80 FR 31991 - Various National Indian Gaming Commission Regulations
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission Federal Register Volume 80, Issue 108 (June 5, 2015)
National Indian Gaming Commission
Federal Register Volume 80, Issue 108 (June 5, 2015)
| Page Range | 31991-31995 | |
| FR Document | 2015-13645 |
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)] [Rules and Regulations] [Pages 31991-31995] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13645] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Parts 502, 513, 514, 516, 522, 531, 533, 535, 556, 559, 571, 573, 575, and 580 RIN 3141-AA50, 3141-AA25, 3141-AA40, 3141-AA20, 3141-AA23, 3141-AA46, 3141-AA58, 3141-AA13, 3141-AA63, 3141-AA48, 3141-AA49, 3141-AA50, 3141- AA08, 3141-AA47 Various National Indian Gaming Commission Regulations AGENCY: National Indian Gaming Commission, Interior. ACTION: Correcting amendments. ----------------------------------------------------------------------- SUMMARY: The National Indian Gaming Commission (NIGC or Commission) makes corrections to various regulations previously issued. The Commission recently moved its headquarters resulting in the need to update the Commission's mailing address. Additionally, the current regulations contain outdated references to previous regulations that no longer exist. The amendments also correct various minor grammatical errors. DATES: Effective June 22, 2015. FOR FURTHER INFORMATION CONTACT: NIGC Attn: Maria Getoff, Senior Attorney, C/O Department of the Interior, 1849 C Street NW., Mail Stop #1621, Washington, DC 20240, or by telephone at 202-632-7003. SUPPLEMENTARY INFORMATION: I. Background The Indian Gaming Regulatory Act (IGRA or the Act), Public Law 100- 497, 25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The Act established the Commission and set out a comprehensive framework for the regulation of gaming on Indian lands. The purposes of the Act include: Providing a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments; ensuring that the Indian tribe is the primary beneficiary of the gaming operation; and declaring that the establishment of independent federal regulatory authority for gaming on Indian lands, the establishment of federal standards for gaming on Indian lands, and the establishment of a National Indian Gaming Commission are necessary to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue. 25 U.S.C. 2702. II. Previous Rulemaking Activity On August 9, 2012, the Commission published a final rule amending 25 CFR part 573 (Compliance and Enforcement) to include a graduated pre-enforcement process through which a tribe may come into voluntary compliance. 77 FR 47517, Aug. 9, 2012. This document updates references in 25 CFR part 514 that are no longer accurate due to those amendments. On September 25, 2012, the Commission published a final rule consolidating all appeal proceedings before the Commission into a (then) new subchapter H (Appeal Proceedings Before the Commission), thereby removing former parts 524, 539, and 577. 77 FR 58941, Sept. 25, 2012. This document updates 25 CFR parts 513, 514, 522, 533, 535, 571, 573, and 575 to remove references to those parts no longer in existence. On January 25, 2013, the Commission published a final rule amending 25 CFR [[Page 31992]] parts 556 and 558 (Background investigations and Gaming Licenses for Key Employees and Primary Management Officials) to streamline certain submissions to the Commission and to ensure that certain tribal notifications comply with the Act. 78 FR 5276, Jan 25. 2013. This document updates 25 CFR part 573 to reflect the amendments to those parts. In June of 2014, the Commission relocated its headquarters. This document updates the mailing address contained within 25 CFR parts 514 and 516. The Commission also identified minor grammatical errors in certain other regulations and now corrects those errors. III. Corrections 25 CFR Part 502--Definitions of This Chapter This document revises the definition of ``Chairman'' in 25 CFR 502.1 to include the word ``Chair.'' This reflects the gender-neutral term that occurs elsewhere in the Commission's regulations. No substantive change is intended with this correction. 25 CFR Part 513--Debt Collection This document revises 25 CFR 513.4(b) and 513.32(a) to remove references to the appeal procedures formerly found at 25 CFR part 577 (which no longer exists). It now references the appeal procedure at 25 CFR parts 580-585. This document also corrects a grammatical error in Sec. 513.32(a): In the third sentence, the first ``matters'' is corrected to the singular ``matter,'' while the second ``matters'' remains plural. 25 CFR Part 514--Fees This document revises 25 CFR 514.8 and 514.17(c) to reflect the Commission's new mailing address. This document also amends 25 CFR 514.10 to revise paragraphs (a) and (b) to correct a reference from ``25 CFR 573.6(a)(2)'' to ``25 CFR 573.4(a)(2).'' 25 CFR Part 516--Testimony of Current and Former Commissioners and NIGC Employees; Response to Subpoenas The document revises 25 CFR 516.4(b) to reflect the Commission's new mailing address. 25 CFR Part 522--Submission of Gaming Ordinance or Resolution This document revises 25 CFR 522.5 and 522.7(a), (b) to remove references to 25 CFR part 524 (which no longer exists) and replaces them with references to 25 CFR part 582. This document also revises 25 CFR 522.10(c) and (f) to make minor grammatical changes. In paragraph (c), ``Tribe'' is changed to ``tribe''; in paragraph (f), a comma is placed after ``limits.'' 