Appeal Proceedings Before the Commission, 21060-21063 [2013-08263]
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21060
§ 520.1408
Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Rules and Regulations
[Amended]
§ 522.1662a
15. In paragraph (b) of § 520.1408,
remove ‘‘000010’’ and in its place add
‘‘054628’’; and remove and reserve
paragraph (c).
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§ 520.1660d
[Amended]
16. In § 520.1660d:
a. In paragraph (b)(3), remove
‘‘000010’’ and in its place add
‘‘054628’’.
■ b. In paragraph (d)(1)(ii)(A)(3), remove
‘‘000010’’ and in its place add
‘‘054628’’.
■ c. In paragraph (d)(1)(ii)(B)(3), remove
‘‘000010’’ and in its place add
‘‘054628’’.
■ d. In paragraph (d)(1)(ii)(C)(3), remove
‘‘000010’’ and in its place add
‘‘054628’’.
■
■
§ 520.1720a
17. In paragraph (b)(2) of § 520.1720a,
remove ‘‘000010 and 000859’’ and in its
place add ‘‘000859 and 054628’’.
[Amended]
[Amended]
19. In paragraph (a)(1) of § 520.2220a,
remove ‘‘000010, 000069, 000859,
054925, and 057561’’ and in its place
add ‘‘000069, 000859, 054628, 054925,
and 057561’’.
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§ 520.2345d
§ 522.1680
Oxytocin.
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27. In § 522.1720, revise the section
heading to read as set forth below; and
in paragraph (b)(2), remove ‘‘000010’’
and in its place add ‘‘054628’’.
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§ 522.1720
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28. In § 522.2220, revise the section
heading as set forth below; and in
paragraph (c)(2), remove ‘‘000010’’ and
in its place add ‘‘054628’’.
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Sulfadimethoxine.
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■ 29. In § 522.2424, revise the section
heading as set forth below; and in
paragraph (b), remove ‘‘000010 and
000856’’ and in its place add ‘‘000856
and 054628’’; and remove paragraph
(c)(4).
§ 522.2424
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§ 522.2483
[Amended]
20. In paragraph (b)(2) of § 520.2345d,
remove ‘‘000010’’ and in its place add
‘‘054628’’.
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[Amended]
30. In paragraph (b) of § 522.2483,
remove ‘‘000010’’ and in its place add
‘‘054628’’.
[Amended]
[Amended]
36. In paragraph (b) of § 526.1696b,
remove ‘‘000010’’ and in its place add
‘‘054628’’.
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PART 529—CERTAIN OTHER DOSAGE
FORM NEW ANIMAL DRUGS
37. The authority citation for 21 CFR
part 529 continues to read as follows:
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Authority: 21 U.S.C. 360b.
[Amended]
38. In paragraph (b) of § 529.1044a,
remove ‘‘000010, 000061, 000856,
000859 057561, 058005, and 061623’’
and in its place add ‘‘000061, 000856,
000859, 054628, 057561, 058005, and
061623’’.
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PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
39. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
§ 558.205
[Amended]
Dated: March 26, 2013.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 2013–07542 Filed 4–8–13; 8:45 am]
31. In paragraph (b)(1) of § 522.2662,
remove ‘‘000010’’ and in its place add
‘‘054628’’.
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21. The authority citation for 21 CFR
part 522 continues to read as follows:
Authority: 21 U.S.C. 360b.
PART 524—OPHTHALMIC AND
TOPICAL DOSAGE FORM NEW
ANIMAL DRUGS
[Amended]
32. The authority citation for 21 CFR
part 524 continues to read as follows:
22. In paragraph (b)(3) of § 522.1044,
remove ‘‘000010’’ and in its place add
‘‘054628’’.
§ 522.1222a
§ 524.1580b
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Parts 581, 584, and 585
RIN 3141–AA47
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[Amended]
Authority: 21 U.S.C. 360b.
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§ 522.1410
§ 524.1580c
[Amended]
24. In paragraph (b) of § 522.1410,
remove ‘‘000010’’ and in its place add
‘‘054628’’.
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[Amended]
34. In paragraph (b) of § 524.1580c,
remove ‘‘000010 and 000069’’ and in its
place add ‘‘000069 and 054628’’.
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Appeal Proceedings Before the
Commission
National Indian Gaming
Commission, Interior.
ACTION: Final rule.
AGENCY:
[Amended]
33. In paragraph (b)(1) of § 524.1580b,
remove ‘‘000010, 000069, 050749,
054925, 058005, and 061623’’ and in its
place add ‘‘000069, 050749, 054628,
054925, 058005, and 061623’’.
