81 FR 76306 - Various National Indian Gaming Commission Regulations

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission

Federal Register Volume 81, Issue 212 (November 2, 2016)

Page Range		76306-76307
FR Document		2016-26060

The National Indian Gaming Commission (NIGC) amends various regulations previously issued. The NIGC moved its headquarters and needs to update the address. The agency also revises two headings by shortening them.

Federal Register, Volume 81 Issue 212 (Wednesday, November 2, 2016)

[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Rules and Regulations]
[Pages 76306-76307]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26060]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Parts 517, 584, and 585

RIN 3141-AA21, 3141-AA57


Various National Indian Gaming Commission Regulations

AGENCY: National Indian Gaming Commission.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The National Indian Gaming Commission (NIGC) amends various 
regulations previously issued. The NIGC moved its headquarters and 
needs to update the address. The agency also revises two headings by 
shortening them.

DATES: Effective November 17, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Modrich-Alvarado, Staff Attorney, 
(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 October 17, 1988. The 
Act established the NIGC 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. Corrections

25 CFR Part 517--Freedom of Information Act Procedures

    This document revises 25 CFR 517.2 to reflect the correct physical 
address. This document also amends 25 CFR 517.4(a) and 517.8(b)(2) to 
reflect the correct mailing address.

25 CFR Part 584--Appeals Before a Presiding Official

    This document revises the heading of 25 CFR part 584.

25 CFR Part 585--Appeals to the Commission

    This document revises the heading of 25 CFR part 585.

III. 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 NIGC's current mailing address the 
NIGC is publishing a technical amendment.

IV. Regulatory Matters

Executive Order 13175

    The National Indian Gaming Commission is committed to fulfilling 
its tribal consultation obligations--whether directed by statute or 
administrative action such as Executive Order 13175 (Consultation and 
Coordination with Indian Tribal Governments)--by adhering to the 
consultation framework described in its Consultation Policy published 
on July 15, 2013. Due to the ministerial nature of the action being 
taken here, consultation is not required under the NIGC's Consultation 
Policy.

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities as defined by the

[[Page 76307]]

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 will not result 
in an annual effect on the economy of $100 million per year 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 
effects on competition, employment, investment, productivity, 
innovation, or on 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 
the rule does not have significant takings implications. A takings 
implication assessment is not required.

Civil Justice Reform Act

    In accordance with Executive Order 12988, the Commission determined 
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 determined 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 rule does not contain any information collection requirements 
for which Office of Management and Budget approval under the Paperwork 
Reduction Act (44 U.S.C. 3501-3520) is required.

List of Subjects

25 CFR Part 517

    Freedom of information.

25 CFR Part 584

    Administrative practice and procedure, Gambling.

25 CFR Part 585

    Administrative practice and procedure, Gambling, Indians--lands, 
Penalties.

    For the reasons set forth in the preamble, the NIGC amends 25 CFR 
parts 517, 584, and 585 as follows:

PART 517--FREEDOM OF INFORMATION ACT PROCEDURES

0
1. The authority citation for part 517 continues to read as follows:

    Authority: 5 U.S.C. 552, as amended.


0
2. Revise the first sentence of Sec.  517.2 to read as follows:


Sec.  517.2  Public reading room.

    Records that are required to be maintained by the Commission shall 
be available for public inspection and copying at 90 K Street NE., 
Suite 200, Washington, DC 20002. * * *

0
3. Revise the first two sentences of Sec.  517.4(a) to read as follows:


Sec.  517.4  Requirements for making requests.

    (a) How to make a FOIA request. Requests for records made pursuant 
to the FOIA must be in writing. Requests should be sent to the National 
Indian Gaming Commission, Attn: FOIA Officer, C/O Department of 
Interior, 1849 C Street NW., Mailstop #1621, Washington, DC 20240. * * 
*
* * * * *

0
4. Revise the last sentence in Sec.  517.8(b)(2) to read as follows:


Sec.  517.8  Appeals.

* * * * *
    (b) * * *
    (2) * * * The appeal shall be addressed to the National Indian 
Gaming Commission, Attn: FOIA Appeals Officer, C/O Department of 
Interior, 1849 C Street NW., Mailstop #1621, Washington, DC 20240.
* * * * *

PART 584--APPEALS BEFORE A PRESIDING OFFICIAL

0
5. The authority citation for part 584 continues to read as follows:

    Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.


