[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Proposed Rules]
[Pages 4366-4368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00941]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Parts 581, 584, and 585
Appeal Proceedings Before the Commission
AGENCY: National Indian Gaming Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The National Indian Gaming Commission (NIGC or Commission)
proposes to revise its appeals rules to include, amongst the appealable
actions, the Chair's decisions to approve or object to a tribal gaming
regulatory authority's adoption of alternate standards from those
required by the Commission's minimum internal control standards and/or
technical standards.
DATES: The agency must receive comments on or before February 6, 2013.
ADDRESSES: You may submit comments by any one of the following methods,
however, please note that comments sent by electronic mail are strongly
encouraged.
[ssquf] Email comments to: [email protected].
[ssquf] Mail comments to: Armando Acosta, National Indian Gaming
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005.
[ssquf] Hand deliver comments to: 1441 L Street NW., Suite 9100,
Washington, DC 20005.
[ssquf] Fax comments to: Armando Acosta, National Indian Gaming
Commission, at (202) 632-0045.
FOR FURTHER INFORMATION CONTACT: Armando Acosta, National Indian Gaming
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005. Email:
[email protected]; telephone: (202) 632-7003.
SUPPLEMENTARY INFORMATION:
I. Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposed rules.
II. Background
The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100-497,
25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The
Act established the Commission and set out a comprehensive framework
for the regulation of gaming on Indian lands. The Act requires that the
Commission, by regulation, provide an opportunity for an appeal and a
hearing before the Commission on fines levied by the Chair against the
tribal operator of an Indian game or a management contractor, and to
determine whether a temporary closure order issued by the Chair should
be made permanent or dissolved. 25 U.S.C. 2713(a)(2), 2713(b). By
regulation, the Commission has also provided rights to tribes and/or
management contractors to appeal ordinance disapprovals, management
contract approvals or disapprovals, enforcement actions, and actions to
void an approved management contract. The appellate procedures for
these actions are all consolidated in this subchapter.
On September 21, 2012, the Commission published two final rules
amending 25 CFR parts 543 and 547. In its final rule for part 543, the
Commission provided tribal gaming regulatory authorities (TGRA) with
[[Page 4367]]
rights to appeal the Chair's decisions to approve or object to a TGRA's
adoption of alternate standards from those required by the Commission's
minimum internal control standards contained in part 543 (77 FR 58708,
Sept. 21, 2012). In its final rule for part 547, the Commission
provided TGRAs with rights to appeal the Chair's decisions to approve
or object to a TGRA's adoption of alternate standards from those
required by the Commission's technical standards contained in part 547
(77 FR 58473, Sept. 21, 2012).
III. Development of the Proposed Rule
On September 25, 2012, the Commission published a final rule
consolidating all appeal proceedings before the Commission into the
current subchapter H (Appeal Proceedings Before the Commission). 77 FR
58941, Sept. 25, 2012. However, the new appeal rights provided under
parts 543 and 547 were not included in the current subchapter H. Thus,
subchapter H must be revised to include the new appeal rights provided
to TGRAs under parts 543 and 547.
Regulatory Matters
Regulatory Flexibility Act
The 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 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 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 Mandates 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 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 proposed rule does not require information collection under
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq., and is
therefore not subject to review by the Office of Management and Budget.
Text of the Proposed Rules
For the reasons discussed in the Preamble, the Commission proposes
to amend its regulations in 25 CFR chapter III, subchapter H as
follows:
SUBCHAPTER H--APPEAL PROCEEDINGS BEFORE THE COMMISSION
PART 581--MOTIONS IN APPEAL PROCEEDINGS BEFORE THE COMMISSION
0
1. The authority citation for part 581 continues to read as follows:
Authority: 25 U.S.C. 2706, 2713, 2715.
0
2. In Sec. 581.1, the introductory text of paragraph (a) is
republished and paragraphs (a)(3) and (a)(4) are revised to read as
follows:
Sec. 581.1 What is the scope of this part?
(a) This part governs motion practice under:
* * * * *
(3) Part 584 of this subchapter relating to appeals before a
presiding official of notices of violation, orders of temporary
closure, proposed civil fine assessments, the Chair's decisions to void
or modify management contracts, the Commission's proposals to remove
certificates of self-regulation, the Chair's decisions to approve or
object to a tribal gaming regulatory authority's adoption of alternate
standards from those required by the Commission's minimum internal
control standards and/or technical standards, and notices of late fees
and late fee assessments; and
(4) Part 585 of this subchapter relating to appeals to the
Commission on written submissions of notices of violation, orders of
temporary closure, proposed civil fine assessments, the Chair's
decisions to void or modify management contracts, the Commission's
proposals to remove certificates of self-regulation, the Chair's
decisions to approve or object to a tribal gaming regulatory
authority's adoption of alternate standards from those required by the
Commission's minimum internal control standards and/or technical
standards, and notices of late fees and late fee assessments.
* * * * *
0
3. Revise Sec. 581.4 to read as follows:
Sec. 581.4 How do I file a motion before a presiding official?
Motion practice before a presiding official on appeals of notices
of violation, orders of temporary closure, proposed civil fine
assessments, the Chair's decisions to void or modify management
contracts, the Commission's proposals to remove certificates of self-
regulation, the Chair's decisions to approve or object to a tribal
gaming regulatory authority's adoption of alternate standards from
those required by the Commission's minimum internal control standards
and/or technical standards, and notices of late fees and late fee
assessments is governed by Sec. 584.4 of this subchapter.
