RWB-31-07-00009-P Failure to Finish a Race in Harness Racing

8/1/07 N.Y. St. Reg. RWB-31-07-00009-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 31

August 01, 2007

RULE MAKING ACTIVITIES

RACING AND WAGERING BOARD

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. RWB-31-07-00009-P

Failure to Finish a Race in Harness Racing

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

Proposed action:

Amendment of section 4117.2 of Title 9 NYCRR.

Statutory authority:

Racing, Pari-Mutuel Wagering and Breeding Law, sections 101 and 301

Subject:

A horse's failure to finish a race in harness racing.

Purpose:

To amend the board's rule, as it pertains to a horse's failure to finish in a harness race.

Text of proposed rule:

Subdivision (c) of section 4117.2 of 9 NYCRR is amended to read as follows:

4117.2 Failure to finish.

(c) Any horse or sulky, which shall leave the course, is disqualified and ruled out; except that, in races contested at a track without a continuous hub rail, if, in the opinion of the judges, a horse or sulky is forced off the course as a result of the actions of another horse or driver, or as a result of a break from its gait, the judges may determine the appropriate order of finish. Any horse or sulky which may partly leave the course shall be disqualified one or more positions, as appropriate, if, in the opinion of the judges, such occurrence has had a material effect on the finish of the race.

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

Gail Pronti, Secretary to the Board, Racing and Wagering Board, One Broadway Center, Suite 600, Schenectady, NY 12305-2553, e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory Authority: The Board is authorized to promulgate these rules pursuant to Racing Pari-Mutuel Wagering and Breeding Law (“RPMWBL”) sections 101 and 301. Under section 101, the Board has general jurisdiction over all horse racing activities and all pari-mutuel racing activities. Section 301of the RPMWBL authorizes the Board to supervise generally all harness race meetings in New York at which pari-mutuel betting is conducted, and to adopt rules and regulations to carry into effect the provisions of sections 222 through 705 of the RPMWBL.

2. Legislative Objectives: To enable the New York State Racing and Wagering Board to preserve the integrity of pari-mutuel racing, while generating reasonable revenue for the support of government.

3. Needs and Benefits: The proposed amendment to subdivision (c) of section 4117.2 of the New York Codes Rules and Regulations, will allow judges to use their experience and judgment as to whether such horse should be disqualified in the event that a horse leaves the track in order to regain its gait, and if not, in what order of finish the horse should be placed determine the appropriate order of finish in a race. The current rule allows the judges to decide the appropriate order of finish if a harness horse leaves the track as a result of another horse's actions and then returns to the race, but makes no provision for a horse that intentionally leaves the track in order to regain its gait.

Unlike their thoroughbred cousins, which are not required to maintain a gait, harness horses are required to synchronize the movement of their hooves as they progress along the race track. The pattern of their hoof strikes is known as a gait, which characterize the horses as either trotters or pacers depending on the two types of gait that can be coordinated. For example, a pacer's gait is when its two left legs move in synchronicity and the right legs move in synchronicity, while a trotter's gait is when its front left leg moves in synchronicity with the right rear leg, and the front right leg moves in synchronicity with the left rear leg. A harness horse must maintain its gait throughout a harness race.

The harness rules do allow horses that break gait to drop out from the group, regain its gait and resume racing (see NYCRR 4117.10) so long as the horse has clearance to safely do so. Unfortunately, some horses are unable to drop out from the group because they are “boxed in” by competing horses on their right and directly behind. In such cases, the only option for the horse is to leave the course by veering left, allowing the pack to pass, and then restart the gait once clearance exists.

This rule would allow harness horses to intentionally leave the course in order to allow other horses to clear, and then regain its gait to begin racing again. It removes the disqualification penalty for willfully leaving the track and allows the judges to decide the proper order of finish.

This rule is necessary for the safety of the drivers, who can now seek a safe inside clearance rather that attempt to veer right as they try to find clearance. This rule will benefit the betting public by allowing their horse to remain in a race rather than suffer disqualification. The rule is beneficial to overall racing because a horse that has broken gait will have a clear course of refuge and won't become a disruption to other contending horses. Finally, public confidence in pari-mutuel wagering will be maintained because judges will be allowed to make common sense determinations as to order of finish based on common sense principals shared with the betting public, rather than be bound by over-restrictive rules that cannot address every possible circumstance during the course of a harness race.

4. Costs:

(a) Costs to regulated parties for the implementation of and continuing compliance with the rule: None.

(b) Costs to the agency, the state and local governments for the implementation and continuation of the rule: None.

(c) The information, including the source(s) of such information and the methodology upon which the cost analysis is based: See (d) below.

(d) Where an agency finds that it cannot provide a statement of costs, a statement setting forth the agency's best estimate, which shall indicate the information and methodology upon which the estimate is based and the reason(s) why a complete cost statement cannot be provided. There will be no cost to the agency.

5. Local Government Mandates: None. See above.

6. Paperwork: None.

7. Duplication: None.

8. Alternatives: After considerable dialog with the stewards and judges, this amendment provides much needed clarity with respect to a horses failure to finish a race as a result of a break from its gait.

9. Federal Standards: None.

10. Compliance Schedule: Once adopted, the rule can be implemented immediately.

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

This proposal does not require a Regulatory Flexibility Statement, Rural Area Flexibility Statement or Job Impact Statement as it merely clarifies an existing rule addressing horses that are declared non-starters in a given race. These proposed amendments do not impact upon State Administrative Procedure Act section 102(8), nor do they affect employment. The proposal will not impose an adverse economic impact on reporting, recordkeeping or other compliance requirements on small businesses in rural or urban areas nor on employment opportunities. The rule simply assures continuity of racing, confidence of the betting public, and therefore assists to protect jobs and the robust horse racing and breeding economy in New York State.