Special Local Regulations; Marine Events, Spa Creek and Annapolis Harbor; Annapolis, MD, 38000 [2013-15092]
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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Proposed Rules
still be a Class II bingo machine. Id.; See
also 103 Electronic Gaming Devices, 223
F.3d at 1098–99 (the 9th Circuit reached
the same conclusion, holding
‘‘winning’’ does not necessarily mean
‘‘vanquishing’’ all other opponents, and
identifying Congress’ intent to permit
interim prizes, given that some
traditional variants of bingo allow
them.).
Nor does the fact that a game of bingo
can be played with one touch of a
button by itself transform the machines
into a Class III electronic facsimile of
the game of bingo. One touch bingo does
not incorporate all of the characteristics
of bingo. The machine, for example,
does not replicate the competitive
element of bingo. Players still compete
with other players, not the machine.
Also, there is an exception for bingo
in the regulatory definition of electronic
facsimile, which exempts electronic
bingo that broadens player participation
by allowing multiple players to play
with or against each other rather than
with or against a machine. As this
proposed reinterpretation finds that one
touch bingo meets the statutory
definition of the game of bingo and does
not incorporate all the characteristics of
bingo into the machine, the application
of the exception is not necessary.
However, the previous interpretation
concluded ‘‘as it is applied to bingo,
. . . the ‘‘except when’’ language of
502.8 [] require[s] some—even minimal
participation in the game by the players
above and beyond the mere pressing of
a button to begin the game.’’ We find
this interpretation in error because
whether a game constitutes bingo or not
cannot be reduced to the number of
times a button is pushed. Rather, as set
out above, we must look to whether the
statutory elements of the game are met.
And, as also set out above, we find that
for one touch bingo they are. One touch
bingo does incorporate player
participation in the game beyond the
pressing of a button.
Finally, the Commission should give
consideration to an interpretation of
bingo that embraces rather than stifles
technological advancements in gaming.
The Senate Select Committee on Indian
Affairs affirmed in its report regarding
the Indian Gaming Regulatory Act that
it ‘‘intends that tribes be given the
opportunity to take advantage of
modern methods of conducting Class II
games and the language regarding
technology is designed to provide
maximum flexibility.’’ S. Rep. No. 100–
446 at p. A–9. In explaining its policy
toward technology, a key distinction for
the Committee was that technological
aids are ‘‘readily distinguishable from
the use of electronic facsimiles in which
VerDate Mar<15>2010
16:33 Jun 24, 2013
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a single participant plays a game with
or against a machine rather than with or
against other players.’’ Id. One touch
bingo does not change that fundamental
aspect of bingo. Whether played on a
one or two touch machine in a linked
system, the player is still competing
with other bingo players for a prize.
For all of the above reasons, the NIGC
proposes to reinterpret its position on
one touch bingo, as previously set forth
in the June 4, 2008 decision
disapproving the Metlakatla Indian
Community’s Tribal Gaming Ordinance.
Dated: June 19, 2013, Washington, DC.
Daniel J. Little,
Commissioner.
Tracie L. Stevens,
Chairwoman.
[FR Doc. 2013–15031 Filed 6–21–13; 11:15 am]
BILLING CODE 7565–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0129]
RIN 1625—AA08
Special Local Regulations; Marine
Events, Spa Creek and Annapolis
Harbor; Annapolis, MD
Coast Guard, DHS.
Proposed rule; withdrawal.
AGENCY:
ACTION:
The Coast Guard is
withdrawing its proposed rule
concerning amendments to the regattas
and marine parades regulations. The
rulemaking was initiated to establish
special local regulations during the
swim segment of the ‘‘TriRock Triathlon
Series,’’ a marine event to be held on the
waters of Spa Creek and Annapolis
Harbor on July 20, 2013. The Coast
Guard was notified on May 21, 2013,
that the event had been cancelled.
DATES: The proposed rule is withdrawn
on June 25, 2013.
ADDRESSES: The docket for this
withdrawn rulemaking is available for
inspection or copying at the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2013–0129 in the ‘‘SEARCH’’
box, and then clicking ‘‘Search.’’
