Fees, 2903-2907 [2018-00877]
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES—Continued
Citation
16
16
16
16
16
16
16
16
16
16
16
16
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Current
penalty
(2017)
Description
1.98(e): 15 U.S.C. 45(m)(1)(B) .........
1.98(f): 15 U.S.C. 50 .........................
1.98(g): 15 U.S.C. 65 ........................
1.98(h): 15 U.S.C. 68d(b) .................
1.98(i): 15 U.S.C. 69a(e) ...................
1.98(j): 15 U.S.C. 69f(d)(2) ...............
1.98(k): 42 U.S.C. 6303(a) ................
1.98(l): 42 U.S.C. 6395(a) .................
1.98(l): 42 U.S.C. 6395(b) .................
1.98(m): 15 U.S.C. 1681s(a)(2) ........
1.98(n): 21 U.S.C. 355 note ..............
1.98(o): 42 U.S.C. 17304 ..................
Unfair or deceptive acts or practices .............
Failure to file required reports ........................
Failure to file required statements .................
Failure to maintain required records ..............
Failure to maintain required records ..............
Failure to maintain required records ..............
Knowing violations .........................................
Recycled oil labeling violations ......................
Willful violations ..............................................
Knowing violations .........................................
Non-compliance with filing requirements .......
Market manipulation or provision of false information to federal agencies.
Effective Dates of New Penalties
PART 1—GENERAL PROCEDURES
These new penalty levels apply to
civil penalties assessed after the
effective date of the applicable
adjustment, including civil penalties
whose associated violation predated the
effective date.7 These adjustments do
not retrospectively change previously
assessed or enforced civil penalties that
the FTC is actively collecting or has
collected.
Subpart L—Civil Penalty Adjustments
Under the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
Amended
■
Procedural Requirements
§ 1.98 Adjustment of civil monetary
penalty amounts.
The FCPIAA, as amended, directs
agencies to adjust civil monetary
penalties through rulemaking and to
publish the required inflation
adjustments in the Federal Register,
notwithstanding section 553 of title 5,
United States Code. Pursuant to this
congressional mandate, prior public
notice and comment under the APA and
a delayed effective date are not required.
For this reason, the requirements of the
Regulatory Flexibility Act (‘‘RFA’’) also
do not apply.8 Further, this rule does
not contain any collection of
information requirements as defined by
the Paperwork Reduction Act of 1995 as
amended. 44 U.S.C. 3501 et seq.
This section makes inflation
adjustments in the dollar amounts of
civil monetary penalties provided by
law within the Commission’s
jurisdiction. The following maximum
civil penalty amounts apply only to
penalties assessed after January 22,
2018, including those penalties whose
associated violation predated January
22, 2018.
(a) Section 7A(g)(1) of the Clayton
Act, 15 U.S.C. 18a(g)(1)—$41,484;
(b) Section 11(l) of the Clayton Act, 15
U.S.C. 21(l)—$22,039;
(c) Section 5(l) of the FTC Act, 15
U.S.C. 45(l)—$41,484;
(d) Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A)—$41,484;
(e) Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B)—$41,484;
(f) Section 10 of the FTC Act, 15
U.S.C. 50—$545;
(g) Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65—$545;
(h) Section 6(b) of the Wool Products
Labeling Act, 15 U.SC. 68d(b)—$545;
(i) Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e)—$545;
(j) Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2)—$545;
(k) Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C.
6303(a)—$449;
(l) Sections 525(a) and (b) of the
Energy Policy and Conservation Act, 42
List of Subjects for 16 CFR Part 1
Administrative practice and
procedure, Penalties, Trade practices.
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Text of Amendments
For the reasons set forth in the
preamble, the Federal Trade
Commission amends title 16, chapter I,
subchapter A, of the Code of Federal
Regulations, as follows:
7 28
U.S.C. 2461 note (6).
regulatory flexibility analysis under the RFA
is required only when an agency must publish a
notice of proposed rulemaking for comment. See 5
U.S.C. 603.
8A
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1. The authority citation for part 1,
subpart L continues to read as follows:
Authority: 28 U.S.C. 2461 note.
■
2. Revise § 1.98 to read as follows:
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Adjustment
multiplier
40,654
534
534
534
534
534
440
21,598
40,654
3,817
14,373
1,156,953
Adjusted
penalty
1.02041
1.02041
1.02041
1.02041
1.02041
1.02041
1.02041
1.02041
1.02041
1.02041
1.02041
1.02041
41,484
545
545
545
545
545
449
22,039
41,484
3,895
14,666
1,180,566
U.S.C. 6395(a) and (b), respectively—
$22,039 and $41,484, respectively;
(m) Section 621(a)(2) of the Fair
Credit Reporting Act, 15 U.S.C.
1681s(a)(2)—$3,895;
(n) Section 1115(a) of the Medicare
Prescription Drug Improvement and
Modernization Act of 2003, Public Law
108–173, 21 U.S.C. 355 note—$14,666;
(o) Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304—$1,180,566; and
(p) Civil monetary penalties
authorized by reference to the Federal
Trade Commission Act under any other
provision of law within the jurisdiction
of the Commission—refer to the
amounts set forth in paragraphs (c), (d),
(e) and (f) of this section, as applicable.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018–00979 Filed 1–19–18; 8:45 am]
BILLING CODE 6750–01–P
NATIONAL INDIAN GAMING
COMMISSION
25 CFR Part 514
Fees
National Indian Gaming
Commission.
ACTION: Final rule.
AGENCY:
The National Indian Gaming
Commission is amending its fee
regulations. The rule amends the
regulations that describe when the
Commission adopts annual fee rates,
defines the fiscal year of the gaming
operation that will be used for
calculating the fee payments, and
includes additional revisions clarifying
the fee calculation and submission
process for gaming operations.
SUMMARY:
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
Effective Date: February 21,
2018.
