[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Proposed Rules]
[Pages 41810-41811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19954]


=======================================================================
-----------------------------------------------------------------------

NATIONAL INDIAN GAMING COMMISSION

25 CFR Part 502

RIN 3141-AA10


Definitions: Electronic or Electromechanical Facsimile

AGENCY: National Indian Gaming Commission.

ACTION: Proposed rule: Notice of extension of time.

-----------------------------------------------------------------------

SUMMARY: On June 22, 2001, the National Indian Gaming Commission 
(Commission) issued a Notice of Proposed Rulemaking (Volume 66, Number 
121, Pages 33494-33495)) proposing amending its regulations by removing 
the definition of ``electronic and electromechanical facsimile'' now 
set forth at 25 CFR 502.8 and using, instead, the plain language 
interpretation of the phrase. Upon a formal request from the United 
States Department of Justice, the date for filing comments is being 
extended.

DATES: Comments shall be filed on or before August 21, 2001.

ADDRESSES: Send comments by mail, facsimile, or hand delivery to: 
Definitions: Electronic and Electromechanical Facsimile, Amendment 
Comments, National Indian Gaming Commission, Suite 9100, 1441 L Street, 
NW., Washington, DC 20005. Fax number: 202-632-7066 (not a toll-free 
number). Public comments may be delivered or inspected from 9 a.m. 
until noon and from 2 p.m. to 5 p.m. Monday through Friday.

FOR FURTHER INFORMATION, CONTACT: Michele F. Mitchell at 202-632-7003 
or,

[[Page 41811]]

by fax, at 202-632-7066 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (``IGRA'' 
or ``Act'') 25 U.S.C. 2701-2721, enacted on October 17, 1988, 
established the National Indian Gaming Commission (Commission). On 
April 9, 1992, the Commission issued a final rule defining key terms in 
the Act. Among the terms defined by the Commission was ``electronic or 
electromechanical facsimile.'' The Commission defined this term by 
reference to the Johnson Act, 15 U.S.C. 1171(a)(2) and (3). See 25 CFR 
502.8. To ensure consistency with developments in the case law and to 
ensure a uniform approach to this term by the Commission and the 
courts, the Commission, on June 22, 2001, proposed and sought public 
comment on removal of 25 CFR 502.8 and on using, instead, the plain 
language interpretation that has been preferred by the courts. The 
initial comment period expired on July 23, 2001. The United States 
Department of Justice has formally requested additional time to prepare 
comments on the proposed regulation. In addition, several comments were 
received after the initial comment period ended. The Commission has 
decided to extend the comment period until August 21, 2001.

    Dated: August 3, 2001.
Montie R. Deer,
Chairman, National Indian Gaming Commission.
[FR Doc. 01-19954 Filed 8-8-01; 8:45 am]
BILLING CODE 7565-01-P