Fees, 4784-4785 [2013-00942]

Download as PDF 4784 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations 17), which addresses certain requirements with respect to lost securityholders and unresponsive payees that may be applicable to them. 2. Section 240.17Ad–7(i) is amended by removing ‘‘240.17Ad–17(c)’’ and adding in its place ‘‘240.17Ad–17(d)’’. ■ 3. Section 240.17Ad–17 is amended by: ■ a. Revising the heading. ■ b. Revising paragraph (a)(1). ■ c. In paragraph (a)(2) adding the phrase ‘‘, broker, or dealer’’ following the word ‘‘agent’’. ■ d. Revising paragraph (a)(3). ■ e. In paragraph (b)(2)(i) adding the phrase ‘‘or customer security account records of the broker or dealer’’ following the word ‘‘file’’ and adding the phrase ‘‘,broker, or dealer’’ following the phrase ‘‘securityholder, the transfer agent’’. ■ f. In paragraph (b)(2)(ii) adding the phrase ‘‘, broker, or dealer’’ following the word ‘‘agent’’. ■ g. Redesignating paragraph (c) as paragraph (d), and adding new paragraph (c). ■ h. Revising newly redesignated paragraph (d). The revisions read as follows: ■ wreier-aviles on DSK5TPTVN1PROD with § 240.17Ad–17 Lost securityholders and unresponsive payees. (a)(1) Every recordkeeping transfer agent whose master securityholder file includes accounts of lost securityholders and every broker or dealer that has customer security accounts that include accounts of lost securityholders shall exercise reasonable care to ascertain the correct addresses of such securityholders. In exercising reasonable care to ascertain such lost securityholders’ correct addresses, each such recordkeeping transfer agent and each such broker or dealer shall conduct two database searches using at least one information database service. The transfer agent, broker, or dealer shall search by taxpayer identification number or by name if a search based on taxpayer identification number is not reasonably likely to locate the securityholder. Such database searches must be conducted without charge to a lost securityholder and with the following frequency: (i) Between three and twelve months of such securityholder becoming a lost securityholder; and (ii) Between six and twelve months after the first search for such lost securityholder by the transfer agent, broker, or dealer. * * * * * (3) A transfer agent, broker, or dealer need not conduct the searches set forth VerDate Mar<15>2010 15:13 Jan 22, 2013 Jkt 229001 in paragraph (a)(1) of this section for a lost securityholder if: (i) It has received documentation that such securityholder is deceased; or (ii) The aggregate value of assets listed in the lost securityholder’s account, including all dividend, interest, and other payments due to the lost securityholder and all securities owned by the lost securityholder as recorded in the master securityholder files of the transfer agent or in the customer security account records of the broker or dealer, is less than $25; or (iii) The securityholder is not a natural person. * * * * * (c)(1) The paying agent, as defined in paragraph (c)(2) of this section, shall provide not less than one written notification to each unresponsive payee, as defined in paragraph (c)(3) of this section, stating that such unresponsive payee has been sent a check that has not yet been negotiated. Such notification may be sent with a check or other mailing subsequently sent to the unresponsive payee but must be provided no later than seven (7) months (or 210 days) after the sending of the not yet negotiated check. The paying agent shall not be required to send a written notice to an unresponsive payee if such unresponsive payee would be considered a lost securityholder by a transfer agent, broker, or dealer. (2) The term paying agent shall include any issuer, transfer agent, broker, dealer, investment adviser, indenture trustee, custodian, or any other person that accepts payments from the issuer of a security and distributes the payments to the holders of the security. (3) A securityholder shall be considered an unresponsive payee if a check is sent to the securityholder by the paying agent and the check is not negotiated before the earlier of the paying agent’s sending the next regularly scheduled check or the elapsing of six (6) months (or 180 days) after the sending of the not yet negotiated check. A securityholder shall no longer be considered an unresponsive payee when the securityholder negotiates the check or checks that caused the securityholder to be considered an unresponsive payee. (4) A paying agent shall be excluded from the requirements of paragraph (c)(1) of this section where the value of the not yet negotiated check is less than $25. (5) The requirements of paragraph (c)(1) of this section shall have no effect on state escheatment laws. (d) Every recordkeeping transfer agent, every broker or dealer that has PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 customer security accounts, and every paying agent shall maintain records to demonstrate compliance with the requirements set forth in this section, which records shall include written procedures that describe the transfer agent’s, broker’s, dealer’s, or paying agent’s methodology for complying with this section, and shall retain such records in accordance with Rule 17Ad– 7(i) (§ 240.17Ad–7(i)). By the Commission. Dated: January 16, 2013. Elizabeth M. Murphy, Secretary. [FR Doc. 2013–01269 Filed 1–22–13; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 514 Fees National Indian Gaming Commission, Interior. ACTION: Correcting amendment. AGENCY: The National Indian Gaming Commission (NIGC or Commission) corrects its fee regulations in order to reference the Commission’s recently finalized appeal rules contained in another subchapter. DATES: Effective Date: February 7, 2013. 