Review and Approval of Existing Ordinances or Resolutions; Repeal, 5183-5184 [2012-2257]
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations
(2) For statements and/or fee
payments thirty-one (31) to sixty (60)
calendar days late, the Chair may
propose a late fee of up to, but not more
than 15% of the fee amount for that
quarter, as calculated in § 514.6(e);
(3) For statements and/or fee
payments sixty-one (61) to ninety (90)
calendar days late, the Chair may
propose a late fee of up to, but not more
than 20% of the fee amount for that
quarter, as calculated in § 514.6(e).
§ 514.10 When does a late payment or
quarterly statement submission become a
failure to pay?
(a) Statements and/or fee payments
over ninety (90) calendar days late
constitute a failure to pay the annual
fee, as set forth in IGRA, 25 U.S.C.
2717(a)(3), and NIGC regulations, 25
CFR 573.6(a)(2). In accordance with 25
U.S.C. 2717(a)(3), failure to pay fees
shall be grounds for revocation of the
approval of the Chair of any license,
ordinance or resolution required under
IGRA for the operation of gaming.
(b) In accordance with § 573.6(a)(2) of
this chapter, if a tribe, management
contractor, or individually owned
gaming operation fails to pay the annual
fee, the Chair may issue a notice of
violation and, simultaneously with or
subsequently to the notice of violation,
a temporary closure order.
final order of the Commission and final
agency action.
§ 514.13 How are late submission fees
paid, and can interest be assessed?
(a) Late fees assessed under this part
shall be paid by the person or entity
assessed and shall not be treated as an
operating expense of the operation.
(b) The Commission shall transfer the
late fee paid under this subchapter to
the U.S. Treasury.
(c) Interest shall be assessed at rates
established from time to time by the
Secretary of the Treasury on amounts
remaining unpaid after their due date.
§ 514.14 What happens if a tribe overpays
its fees or if the Commission does not
expend the full amount of fees collected in
a fiscal year?
(a) The total amount of all fees
imposed during any fiscal year shall not
exceed the statutory maximum imposed
by Congress. The Commission shall
credit pro-rata any fees collected in
excess of this amount against amounts
otherwise due according to § 514.4.
(b) To the extent that revenue derived
from fees imposed under the schedule
established under this paragraph are not
expended or committed at the close of
any fiscal year, such funds shall remain
available until expended to defray the
costs of operations of the Commission.
§ 514.15 May tribes submit fingerprint
cards to the NIGC for processing?
(a) Proposed late fees assessed by the
Chair may be appealed under part 577
of this chapter.
(b) At any time prior to the filing of
a notice of appeal under part 577 of this
chapter, the Chair and the respondent
may agree to settle the notice of late
submission, including the amount of the
proposed late fee. In the event a
settlement is reached, a settlement
agreement shall be prepared and
executed by the Chair and the
respondent. If a settlement agreement is
executed, the respondent shall be
deemed to have waived all rights to
further review of the notice or late fee
in question, except as otherwise
provided expressly in the settlement
agreement. In the absence of a
settlement of the issues under this
paragraph, the respondent may contest
the proposed late fee before the
Commission in accordance with part
577 of this chapter.
tkelley on DSK3SPTVN1PROD with RULES
§ 514.11 Can a tribe or gaming operation
appeal a proposed late fee?
Tribes may submit fingerprint cards to
the Commission for processing by the
Federal Bureau of Investigation (FBI)
and the Commission may charge a fee to
process fingerprint cards on behalf of
the tribes.
§ 514.12 When does a notice of late
submission and/or a proposed late fee
become a final order of the Commission
and final agency action?
15:14 Feb 01, 2012
Jkt 226001
(a) The Commission shall review
annually the costs involved in
processing fingerprint cards and, by a
vote of not less than two of its members,
shall adopt preliminary rates for each
calendar year no later than March 1st of
that year, and, if considered necessary,
shall modify those rates no later than
June 1st of that year.
(b) The fingerprint fee charge shall be
based on fees charged by the Federal
Bureau of Investigation and costs
incurred by the Commission.
Commission costs include Commission
personnel, supplies, equipment costs,
and postage to submit the results to the
requesting tribe.
§ 514.17 How are fingerprint processing
fees collected by the Commission?
If the respondent fails to appeal under
part 577 of this chapter, the notice and
the proposed late fee shall become a
VerDate Mar<15>2010
§ 514.16 How does the Commission adopt
the fingerprint processing fee?
(a) Fees for processing fingerprint
cards will be billed monthly to each
Tribe for cards processed during the
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5183
prior month. Tribes shall pay the
amount billed within forty-five (45)
days of the date of the bill.
(b) The Chair may suspend fingerprint
card processing for a tribe that has a bill
remaining unpaid for more than fortyfive (45) days.
(c) Fingerprint fees shall be sent to the
following address: Comptroller,
National Indian Gaming Commission,
1441 L Street NW., Suite 9100,
Washington, DC 20005. Checks should
be made payable to the National Indian
Gaming Commission (do not remit
cash).
Dated: January 27, 2012, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2012–2254 Filed 2–1–12; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 523
RIN 3141–AA45
Review and Approval of Existing
Ordinances or Resolutions; Repeal
National Indian Gaming
Commission.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
E:\FR\FM\02FER1.SGM
02FER1
5184
Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations
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.
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
tkelley on DSK3SPTVN1PROD with RULES
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.
15:14 Feb 01, 2012
Jkt 226001
Gaming Commission removes and
reserves 25 CFR part 523.
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.
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
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).
DEPARTMENT OF HOMELAND
SECURITY
Takings
I. Removal of Part 523—Review and
Approval of Existing Ordinances or
Resolutions
VerDate Mar<15>2010
Small Business Regulatory Enforcement
Fairness Act
[Docket No. USCG–2012–0018]
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
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Coast Guard
33 CFR Part 117
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway,
Wrightsville Beach, NC
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Fifth Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the S.R. 74 Bridge,
across the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, NC. This deviation is necessary
to accommodate the Quintiles
Wrightsville Beach Full and Half
Marathon. This deviation allows the
bridge to remain in the closed position
during the race.
DATES: This deviation is effective from
5 a.m. through 8 a.m. on Sunday, March
18, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0018 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0018 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
SUMMARY:
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5183-5184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2257]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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