83 FR 39877 - Minimum Internal Control Standards
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission Federal Register Volume 83, Issue 156 (August 13, 2018)
National Indian Gaming Commission
Federal Register Volume 83, Issue 156 (August 13, 2018)
| Page Range | 39877-39879 | |
| FR Document | 2018-16254 |
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)] [Rules and Regulations] [Pages 39877-39879] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16254] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 542 RIN 3141-AA55 Minimum Internal Control Standards AGENCY: National Indian Gaming Commission, Department of the Interior. ACTION: Notification of final rulemaking; stay. ----------------------------------------------------------------------- SUMMARY: The National Indian Gaming Commission (NIGC) is suspending its minimum internal control standards (MICS) for Class III gaming under the Indian Gaming Regulatory Act. Updated guidance for Class III MICS will now be maintained at www.nigc.gov. DATES: This rule is effective September 27, 2018. Title 25 CFR part 542 is stayed effective September 27, 2018. FOR FURTHER INFORMATION CONTACT: Jennifer Lawson at 202-632-7003 or write to info@nigc.gov. SUPPLEMENTARY INFORMATION: I. Background The NIGC Class III MICS were promulgated in 1999 and last substantively revised in 2005. In 2006, the D.C. Circuit Court of Appeals in Colorado River Indian Tribes v. Nat'l Indian Gaming Comm'n, 466 F.3d 134 (CRIT v. NIGC), held that NIGC lacked authority to enforce or promulgate Class III MICS. Since that time, the Class III MICS have remained untouched. Technology has advanced rapidly, though, making some standards obsolete and introducing new areas of risk not contemplated by the outdated standards. And yet, many tribal-state compacts--even those entered into since 2006--continue to adopt NIGC Class III MICS by reference. II. Development of the Rule In light of the ruling in CRIT v. NIGC and recognizing the industry's need for updated standards, the NIGC sought comment on what to do with the outdated standards still remaining in the regulations and whether to draft updated, non-binding guidance for Class III MICS. Between 2015 and 2016, over [[Page 39878]] forty tribes provided comment and overwhelmingly supported the NIGC proposal for non-binding guidance. Many also supported keeping the existing 542 regulations in the Code of Federal Regulations, even though they would be unenforceable, to minimize impacts on tribal/state compacts that incorporate them by reference. Additionally, the Commission sent letters to state gaming regulators on June 14, 2017, requesting comment on the draft guidance. One responded with recommendations. In light of these comments, the Commission has developed non- binding guidance for Class III MICS and is suspending the existing part 542 regulations. Doing so will leave the existing regulations ``on the books,'' but with an editorial note stating that they are not enforceable. The updated guidance document for Class III MICS is available on the NIGC website at www.nigc.gov. This guidance is not intended to modify or amend any terms in a state compact. Because the document will be guidance instead of regulations, NIGC will be able to keep it updated and adapt much more quickly to changes in the industry. III. Regulatory Matters Notice and Comment Typically, the suspension of Agency regulations would require the Agency to follow the notice and comment process mandated by the Administrative Procedure Act (APA). However, the APA permits agencies to finalize some rules without first publishing a proposed rule in the Federal Register. This exception is limited to cases where the agency has ``good cause'' to find that the notice-and-comment process would be ``impracticable, unnecessary, or contrary to the public interest.'' In this case, because the D.C. Circuit has ruled that the NIGC may not enforce its Class III MICS, or even maintain them as agency regulations, the NIGC has good cause to find that the notice and comment period is unnecessary and may directly publish a final rule suspending the Class III MICS regulations. The NIGC did not appeal the Circuit court's decision to the United States Supreme Court, so it is the law of the land and the NIGC has no discretion in regard to following the court's mandates. 