83_FR_26731 83 FR 26620 - Minimum Internal Control Standards

83 FR 26620 - Minimum Internal Control Standards

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range26620-26623
FR Document2018-10365

The National Indian Gaming Commission (NIGC) proposes to amend its minimum internal control standards for Class II gaming under the Indian Gaming Regulatory Act to correct an erroneous deletion of the key control standards and to make other minor edits and additions for clarity.

Federal Register, Volume 83 Issue 111 (Friday, June 8, 2018)
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Proposed Rules]
[Pages 26620-26623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10365]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 543

RIN 3141-AA60


Minimum Internal Control Standards

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The National Indian Gaming Commission (NIGC) proposes to amend 
its minimum internal control standards for Class II gaming under the 
Indian Gaming Regulatory Act to correct an erroneous deletion of the 
key control standards and to make other minor edits and additions for 
clarity.

DATES: Written comments on this proposed rule must be received on or 
before July 9, 2018.

ADDRESSES: You may submit comments by any one of the following methods, 
however, please note that comments sent by electronic mail are strongly 
encouraged.
    [ssquf] Email comments to: [email protected].
    [ssquf] Mail comments to: National Indian Gaming Commission, 1849 C 
Street NW, MS 1621, Washington, DC 20240.
    [ssquf] Fax comments to: National Indian Gaming Commission at 202-
632-0045.

FOR FURTHER INFORMATION CONTACT: Jennifer Lawson at (202) 632-7003 or 
by fax (202) 632-7066 (these numbers are not toll free).

SUPPLEMENTARY INFORMATION: 

I. Background

    The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100-497, 
25

[[Page 26621]]

U.S.C. 2701 et seq., was signed into law on October 17, 1988. The Act 
established the National Indian Gaming Commission (``NIGC'' or 
``Commission'') and set out a comprehensive framework for the 
regulation of gaming on Indian lands. On January 5, 1999, the NIGC 
published a final rule in the Federal Register called Minimum Internal 
Control Standards. 64 FR 590. The rule added a new part to the 
Commission's regulations establishing Minimum Internal Control 
Standards (MICS) to reduce the risk of loss because of customer or 
employee access to cash and cash equivalents within a casino. The rule 
contains standards and procedures that govern cash handling, 
documentation, game integrity, auditing, surveillance, and variances, 
as well as other areas.
    The Commission recognized from their inception that the MICS would 
require periodic review and updates to keep pace with technology and 
has substantively amended them numerous times, most recently in late 
2013 (78 FR 63873).

II. Development of the Rule

    On September 21, 2012, the Commission concluded nearly two years of 
consultation and drafting with the publication of comprehensive 
amendments, additions, and updates to Part 543, the minimum internal 
control standards (MICS) for Class II gaming operations (77 FR 58708). 
The regulations require tribes to establish controls and implement 
procedures at least as stringent as those described in this part to 
maintain the integrity of the gaming operation. In late 2013, the 
Commission published a final rule, adding kiosk drop, count, fill, and 
surveillance standards to Part 543 (78 FR 63873).
    Now, the Commission proposes additional revisions, largely 
technical in nature, that are meant to correct earlier editing 
oversights and to better clarify the intent of the provisions.

III. Regulatory Matters

Regulatory Flexibility Act

    The 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 rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. The rule does not have an 
effect on the economy of $100 million or more. The rule will not cause 
a major increase in costs or prices for consumers, individual 
industries, Federal, State, local government agencies or geographic 
regions, nor will the proposed rule have a significant adverse effect 
on competition, employment, investment, productivity, innovation, or 
the ability of the enterprises, to compete with foreign based 
enterprises.

Unfunded Mandates 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 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 rule does not unduly burden the judicial system and 
meets the requirements of sections 3(a) and 3(b)(2) of the Order.

National Environmental Policy Act

    The Commission has determined that the 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

    The information collection requirements contained in this rule were 
previously approved by the Office of Management and Budget as required 
by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141-0009. 
The OMB control number expires on November 30, 2018.

