Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices 13017 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Jean Sonneman, 

Information Collection Clearance Officer, 

Bureau of Land Management. 

[FR Doc. 2015–05623 Filed 3–11–15; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[145A21000DDAAK3000000/

A0T00000.00000] 

Tohono O’odham Nation of Arizona’s 

Title 21—Liquor, Chapter 1—Alcoholic 

Beverage Licensing and Control 

(Chapter) 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

amendment to the Tohono O’odham 

Nation’s Title 21—Liquor, Chapter 1— 

Alcoholic Beverage Licensing and 

Control (Chapter). This Chapter amends 

the existing Chapter 1—Alcoholic 

Beverages Licensing and Control 

Ordinance, Ordinance No. 05–82, 

enacted by the Papago Tribal Council, 

which was published in the Federal 

Register on October 27, 1982 (47 FR 

47687). 

DATES: Effective Date: This code shall 

become effective 30 days after March 12, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Sharlot Johnson, Tribal Government 

Services Officer, Western Regional 

Office, Bureau of Indian Affairs, 2600 

North Central Avenue, Phoenix, AZ 

85004, Telephone: (602) 379–6786, Fax: 

(602) 379–379–4100; or Laurel Iron 

Cloud, Chief, Division of Tribal 

Government Services, Office of Indian 

Services, Bureau of Indian Affairs, 1849 

C Street NW., MS–4513–MIB, 

Washington, DC 20240, Telephone (202) 

513–7641. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S. C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

On January 16, 2015, the Tohono 

O’odham Legislative Council of the 

Tohono O’odham Nation duly adopted 

the amendments to the Nation’s Title 

21—Liquor, Chapter 1—Alcoholic 

Beverage Licensing and Control 

(Chapter) by Resolution NO. 15–015. 

This Federal Register Notice amends 

and supersedes the Alcoholic Beverages 

Licensing and Control Ordinance No. 

05–82, enacted by the Papago Tribal 

Council, published in the Federal 

Register on October 27, 1982 (47 FR 

47687). 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that the Legislative Council of 

the Tohono O’odham Nation of Arizona 

duly adopted this amendment to the 

Nation’s Title 21—Liquor, Chapter 1— 

Alcoholic Beverage Licensing and 

Control (Chapter) on January 16, 2015. 

Dated: March 6, 2015. 

Kevin Washburn, 

Assistant Secretary—Indian Affairs. 

The Tohono O’odham Nation’s Title 

21—Liquor, Chapter 1—Alcoholic 

Beverage Licensing and Control 

(Chapter), as amended, shall read as 

follows: 

TITLE 21—LIQUOR 

CHAPTER 1—ALCOHOLIC 

BEVERAGES LICENSING AND 

CONTROL 

Statement of Purpose: A chapter 

alternatively prohibiting or sanctioning 

and licensing the introduction, sale, 

possession and consumption of 

alcoholic beverages within the exterior 

boundaries of the Tohono O’odham 

Reservation, Arizona. 

ARTICLE I—TITLE; 

INTERPRETATION; PROHIBITION; 

DISTRICT OPTION; SANCTION 

Section 1101 Short Title 

This chapter may be cited as 21 

T.O.C. Chapter 1—Alcoholic Beverages 

Licensing and Control. 

Section 1102 Interpretation 

This chapter shall be deemed an 

exercise of the police power of the 

Tohono O’odham Nation for the 

protection of the public welfare, health 

peace and morals of the people of the 

Tohono O’odham Reservation and all 

provisions of this chapter shall be 

liberally construed for the 

accomplishment of this purpose. 

Section 1103 Prohibition 

The introduction, sale, possession and 

consumption of spirituous liquor within 

the exterior boundaries of the Tohono 

O’odham Reservation in violation of the 

federal Indian liquor laws, 18 U.S. C. 

1154 and 1156, or in violation of the 

Criminal Code of the Tohono O’odham 

Nation is prohibited, except within the 

exterior boundaries of any of the twelve 

(12) Districts of the Tohono O’odham 

Nation which have, in accordance with 

the provisions of Section 1104 of this 

Article, sanctioned the introduction, 

sale, possession and consumption of 

spirituous liquor within the District in 

conformity with this chapter. 

Section 1104 District Option 

Each of the 12 Districts of the Tohono 

O’odham Nation are empowered to 

sanction the introduction, sale, 

possession and consumption of 

spirituous liquor within the exterior 

boundaries of the District in conformity 

with this chapter as follows: 

District Council: The District Council 

may by action of a majority of its 

members sanction the introduction, 

sale, possession and consumption 

of spirituous liquor within the 

exterior boundaries of the District. 

The action of the District Council 

shall be memorialized by formal 

resolution and shall be submitted to 

the Tohono O’odham Legislative 

Council for approval. Upon 

approval of the resolution by the 

Legislative Council, the 

introduction, sale, possession and 

consumption of spirituous liquor in 

conformity with this chapter shall 

be lawful within the exterior 

boundaries of the District. 

(A) Election: The question of whether 

a District should sanction the 

introduction, sale, possession and 

consumption of spirituous liquor 

within the exterior boundaries of 

the District in conformity with this 

chapter shall be put to a referendum 

vote of the registered voters of the 

District upon receipt by the Tohono 

O’odham Election Board (1) of a 

resolution of the District Council 

requesting such referendum 

election, or (2) of a petition of 

registered voters of the District 

requesting such referendum 

election signed by at least ten per 

cent of the number of voters voting 

for candidates for the office of 

Representative to the Legislative 

Council from the District at the last 

general election of the Tohono 

O’odham Nation. Upon receipt of a 

petition the Election Board shall 

determine whether a sufficient 

number of registered voters from 

the District have signed the 

petition. If the resolution or valid 

petition is received by the Election 

Board within 180 days prior to the 


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general election of the Tohono 

O’odham Nation, the referendum 

ballot shall be submitted to the 

voters at the general election. If the 

resolution or petition is received by 

the Board at any other time, it shall 

conduct a special referendum 

election in the District within 

ninety days of receipt of the 

resolution or valid petition in 

conformity with the Uniform 

Election Chapter on a date 

designated by the District Council. 

The referendum ballot shall contain 

the following question: 

‘‘Shall the introduction, sale, 

possession and consumption of 

spirituous liquor be made lawful 

within the exterior boundaries of 

this District in conformity with the 

Alcoholic Beverages Licensing and 

Control Chapter of the Tohono 

O’odham Nation?’’ 