FOR FURTHER INFORMATION CONTACT:
Austin Badger, National Indian Gaming
Commission; 1849 C Street NW, MS
1621, Washington, DC 20240.
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
establishes the National Indian Gaming
Commission (NIGC or Commission) and
sets out a comprehensive framework for
the regulation of gaming on Indian
lands. The IGRA established an agency
funding framework whereby gaming
operations licensed by tribes pay a fee
to the Commission for each gaming
operation that conducts Class II or Class
III gaming activity that is regulated
pursuant to IGRA. 25 U.S.C. 2717(a)(1).
These fees are used to fund the
Commission in carrying out its
regulatory authority. Fees are based on
the gaming operation’s gross gaming
revenues. The rates of fees are
established annually by the Commission
and payable on a quarterly basis. 25
U.S.C. 2717(a)(3). IGRA limits the total
amount of fees imposed during any
fiscal year to 0.08 percent of the gross
gaming revenues of all gaming
operations subject to regulation under
IGRA. Failure of a gaming operation to
pay the fees imposed by the
Commission’s fee schedule can be
grounds for a civil enforcement action.
25 U.S.C. 2713(a)(1).
The purpose of part 514 is to establish
how the NIGC sets and collects those
fees, to establish a basic formula for
tribes to utilize in calculating the
amount of fees to pay, and to advise of
the consequences for failure to pay the
fees. Part 514 further establishes how
the NIGC determines and assesses
fingerprint processing fees.
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II. Development of the Rule
The development of the rule formally
began with the Commission’s notice to
tribal leaders by letter dated November
22, 2016, of the topic’s inclusion in the
Commission’s 2017 tribal consultation
series. On March 24, 2017, in Tulsa, OK,
April 5, 2017, in Scottsdale, AZ, April
13, 2017, in San Diego, CA, April 20,
2017, in Billings, MT, May 4, 2017, in
Biloxi, MS, and on May 25, 2017, in
Portland, OR, the NIGC consulted with
tribes on proposed changes to the fee
regulations. In addition, the
Commission issued a discussion draft
on January 30, 2017, and solicited
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written comments through July 1, 2017.
Comments received were generally
supportive of the proposed changes to
the fee regulations.
The Commission subsequently
published a proposed rule in the
Federal Register on November 13, 2017.
82 FR 52253. The proposed rule
included amendments to the discussion
draft prompted by internal review and
the Commission’s careful consideration
of the substantive comments received
through consultation and written
submissions. The proposed rule
included discussion of the
Commission’s amendments to the
discussion draft and the Commission’s
responses to comments received. The
proposed rule invited interested parties
to continue to participate in the
rulemaking process by submitting
comments to the proposed rule to the
Commission. While the Commission did
not receive any substantive comments
in response to the proposed rule, the
comments received through
consultation have proven invaluable to
the Commission in developing this rule
amending the fee regulations.
The rule is intended to improve the
Commission’s analysis and budgeting
process and simplify the fee calculation
and payment process for gaming
operations, thereby reducing the
frequency of error in fee calculation.
Under the current fee regulations, the
Commission adopts a preliminary fee
rate by March 1 and a final fee rate by
June 1 of every year. In addition, the
NIGC annually reviews the costs
involved in processing fingerprint cards
and adopts a preliminary rate by March
1 and a final rate by June 1. The rule
simplifies this process by amending the
fee regulations to provide that the
Commission will adopt a final fee rate
and fingerprint processing fee no later
than November 1 of each year. The rule
also defines the fiscal year used in
calculating the required annual fee so
that the fee rate is applied consistently
to a gaming operation’s gross revenues
for one fiscal year. Finally, among other
clarifying revisions to the fee
regulations, the rule describes the fees
and statements required of gaming
operations that cease operations.
III. Review of Public Comments
The Commission did not receive any
substantive comments in response to the
proposed rule.
Regulatory Matters
Tribal Consultation
The National Indian Gaming
Commission is committed to fulfilling
its tribal consultation obligations—
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whether directed by statute or
administrative action such as Executive
Order (E.O.) 13175 (Consultation and
Coordination with Indian Tribal
Governments)—by adhering to the
consultation framework described in its
Consultation Policy published July 15,
2013. The NIGC’s consultation policy
specifies that it will consult with tribes
on Commission Action with Tribal
Implications, which is defined as: Any
Commission regulation, rulemaking,
policy, guidance, legislative proposal, or
operational activity that may have a
substantial direct effect on an Indian
tribe on matters including, but not
limited to the ability of an Indian tribe
to regulate its Indian gaming; an Indian
Tribe’s formal relationship with the
Commission; or the consideration of the
Commission’s trust responsibilities to
Indian tribes. As discussed above, the
NIGC engaged in extensive consultation
on this topic and received and
considered comments in developing this
rule.
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.
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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 section 3(a) and 3(b)(2)
of the Order.
National Environmental Policy Act
The Commission has determined that
the rule does not constitute a major
federal action significantly affecting the
quality of the human environment and
that no detailed statement is required
pursuant to the National Environmental
Policy Act of 1969, 42 U.S.C. 4321, et
seq.
Paperwork Reduction Act
The information collection
requirements contained in this rule
were previously approved by the Office
of Management and Budget (OMB) as
required by 44 U.S.C. 3501 et seq. and
assigned OMB Control Number 3141–
0007. The OMB control number expires
on November 30, 2018.
List of Subjects in 25 CFR Part 514
Gambling, Indian—lands, Indian—
tribal government, Reporting and
recordkeeping requirements.
Therefore, for reasons stated in the
preamble, the National Indian Gaming
Commission revises 25 CFR part 514 to
read as follows:
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PART 514—FEES
Sec.
514.1 What is the purpose of this part?
514.2 When will the annual rates of fees be
published?