Tribal Consultation

    The National Indian Gaming Commission is committed to fulfilling 
its tribal consultation obligations--whether directed by statute or 
administrative action such as Executive Order (E.O.) 13175 
(Consultation and Coordination with Indian Tribal Governments)--by 
adhering to the consultation framework described in its Consultation 
Policy published July 15, 2013. The NIGC's consultation policy 
specifies that it will consult with tribes on Commission Action with 
Tribal Implications, which is defined as: Any Commission regulation, 
rulemaking, policy, guidance, legislative proposal, or operational 
activity that may have a substantial direct effect on an Indian tribe 
on matters including, but not limited to the ability of an Indian tribe 
to regulate its Indian gaming; an Indian tribe's formal relationship 
with the Commission; or the consideration of the Commission's trust 
responsibilities to Indian tribes.
    The key control language proposed here is the most substantive of 
all the changes and was the subject of extensive consultation in 2012 
(77 FR 58708). The language proposed here has not changed since 
initially adopted. It was inadvertently written over with the addition 
of kiosk controls in 2013. The remaining changes are all technical in 
nature, correcting numbering and adding minor clarifications.

List of Subjects in 25 CFR Part 543

    Accounting, Administrative practice and procedure, Gambling, 
Indian--Indian lands, Reporting and recordkeeping requirements.

    For the reasons discussed in the Preamble, the Commission proposes 
to amend 25 CFR part 543 as follows:

PART 543--MINIMUM INTERNAL CONTROL STANDARDS FOR CLASS II GAMING

0
1. The authority for part 543 continues to read as follows:

    Authority: 25 U.S.C. 2702(2), 2706(b)(1-4), 2706(b)(10).

0
2. Amend Sec.  543.10 by revising paragraph (e) to read as follows:


Sec.  543.10   What are the minimum internal control standards for card 
games?

* * * * *
    (e) Standards for reconciliation of card room bank. Two agents--one 
of whom must be a supervisory agent--must independently count the main 
card room bank and table inventory at the end of each shift and record 
the following information:
    (1) Date;
    (2) Shift;
    (3) Table number (if applicable);
    (4) Amount by denomination;
    (5) Amount in total; and
    (6) Signatures of both agents.
* * * * *
0
 3. Amend Sec.  543.17 by revising paragraphs (d), (i)(4)(i), and (j) 
to read as follows:


Sec.  543.17   What are the minimum internal control standards for drop 
and count?

* * * * *

[[Page 26622]]