PART 584--APPEALS BEFORE A PRESIDING OFFICIAL OF NOTICES OF
VIOLATION, PROPOSED CIVIL FINE ASSESSMENTS, ORDERS OF TEMPORARY
CLOSURE, THE CHAIR'S DECISIONS TO VOID OR MODIFY MANAGEMENT
CONTRACTS, THE COMMISSION'S PROPOSALS TO REMOVE A CERTIFICATE OF
SELF-REGULATION, THE CHAIR'S DECISIONS TO APPROVE OR OBJECT TO THE
ADOPTION OF ALTERNATE STANDARDS FROM THOSE REQUIRED BY THE
COMMISSION'S MINIMUM INTERNAL CONTROL STANDARDS AND/OR TECHNICAL
STANDARDS, AND NOTICES OF LATE FEES AND LATE FEE ASSESSMENTS
0
4. The authority citation for part 584 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.
0
5. Revise the part heading to part 584 to read as set forth above.
0
6. In Sec. 584.1, the introductory text of paragraph (a) is
republished. Redesignate paragraph (a)(6) as paragraph (a)(8) and add
new paragraphs (a)(6) and (a)(7) to read as follows:
[[Page 4368]]
Sec. 584.1 What does this part cover?
(a) This part applies to appeals of the following where the
appellant elects a hearing before a presiding official:
* * * * *
(6) The Chair's decisions to approve or object to a tribal gaming
regulatory authority's adoption of alternate standards from those
required by the Commission's minimum internal control standards under
part 543 of this chapter;
(7) The Chair's decisions to approve or object to a tribal gaming
regulatory authority's adoption of alternate standards from those
required by the Commission's technical standards under part 547 of this
chapter; and
* * * * *
0
7. Amend Sec. 584.2 to add new paragraph (c) to read as follows:
Sec. 584.2 Who may appeal?
* * * * *
(c) Appeals of the Chair's decisions to approve or object to the
adoption of alternate standards from those required by the Commission's
minimum internal control standards and/or technical standards may only
be brought by the tribal gaming regulatory authority that approved the
alternate standards for the gaming operation(s).
0
8. Revise the section heading to Sec. 584.3 to read as follows:
Sec. 584.3 How do I appeal a notice of violation, proposed civil fine
assessment, order of temporary closure, the Chair's decision to void or
modify a management contract, the Commission's proposal to remove a
certificate of self-regulation, the Chair's decision to approve or
object to a tribal gaming regulatory authority's adoption of alternate
standards from those required by the Commission's minimum internal
control standards and/or technical standards, and a notice of late fees
and late fee assessments?
* * * * *
PART 585--APPEALS TO THE COMMISSION ON WRITTEN SUBMISSIONS OF
NOTICES OF VIOLATION, PROPOSED CIVIL FINE ASSESSMENTS, ORDERS OF
TEMPORARY CLOSURE, THE CHAIR'S DECISIONS TO VOID OR MODIFY
MANAGEMENT CONTRACTS, THE COMMISSION'S PROPOSALS TO REMOVE A
CERTIFICATE OF SELF-REGULATION, THE CHAIR'S DECISIONS TO APPROVE OR
OBJECT TO THE ADOPTION OF ALTERNATE STANDARDS FROM THOSE REQUIRED
BY THE COMMISSION'S MINIMUM INTERNAL CONTROL STANDARDS AND/OR
TECHNICAL STANDARDS, AND NOTICES OF LATE FEES AND LATE FEE
ASSESSMENTS
0
9. The authority citation for part 585 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.
0
10. Revise the part heading to part 585 to read as set forth above.
0
11. In Sec. 585.1, the introductory text of paragraph (a) is
republished. Redesignate paragraph (a)(6) as paragraph (a)(8) and add
new paragraphs (a)(6) and (a)(7) to read as follows:
Sec. 585.1 What does this part cover?
(a) This part applies to appeals of the following where the
appellant does not elect a hearing before a presiding official and
instead elects to have the matter decided by the Commission solely on
the basis of the written submissions:
* * * * *
(6) The Chair's decisions to approve or object to a tribal gaming
regulatory authority's adoption of alternate standards from those
required by the Commission's minimum internal control standards under
part 543 of this chapter;
(7) The Chair's decisions to approve or object to a tribal gaming
regulatory authority's adoption of alternate standards from those
required by the Commission's technical standards under part 547 of this
chapter; and
* * * * *
0
12. Amend Sec. 585.2 to add new paragraph (c) to read as follows:
Sec. 585.2 Who may appeal?
* * * * *
(c) Appeals of the Chair's decisions to approve or object to the
adoption of alternate standards from those required by the Commission's
minimum internal control standards and/or technical standards may only
be brought by the tribal gaming regulatory authority that approved the
alternate standards for the gaming operation(s).
0
13. Revise the section heading to Sec. 585.3 to read as follows:
Sec. 585.3 How do I appeal a notice of violation, proposed civil fine
assessment, order of temporary closure, the Chair's decision to void or
modify a management contract, the Commission's proposal to remove a
certificate of self regulation, the Chair's decision to approve or
object to a tribal gaming regulatory authority's adoption of alternate
standards from those required by the Commission's minimum internal
control standards and/or technical standards, and notices of late fees
and late fee assessments?
* * * * *
Dated: January 14, 2013.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-00941 Filed 1-18-13; 8:45 am]
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