Definitions; Background Investigation for Primary Management Officials and Key Employees; Gaming Licenses for Primary Management Officials and Key Employees, 22962-22966 [2023-06765]
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
piperidinamine; 4–AP), its amides, its
carbamates, its halides, its salts, and any
combination thereof, whenever the
existence of such is possible
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■ 4. In § 1310.09, revise paragraph (p) to
read as follows:
§ 1310.09 Temporary exemption from
registration.
*
*
*
*
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(p)(1) Each person required under 21
U.S.C. 822 and 21 U.S.C. 957 to obtain
a registration to manufacture, distribute,
import, or export regulated Nphenylpiperidin-4-amine (4anilinopiperidine; N-phenyl-4piperidinamine; 4–AP), its amides, its
carbamates, its halides, its salts, and any
combination thereof, whenever the
existence of such is possible, including
regulated chemical mixtures pursuant to
§ 1310.12, is temporarily exempted from
the registration requirement, provided
that DEA receives a properly completed
application for registration or
application for exemption for a
chemical mixture containing halides of
4-anilinopiperidine pursuant to
§ 1310.13 on or before 30 days after the
publication of a rule finalizing this
action. The exemption would remain in
effect for each person who has made
such application until the
Administration has approved or denied
that application. This exemption applies
only to registration; all other chemical
control requirements set forth in the Act
and parts 1309, 1310, 1313, and 1316 of
this chapter remain in full force and
effect.
(2) Any person who manufactures,
distributes, imports, or exports a
chemical mixture containing Nphenylpiperidin-4-amine (4anilinopiperidine; N-phenyl-4piperidinamine; 4–AP), its amides, its
carbamates, its halides, its salts, and any
combination thereof, whenever the
existence of such is possible, whose
application for exemption is
subsequently denied by DEA must
obtain a registration with DEA. A
temporary exemption from the
registration requirement will also be
provided for those persons whose
application for exemption is denied,
provided that DEA receives a properly
completed application for registration
on or before 30 days following the date
of official DEA notification that the
application for exemption has been
denied. The temporary exemption for
such persons will remain in effect until
DEA takes final action on their
registration application.
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*
*
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■ 5. In § 1310.12, in the table in
paragraph (c), revise the entry for Nphenylpiperidin-4-amine to read as
follows:
§ 1310.12
*
Exempt chemical mixtures.
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(c) * * *
*
*
TABLE OF CONCENTRATION LIMITS
DEA chemical code number
Concentration
Special conditions
*
Not exempt at any concentration.
*
Chemical mixtures containing
any amount of 4anilinopiperidine are not exempt.
List I Chemicals
*
*
N-phenylpiperidin-4-amine (4-anilinopiperidine;
N-phenyl-4-piperidinamine; 4–AP), its amides, its carbamates, its halides, its salts,
and any combination thereof, whenever the
existence of such is possible.
*
*
*
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Scott Brinks,
Federal Register Liaison Officer, Drug
Enforcement Administration.
[FR Doc. 2023–07454 Filed 4–13–23; 8:45 am]
BILLING CODE 4410–09–P
17:22 Apr 13, 2023
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National Indian Gaming Commission
This document of the Drug
Enforcement Administration was signed
on April 3, 2023, by Administrator
Anne Milgram. That document with the
original signature and date is
maintained by DEA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DEA Federal
RegisterLiaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
DEA. This administrative process in no
way alters the legal effect of this
document upon publication in the
Federal Register.
VerDate Sep<11>2014
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DEPARTMENT OF THE INTERIOR
Signing Authority
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25 CFR Parts 502, 556, and 558
RIN 3141–AA32
Definitions; Background Investigation
for Primary Management Officials and
Key Employees; Gaming Licenses for
Primary Management Officials and Key
Employees
National Indian Gaming
Commission, Department of the Interior.
ACTION: Proposed rule.
AGENCY:
In 2022, the Commission
issued a proposed rule seeking to amend
the ‘‘primary management official’’ and
‘‘key employee’’ definitions; add
definitions for ‘‘Gaming Enterprise’’ and
‘‘Tribal Gaming Regulatory Authority’’
(TGRA); and establish modern retention
requirements for background
investigations and licensing
applications. The rule proposed vesting
SUMMARY:
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revocation hearing rights upon license
issuance as well as in accord with tribal
law, regulation or policy along with
augmenting revocation decision
notification and submission
requirements. This revised proposed
rule results from comments received. It
permits tribes to designate and
document other gaming enterprise
employees as key employees and other
employed gaming enterprise
management officials as primary
management officials, including TGRA
personnel. Now such designations may
occur by any documentary means.
Updates to the key employee definition
include custodians of gaming supplies
and gaming operation employees
authorized by the gaming operation for
unescorted access to secure gaming
areas, not vendors or other outside
parties. The primary management
official definition, however, now is
narrower with the removal of
individuals who have authority to
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
supervise key employees of the gaming
operation.
DATES: Written comments on this
proposed rule must be received on or
before May 30, 2023.
ADDRESSES: You may submit comments
by any one of the following methods,
however, please note that comments
sent by electronic mail are strongly
encouraged.
D Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
D Email comments to: information@
nigc.gov.
D Mail comments to: National Indian
Gaming Commission, 1849 C Street NW,
MS 1621, Washington, DC 20240.
