[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Rules and Regulations]
[Pages 37747-37748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13060]
[[Page 37747]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 293
[201A2100DD/AAKC001030/A0A501010.999900253G]
RIN 1076-AF54
Change of Address; Office of Indian Gaming for Submission of
Tribal-State Class III Gaming Compacts
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: This rule updates the address for submission of Tribal-State
Class III gaming compacts, amendments, and extensions in the Tribal-
State Class III Gaming Compact regulations.
DATES: Effective June 24, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Appel, Director, Office
of Regulatory Affairs & Collaborative Action, Office of the Assistant
Secretary--Indian Affairs, (202) 273-4680, [email protected].
SUPPLEMENTARY INFORMATION: The Department previously notified the
public of the update to the Mail Stop for the Office of Indian Gaming
by publication in the Federal Register. See 84 FR 71451 (December 27,
2019). This rule updates the Mail Stop as listed in the Code of Federal
Regulations (CFR) at 25 CFR 293.9 to reflect the Office of Indian
Gaming's new address for receipt of Tribal-State Class III gaming
compacts. This update is necessary to ensure that the regulations
provide an accurate Mail Stop for receipt by the Office of Indian
Gaming to begin the 45-day timeline under 25 CFR 293.12.
A. Regulatory Planning and Review (E.O. 12866)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this rule in a manner consistent with these
requirements.
B. Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
This action is not an E.O. 13771 regulatory action because this
rule is not significant under Executive Order 12866.
C. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
It does not change current funding requirements and would not impose
any economic effects on small governmental entities.
D. 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, because this rule does
nothing more than update a Federal agency address. This rule:
(a) Will not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of the
U.S.-based enterprises to compete with foreign-based enterprises.
E. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
F. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under E.O. 12630. A takings implication
assessment is not required.
G. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. A federalism summary impact
statement is not required.
H. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule: (a) Meets the criteria of section 3(a)
requiring that all regulations be reviewed to eliminate errors and
ambiguity and be written to minimize litigation; and (b) meets the
criteria of section 3(b)(2) requiring that all regulations be written
in clear language and contain clear legal standards.
I. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in E.O. 13175 and have determined there are no substantial direct
effects on federally recognized Indian Tribes that will result from
this rulemaking because the rule is limited to updating an address.
J. Paperwork Reduction Act
OMB Control No. 1076-0172 currently authorizes the collections of
information related to approval of Tribal-State Class III gaming
compacts, with an expiration of May 31, 2021. This rulemaking does not
affect the currently authorized collection. The Department may not
conduct or sponsor, and you are not required to respond to, any
collection of information unless it displays a currently valid OMB
control number.
K. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because this is an administrative and procedural regulation.
(For further information see 43 CFR 46.210(i)). We have also determined
that the rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
[[Page 37748]]
L. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
M. Determination To Issue Final Rule Without the Opportunity for Public
Comment and With Immediate Effective Date
BIA is taking this action under its authority, at 5 U.S.C. 552, to
publish regulations in the Federal Register. Under the Administrative
Procedure Act, statutory procedures for agency rulemaking do not apply
``when the agency for good cause finds . . . that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b)(3)(B). BIA finds that the notice and
comment procedure are impracticable, unnecessary, or contrary to the
public interest, because: (1) These amendments are non-substantive; and
(2) the public benefits for timely notification of a change in the
official agency address, and further delay is unnecessary and contrary
to the public interest. Similarly because this final rule makes no
substantive changes and merely reflects a change of address and updates
to titles in the existing regulations, this final rule is not subject
to the effective date limitation of 5 U.S.C. 553(d).
List of Subjects in 25 CFR Part 293
Gambling, Indians-business and finance.
For the reasons stated in the preamble, the Department of the
Interior, Bureau of Indian Affairs, amends part 293 in title 25 of the
Code of Federal Regulations to read as follows:
PART 293--CLASS III TRIBAL STATE GAMING COMPACT PROCESS
0
1. The authority for part 293 continues to read as follows:
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 2710.
0
2. Revise Sec. 293.9 to read as follows:
Sec. 293.9 Where should a compact or amendment be submitted for
review and approval?
Submit compacts and amendments to the Director, Office of Indian
Gaming, U.S. Department of the Interior, 1849 C Street NW, Mail Stop
3543, Main Interior Building, Washington, DC 20240. If this address
changes, a notice with the new address will be published in the Federal
Register within 5 business days.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-13060 Filed 6-23-20; 8:45 am]
BILLING CODE 4337-15-P