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November 22, 2017 DEPARTMENT OF STATE
Vol. XXXIX Division of Administrative Rules
Issue 47
NEW YORK STATE
REGISTER
INSIDE THIS ISSUE:
D Voting by Certain Special Federal Voters
D Employee Scheduling (Call-In Pay)
D Con Edison’s Petition for Approval of the Smart Solutions for Natural Gas Customers
Program
Notice of Availability of State and Federal Funds
State agencies must specify in each notice which proposes a rule the last date on which they will accept public
comment. Agencies must always accept public comment: for a minimum of 45 days following publication in the
Register of a Notice of Proposed Rule Making, or a Notice of Emergency Adoption and Proposed Rule Making; and
for 30 days after publication of a Notice of Revised Rule Making, or a Notice of Emergency Adoption and Revised
Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 45 days
after publication of the notice, and comments must be accepted for at least 5 days after the last required hearing.
When the public comment period ends on a Saturday, Sunday or legal holiday, agencies must accept comment through
the close of business on the next succeeding workday.
For notices published in this issue:
– the 45-day period expires on January 6, 2018
– the 30-day period expires on December 22, 2017ANDREW M. CUOMO
GOVERNOR
ROSSANA ROSADO
SECRETARY OF STATE
NEW YORK STATE DEPARTMENT OF STATE
For press and media inquiries call:
(518) 474-0050
For State Register production, scheduling and subscription information
call: (518) 474-6957
E-mail: adminrules@dos.ny.gov
For legal assistance with State Register filing requirements
call: (518) 474-6740
E-mail: dos.dl.inetcounsel@dos.ny.gov
The New York State Register is now available on-line at:
www.dos.ny.gov/info/register.htm
The New York State Register (ISSN 0197 2472) is published weekly. Subscriptions are $80 per
year for first class mailing and $40 per year for periodical mailing. The New York State Register
is published by the New York State Department of State, One Commerce Plaza, 99 Washington
Avenue, Albany, NY 12231-0001. Periodical postage is paid at Albany, New York and at additional
mailing offices.
POSTMASTER: Send address changes to NY STATE REGISTER, the Department of State, Division of
Administrative Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001
printed on recycled paperNEW YORK STATE
REGISTER
Be a part of the rule making process!
The public is encouraged to comment on any of the proposed rules appearing in this issue. Comments
must be made in writing and must be submitted to the agency that is proposing the rule. Address your com-
ments to the agency representative whose name and address are printed in the notice of rule making. No
special form is required; a handwritten letter will do. Individuals who access the online Register
(www.dos.ny.gov) may send public comment via electronic mail to those recipients who provide an e-mail ad-
dress in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed
and Emergency Revised Proposed rule makings.
To be considered, comments should reach the agency before expiration of the public comment period.
The law provides for a minimum 45-day public comment period after publication in the Register of every No-
tice of Proposed Rule Making, and a 30-day public comment period for every Notice of Revised Rule Making.
If a public hearing is required by statute, public comments are accepted for at least five days after the last such
hearing. Agencies are also required to specify in each notice the last date on which they will accept public
comment.
When a time frame calculation ends on a Saturday or Sunday, the agency accepts public comment
through the following Monday; when calculation ends on a holiday, public comment will be accepted through
the following workday. Agencies cannot take action to adopt until the day after expiration of the public com-
ment period.
The Administrative Regulations Review Commission (ARRC) reviews newly proposed regulations to
examine issues of compliance with legislative intent, impact on the economy, and impact on affected parties.
In addition to sending comments or recommendations to the agency, please do not hesitate to transmit your
views to ARRC:
Administrative Regulations Review Commission
State Capitol
Albany, NY 12247
Telephone: (518) 455-5091 or 455-2731
---------------------------------------------------------------------------------------------------------
Each paid subscription to the New York State Register includes one weekly issue for a full year and four
“Quarterly Index” issues. The Quarterly is a cumulative list of actions that shows the status of every rule mak-
ing action in progress or initiated within a calendar year.
The Register costs $80 a year for a subscription mailed first class and $40 for periodical (second) class.
Prepayment is required. To order, send a check or money order payable to the NYS Department of State to the
following address:
NYS Department of State
One Commerce Plaza
99 Washington Avenue
Suite 650
Albany, NY 12231-0001
Telephone: (518) 474-6957New York State Register November 22, 2017/Volume XXXIX, Issue 47
KEY: (P) Proposal; (RP) Revised Proposal; (E) Emergency; (EP) Emergency and Proposal; (A) Adoption; (AA) Amended Adoption; (W)
Withdrawal
Individuals may send public comment via electronic mail to those recipients who provided an e-mail address in Notices
of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised
Proposed rule makings. Choose pertinent issue of the Register and follow the procedures on the website
(www.dos.ny.gov)
Rule Making Activities
Civil Service, Department of
1 / Notice of expiration
1 / Jurisdictional Classification (P)
Corrections and Community Supervision, Department of
4 / Officials of the Department of Corrections and Community Supervision (A)
Education Department
4 / Requirements for the Educational Leadership Service (RP)
Elections, State Board of
5 / Voting by Certain Special Federal Voters (P)
Gaming Commission, New York State
6 / Anti-Stacking of NSAIDs, Add Diclofenac (HA) and Delete Meclofenamic Acid From 48-Hour
NSAIDs (RP)
Health, Department of
7 / Physician and Pharmacies; Prescribing, Administering and Dispensing for the Treatment of Narcotic
Addiction (A)
8 / Communication Between Clinical Laboratory Physicians and Patients (A)
Labor, Department of
8 / Employee Scheduling (Call-In Pay) (P)
Public Service Commission
11 / Con Edison’s Petition for Approval of the Smart Solutions for Natural Gas Customers Program (P)
State, Department of
11 / Distance Learning for Qualifying Real Estate Appraisal Courses (AA)
Taxation and Finance, Department of
12 / Metropolitan Transportation Business Tax Surcharge (A)
Workers’ Compensation Board
12 / Impairment Guidelines for Schedule Loss of Use Evaluations (RP)
Hearings Scheduled for Proposed Rule Makings / 15
Action Pending Index / 17
Securities Offerings
65 / State Notices
Advertisements for Bidders/Contractors
67 / Sealed Bids
Notice of Availability of State and Federal Funds
71 / Homeland Security and Emergency Services, Division of
Miscellaneous Notices/Hearings
73 / Notice of Abandoned Property Received by the State Comptroller
73 / Public NoticeRULE MAKING
ACTIVITIES
Each rule making is identified by an I.D. No., which consists Purpose: To delete positions from and classify positions in the non-
of 13 characters. For example, the I.D. No. AAM-01-96- competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
00001-E indicates the following: Service, listing positions in the non-competitive class, in the Education
Department under the subheading “New York State Higher Education Ser-
AAM -the abbreviation to identify the adopting agency vices Corporation,” by deleting therefrom the positions of Student Loan
01 -the State Register issue number Control Representative (15) and by adding thereto the positions of Student
96 -the year Loan Control Representative 1 (15).