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 Suspending part 542 also suspends any information collection requirements contained within. Therefore, no detailed statement is required pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. 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. On February 26, 2015, the Commission announced consultation and sought comments over its plans to draft updated, non-mandatory Class III MICS guidance and proposal to withdraw the part 542 regulations. The Commission held four in-person and one telephonic consultation sessions. The consultation and comment period ended on February 23, 2016. Over forty tribes commented on the plan. As a result of the comments, the Commission, on November 22, 2016, announced its proposal to suspend the part 542 regulations and issue updated, non-mandatory Class III MICS guidance. The Commission developed and shared a draft of the guidance and held six in-person consultation sessions. The Commission received comments through July 2017. List of Subjects in 25 CFR Part 542 Accounting, Administrative practice and procedure, Gambling, Indian--Indian lands, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, the Commission amends 25 CFR part 542 as follows: PART 542--MINIMUM INTERNAL CONTROL STANDARDS 0 1. The authority for part 542 is revised to read as follows: Authority: 25 U.S.C. 2706(b)(10). 0 2. Section 542.1 is revised to read as follows: Sec. 542.1 What does this part cover? (a) This part previously established the minimum internal control standards for gaming operations on Indian land. (b) This part is suspended pursuant to the decision in Colorado River Indian Tribes v. Nat'l Indian Gaming Comm'n, 466 F.3d 134 (D.C. Cir. 2006). Updated [[Page 39879]] non-binding guidance on Class III Minimum Internal Control Standards may be found at www.nigc.gov. 0 3. Effective September 27, 2018, part 542 is stayed. Dated: July 18, 2018. Jonodev O. Chaudhuri, Chairman. Dated: July 18, 2018. Kathryn Isom-Clause, Vice Chair. [FR Doc. 2018-16254 Filed 8-10-18; 8:45 am] BILLING CODE 7565-01-P
![Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39877
2018–16–11 Various Model 234 and Model (2) All other AMOC requests should be Issued in Fort Worth, Texas, on July 27,
CH–47D Helicopters: Amendment 39– sent to the Manager, Seattle ACO Branch, 2018.
19351; Docket No. FAA–2015–4007; FAA. Send your proposal to: Chris Bonar, Scott A. Horn,
Product Identifier 2015–SW–064–AD. Aerospace Engineer, Airframe Section,
Deputy Director for Regulatory Operations,
Seattle ACO Branch, FAA, 2200 S 216th
(a) Applicability Compliance & Airworthiness Division,
Street, Des Moines, WA 98198; telephone
This AD applies to Model 234 and Model Aircraft Certification Service.
(206) 231–3521; email 9-ANM-Seattle-ACO-
CH–47D helicopters, regardless of type AMOC-Requests@faa.gov. [FR Doc. 2018–17112 Filed 8–10–18; 8:45 am]
certificate holder, with a pitch housing (3) For operations conducted under a 14 BILLING CODE 4910–13–P
assembly (pitch housing) part number (P/N) CFR part 119 operating certificate or under
145R2075–11, 145R2075–12, 145R2075–13, 14 CFR part 91, subpart K, we suggest that
145R2075–14, 145R2075–15, 145R2075–16, you notify your principal inspector, or
234R2075–1, or 234R2075–2 installed, lacking a principal inspector, the manager of DEPARTMENT OF THE INTERIOR
certificated in any category. the local flight standards district office or
certificate holding district office before National Indian Gaming Commission
(b) Unsafe Condition operating any aircraft complying with this
This AD defines the unsafe condition as a AD through an AMOC. 25 CFR Part 542
crack in a pitch housing lug. This condition
could result in loss of a rotor blade and (g) Additional Information RIN 3141–AA55
consequent loss of helicopter control. Special Airworthiness Information Bulletin
SW–11–03, dated October 22, 2010 (SAIB); Minimum Internal Control Standards
(c) Effective Date Columbia Helicopters, Inc., Alert Service
This AD becomes effective September 17, Bulletin No. 234–62–A0012, Revision 2,
AGENCY: National Indian Gaming
2018. dated March 1, 2016; and Columbia Commission, Department of the Interior.
Helicopters, Inc., Alert Service Bulletin No. ACTION: Notification of final rulemaking;
(d) Compliance
47D–62–A0002, Revision 0, dated March 1, stay.