25 CFR Part 531--Content of Management Contracts This document amends 25 CFR 531.1 to revise paragraphs (b)(4), (b)(6), and (b)(16) by making minor grammatical changes and by clarifying certain requirements. In paragraph (b)(4), a comma is placed after ``training''; in paragraph (b)(6), the word ``gaming'' is added before ``operation's''; and in paragraph (b)(16), the phrase ``National Indian Gaming Commission'' is replaced with the word ``Commission.'' No substantive change is intended by these corrections. 25 CFR Part 533--Approval of Management Contracts This document revises 25 CFR 533.2 to remove a reference to 25 CFR part 539 (which no longer exists) and replaces it with a reference to 25 CFR part 583. The document also amends 25 CFR 533.3, revising paragraphs (a)(1) and (a)(2) to make minor grammatical changes. In paragraph (a)(1), the word ``and'' is added to the end of the sentence; and in paragraph (a)(2), the word ``and'' is removed and replaced with a period. The document also revises 25 CFR 533.6(b)(3) to make a minor grammatical change, replacing ``this'' with ``the.'' 25 CFR Part 535--Post-Approval Procedures This document revises 25 CFR 535.1(d)(2) to make a minor grammatical change. In paragraph (d)(2), a semicolon at the end of the paragraph is replaced with a period. This document also revises 25 CFR 535.1(d)(3) by removing references to ``part 539'' (which no longer exists) and replacing it with references to ``part 583.'' This document also revises 25 CFR 535.3 to remove a reference to ``part 577'' and to replace it with a reference to ``parts 584 or 585.'' A minor grammatical change is also made to the second sentence of Sec. 535.3, replacing the word ``void'' with ``voiding.'' No substantive change is intended by this correction. 25 CFR Part 556--Background Investigations of Primary Management Officials and Key Employees This document revises 25 CFR 556.2(a) to make a minor grammatical change by adding a comma after the word ``criminal.'' This document also revises 25 CFR 556.5(a)(3) by adding a comma after the word ``habits.'' Finally, this document revises 25 CFR 556.8 by removing the word ``the'' before ``February'' and adding a comma after ``2013.'' 25 CFR Part 559--Facility License Notification and Submissions This document revises 25 CFR 559.1(a) by changing ``obtain'' to ``obtains.'' This document also revises 25 CFR 559.4 by adding a comma after the word ``standards.'' Finally, to mirror the language in the regulation, this document revises 25 CFR 559.5 by changing the section title from ``Does a tribe need to'' to ``Must a tribe.'' 25 CFR Part 571--Monitoring and Investigations This document revises the second sentence of 25 CFR 571.3 by replacing the language ``under part 577 of this chapter is addressed in Sec. 577.8'' with ``is addressed in Sec. 584.9.'' This change is required because part 577 no longer exists and was replaced by the language found in 25 CFR part 584. The document revises 25 CFR 571.4 by replacing ``NIGC'' with ``the Commission.'' This change is intended to create uniformity in the agency's regulations. Additionally, 25 CFR 571.4 is revised to add ``or resolution'' after the word ``ordinance.'' Finally, this document revises 25 CFR 571.11 by removing a reference to a nonexistent ``part 577'' and replacing it with ``part 584.'' 25 CFR Part 573--Compliance and Enforcement This document revises 25 CFR 573.1 by making a minor grammatical change. Specifically, ``notice'' is now changed to ``notices.'' Section 573.2(a) is revised by removing the word ``respondent'' from the regulation because the regulation does not involve official agency action, and therefore no ``respondent'' exists. No substantive change occurs as a result of this revision. In addition, 25 CFR 573.4 is amended to revise paragraphs (a)(1)(ii), (a)(5), (a)(10), and (c)(3). Paragraph (a)(1)(ii) is revised by replacing ``provides'' with ``is served with.'' A minor grammatical change is made to paragraph (a)(5), removing the phrase ``having been,'' as this change helps make the regulation easier to read. A minor grammatical change is also made to paragraph (a)(10), replacing ``Indian Gaming Regulatory Act'' with ``the Act.'' Paragraph (a)(10) is also revised to replace references to ``Sec. 558.2'' with ``Sec. 556.5,'' and ``Sec. 558.5'' with ``Sec. 558.4.'' Finally, paragraph (c)(3) is revised to replace a reference to ``subchapter H,'' with a reference to ``parts 584 or 585'' for clarity. [[Page 31993]] 25 CFR Part 575--Civil Fines This document amends 25 CFR 575.6 to revise paragraphs (a)(1) and (b) to replace references to ``part 577'' (which no longer exists) with references to ``parts 584 or 585.'' This document also revises 25 CFR 575.9 to replace references to ``part 577'' (which no longer exists) with references to ``parts 584 or 585.'' Section 575.9 is also revised by renumbering it to ``575.7'' due to a previous numbering error in the regulations. 