[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Rules and Regulations]
[Pages 4323-4324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00946]



National Indian Gaming Commission

25 CFR Part 573

Compliance and Enforcement

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Correcting amendments.


SUMMARY: On August 9, 2012, the National Indian Gaming Commission 
(NIGC) published a final rule amending its enforcement regulation to 
include a graduated pre-enforcement process for voluntary compliance. 
That rule referenced a rule that was later withdrawn and also 
incorrectly referenced an internal citation. This publication corrects 
the error and makes technical amendments to reference the Commission's 
recently finalized appeal rules contained in a new subchapter.

DATES: Effective: February 6, 2013.

FOR FURTHER INFORMATION CONTACT: Maria Getoff, National Indian Gaming 
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005. Email: 
[email protected]; telephone: (202) 632-7003.


I. 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 establishes the National Indian Gaming Commission (``Commission'') 
and sets out a comprehensive framework for the regulation of gaming on 
Indian lands. The purposes of IGRA includes providing a statutory basis 
for the operation of gaming by Indian tribes as a means of promoting 
tribal economic development, self-sufficiency, and strong tribal 
governments; ensuring that the Indian tribe is the primary beneficiary 
of the gaming operation; and declaring that the establishment of 
independent federal regulatory authority for gaming on Indian lands, 
the establishment of federal standards for gaming on Indian lands, and 
the establishment of a National Indian Gaming Commission are necessary 
to meet congressional concerns regarding gaming and to protect such 
gaming as a means of generating tribal revenue. 25 U.S.C. 2702.
    On August 9, 2012, the Commission published a final rule amending 
part 573 (Compliance and Enforcement) to include a graduated pre-
enforcement process through which a tribe may come into voluntary 
compliance. 77 FR 47517, Aug. 9, 2012. The part also sets forth general 
rules governing the Commission's enforcement of the IGRA, NIGC 
regulations, and tribal ordinances and resolutions approved by the 
Chair under 25 CFR part 522.
    On September 25, 2012, the Commission published a final rule 
consolidating all appeal proceedings before the Commission into a new 
subchapter H (Appeal Proceedings Before the Commission), thereby 
removing former parts 524, 539, and 577. 77 FR 58941, Sept. 25, 2012. 
Thus, any reference in part 573 to appeal rights in former part 577 is 
obsolete and must be revised to reference the new subchapter H.
    This document amends the final rule by making two technical 
amendments and a correction to the final rule to accurately identify 
referenced regulations. Specifically, this technical amendment amends 
Sec.  573.4(c)(3) and Sec.  573.5(a) to accurately reference the new 
subchapter H in place of part 577. Also, this document corrects an 
error in Sec.  573.2(c) by replacing a cross reference to paragraph 
``(b)'' with paragraph ``(a).''

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 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).


    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

[[Page 4324]]

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 require information collection under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 2501, et seq., and is 
therefore not subject to review by the Office of Management and Budget.

List of Subjects in 25 CFR Part 573

    Enforcement, Enforcement actions, Gambling, Gaming, Indians, Indian 

Text of the Rules

    For the reasons discussed in the Preamble, the Commission corrects 
its regulations at 25 CFR part 573 as follows:


1. The authority citation for part 573 continues to read as follows:

    Authority: 25 U.S.C. 2706(b)(1); 2713; E.O. 13175, 65 FR 67249, 
3 CFR 2000 Comp., p. 304.

2. In Sec.  573.2, revise paragraph (c) to read as follows:

Sec.  573.2  When may a letter of concern be issued?

* * * * *
    (c) A letter of concern issued under paragraph (a) of this section 
must provide a time period for the respondent to respond. If the letter 
of concern is resolved without enforcement action, NIGC staff may send 
an investigation completion letter pursuant to Sec.  571.4 of this 
* * * * *

3. In Sec.  573.4, revise paragraph (c)(3) to read as follows:

Sec.  573.4  When may the Chair issue an order of temporary closure?

* * * * *
    (c) * * *
    (3) Whether or not a respondent seeks informal expedited review 
under this paragraph, within thirty (30) days after the Chair serves an 
order of temporary closure the respondent may appeal the order to the 
Commission under subchapter H of this chapter. Otherwise, the order 
shall remain in effect unless rescinded by the Chair for good cause.

4. In Sec.  573.5, revise paragraph (a) to read as follows:

Sec.  573.5  When does and enforcement action become final agency 

* * * * *
    (a) A respondent fails to appeal the enforcement action as provided 
for in subchapter H of this chapter and does not enter into a 
settlement agreement resolving the matter in its entirety; or
* * * * *

    Dated: January 14, 2013, Washington, DC.
Tracie L. Stevens,
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-00946 Filed 1-18-13; 8:45 am]