Definition of Enforcement Action, 80846-80847 [2011-33028]
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80846
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Proposed Rules
entitled to the treatment sought and is
subject to disclosure consistent with
§§ 388.108 or 388.113 of this chapter. By
treating the documents as nonpublic,
the Commission is not making a
determination on any claim of privilege
or CEII status. The Commission retains
the right to make determinations with
regard to any claim of privilege or CEII
status, and the discretion to release
information as necessary to carry out its
jurisdictional responsibilities.
(ii) The request for privileged or CEII
treatment and the public version of the
document will be made available while
the request is pending.
(2) For documents submitted to
Commission staff. The notification
procedures of paragraphs (d), (e), and (f)
of this section will be followed before
making a document public.
(d) Notification of request and
opportunity to comment. When a FOIA
or CEII requester seeks a document for
which privilege or CEII status has been
claimed, or when the Commission itself
is considering release of such
information, the Commission official
who will decide whether to release the
information or any other appropriate
Commission official will notify the
person who submitted the document
and give the person an opportunity (at
least five calendar days) in which to
comment in writing on the request. A
copy of this notice will be sent to the
requester.
(e) Notification before release. Notice
of a decision by the Commission, the
Chairman of the Commission, the
Director, Office of External Affairs, the
General Counsel or General Counsel’s
designee, a presiding officer in a
proceeding under part 385 of this
chapter, or any other appropriate official
to deny a claim of privilege, in whole
or in part, or to make a limited release
of CEII, will be given to any person
claiming that the information is
privileged or CEII no less than 5
calendar days before disclosure. The
notice will briefly explain why the
person’s objections to disclosure are not
sustained by the Commission. A copy of
this notice will be sent to the FOIA or
CEII requester.
(f) Notification of suit in Federal
courts. When a FOIA requester brings
suit to compel disclosure of information
for which a person has claimed
privileged treatment, the Commission
will notify the person who submitted
the documents of the suit.
§ 388.113
[Amended]
26. In § 388.113, paragraph (d)(1) and
paragraph (d)(2), remove the phrase
VerDate Mar<15>2010
18:47 Dec 23, 2011
Jkt 226001
‘‘paragraph (d)(3)’’ and add the phrase
‘‘paragraph (d)(4)’’ in its place.
[FR Doc. 2011–32744 Filed 12–23–11; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 502
RIN 3141–AA43
Definition of Enforcement Action
National Indian Gaming
Commission, Interior.
ACTION: Notice of proposed rulemaking.
AGENCY:
This action proposes to
amend NIGC regulations to include
definitions for ‘‘enforcement action’’.
The Indian Gaming Regulatory Act
authorizes the NIGC to take certain
actions in regard to violations of the
Act, NIGC regulations, and tribal gaming
ordinances. However, current NIGC
regulations do not provide a definition
for such actions. The Commission
believes that providing a definition for
these actions will provide clarity to
persons subject to them. Therefore, a
definition of ‘‘enforcement action’’ is
proposed in this notice.
DATES: The agency must receive
comments on or before February 27,
2012.
SUMMARY:
You may submit comments
by any one of the following methods,
however, please note that comments
sent by electronic mail are strongly
encouraged.
• Email comments to:
reg.review@nigc.gov.
• Mail comments to: National Indian
Gaming Commission, 1441 L Street
NW., Suite 9100, Washington, DC
20005.
• Hand deliver comments to: National
Indian Gaming Commission, 1441 L
Street NW., Suite 9100, Washington, DC
20005.
• Fax comments to: National Indian
Gaming Commission at (202) 632–0045.
FOR FURTHER INFORMATION CONTACT:
National Indian Gaming Commission,
1441 L Street NW., Suite 9100
Washington, DC 20005. Telephone:
(202) 632–7009; email:
reg.review@nigc.gov.
ADDRESSES:
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.
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal.
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
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 include
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 November 18, 2010, the National
Indian Gaming Commission (NIGC)
issued a Notice of Inquiry and Notice of
Consultation (NOI) advising the public
that the NIGC was conducting a
comprehensive review of its regulations
and requesting public 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. 75 FR
70680 (Nov. 18, 2010). On April 4, 2011,
after holding eight consultations and
reviewing all comments, NIGC
published a Notice of Regulatory
Review Schedule (NRR) setting out a
consultation schedule and process for
review. 76 FR 18457. The Commission’s
regulatory review process established a
tribal consultation schedule with a
description of the regulation groups to
be covered at each consultation. Part
573 was included in this regulatory
review.