You are responsible for performing each 2016, which are not incorporated by
action required by this AD within the reference, contain additional information SUMMARY: The National Indian Gaming
specified compliance time unless it has about the subject of this AD. You may view Commission (NIGC) is suspending its
already been accomplished prior to that time. the SAIB on the internet at http:// minimum internal control standards
(e) Required Actions www.regulations.gov in the AD Docket. For (MICS) for Class III gaming under the
Columbia service information identified in
(1) Before further flight, remove from this final rule, contact Columbia Helicopters, Indian Gaming Regulatory Act. Updated
service any pitch housing P/N 145R2075–11, Inc., 14452 Arndt Road NE, Aurora, OR guidance for Class III MICS will now be
145R2075–12, 145R2075–13, 145R2075–14, 97002, telephone (503) 678–1222, fax (503) maintained at www.nigc.gov.
145R2075–15, 145R2075–16, 234R2075–1, 678–5841, or at http://www.colheli.com. You DATES: This rule is effective September
and 234R2075–2 that has accumulated 8,200 may view a copy of the referenced service
hours total time-in-service (TIS). 27, 2018. Title 25 CFR part 542 is stayed
information at the FAA, Office of the effective September 27, 2018.
(2) Before the pitch housing accumulates Regional Counsel, Southwest Region, 10101
200 hours TIS after the effective date of this Hillwood Pkwy, Room 6N–321, Fort Worth, FOR FURTHER INFORMATION CONTACT:
AD and thereafter at intervals not to exceed TX 76177. Jennifer Lawson at 202–632–7003 or
200 hours TIS, ultrasonic inspect the pitch write to info@nigc.gov.
housing for a crack in accordance with (h) Subject
Attachment 1, paragraphs F and H through K, SUPPLEMENTARY INFORMATION:
Joint Aircraft Service Component (JASC)
of Boeing Service Bulletin 145R2075–62– Code: 6220, Main Rotor Head. I. Background
0001, Revision 1, dated September 27, 2011.
If there is a crack, replace the pitch housing (i) Material Incorporated by Reference The NIGC Class III MICS were
before further flight. (1) The Director of the Federal Register promulgated in 1999 and last
(3) Within 400 hours TIS after the effective approved the incorporation by reference of substantively revised in 2005. In 2006,
date of this AD or before the pitch housing the service information listed in this the D.C. Circuit Court of Appeals in
has accumulated 4,000 hours total TIS, paragraph under 5 U.S.C. 552(a) and 1 CFR Colorado River Indian Tribes v. Nat’l
whichever occurs later, and thereafter at part 51.
intervals not to exceed 500 hours TIS, eddy
Indian Gaming Comm’n, 466 F.3d 134
(2) You must use this service information
current inspect the pitch housing for a crack. as applicable to do the actions required by (CRIT v. NIGC), held that NIGC lacked
If there is a crack, replace the pitch housing this AD, unless the AD specifies otherwise. authority to enforce or promulgate Class
before further flight. The eddy current (i) Boeing Service Bulletin 145R2075–62– III MICS. Since that time, the Class III
inspection must be accomplished using a 0001, Revision 1, dated September 27, 2011. MICS have remained untouched.
method approved by the Manager, Seattle (ii) Reserved. Technology has advanced rapidly,
ACO Branch, or by the Manager, Denver ACO (3) For Boeing Helicopters service though, making some standards obsolete
Branch. For a repair method to be approved information identified in this AD, contact and introducing new areas of risk not
as required by this AD, the manager’s Boeing Helicopters, The Boeing Company, 1 contemplated by the outdated
approval letter must specifically refer to this S. Stewart Avenue, Ridley Park, PA 19078,
AD. telephone 610–591–2121. standards. And yet, many tribal-state
(4) You may view this service information compacts—even those entered into
(f) Alternative Methods of Compliance at FAA, Office of the Regional Counsel, since 2006—continue to adopt NIGC
(AMOCs) Southwest Region, 10101 Hillwood Pkwy, Class III MICS by reference.