The registered voters of the District 

shall vote on said question, those in 

favor voting ‘‘Yes’’ on their ballots and 

those opposed ‘‘No’’, and the Election 

Board shall determine the number of 

votes cast for and against the 

referendum measure, and shall issue 

and post its Certificate of Election 

Results in conformity with the Uniform 

Election Chapter. If a majority of the 

votes cast was in favor of the 

referendum measure, the Legislative 

Council shall at its next meeting issue 

its certificate of election and the 

introduction, sale, possession and 

consumption of spirituous liquor in 

conformity with this chapter shall 

thereafter be lawful within the exterior 

boundaries of the District. 

Section 1105 Sanction 

The introduction, sale, possession and 

consumption of spirituous liquor shall 

be lawful within the exterior boundaries 

of any of the twelve (12) Districts of the 

Tohono O’odham Reservation which 

have, in accordance with the provisions 

of Section 1104 of this Article, 

sanctioned the introduction, sale, 

possession and consumption of 

spirituous liquor within their respective 

Districts in conformity with this 

chapter. The federal Indian liquor laws 

shall, however, remain applicable to any 

act or transaction which is not in 

conformity with this chapter. Violations 

of this chapter by any person may be 

subject to federal prosecution as well as 

legal action in the Tohono O’odham 

Judicial Courts. 

ARTICLE II—DEFINITIONS 

In this chapter, unless the context 

otherwise requires: 

(A) ‘‘Beer’’ means any beverage 

obtained by the alcoholic fermentation, 

infusion or decoction of barley, malt, 

hops, or other ingredients not drinkable, 

or any combination of them. 

(B) ‘‘Broken package’’ means any 

container of spirituous liquor on which 

the United States tax seal has been 

broken or removed, or from which the 

cap, cork or seal placed thereupon by 

the manufacturer has been removed. 

(C) ‘‘Commission’’ means the liquor 

licenses and control commission of the 

Tohono O’odham Nation. 

(D) ‘‘Election days’’ means the 

biennial primary election for the 

nomination of United States, state, 

county and precinct officers, a special 

election called pursuant to Section 1, 

Article 21 of the Constitution of the 

State of Arizona, the biennial general 

election of the State of Arizona, and the 

biennial primary or general elections 

and any special elections of the Tohono 

O’odham Nation, and any Secretarial 

election called pursuant to Section 16 of 

the Indian Reorganization Act of June 

18, 1934, as amended. 

(E) ‘‘License’’ or ‘‘Tribal License’’ 

means a license issued pursuant to the 

provisions of this chapter. 

(F) ‘‘Licensee’’ or ‘‘Tribal licensee’’ 

means a person who has been issued a 

license pursuant to the provisions of 

this chapter. 

(G) ‘‘Off-sale retailer’’ means any 

person operating an established general 

merchandise or retail store selling 

groceries and commodities other than 

spirituous liquors and engaged in the 

sale of spirituous liquors only in the 

original package, to be taken away from 

the store premises and to be consumed 

off the premises. 

(H) ‘‘On-sale retailer’’ means any 

person operating an establishment 

where spirituous liquors are sold in the 

original container for consumption on 

or off the premises and in individual 

portions for consumption on the 

premises. 

(I) ‘‘Person’’ includes partnership, 

associations, company or corporation, as 

well as a natural person. 

(J) ‘‘Premises’’ or ‘‘Licensed premises’’ 

means the area from which the licensee 

is authorized to sell, dispense or serve 

spirituous liquors under the provisions 

of the license. 

(K) ‘‘Sanctioning District’’ means any 

of the twelve (12) Districts of the 

Tohono O’odham Reservation which 

have sanctioned the introduction, sale, 

possession and consumption of 

spirituous liquor within the District in 

conformity with this chapter, in 

accordance with the provisions of 

Section 1104 of Article I of this chapter. 

(L) ‘‘Sell’’ includes soliciting or 

receiving an order for, keeping or 

exposing for sale, delivering for value, 

peddling, keeping with intent to sell 

and trafficking in. 

(M) ‘‘Spirituous liquor’’ includes 

alcohol, brandy, whiskey, rum, tequila, 

mescal, gin, wine, porter, ale, beer, any 

malt liquor, malt beverage, absinthe or 

compound or mixture of any of them, or 

of any of them with any vegetable or 

other substance, alcohol bitters, bitters 

containing alcohol, and any liquid 

mixture or preparation, whether 

patented or otherwise, which produces 

intoxication, fruits preserved in ardent 

spirits, and beverages containing more 

than 1/2 of 1 per cent of alcohol by 

volume. 

(N) ‘‘Wines’’ means the product 

obtained by the fermentation of grapes 

or other agricultural products 

containing natural or added sugar or any 

such alcoholic beverage fortified with 

grape brandy and containing not more 

than 24 per cent of alcohol by volume. 

ARTICLE III—UNLAWFUL ACTS 

It is unlawful within the exterior 

boundaries of a sanctioning District: 

Section 1301 For a person to have in 

his possession or custody or under his 

control a still or distilling apparatus, 

and any mash, wort or wash, for 

distillation or for the production of 

spirits or alcohol, and any still, 

distilling apparatus, mash, wort, wash 

or finished product produced therefrom 

found on or within the exterior 

boundaries of the Tohono O’odham 

Reservation shall be forfeited to the 

Tohono O’odham Nation, and shall 

forthwith be destroyed by the Tohono 

O’odham Police. 

Section 1302 For a person to buy for 

resale, sell or deal in spirituous liquors 

on or within the exterior boundaries of 

a sanctioning District, without first 

having procured a valid license issued 

by the commission or otherwise first 

complying with the provisions of this 

chapter. 

Section 1303 For any person, except 

the commission, to import spirituous 

liquors into the Tohono O’odham 

Reservation from a foreign country 

unless: 

(A) such person is over 21 years of 

age. 

(B) such person has been physically 

within such foreign country 

immediately prior to such importation 

and such importation coincides with his 

return from such foreign country. 

(C) the amount of spirituous liquor 

imported does not exceed the amount 

permitted under federal law to be 

imported duty free in any period of 

thirty-one days. 

Section 1304 For a person to take or 

solicit orders for spirituous liquors, 

except from or through the Tohono 


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O’odham liquor licenses and control 

commission, or in accordance with any 

regulation of such commission. 