    (d) Card game drop standards. Controls must be established and 
procedures implemented to ensure security of the drop process. Such 
controls must include the following:
    (1) Surveillance must be notified when the drop is to begin so that 
surveillance may monitor the activities.
    (2) At least two agents must be involved in the removal of the drop 
box, at least one of whom is independent of the card games department.
    (3) Once the drop is started, it must continue until finished.
    (4) All drop boxes may be removed only at the time previously 
designated by the gaming operation and reported to the TGRA. If an 
emergency drop is required, surveillance must be notified before the 
drop is conducted and the TGRA must be informed within a timeframe 
approved by the TGRA.
    (5) At the end of each shift:
    (i) All locked card game drop boxes must be removed from the tables 
by an agent independent of the card game shift being dropped;
    (ii) For any tables opened during the shift, a separate drop box 
must be placed on each table, or a gaming operation may utilize a 
single drop box with separate openings and compartments for each shift; 
and
    (iii) Card game drop boxes must be transported directly to the 
count room or other equivalently secure area by a minimum of two 
agents, at least one of whom is independent of the card game shift 
being dropped, until the count takes place.
    (6) All tables that were not open during a shift and therefore not 
part of the drop must be documented.
    (7) All card game drop boxes must be posted with a number 
corresponding to a permanent number on the gaming table and marked to 
indicate game, table number, and shift, if applicable.
* * * * *
    (i) * * *
    (4) * * *
    (i) The count of each box must be recorded in ink or other 
permanent form of recordation.
* * * * *
    (j) Controlled keys. Controls must be established and procedures 
implemented to safeguard the use, access, and security of keys in 
accordance with the following:
    (1) Each of the following requires a separate and unique key lock 
or alternative secure access method:
    (i) Drop cabinet;
    (ii) Drop box release;
    (iii) Drop box content; and
    (iv) Storage racks and carts used for the drop.
    (2) Access to and return of keys or equivalents must be documented 
with the date, time, and signature or other unique identifier of the 
agent accessing or returning the key(s).
    (i) For Tier A and B operations, at least two (2) drop team agents 
are required to be present to access and return keys. For Tier C 
operations, at least three (3) drop team agents are required to be 
present to access and return keys.
    (ii) For Tier A and B operations, at least two (2) count team 
agents are required to be present at the time count room and other 
count keys are issued for the count. For Tier C operations, at least 
three (two for card game drop box keys in operations with three tables 
or fewer) count team agents are required to be present at the time 
count room and other count keys are issued for the count.
    (3) Documentation of all keys, including duplicates, must be 
maintained, including:
    (i) Unique identifier for each individual key;
    (ii) Key storage location;
    (iii) Number of keys made, duplicated, and destroyed; and
    (iv) Authorization and access.
    (4) Custody of all keys involved in the drop and count must be 
maintained by a department independent of the count and the drop agents 
as well as those departments being dropped and counted.
    (5) Other than the count team, no agent may have access to the drop 
box content keys while in possession of storage rack keys and/or 
release keys.
    (6) Other than the count team, only agents authorized to remove 
drop boxes are allowed access to drop box release keys.
    (7) Any use of keys at times other than the scheduled drop and 
count must be properly authorized and documented.
    (8) Emergency manual keys, such as an override key, for 
computerized, electronic, and alternative key systems must be 
maintained in accordance with the following:
    (i) Access to the emergency manual key(s) used to access the box 
containing the player interface drop and count keys requires the 
physical involvement of at least three agents from separate 
departments, including management. The date, time, and reason for 
access, must be documented with the signatures of all participating 
persons signing out/in the emergency manual key(s);
    (ii) The custody of the emergency manual keys requires the presence 
of two agents from separate departments from the time of their issuance 
until the time of their return; and
    (iii) Routine physical maintenance that requires access to the 
emergency manual key(s), and does not involve accessing the player 
interface drop and count keys, only requires the presence of two agents 
from separate departments. The date, time, and reason for access must 
be documented with the signatures of all participating agents signing 
out/in the emergency manual key(s).
    (9) Controls must be established and procedures implemented to 
safeguard the use, access, and security of keys for kiosks.
* * * * *
0
4. Amend Sec.  543.18 by revising paragraph (d)(6)(v) to read as 
follows:


Sec.  543.18   What are the minimum internal control standards for the 
cage, vault, kiosk, cash and cash equivalents?

* * * * *
    (d) * *
    (6) * * *
    (v) Dollar amount per financial instrument redeemed;
* * * * *
0
5. Amend 543.23 by revising paragraph (c)(1)(viii) to read as follows:


Sec.  543.23   What are the minimum internal control standards for 
audit and accounting?

* * * * *
    (c) * * *
    (1) * * *
    (viii) Drop and count standards, including supervision, count room 
access, count team, card game drop standards, player interface and 
financial instrument drop standards, card game count standards, player 
interface financial instrument count standards, collecting currency 
cassettes and financial instrument storage components from kiosks, 
kiosk count standards, and controlled keys;
* * * * *
0
6. Amend 543.24 by revising paragraphs (a) and (d)(5) to read as 
follows:


Sec.  543.24   What are the minimum internal control standards for 
auditing revenue?

    (a) Supervision. Supervision must be provided as needed for revenue 
audit by an agent(s) with authority equal to or greater than those 
being supervised.
* * * * *
    (d) * * *
    (5) Complimentary services or items. At least monthly, review the 
reports required in Sec.  543.13(c). These reports must be made 
available to those entities authorized by the TGRA or by tribal law or 
ordinance.
* * * * *

    Dated: May 1, 2018, Washington, DC.


[[Page 26623]]


     Dated: May 7, 2018.
Jonodev O. Chaudhuri,
Chairman.

    Dated: May 1, 2018.
Kathryn Isom-Clause,
Vice Chair.

