(e) The following substances are permitted to be administered by any means until 48 hours before the scheduled post time of the race in which the horse is to compete:

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(14) the following nonsteroidal anti-inflammatory drugs (NSAID’s): [P]phenylbutazone (e.g., Butazolidin); diclofenac; [F]flunixin (e.g., Banamine); meclofenamic acid (e.g., Arquel); naproxon (e.g., Naprosyn, Equiproxen), and ketoprofen (e.g., Orudis);

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(20) dantrolene;

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(22) methocarbamol (e.g., Robaxin).

Subdivision (f) of Section 4120.2 would be amended as follows:

(f) The following substances may be administered by any means until 72 hours before the scheduled post time of the race in which the horse is to compete:

(1) antihistamines;

[(2) dantrolene]

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[(4) methocarbamol (e.g., Robaxin);]

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(11) detomidine.

Subdivision (g) of Section 4120.2 would be amended as follows:

(g) The following substances are permitted to be administered by any means until 96 hours before the scheduled post time of the race in which the horse is to compete:

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[(6) detomidine;]

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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 standardbred 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 administration of various substances for which the available analytic methodologies to detect an administration of the substance in a time and manner that could affect race performance have become more sensitive and precise. These substances can now be detected reliably in plasma samples in which the concentration of the target analytes can be linked more closely to the time of administration and to the potential of the substance to remain efficacious when the horse is racing. In the past, the available methodologies that were generally accepted as valid and reliable for detecting and confirming the administration of the parent drugs were less sensitive and less precise. To avoid false positives and to effectively regulate these substances using laboratory testing, the Commission previously adopted longer periods of restriction than were necessarily required to prevent the substances from being efficacious while a treated horse was racing. Compliance with those time restrictions was necessary for there to be a level playing field for all competitors and appropriate given the available science. More recent research and technological advances, however, including the development of a set of national regulatory laboratory thresholds by the Racing Medication and Testing Consortium (“RMTC”) and others, now permits the Commission to propose a 24-hour reduction in the restricted time periods that apply to the following drugs: for dantrolene and methocarbamol, from 72 hours to 48 hours, and for detomidine from 72 hours to 48 hours. Consistent with the proposal to adopt more precise laboratory thresholds, the Commission also proposes to add diclofenac, which currently may not be used within a week before the horse’s next race, to the list of non-steroidal anti-inflammatory drugs that may be used until 48 hours before a horse’s next race.

The new rules will enhance the integrity and safety of horse racing by establishing the same regulatory thresholds that are proposed and publicly supported by the racing commissions in the mid-Atlantic and other states with pari-mutuel standardbred horse racing.

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 allowable time of administration of various medications.

(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 based upon the fact that the rule does not create any new mandatory duty or obligation, 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 racing activities.

6. Paperwork: There will be no additional paperwork.

7. Duplication: None.

8. Alternatives: This rule amendment is to assure horsepersons that the Commission’s restricted time periods are consistent with the separately proposed national regulatory laboratory thresholds for these equine drugs that have been recommended by the RMTC and the Association of Racing Commissioners, International, Inc. No other alternatives were 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.

This proposal does not require a Regulatory Flexibility Statement, Jobs Impact Statement or Rural Area Flexibility Statement as the amendment merely adjusts the restricted time periods after the treatment of a standardbred race horse with dantrolene, detomidine, diclofenac, or methocarbamol to most closely approximate the period after administration of such drugs that should be accorded before a horseperson races a standardbred horse, given the proposed adoption of the national regulatory laboratory thresholds for such drugs. 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 orreporting, 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.