25 CFR Part 580--Rules of General Application in Appeal Proceedings Before the Commission This document revises 25 CFR 580.6 by making a minor grammatical change, replacing ``in'' with ``from.'' This document also revises 25 CFR 580.12 by replacing ``NIGC'' with ``Commission'' to create uniformity in the agency's regulations. IV. Certain Findings Under the Administrative Procedure Act, a notice of proposed rulemaking is not required when an agency, for good cause, finds that notice and public comments are impractical, unnecessary, or contrary to the public interest. Because the revisions here are technical in nature and intended solely to update the Commission's current mailing address, to correct outdated references, and to correct minor grammatical errors, the Commission is publishing a technical amendment. V. Regulatory Matters Regulatory Flexibility Act This rule will not have a significant economic effect on a substantial number of small entities as defined by the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Indian tribes are not considered to be small entities for purposes of the Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule does not have an annual effect on the economy of $100 million or more. This rule will not cause a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies or geographic regions, and does not have a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates 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 determined this proposed rule does not have significant takings implications. A takings implication assessment is not required. Civil Justice Reform In accordance with Executive Order 12988, the Commission determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Executive Order. National Environmental Policy Act The Commission has determined that this rule does not constitute a major federal action significantly affecting the quality of the human environment and that a detailed statement is not 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 these rules were previously approved by the Office of Management and Budget as required by the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and assigned the following OMB control numbers with the applicable expiration dates: (i) 3141-0001, expires on October 31, 2016; (ii) 3141-0003, expires on October 31, 2016; (iii) 3141-0004, expires on October 31, 2015; (iv) 3141-0007, expires on November 30, 2015; and (v) 3141-0012, expires on October 31, 2015. List of Subjects 25 CFR Part 502 Gaming, Indians-lands. 25 CFR Part 513 Claims, Gambling, Government employees, Income taxes, Wages. 25 CFR Part 514 Gambling, Indians-lands, Indians-tribal government, Reporting and recordkeeping requirements. 25 CFR Part 516 Administrative practice and procedure, Gambling, Indians-lands, Reporting and recordkeeping requirements. 25 CFR Part 522 Gambling, Indians-lands, Indians-tribal government, Reporting and recordkeeping requirements. 25 CFR Part 531 Gambling, Indians-lands, Indians-tribal government, Reporting and recordkeeping requirements. 25 CFR Part 533 Gambling, Indians-lands, Indians-tribal government, Reporting and recordkeeping requirements. 25 CFR Part 535 Gambling, Indians-lands, Indians-tribal government, Reporting and recordkeeping requirements. 25 CFR Part 556 Gaming, Indians-lands. 25 CFR Part 559 Gambling, Indians-lands, Indians-tribal government, Notification and submission requirements-facility licenses. 25 CFR Part 571 Gambling, Indians-lands, Indians-tribal government, Reporting and recordkeeping requirements. 25 CFR Part 573 Enforcement, Enforcement actions, Gambling, Gaming, Indians, Indians-gaming. 25 CFR Part 575 Gaming, Indians-lands, Fines. 25 CFR Part 580 Appeals, Gambling, Indians-lands. For the reasons set forth in the Preamble, the Commission revises 25 CFR parts 502, 513, 514, 516, 522, 531, 533, 535, 556, 559, 571, 573, 575, and 580 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. 502.1 to read as follows: Sec. 502.1 Chairman (Chair). Chairman (Chair) means the Chairman of the National Indian Gaming Commission or his or her designee. PART 513--DEBT COLLECTION 0 3. The authority citation for part 513 continues to read as follows: [[Page 31994]] Authority: 31 U.S.C. 3711, 3716-3718, 3720A, 3720D; 5 U.S.C. 5514; 25 U.S.C. 2713(a)(1). Sec. 513.4 [Amended] 0 4. In Sec. 513.4(b), remove the phrase ``part 577'' and add in its place the phrase ``parts 580 through 585''. Sec. 513.32 [Amended] 0 5. In the last sentence of Sec. 513.32(a), remove the phrase ``part 577'' and add in its place the phrase ``parts 580 through 585''. PART 514--FEES 0 6. The authority citation for part 514 continues to read as follows: Authority: 25 U.S.C. 2706, 2710, 2717, 2717a. 0 7. Revise the first sentence of Sec. 514.8 to read as follows: Sec. 514.8 Where should fees, quarterly statements, and other communications about fees be sent? The statements, remittances, and communications about fees shall be transmitted to the Commission at the following address: NIGC Attn: Comptroller, C/O Department of the Interior, 1849 C Street NW., Mail Stop #1621, Washington, DC 20240. * * * Sec. 514.10 [Amended] 0 8. In Sec. 514.10, remove the phrase ``573.6(a)(2)'' everywhere it appears and add in its place the phrase ``573.4(a)(2)''. 0 9. Revise the first sentence of Sec. 514.17(c) to read as follows: Sec. 514.17 How are fingerprint processing fees collected by the Commission? * * * * * (c) Fingerprint fees shall be sent to the following address: NIGC Attn: Comptroller, C/O Department of the Interior, 1849 C Street NW., Mail Stop #1621, Washington, DC 20240. * * * PART 516--TESTIMONY OF COMMISSIONERS AND EMPLOYEES AND FORMER COMMISSIONERS AND FORMER EMPLOYEES RESPECTING OFFICIAL DUTIES; RESPONSE TO SUBPOENA 0 10. The authority citation for part 516 continues to read as follows: Authority: 5 U.S.C. 301; 25 U.S.C. 2706; 25 U.S.C. 2716(a); 18 U.S.C. 1905. 0 11. Revise Sec. 516.4(b) to read as follows: Sec. 516.4 How are records certified or authenticated? * * * * * (b) A request for certified copies of records or for authentication of copies of records shall be sent to the following address: NIGC Attn: Freedom of Information Act Officer, C/O Department of the Interior, 1849 C Street NW., Mail Stop #1621, Washington, DC 20240. PART 522--SUBMISSION OF GAMING ORDINANCE OR RESOLUTION 0 12. The authority citation for part 522 continues to read as follows: Authority: 25 U.S.C. 2706, 2710, 2712. Sec. 522.5 [Amended] 0 13. In Sec. 522.5, remove the phrase ``part 524'' everywhere it appears and add in its place the phrase ``part 582''. Sec. 522.7 [Amended] 0 14. In Sec. 522.7, remove the phrase ``part 524'' everywhere it appears and add in its place the phrase ``part 582''. Sec. 522.10 [Amended] 0 15. In Sec. 522.10: 0 a. In paragraph (c), remove the word ``Tribe'' and add in its place the word ``tribe''. 0 b. In paragraph (f), add a comma after the word ``limits''. PART 531--CONTENT OF MANAGEMENT CONTRACTS 0 16. The authority citation for part 531 continues to read as follows: Authority: 25 U.S.C. 81, 2706(b)(10), 2710(d)(9), 2711. Sec. 531.1 [Amended] 0 17. In Sec. 531.1: 0 a. In paragraph (b)(4), add a comma after the word ``training''. 0 b. In paragraph (b)(6), add the word ``gaming'' before the word ``operation's''. 0 c. In paragraph (b)(16), remove the words ``National Indian Gaming Commission (NIGC, or the Commission)'' and add in their place the word ``Commission''. PART 533--APPROVAL OF MANAGEMENT CONTRACTS 0 18. The authority citation for part 533 continues to read as follows: Authority: 25 U.S.C. 81, 2706(b)(10), 2710(d)(9), 2711. Sec. 533.2 [Amended] 0 19. In the last sentence of Sec. 533.2, remove the phrase ``part 539'' and add in its place the phrase ``part 583''. Sec. 533.3 [Amended] 0 20. In Sec. 533.3: 0 a. In paragraph (a)(1), add the word ``and'' after ``contractor;''. 0 b. In paragraph (a)(2), remove ``; and'' and add a period in its place. Sec. 533.6 [Amended] 0 21. In Sec. 533.6(b)(3), remove the words ``this Act'' and add in its place the words ``the Act''. PART 535--POST-APPROVAL PROCEDURES 0 22. The authority citation for part 535 continues to read as follows: Authority: 25 U.S.C. 81, 2706(b)(10), 2710(d)(9), 2711. Sec. 535.1 [Amended] 0 23. In Sec. 535.1: 0 a. In paragraph (d)(2), remove the semicolon at the end of the sentence and add a period in its place. 0 b. In paragraph (d)(3), remove the phrase ``part 539'' everywhere it appears and add in its place the phrase ``part 583''. Sec. 535.3 [Amended] 0 24. In Sec. 535.3: 0 a. Remove the phrase ``part 577'' and add in its place the phrase ``part 584 or part 585''. 0 b. In the second sentence, remove the word ``void'' and add in its place the word ``voiding''. PART 556--BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES 0 25. The authority citation for part 556 continues to read as follows: Authority: 25 U.S.C. 2706, 2710, 2712. Sec. 556.2 [Amended] 0 26. In Sec. 556.2(a), add a comma after the word ``criminal''. Sec. 556.5 [Amended] 0 27. In Sec. 556.5(a)(3) add a comma after the word ``habits''. Sec. 556.8 [Amended] 0 28. In the first sentence of Sec. 556.8, remove the word ``the'' before the word ``February''. PART 559--FACILITY LICENSE NOTIFICATIONS AND SUBMISSIONS 0 29. The authority citation for part 559 continues to read as follows: Authority: 25 U.S.C. 2701, 2702(3), 2703(4), 2705, 2706(b)(10), 2710, 2719. Sec. 559.1 [Amended] 0 30. In Sec. 559.1(a), remove the word ``obtain'' and add in its place the word ``obtains''. [[Page 31995]] Sec. 559.4 [Amended] 0 31. In the last sentence of Sec. 559.4, add a comma after the word ``standards''. Sec. 559.5 [Amended] 0 32. In the section heading to Sec. 559.5, remove the phrase ``Does a tribe need to'' and add in its place the phrase ``Must a tribe''. PART 571--MONITORING AND INVESTIGATIONS 0 33. The authority citation for part 571 continues to read as follows: Authority: 25 U.S.C. 2706(b), 2710(b)(2)(C), 2715, 2716. 0 34. Revise the last sentence of Sec. 571.3 to read as follows: Sec. 571.3 Confidentiality. * * * The confidentiality of documents submitted in a multiple- party proceeding is addressed in Sec. 584.9 of this chapter. Sec. 571.4 [Amended] 0 35. In Sec. 571.4: 0 a. In the first sentence, remove the word ``NIGC'' and add in its place the word ``Commission''. 0 b. Add the phrase ``or resolution'' after the word ``ordinance''. Sec. 571.11 [Amended] 0 36. In Sec. 571.11(a), remove the phrase ``part 577'' and add in its place the phrase ``part 584''. PART 573--COMPLIANCE AND ENFORCEMENT 0 37. The authority citation for part 573 continues to read as follows: Authority: 25 U.S.C. 2706(b)(10), 2713; E.O. 13175, 65 FR 67249, 3 CFR, 2000 Comp., p.304. Sec. 573.1 [Amended] 0 38. In the last sentence in Sec. 573.1, remove the word ``notice'' and add in its place the word ``notices''. 0 39. Revise the first sentence of Sec. 573.2(a) to read as follows: Sec. 573.2 When may a letter of concern be issued? (a) Prior to the Chair taking an enforcement action, a letter of concern may be provided by NIGC staff, detailing concerns regarding compliance with the Act, this chapter, or any tribal ordinance or resolution approved by the Chair under part 522 of this chapter. * * * * * * * * Sec. 573.4 [Amended] 0 40. In Sec. 573.4: 0 a. In paragraph (a)(1)(ii), remove the word ``provides'' and add in its place the phrase, ``is served with''. 0 b. In paragraph (a)(5), remove the phrase ``having been''. 0 c. In paragraph (a)(10), remove ``558.2'' and add in its place ``556.5'' and remove ``558.5'' and add in its place ``558.4''. 0 d. In paragraph (c)(3), remove ``subchapter H'' and add in its place ``part 584 or part 585''. PART 575--CIVIL FINES 0 41. The authority citation for part 575 continues to read as follows: Authority: 25 U.S.C. 2705(a), 2706, 2713, 2715. Sec. 575.6 [Amended] 0 42. In Sec. 575.6, remove ``part 577'' everywhere it appears and add in its place ``part 584 or part 585''. Sec. 575.9 [Redesignated as Sec. 575.7] 0 43. Redesignate Sec. 575.9 as Sec. 575.7, and in newly redesignated Sec. 575.7(a), remove ``part 577'' and add in its place ``part 584 or part 585''. PART 580--COMPLIANCE RULES OF GENERAL APPLICATION IN APPEAL PROCEEDINGS BEFORE THE COMMISSION 0 44. The authority citation for part 580 continues to read as follows: Authority: 25 U.S.C. 2706, 2713, 2715. Sec. 580.6 [Amended] 0 45. In the last sentence of Sec. 580.6, remove the phrase ``in the computation'' and add in its place the phrase ``from the computation''. Sec. 580.12 [Amended] 0 46. In the first sentence of Sec. 580.12, remove the acronym ``NIGC'' and add in its place the word ``Commission''. Dated: May 28, 2015. Jonodev O. Chaudhuri, Chairman. Daniel J. Little, Associate Commissioner. [FR Doc. 2015-13645 Filed 6-4-15; 8:45 am] BILLING CODE 7565-01-P
![Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations 31991
Executive Order 12866 as (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42 Commission’s mailing address.
Supplemented by Executive Order U.S.C. 421 note); sec. 202, Pub. L. 108–203, Additionally, the current regulations
13563 118 Stat. 509 (42 U.S.C. 902 note). contain outdated references to previous
We consulted with the Office of ■ 2. In § 404.942, revise paragraph (g) to regulations that no longer exist. The
Management and Budget (OMB) and read as follows: amendments also correct various minor
determined that this final rule does not grammatical errors.
§ 404.942 Prehearing proceedings and
meet the criteria for a significant decisions by attorney advisors. DATES: Effective June 22, 2015.
regulatory action under Executive Order * * * * * FOR FURTHER INFORMATION CONTACT:
12866, as supplemented by Executive (g) Sunset provision. The provisions NIGC Attn: Maria Getoff, Senior
Order 13563. of this section will no longer be effective Attorney, C/O Department of the
on August 4, 2017, unless we terminate Interior, 1849 C Street NW., Mail Stop
Regulatory Flexibility Act
them earlier or extend them beyond that #1621, Washington, DC 20240, or by
We certify that this final rule will not date by notice of a final rule in the telephone at 202–632–7003.
have a significant economic impact on Federal Register. SUPPLEMENTARY INFORMATION:
a substantial number of small entities
because it affects individuals only. PART 416—SUPPLEMENTAL I. Background
Therefore, the Regulatory Flexibility SECURITY INCOME FOR THE AGED, The Indian Gaming Regulatory Act
Act, as amended, does not require us to BLIND, AND DISABLED (IGRA or the Act), Public Law 100–497,
prepare a regulatory flexibility analysis. 25 U.S.C. 2701 et seq., was signed into
Subpart N—[Amended] law on October 17, 1988. The Act
Paperwork Reduction Act
established the Commission and set out
This final rule does not create any ■ 3. The authority citation for subpart N a comprehensive framework for the
new or affect any existing collections continues to read as follows: regulation of gaming on Indian lands.
and, therefore, does not require OMB Authority: Secs. 702(a)(5), 1631, and 1633 The purposes of the Act include:
approval under the Paperwork of the Social Security Act (42 U.S.C. Providing a statutory basis for the
Reduction Act. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. operation of gaming by Indian tribes as
108–203, 118 Stat. 509 (42 U.S.C. 902 note).
(Catalog of Federal Domestic Assistance a means of promoting tribal economic
Program Nos. 96.001, Social Security— ■ 4. In § 416.1442, revise paragraph (g) development, self-sufficiency, and
Disability Insurance; 96.002, Social to read as follows: strong tribal governments; ensuring that
Security—Retirement Insurance; 96.004, the Indian tribe is the primary
Social Security—Survivors Insurance; § 416.1442 Prehearing proceedings and
decisions by attorney advisors. beneficiary of the gaming operation; and
96.006, Supplemental Security Income.)
declaring that the establishment of
List of Subjects * * * * * independent federal regulatory
(g) Sunset provision. The provisions
authority for gaming on Indian lands,
20 CFR Part 404 of this section will no longer be effective
the establishment of federal standards
Administrative practice and on August 4, 2017, unless we terminate
for gaming on Indian lands, and the
procedure, Blind, Disability benefits, them earlier or extend them beyond that
establishment of a National Indian
Old-age, Survivors and Disability date by notice of a final rule in the
Gaming Commission are necessary to
Insurance, Reporting and recordkeeping Federal Register.
meet congressional concerns regarding
requirements, Social security. [FR Doc. 2015–13768 Filed 6–4–15; 8:45 am] gaming and to protect such gaming as a
20 CFR Part 416
BILLING CODE P means of generating tribal revenue. 25
U.S.C. 2702.