Section 1305 For a licensee, or an 

officer or employee of a Tohono 

O’odham Liquor Store, to employ a 

person under the age of nineteen (19) 

years to manufacture, sell or dispose of 

spirituous liquors. The provisions of 

this paragraph shall not prohibit the 

employment by an off-sale retailer of 

persons who are at least sixteen years of 

age to check out, if supervised by a 

person on the premises who is at least 

nineteen years of age, package or carry 

merchandise, including spirituous 

liquor, in unbroken packages, for the 

convenience of the customer of the 

employer, if the employer sells 

primarily merchandise other than 

spirituous liquor. 

Section 1306 Except as provided in 

Sections 1305 and 1309, for a licensee, 

or an officer or employee of a Tohono 

O’odham Liquor Store, or any other 

person to sell, furnish, dispose of, give, 

or cause to be sold, furnished, disposed 

of or given, to any person under the age 

of 21 years, or for a person under the age 

of 21 years to buy, receive, have in his 

possession or consume spirituous 

liquors. This paragraph shall not 

prohibit the employment of an off-sale 

retailer of persons who are at least 

sixteen years of age to check out, if 

supervised by a person on the premises 

who is at least nineteen years of age, 

package or carry merchandise, including 

spirituous liquor, in unbroken packages, 

for the convenience of the customer of 

the employer, if the employer sells 

primarily merchandise other than 

spirituous liquor. It shall be the 

responsibility of the licensee or the 

manager of a Tohono O’odham Liquor 

Store, or their employees, and of anyone 

acting in their behalf to ascertain that 

the purchaser, acquirer or consumer of 

any intoxicating beverage, either by the 

drink or by the bottle or other container, 

is 21 years of age or older. 

Section 1307 For a person under 21 

years of age to offer or present to a 

licensee or their employees, or to 

officers of employees of a Tohono 

Liquor Store, or to other persons a 

fraudulent or false certificate of birth or 

other written evidence of age which is 

not actually his own, or to otherwise 

misrepresent his age for the purpose of 

inducing such licensee, manager or 

employee or other person to sell, give, 

serve or furnish spirituous liquors 

contrary to law. 

Section 1308 To influence or 

attempt to influence the sale, giving or 

serving of spirituous liquor to a person 

under 21 years of age by 

misrepresenting the age of such person 

or to order, request, receive or procure 

spirituous liquor from any licensee, 

employee or other person for the 

purpose of selling, giving or serving it 

to a person under 21 years of age. 

Section 1309 For an on-sale licensee 

to employ a person under the age of 21 

years in any capacity connected with 

the handling of spirituous liquors. 

Section 1310 For a licensee or an 

employee of a Tohono O’odham Liquor 

Store, when engaged in waiting on or 

serving customers, to consume 

spirituous liquor or remain on or about 

the premises while in an intoxicated or 

disorderly condition. 

Section 1311 For an employee of a 

licensee or of a Tohono O’odham Liquor 

Store, during his working hours or in 

connection with his employment, to 

give or purchase for any other person, 

accept a gift of, purchase for himself or 

consume spirituous liquor. 

Section 1312 For licensee or an 

employee thereof, or for a Tohono 

O’odham Liquor Store (except as in this 

chapter otherwise provided), or for any 

other person to sell or offer to sell, 

directly or indirectly, or to sanction the 

sale on credit of spirituous liquor, or to 

give, lend or advance money or 

anything of value to any person for the 

purpose of purchasing or bartering for, 

spirituous liquor, except that sales of 

spirituous liquor consumed on the 

licensed premises may be included on 

bills rendered to registered guests in 

hotels and motels, and spirituous liquor 

sales for on-premises consumption only 

in connection with a served meal may 

be made a part of charges to patrons of 

bona fide restaurants whose credit is 

based upon standard bona fide credit 

cards. 

Section 1313 For a licensee or a 

Tohono O’odham Liquor Store, or an 

employee thereof, or for any person to 

serve, sell, or furnish spirituous liquor 

to an intoxicated or disorderly person, 

or for a licensee or a Tohono O’odham 

Liquor Store, or employee thereof, to 

allow or permit an intoxicated or 

disorderly person to come into or 

remain on or about his premises. 

Section 1314 For a licensee or a 

Tohono O’odham Liquor Store, or an 

employee thereof, to sell, dispose of, 

deliver, or give spirituous liquor to a 

person, or allow a person to consume 

spirituous liquors on his premises 

during hours polling places are open for 

voting on election days, or between the 

hours of 1:00 o’clock a.m. and 6:00 

o’clock a.m. on weekdays and 1:00 

o’clock a.m. and 12:00 o’clock noon 

Sundays. 

Section 1315 For an off-sale retailer 

or a Tohono O’odham Liquor Store 

retailer to sell spirituous liquors except 

in the original container or to permit 

spirituous liquor to be consumed on the 

premises. 

Section 1316 For an on-sale retail 

licensee to employ a person for the 

purpose of soliciting the purchase of 

spirituous liquors by patrons of the 

establishment for themselves, on a 

percentage basis or otherwise. No 

licensee shall serve employees or allow 

a patron of the establishment to give 

spirituous liquor to, or to purchase 

liquor for or drink liquor with, any 

employee. 

Section 1317 For a person to 

consume spirituous liquor from a 

broken package in a public place, 

thoroughfare or gathering. This 

paragraph shall not apply to sale of 

spirituous liquors on the premises of 

and by an on-sale retail licensee. This 

paragraph shall also not apply to a 

person consuming beer from a broken 

package in a public recreation area, at a 

community feast house, park or meeting 

place pursuant to the customs of the 

community, or on private property with 

permission of the owner or lessor or on 

the walkways surrounding such private 

property. 

Section 1318 For a person to have in 

his possession or to transport spirituous 

liquor which is manufactured in a 

distillery, winery, brewery, or rectifying 

plant contrary to the laws of the United 

States. 