III. Development of the Proposed Rule
The Commission conducted a total of
10 tribal consultations as part of its
review of Part 573. Tribal consultations
were held in every region of the country
and were attended by over 176 tribes
and 463 tribal leaders or their
representatives. In addition to tribal
consultations, on June 28, 2011, the
E:\FR\FM\27DEP1.SGM
27DEP1
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Proposed Rules
Commission requested public comment
on a Preliminary Draft of amendments
to Part 573. After considering the
comments received from the public and
through tribal consultations, the
Commission realized that to supplement
the amendments made to Part 573, a
definition of ‘‘enforcement action’’
needed to be added to Part 502.
A. ‘‘Enforcement Action’’
The current NIGC regulations do not
provide a definition for ‘‘enforcement
action.’’ The Commission believes that
providing a definition for ‘‘enforcement
action’’ will provide clarity to persons
subject to enforcement actions by the
NIGC.
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 proposed rule is not a major rule
under the Small Business Regulatory
Enforcement Fairness Act, 5 U.S.C.
804(2). This rule does not have an
annual effect on the economy of $100
million or more. This rule will not cause
a major increase in costs or prices for
consumers, individual industries,
federal, state or local government
agencies or geographic regions and does
not have a significant adverse effect on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based 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).
the requirements of sections 3(a) and
3(b)(2) of the Executive Order.
National Environmental Policy Act
The Commission has determined that
the proposed 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.
List of Subject in 25 CFR Part 502
Enforcement Actions.
For the reasons stated in the
preamble, the National Indian Gaming
Commission proposes to amend 15 CFR
part 502 as follows:
1. The authority citation for part 502
is revised to read as follows:
Authority: 25 U.S.C. 2706(b)(10); 2713.
2. Add § 502.24 to read as follows:
§ 502.24
Enforcement action
Enforcement action means any action
taken by the Chair under 25 U.S.C. 2713
against any person engaged in gaming,
for a violation of any provision of IGRA,
the regulations of this chapter, or tribal
regulations, ordinances, or resolutions
approved under 25 U.S.C. 2710 or 2712
of IGRA, including, but not limited to,
the following: a notice of violation; a
civil fine assessment; or an order for
temporary closure.
Dated: December 16, 2011, Washington,
DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2011–33028 Filed 12–23–11; 8:45 am]
BILLING CODE 7565–02–P
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Takings
In accordance with Executive Order
12630, the Commission has determined
that the proposed rule does not have
significant takings implications. A
takings implication assessment is not
required.
DEPARTMENT OF THE INTERIOR
Civil Justice Reform
Enforcement Actions
In accordance with Executive Order
12988, the Commission has determined
that the proposed rule does not unduly
burden the judicial system and meets
AGENCY:
VerDate Mar<15>2010
18:47 Dec 23, 2011
Jkt 226001
National Indian Gaming Commission
25 CFR Part 573
RIN 3141–AA50
National Indian Gaming
Commission, Interior.
ACTION: Notice of proposed rulemaking.
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
80847
This action proposes to
amend NIGC regulations to include a
graduated pre-enforcement process
through which a tribe may come into
compliance before an enforcement
action is taken by the Chair. Voluntary
compliance is the goal of the
Commission. This amendment sets forth
how Commission staff and tribes may
address potential or existing compliance
issues. The amendment retains the
Chair’s authority to issue an
enforcement action at the Chair’s
discretion.
The amendment also modifies this
Part to allow a temporary closure order
when there is clear and convincing
evidence that a gaming operation
defrauds a tribe. The current regulation
provides for the issuance of a temporary
closure order when there is clear and
convincing evidence that a gaming
operation defrauds a tribe or a customer.
The Commission believes this issue has
been adequately addressed by ordinance
requirements of the IGRA and NIGC
regulations, because tribes must include
in their ordinances a dispute resolution
procedure to address issues where a
customer believes she or he has been
defrauded. If the tribe fails to follow
their ordinance, enforcement action may
be taken.
Finally, current regulations do not
provide specificity for when an
enforcement action becomes final, such
as when a notice of violation is issued
and there is no appeal filed or
settlement agreement reached. The
proposed amendment clarifies that an
enforcement action becomes final
agency action and a final order of the
Commission if no appeal is filed or a
settlement agreement reached.
DATES: Submit comments on or before
February 27, 2012.
ADDRESSES: You may submit comments
by any one of the following methods,
however, please note that comments
sent by electronic mail are strongly
encouraged.
1. Email comments to:
reg.review@nigc.gov.
2. Mail comments to: National Indian
Gaming Commission, 1441 L Street
NW., Suite 9100, Washington, DC
20005.