D Fax comments to: National Indian
Gaming Commission at 202–632–0045.
FOR FURTHER INFORMATION CONTACT: JoAnn Shyloski by phone at (202) 632–
7003, by email Jo-Ann.Shyloski@
nigc.gov, or by fax (202) 632–7066 (these
numbers are not toll free).
SUPPLEMENTARY INFORMATION:
I. Background and Development of the
Rule
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A. 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 requires that tribal gaming
ordinances provide a system for:
background investigations of ‘‘primary
management officials and key
employees of the gaming enterprise;’’
tribal licenses for them; a suitability
standard to assess whether they pose a
threat to gaming and are not eligible for
employment; and notices of background
check results to the Commission before
the issuance of licenses.
The Commission first defined ‘‘key
employee’’ and ‘‘primary management
official’’ in April of 1992, early in its
existence. As mandated by IGRA,
applicants for key employee and
primary management official positions
are subject to a background
investigation as a condition of licensure.
In 2009, the Commission expanded
these definitions to permit tribes to
designate other persons as key
employees or primary management
officials (74 FR 36926). The FBI, U.S.
Department of Justice, took issue with
this expansion, denying the processing
of CHRI for the expanded positions’
background investigations. The initial
proposed rule and this revision rectify
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this issue in part 502. The revised
proposed rule now limits tribal
designations to ‘‘[a]ny other employee of
the gaming enterprise as documented by
the tribe as a key employee’’ and ‘‘[a]ny
other employed management official of
the gaming enterprise documented by
the tribe as a primary management
official.’’ Likewise constricted is the key
employee definition in part 502
regarding unescorted access to secured
gaming areas. Now, a key employee is
‘‘any gaming operation employee
authorized by the gaming operation for
unescorted access to secured gaming
areas . . . .’’ Similarly constrained is
the primary management official
definition, because individuals who
have authority ‘‘[t]o supervise key
employees of the gaming operation’’ are
no longer included. Lastly, the term
independent now describes the Tribal
Gaming Regulatory Authority (TGRA)
definition, aligning with NIGC guidance
about TGRAs.
Background investigation and
licensing regulations for key employees
and primary management officials were
initially issued by the Commission in
January 1993 (58 FR 5802–01) in parts
556 and 558, respectively. The
Commission updated these regulations
in 2013 to streamline the submission of
documents; to ensure that two
notifications are submitted to the
Commission in compliance with IGRA;
and to clarify the regulations regarding
the issuance of temporary and
permanent gaming licenses (78 FR
5276–01). As for parts 556 and 558, this
revised proposed rule reflects the same
changes as the initial proposed rule.
B. 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 key employee and
primary management definitions and
the backgrounding and licensing
regulations. Prior to consultation, the
Commission released proposed
discussion drafts of the regulations for
review. The proposed amendments to
these regulations were intended to:
address the FBI’s concerns regarding the
key employee and primary management
official definitions; include gaming
operation employees with unescorted
access to secured areas as key
employees; combine certain subsections
of the key employee definition; add
general managers and similar positions
to the primary management official
definition; and update licensing
application retention requirements. The
Commission held two virtual
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consultation sessions in July of 2021 to
receive tribal input on the possible
changes.
The Commission reviewed all
comments received as part of the
consultation process and addressed
them in the initial proposed rule, issued
on August 10, 2022. Once again, the
Commission has thoroughly reviewed
comments from the initial proposed rule
and responds to them here. First, a
commenter asserts that FBI’s concerns
about CHRI management have almost no
connection to the intent of IGRA and
should not be the bases for regulatory
changes to the key employee and
primary management official
definitions. The Commission disagrees.
The NIGC receives CHRI from the FBI
for the purpose of tribes’ backgrounding
key employees and primary
management officials. So, it is the FBI
who determines when it is and is not
appropriate to share CHRI for that
purpose. Given the FBI’s authority over
CHRI, NIGC consulted with FBI on
NIGC’s regulatory proposals and
considered its views.
Along the same lines, another
commenter believes the proposed
changes to the key employee and
primary management official definitions
may impair tribal compliance with the
Criminal Justice Information Systems
(CJIS) Security Policy, governing CHRI
use, storage, and destruction. That will
not be the case. The current NIGC-Tribal
CHRI Memorandum of Understanding
(MOU) explicitly accommodates and
applies to new regulatory definitions for
key employees and primary
management officials. Consequently,
when new key employee and primary
management official regulatory
definitions become effective, the current
CHRI MOU applies to them and remains
applicable to CJIS compliance, ensuring
its continuity.
Beyond the FBI and CJIS Security
policy comments, several commenters
recommended changes to the initial
proposed rule that the Commission
accepted. Notably, when tribes
designate gaming enterprise employees
as key employees or employed gaming
enterprise management officials as
primary management officials, they no
longer have to do so through their
gaming ordinances. Instead, tribes must
document the designations through
different means, such as gaming
commission regulations, which
presumably are easier to revise and
implement. In addition, the primary
management official definition no
longer includes individuals who have
authority ‘‘to supervise a key employee
of the gaming operation,’’ because, as
commenters noted, such a definition
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could encompass team leaders and dualrate employees who possess supervisory
duties but not managerial duties.