ARTICLE IV—LIQUOR LICENSES AND 

CONTROL COMMISSION 

Section 1401 Appointment of 

members; terms; payment 

There is created the liquor licenses 

and control commission which shall 

consist of three members appointed by 

the Legislative Council. Of the members 

first appointed, one shall be appointed 

for a term of three years, one for a term 

of two years, and one for a term of one 

year from the date of his appointment 

and until his successor shall have been 

appointed and qualified. Thereafter, all 

appointments shall be for terms of three 

years or until successors are appointed 

or qualified. No member of the 

commission, or any officer or employee 

of the commission shall be financially 

interested, directly or indirectly, in any 

business licensed to deal in spirituous 

liquor. The Legislative Council may 

remove any member of the commission 

for cause. The members of the 

commission shall appoint from among 

their membership a chairman and vice 

chairman, who shall serve at the 

pleasure of the commission. The 

majority of the commission shall 

constitute a quorum, but no decision of 

the commission on any matter shall be 


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valid unless made upon the concurrence 

of the majority of the members. 

Members of the commission shall be 

entitled to receive, upon presentation of 

proper vouchers, such per diem and 

mileage payments as the Legislative 

Council shall from time to time 

establish for its standing committees, 

boards and commissions. 

Section 1402 General powers of 

commission 

The commission shall have the 

following powers and duties: 

(A) To buy, import or have in its 

possession for sale, and sell spirituous 

liquor in the manner set forth in this 

chapter. 

(B) To have control and supervision of 

the purchase, importation, 

transportation and sale of spirituous 

liquor in accordance with the provisions 

of this chapter, and to fix the wholesale 

and retail prices at which spirituous 

liquors are to be sold at Tohono 

O’odham Liquor Stores: Provided, that 

in fixing the sales prices, the 

commission shall not give any 

preference or make any discriminations 

as to classes, brands or otherwise, 

except where special sales are deemed 

necessary to remove unsaleable 

merchandise, or except where the 

addition of a service or handling charge 

to the fixed sales price of any 

merchandise in the same comparable 

price bracket, regardless of class, brand 

or otherwise is, in the opinion of the 

commission, required for the efficient 

operation of the Tohono O’odham store 

system. 

(C) To determine the villages in 

sanctioning Districts within which 

Tohono O’odham Liquor Stores shall be 

established and locations of the stores 

within such villages. 

(D) To grant, issue, suspend and 

revoke all licenses authorized to be 

issued under this chapter and the 

regulations of the commission. 

(E) By regulation to require on-sale 

retailers to engage and provide security 

guards where deemed necessary by the 

commission to enforce the provisions of 

this chapter. 

(F) To acquire, lease, furnish and 

equip such buildings, rooms or other 

accommodations as shall be required for 

the operation of this chapter. 

(G) To appoint, fix the compensation 

and define the powers and duties of 

such managers, officers, clerks and other 

employees as shall be required for the 

operation of this chapter. 

(H) To determine the nature, form and 

capacity of all packages and original 

containers to be used for containing 

spirituous liquor. 

(I) Without in any way limiting or 

being limited by the foregoing, to do all 

such things and perform all such acts as 

are deemed necessary or advisable for 

the purpose of carrying into effect the 

provisions of this chapter and the 

regulations made thereunder. 

(J) Issue administrative rulings in 

response to a written inquiry from 

licensees or applicants regarding the 

application of this chapter. The 

inquiries shall state with specificity the 

facts involved in the question. The 

rulings shall be determinative of 

subsequent treatment of the matter and 

may be relied upon by the licensee or 

applicant until a regulation related to 

the subject of the inquiry is adopted. 

Any ruling remains in effect until a 

regulation related to the subject of the 

inquiry is adopted. 

(K) From time to time, to make such 

regulations not inconsistent with this 

chapter as it may deem necessary for the 

efficient administration of this chapter. 

The commission shall cause such 

regulations to be published and 

disseminated throughout the Tohono 

O’odham Reservation in such manner as 

it shall deem necessary and advisable. 

Such regulations adopted by the 

commission shall have the same force as 

if they formed a part of this chapter. 

(L) To investigate, whenever any 

person complains, or when the 

commission is aware that there is 

reasonable grounds to believe that 

spirituous liquor is being sold on 

premises not licensed under the 

provisions of this chapter. If the 

investigation produces evidence of the 

unlawful sale of spirituous liquor or of 

any other violation of the provisions of 

this chapter, the commission shall cause 

the prosecution of the person or persons 

believed to have been liable for the 

unlawful acts. 

Section 1403 Specific subjects on 

which commission may adopt 

regulations 

Subject to the provisions of this 

chapter and without limiting the general 

power conferred by the preceding 

section, the commission may make 

regulations regarding: 

(A) The equipment and management 

of Tohono O’odham Liquor Stores and 

warehouses in which spirituous liquor 

is kept or sold, and the books and 

records to be kept therein. 

(B) The duties and conduct of the 

officers and employees of the 

commission. 

(C) The purchase as provided in this 

chapter of spirituous liquor, and its 

supply to Tohono O’odham Liquor 

Stores. 

(D) The classes, varieties and brands 

of spirituous liquor to be kept and sold 

in Tohono O’odham Liquor Stores. 

(E) The issuing and distribution of 

price lists for the various classes, 

varieties or brands of spirituous liquor 

kept for sale by the commission under 

this chapter. 

(F) Forms to be used for the purposes 

of this chapter. 

(G) The issuance of licenses and the 

conduct, management, sanitation and 

equipment of licensed premises. 

(H) The place and manner of 

depositing the receipts of Tohono 

O’odham Liquor Stores and the 

transmission of balances to the 

Treasurer of the Tohono O’odham 

Nation. 

ARTICLE V—TOHONO O’ODHAM 

LIQUOR STORES 

Section 1501 Commission to establish 

Tohono O’odham Liquor Stores 

The commission shall establish, 

equip, operate and maintain, at such 

places throughout the Tohono O’odham 

Reservation as it shall deem essential 

and advisable, stores to be known as 

‘‘Tohono O’odham Liquor Stores’’ and 

warehouses and other merchandising 

facilities for the sale of spirituous 

liquors in accordance with the 

provisions of regulations made under 

this chapter. A Tohono O’odham 

warehouse and wholesale store shall be 

located on the Tohono O’odham 

Reservation in a place designated by the 

commission. When the commission 

shall have determined upon the location 

of a liquor store in any village within a 

sanctioning District, it shall give notice 

of such location by posting such notice 

for a period of at least thirty days 

following its determination in a 

conspicuous place on the outside of the 

premises in which the proposed store is 

to operate or, in the event that a new 

structure is to be built, in a similarly 

visible location. The notice shall be in 

such form, of such size and containing 

such provisions as the commission may 

require by its regulations. If, prior to the 

last day of such posted notice, ten or 

more persons residing within a one-half 

mile radius from such location, or the 

Village Council of the village within 

which such store is to be located, shall 

file a protest with the District Council 

of the District averring that the location 

is objectionable because of its proximity 

to a church, a school, or to a private 

residence, the District Council shall 

forthwith hold a hearing affording an 

opportunity to the protestants and to the 

commission to present evidence. The 

District Council shall render its decision 

immediately upon the conclusions of 


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the testimony and from the decision 

there shall be no appeal. If the District 

Council shall determine that the 

proposed location is undesirable for the 

reasons set forth in the protest, the 

commission shall abandon it and find 

another location. 