0
6. Revise the heading of part 584 to read as set forth above.

PART 585--APPEALS TO THE COMMISSION

0
7. The authority citation for part 585 continues to read as follows:

    Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.

0
8. Revise the heading of part 585 to read as set forth above.

    Dated: October 17, 2016.
Jonodev O. Chaudhuri,
Chairman.
Kathryn Isom-Clause,
Vice Chair.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2016-26060 Filed 11-1-16; 8:45 am]
BILLING CODE 7565-01-P

76306 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations

protection, including regulations.’’ The (2) The total number of wheelchairs strong tribal governments; ensuring that
purpose of this rulemaking is to change and scooters that were enplaned in the the Indian tribe is the primary
the way in which air carriers report aircraft cargo compartment; beneficiary of the gaming operation; and
mishandled baggage to the Department (3) The number of mishandled declaring that the establishment of
and fill a data gap by collecting separate checked bags, including gate-checked independent federal regulatory
statistics for mishandled wheelchairs baggage, ‘‘valet bags,’’ interlined bags authority for gaming on Indian lands,
and scooters used by passengers with and wheelchairs and scooters that were the establishment of federal standards
disabilities and transported in aircraft enplaned in the aircraft cargo for gaming on Indian lands, and the
cargo compartments. The Department compartment; and establishment of a National Indian
does not anticipate any environmental (4) The number of mishandled Gaming Commission are necessary to
impacts, and there are no extraordinary wheelchairs and scooters that were meet congressional concerns regarding
circumstances present in connection enplaned in the aircraft cargo gaming and to protect such gaming as a
with this rulemaking. compartment. means of generating tribal revenue. 25
(c) The information in paragraphs (a) U.S.C. 2702.
Issued this 18th day of October, 2016, in
Washington, DC. and (b) of this section shall be submitted
to the Department within 15 days after II. Corrections
Anthony R. Foxx,
the end of the month to which the 25 CFR Part 517—Freedom of
Secretary of Transportation.
information applies and must be Information Act Procedures
List of Subjects in 14 CFR Part 234 submitted with the transmittal
This document revises 25 CFR 517.2
accompanying the data for on-time
Air carriers, Mishandled baggage, On- to reflect the correct physical address.
performance in the form and manner set
time statistics, Reporting, Uniform This document also amends 25 CFR
forth in accounting and reporting
system of accounts. 517.4(a) and 517.8(b)(2) to reflect the
directives issued by the Director, Office
Accordingly, the Department of correct mailing address.
of Airline Information.
Transportation amends 14 CFR chapter [FR Doc. 2016–26181 Filed 11–1–16; 8:45 am] 25 CFR Part 584—Appeals Before a
II as follows: Presiding Official
BILLING CODE 4910–9X–P