(1) For operators of helicopters with type Room 6N–321, Fort Worth, TX 76177. For
certificates issued by the Denver Aircraft information on the availability of this II. Development of the Rule
Certificate Office or ACO Branch, the material at the FAA, call (817) 222–5110. In light of the ruling in CRIT v. NIGC
sradovich on DSK3GMQ082PROD with RULES
manager of the Denver ACO Branch, FAA, (5) You may view this service information and recognizing the industry’s need for
may approve AMOCs for this AD. Send your that is incorporated by reference at the updated standards, the NIGC sought
proposal to: Greg Johnson, Senior Aerospace National Archives and Records
Engineer, Denver ACO Branch, Compliance Administration (NARA). For information on comment on what to do with the
and Airworthiness Division, FAA, 26805 East the availability of this material at NARA, call outdated standards still remaining in
68th Avenue, Denver, CO 80249; phone: 303– (202) 741–6030, or go to: http:// the regulations and whether to draft
342–1083; fax: 303–342–1088; email: www.archives.gov/federal-register/cfr/ibr- updated, non-binding guidance for Class
Gregory.Johnson@faa.gov. locations.html. III MICS. Between 2015 and 2016, over
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![Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39879
non-binding guidance on Class III scheduling change, a change of dates is Pacific (SMART) railroad bridge across
Minimum Internal Control Standards necessary to the dates previously the Petaluma River, mile 12.4, at
may be found at www.nigc.gov. published in the Code of Federal Haystack Landing (Petaluma), CA. This
■ 3. Effective September 27, 2018, part Regulations (CFR) for the biennially deviation will be a second test of a
542 is stayed. scheduled Baltimore Air Show, as listed change to the drawbridge operation
in the table to 33 CFR 100.501. The date schedule to determine whether a
Dated: July 18, 2018.
of the event for this year is changed to permanent change to the schedule is
Jonodev O. Chaudhuri, October 4, 2018, through October 7, appropriate. This test deviation will
Chairman. 2018. The Coast Guard will enforce the modify the existing regulation to add an
Dated: July 18, 2018. special local regulations in 33 CFR advance notification requirement for
Kathryn Isom-Clause, 100.501 for the Baltimore Air Show obtaining bridge openings.
Vice Chair. regulated area from 11 a.m. through 5 DATES: This deviation is effective from
[FR Doc. 2018–16254 Filed 8–10–18; 8:45 am] p.m. on October 4, 2018, from 10:30 6 a.m. on August 20, 2018 to 6 a.m. on
BILLING CODE 7565–01–P a.m. through 5 p.m. on October 5, 2018, October 18, 2018.
from 11 a.m. through 5 p.m. on October Comments and related materials must
6, 2018, and from 11 a.m. through 5 reach the Coast Guard on or before
DEPARTMENT OF HOMELAND p.m. on October 7, 2018. Our regulation November 1, 2018.
SECURITY for marine events within the Fifth Coast ADDRESSES: You may submit comments
Guard District, § 100.501, specifies the identified by docket number USCG–
Coast Guard location of the regulated area for the 2018–0091 using Federal eRulemaking
Baltimore Air Show, which Portal at http://www.regulations.gov.
33 CFR Part 100 encompasses portions of the Patapsco See the ‘‘Public Participation and
River, at Baltimore, MD. Request for Comments’’ portion of the
[Docket No. USCG–2018–0725] This action is being taken to provide SUPPLEMENTARY INFORMATION section
for the safety of life on navigable below for instructions on submitting
Special Local Regulations; Marine waterways during the event. As
Events Within the Fifth Coast Guard comments.
specified in § 100.501(c), during the
District enforcement period, the Coast Guard FOR FURTHER INFORMATION CONTACT: If
patrol commander or designated marine you have questions on this test
AGENCY: Coast Guard, DHS.
event patrol may forbid and control the deviation, call or email Carl T. Hausner,
ACTION: Notice of enforcement of Chief, Bridge Section, Eleventh Coast
regulation. movement of all vessels in the regulated
area. Vessel operators may request Guard District; telephone 510–437–
SUMMARY: The Coast Guard will enforce permission to enter and transit through 3516; email Carl.T.Hausner@uscg.mil.