Text of proposed rule and any required statements and analyses may be
00001 -the Department of State number, assigned upon obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
receipt of notice. State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: jennifer.paul@cs.ny.gov
E -Emergency Rule Making—permanent action
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
not intended (This character could also be: A Department of Civil Service, Empire State Plaza, Agency Building 1,
for Adoption; P for Proposed Rule Making; RP Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov
for Revised Rule Making; EP for a combined Public comment will be received until: 45 days after publication of this
notice.
Emergency and Proposed Rule Making; EA for Regulatory Impact Statement
an Emergency Rule Making that is permanent A regulatory impact statement is not submitted with this notice because
and does not expire 90 days after filing.) this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
Italics contained in text denote new material. Brackets 01-17-00013-P, Issue of January 4, 2017.
indicate material to be deleted. Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-17-00013-P, Issue of January 4, 2017.
Department of Civil Service Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
NOTICE OF EXPIRATION previously printed under a notice of proposed rule making, I.D. No. CVS-
01-17-00013-P, Issue of January 4, 2017.
The following notices have expired and cannot be reconsidered
unless the Department of Civil Service publishes a new notice of Job Impact Statement
proposed rule making in the NYS Register. A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
Jurisdictional Classification printed under a notice of proposed rule making, I.D. No. CVS-01-17-
00013-P, Issue of January 4, 2017.
I.D. No. Proposed Expiration Date
CVS-44-16-00001-P November 2, 2016 November 2, 2017 PROPOSED RULE MAKING
CVS-44-16-00002-P November 2, 2016 November 2, 2017
CVS-44-16-00003-P November 2, 2016 November 2, 2017
NO HEARING(S) SCHEDULED
CVS-44-16-00004-P November 2, 2016 November 2, 2017
Jurisdictional Classification
CVS-44-16-00005-P November 2, 2016 November 2, 2017
CVS-44-16-00006-P November 2, 2016 November 2, 2017 I.D. No. CVS-47-17-00002-P
CVS-44-16-00007-P November 2, 2016 November 2, 2017
CVS-44-16-00008-P November 2, 2016 November 2, 2017 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
CVS-44-16-00009-P November 2, 2016 November 2, 2017 cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
PROPOSED RULE MAKING
Statutory authority: Civil Service Law, section 6(1)
NO HEARING(S) SCHEDULED Subject: Jurisdictional Classification.
Purpose: To classify positions in the non-competitive class.
Jurisdictional Classification
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
I.D. No. CVS-47-17-00001-P Service, listing positions in the non-competitive class, in the Westchester
County Service under the subheading “Department of Emergency Ser-
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- vices,” by adding thereto the positions of Disaster Volunteer Coordina-
cedure Act, NOTICE is hereby given of the following proposed rule: tor(s) part time.
Text of proposed rule and any required statements and analyses may be
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
Statutory authority: Civil Service Law, section 6(1) State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
Subject: Jurisdictional Classification. email: jennifer.paul@cs.ny.gov
1Rule Making Activities NYS Register/November 22, 2017
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS printed under a notice of proposed rule making, I.D. No. CVS-01-17-
Department of Civil Service, Empire State Plaza, Agency Building 1, 00013-P, Issue of January 4, 2017.
Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov
Public comment will be received until: 45 days after publication of this PROPOSED RULE MAKING
notice. NO HEARING(S) SCHEDULED
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because Jurisdictional Classification
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS- I.D. No. CVS-47-17-00004-P
01-17-00013-P, Issue of January 4, 2017.
Regulatory Flexibility Analysis PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
A regulatory flexibility analysis is not submitted with this notice because cedure Act, NOTICE is hereby given of the following proposed rule:
this rule is subject to a consolidated regulatory flexibility analysis that was Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
previously printed under a notice of proposed rule making, I.D. No. CVS- Statutory authority: Civil Service Law, section 6(1)
01-17-00013-P, Issue of January 4, 2017. Subject: Jurisdictional Classification.
Rural Area Flexibility Analysis Purpose: To classify a position in the exempt class.
A rural area flexibility analysis is not submitted with this notice because Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
this rule is subject to a consolidated rural area flexibility analysis that was Service, listing positions in the exempt class, in the Executive Department
previously printed under a notice of proposed rule making, I.D. No. CVS- under the subheading “Office for the Aging,” by increasing the number of
01-17-00013-P, Issue of January 4, 2017. positions of Special Assistant from 2 to 3.
Job Impact Statement Text of proposed rule and any required statements and analyses may be
A job impact statement is not submitted with this notice because this rule obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
is subject to a consolidated job impact statement that was previously State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
printed under a notice of proposed rule making, I.D. No. CVS-01-17- email: jennifer.paul@cs.ny.gov
00013-P, Issue of January 4, 2017. Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
Department of Civil Service, Empire State Plaza, Agency Building 1,
PROPOSED RULE MAKING Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov
NO HEARING(S) SCHEDULED Public comment will be received until: 45 days after publication of this
notice.