The commission may acquire or lease 

any rooms, buildings, warehouses or 

other merchandising facilities, and may 

purchase equipment and appointments 

necessary to carry out the provisions of 

this chapter. 

Section 1502 Selection of Personnel 

Officers and employees of the 

commission, except as herein provided, 

shall be appointed and employed in 

accordance with the employment 

practices and policies of the Tohono 

O’odham Nation. 

Section 1503 Appointment of 

Superintendent and Managers of 

Tohono O’odham Liquor Stores 

The commission shall appoint a 

person who shall serve at the discretion 

of the commission; shall be the chief 

administrative officer of the commission 

and shall be known as the 

‘‘superintendent’’ of liquor licenses and 

control. He shall be responsible for 

carrying out the administrative 

provisions of this chapter and of the 

regulations adopted by the commission 

under this chapter. Every Tohono 

O’odham Liquor Store and/or 

commission warehouse or 

merchandising facility shall be under 

the supervision of a person appointed 

by the commission who shall be known 

as the ‘‘manager’’ and who shall, under 

direction of the commission, be 

responsible for carrying out the 

provisions of this chapter and the 

regulations adopted by the commission 

under this chapter as far as they relate 

to the conduct of such store, warehouse 

or facility. The superintendent may act 

as manager of such store, warehouse 

and/or facility. 

Section 1504 Sales by Tohono 

O’odham Liquor Stores 

(A) Every Tohono O’odham Liquor 

Store shall keep in stock for sale such 

classes, varieties and brands of 

spirituous liquors as the commission 

shall prescribe. 

(B) Every Tohono O’odham Liquor 

Store shall sell spirituous liquors to 

Tribal licensees, licensed under this 

chapter, at standard wholesale discount 

prices established by the commission. 

All other sales by such stores shall be 

at retail prices. No liquor shall be sold 

except for cash, except that the 

commission may by regulation 

authorize the acceptance of checks for 

liquor sold at wholesale. The 

commission shall have the power to 

designate certain stores for wholesale or 

retail exclusively. 

Section 1505 Working Capital 

The net profits of the commission 

shall be general revenue of the Tohono 

O’odham Nation. The commission is 

authorized to keep and have on hand a 

stock of spirituous liquor for sale, the 

value of which, computed on less 

carload price quotations f.o.b. 

warehouse filed by spirituous liquor 

vendors, shall not at any time exceed 

the amount of working capital 

authorized. The maximum permanent 

working capital of the commission is 

established at $200,000.00 and 

permanent advances up to this amount 

may be authorized by the Chairman of 

the Legislative Council upon 

recommendation of the commission 

with the approval of the Treasurer of the 

Nation. At any time the total working 

capital exceeds the amount necessary to 

provide a turnover of stock 

approximately eight times annually, the 

Chairman, upon recommendation of the 

Treasurer of the Nation, may authorize 

the return of such excess to the general 

fund of the Tohono O’odham Nation. 

Section 1506 Audits 

It shall be the duty of the Treasurer of 

the Nation to make or cause to be made 

such audits as may be necessary in 

connection with the administration of 

the financial affairs of the commission 

and the Tohono O’odham Liquor Stores 

operated and maintained by the 

commission. 

Section 1507 Tribal Taxes 

Subject to the provision relating to 

wholesale sales contained in subsection 

(B) of Section 1504 above, the 

commission shall sell spirituous liquors 

at a price to be determined by the 

commission, which price shall include 

any luxury or transaction privilege or 

other taxes, levied and imposed by the 

Tohono O’odham Nation. All net 

revenue derived from such taxes shall 

be deposited to the credit of the general 

fund of the Tohono O’odham Nation. 

ARTICLE VI—LICENSES AND 

REGULATIONS 

Section 1601 Authority to issue liquor 

licenses 

Subject to the provisions of this 

chapter and regulations made 

thereunder, the commission shall have 

the authority to issue on-sale and offsale retailers’ licenses for any premises 

kept or operated by any person licensed 

to operate a general merchandise or 

retail store, a restaurant, bar, motel or 

hotel within a sanctioning District on 

the Tohono O’odham Reservation. 

Section 1602 Application procedure 

Every applicant for a spirituous liquor 

license, or for the transfer of an existing 

license to himself or to another premises 

not then licensed, shall make 

application therefor on a form 

prescribed or furnished by the 

commission in duplicate, and shall file 

one copy with the commission and the 

other with the District Council of the 

sanctioning District where the applicant 

desires to do business. The applicant 

shall also post notice of his application 

(in such form, of such size and 

containing such provisions as the 

commission may require by its 

regulations) in a conspicuous place on 

the outside of the premises in which he 

proposes to do business, or, in the event 

that a new structure is to be built, in a 

similar visible location, with a 

statement requiring a person who is a 

resident of the age of nineteen years or 

more residing, owning or leasing 

property within a one-half radius from 

such location and who is opposed to 

such application, to file a written 

protest with the District Council within 

thirty (30) days after the date of posting. 

Proof of posting such notice shall be 

filed with the District Council and with 

the commission. The District Council 

shall then hold a hearing affording an 

opportunity to any protestants and the 

applicant to present evidence. The 

District Council shall render its decision 

and from this decision there shall be no 

appeal. If the District Council should 

recommend approval of the application, 

it shall file a copy of the Resolution 

certifying such approval with the 

commission and the commission shall 

set the application for hearing by the 

commission. The commission shall 

consider the application and any other 

facts relating to the qualifications of the 

applicant and shall approve or 

disapprove each application within one 

hundred and twenty (120) days after 

filing of the application. 

Section 1603 Qualifications of 

spirituous liquor licensees 

(A) Every licensee shall, if required, 

have a valid Federal license to trade 

with Indians pursuant to Part 140, Title 

25, Code of Federal Regulations. 

