46228 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Proposed Rules

SUMMARY: This notice announces the

initiation of the rulemaking process and

requests information relevant to

amending the National Indian Gaming

Commission’s (NIGC) definition

regulations located at 25 CFR 502.7 and

502.8. These regulations define key

terms in the Indian Gaming Regulatory

Act of 1988. The regulations are

intended to provide guidance to tribes,

their attorneys, enforcement personnel

and others interested in Indian gaming.

The Commission is inviting the public

to comment and assist the NIGC in

determining the need, if any, for

additional rules governing this area.

DATES: Comments in response to this

advance notice must be submitted by

November 3, 1997.

ADDRESSES: Commenters may submit

their comments by mail, facsimile, or

delivery to: Definition Rule Comments,

National Indian Gaming Commission,

Suite 9100, 1441 L Street NW.,

Washington, DC 20005. Fax number:

202–632–7066 (not a toll-free number).

Public comments may be delivered or

inspected from 9 a.m. until noon and

from 2 p.m. to 5 p.m. Monday through

Friday.

FOR FURTHER INFORMATION CONTACT:

Darla M. Silva at 202–632–7003, or by

facsimile at 202–632–7066 (not toll-free

numbers).

SUPPLEMENTARY INFORMATION:

1. Introduction

The Indian Gaming Regulatory Act

(IGRA, or the Act), 25 U.S.C. § 2701 et

seq., was signed into law on October 17,

1988. The Act established the National

Indian Gaming Commission (the

Commission). IGRA was enacted to

establish a comprehensive system for

regulating gambling activities on Indian

lands. IGRA divides gaming into three

categories or classes. Class I gaming

consists of social gaming for minimal

prizes and traditional gaming and is

regulated exclusively by the tribes. 25

U.S.C. 2703(6), 2710(a)(1). Class II

gaming consists of bingo, pull-tabs,

bingo-like games, and non-banking card

games. 25 U.S.C. 2703(7)(A). A tribe

may conduct, license, and regulate class

II gaming if: (1) The state in which the

tribe is located permits such gaming for

any purpose by any person,

organization, or entity; and (2) the

governing body of the tribe adopts a

gaming ordinance which is approved by

the Chairman of the National Indian

Gaming Commission. 25 U.S.C. 2710

(a)(2) and (b).

All forms of gaming not included in

either class I or class II, such as banking

card games (e.g., blackjack), casino

games, slot machines, and electronic

facsimiles of any game of chance are

designated as class III gaming under the

IGRA. 25 U.S.C. 2703(8). Class III

gaming may lawfully be conducted by

an Indian tribe if: (1) The state in which

the tribe is located permits such gaming

for any purpose by any person,

organization, or entity; (2) the tribe and

the state have negotiated a tribal-state

compact which has been approved by

the Secretary of the Interior; and (3) the

tribe has adopted a gaming ordinance

which has been approved by the

Chairman of the Commission. 25 U.S.C.

2710(d)(1).

The IGRA expressly authorizes the

Commission to ‘‘promulgate such

regulations and guidelines as it deems

appropriate to implement the provisions

of this [Act].’’ 25 U.S.C. 2706(b)(10). On

April 9, 1992, the Commission

published final rules (57 FR 12392)

defining key statutory terms, including

‘‘electronic, computer or other

technologic aid’’ and ‘‘electronic or

electromechanical facsimile’’. The

current definitions are as follows:

Electronic, computer or other technologic

aid means a device such as a computer,

telephone, cable, television, satellite or bingo

blower and that when used—

(a) Is not a game of chance but merely

assist a player or the playing of a game;

(b) Is readily distinguishable from the

playing of a game of chance on an electronic

or electromechanical facsimile; and

(c) Is operated according to applicable

Federal communications law. 25 CFR 502.7.

Electronic or Electromechanical facsimile

means any gambling device as defined in 15

U.S.C. § 1171(a) (2) or (3). 25 CFR 502.8.

Since the adoption of these

regulations, there has been controversy

regarding what constitutes an ‘‘aid’’ and

a ‘‘facsimile’’ and the difference

between them. The Commission is

requesting public comments to assist in

its evaluation of whether amendment of

its current regulations is necessary.

2. Advance Notice of Proposed

Rulemaking

After consideration of this issue, the

NIGC has determined that the

appropriate course of action is to

publish an Advance Notice of Proposed

Rulemaking to collect further

information. Concurrently with the

collection of this information, the

Agency will enforce existing

regulations.

The issue of how best to amend the

current regulations, if at all, is a

question with implications for tribal

governments, state governments and

other Federal officials. Before the

Commission proceeds in this area, it

intends to have the benefit of a full

airing of the issues through the public

comment process.

3. Request for Comments

Public comment is requested to assist

the NIGC in its evaluation of the

decision to amend its current definition

regulations. Comment is requested on

the following issues:

(1) The effectiveness of the current

regulations is distinguishing between a

class II aid and a class III facsimile;

(2) Any suggestions for alternative

definitions and/or interpretations.

