Self-Regulation of Class II Gaming, 37114-37115 [2013-14669]

Download as PDF 37114 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations Credits and the organization is a limited partnership, the requirements of section 42 of the IRS code, including the requirements of section 42(h)(5), apply. The general partner may also be the sponsor, so long as it meets the requirements of this part for sponsors and general partners. ■ 12. In § 891.813, revise paragraphs (b) and (c) to read as follows: § 891.813 Eligible uses for assistance provided under this subpart. * * * * * (b) Assistance under this subpart may not be used for excess amenities, as stated in § 891.120(c), or for Section 202 ‘‘prohibited facilities,’’ as stated in § 891.220. Such amenities or Section 202 prohibited facilities may be included in a mixed-finance development only if: (1) The amenities or prohibited facilities are not financed, maintained, or operated with funds provided under the Section 202 or Section 811 program; (2) The amenities or prohibited facilities are designed with appropriate safeguards for the residents’ health and safety; and (3) The assisted residents are not required to use, participate in, or pay a fee for the use or maintenance of the amenities or prohibited facilities, although they are permitted to do so voluntarily. Any fee charged for the use, maintenance, or access to amenities or prohibited facilities by residents must be reasonable and affordable for all residents of the development. (c) Notwithstanding any other provision of this section, § 891.315 on ‘‘prohibited facilities’’ shall apply to mixed-finance developments containing units assisted under Section 811. ■ 13. In § 891.830, revise paragraphs (b) and (c)(4) to read as follows: § 891.830 Drawdown. bonds that was used for capital advance units; and * * * * * ■ 14. Revise § 891.832 to read as follows: § 891.832 Prohibited relationships. (a) Paragraph (a) of § 891.130, describing conflicts of interest, applies to mixed finance developments. (b) Paragraph (b) of § 891.130, describing identity of interest, does not apply to mixed-finance developments. ■ 15. Revise § 891.848 to read as follows: § 891.848 Project design and cost standards. (a) The project design and cost standards at § 891.120 apply to mixedfinance developments under this subpart, with the exception of § 891.120(c), subject to the provisions of § 891.813(b). (b) For Section 202 mixed-finance developments, the prohibited facilities requirements described at § 891.220 shall apply to only the capital advancefunded portion of the Section 202 mixed-finance developments under this subpart, subject to the provisions of § 891.813(b). (c) For Section 811 mixed-finance developments, the prohibited facilities requirements described at § 891.315 shall apply to the entire mixed-finance development. Dated: June 17, 2013. Carol J. Galante, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. 2013–14721 Filed 6–19–13; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR National Indian Gaming Commission mstockstill on DSK4VPTVN1PROD with RULES * * * * * (b) Non-capital advance funds may be disbursed before capital advance proceeds or the capital advance funds may be drawn down in an approved ratio to other funds, in accordance with a drawdown schedule approved by HUD. (c) * * * (4) The capital advance funds drawn down will be used only for eligible costs actually incurred in accordance with the provisions of this subpart and the approved mixed-finance project, which include costs stated in 12 U.S.C. 1701q(h) and 42 U.S.C. 8013(h). Capital advance funds may be used for paying off bridge or construction financing, or repaying or collateralizing bonds, but only for the portion of such financing or VerDate Mar<15>2010 16:04 Jun 19, 2013 Jkt 229001 25 CFR Part 518 RIN 3141–AA44 Self-Regulation of Class II Gaming National Indian Gaming Commission, Department of the Interior. ACTION: Final rule; technical and correcting amendments. AGENCY: The National Indian Gaming Commission (NIGC or Commission) is revising its rules concerning the issuance of certificates for tribal selfregulation of Class II gaming: To correct a section heading in the table of contents; to correct a conflict in the deadlines contained in one of the sections which, if left uncorrected, SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 would at times require the Commission to issue certain preliminary findings on the same day that it receives a tribe’s response to the Office of Self Regulation’s recommendation and report; and to correct referencing errors in two of its rules. DATES: The effective date of these regulations is September 1, 2013. FOR FURTHER INFORMATION CONTACT: John Hay, Senior Attorney, National Indian Gaming Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005. Telephone: 202–632–7003. SUPPLEMENTARY INFORMATION: I. Background The Indian Gaming Regulatory Act (IGRA or the 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. While the Act requires the Commission to ‘‘monitor class II gaming conducted on Indian lands on a continuing basis,’’ 25 U.S.C. 2706(b)(1), any Indian tribe which operates a Class II gaming facility and meets certain other conditions may petition the Commission for a certificate of self-regulation. 25 U.S.C. 2710(c). The Act authorizes the Commission to ‘‘promulgate such regulations and guidelines as it deems appropriate to implement’’ IGRA. 25 U.S.C. 2706(b)(10). II. Development of the Rule On April 4, 2013, the Commission published a final rule amending its regulations for the review and approval of petitions seeking the issuance of a certificate for tribal self-regulation of Class II gaming. 