23. In paragraph (b) of § 522.1222a,
remove ‘‘000010, 000859, 061690,
026637, and 063286’’ and in its place
add ‘‘000859, 026637, 054628, 061690,
and 063286’’.
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tkelley on DSK3SPTVN1PROD with RULES
§ 526.1696b
BILLING CODE 4160–01–P
■
§ 522.1044
Authority: 21 U.S.C. 360b.
40. In paragraph (a) of § 558.205,
remove ‘‘000010’’ and in its place add
‘‘054628’’.
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§ 522.2662
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
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35. The authority citation for 21 CFR
part 526 continues to read as follows:
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Sodium thiamylal.
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PART 526—INTRAMAMMARY DOSAGE
FORM NEW ANIMAL DRUGS
§ 529.1044a
Phenylbutazone.
§ 522.2220
18. In paragraph (b) of § 520.1900,
remove ‘‘000010’’ and in its place add
‘‘054628’’; and in paragraphs (c)(1),
(c)(2), and (c)(3), remove the footnote.
■
§ 520.2220a
25. In paragraphs (a)(2), (b)(2), (g)(2),
and (h)(2) of § 522.1662a, remove
‘‘000010’’ and in its place add
‘‘054628’’.
■ 26. In § 522.1680, revise the section
heading to read as set forth below; and
in paragraph (b), remove ‘‘000010,
000856, 000859, and 061623’’ and in its
place add ‘‘000856, 000859, 054628, and
061623’’.
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[Amended]
■
§ 520.1900
[Amended]
SUMMARY: The National Indian Gaming
Commission (NIGC or Commission) is
revising its appeals regulations 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
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Commission’s minimum internal
control standards and/or technical
standards.
DATES: The effective date of these
regulations is May 9, 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:
tkelley on DSK3SPTVN1PROD with RULES
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 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.
II. Previous Rulemaking Activity
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
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).
On September 25, 2012, the
Commission published a final rule
consolidating all appeal proceedings
before the Commission into the current
subchapter H (Appeal Proceedings
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Before the Commission). 77 FR 58941,
Sept. 25, 2012. However, the new
appeal rights provided under parts 543
and 547 were not included in
subchapter H at that time. On January
22, 2013, the Commission published a
Notice of Proposed Rulemaking
proposing to revise subchapter H to
include the new appeal rights provided
to TGRAs under parts 543 and 547 (78
FR 4366, Jan. 22, 2013).
III. Review of Public Comments
In response to its Notice of Proposed
Rulemaking published on January 22,
2013, the Commission received the
following comments:
General Comments Applicable to the
Entire Subchapter
Comment: One commenter applauded
the revisions to the subchapter and
stated that these long-term, permanent
changes reflect the importance of tribal
sovereignty rights and the true
partnership between the federal
government and tribal nations.
Response: The Commission agrees.
584.2 Who may appeal? and 585.2 Who
may appeal?
Comment: One commenter was
concerned that the proposed revisions
limit appeals rights to TGRAs only.
While the commenter recognizes that
TGRAs are the parties most directly
affected by 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 and/or
technical standards, the commenter
suggests that the rule be revised to also
permit tribal governments to bring
appeals on behalf of TGRAs. The
commenter provided multiple reasons
for the suggested revision, including
that some TGRAs lack independent
litigation authority and thus may not be
able to proceed with an appeal
independent of the tribe; or that some
TGRAs do not have the funding to
proceed with an appeal without the
financial assistance of the tribal
government, and thus, for accounting
purposes, the appeal would have to be
brought in the name of the tribe rather
than the TGRA.
Response: The Commission declines
to revise the rule as suggested by the
commenter. While the Commission has
taken into consideration the
circumstances that some TGRAs may
lack independent litigation authority
and/or that some TGRAs do not have
the funding to proceed with an appeal
without the financial assistance of a
tribal government, the Commission
believes that such circumstances are
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internal tribal matters that must be
resolved between the TGRAs and their
tribal governments before the appeals
reach the Commission. As noted by the
commenter, the TGRAs are the parties
most affected by the Chair’s decisions to
approve or object to the TGRAs’
adoption of alternate standards from
those required by the Commission’s
minimum internal control standards
and/or technical standards. If an appeal
is successful, only a TGRA can
implement the alternate standards in a
gaming facility. Therefore, the
Commission believes that only the
TGRAs should be allowed to bring an
appeal.
Regulatory Matters
Regulatory Flexibility Act
The rule will not have a significant
impact on a substantial number of small
entities as defined under the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
Moreover, Indian tribes are not
considered to be small entities for the
purposes of the Regulatory Flexibility
Act.