    Dated: May 4, 2018.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2018-10365 Filed 6-7-18; 8:45 am]
 BILLING CODE 7565-01-P



                                                26620                      Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules

                                                acceptance receipt is on or before that                 submission. You should submit two                      maximum nicotine level in combusted
                                                date.                                                   copies total. One copy will include the                cigarettes.
                                                                                                        information you claim to be confidential                 The Agency has received a number of
                                                Electronic Submissions
                                                                                                        with a heading or cover note that states               requests for a 90-day extension of the
                                                  Submit electronic comments in the                     ‘‘THIS DOCUMENT CONTAINS                               comment period for the ANPRM and
                                                following way:                                          CONFIDENTIAL INFORMATION.’’ The                        one request for a 120-day extension.
                                                  • Federal eRulemaking Portal:                         Agency will review this copy, including                FDA has considered the requests and is
                                                https://www.regulations.gov. Follow the                 the claimed confidential information, in               extending the comment period for the
                                                instructions for submitting comments.                   its consideration of comments. The                     ANPRM for an additional 30 days, until
                                                Comments submitted electronically,                      second copy, which will have the                       July 16, 2018. The Agency believes that
                                                including attachments, to https://                      claimed confidential information                       a 30-day extension allows adequate time
                                                www.regulations.gov will be posted to                   redacted/blacked out, will be available                for interested persons to submit
                                                the docket unchanged. Because your                      for public viewing and posted on                       comments without significantly
                                                comment will be made public, you are                    https://www.regulations.gov. Submit                    delaying any potential regulatory action
                                                solely responsible for ensuring that your               both copies to the Dockets Management                  on these important issues.
                                                comment does not include any                            Staff. If you do not wish your name and
                                                                                                                                                                 Dated: June 5, 2018.
                                                confidential information that you or a                  contact information to be made publicly
                                                third party may not wish to be posted,                                                                         Leslie Kux,
                                                                                                        available, you can provide this
                                                such as medical information, your or                    information on the cover sheet and not                 Associate Commissioner for Policy.
                                                anyone else’s Social Security number, or                in the body of your comments and you                   [FR Doc. 2018–12368 Filed 6–7–18; 8:45 am]
                                                confidential business information, such                 must identify this information as                      BILLING CODE 4164–01–P
                                                as a manufacturing process. Please note                 ‘‘confidential.’’ Any information marked
                                                that if you include your name, contact                  as ‘‘confidential’’ will not be disclosed
                                                information, or other information that                  except in accordance with 21 CFR 10.20                 DEPARTMENT OF THE INTERIOR
                                                identifies you in the body of your                      and other applicable disclosure law. For
                                                comments, that information will be                      more information about FDA’s posting                   National Indian Gaming Commission
                                                posted on https://www.regulations.gov.                  of comments to public dockets, see 80
                                                  • If you want to submit a comment                     FR 56469, September 18, 2015, or access                25 CFR Part 543
                                                with confidential information that you                  the information at: https://www.gpo.gov/               RIN 3141–AA60
                                                do not wish to be made available to the                 fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                public, submit the comment as a                         23389.pdf.                                             Minimum Internal Control Standards
                                                written/paper submission and in the                        Docket: For access to the docket to
                                                manner detailed (see ‘‘Written/Paper                    read background documents or the                       AGENCY: National Indian Gaming
                                                Submissions’’ and ‘‘Instructions’’).                    electronic and written/paper comments                  Commission, Department of the Interior.
                                                Written/Paper Submissions                               received, go to https://                               ACTION: Notice of proposed rulemaking.