special local regulations for the a regulated area by contacting the Coast SUPPLEMENTARY INFORMATION:
Baltimore Air Show from October 4, Guard patrol commander on VHF–FM I. Background, Purpose and Legal Basis
2018, through October 7, 2018, to channel 16.
provide for the safety of life on In addition to this notice of On March 2, 2018, the Coast Guard
navigable waterways during the event. enforcement in the Federal Register, the published a Test Deviation entitled
Our regulation for marine events within Coast Guard plans to provide Petaluma River, Haystack Landing
the Fifth Coast Guard District identifies notification of this enforcement period (Petaluma), CA in the Federal Register
the regulated area for the event. During via the Local Notice to Mariners and (83 FR 8936). We received five
the enforcement period, the Coast Guard marine information broadcasts. comments on this rule. Four of the five
patrol commander or designated marine comments submitted, concerning the
Dated: August 7, 2018.
event patrol may forbid and control the test deviation, addressed the 2-hour
Joseph B. Loring, advance notification. The commenters
movement of all vessels in the regulated Captain, U.S. Coast Guard, Captain of the
area. stated that the lengthy advance
Port Maryland-National Capital Region. notification would be a burden on
DATES: The regulations in 33 CFR [FR Doc. 2018–17282 Filed 8–10–18; 8:45 am] waterway users. The fifth comment was
100.501 will be enforced for the BILLING CODE 9110–04–P directed at the structural deficiency of a
Baltimore Air Show regulated area
number of dams in the United States;
listed in item b.23 in the table to
this comment is not pertinent to this
§ 100.501 from 11 a.m. through 5 p.m. DEPARTMENT OF HOMELAND deviation.
on October 4, 2018, from 10:30 a.m. SECURITY Sonoma-Marin Area Rail Transit
through 5 p.m. on October 5, 2018, from (SMART) owns the Northwestern
11 a.m. through 5 p.m. on October 6, Coast Guard
Pacific railroad bridge across the
2018, and from 11 a.m. through 5 p.m. Petaluma River, mile 12.4, at Haystack
on October 7, 2018. 33 CFR Part 117
Landing (Petaluma), CA. The bridge has
FOR FURTHER INFORMATION CONTACT: If [Docket No. USCG–2018–0091] a vertical clearance of 3.6 feet above
you have questions about this notice of mean high water in the closed-to-
enforcement, call or email Mr. Ron Drawbridge Operation Regulation; navigation position and unlimited
Houck, U.S. Coast Guard Sector Petaluma River, Haystack Landing vertical clearance in the open-to-
Maryland-National Capital Region (Petaluma), CA navigation position, and currently
sradovich on DSK3GMQ082PROD with RULES
(WWM Division); telephone 410–576– AGENCY: Coast Guard, DHS. operates under 33 CFR 117.187(a).
2674, email Ronald.L.Houck@uscg.mil. The duration of this initial test
ACTION: Notice of temporary deviation
SUPPLEMENTARY INFORMATION: The Coast from regulations; request for comments. deviation was 90 days. During this
Guard was notified by the Historic initial test, according to drawtender
Ships in Baltimore, Inc., on February 6, SUMMARY: The Coast Guard has issued a logs, 96 vessels requested openings and
2018, through submission of a marine temporary deviation from the operating passed through the bridge. At no time
event application that, due to a schedule that governs the Northwestern was a 2-hour notice given to the
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Document Created: 2018-08-11 00:27:19
Document Modified: 2018-08-11 00:27:19
| 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 | Notification of final rulemaking; stay. | |
| Dates | This rule is effective September 27, 2018. Title 25 CFR part 542 is stayed effective September 27, 2018. | |
| Contact | Jennifer Lawson at 202-632-7003 or write to [email protected] | |
| FR Citation | 83 FR 39877 | |
| RIN Number | 3141-AA55 | |
| CFR Associated | Accounting; Administrative Practice and Procedure; Gambling; Indian-Indian Lands and Reporting and Recordkeeping Requirements |
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