Jurisdictional Classification Regulatory Impact Statement
I.D. No. CVS-47-17-00003-P A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 01-17-00013-P, Issue of January 4, 2017.
cedure Act, NOTICE is hereby given of the following proposed rule: Regulatory Flexibility Analysis
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR. A regulatory flexibility analysis is not submitted with this notice because
Statutory authority: Civil Service Law, section 6(1) this rule is subject to a consolidated regulatory flexibility analysis that was
Subject: Jurisdictional Classification. previously printed under a notice of proposed rule making, I.D. No. CVS-
Purpose: To delete positions from and classify a position in the exempt 01-17-00013-P, Issue of January 4, 2017.
class. Rural Area Flexibility Analysis
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified A rural area flexibility analysis is not submitted with this notice because
Service, listing positions in the exempt class, in the Department of Public this rule is subject to a consolidated rural area flexibility analysis that was
Service, by deleting therefrom the positions of Assistant to the Secretary previously printed under a notice of proposed rule making, I.D. No. CVS-
of the Public Service Commission and Coordinator of Generating Facili- 01-17-00013-P, Issue of January 4, 2017.
ties Siting and by increasing the number of positions of Secretary from 3 Job Impact Statement
to 4.
A job impact statement is not submitted with this notice because this rule
Text of proposed rule and any required statements and analyses may be is subject to a consolidated job impact statement that was previously
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire printed under a notice of proposed rule making, I.D. No. CVS-01-17-
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, 00013-P, Issue of January 4, 2017.
email: jennifer.paul@cs.ny.gov
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS PROPOSED RULE MAKING
Department of Civil Service, Empire State Plaza, Agency Building 1,
Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov NO HEARING(S) SCHEDULED
Public comment will be received until: 45 days after publication of this
notice. Jurisdictional Classification
Regulatory Impact Statement I.D. No. CVS-47-17-00005-P
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
previously printed under a notice of proposed rule making, I.D. No. CVS- cedure Act, NOTICE is hereby given of the following proposed rule:
01-17-00013-P, Issue of January 4, 2017. Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Regulatory Flexibility Analysis Statutory authority: Civil Service Law, section 6(1)
A regulatory flexibility analysis is not submitted with this notice because
Subject: Jurisdictional Classification.
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To classify positions in the non-competitive class.
01-17-00013-P, Issue of January 4, 2017. Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Rural Area Flexibility Analysis Service, listing positions in the non-competitive class, in the State
University of New York under the subheading “State University Colleges,”
A rural area flexibility analysis is not submitted with this notice because by adding thereto the position of øSecretary 1 (1) at SUC at New Paltz and
this rule is subject to a consolidated rural area flexibility analysis that was by increasing the number of positions of øSecretary 2 at SUC at New Paltz
previously printed under a notice of proposed rule making, I.D. No. CVS- from 1 to 2.
01-17-00013-P, Issue of January 4, 2017. Text of proposed rule and any required statements and analyses may be
Job Impact Statement obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
A job impact statement is not submitted with this notice because this rule State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
is subject to a consolidated job impact statement that was previously email: jennifer.paul@cs.ny.gov
2NYS Register/November 22, 2017 Rule Making Activities
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS PROPOSED RULE MAKING
Department of Civil Service, Empire State Plaza, Agency Building 1,
Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov NO HEARING(S) SCHEDULED
Public comment will be received until: 45 days after publication of this
notice. Jurisdictional Classification
Regulatory Impact Statement I.D. No. CVS-47-17-00007-P
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
previously printed under a notice of proposed rule making, I.D. No. CVS- cedure Act, NOTICE is hereby given of the following proposed rule:
01-17-00013-P, Issue of January 4, 2017.
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Regulatory Flexibility Analysis
Statutory authority: Civil Service Law, section 6(1)
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was Subject: Jurisdictional Classification.
previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To classify positions in the exempt class.
01-17-00013-P, Issue of January 4, 2017. Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Rural Area Flexibility Analysis Service, listing positions in the exempt class, in the Department of
A rural area flexibility analysis is not submitted with this notice because Financial Services, by increasing the number of positions of Special As-
sistant from 23 to 28.
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS- Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
01-17-00013-P, Issue of January 4, 2017. State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
Job Impact Statement email: jennifer.paul@cs.ny.gov
A job impact statement is not submitted with this notice because this rule Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
is subject to a consolidated job impact statement that was previously Department of Civil Service, Empire State Plaza, Agency Building 1,
printed under a notice of proposed rule making, I.D. No. CVS-01-17- Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov
00013-P, Issue of January 4, 2017. Public comment will be received until: 45 days after publication of this
notice.
PROPOSED RULE MAKING Regulatory Impact Statement
NO HEARING(S) SCHEDULED A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
Jurisdictional Classification previously printed under a notice of proposed rule making, I.D. No. CVS-
01-17-00013-P, Issue of January 4, 2017.
I.D. No. CVS-47-17-00006-P
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- this rule is subject to a consolidated regulatory flexibility analysis that was
cedure Act, NOTICE is hereby given of the following proposed rule: previously printed under a notice of proposed rule making, I.D. No. CVS-
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. 01-17-00013-P, Issue of January 4, 2017.
Statutory authority: Civil Service Law, section 6(1) Rural Area Flexibility Analysis
Subject: Jurisdictional Classification. A rural area flexibility analysis is not submitted with this notice because
Purpose: To classify a position in the non-competitive class. this rule is subject to a consolidated rural area flexibility analysis that was
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified previously printed under a notice of proposed rule making, I.D. No. CVS-
Service, listing positions in the non-competitive class, in the State 01-17-00013-P, Issue of January 4, 2017.
University of New York under the subheading “State University Agricul- Job Impact Statement
tural and Technical Colleges,” by increasing the number of positions of A job impact statement is not submitted with this notice because this rule
øSecretary 2 at Delhi from 3 to 4. is subject to a consolidated job impact statement that was previously
Text of proposed rule and any required statements and analyses may be printed under a notice of proposed rule making, I.D. No. CVS-01-17-
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire 00013-P, Issue of January 4, 2017.