                                                                                                        www.regulations.gov and insert the
                                                  Submit written/paper submissions as                   docket number, found in brackets in the                SUMMARY:    The National Indian Gaming
                                                follows:                                                heading of this document, into the                     Commission (NIGC) proposes to amend
                                                  • Mail/Hand delivery/Courier (for                     ‘‘Search’’ box and follow the prompts                  its minimum internal control standards
                                                written/paper submissions): Dockets                     and/or go to the Dockets Management                    for Class II gaming under the Indian
                                                Management Staff (HFA–305), Food and                    Staff, 5630 Fishers Lane, Rm. 1061,                    Gaming Regulatory Act to correct an
                                                Drug Administration, 5630 Fishers                       Rockville, MD 20852.                                   erroneous deletion of the key control
                                                Lane, Rm. 1061, Rockville, MD 20852.                                                                           standards and to make other minor edits
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                  • For written/paper comments                                                                                 and additions for clarity.
                                                                                                        Gerie Voss, Center for Tobacco
                                                submitted to the Dockets Management                                                                            DATES: Written comments on this
                                                                                                        Products, Food and Drug
                                                Staff, FDA will post your comment, as                                                                          proposed rule must be received on or
                                                                                                        Administration, Document Control
                                                well as any attachments, except for                                                                            before July 9, 2018.
                                                                                                        Center, 10903 New Hampshire Ave.,
                                                information submitted, marked and
                                                                                                        Bldg. 71, Rm. G335, Silver Spring, MD                  ADDRESSES: You may submit comments
                                                identified, as confidential, if submitted
                                                                                                        20993, 1–877–CTP–1373, AskCTP@                         by any one of the following methods,
                                                as detailed in ‘‘Instructions.’’
                                                  Instructions: All submissions received                fda.hhs.gov.                                           however, please note that comments
                                                must include the Docket No. FDA–                        SUPPLEMENTARY INFORMATION: In the                      sent by electronic mail are strongly
                                                2017–N–6189 for ‘‘Tobacco Product                       Federal Register of March 16, 2018,                    encouraged.
                                                Standard for Nicotine Level of                          FDA published an ANPRM with a 90-                         D Email comments to: 543_
                                                Combusted Cigarettes.’’ Received                        day comment period to obtain                           comments@nigc.gov.
                                                comments, those filed in a timely                       information for consideration in                          D Mail comments to: National Indian
                                                manner (see ADDRESSES), will be placed                  developing a tobacco product standard                  Gaming Commission, 1849 C Street NW,
                                                in the docket and, except for those                     to set a maximum nicotine level in                     MS 1621, Washington, DC 20240.
                                                submitted as ‘‘Confidential                             combusted cigarettes so that they are                     D Fax comments to: National Indian
                                                Submissions,’’ publicly viewable at                     minimally addictive or nonaddictive.                   Gaming Commission at 202–632–0045.
                                                https://www.regulations.gov or at the                   Comments on the scope of products to                   FOR FURTHER INFORMATION CONTACT:
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Dockets Management Staff between 9                      be covered, maximum nicotine level for                 Jennifer Lawson at (202) 632–7003 or by
                                                a.m. and 4 p.m., Monday through                         a potential nicotine tobacco product                   fax (202) 632–7066 (these numbers are
                                                Friday.                                                 standard, implementation methods,                      not toll free).
                                                  • Confidential Submissions—To                         analytical testing methods, technical                  SUPPLEMENTARY INFORMATION:
                                                submit a comment with confidential                      achievability, possible countervailing
                                                information that you do not wish to be                  effects, and other topics will aid FDA in              I. Background
                                                made publicly available, submit your                    its consideration regarding development                  The Indian Gaming Regulatory Act
                                                comments only as a written/paper                        of a tobacco product standard to set a                 (IGRA or Act), Public Law 100–497, 25