(B) No corporation shall receive or 

hold a license except through a 

designated agent who shall be a natural 

person. Upon the death, resignation or 

discharge of such agent, the license 

shall be assigned forthwith to another 

qualified agent selected by the 

corporation. 


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(C) Every licensee, whether Indian or 

non-Indian, shall be subject to the civil 

jurisdiction of the Tohono O’odham 

Judicial Courts, and every non-Indian 

applicant for a license shall file his 

written consent to such jurisdiction 

with his application. 

(D) No person who holds, either by 

appointment or election, any public 

office which involves the duty to 

enforce any of the penal laws of the 

United States or of the Tohono O’odham 

Nation shall be issued a license, nor 

shall such person have any interest, 

directly or indirectly, in such license. 

(E) No license shall be issued to any 

person who, within one (1) year prior to 

application therefor, has violated any 

provision of a spirituous liquor license 

theretofore issued or has had a license 

revoked. 

Section 1604 Application for licenses 

(A) Every applicant for a spirituous 

liquor license, or for the transfer of an 

existing license to himself or to another 

premises not then licensed shall file 

written application with the 

commission in such form and 

containing such information as the 

commission shall from time to time 

prescribe, which shall be accompanied 

by an application fee of fifty dollars 

($50) and the prescribed license or 

transfer fee. Every such application 

shall contain a description of that part 

of the general merchandise or retail 

store, the restaurant, bar, motel or hotel 

for which the applicant desires a license 

and shall set forth such other material 

information, description or plan of that 

part of the store, restaurant, bar, motel 

or hotel where it is proposed to keep 

and sell liquor as may be required by 

the commission. No licensee shall alter 

or change the physical arrangement of 

the licensed premises so as to 

encompass greater space or the use of 

different or additional entrances, 

openings or accommodations than the 

space, entrance or entrances, openings 

or accommodations offered to the public 

at the time of issuance of licensee’s 

license or a prior written approval of the 

licensed premises, without first having 

filed with the commission floor plans 

and diagrams completely disclosing the 

proposed physical alterations of the 

licensed premises and shall have 

secured the written approval thereof by 

the commission. This requirement shall 

apply to any person to person transfer 

of the licensed premises. 

(B) Each application shall be signed 

and verified by oath or affirmation by 

the owner, if a natural person, or, in the 

case of an association, by a member of 

partner thereof, or, in the case of a 

corporation, by its designated agent who 

shall hold the license for the 

corporation. 

(C) If the applicant is an association, 

the application shall set forth the names 

and addresses of the persons 

constituting the association, and of a 

corporation, the names and addresses of 

the principal officers and of the persons 

owning ten per cent (10%) or more of 

the corporation. Each application shall 

state whether the applicant or any of the 

foregoing persons were in the past five 

years convicted of a felony. 

(D) If any false statement is 

intentionally made in any part of the 

application, the applicant shall be 

deemed to be in violation of this chapter 

and shall be subject to the penalties 

provided in this chapter. 

Section 1605 Licenses; contents; 

transfers 

(A) The licenses shall be to sell or 

deal in spirituous liquors only at the 

place and in the manner provided 

therein, and a separate license shall be 

issued for each specific business, each 

license specifying: 

(1) The particular spirituous liquors 

which the licensee is authorized to sell 

or deal in. 

(2) The place of business for which 

issued. 

(3) The purpose for which the liquors 

may be sold. 

(B) A spirituous liquor license shall 

be transferable as to any permitted 

location within the same sanctioning 

District, provided such transfer meets 

the requirements of an original 

application. A spirituous liquor license 

may be transferred to a person qualified 

to be a licensee, provided such transfer 

is pursuant to either a judicial decree, 

a bona fide sale of the entire business 

and stock in trade, or such bona fide 

transactions as may be provided by 

regulations of the commission and that 

such transfer meets the requirements of 

an original application. Any change in 

ownership of the business of a licensee, 

directly or indirectly, as defined by 

commission regulations, shall be 

deemed a transfer and shall comply 

with this section. 

(C) All applications for transfer 

pursuant to subsection (B) of this 

section shall be filed and determined in 

accordance with the provisions of 

section 1602 and 1604 of this Article. 

(D) No spirituous liquor license shall 

be assigned, transferred or sold, except 

as provided in this section. No 

spirituous liquor license shall be leased 

or subleased. 

(E) A license which is not used by the 

licensee for a period in excess of six (6) 

months shall expire, except that the 

commission may grant additional time 

if, in its judgment, the licensee is in 

good faith attempting to comply with 

this section. 

Section 1606 Issuance of licenses; 

regulatory provisions; revocation 

(A) The commission shall issue a 

spirituous liquor license only after 

satisfactory showing of the capability, 

qualifications and reliability of the 

applicant, and that the public 

convenience required, and that the best 

interest of the community will be 

satisfactorily served by the issuance. 

(B) The commission may issue on-sale 

retailer licenses: 

(1) To any hotel or motel within a 

sanctioning District on the Tohono 

O’odham Reservation which has in 

conjunction therewith a bar or 

restaurant; 

(2) To any restaurant within a 

sanctioning District of the Tohono 

O’odham Reservation which is regularly 

open for serving meals to guests for 

compensation and has suitable kitchen 

facilities connected therewith for 

keeping, cooking and preparing foods 

required for ordinary meals; and 

(3) To any bar within a sanctioning 

District of the Tohono O’odham 

Reservation operated by responsible 

persons which is regularly open for 

serving spirituous liquors to guests for 

compensation and where no food is sold 

and no other business is carried on 

except the sale of cigarettes and tobacco 

products. 

The holder of an on-sale retailer 

license may sell and serve spirituous 

liquors in individual portions only for 

consumption on the licensed premises, 

and he may sell such liquors in original 

containers for consumption both on or 

off the licensed premises. 

The holder of an on-sale retailer 

license may not sell or deal in 

spirituous liquors unless he has 

complied with the regulations of the 

commission requiring such licensee to 

provide security guards duly approved 

by the commission as being of good 

moral character and commissioned to 

enforce the provisions of this chapter on 

or about the licensed premises. 

(C) The commission may issue off-sale 

retailer licenses to any general 

merchandise or retail store within a 

sanctioning District of the Tohono 

O’odham Reservation operated by 

responsible persons which is regularly 

open for selling groceries and 

commodities other than spirituous 

liquors to customers for compensation. 