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: jennifer.paul@cs.ny.gov PROPOSED RULE MAKING
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS NO HEARING(S) SCHEDULED
Department of Civil Service, Empire State Plaza, Agency Building 1,
Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov Jurisdictional Classification
Public comment will be received until: 45 days after publication of this
notice. I.D. No. CVS-47-17-00008-P
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
this rule is subject to a consolidated regulatory impact statement that was cedure Act, NOTICE is hereby given of the following proposed rule:
previously printed under a notice of proposed rule making, I.D. No. CVS- Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
01-17-00013-P, Issue of January 4, 2017. Statutory authority: Civil Service Law, section 6(1)
Regulatory Flexibility Analysis Subject: Jurisdictional Classification.
A regulatory flexibility analysis is not submitted with this notice because Purpose: To classify a position in the exempt class.
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS- Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Executive Department
01-17-00013-P, Issue of January 4, 2017. under the subheading “Division of Criminal Justice Services,” by increas-
Rural Area Flexibility Analysis ing the number of positions of Special Assistant from 6 to 7.
A rural area flexibility analysis is not submitted with this notice because Text of proposed rule and any required statements and analyses may be
this rule is subject to a consolidated rural area flexibility analysis that was obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
previously printed under a notice of proposed rule making, I.D. No. CVS- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
01-17-00013-P, Issue of January 4, 2017. email: jennifer.paul@cs.ny.gov
Job Impact Statement Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
A job impact statement is not submitted with this notice because this rule Department of Civil Service, Empire State Plaza, Agency Building 1,
is subject to a consolidated job impact statement that was previously Albany, NY 12239, (518) 473-2624, email: public.comments@cs.ny.gov
printed under a notice of proposed rule making, I.D. No. CVS-01-17- Public comment will be received until: 45 days after publication of this
00013-P, Issue of January 4, 2017. notice.
3Rule Making Activities NYS Register/November 22, 2017
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
Education Department
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-17-00013-P, Issue of January 4, 2017. REVISED RULE MAKING
Regulatory Flexibility Analysis NO HEARING(S) SCHEDULED
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
Requirements for the Educational Leadership Service
previously printed under a notice of proposed rule making, I.D. No. CVS- I.D. No. EDU-37-17-00003-RP
01-17-00013-P, Issue of January 4, 2017.
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
Rural Area Flexibility Analysis cedure Act, NOTICE is hereby given of the following revised rule:
A rural area flexibility analysis is not submitted with this notice because Proposed Action: Amendment of section 80-3.10 of Title 8 NYCRR.
this rule is subject to a consolidated rural area flexibility analysis that was Statutory authority: Education Law, sections 207(not subdivided), 305(1),
previously printed under a notice of proposed rule making, I.D. No. CVS- 3001(1), 3004(1) and 3009(1)
01-17-00013-P, Issue of January 4, 2017. Subject: Requirements for the Educational Leadership Service.
Job Impact Statement Purpose: Modify the educational requirements for out-of-state candidates
A job impact statement is not submitted with this notice because this rule seeking licensure in New York.
is subject to a consolidated job impact statement that was previously Text of revised rule: 1. Subclause (1) of clause (a) of subparagraph (ii) of
printed under a notice of proposed rule making, I.D. No. CVS-01-17- paragraph (1) of subdivision (a) of section 80-3.10 is amended to read as
follows:
00013-P, Issue of January 4, 2017. (1) [The] (i) For candidates who apply for and meet the
requirements for a certificate under this subdivision on or before Septem-
ber 1, 2019, the candidate shall hold a master’s or higher degree from a
regionally accredited higher education institution or an equivalently ap-
Department of Corrections and proved higher education institution as determined by the department and
have successfully completed a program leading to the initial certificate as
Community Supervision a school building leader in the educational leadership service registered
pursuant to section 52.21(c)(2) of this Title, or its equivalent as determined
by the department, or an educational leadership program leading to a regu-
lar certificate in an equivalent title to a school building leader, accredited
NOTICE OF ADOPTION by an accrediting body recognized by the United States Department of
Education at a regionally accredited institution outside of New York State.
Officials of the Department of Corrections and Community (ii) [The] For candidates who apply for a certificate under
Supervision this subdivision on or after September 1, 2019 or candidates who apply
for a certificate on or before September 1, 2019 but do not meet all the
I.D. No. CCS-35-17-00001-A requirements for a certificate on before September 1, 2019, the candidate
Filing No. 981 shall hold a master’s or higher degree from a regionally accredited higher
Filing Date: 2017-11-07 education institution or an equivalently approved higher education institu-
tion as determined by the department and have successfully completed a
Effective Date: 2017-11-22 program leading to the initial certificate as a school building leader in the
educational leadership service registered pursuant to section 52.21(c)(2)
of this Title, or its equivalent as determined by the department, or an
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- educational leadership program leading to a regular certificate in an
cedure Act, NOTICE is hereby given of the following action: equivalent title to a school building leader, accredited by an accrediting
body recognized by the United States Department of Education at a region-
Action taken: Amendment of section 50.1(ah) of Title 7 NYCRR. ally accredited institution outside of New York State, provided that such
program leads to an initial certificate, or a similar certificate title and
Statutory authority: Correction Law, sections 7 and 112; Criminal Proce- type, in the jurisdiction in which the higher education institution is located.