                                           VerDate Sep<11>2014   16:24 Jun 07, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\08JNP1.SGM   08JNP1


                                                                           Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules                                              26621

                                                U.S.C. 2701 et seq., was signed into law                Regulatory Enforcement Fairness Act.                   on Commission Action with Tribal
                                                on October 17, 1988. The Act                            The rule does not have an effect on the                Implications, which is defined as: Any
                                                established the National Indian Gaming                  economy of $100 million or more. The                   Commission regulation, rulemaking,
                                                Commission (‘‘NIGC’’ or ‘‘Commission’’)                 rule will not cause a major increase in                policy, guidance, legislative proposal, or
                                                and set out a comprehensive framework                   costs or prices for consumers,                         operational activity that may have a
                                                for the regulation of gaming on Indian                  individual industries, Federal, State,                 substantial direct effect on an Indian
                                                lands. On January 5, 1999, the NIGC                     local government agencies or geographic                tribe on matters including, but not
                                                published a final rule in the Federal                   regions, nor will the proposed rule have               limited to the ability of an Indian tribe
                                                Register called Minimum Internal                        a significant adverse effect on                        to regulate its Indian gaming; an Indian
                                                Control Standards. 64 FR 590. The rule                  competition, employment, investment,                   tribe’s formal relationship with the
                                                added a new part to the Commission’s                    productivity, innovation, or the ability               Commission; or the consideration of the
                                                regulations establishing Minimum                        of the enterprises, to compete with                    Commission’s trust responsibilities to
                                                Internal Control Standards (MICS) to                    foreign based enterprises.                             Indian tribes.
                                                reduce the risk of loss because of                                                                                The key control language proposed
                                                                                                        Unfunded Mandates Reform Act                           here is the most substantive of all the
                                                customer or employee access to cash
                                                and cash equivalents within a casino.                     The Commission, as an independent                    changes and was the subject of
                                                The rule contains standards and                         regulatory agency, is exempt from                      extensive consultation in 2012 (77 FR
                                                procedures that govern cash handling,                   compliance with the Unfunded                           58708). The language proposed here has
                                                documentation, game integrity,                          Mandates Reform Act, 2 U.S.C. 1502(1);                 not changed since initially adopted. It
                                                auditing, surveillance, and variances, as               2 U.S.C. 658(1).                                       was inadvertently written over with the
                                                well as other areas.                                    Takings                                                addition of kiosk controls in 2013. The
                                                  The Commission recognized from                                                                               remaining changes are all technical in
                                                their inception that the MICS would                       In accordance with Executive Order                   nature, correcting numbering and
                                                require periodic review and updates to                  12630, the Commission has determined                   adding minor clarifications.
                                                keep pace with technology and has                       that the rule does not have significant
                                                                                                        takings implications. A takings                        List of Subjects in 25 CFR Part 543
                                                substantively amended them numerous
                                                times, most recently in late 2013 (78 FR                implication assessment is not required.                  Accounting, Administrative practice
                                                63873).                                                 Civil Justice Reform                                   and procedure, Gambling, Indian—
                                                                                                                                                               Indian lands, Reporting and
                                                II. Development of the Rule                               In accordance with Executive Order                   recordkeeping requirements.
                                                  On September 21, 2012, the                            12988, the Commission has determined                     For the reasons discussed in the
                                                Commission concluded nearly two years                   that the rule does not unduly burden the               Preamble, the Commission proposes to
                                                of consultation and drafting with the                   judicial system and meets the                          amend 25 CFR part 543 as follows:
                                                publication of comprehensive                            requirements of sections 3(a) and 3(b)(2)
                                                amendments, additions, and updates to                   of the Order.                                          PART 543—MINIMUM INTERNAL
                                                Part 543, the minimum internal control                  National Environmental Policy Act                      CONTROL STANDARDS FOR CLASS II
                                                standards (MICS) for Class II gaming                                                                           GAMING
                                                operations (77 FR 58708). The                             The Commission has determined that
                                                regulations require tribes to establish                 the rule does not constitute a major                   ■ 1. The authority for part 543
                                                controls and implement procedures at                    federal action significantly affecting the             continues to read as follows:
                                                least as stringent as those described in                quality of the human environment and                     Authority: 25 U.S.C. 2702(2), 2706(b)(1–4),
                                                this part to maintain the integrity of the              that no detailed statement is required                 2706(b)(10).
                                                gaming operation. In late 2013, the                     pursuant to the National Environmental
                                                                                                                                                               ■ 2. Amend § 543.10 by revising
                                                Commission published a final rule,                      Policy Act of 1969, 42 U.S.C. 4321, et
                                                                                                                                                               paragraph (e) to read as follows:
                                                adding kiosk drop, count, fill, and                     seq.
                                                surveillance standards to Part 543 (78                  Paperwork Reduction Act                                § 543.10 What are the minimum internal
                                                FR 63873).                                                                                                     control standards for card games?
                                                                                                          The information collection                           *     *      *   *      *
                                                  Now, the Commission proposes                          requirements contained in this rule
                                                additional revisions, largely technical in                                                                       (e) Standards for reconciliation of
                                                                                                        were previously approved by the Office                 card room bank. Two agents—one of
                                                nature, that are meant to correct earlier               of Management and Budget as required
                                                editing oversights and to better clarify                                                                       whom must be a supervisory agent—
                                                                                                        by 44 U.S.C. 3501, et seq., and assigned               must independently count the main
                                                the intent of the provisions.                           OMB Control Number 3141–0009. The                      card room bank and table inventory at
                                                III. Regulatory Matters                                 OMB control number expires on                          the end of each shift and record the
                                                                                                        November 30, 2018.                                     following information:
                                                Regulatory Flexibility Act
                                                                                                        Tribal Consultation                                      (1) Date;
                                                  The rule will not have a significant                                                                           (2) Shift;
                                                impact on a substantial number of small                    The National Indian Gaming                            (3) Table number (if applicable);
                                                entities as defined under the Regulatory                Commission is committed to fulfilling                    (4) Amount by denomination;
                                                Flexibility Act, 5 U.S.C. 601, et seq.                  its tribal consultation obligations—                     (5) Amount in total; and
                                                Moreover, Indian Tribes are not                         whether directed by statute or                           (6) Signatures of both agents.
amozie on DSK3GDR082PROD with PROPOSALS1