Commenters also advocated for
additions and changes to terminology in
the proposed rule. The Commission
added custodian of ‘‘gaming supplies’’
to the key employee definition, given
the importance of these supplies to the
integrity of gaming as well as mitigating
the risk of tampering by licensing the
employees who handle, access, or have
custody of them. The Commission
modified terms in the key employee
definition as well. Specifically, ‘‘any
person authorized by the gaming
operation for unescorted access to
restricted areas’’ now reads: ‘‘any
gaming operation employee authorized
by the gaming operation for unescorted
access to secured gaming areas . . . .’’
The Commission removed the term
person, as a broad interpretation of it
could include vendors. Further,
changing the term restricted to secured
not only reflects comments received but
also aligns with NIGC’s minimum
internal control standards, where
secured is utilized in reference to the
cage, count room, surveillance room and
vault as well as in numerous MICS
regulations referencing secure area,
secure location and secure access.
Lastly, the Commission added the term
independent to the Tribal Gaming
Regulatory Authority (TGRA) definition,
as recommended by a commenter and in
accord with NIGC guidance. Further,
TGRAs come within the Gaming
Enterprise definition—as entities
through which tribes regulate gaming
under IGRA on their Indian lands
within their jurisdiction. And if a tribe
so chooses, it may designate TGRA
personnel as key employees or primary
management officials by documenting
its designation. There are several
regulations in part 558 where
commenters recommend that the term
TGRA supplant the term Tribe. The term
Tribe encompasses TGRA; so the
Commission did not alter the wording.
In addition, several commenters view
the substantive submission requirement
associated with a key employee or
primary management official’s license
revocation as onerous and unnecessary.
Yet, the required submissions—a copy
of the license revocation decision and a
summary of the evidence supporting
it—allow the NIGC to potentially object
when previously revoked licensees
apply for a new license. Tribal
revocations are not contained in other
background checks, including FBI CHRI.
Ultimately, these submissions further
protect and enhance the integrity of
Indian gaming.
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Lastly, commenters challenged the
Commission’s authority to define
‘‘Gaming Enterprise’’ and incorporate it
into NIGC regulations. The IGRA
mandates tribal gaming ordinances
possesses ‘‘an adequate system which
. . . ensures that background
investigations are conducted on the
primary management officials and key
employees of the gaming enterprise.’’
Given this plain statutory language,
defining the term ‘‘gaming enterprise’’ is
appropriate and within NIGC’s
authority.
II. 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 proposed 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
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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
1. Overview
The Paperwork Reduction Act (PRA),
44 U.S.C. 3501, et seq., provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a ‘‘collection of information,’’ unless it
displays a currently valid OMB control
number. Collections of information
include any request or requirement that
persons obtain, maintain, retain, or
report information to an agency, or
disclose information to a third party or
to the public (44 U.S.C. 3502(3) and 5
CFR 1320.3(c)). This proposed rule
contains new information collection
requirements at 25 CFR 558.3(e) that are
subject to review by OMB under the
PRA and, accordingly, have been
submitted to OMB for review under the
PRA, Section 3507(d). OMB previously
reviewed and approved information
collection relating to 25 CFR 558.3 and
assigned OMB control number 3141–
0003 (expires 6/30/2023).
Described below are the proposed
rule’s information collection activities
along with estimates of their annual
burdens. These activities, along with
annual burden estimates, do not include
activities that are usual and customary
industry practices. The burden
estimates comprise the time necessary
for Tribes to forward to the NIGC copies
of their license revocation decisions and
evidence summaries supporting such
revocations, unless they already submit
such to the NIGC in the usual course of
their business. The burden also may
include the time necessary for Tribes to
summarize the evidence they relied
upon for each revocation decision, if
such summary does not already exist for
tribal purposes and/or the Tribe does
not send it to the NIGC as a customary
business practice.
The Commission requests comment
on all aspects of this information
collection, including:
a. Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
b. The accuracy of the estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
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d. How the agency might minimize
the burden of the collection of
information on those required to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
2. Summary of Proposed Information
Collection Requirements and Burden
Estimates
Title of Collection: Class II and Class
III/Background Investigation Tribal
Licenses.
OMB Control Number: 3141–0003.
Form Number: None.
Type of Review: New rule with added
collection burden.
Respondents/Affected Public: Tribal
gaming operations of Indian Tribes that
conduct Class II and/or Class III gaming
under the Indian Gaming Regulatory
Act.
Respondent’s Obligation: Mandatory.
Frequency of Collection: On occasion.
The new rule proposed under 25 CFR
558.3(e) will create the following
estimated burdens:
Total Estimated Number of Annual
Responses: 100
Estimated Completion Time per
Response: 1 hour.
Total Estimated Number of Annual
Burden Hours: 100 hours.
Total Estimated Annual Non-Hour
Burden Cost: None.
3. Written Comments or Additional
Information
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Written comments and suggestions on
the information collection requirements
should be submitted by May 30, 2023.
Submit comments directly to OMB’s
Office of Information and Regulatory
Affairs, Attn: Policy Analyst/Desk
Officer for the National Indian Gaming
Commission. Comments also may be
emailed to OIRA_Submission@
omb.eop.gov, by including reference to
‘‘NIGC PRA Renewals’’ in the subject
line.
To request additional information
about this ICR, contact Tim Osumi,
Privacy & Records Information Manager,
NIGC Information Management Program
by email at tim.osumi@nigc.gov or by
telephone at (202) 264–0676.