4. Public Participation

Interested parties are invited to

submit comments on any or all of these

and other pertinent issues related to

amending the current definition

regulations by November 3, 1997, in

quadruplicate to the Definition Rule

Comments, National Indian Gaming

Commission, Suite 9100, 1441 L Street

NW., Washington, DC 20005. Fax

number: 202–632–7066 (not a toll-free

number). All written comments

submitted in response to this notice will

be available for inspection and copying

in the NIGC office from 9 a.m. until

noon and from 2 p.m. to 5 p.m. Monday

through Friday. All timely written

submissions will be considered in

determining the nature of any proposal.

Authority and Signature

This advance notice of proposed

rulemaking was prepared under the

direction of Tom Foley, Vice Chairman,

National Indian Gaming Commission,

1441 L St., NW., Suite 9100,

Washington, DC 20005.

Signed at Washington, DC this 21st day of

August, 1997.

Tom Foley,

Vice Chairman, National Indian Gaming

Commission.

[FR Doc. 97–22725 Filed 8–29–97; 8:45 am]

BILLING CODE 7565–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD040–3018b; FRL–5881–7]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland; Control of Volatile Organic

Compound Emissions From Sheet-Fed

and Web Lithographic Printing and

Paper Coatings

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revision submitted by the State of
Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Proposed Rules 46229

Maryland for the purpose of establishing

volatile organic compound (VOC)

emission control requirements for sheetfed and web lithographic printing and

amending control requirements for

paper, fabric, vinyl and plastic parts

coating. In the Final Rules section of

this Federal Register, EPA is approving

the State’s SIP revision as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

SIP revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments must be received in

writing by October 2, 1997.

ADDRESSES: Written comments on this

action should be addressed to David L.

Arnold, Chief, Ozone/CO and Mobile

Sources Section, Mailcode 3AT21, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107 and the Maryland Department of

the Environment, 2500 Broening

Highway, Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT:

Carolyn M. Donahue, (215) 566–2095, at

the EPA Region III office address listed

above, or via e-mail at

donahue.carolyn@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region III address.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title, pertaining to

Maryland’s sheet-fed and web

lithographic printing regulations, which

is located in the Rules and Regulations

Section of this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: August 15, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 97–23029 Filed 8–29–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5883–5]

Approval and Promulgation of Air

Quality Implementation Plans; Rhode

Island; Reasonably Available Control

Technology for Nitrogen Oxides

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision submitted by the State of Rhode

Island. This revision establishes and

requires Reasonably Available Control

Technology (RACT) at stationary

sources of nitrogen oxides (NOX). In the

Final Rules Section of this Federal

Register, EPA is approving the State’s

SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this proposal. Any parties interested

in commenting on this proposal should

do so at this time.

DATES: Comments must be received on

or before October 2, 1997.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Bldg.,

Boston, MA 02203. Copies of the State

submittal and EPA’s technical support

document are available for public

inspection during normal business

hours, by appointment at the Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA, and Division of Air

and Hazardous Materials, Rhode Island

Department of Environmental

Management, 291 Promenade Street,

Providence, RI 02908–5767.

FOR FURTHER INFORMATION CONTACT:

Steven A. Rapp, Environmental

Engineer, Air Quality Planning Unit

(CAQ), U.S. EPA, Region I, JFK Federal

Building, Boston, MA 02203–2211;

(617) 565–2773;

Rapp.Steve@EPAMAIL.EPA.GOV.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the Rules

Section of this Federal Register.

Authority: 42 U.S.C. 7401—7671q.

Dated: August 19, 1997.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 97–23229 Filed 8–29–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[AZ–001–BU; FRL–5886–7]

Clean Air Act Reclassification;

Arizona—Phoenix Nonattainment Area;

Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to determine

that the Phoenix, Arizona moderate

ozone nonattainment area has not

attained the 1-hour ozone national

ambient air quality standard (NAAQS)

by the Clean Air Act (CAA) mandated

attainment date for moderate

nonattainment areas, November 15,

1996. EPA also proposes to deny the

State of Arizona’s application for a oneyear extension of the November 15,

1996 attainment date for the Phoenix

area. The proposed determination and

denial are based in whole or in part on

EPA’s review of monitored air quality

data from 1994 through 1996 for

compliance with the 1-hour ozone

NAAQS. If EPA takes final action on the

determination and denial as proposed,

the Phoenix ozone nonattainment area

will be reclassified by operation of law

as a serious nonattainment area. The

effect of such a reclassification would be

to continue progress toward attainment

of the 1-hour ozone NAAQS through the

development of a new State

implementation plan (SIP) addressing

attainment of that standard by

November 15, 1999.

DATES: Comments on this proposal must

be received in writing by October 2,

1997. Comments should be addressed to

the contact listed below.

ADDRESSES: Copies of the State

extension request, EPA’s draft technical

support document for this rulemaking,

and EPA’s policies governing attainment

findings and extension requests are

contained in the docket for this

rulemaking. A copy of this notice is also