                                                considered to be small entities for the                 administrative action such as Executive                *     *      *   *      *
                                                purposes of the Regulatory Flexibility                  Order (E.O.) 13175 (Consultation and                   ■ 3. Amend § 543.17 by revising
                                                Act.                                                    Coordination with Indian Tribal                        paragraphs (d), (i)(4)(i), and (j) to read as
                                                                                                        Governments)—by adhering to the                        follows:
                                                Small Business Regulatory Enforcement                   consultation framework described in its
                                                Fairness Act                                            Consultation Policy published July 15,                 § 543.17 What are the minimum internal
                                                  The rule is not a major rule under 5                  2013. The NIGC’s consultation policy                   control standards for drop and count?
                                                U.S.C. 804(2), the Small Business                       specifies that it will consult with tribes             *       *    *    *     *


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                                                26622                      Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules

                                                   (d) Card game drop standards.                          (2) Access to and return of keys or                    (iii) Routine physical maintenance
                                                Controls must be established and                        equivalents must be documented with                    that requires access to the emergency
                                                procedures implemented to ensure                        the date, time, and signature or other                 manual key(s), and does not involve
                                                security of the drop process. Such                      unique identifier of the agent accessing               accessing the player interface drop and
                                                controls must include the following:                    or returning the key(s).                               count keys, only requires the presence
                                                   (1) Surveillance must be notified                      (i) For Tier A and B operations, at                  of two agents from separate
                                                when the drop is to begin so that                       least two (2) drop team agents are                     departments. The date, time, and reason
                                                surveillance may monitor the activities.                required to be present to access and                   for access must be documented with the
                                                   (2) At least two agents must be                      return keys. For Tier C operations, at                 signatures of all participating agents
                                                involved in the removal of the drop box,                least three (3) drop team agents are                   signing out/in the emergency manual
                                                at least one of whom is independent of                  required to be present to access and                   key(s).
                                                the card games department.                              return keys.                                             (9) Controls must be established and
                                                   (3) Once the drop is started, it must                  (ii) For Tier A and B operations, at                 procedures implemented to safeguard
                                                continue until finished.                                least two (2) count team agents are                    the use, access, and security of keys for
                                                   (4) All drop boxes may be removed                    required to be present at the time count               kiosks.
                                                only at the time previously designated                  room and other count keys are issued                   *      *    *     *     *
                                                by the gaming operation and reported to                 for the count. For Tier C operations, at               ■ 4. Amend § 543.18 by revising
                                                the TGRA. If an emergency drop is                       least three (two for card game drop box                paragraph (d)(6)(v) to read as follows:
                                                required, surveillance must be notified                 keys in operations with three tables or
                                                before the drop is conducted and the                    fewer) count team agents are required to               § 543.18 What are the minimum internal
                                                TGRA must be informed within a                          be present at the time count room and                  control standards for the cage, vault, kiosk,
                                                timeframe approved by the TGRA.                         other count keys are issued for the                    cash and cash equivalents?
                                                   (5) At the end of each shift:                        count.                                                 *     *    *     *      *
                                                   (i) All locked card game drop boxes                    (3) Documentation of all keys,                         (d) * *
                                                must be removed from the tables by an                   including duplicates, must be                            (6) * * *
                                                agent independent of the card game                      maintained, including:                                   (v) Dollar amount per financial
                                                shift being dropped;                                      (i) Unique identifier for each                       instrument redeemed;
                                                   (ii) For any tables opened during the                individual key;                                        *     *    *     *      *
                                                shift, a separate drop box must be                        (ii) Key storage location;                           ■ 5. Amend 543.23 by revising
                                                placed on each table, or a gaming                         (iii) Number of keys made,                           paragraph (c)(1)(viii) to read as follows:
                                                operation may utilize a single drop box                 duplicated, and destroyed; and
                                                with separate openings and                                (iv) Authorization and access.                       § 543.23 What are the minimum internal
                                                compartments for each shift; and                          (4) Custody of all keys involved in the              control standards for audit and accounting?
                                                   (iii) Card game drop boxes must be                   drop and count must be maintained by                   *      *     *    *    *
                                                transported directly to the count room                  a department independent of the count                     (c) * * *
                                                or other equivalently secure area by a                  and the drop agents as well as those                      (1) * * *
                                                minimum of two agents, at least one of                  departments being dropped and                             (viii) Drop and count standards,
                                                whom is independent of the card game                    counted.                                               including supervision, count room