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
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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 key employee and
primary management official regulatory
definitions as well as the background
and licensing regulations. Consultations
were held on July 27 and 28, 2021. A
proposed rule was issued on August 10,
2022.
List of Subjects in 25 CFR Parts 502,
556, 558
Gambling, Indian lands.
Therefore, for reasons stated in the
preamble, 25 CFR parts 502, 556, and
558 are proposed to be amended as
follows:
PART 502—DEFINITIONS OF THIS
CHAPTER
1. The authority citation for part 502
continues to read as follows:
■
Authority: 25 U.S.C. 2701 et seq.
■
2. Revise § 502.14 to read as follows:
§ 502.14
Key employee.
Key employee means:
(a) Any person who performs one or
more of the following functions for the
gaming operation:
(1) Bingo caller;
(2) Counting room supervisor;
(3) Chief of security;
(4) Floor manager;
(5) Pit boss;
(6) Dealer;
(7) Croupier;
(8) Approver of credit;
(9) Custodian of gaming systems as
defined in 25 CFR 547.2 and similar
class III systems, gaming cash or gaming
cash equivalents, gaming supplies or
gaming system records;
(10) Custodian of surveillance systems
or surveillance system records.
(b) Any gaming operation employee
authorized by the gaming operation for
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unescorted access to secured gaming
areas designated as secured gaming
areas by the TGRA;
(c) If not otherwise licensed as a key
employee or primary management
official, the four persons most highly
compensated by the gaming operation;
(d) Any other employee of the gaming
enterprise as documented by the tribe as
a key employee.
■ 3. Revise § 502.19 to read as follows:
§ 502.19
Primary management official.
Primary management official means:
(a) Any person having management
responsibility for a management
contract;
(b) Any person who has authority:
(1) To hire and fire employees of the
gaming operation; or
(2) To establish policy for the gaming
operation.
(c) The chief financial officer or a
position with duties similar to a chief
financial officer.
(d) The general manager or a position
with duties similar to a general
manager.
(e) Any other employed management
official of the gaming enterprise as
documented by the tribe as a primary
management official.
■ 4. Add §§ 502.25 and 502.26 to read
as follows:
§ 502.25
Gaming Enterprise.
Gaming Enterprise means the entities
through which tribe conducts, regulates,
and secures gaming on Indian lands
within such tribe’s jurisdiction pursuant
to the Indian Gaming Regulatory Act.
§ 502.26 Tribal Gaming Regulatory
Authority (TGRA).
Tribal Gaming Regulatory Authority
(TGRA) means the independent
governmental entity authorized by tribal
law to regulate gaming conducted
pursuant to the Indian Gaming
Regulatory Act.
PART 556—BACKGROUND
INVESTIGATIONS FOR PRIMARY
MANAGEMENT OFFICIALS AND KEY
EMPLOYEES
5. The authority citation for part 556
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2712.
6. Amend § 556.4 by revising the
introductory text to read as follows:
■
§ 556.4
Background investigations.
A tribe shall perform a background
investigation for each primary
management official and for each key
employee of the gaming enterprise.
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■ 7. Amend § 556.6 by revising
paragraph (a) to read as follows:
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Report to the Commission.
(a) When a tribe licenses a primary
management official or a key employee,
the tribe shall maintain the information
listed under § 556.4(a)(1) through (14).
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■ 8. Revise § 556.8 to read as follows:
§ 556.8
Compliance with this part.
All tribal gaming ordinances and
ordinance amendments approved by the
Chair prior to [effective date of final
rule] do not need to be amended to
comply with this part. All future
ordinance submissions, however, must
comply.
PART 558—GAMING LICENSES FOR
KEY EMPLOYEES AND PRIMARY
MANAGEMENT OFFICIALS
9. The authority citation for part 558
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2712.
■
10. Revise § 558.3 to read as follows:
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§ 558.3 Notification to NIGC of license
decisions and retention obligations.
(a) After a tribe has provided a notice
of results of the background check to the
Commission, a tribe may license a
primary management official or key
employee.
(b) Within 30 days after the issuance
of the license, a tribe shall notify the
Commission of its issuance.
(c) A key employee or primary
management official who does not have
a license after ninety (90) days shall not
be permitted to perform the duties,
functions, and/or responsibilities of a
key employee or primary management
official until so licensed.
(d) If a tribe does not license an
applicant—
(1) The tribe shall notify the
Commission; and
(2) Shall forward copies of its
eligibility determination and notice of
results, under § 556.6(b)(2) of this
chapter, to the Commission for
inclusion in the Indian Gaming
Individuals Record System.
(e) If a tribe revokes a key employee
or primary management official’s
license—
(1) The tribe shall notify the
Commission; and
(2) Shall forward copies of its license
revocation decision and a summary of
the evidence it relied upon to the
Commission for inclusion in the Indian
Gaming Individuals Record System.
(f) A tribe shall retain the following
for inspection by the Chair or their
designee for no less than three years
from the date of termination of
employment:
(1) The information listed under
§ 556.4(a)(1) through (14);
VerDate Sep<11>2014
17:22 Apr 13, 2023
Jkt 259001
(2) Investigative reports, as defined in
§ 556.6(b);
(3) Eligibility determinations, as
defined in § 556.5;
(4) Privacy Act notice, as defined in
§ 556.2; and
(5) False Statement notice, as defined
in § 556.3.
