Appeals to the Commission, 76928-76930 [2022-27034]
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76928
Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Rules and Regulations
‘‘FSUE Rosmorport Far Eastern Basin
Branch’’, ‘‘Intercom Ltd.’’, ‘‘Nasosy
Ampika’’, ‘‘Nuclin LLC’’, ‘‘SDB IRE
RAS’’, ‘‘Security 2 Business Academy’’,
‘‘Tavrida Microelectronics’’, and ‘‘VIP
Technology Ltd.’’
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2022–27149 Filed 12–15–22; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 101 and 201
[Docket No. RM92–1–000; Order No. 552]
Revisions to Uniform Systems of
Accounts To Account for Allowances
Under the Clean Air Act Amendments
of 1990 and Regulatory-Created Assets
and Liabilities and to Form Nos. 1, 1–
F, 2 and 2–A; Announcing OMB
Approval of Information Collection and
Recordkeeping Requirements
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule; approval of OMB
information collection and
recordkeeping requirements.
AGENCY:
In Order No. 552, published
in the Federal Register on April 7, 1993,
the Commission noted that the Office of
Management and Budget (OMB) had not
yet approved information collection and
recordkeeping requirements associated
with the Commission’s accounting
requirements for certain emissions
allowances, regulatory assets, and
liabilities. OMB issued the approvals for
that collection of information and the
associated changes to Form Nos. 1–F, 2,
and 2A on May 25, 1993, and Form No.
1 on August 18, 1993. In Order No. 552,
the Commission also stated that upon
approval by OMB, notice of the effective
date would be published in the Federal
Register. This issuance provides notice.
DATES: As of December 16, 2022, the
information collection and
recordkeeping requirements in the final
rule amending 18 CFR parts 101 and
201, published on April 7, 1993 (58 FR
17982), were approved by OMB on May
25, 1993, and August 18, 1993.
FOR FURTHER INFORMATION CONTACT:
Daniel Birkam (Technical Information),
Office of Enforcement, Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426, (202) 502–
8035, Daniel.Birkam@ferc.gov.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:07 Dec 15, 2022
Jkt 259001
Nathan Lobel (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426,
(202) 502–8456, Nathan.lobel@ferc.gov.
SUPPLEMENTARY INFORMATION: Order No.
552 1 adopted accounting requirements
for allowances for emission of sulfur
dioxide under the Clean Air Act
Amendments of 1990, and for assets and
liabilities created through the
ratemaking actions of regulatory
agencies. It also adopted new reporting
schedules and revised other schedules
to be used by jurisdictional companies
in reporting information on allowances
and regulatory assets and liabilities.
These accounting requirements are
collections of information under OMB
control nos. 1902–0021, 1902–0028,
1902–0029, and 1902–0030. Order No.
552 was published in the Federal
Register on April 7, 1993 (58 FR 17982).
It became effective on January 1, 1993,
with the exception of the information
collection provisions, which became
effective upon OMB approval. The
Commission submitted a copy of the
changes to Form Nos. 1–F, 2, and 2A to
OMB for its review on April 8, 1993,
and OMB approved the information
collection on May 25, 1993, under OMB
control nos. 1902–0028, 1902–0029, and
1902–0030. The Commission submitted
a copy of the changes to Form No. 1 on
July 19, 1993, and OMB approved the
information collection on August 18,
1993, under OMB control no. 1902–
0021.
Dated: December 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–27261 Filed 12–15–22; 8:45 am]
BILLING CODE 6717–01–P
amends its regulations regarding appeal
before the Commission to include a
settlement procedure and to limit the
motions that may be filed during an
appeal before the Commission.
DATES: Effective January 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael Hoenig, 1849 C Street NW, Mail
Stop #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
established the National Indian Gaming
Commission (‘‘NIGC’’ or ‘‘Commission’’)
and set out a comprehensive framework
for the regulation of gaming on Indian
lands. IGRA, in several instances,
requires that the Commission provide
an opportunity for a hearing on
proposed fines, temporary closure
orders, and removals of a certificate of
self-regulation. Also through regulatory
action, the Commission has afforded
appeals for notices of violations,
modified and voided management
contracts, and notices of late fees and
late fee assessments. As to all these
areas, part 585 of NIGC regulations
offers appeals to the Commission on
written submissions.
The Commission comprehensively
updated the appeals regulations in 2012,
consolidating them in one subchapter.
(77 FR 58941–01). This rule augments
the appeals regulations by inserting a
comprehensive settlement procedure for
appeals under part 585, rectifying its
absence in the current regulations, and
limits the motions permitted during an
appeal.
II. Development of the Rule
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 585
RIN 3141–AA75
Appeals to the Commission
National Indian Gaming
Commission, Interior.
ACTION: Final rule.