The holder of an off-sale retailer 

license may sell spirituous liquors only 

in the original package to be taken away 

from the licensed premises and to be 

consumed off of the premises. 


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(D) In addition to other grounds 

prescribed in this chapter upon which 

a license may be revoked, the 

commission may revoke a license in any 

case where in its judgment the licensee 

ceased to operate a hotel, motel, 

restaurant, bar or general merchandise 

or retail store, as prescribed in 

subsections (B) and (C) of this section. 

Section 1607 Licensing premises near 

school building or church 

Unless written approval is first 

obtained from the governing body of a 

school or church, no spirituous liquor 

license shall be issued for any building 

whose exterior walls are within three 

hundred horizontal feet of a school or 

church building in which classes or 

services are regularly conducted. 

Section 1608 License fees 

(A) A fee shall accompany an 

application for an original license or 

transfer of a license, or in case of 

renewal, shall be paid in advance. Every 

license shall expire on December 30 of 

each year. An application fee for an 

original license or the transfer of a 

license shall be fifty ($50) dollars, 

which shall be retained by the 

commission. 

(B) Issuance fees for original licenses 

shall be: 

(1) On-sale retailer’s license to sell all 

spirituous liquor by individual portions 

and in original containers—Seven 

hundred fifty dollars ($750). 

(2) On-sale retailer’s license to sell 

wine and beer by individual portions 

and in the original containers—One 

hundred dollars ($100). 

(3) On-sale retailer’s license to sell 

beer by individual portions and in 

original containers—One hundred 

dollars ($100). 

(4) Off-sale retailer’s license to sell all 

spirituous liquors—Five hundred 

dollars ($500). 

(5) Off-sale retailer’s license to sell 

wine and beer—One hundred fifty 

dollars ($150). 

(6) Off-sale retailer’s license to sell 

beer—One hundred dollars ($100). 

(C) If a license is issued on or after 

July 1 in any year, one-half of the 

annual license fee shall be charged. 

(D) The annual fees for licenses shall 

be: 

(1) On-sale retailer’s license to sell all 

spirituous liquors by individual 

portions and in original containers— 

One hundred fifty dollars ($150). 

(2) One-sale retailer’s license to sell 

wine and beer by individual portions 

and in original containers—Seventy five 

dollars ($75). 

(3) On-sale retailer’s license to sell 

beer by individual portions and in 

original containers—Twenty five dollars 

($25). 

(4) Off-sale retailer’s license to sell all 

spirituous liquors—Fifty dollars ($50). 

(5) Off-sale retailer’s license to sell 

wine and beer—Fifty dollars ($50). 

(6) Off-sale retailer’s license to sell 

beer—Twenty-five dollars ($25). 

(E) Transfer fees from person to 

person and from place to place for 

licenses transferred pursuant to 

subsection (B) of Section 1605 shall be 

one-half of the fees prescribed in 

subsection (B) above. 

Section 1609 Revocation or 

suspension of license 

(A) The commission may suspend or 

revoke any license issued hereunder for 

cause and upon a hearing, with notice 

mailed to the licensee by registered mail 

at least ten (10) days prior to such 

hearing. Cause shall mean the failure to 

pay prescribed license fees and taxes as 

they become due; the failure of an onsale retailer licensee to provide a 

security officer to enforce the provisions 

of this chapter on or about the licensed 

premises as prescribed is subsection (B) 

of Section 1606; the transfer or 

attempted transfer of the license without 

the prior written approval of the 

commission; the violation or noncompliance with any provision of this 

chapter or of the regulations enacted 

thereunder. 

(B) Any decision of the commission in 

any matter shall be final, unless any 

person aggrieved, or a village or District 

Council, within thirty (30) days after 

receiving notice of the decision of the 

commission, appeals to the Legislative 

Council. The Legislative Council may 

affirm the decision of the commission, 

remand the matter for further 

proceedings before the commission or 

reverse or modify the decision if it finds 

that the objection of the person 

aggrieved is well taken. The decision of 

the Legislative Council on all matters 

shall be final. 

ARTICLE VII—EXEMPTIONS; 

VIOLATIONS; PENALTIES; 

JURISDICTION 

Section 1701 Exemptions 

(A) The provisions of this chapter 

shall not apply to drug stores or 

hospitals within sanctioning Districts 

selling or dispensing spirituous liquors 

upon prescription; to the production, 

consumption, sale, furnishing or 

possession of spirituous liquors within 

sanctioning Districts for scientific, 

sacramental, religious, medicinal or 

mechanical purposes; or to the 

production, consumption, sale, 

furnishing or possession within 

sanctioning Districts of wine produced 

according to Tribal custom from the 

fermentation of the fruit of the saguaro, 

cereus giganteus. 

(B) The provisions of Article III, 

Sections 1302, 1304, 1305, 1306, 1309, 

1311, 1312, and 1314 of this chapter 

shall not apply to the Tohono O’odham 

Gaming Enterprise with respect to its 

sale of spirituous liquors in the original 

container and individual portions for 

consumption on the premises of 

facilities operated by the Gaming 

Enterprise within a sanctioning District. 

If the Gaming Enterprise sells spirituous 

liquors, it shall do so in conformity with 

the laws of the State of Arizona 

applicable to any State-issued license 

held by the Gaming Enterprise. 

Section 1702 Violations 

(A) Any person who violates any 

provision of Article III of this chapter 

shall be guilty of a criminal offense 

punishable by a fine of not more than 

five hundred dollars ($500), or by 

imprisonment in the Tribal jail for not 

more than six (6) months, or both. 

(B) Any person who violates any other 

provision of this chapter, or any lawful 

regulation or ruling of the commission 

made pursuant thereto, shall be liable 

for a civil penalty of not more than five 

hundred dollars ($500), plus court costs, 

per violation. 

(C) Any licensee violating any 

provision of this chapter may, in 

addition to the penalties prescribed in 

subsection (A) and (B) above and to the 

penalties prescribed by the federal 

Indian liquor laws, 18 U.S.C. 1154 and 

1156, have his license suspended by the 

commission. 

Section 1703 Jurisdiction 

The Tohono O’odham Judicial Courts 

shall have jurisdiction over all 

violations of this chapter and may, in 

addition to the penalties prescribed in 

Section 1702 above, grant such other 

relief as is necessary and proper for the 

enforcement of this chapter, including 

but not limited to injunctive relief 

against acts in violation of this chapter. 