514.3 What is the maximum fee rate?
514.4 How does a gaming operation
calculate the amount of the annual fee it
owes?
514.5 When must a gaming operation pay
its annual fees?
514.6 What are the quarterly statements
that must be submitted with the fee
payments?
514.7 What should a gaming operation do
if it changes its fiscal year or ceases
operations?
514.8 Where should fees, quarterly
statements, and other communications
about fees be sent?
514.9 What happens if a gaming operation
submits its fee payment or quarterly
statement late?
514.10 When does a late payment or
quarterly statement submission become a
failure to pay?
514.11 Can a proposed late fee be
appealed?
514.12 When does a notice of late
submission and/or a proposed late fee
become a final order of the Commission
and final agency action?
514.13 How are late submission fees paid,
and can interest be assessed?
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514.14 What happens if the fees imposed
exceed the statutory maximum or if the
Commission does not expend the full
amount of fees collected in a fiscal year?
514.15 May tribes submit fingerprint cards
to the Commission for processing?
514.16 How does the Commission adopt
the fingerprint processing fee?
514.17 How are fingerprint processing fees
collected by the Commission?
Authority: 25 U.S.C. 2706, 2710, 2717,
2717a.
§ 514.1
What is the purpose of this part?
Each gaming operation under the
jurisdiction of the Commission,
including a gaming operation operated
by a tribe with a certificate of selfregulation, shall pay to the Commission
annual fees as established by the
Commission. The Commission, by a
vote of not less than two of its members,
shall adopt the rates of fees to be paid.
§ 514.2 When will the annual rates of fees
be published?
(a) The Commission shall adopt the
rates of fees no later than November 1st
of each year.
(b) The Commission shall publish the
rates of fees in a notice in the Federal
Register.
§ 514.3
What is the maximum fee rate?
(a) The rates of fees imposed shall
be—
(1) No more than 2.5% of the first
$1,500,000 of the assessable gross
revenues from each gaming operation;
and
(2) No more than 5% of amounts in
excess of the first $1,500,000 of the
assessable gross revenues from each
gaming operation.
(b) If a tribe has a certificate of selfregulation, the rate of fees imposed on
assessable gross revenues from the class
II gaming activity shall be no more than
0.25%.
(c) The total amount of all fees
imposed on assessable gross revenues
during any fiscal year shall not exceed
0.08% of the assessable gross gaming
revenues of all gaming operations.
§ 514.4 How does a gaming operation
calculate the amount of the annual fee it
owes?
(a) The amount of annual fees owed
shall be computed using:
(1) The most recent rates of fees
adopted by the Commission; and
(2) The assessable gross revenues for
the gaming operation’s assessed fiscal
year.
(b) Assessed fiscal year means the
gaming operation’s fiscal year ending
prior to January 1 of the year the
Commission adopted fee rates.
(c) For purposes of computing fees,
assessable gross revenues for each
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gaming operation are the total amount of
money wagered on class II and III
games, plus entry fees (including table
or card fees), less any amounts paid out
as prizes or paid for prizes awarded, and
less an allowance for capital
expenditures for structures as reflected
in the gaming operation’s audited
financial statements.
(d) Tier 1 assessable gross revenues
are the first $1,500,000 of the assessable
gross revenues from each gaming
operation. Tier 2 assessable gross
revenues are the amounts in excess of
the first $1,500,000 of the assessable
gross revenues from each gaming
operation.
(e) The allowance for capital
expenditures for structures shall be
either:
(1) An amount not to exceed 5% of
the cost of structures in use throughout
the assessed fiscal year and 2.5% of the
cost of structures in use during only a
part of the assessed fiscal year; or
(2) An amount not to exceed 10% of
the total amount of depreciation
expenses for the assessed fiscal year.
(f) Unless otherwise provided by
regulation, generally accepted
accounting principles shall be used.
§ 514.5 When must a gaming operation
pay its annual fees?
(a) Annual fees are payable to the
Commission on a quarterly basis. The
annual fee payable to the Commission
optionally may be paid in full in the
first quarterly payment.
(b) Each gaming operation shall
calculate the amount of fees to be paid,
if any, and remit them with the
quarterly statement required in § 514.6
within three (3) months, six (6) months,
nine (9) months, and twelve (12) months
of the end of the gaming operation’s
fiscal year.
§ 514.6 What are the quarterly statements
that must be submitted with the fee
payments?
(a) Each gaming operation shall file
with the Commission quarterly
statements showing its assessable gross
revenues for the assessed fiscal year.
(b) These statements shall show the
amounts derived from each type of
game, the amounts deducted for prizes,
and the amounts deducted for the
allowance for capital expenditures for
structures.
(c) The quarterly statements shall
identify an individual or individuals to
be contacted should the Commission
need to communicate further with the
gaming operation. A telephone number
and email address for each individual
identified shall be included.
(d) Each quarterly statement shall
include the computation of the fees
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payable, showing all amounts used in
the calculations. The required
calculations are as follows:
(1) Multiply the Tier 1 assessable
gross revenues by the rate for those
revenues adopted by the Commission.
(2) Multiply the Tier 2 assessable
gross revenues by the rate for those
revenues adopted by the Commission.
(3) Add (total) the results (products)
obtained in paragraphs (d)(1) and (2) of
this section.
(4) Multiply the total obtained in
paragraph (d)(3) of this section by 1⁄4.
(5) Adjust for prior amounts paid and
credits received, if applicable. The
gaming operation shall provide a
detailed justification for the adjustment.
(6) The amount computed in
paragraph (d)(5) of this section is the
amount to be remitted.
(e) As required by part 571 of this
chapter, quarterly statements must be
reconciled with a tribe’s audited or
reviewed financial statements for each
gaming location. These reconciliations
must be made available upon the
request of any authorized representative
of the Commission.
§ 514.7 What should a gaming operation
do if it changes its fiscal year or ceases
operations?