Small Business Regulatory Enforcement
Fairness Act
The rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
The rule does not have an effect on the
economy of $100 million or more. The
rule will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State,
local government agencies or geographic
regions. Nor will the rule have a
significant adverse effect on
competition, employment, investment,
productivity, innovation, or the ability
of the enterprises, to compete with
foreign based enterprises.
Unfunded Mandate Reform Act
The Commission, as an independent
regulatory agency, is exempt from
compliance with the Unfunded
Mandates Reform Act, 2 U.S.C. 1502(1);
2 U.S.C. 658(1).
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.
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Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Rules and Regulations
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.
List of Subjects in 25 CFR Parts 581,
584, and 585
Appeals, Gambling, Indian-lands.
For the reasons set forth in the
preamble, the Commission revises its
regulations at 25 CFR chapter III,
subchapter H, parts 581, 584, and 585,
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, paragraph (a)
introductory text is republished and
paragraphs (a)(3) and (4) are revised to
read as follows:
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tkelley on DSK3SPTVN1PROD with RULES
§ 581.1
What is the scope of this part?
(a) This part governs motion practice
under:
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(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
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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.
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■ 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, paragraph (a)
introductory text is republished,
paragraph (a)(6) is redesignated as
paragraph (a)(8) and new paragraphs
(a)(6) and (7) are added to read as
follows:
■
§ 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:
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(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
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■ 7. Amend § 584.2 by adding paragraph
(c) to read as follows:
§ 584.2
Who may appeal?
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(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?
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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
9. The authority citation for part 585
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2711,
2712, 2713, 2715, 2717.
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10. Revise the part heading to part 585
to read as set forth above.
■ 11. In § 585.1, paragraph (a)
introductory text is republished,
paragraph (a)(6) is redesignated as
paragraph (a)(8), and new paragraphs
(a)(6) and (7) are added to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 585.1
Drawbridge Operation Regulations;
Snohomish River and Steamboat
Slough, Everett, and Marysville, WA
■
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:
*
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*
*
*
(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
*
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■ 12. Amend § 585.2 by adding
paragraph (c) to read as follows:
§ 585.2
Who may appeal?
*
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*
(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).
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?
tkelley on DSK3SPTVN1PROD with RULES
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Dated: April 4, 2013.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013–08263 Filed 4–8–13; 8:45 am]
BILLING CODE 7565–01–P
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0201]
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the SR 529
Bridges across the Snohomish River,
mile 3.6 near Everett, WA and the SR
529 Bridges across Steamboat Slough,
mile 1.1, near Marysville, WA. This
deviation is necessary to accommodate
the Total Health Events Heroes Half
Marathon. This deviation allows the
bridges to remain in the closed position
to allow safe movement of event
participants.
DATES: This deviation is effective on
April 28, 2013, from 7:00 a.m. until
12:01 p.m.
ADDRESSES: The docket for this
deviation, [USCG–2013–0201] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 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 temporary
deviation, call or email Randall
Overton, Bridge Administrator, Coast
Guard Thirteenth District; telephone
206–220–7282, email
Randall.D.Overton@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Washington State Department of
Transportation (WSDOT) has requested
that the SR 529 Bridges across the
Snohomish River and Steamboat Slough
remain closed to vessel traffic to
facilitate safe, uninterrupted roadway
passage of participants of the Total
Health Events Heroes Half Marathon.
The SR 529 Bridges which cross the
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Snohomish River at mile 3.6 provide 38
feet of vertical clearance above mean
high water elevation while in the closed
position. The SR 529 Bridges which
cross Steamboat Slough at mile 1.1
provide 10 feet of vertical clearance
above mean high water elevation while
in the closed position. Vessels which do
not require a bridge opening may
continue to transit beneath the bridges
during this closure period. Under
normal conditions the SR 529 Bridges
crossing the Snohomish River operate in
accordance with 33 CFR 117.1059(c)
which requires advance notification of
one-hour when a bridge opening is
needed. Under normal conditions the
SR 529 Bridges crossing Steamboat
Slough operate in accordance with 33
CFR 117.1059(g) which requires
advance notification of four hours when
a bridge opening is needed. This
deviation period is from 7:00 a.m. on
April 28, 2013, to 12:01 p.m. April 28,
2013. The deviation allows the SR 529
Bridges crossing the Snohomish River
and Steamboat Slough, to remain in the
closed position and need not open for
maritime traffic from 7:00 a.m. to 12:01
p.m. on April 28, 2013. The bridges
shall operate in accordance to 33 CFR
117.1059 at all other times. Waterway
usage on the Snohomish River and
Steamboat Slough includes vessels
ranging from commercial tug and barge
to small pleasure craft. Mariners will be
notified and kept informed of the
bridges’ operational status via the Coast
Guard Notice to Mariners publication
and Broadcast Notice to Mariners as
appropriate. The bridges will be
required to open, if needed, for vessels
engaged in emergency response
operations during this closure period.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedule immediately
at the end of the designated time period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: March 25, 2013.