Nothing, however, in this chapter shall 

be construed to authorize or require the 

criminal trial and punishment of nonIndians except to the extent allowed by 

any applicable present or future Act of 

Congress or any applicable federal court 

decision. 

ARTICLE VIII—CONTRABAND; 

SEIZURE; FORFEITURE 

Section 1801 Seizure 

All spirituous liquors within the 

exterior boundaries of the Tohono 

O’odham Reservation held, owned, or 

possessed by any person or licensee 


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operating in violation of the provisions 

of this chapter, or of any regulations 

made thereunder, or of any other law of 

the Tohono O’odham Nation relating to 

the manufacture, introduction, sale, 

possession and consumption of 

spirituous liquors are hereby declared to 

be contraband and subject to forfeiture 

to the Nation. Upon presentation of a 

sworn affidavit the Judge of the Tohono 

O’odham Judicial Court shall issue an 

order directing the Tohono O’odham 

Police to seize contraband liquor within 

this Reservation and deliver it to the 

commission. A copy of the court order 

shall be delivered to the person from 

whom the property was seized or shall 

be posted at the place where the 

property was seized. 

Section 1802 Hearing 

Within three weeks following the 

seizure of the contraband a hearing shall 

be held in the Tohono O’odham Judicial 

Court, at which time the person from 

whom the property was seized shall be 

given an opportunity to present 

evidence in defense of his or her 

activities. 

Section 1803 Notice of Hearing 

Notice of the hearing of at least ten 

(10) days shall be given to the person 

from whom the property was seized if 

known. If the person is unknown, notice 

of the hearing shall be posted at the 

place where the contraband was seized 

and at such other public places on the 

Reservation as may be directed by the 

Judge. The notice shall describe the 

property seized, and the time, place and 

cause of seizure and give the name and 

place of residence, if known, of the 

person from whom the property was 

seized. 

Section 1804 Judgment of Forfeiture— 

Disposition of Proceeds of Property 

If upon the hearing the evidence 

warrants, or if no person appears as 

claimant, the Tohono O’odham Judicial 

Court shall thereupon enter a judgment 

of forfeiture, and order such articles 

sold or destroyed forthwith, and the 

proceeds of any sale shall become 

general revenue of the Tohono O’odham 

Nation. 

ARTICLE IX—NUISANCE; 

ABATEMENT 

Section 1901 Declaration of Nuisance 

Any room, house, building, vehicle, 

structure, or other place where 

spirituous liquor is sold, manufactured, 

given away, furnished, or otherwise 

disposed of in violation of the 

provisions of this chapter or any 

regulations made thereunder, or of any 

other law of the Tohono O’odham 

Nation relating to the manufacture, 

introduction, sale, possession and 

consumption of spirituous liquor, and 

all property kept in and used in 

maintaining such place, are hereby 

declared to be a public nuisance. 

Section 1902 Abatement of Nuisance 

The commission shall institute and 

maintain an action in the Tohono 

O’odham Judicial Courts in the name of 

the Nation to abate and perpetually 

enjoin any nuisance declared under this 

chapter. The plaintiff shall not be 

required to give bond in this action. 

Restraining orders, temporary 

injunctions, and permanent injunctions 

may be granted in the cause as in other 

injunction proceedings, and upon final 

judgment against the defendant, the 

Court may also order the room, house, 

building, vehicle, structure, or place 

closed for a period of up to one (1) year 

or until the owner, lessee, tenant or 

occupant thereof shall give bond of 

sufficient surety to be approved by the 

Court in the sum of not less than One 

Thousand Dollars ($1,000.00), payable 

to the Nation and conditioned that 

spirituous liquor will not be thereafter 

manufactured, kept, sold, given away, 

furnished, or otherwise disposed of in 

violation of the provisions of this 

chapter or any other applicable Tribal 

law. If any condition of the bond be 

violated, the whole amount may be 

recovered as a penalty for the use of the 

Nation. Any action taken under this 

section shall be in addition to any other 

penalties provided in this chapter. 

ARTICLE X—CONFLICTING 

CHAPTERS; AMENDMENTS 

Section 11001 Conflicting Ordinances 

and Resolutions 

All resolutions and ordinances of the 

Tohono O’odham Nation, including but 

not restricted to Section 18, Chapter 5 

of the Law and Order Code of the 

Papago Tribe, heretofore enacted 

prohibiting the sale, introduction, 

possession or consumption of spirituous 

liquors on or within the exterior 

boundaries of the Tohono O’odham 

Reservation shall have no further legal 

force or effect within the exterior 

boundaries of sanctioning Districts, but 

shall have full force and effect on or 

within the exterior boundaries of the 

Districts which have not sanctioned the 

introduction, sale, possession and 

consumption of spirituous liquor in 

accordance with the provisions of 

Section 1104 of Article I of this chapter. 

Section 11002 Amendments 

This chapter may hereby be amended 

by resolution of the Tohono O’odham 

Legislative Council approved by the 

Secretary of the Interior or his 

authorized representative. 

[FR Doc. 2015–05695 Filed 3–11–15; 8:45 am] 

BILLING CODE 4310–4J–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1014, 1016, and 

1017 (Second Review)] 

Polyvinyl Alcohol From China, Japan, 

and Korea; Revised Schedule for Full 

Five-Year Reviews 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice. 

DATES: Effective Date: March 5, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer (202–205–3193), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http://

www.usitc.gov). The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: Effective 

November 13, 2014, the Commission 

established a schedule for the conduct 

of the subject full five-year reviews (79 

FR 69127, November 20, 2014). The 

Commission revised its schedule 

effective January 28, 2015 (80 FR 6546, 

February 5, 2015). On March 4, 2015, 

counsel for the domestic interested 

parties filed a request that the 

Commission cancel the hearing. Counsel 

indicated a willingness to submit 

written testimony and responses to any 

Commission questions in lieu of an 

actual hearing and, in the alternative, 

counsel submitted a list of witnesses 

who would appear at the hearing. No 

other party filed a timely request to 

appear at the hearing. Consequently, the 

public hearing in connection with these 

reviews, scheduled to begin at 9:30 a.m. 

on March 10, 2015, at the U.S. 

International Trade Commission 

Building, is cancelled. The Commission 

determined that no earlier 

announcement of this cancellation was 

possible. Parties to these reviews should 

respond to any written questions posed 


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