AGENCY:
The National Indian Gaming
Commission (NIGC or Commission)
SUMMARY:
1 Revisions to Uniform Systems of Accounts to
Account for Allowances Under the Clean Air Act
Amendments of 1990 and Regulatory-Created
Assets and Liabilities and to Form Nos. 1, 1–F, 2
and 2–A, Order No. 552, 58 FR 17982 (April 7,
1993), FERC Stats. & Regs. ¶ 30,967 (1993) (crossreferenced at 62 FERC ¶ 61,299).
PO 00000
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Fmt 4700
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On June 9, 2021, the National Indian
Gaming Commission sent a Notice of
Consultation announcing that the
Agency intended to consult on a
number of topics, including proposed
changes to the appeals regulations in
part 585. Prior to consultation, the
Commission sent another Notice of
Consultation, dated September 13, 2021,
and released a proposed discussion
draft of the regulations for review. The
proposed amendments to these
regulations were intended to solicit
Tribes’ views on: (1) the Commission
inviting, directing or granting leave to
the Chair to file or respond to motions
and (2) supplying a settlement
procedure for appeals to the
Commission on written submissions.
The Commission held three virtual
consultation sessions in September and
E:\FR\FM\16DER1.SGM
16DER1
Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Rules and Regulations
October of 2021 to receive tribal input
on the possible changes. The
Commission reviewed all comments
received as part of the consultation
process.
Upon reviewing the comments
received during the consultation period,
the Commission published a notice of
proposed rulemaking (‘‘NPRM’’) on
August 10, 2022. 87 FR 48615. The
NPRM invited interested parties to
participate in the rulemaking process by
submitting comments and any
supporting data to the NIGC by
September 9, 2022.
III. Review of Public Comments
The Commission received no
comments to the proposed rule.
Regulatory Matters
Regulatory Flexibility Act
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.
Civil Justice Reform
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.
Pursuant to this policy, on June 9,
2021, the National Indian Gaming
Commission sent a Notice of
Consultation announcing that the
Agency intended to consult on a
number of topics, including proposed
changes to the written submissions
appeal process. Specifically, the
Commission sought consultation on
whether it should invite, direct, or grant
leave to the Chair to file or respond to
motions or add a comprehensive
settlement procedure. On July 27, 2021,
and July 28, 2021, the Commission held
two virtual consultations on the
proposed changes.
In accordance with Executive Order
12988, the Commission has determined
that the rule does not unduly burden the
judicial system and meets the
List of Subjects in 25 CFR Part 585
Administrative practice and
procedure, Gambling, Indians—lands,
Penalties.
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
lotter on DSK11XQN23PROD with RULES1
requirements of sections 3(a) and 3(b)(2)
of the Order.
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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17:07 Dec 15, 2022
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76929
For the reasons set forth in the
preamble, the Commission amends 25
CFR part 585 as follows:
PART 585—APPEALS TO THE
COMMISSION
1. The authority citation for part 585
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2711,
2712, 2713, 2715, 2717.
■
2. Revise § 585.4(a) to read as follows:
§ 585.4
Are motions permitted?
(a) Only motions for extension of time
under § 580.4(f) of this subchapter,
motions to supplement the record under
§ 581.5 of this subchapter, motions to
intervene under § 585.5, and motions for
reconsideration under § 581.6 of this
subchapter, are permitted.
*
*
*
*
*
■
3. Add § 585.8 to read as follows:
§ 585.8 What is the process for pursuing
settlement in an appeal to the Commission?
(a) General. At any time after the
commencement of a proceeding, but
before the date scheduled for the
Commission to issue a final decision
under § 585.7, the parties may jointly
move to stay the proceeding for a
reasonable time to permit negotiation of
a settlement or an agreement disposing
of the whole or any part of the
proceeding.
(b) Content. Any agreement disposing
of the whole or any part of a proceeding
shall also provide:
(1) A waiver of any further
proceedings before the Commission
regarding the specific matter(s) settled
under the agreement; and
(2) That the agreement shall constitute
dismissal of the appeal of the specific
matter(s) settled, a final order of the
Commission, and final agency action.
(c) Submission. Before the expiration
of the time granted for negotiations, the
parties or their authorized
representatives may:
(1) Notify the Commission that the
parties have reached a full or partial
settlement and have agreed to dismissal
of all or part of the action, subject to
compliance with the terms of the
settlement agreement; or
(2) Inform the Commission that an
agreement cannot be reached.
(d) Disposition. If the parties enter
into a full or partial settlement
agreement, it shall constitute: full or
partial dismissal of the appeal, as
E:\FR\FM\16DER1.SGM
16DER1
76930
Federal Register / Vol. 87, No. 241 / Friday, December 16, 2022 / Rules and Regulations
OFFICE OF FOREIGN ASSETS CONTROL
applicable; a final order of the
Commission; and final agency action.