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(a) If a gaming operation changes its
fiscal year, it shall notify the
Commission of the change within thirty
(30) days. The Commission may request
that the gaming operation prepare and
submit to the Commission fees and
statements for the period from the end
of the previous fiscal year to the
beginning of the new fiscal year. The
submission must be sent to the
Commission within ninety (90) days of
its request.
(b) If a gaming operation ceases
operations, it shall notify the
Commission within (30) days. The
Commission may request that the
gaming operation, using the most recent
rates of fees adopted by the
Commission, prepare and submit to the
Commission fees and statements for the
period from the end of the most recent
quarter for which fees have been paid to
the date operations ceased. The
submission must be sent to the
Commission within (90) days of its
request.
§ 514.8 Where should fees, quarterly
statements, and other communications
about fees be sent?
Remittances, quarterly statements,
and other communications about fees
shall be sent to the Commission by the
methods provided for in the rates of fees
notice published in the Federal
Register.
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§ 514.9 What happens if a gaming
operation submits its fee payment or
quarterly statement late?
(a) In the event that a gaming
operation fails to submit a fee payment
or quarterly statement in a timely
manner, the Chair of the Commission
may issue a notice specifying:
(1) The date the statement and/or
payment was due;
(2) The number of calendar days late
the statement and/or payment was
submitted;
(3) A citation to the federal or tribal
requirement that has been or is being
violated;
(4) The action being considered by the
Chair; and
(5) Notice of rights of appeal pursuant
to subchapter H of this chapter.
(b) Within fifteen (15) days of service
of the notice, the recipient may submit
written information about the notice to
the Chair. The Chair shall consider any
information submitted by the recipient
as well as the recipient’s history of
untimely submissions or failure to file
statements and/or fee payments over the
preceding five (5) years in determining
the amount of the late fee, if any.
(c) When practicable, within thirty
(30) days of issuing the notice described
in paragraph (a) of this section to a
recipient, the Chair of the Commission
may assess a proposed late fee against
a recipient for each failure to file a
timely quarterly statement and/or fee
payment:
(1) For statements and/or fee
payments one (1) to thirty (30) calendar
days late, the Chair may propose a late
fee of up to, but not more than 10% of
the fee amount for that quarter;
(2) For statements and/or fee
payments thirty-one (31) to sixty (60)
calendar days late, the Chair may
propose a late fee of up to, but not more
than 15% of the fee amount for that
quarter; and
(3) For statements and/or fee
payments sixty-one (61) to ninety (90)
calendar days late, the Chair may
propose a late fee of up to, but not more
than 20% of the fee amount for that
quarter.
§ 514.10 When does a late payment or
quarterly statement submission become a
failure to pay?
Statements and/or fee payments over
ninety (90) calendar days late constitute
a failure to pay the annual fee, as set
forth in IGRA, 25 U.S.C. 2717(a)(4), and
Commission regulations, 25 CFR
573.4(a)(2). In accordance with 25
U.S.C. 2717(a)(4), failure to pay fees
shall be grounds for revocation of the
approval of the Chair of any license,
ordinance or resolution required under
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IGRA for the operation of gaming. In
accordance with § 573.4(a)(2) of this
chapter, if a tribe, management
contractor, or individually owned
gaming operation fails to pay the annual
fee, the Chair may issue a notice of
violation and, simultaneously with or
subsequently to the notice of violation,
a temporary closure order.
§ 514.11 Can a proposed late fee be
appealed?
(a) Proposed late fees assessed by the
Chair may be appealed under
subchapter H of this chapter.
(b) At any time prior to the filing of
a notice of appeal under subchapter H
of this chapter, the Chair and the
recipient may agree to settle the notice
of late submission, including the
amount of the proposed late fee. In the
event a settlement is reached, a
settlement agreement shall be prepared
and executed by the Chair and the
recipient. If a settlement agreement is
executed, the recipient shall be deemed
to have waived all rights to further
review of the notice or late fee in
question, except as otherwise provided
expressly in the settlement agreement.
In the absence of a settlement of the
issues under this paragraph (b), the
recipient may contest the proposed late
fee before the Commission in
accordance with subchapter H of this
chapter.
§ 514.12 When does a notice of late
submission and/or a proposed late fee
become a final order of the Commission
and final agency action?
If the recipient fails to appeal under
subchapter H of this chapter, the notice
and the proposed late fee shall become
a final order of the Commission and
final agency action.
§ 514.13 How are late submission fees
paid, and can interest be assessed?
(a) Late fees assessed under this part
shall be paid by the person or entity
assessed and shall not be treated as an
operating expense of the operation.
(b) The Commission shall transfer the
late fee paid under this subchapter to
the U.S. Treasury.
(c) Interest shall be assessed at rates
established from time to time by the
Secretary of the Treasury on amounts
remaining unpaid after their due date.
§ 514.14 What happens if the fees imposed
exceed the statutory maximum or if the
Commission does not expend the full
amount of fees collected in a fiscal year?
(a) The total amount of all fees
imposed during any fiscal year shall not
exceed the statutory maximum imposed
by Congress. The Commission shall
credit pro-rata any fees collected in
E:\FR\FM\22JAR1.SGM
22JAR1
Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
excess of this amount against amounts
otherwise due.
(b) To the extent that revenue derived
from fees imposed under the rates of
fees established under § 514.2 are not
expended or committed at the close of
any fiscal year, such funds shall remain
available until expended to defray the
costs of operations of the Commission.
§ 514.15 May tribes submit fingerprint
cards to the Commission for processing?
Dated: January 9, 2018.
Jonodev O. Chaudhuri,
Chairman.
Kathryn Isom-Clause,
Vice Chair.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2018–00877 Filed 1–19–18; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF THE INTERIOR
§ 514.16 How does the Commission adopt
the fingerprint processing fee?
