, prednisolone and dexamethasone, are sufficient to treat horses close to race day, are well-accepted for their intended purposes, and readily available. The rule is entirely limited to equine drug standards and testing, and merely modifies the restriction on administration of an approved drug for race horses. This rulemaking will not have a positive or negative impact on jobs. These amendments do not impact upon State Administrative Procedure Act § 102(8), nor do they affect employment. The proposal will not impose an adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses in rural or urban areas nor on employment opportunities. The rule does not impose any significant technological changes on the industry for the reasons set forth above.