■ 11. Revise § 558.4 to read as follows:
§ 558.4 Notice of information impacting
eligibility and licensee’s right to a hearing.
(a) If, after the issuance of a gaming
license pursuant to § 558.3 of this
chapter, the Commission receives
reliable information indicating that a
key employee or a primary management
official is not eligible for a license under
§ 556.5 of this chapter, the Commission
shall notify the issuing tribe of the
information.
(b) Upon receipt of such notification
under paragraph (a) of this section, a
tribe shall immediately suspend the
license and shall provide the licensee
with written notice of suspension and
proposed revocation.
(c) A tribe shall notify the licensee of
a time and a place for a hearing on the
proposed revocation of a license.
(d) The right to a revocation hearing
shall vest upon receipt of a license or at
such earlier time as is determined by
tribal law, regulation, and/or policy.
(e) After a revocation hearing, a tribe
shall decide to revoke or to reinstate a
gaming license. A tribe shall notify the
Commission of its decision within 45
days of receiving notification from the
Commission pursuant to paragraph (a)
of this section.
■ 12. Revise § 558.6 to read as follows:
§ 558.6
Compliance with this part.
All tribal gaming ordinances and
ordinance amendments that have been
approved by the Chair prior to [effective
date of final rule], and that reference
this part do not need to be amended to
comply with this section. All future
ordinance submissions, however, must
comply.
Dated: March 27, 2023.
Edward Simermeyer,
Chairman.
Jean Hovland,
Vice Chair.
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0038]
RIN 1625–AA09
Drawbridge Operation Regulation;
Drawbridge Operation Regulation; Erie
Canal, Part of the New York State
Canal System, in Brockport, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
temporarily change the operating
schedule that governs the E–182 Main
Street Bridge, mile 278.93, over the Erie
Canal, in Brockport, NY to allow
contractors to rehabilitate the bridge.
The roadway has been closed since last
fall and vehicles are unable to cross the
bridge until repairs are completed. New
York Department of Transportation has
made this request to temporarily modify
the bridge operations to allow for the
required maintenance. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
May 1, 2023.
The Coast Guard anticipates that this
proposed rule will go final and be
effective from midnight on May 31,
2023, through midnight on October 25,
2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0038 using Federal DecisionMaking Portal at https://
www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or email: Mr. Lee D. Soule,
Bridge Management Specialist, Ninth
Coast Guard District; telephone 216–
902–6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
[FR Doc. 2023–06765 Filed 4–13–23; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NYDOT New York Department of
Transportation
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
E:\FR\FM\14APP1.SGM
14APP1
]]>Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22962-22966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06765]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Parts 502, 556, and 558
RIN 3141-AA32
Definitions; Background Investigation for Primary Management
Officials and Key Employees; Gaming Licenses for Primary Management
Officials and Key Employees
AGENCY: National Indian Gaming Commission, Department of the Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In 2022, the Commission issued a proposed rule seeking to
amend the ``primary management official'' and ``key employee''
definitions; add definitions for ``Gaming Enterprise'' and ``Tribal
Gaming Regulatory Authority'' (TGRA); and establish modern retention
requirements for background investigations and licensing applications.
The rule proposed vesting revocation hearing rights upon license
issuance as well as in accord with tribal law, regulation or policy
along with augmenting revocation decision notification and submission
requirements. This revised proposed rule results from comments
received. It permits tribes to designate and document other gaming
enterprise employees as key employees and other employed gaming
enterprise management officials as primary management officials,
including TGRA personnel. Now such designations may occur by any
documentary means. Updates to the key employee definition include
custodians of gaming supplies and gaming operation employees authorized
by the gaming operation for unescorted access to secure gaming areas,
not vendors or other outside parties. The primary management official
definition, however, now is narrower with the removal of individuals
who have authority to
[[Page 22963]]
supervise key employees of the gaming operation.
DATES: Written comments on this proposed rule must be received on or
before May 30, 2023.
ADDRESSES: You may submit comments by any one of the following methods,
however, please note that comments sent by electronic mail are strongly
encouraged.
[ssquf] Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
[ssquf] Email comments to: [email protected].
[ssquf] Mail comments to: National Indian Gaming Commission, 1849 C
Street NW, MS 1621, Washington, DC 20240.
[ssquf] Fax comments to: National Indian Gaming Commission at 202-
632-0045.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Shyloski by phone at (202) 632-
7003, by email [email protected], or by fax (202) 632-7066
(these numbers are not toll free).
SUPPLEMENTARY INFORMATION:
I. Background and Development of the Rule
A. 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 requires that tribal gaming
ordinances provide a system for: background investigations of ``primary
management officials and key employees of the gaming enterprise;''
tribal licenses for them; a suitability standard to assess whether they
pose a threat to gaming and are not eligible for employment; and
notices of background check results to the Commission before the
issuance of licenses.
The Commission first defined ``key employee'' and ``primary
management official'' in April of 1992, early in its existence. As
mandated by IGRA, applicants for key employee and primary management
official positions are subject to a background investigation as a
condition of licensure. In 2009, the Commission expanded these
definitions to permit tribes to designate other persons as key
employees or primary management officials (74 FR 36926). The FBI, U.S.