Randall D. Overton,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2013–08169 Filed 4–8–13; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\09APR1.SGM
09APR1
]]>Agencies
[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Rules and Regulations]
[Pages 21060-21063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08263]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Parts 581, 584, and 585
RIN 3141-AA47
Appeal Proceedings Before the Commission
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Indian Gaming Commission (NIGC or Commission) is
revising its appeals regulations 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
[[Page 21061]]
Commission's minimum internal control standards and/or technical
standards.
DATES: The effective date of these regulations is May 9, 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 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.
II. Previous Rulemaking Activity
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
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).
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 subchapter H at that time. On
January 22, 2013, the Commission published a Notice of Proposed
Rulemaking proposing to revise subchapter H to include the new appeal
rights provided to TGRAs under parts 543 and 547 (78 FR 4366, Jan. 22,
2013).
III. Review of Public Comments
In response to its Notice of Proposed Rulemaking published on
January 22, 2013, the Commission received the following comments:
General Comments Applicable to the Entire Subchapter
Comment: One commenter applauded the revisions to the subchapter
and stated that these long-term, permanent changes reflect the
importance of tribal sovereignty rights and the true partnership
between the federal government and tribal nations.
Response: The Commission agrees.
584.2 Who may appeal? and 585.2 Who may appeal?
Comment: One commenter was concerned that the proposed revisions
limit appeals rights to TGRAs only. While the commenter recognizes that
TGRAs are the parties most directly affected by 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
and/or technical standards, the commenter suggests that the rule be
revised to also permit tribal governments to bring appeals on behalf of
TGRAs. The commenter provided multiple reasons for the suggested
revision, including that some TGRAs lack independent litigation
authority and thus may not be able to proceed with an appeal
independent of the tribe; or that some TGRAs do not have the funding to
proceed with an appeal without the financial assistance of the tribal
government, and thus, for accounting purposes, the appeal would have to
be brought in the name of the tribe rather than the TGRA.
Response: The Commission declines to revise the rule as suggested
by the commenter. While the Commission has taken into consideration the
circumstances that some TGRAs may lack independent litigation authority
and/or that some TGRAs do not have the funding to proceed with an
appeal without the financial assistance of a tribal government, the
Commission believes that such circumstances are internal tribal matters
that must be resolved between the TGRAs and their tribal governments
before the appeals reach the Commission. As noted by the commenter, the
TGRAs are the parties most affected by the Chair's decisions to approve
or object to the TGRAs' adoption of alternate standards from those
required by the Commission's minimum internal control standards and/or
technical standards. If an appeal is successful, only a TGRA can
implement the alternate standards in a gaming facility. Therefore, the
Commission believes that only the TGRAs should be allowed to bring an
appeal.
Regulatory Matters
Regulatory Flexibility Act
The rule will not have a significant impact on a substantial number
of small entities as defined under the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. Moreover, Indian tribes are not considered to be
small entities for the purposes of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
The rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. The rule does not have an
effect on the economy of $100 million or more. The rule will not cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, local government agencies or geographic
regions. Nor will the rule have a significant adverse effect on
competition, employment, investment, productivity, innovation, or the
ability of the enterprises, to compete with foreign based enterprises.
Unfunded Mandate Reform Act
The Commission, as an independent regulatory agency, is exempt from
compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2
U.S.C. 658(1).
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.
[[Page 21062]]
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.
List of Subjects in 25 CFR Parts 581, 584, and 585
Appeals, Gambling, Indian-lands.
For the reasons set forth in the preamble, the Commission revises
its regulations at 25 CFR chapter III, subchapter H, parts 581, 584,
and 585, 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, paragraph (a) introductory text is republished and
paragraphs (a)(3) and (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, paragraph (a) introductory text is republished,
paragraph (a)(6) is redesignated as paragraph (a)(8) and new paragraphs
(a)(6) and (7) are added to read as follows:
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 by adding 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.
[[Page 21063]]
0
10. Revise the part heading to part 585 to read as set forth above.
0
11. In Sec. 585.1, paragraph (a) introductory text is republished,
paragraph (a)(6) is redesignated as paragraph (a)(8), and new
paragraphs (a)(6) and (7) are added 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 by adding 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: April 4, 2013.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-08263 Filed 4-8-13; 8:45 am]
BILLING CODE 7565-01-P