dure Law, sections 1.20, subdivision 33 and 2.10(25) 2. Item (ii) of subclause (2) of clause (a) of subparagraph (i) of
paragraph (3) of subdivision (b) of section 80-3.10 is amended to read as
Subject: Officials of the Department of Corrections and Community follows:
Supervision. (ii) (A) for candidates who apply for and meet the
requirements for a certificate under this subdivision on or before Septem-
Purpose: To designate certain employees of the Department as officials ber 1, 2019, have successfully completed an educational leadership
with peace officer status. program outside of New York State that is equivalent to a program leading
to a professional certificate as a school district leader in the educational
Text or summary was published in the August 30, 2017 issue of the Reg- leadership service registered pursuant to section 52.21(c)(3) of this Title
ister, I.D. No. CCS-35-17-00001-EP. or an educational leadership program leading to a regular certificate in an
equivalent title to school district leader, accredited by an accrediting body
Final rule as compared with last published rule: No changes. recognized by the United States Department of Education at a regionally
accredited institution outside of New York State, including a requirement
Text of rule and any required statements and analyses may be obtained to pass an assessment equivalent to the New York State assessment for
from: Kevin P. Bruen, Deputy Commissioner and Counsel, NYS Depart- school district leadership, or alternatively the candidate shall satisfy this
ment of Corrections and Community Supervision, 1220 Washington Ave- component of the educational leadership program by passing the New
nue, Harriman State Campus, Albany, NY 12226-2050, (518) 457-4951, York State assessment for school district leadership. The requirement of
email: Rules@DOCCS.ny.gov achieving a satisfactory level of performance on an assessment equivalent
to the New York State assessment for school district leadership or
Initial Review of Rule alternatively passing such New York State assessment shall be waived if
As a rule that requires a RFA, RAFA or JIS, this rule will be initially the candidate completes the program prior to the availability of such New
York State assessment. The department shall determine the date on which
reviewed in the calendar year 2020, which is no later than the 3rd year af- such assessment is available. The candidate shall have successfully
ter the year in which this rule is being adopted. completed at least 60 semester hours of graduate study, which may include
graduate study completed outside of the educational leadership program.
Assessment of Public Comment (B) for candidates who apply for a certificate under this
The agency received no public comment. subdivision on or after September 1, 2019 or candidates who apply for a
4NYS Register/November 22, 2017 Rule Making Activities
certificate on or before September 1, 2019 but do not meet all the require- Data, views or arguments may be submitted to: Kelly Grace, New York
ments for a certificate on before September 1, 2019, have successfully State Education Department, 89 Washington Avenue, Albany, New York
completed an educational leadership program outside of New York State 12234, (518) 486-3633, email: REGCOMMENTS@nysed.gov
that is equivalent to a program leading to a professional certificate as a Public comment will be received until: 30 days after publication of this
school district leader in the educational leadership service registered pur- notice.
suant to section 52.21(c)(3) of this Title or an educational leadership Revised Regulatory Impact Statement
program leading to a regular certificate in an equivalent title to school Since publication of a Proposed Rule Making in the State Register on
district leader, accredited by an accrediting body recognized by the United September 13, 2018, the following substantial revisions were made to the
States Department of Education at a regionally accredited institution proposed rule:
outside of New York State, provided that such program leads to a profes- Section 80-3.10(c)(3)(ii)(b)(1) is amended to eliminate the language
sional certificate, or a similar certificate title and type, in the jurisdiction that states that for candidates who apply for, and meet the certification
in which the higher education institution is located, including a require-
ment to pass an assessment equivalent to the New York State assessment requirements in this subdivision by September 1, 2019, a higher education
for school district leadership, or alternatively the candidate shall satisfy institution that the commissioner deems substantially equivalent, provided
this component of the educational leadership program by passing the New that such program leads to a professional certificate, or a similar certificate
York State assessment for school district leadership. The requirement of title and type, in the jurisdiction in which the higher education institution
achieving a satisfactory level of performance on an assessment equivalent is located because this language was inadvertently added and is addressed
to the New York State assessment for school district leadership or by the new added subclause (b)(2) to subdivision (c)(3)(ii) of section 80-
alternatively passing such New York State assessment shall be waived if 3.10 of the Commissioner’s regulations.
the candidate completes the program prior to the availability of such New The above changes do not require any changes to the previously
York State assessment. The department shall determine the date on which published Regulatory Impact Statement.
such assessment is available. The candidate shall have successfully Revised Regulatory Flexibility Analysis
completed at least 60 semester hours of graduate study, which may include Since publication of a Notice Proposed Rule Making in the State Regis-
graduate study completed outside of the educational leadership program. ter on September 13, 2017, the proposed rule was revised as set forth in
3. Clause (b) of subparagraph (ii) of paragraph (3) of subdivision (c) of
section 80-3.10 is amended to read as follows: the Statement Concerning the Regulatory Impact Statement submitted
(b) (1) for candidates who apply for and meet the require- herewith.
ments for a certificate under this subdivision on or before September 1, The above revisions to the proposed rule do not require any revisions to
2019, have successfully completed an educational leadership program the previously published Regulatory Flexibility Analysis.
outside of New York State that is equivalent with a program leading to a Revised Rural Area Flexibility Analysis
professional certificate as a school district business leader in the educa- Since publication of a Notice Proposed Rule Making in the State Regis-
tional leadership service registered pursuant to section 52.21(c)(5) of this ter on September 13, 2017, the proposed rule was revised as set forth in
Title or an educational leadership program leading to a regular certificate the Statement Concerning the Regulatory Impact Statement submitted
in an equivalent title to school district business leader, accredited by an ac- herewith.
crediting body recognized by the United States Department of Education The above revisions to the proposed rule do not require any revisions to
at a regionally accredited institution outside of New York State, including the previously published Rural Area Flexibility Analysis.
a requirement to pass an assessment equivalent to the New York State as-
sessment for school district business leadership, or alternatively the Revised Job Impact Statement
candidate shall satisfy this component of the educational leadership Since publication of a Notice Proposed Rule Making in the State Regis-
program by passing the New York State assessment for school district ter on September 13, 2017, the proposed rule was revised as set forth in
business leadership. The requirement of achieving a satisfactory level of the Statement Concerning the Regulatory Impact Statement submitted
performance on an assessment equivalent to the New York State assess- herewith.
ment for school district business leadership or alternatively passing such The above revisions to the proposed rule do not require any revisions to
New York State assessment shall be waived if the candidate completes the the previously published Job Impact Statement.
program prior to the availability of such New York State assessment. The Assessment of Public Comment
department shall determine the date on which such assessment is available.
The candidate shall have successfully completed at least 60 semester hours The agency received no public comment.
of graduate study, which may include graduate study completed outside of
the educational leadership program.
