[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Proposed Rules]
[Pages 80846-80847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33028]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 502
RIN 3141-AA43
Definition of Enforcement Action
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action proposes to amend NIGC regulations to include
definitions for ``enforcement action''. The Indian Gaming Regulatory
Act authorizes the NIGC to take certain actions in regard to violations
of the Act, NIGC regulations, and tribal gaming ordinances. However,
current NIGC regulations do not provide a definition for such actions.
The Commission believes that providing a definition for these actions
will provide clarity to persons subject to them. Therefore, a
definition of ``enforcement action'' is proposed in this notice.
DATES: The agency must receive comments on or before February 27, 2012.
ADDRESSES: You may submit comments by any one of the following methods,
however, please note that comments sent by electronic mail are strongly
encouraged.
Email comments to: reg.review@nigc.gov.
Mail comments to: National Indian Gaming Commission, 1441
L Street NW., Suite 9100, Washington, DC 20005.
Hand deliver comments to: National Indian Gaming
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005.
Fax comments to: National Indian Gaming Commission at
(202) 632-0045.
FOR FURTHER INFORMATION CONTACT: National Indian Gaming Commission,
1441 L Street NW., Suite 9100 Washington, DC 20005. Telephone: (202)
632-7009; email: reg.review@nigc.gov.
SUPPLEMENTARY INFORMATION:
I. Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal.
II. 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 establishes the National Indian Gaming Commission (``Commission'')
and sets out a comprehensive framework for the regulation of gaming on
Indian lands. The purposes of IGRA 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.
On November 18, 2010, the National Indian Gaming Commission (NIGC)
issued a Notice of Inquiry and Notice of Consultation (NOI) advising
the public that the NIGC was conducting a comprehensive review of its
regulations and requesting public comment on which of its regulations
were most in need of revision, in what order the Commission should
review its regulations, and the process NIGC should utilize to make
revisions. 75 FR 70680 (Nov. 18, 2010). On April 4, 2011, after holding
eight consultations and reviewing all comments, NIGC published a Notice
of Regulatory Review Schedule (NRR) setting out a consultation schedule
and process for review. 76 FR 18457. The Commission's regulatory review
process established a tribal consultation schedule with a description
of the regulation groups to be covered at each consultation. Part 573
was included in this regulatory review.
III. Development of the Proposed Rule
The Commission conducted a total of 10 tribal consultations as part
of its review of Part 573. Tribal consultations were held in every
region of the country and were attended by over 176 tribes and 463
tribal leaders or their representatives. In addition to tribal
consultations, on June 28, 2011, the
[[Page 80847]]
Commission requested public comment on a Preliminary Draft of
amendments to Part 573. After considering the comments received from
the public and through tribal consultations, the Commission realized
that to supplement the amendments made to Part 573, a definition of
``enforcement action'' needed to be added to Part 502.
A. ``Enforcement Action''
The current NIGC regulations do not provide a definition for
``enforcement action.'' The Commission believes that providing a
definition for ``enforcement action'' will provide clarity to persons
subject to enforcement actions by the NIGC.
Regulatory Matters
Regulatory Flexibility Act
The proposed 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 proposed rule is not a major rule under the Small Business
Regulatory Enforcement Fairness Act, 5 U.S.C. 804(2). 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 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 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 has
determined that the proposed 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 the proposed 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
This proposed rule does not require information collection under
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq., and is
therefore not subject to review by the Office of Management and Budget.
List of Subject in 25 CFR Part 502
Enforcement Actions.
For the reasons stated in the preamble, the National Indian Gaming
Commission proposes to amend 15 CFR part 502 as follows:
1. The authority citation for part 502 is revised to read as
follows:
Authority: 25 U.S.C. 2706(b)(10); 2713.
2. Add Sec. 502.24 to read as follows:
Sec. 502.24 Enforcement action
Enforcement action means any action taken by the Chair under 25
U.S.C. 2713 against any person engaged in gaming, for a violation of
any provision of IGRA, the regulations of this chapter, or tribal
regulations, ordinances, or resolutions approved under 25 U.S.C. 2710
or 2712 of IGRA, including, but not limited to, the following: a notice
of violation; a civil fine assessment; or an order for temporary
closure.
Dated: December 16, 2011, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2011-33028 Filed 12-23-11; 8:45 am]
BILLING CODE 7565-02-P