PART 234—[AMENDED] This document revises the heading of
25 CFR part 584.
■ 1. The authority citation for part 234 DEPARTMENT OF THE INTERIOR
25 CFR Part 585—Appeals to the
is revised to read as follows: Commission
National Indian Gaming Commission
Authority: 49 U.S.C. 329, 41101, and
This document revises the heading of
41701.
25 CFR Parts 517, 584, and 585 25 CFR part 585.
■ 2. Section 234.2 is amended by adding
the definition of ‘‘Mishandled checked RIN 3141–AA21, 3141–AA57 III. Certain Findings
bag’’ in alphabetical order, to read as Under the Administrative Procedure
Various National Indian Gaming
follows: Act, a notice of proposed rulemaking is
Commission Regulations
not required when an agency, for good
§ 234.2 Definitions.
AGENCY: National Indian Gaming cause, finds that notice and public
* * * * * Commission. comments are impractical, unnecessary,
Mishandled checked bag means a ACTION: Correcting amendments. or contrary to the public interest.
checked bag that is lost, delayed, Because the revisions here are technical
damaged or pilfered, as reported to a SUMMARY: The National Indian Gaming in nature and intended solely to update
carrier by or on behalf of a passenger. Commission (NIGC) amends various the NIGC’s current mailing address the
* * * * * regulations previously issued. The NIGC NIGC is publishing a technical
moved its headquarters and needs to amendment.
■ 3. Section 234.6 is revised to read as
update the address. The agency also
follows: IV. Regulatory Matters
revises two headings by shortening
§ 234.6 Baggage-handling statistics. them. Executive Order 13175
(a) For air transportation taking place DATES: Effective November 17, 2016. The National Indian Gaming
before January 1, 2018, each reporting FOR FURTHER INFORMATION CONTACT: Commission is committed to fulfilling
carrier shall report monthly to the Mary Modrich-Alvarado, Staff Attorney, its tribal consultation obligations—
Department on a domestic system basis, (202) 632–7003. whether directed by statute or
excluding charter flights, the total SUPPLEMENTARY INFORMATION: administrative action such as Executive
number of passengers enplaned system- Order 13175 (Consultation and
wide and the total number of I. Background
Coordination with Indian Tribal
mishandled-baggage reports filed with The Indian Gaming Regulatory Act Governments)—by adhering to the
the carrier. (IGRA or the Act), Public Law 100–497, consultation framework described in its
(b) For air transportation taking place 25 U.S.C. 2701 et seq., was signed into Consultation Policy published on July
on or after January 1, 2018, each law October 17, 1988. The Act 15, 2013. Due to the ministerial nature
reporting carrier shall report monthly to established the NIGC and set out a of the action being taken here,
the Department on a domestic system comprehensive framework for the consultation is not required under the
ehiers on DSK5VPTVN1PROD with RULES

basis, excluding charter flights: regulation of gaming on Indian lands. NIGC’s Consultation Policy.
(1) The total number of checked bags The purposes of the Act include:
enplaned, including gate checked Providing a statutory basis for the Regulatory Flexibility Act
baggage, ‘‘valet bags,’’ interlined bags, operation of gaming by Indian tribes as This rule will not have a significant
and wheelchairs and scooters enplaned a means of promoting tribal economic economic effect on a substantial number
in the aircraft cargo compartment; development, self-sufficiency, and of small entities as defined by the

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Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations 76307

Regulatory Flexibility Act, 5 U.S.C. 601, 25 CFR Part 584 Authority: 25 U.S.C. 2706, 2710, 2711,
et seq. Indian tribes are not considered 2712, 2713, 2715, 2717.
Administrative practice and
to be small entities for purposes of the procedure, Gambling. ■ 8. Revise the heading of part 585 to
Regulatory Flexibility Act. read as set forth above.
25 CFR Part 585 Dated: October 17, 2016.
Small Business Regulatory Enforcement
Fairness Act Administrative practice and Jonodev O. Chaudhuri,
procedure, Gambling, Indians—lands, Chairman.
This rule is not a major rule under 5 Penalties. Kathryn Isom-Clause,
U.S.C. 804(2), the Small Business For the reasons set forth in the Vice Chair.
Regulatory Enforcement Fairness Act. preamble, the NIGC amends 25 CFR E. Sequoyah Simermeyer,
This rule will not result in an annual parts 517, 584, and 585 as follows:
Associate Commissioner.
effect on the economy of $100 million
PART 517—FREEDOM OF [FR Doc. 2016–26060 Filed 11–1–16; 8:45 am]
per year or more. This rule will not
cause a major increase in costs or prices INFORMATION ACT PROCEDURES BILLING CODE 7565–01–P