Administrative practice and
procedure, Reporting and recordkeeping DEPARTMENT OF THE INTERIOR II. Previous Rulemaking Activity
requirements, Supplemental Security On August 9, 2012, the Commission
Income (SSI). National Indian Gaming Commission published a final rule amending 25 CFR
Carolyn W. Colvin,
part 573 (Compliance and Enforcement)
25 CFR Parts 502, 513, 514, 516, 522, to include a graduated pre-enforcement
Acting Commissioner of Social Security. 531, 533, 535, 556, 559, 571, 573, 575, process through which a tribe may come
For the reasons stated in the and 580 into voluntary compliance. 77 FR
preamble, we amend subpart J of part 47517, Aug. 9, 2012. This document
RIN 3141–AA50, 3141–AA25, 3141–AA40,
404 and subpart N of part 416 of 3141–AA20, 3141–AA23, 3141–AA46, 3141– updates references in 25 CFR part 514
Chapter III of title 20 of the Code of AA58, 3141–AA13, 3141–AA63, 3141–AA48, that are no longer accurate due to those
Federal Regulations as set forth below: 3141–AA49, 3141–AA50, 3141–AA08, 3141– amendments.
AA47 On September 25, 2012, the
PART 404—FEDERAL OLD–AGE, Commission published a final rule
SURVIVORS AND DISABILITY Various National Indian Gaming consolidating all appeal proceedings
INSURANCE (1950– ) Commission Regulations before the Commission into a (then) new
Subpart J—[Amended] AGENCY: National Indian Gaming subchapter H (Appeal Proceedings
Commission, Interior. Before the Commission), thereby
■ 1. The authority citation for subpart J ACTION: Correcting amendments. removing former parts 524, 539, and
mstockstill on DSK4VPTVN1PROD with RULES
of part 404 continues to read as follows: 577. 77 FR 58941, Sept. 25, 2012. This
SUMMARY: The National Indian Gaming document updates 25 CFR parts 513,
Authority: Secs. 201(j), 204(f), 205(a)–(b),
(d)–(h), and (j), 221, 223(i), 225, and 702(a)(5)
Commission (NIGC or Commission) 514, 522, 533, 535, 571, 573, and 575 to
of the Social Security Act (42 U.S.C. 401(j), makes corrections to various regulations remove references to those parts no
404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i), previously issued. The Commission longer in existence.
425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96 recently moved its headquarters On January 25, 2013, the Commission
Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)– resulting in the need to update the published a final rule amending 25 CFR
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![31994 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
Authority: 31 U.S.C. 3711, 3716–3718, records shall be sent to the following ■ b. In paragraph (a)(2), remove ‘‘; and’’
3720A, 3720D; 5 U.S.C. 5514; 25 U.S.C. address: NIGC Attn: Freedom of and add a period in its place.
2713(a)(1). Information Act Officer, C/O
Department of the Interior, 1849 C Street § 533.6 [Amended]
§ 513.4 [Amended]
NW., Mail Stop #1621, Washington, DC ■ 21. In § 533.6(b)(3), remove the words
■ 4. In § 513.4(b), remove the phrase 20240. ‘‘this Act’’ and add in its place the
‘‘part 577’’ and add in its place the words ‘‘the Act’’.
phrase ‘‘parts 580 through 585’’. PART 522—SUBMISSION OF GAMING
§ 513.32 [Amended] ORDINANCE OR RESOLUTION PART 535—POST-APPROVAL
PROCEDURES
■ 5. In the last sentence of § 513.32(a), ■ 12. The authority citation for part 522
remove the phrase ‘‘part 577’’ and add continues to read as follows: ■ 22. The authority citation for part 535
in its place the phrase ‘‘parts 580 Authority: 25 U.S.C. 2706, 2710, 2712. continues to read as follows:
through 585’’. Authority: 25 U.S.C. 81, 2706(b)(10),
§ 522.5 [Amended] 2710(d)(9), 2711.
PART 514—FEES
■ 13. In § 522.5, remove the phrase
‘‘part 524’’ everywhere it appears and § 535.1 [Amended]
■ 6. The authority citation for part 514
continues to read as follows: add in its place the phrase ‘‘part 582’’. ■ 23. In § 535.1:
■ a. In paragraph (d)(2), remove the
Authority: 25 U.S.C. 2706, 2710, 2717, § 522.7 [Amended]
2717a.
semicolon at the end of the sentence
■ 14. In § 522.7, remove the phrase and add a period in its place.
■ 7. Revise the first sentence of § 514.8 ‘‘part 524’’ everywhere it appears and ■ b. In paragraph (d)(3), remove the
to read as follows: add in its place the phrase ‘‘part 582’’. phrase ‘‘part 539’’ everywhere it appears
and add in its place the phrase ‘‘part
§ 514.8 Where should fees, quarterly § 522.10 [Amended]
583’’.
statements, and other communications ■ 15. In § 522.10:
about fees be sent? § 535.3 [Amended]
■ a. In paragraph (c), remove the word
The statements, remittances, and ‘‘Tribe’’ and add in its place the word ■ 24. In § 535.3:
communications about fees shall be ‘‘tribe’’. ■ a. Remove the phrase ‘‘part 577’’ and
transmitted to the Commission at the ■ b. In paragraph (f), add a comma after add in its place the phrase ‘‘part 584 or
following address: NIGC Attn: the word ‘‘limits’’. part 585’’.