78 FR 20236, April 4, 2013. After publication, the Commission discovered that the deadline contained in 25 CFR 518.7(c)(5) for tribes to respond to the Office of Self Regulation’s recommendation and report, and the deadline contained in 25 CFR 518.7(d) for the Commission to issue preliminary findings to said recommendation and report, could potentially fall on the same day, thus preventing the Commission from fully considering the tribal response before it has to issue its preliminary findings. Therefore, the Commission is revising its regulations to provide that its preliminary findings will be issued 45 days after receipt of the recommendation and report, so that the Commission has sufficient time to review and consider adequately a tribe’s response to said recommendation and report. This revision is consistent with how the Commission envisioned tribes E:\FR\FM\20JNR1.SGM 20JNR1 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations obtaining a certificate of self-regulation and ensures that all tribal submissions will be fully considered before the Commission issues a decision. Additionally, the Commission has discovered that the final rule published on April 4, 2013, contained: An incorrect section heading in the part’s table of contents; incorrectly referenced a specific section in one of its rules; and that the reference to IGRA contained in § 518.10(a) should read ‘‘25 U.S.C. 2710(b)(2)(C).’’ Therefore, the Commission is also revising its regulations to correct the table of contents, and to correct the referencing errors in § 518.8(b) and § 518.10(a). III. Certain Findings Under the Administrative Procedure Act, a notice of proposed rulemaking is not required when an agency, for good cause, finds that notice and public comments are impracticable, unnecessary, or contrary to the public interest. Here, because this rule is not yet in effect and will not be so until September 1, 2013, and because the revisions herein are technical in nature and intended to correct inadvertent errors, the Commission is publishing a technical amendment. Regulatory Matters Regulatory Flexibility Act This rule will not have a significant economic effect on a substantial number of small entities as defined by the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Indian tribes are not considered to be small entities for purposes of the Regulatory Flexibility Act. mstockstill on DSK4VPTVN1PROD with RULES Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule does not have an annual effect on the economy of $100 million or more. This rule will not cause a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies or geographic regions, and does not have a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandate Reform Act 16:04 Jun 19, 2013 Jkt 229001 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 Executive Order. National Environmental Policy Act The Commission has determined that this 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 the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141–0008. The OMB control number expires on October 31, 2013. List of Subjects in 25 CFR Part 518 Gambling, Indian-lands, Indian-tribal government, reporting and recordkeeping requirements. For the reasons set forth in the Preamble, the Commission is amending 25 CFR part 518 as follows: PART 518—SELF-REGULATION OF CLASS II GAMING 1. The authority citation for part 518 continues to read as follows: ■ Authority: 25 U.S.C. 2706(b)(10); E.O. 13175. 2. Revise the section heading to § 518.14 to read as follows: ■ § 518.14 May a tribe request a hearing on the Commission’s proposal to revoke its certificate of self-regulation? * ■ * * * * 3. Revise § 518.7(d) to read as follows: § 518.7 What process will the Commission use to review and certify petitions? * 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). VerDate Mar<15>2010 Takings In accordance with Executive Order 12630, the Commission has determined that this proposed rule does not have significant takings implications. A takings implication assessment is not required. * * * * (d) After receiving the Office of SelfRegulation’s recommendation and report, and a tribe’s response to the report, the Commission shall issue preliminary findings as to whether the PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 37115 eligibility and approval criteria are met. The Commission’s preliminary findings will be provided to the tribe within 45 days of receipt of the report. * * * * * § 518.8 [Amended] 4. In § 518.8(b), remove the reference ‘‘§ 518.11’’ and add in its place ‘‘§ 518.9 of this part.’’ ■ § 518.10 [Amended] 5. In § 518.10(a), remove the reference ‘‘25 U.S.C. 2710(b)(2)(c)’’ and add in its place ‘‘25 U.S.C. 2710(b)(2)(C).’’ ■ Tracie L. Stevens, Chairwoman. Daniel J. Little, Associate Commissioner. [FR Doc. 2013–14669 Filed 6–19–13; 8:45 am] BILLING CODE 7565–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0415] RIN 1625–AA00 Safety Zones; Fourth of July Fireworks Displays Within the Captain of the Port Charleston Zone, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing two temporary safety zones during Fourth of July Fireworks Displays on navigable waterways in Murrells Inlet, and North Myrtle Beach, South Carolina. These safety zones are necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the safety zones unless authorized by the Captain of the Port Charleston or a designated representative. SUMMARY: This rule is effective from 9 p.m. until 10:30 p.m. on July 4, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0415. To view documents mentioned in this preamble as being available in the docket, go to 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 DATES: E:\FR\FM\20JNR1.SGM 20JNR1