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: SUMMARY: 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 established an agency funding framework whereby gaming operations licensed by tribes pay a fee to the Commission for each gaming operation that conducts Class II or Class III gaming activity that is regulated by IGRA. 25 U.S.C. 2717(a)(1). These fees are used to fund the Commission in carrying out its statutory duties. Fees are based on the gaming operation’s assessable gross gaming revenues, which are defined as the annual total amount of money wagered, less any amounts paid out as prizes or paid for prizes awarded and less allowance for amortization of capital expenditures for structures. 25 E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations U.S.C. 2717(a)(6). The rate of fees is established annually by the Commission and is payable on a quarterly basis. 25 U.S.C. 2717(a)(3). IGRA limits the total amount of fees imposed during any fiscal year to .08 percent of the gross gaming revenues of all gaming operations subject to regulation under IGRA. Failure of a gaming operation to pay the fees imposed by the Commission’s fee schedule can be grounds for a civil enforcement action. 25 U.S.C. 2713(a)(1). The purpose of part 514 is to establish how the NIGC sets and collects those fees, to establish a basic formula for tribes to utilize in calculating the amount of fees to pay, and to advise tribes of the potential consequences for failure to pay the fees. On February 2, 2012, the Commission published a final rule amending part 514 to provide for the submittal of fees and fee worksheets on a quarterly basis rather than bi-annually; to provide for operations to calculate fees based on the gaming operation’s fiscal year rather than a calendar year; to amend certain language in the regulation to better reflect industry usage; to establish an assessment for fees submitted 1–90 days late; and to establish a fingerprinting fee payment process. 77 FR 5178, Feb. 2, 2012. In its final rule, the Commission also provided tribes with rights to appeal proposed late fee assessments in accordance with 25 CFR part 577. 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 514 to appeal rights in former part 577 is obsolete and must be revised to reference the new subchapter H. 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. wreier-aviles on DSK5TPTVN1PROD 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 VerDate Mar<15>2010 15:13 Jan 22, 2013 Jkt 229001 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. Dated: January 14, 2013. Tracie L. Stevens, Chairwoman. Daniel J. Little, Associate Commissioner. Unfunded Mandates Reform Act 4785 DEPARTMENT OF HOMELAND SECURITY 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 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 The information collection requirements contained in this rule were previously approved by the Office of Management and Budget as required by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141–0007. The OMB control number expires on November 30, 2015. Text of the Rules For the reasons discussed in the Preamble, the Commission amends its regulations at 25 CFR part 514 as follows: PART 514—FEES 1. The authority citation for part 514 continues to read as follows: ■ Authority: 25 U.S.C. 2706, 2710, 2710, 2717, 2717a. 2. In part 514, revise all references to ‘‘part 577’’ to read ‘‘subchapter H’’. ■ Frm 00027 BILLING CODE 7565–01–P Coast Guard 33 CFR Part 162 [Docket No. USCG–2012–0952] RIN 1625–AB95 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. PO 00000 [FR Doc. 2013–00942 Filed 1–22–13; 8:45 am] Fmt 4700 Sfmt 4700 Inland Waterways Navigation Regulation: Sacramento River, CA Coast Guard, DHS. Direct final rule; request for comments. AGENCY: ACTION: By this direct final rule, the Coast Guard is removing the Decker Island restricted anchorage area in the Sacramento River. The restricted anchorage area was needed in the past to prevent non-government vessels from transiting through or anchoring in the United States Army’s tug and barge anchorage zones. The United States Army relinquished control of the island in 1975, and the restricted anchorage area is no longer necessary. DATES: This rule is effective April 23, 2013, unless an adverse comment, or notice of intent to submit an adverse comment, is either submitted to our online docket via http:// www.regulations.gov on or before March 25, 2013 or reaches the Docket Management Facility by that date. If an adverse comment, or notice of intent to submit an adverse comment, is received by March 25, 2013, we will withdraw this direct final rule and publish a timely notice of withdrawal in the Federal Register. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0952 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: 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– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except SUMMARY: E:\FR\FM\23JAR1.SGM 23JAR1