[Docket No. ONRR–2017–0003; DS63644000
DR2PS0000.CH7000 189D0102R2]
(a) The Commission shall review
annually the costs involved in
processing fingerprint cards and, by a
vote of not less than two of its members,
shall adopt the fingerprint processing
fee no later than November 1st of each
year.
(b) The Commission shall publish the
fingerprint processing fee in a notice in
the Federal Register.
(c) The fingerprint processing fee
shall be based on fees charged by the
Federal Bureau of Investigation and
costs incurred by the Commission.
Commission costs include Commission
personnel, supplies, equipment costs,
and postage to submit the results to the
requesting tribe.
RIN 1012–AA23
(a) Fees for processing fingerprint
cards will be billed monthly to each
Tribe for cards processed during the
prior month. Tribes shall pay the
amount billed within forty-five (45)
days of the date of the bill.
(b) The Chair may suspend fingerprint
card processing for a tribe that has a bill
remaining unpaid for more than fortyfive (45) days.
(c) Remittances and other
communications about fingerprint
processing fees shall be sent to the
Commission by the methods provided
for in the rates of fees notice published
in the Federal Register.
Office of Natural Resources Revenue
30 CFR Part 1241
Inflation Adjustments to Civil Monetary
Penalty Rates for Calendar Year 2018
Office of the Secretary, Office
of Natural Resources Revenue, Interior.
ACTION: Final rule.
AGENCY:
The Office of Natural
Resources Revenue (ONRR) publishes
this final rule to increase our maximum
civil monetary penalty (CMP) rates for
inflation occurring between October
2016 and October 2017.
DATES: This rule is effective on January
22, 2018.
FOR FURTHER INFORMATION CONTACT: For
questions on procedural issues, contact
Armand Southall, Regulatory Specialist,
by telephone at (303) 231–3221 or email
to Armand.Southall@onrr.gov. For
questions on technical issues, contact
Geary Keeton, Chief of Enforcement, by
telephone at (303) 231–3096 or email to
Geary.Keeton@onrr.gov. You may obtain
a paper copy of this rule by contacting
Mr. Southall by phone or email.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Inflation-Adjusted Maximum Rates
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (collectively, ‘‘the Act’’), codified
at 28 U.S.C.S. 2461 note (LEXIS through
Pub. L. 115–90, approved 12/8/17),
requires Federal agencies to adjust their
civil monetary penalty (CMP) rates for
inflation every year.
In accordance with sections 4 and 5
of the Act, the annual CMP inflation
adjustment for 2018 is based on the
percent change in the Consumer Price
Index for all Urban Consumers (CPI–U)
between October 2016 and October
2017. The CPI–U for October 2016 was
241.729, and for October 2017 was
246.663, for an increase of 2.041%. In
accordance with section 5(a) of the Act,
the new maximum CMP rates must be
rounded to the nearest whole dollar. In
accordance with section 6 of the Act,
the new maximum penalty rates will
apply only to CMPs, including those
which are associated with violations
predating the increase, that are assessed
after the date the increase takes effect.
ONRR assesses CMPs under the
Federal Oil and Gas Royalty
Management Act, 30 U.S.C. 1719, and
our regulations at 30 CFR part 1241. We
calculate and assess CMPs per violation,
at the applicable rate, for each day such
violation continues.
II. Inflation-Adjusted Maximum Rates
This final rule increases the
maximum CMP rates for each of the four
categories of violations identified in 30
U.S.C. 1719(a)–(d) and 30 CFR part
1241. The following list identifies the
existing ONRR regulations containing
CMP rates and shows those rates before
and after this increase.
Current
penalty rate
30 CFR citation
ethrower on DSK3G9T082PROD with RULES
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O.
13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
L. Clarity of This Regulation
M. Administrative Procedure Act
I. Background
Tribes may submit fingerprint cards to
the Commission for processing by the
Federal Bureau of Investigation and the
Commission may charge a fee to process
fingerprint cards on behalf of the tribes.
§ 514.17 How are fingerprint processing
fees collected by the Commission?
1241.52(a)(2) ...............................................................................................................................
1241.52(b) ....................................................................................................................................
1241.60(b)(1) ...............................................................................................................................
1241.60(b)(2) ...............................................................................................................................
VerDate Sep<11>2014
15:52 Jan 19, 2018
Jkt 244001
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PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
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1,196
11,967
23,933
59,834
22JAR1
2018
inflation
adjustment
multiplier
1.02041
1.02041
1.02041
1.02041
2018
adjusted
penalty rate
1,220
12,211
24,421
61,055
]]>Agencies
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2903-2907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00877]
=======================================================================
-----------------------------------------------------------------------
NATIONAL INDIAN GAMING COMMISSION
25 CFR Part 514
Fees
AGENCY: National Indian Gaming Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Indian Gaming Commission is amending its fee
regulations. The rule amends the regulations that describe when the
Commission adopts annual fee rates, defines the fiscal year of the
gaming operation that will be used for calculating the fee payments,
and includes additional revisions clarifying the fee calculation and
submission process for gaming operations.
[[Page 2904]]
DATES: Effective Date: February 21, 2018.
FOR FURTHER INFORMATION CONTACT: Austin Badger, National Indian Gaming
Commission; 1849 C Street NW, MS 1621, Washington, DC 20240. 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 establishes the National Indian Gaming Commission (NIGC or
Commission) and sets out a comprehensive framework for the regulation
of gaming on Indian lands. The IGRA established an agency funding
framework whereby gaming operations licensed by tribes pay a fee to the
Commission for each gaming operation that conducts Class II or Class
III gaming activity that is regulated pursuant to IGRA. 25 U.S.C.
2717(a)(1). These fees are used to fund the Commission in carrying out
its regulatory authority. Fees are based on the gaming operation's
gross gaming revenues. The rates of fees are established annually by
the Commission and payable on a quarterly basis. 25 U.S.C. 2717(a)(3).