(2) for candidates who apply for a certificate under this
subdivision on or after September 1, 2019 or candidates who apply for a State Board of Elections
certificate on or before September 1, 2019 but do not meet all the require-
ments for a certificate on or before September 1, 2019, have successfully
completed an educational leadership program outside of New York State PROPOSED RULE MAKING
that is equivalent with a program leading to a professional certificate as a
school district business leader in the educational leadership service NO HEARING(S) SCHEDULED
registered pursuant to section 52.21(c)(5) of this Title or an educational
leadership program leading to a regular certificate in an equivalent title Voting by Certain Special Federal Voters
to school district business leader, accredited by an accrediting body
recognized by the United States Department of Education at a regionally I.D. No. SBE-47-17-00009-P
accredited institution outside of New York State, provided that such
program leads to a professional certificate, or a similar certificate title PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
and type, in the jurisdiction in which the higher education institution is lo- cedure Act, NOTICE is hereby given of the following proposed rule:
cated, including a requirement to pass an assessment equivalent to the
New York State assessment for school district business leadership, or Proposed Action: Addition of Part 6219 to Title 9 NYCRR.
alternatively the candidate shall satisfy this component of the educational Statutory authority: Election Law, sections 11-220, 3-102[1] and
leadership program by passing the New York State assessment for school 3-102[17]
district business leadership. The requirement of achieving a satisfactory Subject: Voting by certain special Federal voters.
level of performance on an assessment equivalent to the New York State Purpose: Provide procedures for certain special Federal voters.
assessment for school district business leadership or alternatively passing Text of proposed rule: A new Part 6219 is added 9 NYCRR to read as
such New York State assessment shall be waived if the candidate completes follows:
the program prior to the availability of such New York State assessment. 6219 Certain Special Federal Voters Also Entitled to State and Local
The department shall determine the date on which such assessment is Ballots.
available. The candidate shall have successfully completed at least 60 se- 6219.1 Absentee Voters Entitled to Special Federal Ballot.
mester hours of graduate study, which may include graduate study Voters who submit an otherwise valid Federal Post Card Application
completed outside of the educational leadership program. pursuant to Article 11 Title 2 of the Election Law and 52 USC
Revised rule compared with proposed rule: Substantial revisions were § 20302[a][4] and select on such application the category “I am a US cit-
made in section 80-3.10(c)(3). izen residing outside the United States, and I intend to return” are entitled
Text of revised proposed rule and any required statements and analyses to a special federal ballot. Such voters when also duly registered to vote
may be obtained from Kirti Goswami, New York State Education Depart- pursuant to Article 5 of the Election Law are entitled to the state and local
ment, 89 Washington Avenue, Albany, NY 12234, (518) 474-8966, email: ballot in conformity with the provisions of the Election Law.
kgoswami@nysed.gov 6219.2 Procedure.
5Rule Making Activities NYS Register/November 22, 2017
Voters meeting the criteria of 6219.1 shall be entered into the special
federal ballot transmittal system provided by the state board of elections.
Such special federal voters shall be identified therein apart from other New York State Gaming
special federal voters as also entitled to receive a state and local ballot.
Such voters shall receive the special federal ballot in conformity with state Commission
and federal law, and shall receive the state and local portion of the ballot
in conformity with state law through the aforesaid transmittal system.
6219.3 No New State Law Entitlement. REVISED RULE MAKING
Nothing herein shall be construed to permit a voter who does not meet
the requirements for voter registration provided for in Article 5 of the NO HEARING(S) SCHEDULED
Election law to receive a ballot containing state or local offices.
Text of proposed rule and any required statements and analyses may be Anti-Stacking of NSAIDs, Add Diclofenac (HA) and Delete
obtained from: Brian L. Quail, Esq., New York State Board of Elections, Meclofenamic Acid From 48-Hour NSAIDs
40 North Pearl Street, Suite 5, Albany, New York 12207-2729, (518) 474-
2063, email: brian.quail@elections.ny.gov I.D. No. SGC-45-16-00004-RP
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: 45 days after publication of this PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
notice. cedure Act, NOTICE is hereby given of the following revised rule:
Regulatory Impact Statement Proposed Action: Amendment of sections 4043.2(e) and 4120.2(e) of
1. Statutory authority: New York State Election Law Sections 11-220; Title 9 NYCRR.
3-102 [1], 3-102 [17] give the State Board of Elections the authority to Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law,
promulgate rules relating to the administration of the election process. sections 103(2), 104(1), (19), 301(1), (2) and 902(1)
2. Legislative objectives: The principle purpose of this proposal is Subject: Anti-stacking of NSAIDs, add diclofenac (HA) and delete
implement Article 11 Title 2 of the Election Law in a manner that comports meclofenamic acid from 48-hour NSAIDs.
with operative state and federal law, in particular providing to certain Purpose: To enable the Commission to preserve the integrity of pari-
special federal voters the state and local portion of the ballot when such mutuel racing while generating reasonable revenue for the support of
voters are duly entitled to same as a matter of state law. government.
3. Needs and benefits: This proposal is needed to conform state and
federal law and ensure proper processing of applications pursuant to Title Text of revised rule: Paragraph 14 of subdivision (e) of section 4043.2 of
2 of Article 11 of the Election Law. The need and benefit of this regulation 9 NYCRR would be amended, as follows:
is that it ensures voter receive the correct ballot(s). § 4043.2. Restricted use of drugs, medication and other substances.