Department of Justice, took issue with this expansion, denying the
processing of CHRI for the expanded positions' background
investigations. The initial proposed rule and this revision rectify
this issue in part 502. The revised proposed rule now limits tribal
designations to ``[a]ny other employee of the gaming enterprise as
documented by the tribe as a key employee'' and ``[a]ny other employed
management official of the gaming enterprise documented by the tribe as
a primary management official.'' Likewise constricted is the key
employee definition in part 502 regarding unescorted access to secured
gaming areas. Now, a key employee is ``any gaming operation employee
authorized by the gaming operation for unescorted access to secured
gaming areas . . . .'' Similarly constrained is the primary management
official definition, because individuals who have authority ``[t]o
supervise key employees of the gaming operation'' are no longer
included. Lastly, the term independent now describes the Tribal Gaming
Regulatory Authority (TGRA) definition, aligning with NIGC guidance
about TGRAs.
Background investigation and licensing regulations for key
employees and primary management officials were initially issued by the
Commission in January 1993 (58 FR 5802-01) in parts 556 and 558,
respectively. The Commission updated these regulations in 2013 to
streamline the submission of documents; to ensure that two
notifications are submitted to the Commission in compliance with IGRA;
and to clarify the regulations regarding the issuance of temporary and
permanent gaming licenses (78 FR 5276-01). As for parts 556 and 558,
this revised proposed rule reflects the same changes as the initial
proposed rule.
B. 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 key employee
and primary management definitions and the backgrounding and licensing
regulations. Prior to consultation, the Commission released proposed
discussion drafts of the regulations for review. The proposed
amendments to these regulations were intended to: address the FBI's
concerns regarding the key employee and primary management official
definitions; include gaming operation employees with unescorted access
to secured areas as key employees; combine certain subsections of the
key employee definition; add general managers and similar positions to
the primary management official definition; and update licensing
application retention requirements. The Commission held two virtual
consultation sessions in July of 2021 to receive tribal input on the
possible changes.
The Commission reviewed all comments received as part of the
consultation process and addressed them in the initial proposed rule,
issued on August 10, 2022. Once again, the Commission has thoroughly
reviewed comments from the initial proposed rule and responds to them
here. First, a commenter asserts that FBI's concerns about CHRI
management have almost no connection to the intent of IGRA and should
not be the bases for regulatory changes to the key employee and primary
management official definitions. The Commission disagrees. The NIGC
receives CHRI from the FBI for the purpose of tribes' backgrounding key
employees and primary management officials. So, it is the FBI who
determines when it is and is not appropriate to share CHRI for that
purpose. Given the FBI's authority over CHRI, NIGC consulted with FBI
on NIGC's regulatory proposals and considered its views.
Along the same lines, another commenter believes the proposed
changes to the key employee and primary management official definitions
may impair tribal compliance with the Criminal Justice Information
Systems (CJIS) Security Policy, governing CHRI use, storage, and
destruction. That will not be the case. The current NIGC-Tribal CHRI
Memorandum of Understanding (MOU) explicitly accommodates and applies
to new regulatory definitions for key employees and primary management
officials. Consequently, when new key employee and primary management
official regulatory definitions become effective, the current CHRI MOU
applies to them and remains applicable to CJIS compliance, ensuring its
continuity.
Beyond the FBI and CJIS Security policy comments, several
commenters recommended changes to the initial proposed rule that the
Commission accepted. Notably, when tribes designate gaming enterprise
employees as key employees or employed gaming enterprise management
officials as primary management officials, they no longer have to do so
through their gaming ordinances. Instead, tribes must document the
designations through different means, such as gaming commission
regulations, which presumably are easier to revise and implement. In
addition, the primary management official definition no longer includes
individuals who have authority ``to supervise a key employee of the
gaming operation,'' because, as commenters noted, such a definition
[[Page 22964]]
could encompass team leaders and dual-rate employees who possess
supervisory duties but not managerial duties.
Commenters also advocated for additions and changes to terminology
in the proposed rule. The Commission added custodian of ``gaming
supplies'' to the key employee definition, given the importance of
these supplies to the integrity of gaming as well as mitigating the
risk of tampering by licensing the employees who handle, access, or
have custody of them. The Commission modified terms in the key employee
definition as well. Specifically, ``any person authorized by the gaming
operation for unescorted access to restricted areas'' now reads: ``any
gaming operation employee authorized by the gaming operation for
unescorted access to secured gaming areas . . . .'' The Commission
removed the term person, as a broad interpretation of it could include
vendors. Further, changing the term restricted to secured not only
reflects comments received but also aligns with NIGC's minimum internal
control standards, where secured is utilized in reference to the cage,
count room, surveillance room and vault as well as in numerous MICS
regulations referencing secure area, secure location and secure access.
Lastly, the Commission added the term independent to the Tribal Gaming
Regulatory Authority (TGRA) definition, as recommended by a commenter
and in accord with NIGC guidance. Further, TGRAs come within the Gaming
Enterprise definition--as entities through which tribes regulate gaming
under IGRA on their Indian lands within their jurisdiction. And if a
tribe so chooses, it may designate TGRA personnel as key employees or
primary management officials by documenting its designation. There are
several regulations in part 558 where commenters recommend that the
term TGRA supplant the term Tribe. The term Tribe encompasses TGRA; so
the Commission did not alter the wording.