IGRA limits the total amount of fees imposed during any fiscal year to
0.08 percent of the gross gaming revenues of all gaming operations
subject to regulation under IGRA. Failure of a gaming operation to pay
the fees imposed by the Commission's fee schedule can be grounds for a
civil enforcement action. 25 U.S.C. 2713(a)(1).
The purpose of part 514 is to establish how the NIGC sets and
collects those fees, to establish a basic formula for tribes to utilize
in calculating the amount of fees to pay, and to advise of the
consequences for failure to pay the fees. Part 514 further establishes
how the NIGC determines and assesses fingerprint processing fees.
II. Development of the Rule
The development of the rule formally began with the Commission's
notice to tribal leaders by letter dated November 22, 2016, of the
topic's inclusion in the Commission's 2017 tribal consultation series.
On March 24, 2017, in Tulsa, OK, April 5, 2017, in Scottsdale, AZ,
April 13, 2017, in San Diego, CA, April 20, 2017, in Billings, MT, May
4, 2017, in Biloxi, MS, and on May 25, 2017, in Portland, OR, the NIGC
consulted with tribes on proposed changes to the fee regulations. In
addition, the Commission issued a discussion draft on January 30, 2017,
and solicited written comments through July 1, 2017. Comments received
were generally supportive of the proposed changes to the fee
regulations.
The Commission subsequently published a proposed rule in the
Federal Register on November 13, 2017. 82 FR 52253. The proposed rule
included amendments to the discussion draft prompted by internal review
and the Commission's careful consideration of the substantive comments
received through consultation and written submissions. The proposed
rule included discussion of the Commission's amendments to the
discussion draft and the Commission's responses to comments received.
The proposed rule invited interested parties to continue to participate
in the rulemaking process by submitting comments to the proposed rule
to the Commission. While the Commission did not receive any substantive
comments in response to the proposed rule, the comments received
through consultation have proven invaluable to the Commission in
developing this rule amending the fee regulations.
The rule is intended to improve the Commission's analysis and
budgeting process and simplify the fee calculation and payment process
for gaming operations, thereby reducing the frequency of error in fee
calculation. Under the current fee regulations, the Commission adopts a
preliminary fee rate by March 1 and a final fee rate by June 1 of every
year. In addition, the NIGC annually reviews the costs involved in
processing fingerprint cards and adopts a preliminary rate by March 1
and a final rate by June 1. The rule simplifies this process by
amending the fee regulations to provide that the Commission will adopt
a final fee rate and fingerprint processing fee no later than November
1 of each year. The rule also defines the fiscal year used in
calculating the required annual fee so that the fee rate is applied
consistently to a gaming operation's gross revenues for one fiscal
year. Finally, among other clarifying revisions to the fee regulations,
the rule describes the fees and statements required of gaming
operations that cease operations.
III. Review of Public Comments
The Commission did not receive any substantive comments in response
to the proposed rule.
Regulatory Matters
Tribal Consultation
The National Indian Gaming Commission is committed to fulfilling
its tribal consultation obligations--whether directed by statute or
administrative action such as Executive Order (E.O.) 13175
(Consultation and Coordination with Indian Tribal Governments)--by
adhering to the consultation framework described in its Consultation
Policy published July 15, 2013. The NIGC's consultation policy
specifies that it will consult with tribes on Commission Action with
Tribal Implications, which is defined as: Any Commission regulation,
rulemaking, policy, guidance, legislative proposal, or operational
activity that may have a substantial direct effect on an Indian tribe
on matters including, but not limited to the ability of an Indian tribe
to regulate its Indian gaming; an Indian Tribe's formal relationship
with the Commission; or the consideration of the Commission's trust
responsibilities to Indian tribes. As discussed above, the NIGC engaged
in extensive consultation on this topic and received and considered
comments in developing this rule.
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.
[[Page 2905]]
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 section 3(a) and 3(b)(2) of the Order.
National Environmental Policy Act
The Commission has determined that the rule does not constitute a
major federal action significantly affecting the quality of the human
environment and that no detailed statement is required pursuant to the
National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq.
Paperwork Reduction Act
The information collection requirements contained in this rule were
previously approved by the Office of Management and Budget (OMB) as
required by 44 U.S.C. 3501 et seq. and assigned OMB Control Number
3141- 0007. The OMB control number expires on November 30, 2018.
List of Subjects in 25 CFR Part 514
Gambling, Indian--lands, Indian--tribal government, Reporting and
recordkeeping requirements.
Therefore, for reasons stated in the preamble, the National Indian
Gaming Commission revises 25 CFR part 514 to read as follows:
PART 514--FEES
Sec.
514.1 What is the purpose of this part?
514.2 When will the annual rates of fees be published?
514.3 What is the maximum fee rate?
514.4 How does a gaming operation calculate the amount of the annual
fee it owes?
514.5 When must a gaming operation pay its annual fees?
514.6 What are the quarterly statements that must be submitted with
the fee payments?
514.7 What should a gaming operation do if it changes its fiscal
year or ceases operations?
514.8 Where should fees, quarterly statements, and other
communications about fees be sent?
514.9 What happens if a gaming operation submits its fee payment or
quarterly statement late?
514.10 When does a late payment or quarterly statement submission
become a failure to pay?
514.11 Can a proposed late fee be appealed?
514.12 When does a notice of late submission and/or a proposed late
fee become a final order of the Commission and final agency action?
514.13 How are late submission fees paid, and can interest be
assessed?
514.14 What happens if the fees imposed exceed the statutory maximum
or if the Commission does not expend the full amount of fees
collected in a fiscal year?
514.15 May tribes submit fingerprint cards to the Commission for
processing?