Agencies

[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4784-4785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00942]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 514


Fees

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The National Indian Gaming Commission (NIGC or Commission) 
corrects its fee regulations in order to reference the Commission's 
recently finalized appeal rules contained in another subchapter.

DATES: Effective Date: February 7, 2013.

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. 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 an agency funding framework whereby gaming operations 
licensed by tribes pay a fee to the Commission for each gaming 
operation that conducts Class II or Class III gaming activity that is 
regulated by IGRA. 25 U.S.C. 2717(a)(1). These fees are used to fund 
the Commission in carrying out its statutory duties. Fees are based on 
the gaming operation's assessable gross gaming revenues, which are 
defined as the annual total amount of money wagered, less any amounts 
paid out as prizes or paid for prizes awarded and less allowance for 
amortization of capital expenditures for structures. 25

[[Page 4785]]

U.S.C. 2717(a)(6). The rate of fees is established annually by the 
Commission and is payable on a quarterly basis. 25 U.S.C. 2717(a)(3). 
IGRA limits the total amount of fees imposed during any fiscal year to 
.08 percent of the gross gaming revenues of all gaming operations 
subject to regulation under IGRA. Failure of a gaming operation to pay 
the fees imposed by the Commission's fee schedule can be grounds for a 
civil enforcement action. 25 U.S.C. 2713(a)(1). The purpose of part 514 
is to establish how the NIGC sets and collects those fees, to establish 
a basic formula for tribes to utilize in calculating the amount of fees 
to pay, and to advise tribes of the potential consequences for failure 
to pay the fees.
    On February 2, 2012, the Commission published a final rule amending 
part 514 to provide for the submittal of fees and fee worksheets on a 
quarterly basis rather than bi-annually; to provide for operations to 
calculate fees based on the gaming operation's fiscal year rather than 
a calendar year; to amend certain language in the regulation to better 
reflect industry usage; to establish an assessment for fees submitted 
1-90 days late; and to establish a fingerprinting fee payment process. 
77 FR 5178, Feb. 2, 2012. In its final rule, the Commission also 
provided tribes with rights to appeal proposed late fee assessments in 
accordance with 25 CFR part 577.
    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 514 to appeal rights in former part 577 is 
obsolete and must be revised to reference the new subchapter H.

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

    The information collection requirements contained in this rule were 
previously approved by the Office of Management and Budget as required 
by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141-0007. 
The OMB control number expires on November 30, 2015.

Text of the Rules

    For the reasons discussed in the Preamble, the Commission amends 
its regulations at 25 CFR part 514 as follows:

PART 514--FEES

0
1. The authority citation for part 514 continues to read as follows:

    Authority: 25 U.S.C. 2706, 2710, 2710, 2717, 2717a.
0
2. In part 514, revise all references to ``part 577'' to read 
``subchapter H''.

    Dated: January 14, 2013.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-00942 Filed 1-22-13; 8:45 am]
BILLING CODE 7565-01-P