In addition, several commenters view the substantive submission
requirement associated with a key employee or primary management
official's license revocation as onerous and unnecessary. Yet, the
required submissions--a copy of the license revocation decision and a
summary of the evidence supporting it--allow the NIGC to potentially
object when previously revoked licensees apply for a new license.
Tribal revocations are not contained in other background checks,
including FBI CHRI. Ultimately, these submissions further protect and
enhance the integrity of Indian gaming.
Lastly, commenters challenged the Commission's authority to define
``Gaming Enterprise'' and incorporate it into NIGC regulations. The
IGRA mandates tribal gaming ordinances possesses ``an adequate system
which . . . ensures that background investigations are conducted on the
primary management officials and key employees of the gaming
enterprise.'' Given this plain statutory language, defining the term
``gaming enterprise'' is appropriate and within NIGC's authority.
II. 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 proposed 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
1. Overview
The Paperwork Reduction Act (PRA), 44 U.S.C. 3501, et seq.,
provides that an agency may not conduct or sponsor, and a person is not
required to respond to, a ``collection of information,'' unless it
displays a currently valid OMB control number. Collections of
information include any request or requirement that persons obtain,
maintain, retain, or report information to an agency, or disclose
information to a third party or to the public (44 U.S.C. 3502(3) and 5
CFR 1320.3(c)). This proposed rule contains new information collection
requirements at 25 CFR 558.3(e) that are subject to review by OMB under
the PRA and, accordingly, have been submitted to OMB for review under
the PRA, Section 3507(d). OMB previously reviewed and approved
information collection relating to 25 CFR 558.3 and assigned OMB
control number 3141-0003 (expires 6/30/2023).
Described below are the proposed rule's information collection
activities along with estimates of their annual burdens. These
activities, along with annual burden estimates, do not include
activities that are usual and customary industry practices. The burden
estimates comprise the time necessary for Tribes to forward to the NIGC
copies of their license revocation decisions and evidence summaries
supporting such revocations, unless they already submit such to the
NIGC in the usual course of their business. The burden also may include
the time necessary for Tribes to summarize the evidence they relied
upon for each revocation decision, if such summary does not already
exist for tribal purposes and/or the Tribe does not send it to the NIGC
as a customary business practice.
The Commission requests comment on all aspects of this information
collection, including:
a. Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
b. The accuracy of the estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
c. Ways to enhance the quality, utility, and clarity of the
information to be collected; and
[[Page 22965]]
d. How the agency might minimize the burden of the collection of
information on those required to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
2. Summary of Proposed Information Collection Requirements and Burden
Estimates
Title of Collection: Class II and Class III/Background
Investigation Tribal Licenses.
OMB Control Number: 3141-0003.
Form Number: None.
Type of Review: New rule with added collection burden.
Respondents/Affected Public: Tribal gaming operations of Indian
Tribes that conduct Class II and/or Class III gaming under the Indian
Gaming Regulatory Act.
Respondent's Obligation: Mandatory.
Frequency of Collection: On occasion.
The new rule proposed under 25 CFR 558.3(e) will create the
following estimated burdens:
Total Estimated Number of Annual Responses: 100
Estimated Completion Time per Response: 1 hour.
Total Estimated Number of Annual Burden Hours: 100 hours.
Total Estimated Annual Non-Hour Burden Cost: None.
3. Written Comments or Additional Information
Written comments and suggestions on the information collection
requirements should be submitted by May 30, 2023. Submit comments
directly to OMB's Office of Information and Regulatory Affairs, Attn:
Policy Analyst/Desk Officer for the National Indian Gaming Commission.
Comments also may be emailed to [email protected], by
including reference to ``NIGC PRA Renewals'' in the subject line.
To request additional information about this ICR, contact Tim
Osumi, Privacy & Records Information Manager, NIGC Information
Management Program by email at [email protected] or by telephone at
(202) 264-0676.
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 key employee and primary management official regulatory
definitions as well as the background and licensing regulations.
Consultations were held on July 27 and 28, 2021. A proposed rule was
issued on August 10, 2022.
List of Subjects in 25 CFR Parts 502, 556, 558
Gambling, Indian lands.
Therefore, for reasons stated in the preamble, 25 CFR parts 502,
556, and 558 are proposed to be amended as follows:
PART 502--DEFINITIONS OF THIS CHAPTER
0
1. The authority citation for part 502 continues to read as follows:
Authority: 25 U.S.C. 2701 et seq.
0
2. Revise Sec. 502.14 to read as follows:
Sec. 502.14 Key employee.
Key employee means:
(a) Any person who performs one or more of the following functions
for the gaming operation:
(1) Bingo caller;
(2) Counting room supervisor;
(3) Chief of security;
(4) Floor manager;
(5) Pit boss;
(6) Dealer;
(7) Croupier;
(8) Approver of credit;
(9) Custodian of gaming systems as defined in 25 CFR 547.2 and
similar class III systems, gaming cash or gaming cash equivalents,
gaming supplies or gaming system records;
(10) Custodian of surveillance systems or surveillance system
records.
(b) Any gaming operation employee authorized by the gaming
operation for unescorted access to secured gaming areas designated as
secured gaming areas by the TGRA;
(c) If not otherwise licensed as a key employee or primary
management official, the four persons most highly compensated by the
gaming operation;
(d) Any other employee of the gaming enterprise as documented by
the tribe as a key employee.