SUMMARY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
If
you have questions about this notice,
call or email Mr. Ronald Houck,
Waterways Management Division,
Sector Baltimore, MD, U.S. Coast Guard;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil. If you have
questions on viewing material in the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
202–366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2013, we published a
notice of proposed rulemaking entitled
‘‘Special Local Regulations; Marine
Events, Spa Creek and Annapolis
Harbor; Annapolis, MD’’ in the Federal
Register (78 FR 20066). The rulemaking
concerned the Coast Guard’s proposal to
establish temporary special local
regulations on specified waters of Spa
Creek and Annapolis Harbor at
Annapolis, MD, effective from 6 a.m. to
9:30 a.m. on July 20, 2013. The
regulated area included all waters of the
Spa Creek and Annapolis Harbor, from
shoreline to shoreline, bounded by a
line drawn near the entrance of Spa
Creek originating at latitude 38°58′40″
N, longitude 076°28′49″ W, thence south
to latitude 38°58′32″ N, longitude
076°28′45″ W. The regulated area is
bounded to the southwest by a line
drawn from latitude 38°58′34″ N,
longitude 076°29′05″ W thence south to
latitude 38°58′27″ N, longitude
076°28′55″ W, located at Annapolis,
MD. The regulations were needed to
temporarily restrict vessel traffic during
the event to provide for the safety of
participants, spectators and other
transiting vessels.
Withdrawal
The Coast Guard is withdrawing this
rulemaking because the event has been
cancelled.
Authority
We issue this notice of withdrawal
under the authority of 33 U.S.C. 1233.
Dated: June 3, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2013–15092 Filed 6–24–13; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\25JNP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Proposed Rules]
[Page 38000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15092]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0129]
RIN 1625--AA08
Special Local Regulations; Marine Events, Spa Creek and Annapolis
Harbor; Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is withdrawing its proposed rule concerning
amendments to the regattas and marine parades regulations. The
rulemaking was initiated to establish special local regulations during
the swim segment of the ``TriRock Triathlon Series,'' a marine event to
be held on the waters of Spa Creek and Annapolis Harbor on July 20,
2013. The Coast Guard was notified on May 21, 2013, that the event had
been cancelled.
DATES: The proposed rule is withdrawn on June 25, 2013.
ADDRESSES: The docket for this withdrawn rulemaking is available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to https://www.regulations.gov,
inserting USCG-2013-0129 in the ``SEARCH'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email Mr. Ronald Houck, Waterways Management Division,
Sector Baltimore, MD, U.S. Coast Guard; telephone 410-576-2674, email
Ronald.L.Houck@uscg.mil. If you have questions on viewing material in
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2013, we published a notice of proposed rulemaking
entitled ``Special Local Regulations; Marine Events, Spa Creek and
Annapolis Harbor; Annapolis, MD'' in the Federal Register (78 FR
20066). The rulemaking concerned the Coast Guard's proposal to
establish temporary special local regulations on specified waters of
Spa Creek and Annapolis Harbor at Annapolis, MD, effective from 6 a.m.
to 9:30 a.m. on July 20, 2013. The regulated area included all waters
of the Spa Creek and Annapolis Harbor, from shoreline to shoreline,
bounded by a line drawn near the entrance of Spa Creek originating at
latitude 38[deg]58'40'' N, longitude 076[deg]28'49'' W, thence south to
latitude 38[deg]58'32'' N, longitude 076[deg]28'45'' W. The regulated
area is bounded to the southwest by a line drawn from latitude
38[deg]58'34'' N, longitude 076[deg]29'05'' W thence south to latitude
38[deg]58'27'' N, longitude 076[deg]28'55'' W, located at Annapolis,
MD. The regulations were needed to temporarily restrict vessel traffic
during the event to provide for the safety of participants, spectators
and other transiting vessels.
Withdrawal
The Coast Guard is withdrawing this rulemaking because the event
has been cancelled.
Authority
We issue this notice of withdrawal under the authority of 33 U.S.C.
1233.
Dated: June 3, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-15092 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P