4. Costs: The proposed amendment is cost neutral in that it does not ***
require any additional processing costs or other burdens. (e) The following substances are permitted to be administered by any
5. Local government mandates: There are no additional responsibilities means until 48 hours before the scheduled post time of the race in which
imposed by this rule upon any county, city, town, village, school district, the horse is to compete:
fire district or other special district. The regulation provides for processing ***
certain applications using existing resources. (14) no more than one of the following nonsteroidal anti-
inflammatory drugs ([NSAID’s] NSAIDs): diclofenac, flunixin (e.g.,
6. Paperwork: This proposal imposes no new reporting or regulatory fil- Banamine), ketoprofen (e.g., Orudis), [meclofenamic acid (e.g., Arquel),]
ing requirements. naproxen (e.g., Naprosyn, Equiproxen), and phenylbutazone (e.g.,
7. Duplication: This proposal does not impose any duplicative regula- [Butazolidin] Butazolidin). One other such NSAID may be administered
tory burden or reporting requirements. within one week of the race in which the horse is to compete, provided that
8. Alternatives: There is no alternative to this regulation. The regulation such NSAID is administered at least 96 hours before such race;
does not make policy choices; it conforms practices to relevant state and Paragraphs 9, 14 and 21 of subdivision (e) of section 4120.2 of 9
federal law. NYCRR would be amended, as follows:
9. Federal standards: This rulemaking is related to ensuring 52 USC § 4120.2. Restricted use of drugs, medication and other substances.
§ 20302 is properly applied. ***
10. Compliance schedule: Compliance can be immediate upon publica- (e) The following substances are permitted to be administered by any
tion of the Notice of Adoption in the State Register. means until 48 hours before the scheduled post time of the race in which
Regulatory Flexibility Analysis the horse is to compete:
***
Under SAPA 202-b(3)(a), when a rule does not impose an adverse eco- (9) hormones and, except for any formulation of methylprednisolone,
nomic impact on small business or local government and the agency finds non-anabolic steroids, e.g., progesterone, estrogens, chorionic gonadatro-
it would not impose reporting, recordkeeping, or other compliance require- pin, glucocorticoids, except in joint injections as restricted in subdivision
ments on such entities, the agency may file a Statement in Lieu of. This (i) of this section;
rule will not impact small business operations or local government ***
functions. This rule provides procedures for processing certain applica- (14) no more than one of the following nonsteroidal anti-
tions for special federal ballots. It imposes no additional compliance, inflammatory drugs ([NSAID’ s] NSAIDs): [Phenylbutazone (e.g.,
regulatory or reporting requirements on local governments or small Butazolidin)] diclofenac, [Flunixin] flunixin (e.g., Banamine), ketoprofen
businesses. (e.g., Orudis), [meclofenamic acid (Arquel),] naproxen (e.g., Naprosyn,
Equiproxen), [Ketoprofen (e.g., Orudis)] and phenylbutazone (e.g.,
Rural Area Flexibility Analysis Butazolidin). One other such NSAID may be administered within one week
Under SAPA 202-bb(4)(a), when a rule does not impose an adverse eco- of the race in which the horse is to compete, provided that such NSAID is
nomic impact on rural areas and the agency finds it would not impose administered at least 96 hours before such race;
reporting, recordkeeping, or other compliance requirements on public or ***
private entities in rural areas, the agency may file a Statement in Lieu of. [(21) notwithstanding paragraph (9) of this subdivision, the cortico-
This rule has statewide application, providing procedure related to steroid methylprednisolone (e.g., Depo Medrol) is not a substance that is
processing certain applications for special federal ballots. The proposed permitted to be administered by any means until 48 hours before the
rule does not create any materially new reporting, recordkeeping or other scheduled post time of the race in which the horse is to compete.]
routine compliance requirements other than to define how the optional use Revised rule compared with proposed rule: Substantial revisions were
of the independent automated audit tool will be accomplished. Accord- made in sections 4043.2(e)(14) and 4120.2(e)(14).
ingly, this rule has no adverse impact. Text of revised proposed rule and any required statements and analyses
Job Impact Statement may be obtained from Kristen M. Buckley, New York State Gaming Com-
Under SAPA 201-a(2)(a), when it is apparent from the nature and purpose mission, One Broadway Center, PO Box 7500, Schenectady, NY 12301,
of the rule that it will not have a substantial adverse impact on jobs and (518) 388-3407, email: gamingrules@gaming.ny.gov
employment opportunities, the agency may file a Statement in Lieu of. Data, views or arguments may be submitted to: Same as above.
This rulemaking, as is apparent from its nature and purpose, will not have Public comment will be received until: 30 days after publication of this
an adverse impact on jobs or employment opportunities. The proposed notice.
amendment provides for a change to processing certain applications for Revised Regulatory Impact Statement
special federal voters. This rulemaking imposes no regulatory burden on 1. Statutory authority: The New York State Gaming Commission
any facet of job creation or employment. (“Commission”) is authorized to promulgate these rules pursuant to Rac-
6NYS Register/November 22, 2017 Rule Making Activities
ing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) Sections recommended by the Association of Racing Commissioners International,
103(2), 104(1, 19), 301(1, 2) and 902(1). Under Section 103(2), the Com- Inc. (“ARCI”). This alternative was rejected because it is incomplete and
mission is responsible for supervising, regulating and administering all restricted time periods are easier and safer for trainers to follow.
horse racing and pari-mutuel wagering activities in the State. Subdivision 9. Federal standards: None.
(1) of Section 104 confers upon the Commission general jurisdiction over 10. Compliance schedule: Regulated persons will be able to achieve
all such gaming activities within the State and over the corporations, as- compliance with the rule upon publication of a Notice of Adoption in the
sociations and persons engaged in such activities. Subdivision (19) of Sec- New York State Register.
tion 104 authorizes the Commission to promulgate any rules and regula- Revised Regulatory Flexibility Analysis, Rural Area Flexibility Analysis
tions that it deems necessary to carry out its responsibilities. Under Section and Job Impact Statement
301, which applies to only harness racing, the Commission is authorized This rulemaking proposal does not necessitate a revision to the previously
to supervise generally all harness race meetings and to adopt rules to published analyses and statement and does not have an adverse effect on
prevent the circumvention or evasion of its regulatory purposes and provi- small businesses, local governments, jobs, or rural areas.
sions, and is directed to adopt rules to prevent horses from racing under
the influence of substances affecting their speed. Section 902(1) authorizes Assessment of Public Comment
The Commission received public comments from the New York
the Commission to promulgate rules and regulations for an equine drug Thoroughbred Horsemen’s Association (NYTHA) and the Racing Medica-
testing program that assures the public’s confidence and continues the tion and Testing Consortium (RMTC).
