[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5183-5184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2257]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 523
RIN 3141-AA45
Review and Approval of Existing Ordinances or Resolutions; Repeal
AGENCY: National Indian Gaming Commission.
ACTION: Final rule.
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SUMMARY: The National Indian Gaming Commission is repealing obsolete
regulations relating to tribal gaming ordinances enacted prior to 1993
that have not yet been submitted to the NIGC Chair. The repealed
regulations apply only to gaming ordinances enacted by Tribes prior to
January 22, 1993, and not yet submitted to the Chairwoman. Based upon
comments received, the Commission believes that all gaming ordinances
enacted prior to January 22, 1993, have been submitted to the Chair for
review. Therefore, this regulation is no longer necessary, and the
Commission removes it in its entirety.
DATES: This rule is effective on March 5, 2012.
FOR FURTHER INFORMATION CONTACT: Jennifer Ward, Staff Attorney, Office
of General Counsel, at (202) 632-7003; fax (202) 632-7066.
SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA or
Act), Public Law 100-497, 25 U.S.C. 2701 et seq., authorizes the NIGC
to promulgate such regulations and
[[Page 5184]]
guidelines as it deems appropriate to implement certain provisions of
the Act. 25 U.S.C. 2706(b)(10). On November 12, 2010, the Commission
issued a Notice of Inquiry (NOI) requesting comment on which of its
regulations were most in need of revision, in what order the Commission
should review its regulations, and the process NIGC should utilize to
make revisions. The NOI was published in the Federal Register on
November 18, 2010. 75 FR 70680. The Commission's regulatory review
process established a tribal consultation schedule of 33 meetings over
11 months with a description of the regulation groups to be covered at
each consultation. On October 12, 2011, the Commission published a
Notice of Proposed Rulemaking (NPRM) indicating its intent to repeal
part 523 and requested comment through December 12, 2011. 76 FR 63236.
I. Removal of Part 523--Review and Approval of Existing Ordinances or
Resolutions
Part 523 applies only to gaming ordinances or resolutions enacted
by Tribes prior to January 22, 1993, and not yet submitted to the
Chairwoman. All comments received in response to the NOI, during tribal
consultation meetings, or in response to the NPRM indicated that any
ordinances or resolutions enacted prior to January 22, 1993 already
have been submitted to the Chair for review. Accordingly, comments
support the repeal of this part. A review of the Commission documents
also did not find any ordinances or resolutions meeting the criteria of
this part that require review. Because this regulation appears to be no
longer necessary, the Commission removes this part.
II. Specific Comments
Four tribes responded to the NPRM. Of these four, none had
effective ordinances that were enacted prior to 1993. Two tribes were
supportive of the rule, one had no objection, and the fourth declined
comment other than to say the repeal would not affect it..
III. Regulatory Matters
Regulatory Flexibility Act
The proposed rule will not have a significant impact on a
substantial number of small entities as defined under the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not
considered to be small entities for the purposes of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
The final rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. The rule does not have an
effect on the economy of $100 million or more. The rule will not cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, local government agencies or geographic
regions, nor will the proposed rule have a significant adverse effect
on competition, employment, investment, productivity, innovation, or
the ability of the enterprises, to compete with foreign based
enterprises.
Unfunded Mandate Reform Act
The Commission, as an independent regulatory agency, is exempt from
compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2
U.S.C. 658(1).
Takings
In accordance with Executive Order 12630, the Commission has
determined that the final rule does not have significant takings
implications. A takings implication assessment is not required.
Civil Justice Reform
In accordance with Executive Order 12988, the Commission has
determined that the rule does not unduly burden the judicial system and
meets the requirements of sections 3(a) and 3(b)(2) of the Order.
National Environmental Policy Act
The Commission has determined that the rule does not constitute a
major federal action significantly affecting the quality of the human
environment and that no detailed statement is required pursuant to the
National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule merely repeals a previous rule, and does not establish, or
modify any information reporting or recordkeeping requirements, and
therefore is not subject to the requirements of the Paperwork Reduction
Act.
Text of the Final Rule
For the reasons stated in the preamble, and under the authority 25
U.S.C. 2701, the National Indian Gaming Commission removes and reserves
25 CFR part 523.
PART 523--[REMOVED AND RESERVED]
Authority: 25 U.S.C. 2701, 2706(b)(10).
Dated: January 27, 2012, in Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2012-2257 Filed 2-1-12; 8:45 am]
BILLING CODE 7565-01-P