Comptroller, C/O Department of the
■ b. In the second sentence, remove the
Interior, 1849 C Street NW., Mail Stop PART 531—CONTENT OF
word ‘‘void’’ and add in its place the
#1621, Washington, DC 20240. * * * MANAGEMENT CONTRACTS
word ‘‘voiding’’.
§ 514.10 [Amended] ■ 16. The authority citation for part 531
PART 556—BACKGROUND
■ 8. In § 514.10, remove the phrase continues to read as follows:
INVESTIGATIONS FOR PRIMARY
‘‘573.6(a)(2)’’ everywhere it appears and Authority: 25 U.S.C. 81, 2706(b)(10), MANAGEMENT OFFICIALS AND KEY
add in its place the phrase ‘‘573.4(a)(2)’’. 2710(d)(9), 2711. EMPLOYEES
■ 9. Revise the first sentence of
§ 514.17(c) to read as follows: § 531.1 [Amended]
■ 25. The authority citation for part 556
■ 17. In § 531.1: continues to read as follows:
§ 514.17 How are fingerprint processing ■ a. In paragraph (b)(4), add a comma
fees collected by the Commission?
after the word ‘‘training’’. Authority: 25 U.S.C. 2706, 2710, 2712.
* * * * * ■ b. In paragraph (b)(6), add the word § 556.2 [Amended]
(c) Fingerprint fees shall be sent to the ‘‘gaming’’ before the word
following address: NIGC Attn: ‘‘operation’s’’. ■ 26. In § 556.2(a), add a comma after
Comptroller, C/O Department of the ■ c. In paragraph (b)(16), remove the the word ‘‘criminal’’.
Interior, 1849 C Street NW., Mail Stop words ‘‘National Indian Gaming § 556.5 [Amended]
#1621, Washington, DC 20240. * * * Commission (NIGC, or the
Commission)’’ and add in their place ■ 27. In § 556.5(a)(3) add a comma after
PART 516—TESTIMONY OF the word ‘‘Commission’’. the word ‘‘habits’’.
COMMISSIONERS AND EMPLOYEES
AND FORMER COMMISSIONERS AND § 556.8 [Amended]
PART 533—APPROVAL OF
FORMER EMPLOYEES RESPECTING MANAGEMENT CONTRACTS ■ 28. In the first sentence of § 556.8,
OFFICIAL DUTIES; RESPONSE TO remove the word ‘‘the’’ before the word
SUBPOENA ■ 18. The authority citation for part 533 ‘‘February’’.
continues to read as follows:
■ 10. The authority citation for part 516 Authority: 25 U.S.C. 81, 2706(b)(10), PART 559—FACILITY LICENSE
continues to read as follows: 2710(d)(9), 2711. NOTIFICATIONS AND SUBMISSIONS
Authority: 5 U.S.C. 301; 25 U.S.C. 2706; 25
U.S.C. 2716(a); 18 U.S.C. 1905. § 533.2 [Amended] ■ 29. The authority citation for part 559
■ 19. In the last sentence of § 533.2, continues to read as follows:
■ 11. Revise § 516.4(b) to read as
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follows: remove the phrase ‘‘part 539’’ and add Authority: 25 U.S.C. 2701, 2702(3),
in its place the phrase ‘‘part 583’’. 2703(4), 2705, 2706(b)(10), 2710, 2719.
§ 516.4 How are records certified or
authenticated? § 533.3 [Amended] § 559.1 [Amended]
* * * * * ■ 20. In § 533.3: ■ 30. In § 559.1(a), remove the word
(b) A request for certified copies of ■ a. In paragraph (a)(1), add the word ‘‘obtain’’ and add in its place the word
records or for authentication of copies of ‘‘and’’ after ‘‘contractor;’’. ‘‘obtains’’.
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![Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations 31995
§ 559.4 [Amended] ■ a. In paragraph (a)(1)(ii), remove the DEPARTMENT OF THE TREASURY
■ 31. In the last sentence of § 559.4, add word ‘‘provides’’ and add in its place
a comma after the word ‘‘standards’’. the phrase, ‘‘is served with’’. Internal Revenue Service
■ b. In paragraph (a)(5), remove the
§ 559.5 [Amended] 26 CFR Part 1
phrase ‘‘having been’’.
■ 32. In the section heading to § 559.5, [TD 9713]
■ c. In paragraph (a)(10), remove
remove the phrase ‘‘Does a tribe need
to’’ and add in its place the phrase ‘‘558.2’’ and add in its place ‘‘556.5’’ RIN 1545–BL46; RIN 1545–BM60
‘‘Must a tribe’’. and remove ‘‘558.5’’ and add in its place
‘‘558.4’’. Reporting for Premium; Basis
PART 571—MONITORING AND Reporting by Securities Brokers and
■ d. In paragraph (c)(3), remove
INVESTIGATIONS Basis Determination for Debt
‘‘subchapter H’’ and add in its place Instruments and Options; Correction
‘‘part 584 or part 585’’.
■ 33. The authority citation for part 571 AGENCY: Internal Revenue Service (IRS),
continues to read as follows: PART 575—CIVIL FINES Treasury.
Authority: 25 U.S.C. 2706(b), 2710(b)(2)(C), ACTION: Temporary regulations;
2715, 2716. ■ 41. The authority citation for part 575 correcting amendments.
■ 34. Revise the last sentence of § 571.3 continues to read as follows:
to read as follows: SUMMARY: This document contains
Authority: 25 U.S.C. 2705(a), 2706, 2713, amendments to temporary regulations
§ 571.3 Confidentiality. 2715. relating to information reporting by
* * * The confidentiality of brokers for transfers of debt instruments.