high degree of integrity in pari-mutuel racing and to impose administra- NYTHA urges the Commission to consider uniformity with other
tive penalties for racing a drugged horse. jurisdictions and, while understanding the goal of simplifying the
2. Legislative objectives: To enable the Commission to preserve the in- complicated national model rule of the Association of Racing Commis-
tegrity of pari-mutuel racing while generating reasonable revenue for the sioners International, Inc. (ARCI), cautions against restricting horseper-
support of government. sons far more in New York than would the ARCI approach. Many states,
3. Needs and benefits: This revised rulemaking is necessary to adjust particularly mid-Atlantic racing jurisdictions, have adopted the ARCI ap-
the Commission’s restricted time periods governing the administration of proach which, in particular, allows more than one non-steroidal anti-
non-steroidal anti-inflammatory drugs (“NSAID”) within one week of a inflammatory drug (NSAID) to be used within one week of a race.
horse racing. NYTHA recommended that the Commission not take action until further
The revised proposal would allow the use of a second NSAID within discussions with RMTC and ARCI. The Commission has been in further
one week of racing, provided it was used at least 96 hours before racing, in contact with leading veterinarians and members of RMTC and ARCI and
addition to the original proposal that would allow one NSAID to be used has revised its proposal to permit the use of a second NSAID within one
until 48 hours before racing. Currently, six NSAIDs may be used until 48 week of racing. The Commission notes that the proposal continues the
hours before racing under subdivision (e)(14) to 9 NYCRR § 4043.2 Commission’s approach of regulating equine drugs, including NSAIDs,
with restricted time periods that provide clear guidance and assures train-
(thoroughbred racing) and 4120.2 (standardbred racing). As originally ers and veterinarians that those who abide by the time restrictions will not
proposed, only one of these NSAIDs could be used as an exception to the incur an equine drug positive. As when the Commission approved 48-hour
general one-week restriction against using equine drugs at 9 NYCRR restricted time periods to regulate six NSAIDs that are permitted within
§§ 4043.2(h) and 4120.2(n). The revision will allow the use of a second one week of racing, see December 31, 2014 State Register, p. 59, the Com-
NSAID, because this may provide a veterinary benefit to a race horse, mission’s general restriction on equine drugs, the revised proposal is the
within one week of racing. best method that trainers may rely on when following accepted veterinary
Such revision will meet the original proposal’s objective of preventing practices (e.g., clinical doses) to ensure compliance with the ARCI anti-
concurrent (“stacking”) or other excessive administrations of NSAIDs to stacking thresholds in other states. The Commission’s revised proposal
race horses. As revised, a person cannot combine NSAIDs in sub-clinical also accomplishes the twin objectives of proscribing the stacking of all
doses in the 48 hours before a horse’s race to conceal the impermissible (the ARCI model rule regulates only three) NSAIDs and the overuse of
administration of substances that could remain efficacious because of the multiple NSAIDs during race week, which is medically unnecessary and a
synergy of combined NSAID administrations. Further, the overuse of health risk to race horses.
multiple NSAIDs in the week before racing, aggressively to prepare a RMTC shares NYTHA’s concern that the Commission should allow
horse for racing, will be restricted by limiting NSAIDs to only two. more than one NSAID within one week of a race and similarly urges
A second revision deletes meclofenamic acid from the list of NSAIDs uniformity. As noted above, the Commission has revised the proposal to
that are permitted within one week of racing at 9 NYCRR §§ 4043.2(e)(14) permit the use of a second NSAID but believes that its proposed restricted
and 4120.2(e)(14). This substance is no longer marketed by a pharmaceuti- time periods are more complete than the ARCI model rule, easier to
cal company and compounded forms may be efficacious for more than 48 comprehend and follow, and beneficial because trainers and veterinarians
hours. There is no veterinary necessity for its use within one week of rac- can rely on the Commission’s approach to ensure that they will comply
ing and there is no national threshold for this drug. with the ARCI model rule, which only applies laboratory thresholds.
The proposal would continue to add diclofenac to the list of permissible RMTC also indicates that one research article disputes that stacking
NSAIDs to use within one week of racing in standardbred horses by NSAIDs may create a greater clinical effect. This is only one aspect of the
conforming 9 NYCRR § 4120.2 (e)(14) to 9 NYCRR § 4043.2(e)(14), anti-stacking rule proposal, however, and RMTC does not advocate that
which permits this for thoroughbred horses. This will be consistent with racing commissions should no longer attempt to regulate the stacking of
national threshold adopted by the Commission for standardbred horses at NSAIDs.
9 NYCRR § 4120.3(7).
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
Department of Health
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 NOTICE OF ADOPTION
upon the Commission, the State, or local government. The rule will be
implemented using the Commission’s existing regulatory and medication Physician and Pharmacies; Prescribing, Administering and
testing program. There will be no costs to local governments because they Dispensing for the Treatment of Narcotic Addiction
do not regulate pari-mutuel racing activities.
(c) The information, including the source(s) of such information and the I.D. No. HLT-21-17-00001-A
methodology upon which the cost analysis is based: The Commission has Filing No. 980
determined that no costs will be imposed based upon the fact that the rule Filing Date: 2017-11-07
does not create any new mandatory duty or obligation, utilizes an existing
regulatory framework and medication testing program, and merely modi- Effective Date: 2017-11-22
fies a medication rule.
5. Local government mandates: None. The New York State Gaming PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
Commission is the only governmental entity authorized to regulate pari- cedure Act, NOTICE is hereby given of the following action:
mutuel racing activities.
6. Paperwork: There will be no additional paperwork. Action taken: Amendment of section 80.84 of Title 10 NYCRR.
7. Duplication: None. Statutory authority: Public Health Law, section 3308(2)
8. Alternatives. The Commission considered restricting only three Subject: Physician and Pharmacies; Prescribing, Administering and
NSAIDs by adopting the model anti-stacking (“secondary”) thresholds Dispensing for the Treatment of Narcotic Addiction.
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