0
3. Revise Sec. 502.19 to read as follows:
Sec. 502.19 Primary management official.
Primary management official means:
(a) Any person having management responsibility for a management
contract;
(b) Any person who has authority:
(1) To hire and fire employees of the gaming operation; or
(2) To establish policy for the gaming operation.
(c) The chief financial officer or a position with duties similar
to a chief financial officer.
(d) The general manager or a position with duties similar to a
general manager.
(e) Any other employed management official of the gaming enterprise
as documented by the tribe as a primary management official.
0
4. Add Sec. Sec. 502.25 and 502.26 to read as follows:
Sec. 502.25 Gaming Enterprise.
Gaming Enterprise means the entities through which tribe conducts,
regulates, and secures gaming on Indian lands within such tribe's
jurisdiction pursuant to the Indian Gaming Regulatory Act.
Sec. 502.26 Tribal Gaming Regulatory Authority (TGRA).
Tribal Gaming Regulatory Authority (TGRA) means the independent
governmental entity authorized by tribal law to regulate gaming
conducted pursuant to the Indian Gaming Regulatory Act.
PART 556--BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT
OFFICIALS AND KEY EMPLOYEES
0
5. The authority citation for part 556 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2712.
0
6. Amend Sec. 556.4 by revising the introductory text to read as
follows:
Sec. 556.4 Background investigations.
A tribe shall perform a background investigation for each primary
management official and for each key employee of the gaming enterprise.
* * * * *
0
7. Amend Sec. 556.6 by revising paragraph (a) to read as follows:
[[Page 22966]]
Sec. 556.6 Report to the Commission.
(a) When a tribe licenses a primary management official or a key
employee, the tribe shall maintain the information listed under Sec.
556.4(a)(1) through (14).
* * * * *
0
8. Revise Sec. 556.8 to read as follows:
Sec. 556.8 Compliance with this part.
All tribal gaming ordinances and ordinance amendments approved by
the Chair prior to [effective date of final rule] do not need to be
amended to comply with this part. All future ordinance submissions,
however, must comply.
PART 558--GAMING LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT
OFFICIALS
0
9. The authority citation for part 558 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2712.
0
10. Revise Sec. 558.3 to read as follows:
Sec. 558.3 Notification to NIGC of license decisions and retention
obligations.
(a) After a tribe has provided a notice of results of the
background check to the Commission, a tribe may license a primary
management official or key employee.
(b) Within 30 days after the issuance of the license, a tribe shall
notify the Commission of its issuance.
(c) A key employee or primary management official who does not have
a license after ninety (90) days shall not be permitted to perform the
duties, functions, and/or responsibilities of a key employee or primary
management official until so licensed.
(d) If a tribe does not license an applicant--
(1) The tribe shall notify the Commission; and
(2) Shall forward copies of its eligibility determination and
notice of results, under Sec. 556.6(b)(2) of this chapter, to the
Commission for inclusion in the Indian Gaming Individuals Record
System.
(e) If a tribe revokes a key employee or primary management
official's license--
(1) The tribe shall notify the Commission; and
(2) Shall forward copies of its license revocation decision and a
summary of the evidence it relied upon to the Commission for inclusion
in the Indian Gaming Individuals Record System.
(f) A tribe shall retain the following for inspection by the Chair
or their designee for no less than three years from the date of
termination of employment:
(1) The information listed under Sec. 556.4(a)(1) through (14);
(2) Investigative reports, as defined in Sec. 556.6(b);
(3) Eligibility determinations, as defined in Sec. 556.5;
(4) Privacy Act notice, as defined in Sec. 556.2; and
(5) False Statement notice, as defined in Sec. 556.3.
0
11. Revise Sec. 558.4 to read as follows:
Sec. 558.4 Notice of information impacting eligibility and licensee's
right to a hearing.
(a) If, after the issuance of a gaming license pursuant to Sec.
558.3 of this chapter, the Commission receives reliable information
indicating that a key employee or a primary management official is not
eligible for a license under Sec. 556.5 of this chapter, the
Commission shall notify the issuing tribe of the information.
(b) Upon receipt of such notification under paragraph (a) of this
section, a tribe shall immediately suspend the license and shall
provide the licensee with written notice of suspension and proposed
revocation.
(c) A tribe shall notify the licensee of a time and a place for a
hearing on the proposed revocation of a license.
(d) The right to a revocation hearing shall vest upon receipt of a
license or at such earlier time as is determined by tribal law,
regulation, and/or policy.
(e) After a revocation hearing, a tribe shall decide to revoke or
to reinstate a gaming license. A tribe shall notify the Commission of
its decision within 45 days of receiving notification from the
Commission pursuant to paragraph (a) of this section.
0
12. Revise Sec. 558.6 to read as follows:
Sec. 558.6 Compliance with this part.
All tribal gaming ordinances and ordinance amendments that have
been approved by the Chair prior to [effective date of final rule], and
that reference this part do not need to be amended to comply with this
section. All future ordinance submissions, however, must comply.
Dated: March 27, 2023.
Edward Simermeyer,
Chairman.
Jean Hovland,
Vice Chair.
[FR Doc. 2023-06765 Filed 4-13-23; 8:45 am]
BILLING CODE 7565-01-P