Russian Harmful Foreign Activities
Sanctions Regulations 31 CFR Part 587
Edward Simermeyer,
Chairman.
Jean Hovland,
Vice Chair.
GENERAL LICENSE NO. 13C
[FR Doc. 2022–27034 Filed 12–15–22; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 587
Publication of Russian Harmful
Foreign Activities Sanctions
Regulations Web General License 13C
Office of Foreign Assets
Control, Treasury.
AGENCY:
ACTION:
Publication of web general
license.
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing one
general license (GL) issued pursuant to
the Russian Harmful Foreign Activities
Sanctions Regulations: GL 13C, which
was previously made available on
OFAC’s website.
SUMMARY:
GL 13C was issued on November
21, 2022. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
DATES:
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
Authorizing Certain Administrative
Transactions Prohibited by Directive 4
Under Executive Order 14024
(a) Except as provided in paragraph (b) of
this general license, U.S. persons, or entities
owned or controlled, directly or indirectly,
by a U.S. person, are authorized to pay taxes,
fees, or import duties, and purchase or
receive permits, licenses, registrations, or
certifications, to the extent such transactions
are prohibited by Directive 4 under Executive
Order 14024, Prohibitions Related to
Transactions Involving the Central Bank of
the Russian Federation, the National Wealth
Fund of the Russian Federation, and the
Ministry of Finance of the Russian
Federation, provided such transactions are
ordinarily incident and necessary to the dayto-day operations in the Russian Federation
of such U.S. persons or entities, through
12:01 a.m. eastern standard time, March 7,
2023.
(b) This general license does not authorize:
(1) Any debit to an account on the books
of a U.S. financial institution of the Central
Bank of the Russian Federation, the National
Wealth Fund of the Russian Federation, or
the Ministry of Finance of the Russian
Federation; or
(2) Any transactions otherwise prohibited
by the Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587
(RuHSR), including transactions involving
any person blocked pursuant to the RuHSR,
unless separately authorized.
(c) Effective November 21, 2022, General
License No. 13B, dated September 8, 2022, is
replaced and superseded in its entirety by
this General License No. 13C.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: November 21, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022–27238 Filed 12–15–22; 8:45 am]
BILLING CODE P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE TREASURY
Electronic Availability
Office of Foreign Assets Control
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
31 CFR Part 587
Publication of Russian Harmful
Foreign Activities Sanctions
Regulations Web General License 54
lotter on DSK11XQN23PROD with RULES1
Background
On November 21, 2022, OFAC issued
GL 13C to authorize certain transactions
otherwise prohibited by the Russian
Harmful Foreign Activities Sanctions
Regulations, 31 CFR part 587. GL 13C
was made available on OFAC’s website
(www.treas.gov/ofac) when it was
issued. The text of GL 13C is provided
below.
VerDate Sep<11>2014
17:07 Dec 15, 2022
Jkt 259001
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of a web general
license.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing one
general license (GL) issued pursuant to
SUMMARY:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
the Russian Harmful Foreign Activities
Sanctions Regulations: GL 54, which
was previously made available on
OFAC’s website.
GL 54 was issued on November
18, 2022. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
DATES:
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
Background
On November 18, 2022, OFAC issued
GL 54 to authorize certain transactions
otherwise prohibited by the Russian
Harmful Foreign Activities Sanctions
Regulations, 31 CFR part 587. At the
time of issuance, OFAC made GL 54
available on its website (www.treas.gov/
ofac). The text of this GL is provided
below.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations 31 CFR Part 587
GENERAL LICENSE NO. 54
Authorizing Certain Transactions Involving
VEON Ltd. Prohibited by Executive Order
14071
(a) Except as provided in paragraph (b) of
this general license, all transactions
ordinarily incident and necessary to the
purchase or receipt of any debt or equity
securities of VEON Ltd. that are prohibited
by section 1(a)(i) of Executive Order (E.O.)
14071 are authorized, provided that the debt
or equity securities were issued prior to June
6, 2022.
Note to paragraph (a). Except as provided
in paragraph (b) of this general license, all
transactions ordinarily incident and
necessary to facilitating, clearing, and settling
of transactions authorized by paragraph (a) of
this general license that are prohibited by
section 1(a)(i) of E.O. 14071 are authorized.
(b) This general license does not authorize
any transactions otherwise prohibited by the
Russian Harmful Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any person
blocked pursuant to the RuHSR, unless
separately authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
E:\FR\FM\16DER1.SGM
16DER1
]]>Agencies
[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Rules and Regulations]
[Pages 76928-76930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27034]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 585
RIN 3141-AA75
Appeals to the Commission
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Indian Gaming Commission (NIGC or Commission)
amends its regulations regarding appeal before the Commission to
include a settlement procedure and to limit the motions that may be
filed during an appeal before the Commission.