514.16 How does the Commission adopt the fingerprint processing fee?
514.17 How are fingerprint processing fees collected by the
Commission?
Authority: 25 U.S.C. 2706, 2710, 2717, 2717a.
Sec. 514.1 What is the purpose of this part?
Each gaming operation under the jurisdiction of the Commission,
including a gaming operation operated by a tribe with a certificate of
self-regulation, shall pay to the Commission annual fees as established
by the Commission. The Commission, by a vote of not less than two of
its members, shall adopt the rates of fees to be paid.
Sec. 514.2 When will the annual rates of fees be published?
(a) The Commission shall adopt the rates of fees no later than
November 1st of each year.
(b) The Commission shall publish the rates of fees in a notice in
the Federal Register.
Sec. 514.3 What is the maximum fee rate?
(a) The rates of fees imposed shall be--
(1) No more than 2.5% of the first $1,500,000 of the assessable
gross revenues from each gaming operation; and
(2) No more than 5% of amounts in excess of the first $1,500,000 of
the assessable gross revenues from each gaming operation.
(b) If a tribe has a certificate of self-regulation, the rate of
fees imposed on assessable gross revenues from the class II gaming
activity shall be no more than 0.25%.
(c) The total amount of all fees imposed on assessable gross
revenues during any fiscal year shall not exceed 0.08% of the
assessable gross gaming revenues of all gaming operations.
Sec. 514.4 How does a gaming operation calculate the amount of the
annual fee it owes?
(a) The amount of annual fees owed shall be computed using:
(1) The most recent rates of fees adopted by the Commission; and
(2) The assessable gross revenues for the gaming operation's
assessed fiscal year.
(b) Assessed fiscal year means the gaming operation's fiscal year
ending prior to January 1 of the year the Commission adopted fee rates.
(c) For purposes of computing fees, assessable gross revenues for
each gaming operation are the total amount of money wagered on class II
and III games, plus entry fees (including table or card fees), less any
amounts paid out as prizes or paid for prizes awarded, and less an
allowance for capital expenditures for structures as reflected in the
gaming operation's audited financial statements.
(d) Tier 1 assessable gross revenues are the first $1,500,000 of
the assessable gross revenues from each gaming operation. Tier 2
assessable gross revenues are the amounts in excess of the first
$1,500,000 of the assessable gross revenues from each gaming operation.
(e) The allowance for capital expenditures for structures shall be
either:
(1) An amount not to exceed 5% of the cost of structures in use
throughout the assessed fiscal year and 2.5% of the cost of structures
in use during only a part of the assessed fiscal year; or
(2) An amount not to exceed 10% of the total amount of depreciation
expenses for the assessed fiscal year.
(f) Unless otherwise provided by regulation, generally accepted
accounting principles shall be used.
Sec. 514.5 When must a gaming operation pay its annual fees?
(a) Annual fees are payable to the Commission on a quarterly basis.
The annual fee payable to the Commission optionally may be paid in full
in the first quarterly payment.
(b) Each gaming operation shall calculate the amount of fees to be
paid, if any, and remit them with the quarterly statement required in
Sec. 514.6 within three (3) months, six (6) months, nine (9) months,
and twelve (12) months of the end of the gaming operation's fiscal
year.
Sec. 514.6 What are the quarterly statements that must be submitted
with the fee payments?
(a) Each gaming operation shall file with the Commission quarterly
statements showing its assessable gross revenues for the assessed
fiscal year.
(b) These statements shall show the amounts derived from each type
of game, the amounts deducted for prizes, and the amounts deducted for
the allowance for capital expenditures for structures.
(c) The quarterly statements shall identify an individual or
individuals to be contacted should the Commission need to communicate
further with the gaming operation. A telephone number and email address
for each individual identified shall be included.
(d) Each quarterly statement shall include the computation of the
fees
[[Page 2906]]
payable, showing all amounts used in the calculations. The required
calculations are as follows:
(1) Multiply the Tier 1 assessable gross revenues by the rate for
those revenues adopted by the Commission.
(2) Multiply the Tier 2 assessable gross revenues by the rate for
those revenues adopted by the Commission.
(3) Add (total) the results (products) obtained in paragraphs
(d)(1) and (2) of this section.
(4) Multiply the total obtained in paragraph (d)(3) of this section
by \1/4\.
(5) Adjust for prior amounts paid and credits received, if
applicable. The gaming operation shall provide a detailed justification
for the adjustment.
(6) The amount computed in paragraph (d)(5) of this section is the
amount to be remitted.
(e) As required by part 571 of this chapter, quarterly statements
must be reconciled with a tribe's audited or reviewed financial
statements for each gaming location. These reconciliations must be made
available upon the request of any authorized representative of the
Commission.
Sec. 514.7 What should a gaming operation do if it changes its fiscal
year or ceases operations?
(a) If a gaming operation changes its fiscal year, it shall notify
the Commission of the change within thirty (30) days. The Commission
may request that the gaming operation prepare and submit to the
Commission fees and statements for the period from the end of the
previous fiscal year to the beginning of the new fiscal year. The
submission must be sent to the Commission within ninety (90) days of
its request.
(b) If a gaming operation ceases operations, it shall notify the
Commission within (30) days. The Commission may request that the gaming
operation, using the most recent rates of fees adopted by the
Commission, prepare and submit to the Commission fees and statements
for the period from the end of the most recent quarter for which fees
have been paid to the date operations ceased. The submission must be
sent to the Commission within (90) days of its request.
Sec. 514.8 Where should fees, quarterly statements, and other
communications about fees be sent?
Remittances, quarterly statements, and other communications about
fees shall be sent to the Commission by the methods provided for in the
rates of fees notice published in the Federal Register.
Sec. 514.9 What happens if a gaming operation submits its fee payment
or quarterly statement late?
