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[Federal Register Volume 66, Number 121 (Friday, June 22, 2001)]
[Proposed Rules]
[Pages 33494-33495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15700]

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NATIONAL INDIAN GAMING COMMISSION

25 CFR Part 502

RIN 3141-AA10

Definitions: Electronic or Electromechanical Facsimile

AGENCY: National Indian Gaming Commission.

ACTION: Proposed rule.

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SUMMARY: The National Indian Gaming Commission proposes to amend its 
regulations by removing the definition of ``electronic and 
electromechanical facsimile'' now set forth at 25 CFR 502.8.

DATES: Comments may be submitted on or before July 23, 2001.

ADDRESSES: Send comments by mail, facsimile, or hand delivery to: 
Definitions: Electronic and Electromechanical Facsimile, Amendment 
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: Michele F. Mitchell at 202-632-7003 
or, by fax, at 202-632-7066 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (``IGRA'' 
or ``Act'') 25 U.S.C. 2701-2721, enacted on October 17, 1988, 
established the National Indian Gaming Commission (Commission). Under 
the Act, the Commission is charged, among other things, with regulating 
Class II gaming by Indian tribes. The Act defines Class II gaming as 
including the game of chance commonly known as bingo (whether or not 
electronic, computer, or other technological aids are used in 
connection therewith), but does not include electronic or 
electromechanical facsimiles of any game of chance or slot

[[Page 33495]]

machines of any kind. On April 9, 1992, the Commission issued a final 
rule defining key terms in the Act. Among the terms defined by the 
Commission was ``electronic or electromechanical facsimile.'' The 
Commission defined this term by reference to the Johnson Act, 15 U.S.C. 
1171(a)(2) and (3). See 25 CFR 502.8. Although an agency's 
interpretation of ambiguous terms in a federal law that it is 
responsible for administering is ordinarily entitled to great 
deference, the courts, in several recent decisions, have not relied on 
the Commission's definition of electronic or electromechanical 
facsimile. Instead the courts have relied exclusively on the terms 
contained in the Indian Gaming Regulatory Act, applying a plain 
language interpretation of this phrase. To ensure consistency with 
developments in the case law and to ensure a uniform approach to this 
term by the Commission and the courts, the Commission now proposes and 
seeks public comment on removal of 25 CFR 502.8 and use instead the 
plain language interpretation that has been preferred by the courts.

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities as defined under the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq. Indian Tribes are not considered 
to be small entities for the purposes of the Regulatory Flexibility 
Act.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule 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 Mandates Reform Act

    The Commission has determined that this proposed rule does not 
impose an unfunded mandate on State, local or tribal governments or on 
the private sector of more than $100 million per year. Thus, it is not 
a ``significant regulatory action'' under the Unfunded Mandates Reform 
Act, 2 U.S.C. 1501 et seq. The Commission has also determined that the 
proposed rule does not have a unique effect on tribal governments 
because the proposed removal of the reference to the Johnson Act merely 
codifies the practice of defining ``electronic and electromechanical 
facsimile'' in accordance with the plain meaning of those words.

Takings

    In accordance with Executive Order 12630, the Commission has 
determined that this rule does not have significant takings 
implications. A takings implication assessment is not required.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of General 
Counsel 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. Instead, the rule is likely to decrease litigation with 
Indian tribes and reduce unnecessary friction between the Department of 
Justice and the Commission.

Paperwork Reduction Act

    This regulation does not require an information collection under 
the Paperwork Reduction Act 44 U.S.C. 3501 et seq.

National Environmental Policy Act

    The Commission has analyzed this rule in accordance with the 
criteria of the National Environmental Policy Act. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An environmental assessment is not required.

List of Subjects in 25 CFR Part 502

    Gaming, Indian lands.

    For the reasons set forth in the preamble, the National Indian 
Gaming Commission proposes to amend 25 CFR Part 502 as follows:

PART 502--DEFINITIONS OF THIS CHAPTER

    1. The authority citation for part 502 continues to read as 
follows:

    Authority 25 U.S.C. 2701 et seq.

    2. Amend Sec. 502.8 as follows:

Sec. 502.8  [Removed and Reserved]

    Remove and reserve Sec. 502.8.

    Dated: June 18, 2001.
Elizabeth L. Homer,
Vice Chair.
Teresa E. Poust,
Commissioner.
[FR Doc. 01-15700 Filed 6-21-01; 8:45 am]
BILLING CODE 7565-01-U
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