Appeal Proceedings Before the Commission, 4366-4368 [2013-00941]
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4366
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Proposed Rules
Comments may be
submitted by any of the following
methods:
ADDRESSES:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/proposed.shtml);
• Send an email to rulecomments@sec.gov. Please include File
Number S7–08–12 on the subject line;
or
• Use the Federal eRulemaking Portal
(https://www.regulations.gov). Follow the
instructions for submitting comments.
tkelley on DSK3SPTVN1PROD with
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number S7–08–12. This file number
should be included on the subject line
if email is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet web site
(https://www.sec.gov/rules/proposed).
Comments will also be available for
Web site viewing and printing in the
Commission’s Public Reference Room,
100 F Street NE., Washington, DC 20549
on official business days between the
hours of 10:00 a.m. and 3:00 p.m. All
comments received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information you wish to make available
publicly.
FOR FURTHER INFORMATION CONTACT:
Michael A. Macchiaroli, Associate
Director, at (202) 551–5525; Thomas K.
McGowan, Deputy Associate Director, at
(202) 551–5521; Randall W. Roy,
Assistant Director, at (202) 551–5522;
Mark M. Attar, Branch Chief, at (202)
551–5889; Sheila Dombal Swartz,
Special Counsel, at (202) 551–5545;
Valentina M. Deng, Attorney, at (202)
551–5778; or Teen I. Sheng, Attorney, at
202–551–5511, Division of Trading and
Markets, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–7010.
SUPPLEMENTARY INFORMATION: On
November 23, 2012, the Commission
issued Release No. 34–68071 soliciting
comment on proposed rules and rule
amendments establishing capital,
margin, and segregation requirements
for persons who register with the
Commission as security-based swap
dealers or major security-based swap
participants and amending capital
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requirements for broker-dealers.1 The
Commission originally requested that
comments on this proposal be received
by January 22, 2013. The Commission
has recently been requested to extend
the comment period and believes that
extending the comment period is
appropriate in order to give the public
additional time to comment on the
matters addressed by the release.2 This
extension will allow for 91 days of
comment which the Commission
believes should provide the public with
sufficient additional time to consider
thoroughly the matters addressed by the
release and to submit comprehensive
responses to the release which would
benefit the Commission in its
consideration of the final rules.
Therefore, the Commission is extending
the public comment period for 31 days
until Friday, February 22, 2013.
Dated: January 15, 2013.
By the Commission.
Elizabeth M. Murphy,
Secretary.
however, please note that comments
sent by electronic mail are strongly
encouraged.
D Email comments to:
reg.review@nigc.gov.
D Mail comments to: Armando Acosta,
National Indian Gaming Commission,
1441 L Street NW., Suite 9100,
Washington, DC 20005.
D Hand deliver comments to: 1441 L
Street NW., Suite 9100, Washington, DC
20005.
D 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:
armando_acosta@nigc.gov; telephone:
(202) 632–7003.
SUPPLEMENTARY INFORMATION:
I. Comments Invited
[FR Doc. 2013–01053 Filed 1–18–13; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
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.
25 CFR Parts 581, 584, and 585
II. Background
Appeal Proceedings Before the
Commission
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
National Indian Gaming
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
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,
SUMMARY:
1 See Exchange Act Release No. 68071 (Oct. 18,
2012), 77 FR 70213 (Nov. 23, 2012).
2 See Letter from Kenneth E. Bentson, Jr., Public
Policy and Advocacy Executive Vice President,
SIFMA, to Elizabeth M. Murphy, Secretary,
Commission, dated Jan. 3, 2013; see also Letter from
Richard M. Whiting, Executive Director and General
Counsel, Financial Services Roundtable, to
Elizabeth M. Murphy, Secretary, Commission, dated
Jan. 2, 2013.
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Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Proposed Rules
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.
tkelley on DSK3SPTVN1PROD with
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
VerDate Mar<15>2010
17:29 Jan 18, 2013
Jkt 229001
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
1. The authority citation for part 581
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2713, 2715.
2. In § 581.1, the introductory text of
paragraph (a) is republished and
paragraphs (a)(3) and (a)(4) are revised
to read as follows:
■
§ 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
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4367
(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.
*
*
*
*
*
■ 3. Revise § 581.4 to read as follows:
§ 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 § 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
4. The authority citation for part 584
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2711,
2712, 2713, 2715, 2717.
5. Revise the part heading to part 584
to read as set forth above.
■ 6. In § 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:
■
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4368
§ 584.1
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Proposed Rules
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
*
*
*
*
*
■ 7. Amend § 584.2 to add new
paragraph (c) to read as follows:
§ 584.2
*
*
*
*
(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).
■ 8. Revise the section heading to
§ 584.3 to read as follows:
§ 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?
*
*
*
9. The authority citation for part 585
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2711,
2712, 2713, 2715, 2717.
10. Revise the part heading to part 585
to read as set forth above.
■ 11. In § 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:
*
§ 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
*
*
*
*
*
■ 12. Amend § 585.2 to add new
paragraph (c) to read as follows:
§ 585.2
Who may appeal?
tkelley on DSK3SPTVN1PROD with
*
*
*
*
*
(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).
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17:29 Jan 18, 2013
13. Revise the section heading to
§ 585.3 to read as follows:
■
§ 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]
BILLING CODE P
■
Who may appeal?
*
*
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
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0784; FRL–9770–3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Requirements for Determining
General Conformity of Federal Actions
to Applicable State Implementation
Plans
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the State of West
Virginia for the purpose of amending
the State’s prior general conformity rule
to incorporate the most recent changes
to Federal general conformity
requirements established under rules
promulgated by the EPA in July of 2006
and in April of 2010. In the Final Rules
section of this Federal Register, EPA is
approving the State’s SIP submittal as a
direct final rule without prior proposal
because EPA views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rulemaking action, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Proposed Rules]
[Pages 4366-4368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00941]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: reg.review@nigc.gov.
[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:
armando_acosta@nigc.gov; 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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