Agencies

[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37114-37115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14669]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 518

RIN 3141-AA44


Self-Regulation of Class II Gaming

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Final rule; technical and correcting amendments.

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SUMMARY: The National Indian Gaming Commission (NIGC or Commission) is 
revising its rules concerning the issuance of certificates for tribal 
self-regulation of Class II gaming: To correct a section heading in the 
table of contents; to correct a conflict in the deadlines contained in 
one of the sections which, if left uncorrected, would at times require 
the Commission to issue certain preliminary findings on the same day 
that it receives a tribe's response to the Office of Self Regulation's 
recommendation and report; and to correct referencing errors in two of 
its rules.

DATES: The effective date of these regulations is September 1, 2013.

FOR FURTHER INFORMATION CONTACT: John Hay, Senior Attorney, National 
Indian Gaming Commission, 1441 L Street NW., Suite 9100, Washington, DC 
20005. Telephone: 202-632-7003.

SUPPLEMENTARY INFORMATION:

I. Background

    The Indian Gaming Regulatory Act (IGRA or the 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. While the Act 
requires the Commission to ``monitor class II gaming conducted on 
Indian lands on a continuing basis,'' 25 U.S.C. 2706(b)(1), any Indian 
tribe which operates a Class II gaming facility and meets certain other 
conditions may petition the Commission for a certificate of self-
regulation. 25 U.S.C. 2710(c). The Act authorizes the Commission to 
``promulgate such regulations and guidelines as it deems appropriate to 
implement'' IGRA. 25 U.S.C. 2706(b)(10).

II. Development of the Rule

    On April 4, 2013, the Commission published a final rule amending 
its regulations for the review and approval of petitions seeking the 
issuance of a certificate for tribal self-regulation of Class II 
gaming. 78 FR 20236, April 4, 2013. After publication, the Commission 
discovered that the deadline contained in 25 CFR 518.7(c)(5) for tribes 
to respond to the Office of Self Regulation's recommendation and 
report, and the deadline contained in 25 CFR 518.7(d) for the 
Commission to issue preliminary findings to said recommendation and 
report, could potentially fall on the same day, thus preventing the 
Commission from fully considering the tribal response before it has to 
issue its preliminary findings. Therefore, the Commission is revising 
its regulations to provide that its preliminary findings will be issued 
45 days after receipt of the recommendation and report, so that the 
Commission has sufficient time to review and consider adequately a 
tribe's response to said recommendation and report. This revision is 
consistent with how the Commission envisioned tribes

[[Page 37115]]

obtaining a certificate of self-regulation and ensures that all tribal 
submissions will be fully considered before the Commission issues a 
decision.
    Additionally, the Commission has discovered that the final rule 
published on April 4, 2013, contained: An incorrect section heading in 
the part's table of contents; incorrectly referenced a specific section 
in one of its rules; and that the reference to IGRA contained in Sec.  
518.10(a) should read ``25 U.S.C. 2710(b)(2)(C).'' Therefore, the 
Commission is also revising its regulations to correct the table of 
contents, and to correct the referencing errors in Sec.  518.8(b) and 
Sec.  518.10(a).

III. Certain Findings

    Under the Administrative Procedure Act, a notice of proposed 
rulemaking is not required when an agency, for good cause, finds that 
notice and public comments are impracticable, unnecessary, or contrary 
to the public interest. Here, because this rule is not yet in effect 
and will not be so until September 1, 2013, and because the revisions 
herein are technical in nature and intended to correct inadvertent 
errors, the Commission is publishing a technical amendment.

Regulatory Matters

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities as defined by the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. Indian tribes are not considered 
to be small entities for purposes of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule does not have 
an annual effect on the economy of $100 million or more. This rule will 
not cause a major increase in costs or prices for consumers, individual 
industries, federal, state, or local government agencies or geographic 
regions, and does not have a significant adverse effect on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based 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 this proposed 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 Executive 
Order.

National Environmental Policy Act

    The Commission has determined that this 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 the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and assigned 
OMB Control Number 3141-0008. The OMB control number expires on October 
31, 2013.

List of Subjects in 25 CFR Part 518

    Gambling, Indian-lands, Indian-tribal government, reporting and 
recordkeeping requirements.

    For the reasons set forth in the Preamble, the Commission is 
amending 25 CFR part 518 as follows:

PART 518--SELF-REGULATION OF CLASS II GAMING

0
1. The authority citation for part 518 continues to read as follows:

    Authority:  25 U.S.C. 2706(b)(10); E.O. 13175.

0
2. Revise the section heading to Sec.  518.14 to read as follows:


Sec.  518.14  May a tribe request a hearing on the Commission's 
proposal to revoke its certificate of self-regulation?

* * * * *

0
3. Revise Sec.  518.7(d) to read as follows:


Sec.  518.7  What process will the Commission use to review and certify 
petitions?

* * * * *
    (d) After receiving the Office of Self-Regulation's recommendation 
and report, and a tribe's response to the report, the Commission shall 
issue preliminary findings as to whether the eligibility and approval 
criteria are met. The Commission's preliminary findings will be 
provided to the tribe within 45 days of receipt of the report.
* * * * *


Sec.  518.8  [Amended]

0
4. In Sec.  518.8(b), remove the reference ``Sec.  518.11'' and add in 
its place ``Sec.  518.9 of this part.''


Sec.  518.10  [Amended]

0
5. In Sec.  518.10(a), remove the reference ``25 U.S.C. 2710(b)(2)(c)'' 
and add in its place ``25 U.S.C. 2710(b)(2)(C).''

Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-14669 Filed 6-19-13; 8:45 am]
BILLING CODE 7565-01-P