DATES: Effective January 17, 2023.
FOR FURTHER INFORMATION CONTACT: Michael Hoenig, 1849 C Street NW, Mail
Stop #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 established the National Indian Gaming Commission (``NIGC'' or
``Commission'') and set out a comprehensive framework for the
regulation of gaming on Indian lands. IGRA, in several instances,
requires that the Commission provide an opportunity for a hearing on
proposed fines, temporary closure orders, and removals of a certificate
of self-regulation. Also through regulatory action, the Commission has
afforded appeals for notices of violations, modified and voided
management contracts, and notices of late fees and late fee
assessments. As to all these areas, part 585 of NIGC regulations offers
appeals to the Commission on written submissions.
The Commission comprehensively updated the appeals regulations in
2012, consolidating them in one subchapter. (77 FR 58941-01). This rule
augments the appeals regulations by inserting a comprehensive
settlement procedure for appeals under part 585, rectifying its absence
in the current regulations, and limits the motions permitted during an
appeal.
II. Development of the Rule
On June 9, 2021, the National Indian Gaming Commission sent a
Notice of Consultation announcing that the Agency intended to consult
on a number of topics, including proposed changes to the appeals
regulations in part 585. Prior to consultation, the Commission sent
another Notice of Consultation, dated September 13, 2021, and released
a proposed discussion draft of the regulations for review. The proposed
amendments to these regulations were intended to solicit Tribes' views
on: (1) the Commission inviting, directing or granting leave to the
Chair to file or respond to motions and (2) supplying a settlement
procedure for appeals to the Commission on written submissions. The
Commission held three virtual consultation sessions in September and
[[Page 76929]]
October of 2021 to receive tribal input on the possible changes. The
Commission reviewed all comments received as part of the consultation
process.
Upon reviewing the comments received during the consultation
period, the Commission published a notice of proposed rulemaking
(``NPRM'') on August 10, 2022. 87 FR 48615. The NPRM invited interested
parties to participate in the rulemaking process by submitting comments
and any supporting data to the NIGC by September 9, 2022.
III. Review of Public Comments
The Commission received no comments to the proposed rule.
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.
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.
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.
Pursuant to this policy, on June 9, 2021, the National Indian
Gaming Commission sent a Notice of Consultation announcing that the
Agency intended to consult on a number of topics, including proposed
changes to the written submissions appeal process. Specifically, the
Commission sought consultation on whether it should invite, direct, or
grant leave to the Chair to file or respond to motions or add a
comprehensive settlement procedure. On July 27, 2021, and July 28,
2021, the Commission held two virtual consultations on the proposed
changes.
List of Subjects in 25 CFR Part 585
Administrative practice and procedure, Gambling, Indians--lands,
Penalties.
For the reasons set forth in the preamble, the Commission amends 25
CFR part 585 as follows:
PART 585--APPEALS TO THE COMMISSION
0
1. The authority citation for part 585 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.
0
2. Revise Sec. 585.4(a) to read as follows:
Sec. 585.4 Are motions permitted?
(a) Only motions for extension of time under Sec. 580.4(f) of this
subchapter, motions to supplement the record under Sec. 581.5 of this
subchapter, motions to intervene under Sec. 585.5, and motions for
reconsideration under Sec. 581.6 of this subchapter, are permitted.
* * * * *
0
3. Add Sec. 585.8 to read as follows:
Sec. 585.8 What is the process for pursuing settlement in an appeal
to the Commission?
(a) General. At any time after the commencement of a proceeding,
but before the date scheduled for the Commission to issue a final
decision under Sec. 585.7, the parties may jointly move to stay the
proceeding for a reasonable time to permit negotiation of a settlement
or an agreement disposing of the whole or any part of the proceeding.
(b) Content. Any agreement disposing of the whole or any part of a
proceeding shall also provide:
(1) A waiver of any further proceedings before the Commission
regarding the specific matter(s) settled under the agreement; and
(2) That the agreement shall constitute dismissal of the appeal of
the specific matter(s) settled, a final order of the Commission, and
final agency action.
(c) Submission. Before the expiration of the time granted for
negotiations, the parties or their authorized representatives may:
(1) Notify the Commission that the parties have reached a full or
partial settlement and have agreed to dismissal of all or part of the
action, subject to compliance with the terms of the settlement
agreement; or
(2) Inform the Commission that an agreement cannot be reached.
(d) Disposition. If the parties enter into a full or partial
settlement agreement, it shall constitute: full or partial dismissal of
the appeal, as
[[Page 76930]]
applicable; a final order of the Commission; and final agency action.
Edward Simermeyer,
Chairman.
Jean Hovland,
Vice Chair.
[FR Doc. 2022-27034 Filed 12-15-22; 8:45 am]
BILLING CODE 7565-01-P