(a) In the event that a gaming operation fails to submit a fee
payment or quarterly statement in a timely manner, the Chair of the
Commission may issue a notice specifying:
(1) The date the statement and/or payment was due;
(2) The number of calendar days late the statement and/or payment
was submitted;
(3) A citation to the federal or tribal requirement that has been
or is being violated;
(4) The action being considered by the Chair; and
(5) Notice of rights of appeal pursuant to subchapter H of this
chapter.
(b) Within fifteen (15) days of service of the notice, the
recipient may submit written information about the notice to the Chair.
The Chair shall consider any information submitted by the recipient as
well as the recipient's history of untimely submissions or failure to
file statements and/or fee payments over the preceding five (5) years
in determining the amount of the late fee, if any.
(c) When practicable, within thirty (30) days of issuing the notice
described in paragraph (a) of this section to a recipient, the Chair of
the Commission may assess a proposed late fee against a recipient for
each failure to file a timely quarterly statement and/or fee payment:
(1) For statements and/or fee payments one (1) to thirty (30)
calendar days late, the Chair may propose a late fee of up to, but not
more than 10% of the fee amount for that quarter;
(2) For statements and/or fee payments thirty-one (31) to sixty
(60) calendar days late, the Chair may propose a late fee of up to, but
not more than 15% of the fee amount for that quarter; and
(3) For statements and/or fee payments sixty-one (61) to ninety
(90) calendar days late, the Chair may propose a late fee of up to, but
not more than 20% of the fee amount for that quarter.
Sec. 514.10 When does a late payment or quarterly statement
submission become a failure to pay?
Statements and/or fee payments over ninety (90) calendar days late
constitute a failure to pay the annual fee, as set forth in IGRA, 25
U.S.C. 2717(a)(4), and Commission regulations, 25 CFR 573.4(a)(2). In
accordance with 25 U.S.C. 2717(a)(4), failure to pay fees shall be
grounds for revocation of the approval of the Chair of any license,
ordinance or resolution required under IGRA for the operation of
gaming. In accordance with Sec. 573.4(a)(2) of this chapter, if a
tribe, management contractor, or individually owned gaming operation
fails to pay the annual fee, the Chair may issue a notice of violation
and, simultaneously with or subsequently to the notice of violation, a
temporary closure order.
Sec. 514.11 Can a proposed late fee be appealed?
(a) Proposed late fees assessed by the Chair may be appealed under
subchapter H of this chapter.
(b) At any time prior to the filing of a notice of appeal under
subchapter H of this chapter, the Chair and the recipient may agree to
settle the notice of late submission, including the amount of the
proposed late fee. In the event a settlement is reached, a settlement
agreement shall be prepared and executed by the Chair and the
recipient. If a settlement agreement is executed, the recipient shall
be deemed to have waived all rights to further review of the notice or
late fee in question, except as otherwise provided expressly in the
settlement agreement. In the absence of a settlement of the issues
under this paragraph (b), the recipient may contest the proposed late
fee before the Commission in accordance with subchapter H of this
chapter.
Sec. 514.12 When does a notice of late submission and/or a proposed
late fee become a final order of the Commission and final agency
action?
If the recipient fails to appeal under subchapter H of this
chapter, the notice and the proposed late fee shall become a final
order of the Commission and final agency action.
Sec. 514.13 How are late submission fees paid, and can interest be
assessed?
(a) Late fees assessed under this part shall be paid by the person
or entity assessed and shall not be treated as an operating expense of
the operation.
(b) The Commission shall transfer the late fee paid under this
subchapter to the U.S. Treasury.
(c) Interest shall be assessed at rates established from time to
time by the Secretary of the Treasury on amounts remaining unpaid after
their due date.
Sec. 514.14 What happens if the fees imposed exceed the statutory
maximum or if the Commission does not expend the full amount of fees
collected in a fiscal year?
(a) The total amount of all fees imposed during any fiscal year
shall not exceed the statutory maximum imposed by Congress. The
Commission shall credit pro-rata any fees collected in
[[Page 2907]]
excess of this amount against amounts otherwise due.
(b) To the extent that revenue derived from fees imposed under the
rates of fees established under Sec. 514.2 are not expended or
committed at the close of any fiscal year, such funds shall remain
available until expended to defray the costs of operations of the
Commission.
Sec. 514.15 May tribes submit fingerprint cards to the Commission for
processing?
Tribes may submit fingerprint cards to the Commission for
processing by the Federal Bureau of Investigation and the Commission
may charge a fee to process fingerprint cards on behalf of the tribes.
Sec. 514.16 How does the Commission adopt the fingerprint processing
fee?
(a) The Commission shall review annually the costs involved in
processing fingerprint cards and, by a vote of not less than two of its
members, shall adopt the fingerprint processing fee no later than
November 1st of each year.
(b) The Commission shall publish the fingerprint processing fee in
a notice in the Federal Register.
(c) The fingerprint processing fee shall be based on fees charged
by the Federal Bureau of Investigation and costs incurred by the
Commission. Commission costs include Commission personnel, supplies,
equipment costs, and postage to submit the results to the requesting
tribe.
Sec. 514.17 How are fingerprint processing fees collected by the
Commission?
(a) Fees for processing fingerprint cards will be billed monthly to
each Tribe for cards processed during the prior month. Tribes shall pay
the amount billed within forty-five (45) days of the date of the bill.
(b) The Chair may suspend fingerprint card processing for a tribe
that has a bill remaining unpaid for more than forty-five (45) days.
(c) Remittances and other communications about fingerprint
processing fees shall be sent to the Commission by the methods provided
for in the rates of fees notice published in the Federal Register.
Dated: January 9, 2018.
Jonodev O. Chaudhuri,
Chairman.
Kathryn Isom-Clause,
Vice Chair.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2018-00877 Filed 1-19-18; 8:45 am]
BILLING CODE 7565-01-P