for consumers, individual industries, ■ 1. The authority citation for part 517
federal, state, or local government continues to read as follows:
agencies, or geographic regions and does DEPARTMENT OF DEFENSE
not have a significant adverse effects on Authority: 5 U.S.C. 552, as amended.
Office of the Secretary
competition, employment, investment, ■ 2. Revise the first sentence of § 517.2
productivity, innovation, or on the to read as follows: 32 CFR Part 199
ability of U.S.-based enterprises to
compete with foreign-based enterprises. § 517.2 Public reading room. [Docket ID: DOD–2015–HA–0062]
Records that are required to be
Unfunded Mandates Reform Act RIN 0720–AB64
maintained by the Commission shall be
available for public inspection and Civilian Health and Medical Program of
The Commission, as an independent
copying at 90 K Street NE., Suite 200, the Uniformed Services (CHAMPUS)/
regulatory agency, is exempt from Washington, DC 20002. * * *
compliance with the Unfunded TRICARE: Refills of Maintenance
■ 3. Revise the first two sentences of Medications Through Military
Mandates Reform Act, 2 U.S.C. 1502(1);
2 U.S.C. 658(1). § 517.4(a) to read as follows: Treatment Facility Pharmacies or
§ 517.4 Requirements for making requests. National Mail Order Pharmacy Program
Takings
(a) How to make a FOIA request. AGENCY: Office of the Secretary,
In accordance with Executive Order Requests for records made pursuant to Department of Defense (DoD).
12630, the Commission determined the the FOIA must be in writing. Requests ACTION: Final rule.
rule does not have significant takings should be sent to the National Indian
implications. A takings implication Gaming Commission, Attn: FOIA SUMMARY: This final rule implements
assessment is not required. Officer, C/O Department of Interior, section 702 (c) of the Carl Levin and
1849 C Street NW., Mailstop #1621, Howard P. ‘‘Buck’’ McKeon National
Civil Justice Reform Act Washington, DC 20240. * * * Defense Authorization Act for Fiscal
* * * * * Year 2015 which states that beginning
In accordance with Executive Order
October 1, 2015, the pharmacy benefits
12988, the Commission determined the ■ 4. Revise the last sentence in
program shall require eligible covered
rule does not unduly burden the judicial § 517.8(b)(2) to read as follows:
beneficiaries generally to refill non-
system and meets the requirements of
§ 517.8 Appeals. generic prescription maintenance
sections 3(a) and 3(b)(2) of the Executive
* * * * * medications through military treatment
Order.
(b) * * * facility pharmacies or the national mail-
National Environmental Policy Act (2) * * * The appeal shall be order pharmacy program. An interim
addressed to the National Indian final rule is in effect. Section 702(c) of
The Commission determined this rule Gaming Commission, Attn: FOIA the National Defense Authorization Act
does not constitute a major federal Appeals Officer, C/O Department of for Fiscal Year 2015 also terminates the
action significantly affecting the quality Interior, 1849 C Street NW., Mailstop TRICARE For Life Pilot Program on
of the human environment and that a #1621, Washington, DC 20240. September 30, 2015. The TRICARE For
detailed statement is not required Life Pilot Program described in section
* * * * *
pursuant to the National Environmental 716(f) of the National Defense
Policy Act of 1969, 42 U.S.C. 4321, et PART 584—APPEALS BEFORE A Authorization Act for Fiscal Year 2013,
seq. PRESIDING OFFICIAL was a pilot program which began in
Paperwork Reduction Act March 2014 requiring TRICARE For Life
■ 5. The authority citation for part 584 beneficiaries to refill non-generic
The rule does not contain any continues to read as follows: prescription maintenance medications
information collection requirements for Authority: 25 U.S.C. 2706, 2710, 2711, through military treatment facility
which Office of Management and 2712, 2713, 2715, 2717. pharmacies or the national mail-order
Budget approval under the Paperwork ■ 6. Revise the heading of part 584 to pharmacy program. TRICARE for Life
Reduction Act (44 U.S.C. 3501–3520) is beneficiaries are those enrolled in the
ehiers on DSK5VPTVN1PROD with RULES

read as set forth above.
required. Medicare wraparound coverage option
PART 585—APPEALS TO THE of the TRICARE program. This rule
List of Subjects includes procedures to assist
COMMISSION
25 CFR Part 517 beneficiaries in transferring covered
■ 7. The authority citation for part 585 prescriptions to the mail order
Freedom of information. continues to read as follows: pharmacy program.

VerDate Sep<11>2014 13:32 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1

Document Created: 2016-11-02 01:40:38
Document Modified: 2016-11-02 01:40:38

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 November 17, 2016.
Contact		Mary Modrich-Alvarado, Staff Attorney, (202) 632-7003.
FR Citation		81 FR 76306
RIN Number		3141-AA21 and 3141-AA57
CFR Citation		25 CFR 517 25 CFR 584 25 CFR 585
CFR Associated		Freedom of Information; Administrative Practice and Procedure; Gambling; Indians-Lands and Penalties

81 FR 76306 - Various National Indian Gaming Commission Regulations

DEPARTMENT OF THE INTERIORNational Indian Gaming Commission

Federal Register Volume 81, Issue 212 (November 2, 2016)

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission