Appeal Proceedings Before the Commission, 21060-21063 [2013-08263]

Download as PDF 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). ■ § 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’’. ■ § 520.2345d § 522.1680 Oxytocin. * * * * * 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’’. ■ § 522.1720 * * * * 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’’. ■ Sulfadimethoxine. * * * * * ■ 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 * * § 522.2483 [Amended] 20. In paragraph (b)(2) of § 520.2345d, remove ‘‘000010’’ and in its place add ‘‘054628’’. ■ * [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’’. ■ PART 529—CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS 37. The authority citation for 21 CFR part 529 continues to read as follows: ■ 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’’. ■ 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’’. ■ 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 ■ ■ [Amended] Authority: 21 U.S.C. 360b. ■ § 522.1410 § 524.1580c [Amended] 24. In paragraph (b) of § 522.1410, remove ‘‘000010’’ and in its place add ‘‘054628’’. ■ VerDate Mar<15>2010 16:04 Apr 08, 2013 Jkt 229001 [Amended] 34. In paragraph (b) of § 524.1580c, remove ‘‘000010 and 000069’’ and in its place add ‘‘000069 and 054628’’. ■ PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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’’. ■ 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’’. ■ § 522.2662 PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS * 35. The authority citation for 21 CFR part 526 continues to read as follows: ■ ■ Sodium thiamylal. * 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’’. ■ * [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 E:\FR\FM\09APR1.SGM 09APR1 Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 16:04 Apr 08, 2013 Jkt 229001 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 21061 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. E:\FR\FM\09APR1.SGM 09APR1 21062 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: ■ tkelley on DSK3SPTVN1PROD with RULES § 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 VerDate Mar<15>2010 16:04 Apr 08, 2013 Jkt 229001 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, 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: * * * * * PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 (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 by adding paragraph (c) to read as follows: § 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). 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? * * * * * 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. E:\FR\FM\09APR1.SGM 09APR1 Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Rules and Regulations 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: * * * * * (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 by adding paragraph (c) to read as follows: § 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). 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 * * * * * 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 VerDate Mar<15>2010 16:04 Apr 08, 2013 Jkt 229001 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 http://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 PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 21063 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.

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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