3. Hand deliver comments to: 1441 L
St. NW., Suite 9100, Washington, DC
20005.
4. Fax Comments to: National Indian
Gaming Commission at (202) 632–0045.
FOR FURTHER INFORMATION CONTACT:
National Indian Gaming Commission,
1441 L Street NW., Suite 9100,
Washington, DC 20005. Telephone:
(202) 632–7009; email:
reg.review@nigc.gov.
SUMMARY:
E:\FR\FM\27DEP1.SGM
27DEP1
Agencies
[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Proposed Rules]
[Pages 80846-80847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33028]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 502
RIN 3141-AA43
Definition of Enforcement Action
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This action proposes to amend NIGC regulations to include
definitions for ``enforcement action''. The Indian Gaming Regulatory
Act authorizes the NIGC to take certain actions in regard to violations
of the Act, NIGC regulations, and tribal gaming ordinances. However,
current NIGC regulations do not provide a definition for such actions.
The Commission believes that providing a definition for these actions
will provide clarity to persons subject to them. Therefore, a
definition of ``enforcement action'' is proposed in this notice.
DATES: The agency must receive comments on or before February 27, 2012.
ADDRESSES: You may submit comments by any one of the following methods,
however, please note that comments sent by electronic mail are strongly
encouraged.
Email comments to: reg.review@nigc.gov.
Mail comments to: National Indian Gaming Commission, 1441
L Street NW., Suite 9100, Washington, DC 20005.
Hand deliver comments to: National Indian Gaming
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005.
Fax comments to: National Indian Gaming Commission at
(202) 632-0045.
FOR FURTHER INFORMATION CONTACT: National Indian Gaming Commission,
1441 L Street NW., Suite 9100 Washington, DC 20005. Telephone: (202)
632-7009; email: reg.review@nigc.gov.
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 proposal.
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 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 include 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 November 18, 2010, the National Indian Gaming Commission (NIGC)
issued a Notice of Inquiry and Notice of Consultation (NOI) advising
the public that the NIGC was conducting a comprehensive review of its
regulations and requesting public 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. 75 FR 70680 (Nov. 18, 2010). On April 4, 2011, after holding
eight consultations and reviewing all comments, NIGC published a Notice
of Regulatory Review Schedule (NRR) setting out a consultation schedule
and process for review. 76 FR 18457. The Commission's regulatory review
process established a tribal consultation schedule with a description
of the regulation groups to be covered at each consultation. Part 573
was included in this regulatory review.
III. Development of the Proposed Rule
The Commission conducted a total of 10 tribal consultations as part
of its review of Part 573. Tribal consultations were held in every
region of the country and were attended by over 176 tribes and 463
tribal leaders or their representatives. In addition to tribal
consultations, on June 28, 2011, the
[[Page 80847]]
Commission requested public comment on a Preliminary Draft of
amendments to Part 573. After considering the comments received from
the public and through tribal consultations, the Commission realized
that to supplement the amendments made to Part 573, a definition of
``enforcement action'' needed to be added to Part 502.
A. ``Enforcement Action''
The current NIGC regulations do not provide a definition for
``enforcement action.'' The Commission believes that providing a
definition for ``enforcement action'' will provide clarity to persons
subject to enforcement actions by the NIGC.
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 proposed rule is not a major rule under the Small Business
Regulatory Enforcement Fairness Act, 5 U.S.C. 804(2). This rule does
not have an annual effect on the economy of $100 million or more. This
rule will not cause a major increase in costs or prices for consumers,
individual industries, federal, state or local government agencies or
geographic regions and does not have a significant adverse effect on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based 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 proposed 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 proposed rule does not unduly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Executive Order.
National Environmental Policy Act
The Commission has determined that the proposed 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.
List of Subject in 25 CFR Part 502
Enforcement Actions.
For the reasons stated in the preamble, the National Indian Gaming
Commission proposes to amend 15 CFR part 502 as follows:
1. The authority citation for part 502 is revised to read as
follows:
Authority: 25 U.S.C. 2706(b)(10); 2713.
2. Add Sec. 502.24 to read as follows:
Sec. 502.24 Enforcement action
Enforcement action means any action taken by the Chair under 25
U.S.C. 2713 against any person engaged in gaming, for a violation of
any provision of IGRA, the regulations of this chapter, or tribal
regulations, ordinances, or resolutions approved under 25 U.S.C. 2710
or 2712 of IGRA, including, but not limited to, the following: a notice
of violation; a civil fine assessment; or an order for temporary
closure.
Dated: December 16, 2011, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2011-33028 Filed 12-23-11; 8:45 am]
BILLING CODE 7565-02-P