§ 575.6 [Amended]
documents submitted in a multiple- The amendments change the
party proceeding is addressed in § 584.9 ■ 42. In § 575.6, remove ‘‘part 577’’ applicability date of the temporary
of this chapter. everywhere it appears and add in its regulations for reporting certain
place ‘‘part 584 or part 585’’. information on a transfer statement from
§ 571.4 [Amended]
June 30, 2015, to January 1, 2016. The
■ 35. In § 571.4: § 575.9 [Redesignated as § 575.7] amendments to the temporary
■ a. In the first sentence, remove the regulations will provide guidance to
word ‘‘NIGC’’ and add in its place the ■ 43. Redesignate § 575.9 as § 575.7, and brokers and their customers.
word ‘‘Commission’’. in newly redesignated § 575.7(a),
DATES: Effective Date: These
■ b. Add the phrase ‘‘or resolution’’ after remove ‘‘part 577’’ and add in its place amendments are effective on June 5,
the word ‘‘ordinance’’. ‘‘part 584 or part 585’’. 2015.
§ 571.11 [Amended] Applicability Date: For the date of
PART 580—COMPLIANCE RULES OF applicability, see § 1.6045A–1T(f), as
■ 36. In § 571.11(a), remove the phrase GENERAL APPLICATION IN APPEAL corrected.
‘‘part 577’’ and add in its place the PROCEEDINGS BEFORE THE
phrase ‘‘part 584’’. COMMISSION FOR FURTHER INFORMATION CONTACT:
Pamela Lew at (202) 317–7053 (not a
PART 573—COMPLIANCE AND toll-free number).
■ 44. The authority citation for part 580
ENFORCEMENT continues to read as follows: SUPPLEMENTARY INFORMATION:
■ 37. The authority citation for part 573 Authority: 25 U.S.C. 2706, 2713, 2715. Background
continues to read as follows: The temporary regulations that are the
§ 580.6 [Amended]
Authority: 25 U.S.C. 2706(b)(10), 2713; subject of these amendments are under
E.O. 13175, 65 FR 67249, 3 CFR, 2000 Comp., ■ 45. In the last sentence of § 580.6, section 6045A of the Internal Revenue
p.304. remove the phrase ‘‘in the computation’’ Code. The temporary regulations (TD
and add in its place the phrase ‘‘from 9713) were published in the Federal
§ 573.1 [Amended]
the computation’’. Register on Friday, March 13, 2015 (80
■ 38. In the last sentence in § 573.1, FR 13233).
remove the word ‘‘notice’’ and add in its § 580.12 [Amended]
place the word ‘‘notices’’. Need for Amendments
■ 39. Revise the first sentence of ■ 46. In the first sentence of § 580.12, Under § 1.6045A–1, a broker is
§ 573.2(a) to read as follows: remove the acronym ‘‘NIGC’’ and add in required to provide certain information
its place the word ‘‘Commission’’. relating to a transfer of a debt
§ 573.2 When may a letter of concern be instrument that is a covered security on
issued? Dated: May 28, 2015.
a transfer statement. Section 1.6045A–
(a) Prior to the Chair taking an Jonodev O. Chaudhuri,
1T(f) requires a broker to provide certain
enforcement action, a letter of concern Chairman. additional information on the transfer
may be provided by NIGC staff, Daniel J. Little, statement. Section 1.6045A–1T(f)
detailing concerns regarding compliance Associate Commissioner. applies to a transfer that occurs on or
with the Act, this chapter, or any tribal [FR Doc. 2015–13645 Filed 6–4–15; 8:45 am] after June 30, 2015. After the
mstockstill on DSK4VPTVN1PROD with RULES
ordinance or resolution approved by the publication of the temporary
BILLING CODE 7565–01–P
Chair under part 522 of this chapter. regulations, the Treasury Department
* * * and the IRS received comments
* * * * * requesting that the applicability date of
the regulations be delayed until January
§ 573.4 [Amended] 1, 2016. In response to these comments,
■ 40. In § 573.4: this document amends the applicability
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Document Created: 2015-12-15 15:20:52
Document Modified: 2015-12-15 15:20:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Correcting amendments. | |
| Dates | Effective June 22, 2015. | |
| Contact | NIGC Attn: Maria Getoff, Senior Attorney, C/O Department of the Interior, 1849 C Street NW., Mail Stop #1621, Washington, DC 20240, or by telephone at 202-632-7003. | |
| FR Citation | 80 FR 31991 | |
| RIN Number | 3141-AA50, 3141-AA25, 3141-AA40, 3141-AA20, 3141-AA23, 3141-AA46, 3141-AA58, 3141-AA13, 3141-AA63, 3141-AA48, 3141-AA49, 3141-AA50, 3141-AA08 and 3141-AA47 | |
| CFR Citation | 25
CFR
502 25 CFR 513 25 CFR 514 25 CFR 516 25 CFR 522 25 CFR 531 25 CFR 533 25 CFR 535 25 CFR 556 25 CFR 559 25 CFR 571 25 CFR 573 25 CFR 575 25 CFR 580 | |
| CFR Associated | Gaming; Indians-Lands; Claims; Gambling; Government Employees; Income Taxes; Wages; Indians-Tribal Government; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Notification and Submission Requirements-Facility Licenses; Enforcement; Enforcement Actions; Indians; Indians-Gaming; Fines and Appeals |
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