                                                                                                          (5) Other than the count team, no                    access, count team, card game drop
                                                shift being dropped, until the count
                                                                                                        agent may have access to the drop box                  standards, player interface and financial
                                                takes place.
                                                   (6) All tables that were not open                    content keys while in possession of                    instrument drop standards, card game
                                                during a shift and therefore not part of                storage rack keys and/or release keys.                 count standards, player interface
                                                                                                          (6) Other than the count team, only                  financial instrument count standards,
                                                the drop must be documented.
                                                                                                        agents authorized to remove drop boxes                 collecting currency cassettes and
                                                   (7) All card game drop boxes must be
                                                                                                        are allowed access to drop box release                 financial instrument storage
                                                posted with a number corresponding to
                                                                                                        keys.                                                  components from kiosks, kiosk count
                                                a permanent number on the gaming
                                                                                                          (7) Any use of keys at times other than              standards, and controlled keys;
                                                table and marked to indicate game, table
                                                                                                        the scheduled drop and count must be
                                                number, and shift, if applicable.                                                                              *      *     *    *    *
                                                                                                        properly authorized and documented.
                                                *       *    *     *    *                                                                                      ■ 6. Amend 543.24 by revising
                                                                                                          (8) Emergency manual keys, such as
                                                   (i) * * *                                                                                                   paragraphs (a) and (d)(5) to read as
                                                                                                        an override key, for computerized,
                                                   (4) * * *                                                                                                   follows:
                                                                                                        electronic, and alternative key systems
                                                   (i) The count of each box must be                    must be maintained in accordance with                  § 543.24 What are the minimum internal
                                                recorded in ink or other permanent form                 the following:                                         control standards for auditing revenue?
                                                of recordation.                                           (i) Access to the emergency manual                     (a) Supervision. Supervision must be
                                                *       *    *     *    *                               key(s) used to access the box containing               provided as needed for revenue audit by
                                                   (j) Controlled keys. Controls must be                the player interface drop and count keys               an agent(s) with authority equal to or
                                                established and procedures                              requires the physical involvement of at                greater than those being supervised.
                                                implemented to safeguard the use,                       least three agents from separate
                                                                                                                                                               *     *    *     *     *
                                                access, and security of keys in                         departments, including management.
                                                                                                                                                                 (d) * * *
                                                accordance with the following:                          The date, time, and reason for access,
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                                                                                                                                                                 (5) Complimentary services or items.
                                                   (1) Each of the following requires a                 must be documented with the signatures
                                                                                                                                                               At least monthly, review the reports
                                                separate and unique key lock or                         of all participating persons signing out/
                                                                                                                                                               required in § 543.13(c). These reports
                                                alternative secure access method:                       in the emergency manual key(s);
                                                                                                                                                               must be made available to those entities
                                                   (i) Drop cabinet;                                      (ii) The custody of the emergency
                                                                                                                                                               authorized by the TGRA or by tribal law
                                                   (ii) Drop box release;                               manual keys requires the presence of
                                                                                                                                                               or ordinance.
                                                   (iii) Drop box content; and                          two agents from separate departments
                                                   (iv) Storage racks and carts used for                from the time of their issuance until the              *     *    *     *     *
                                                the drop.                                               time of their return; and                                  Dated: May 1, 2018, Washington, DC.



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                                                                           Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules                                           26623

                                                  Dated: May 7, 2018.                                   eRulemaking Portal (see ADDRESSES,                     questions or requests for additional
                                                Jonodev O. Chaudhuri,                                   below), must be received by 11:59 p.m.                 information to: COLORADO
                                                Chairman.                                               Eastern Time on the closing date. We                   BUTTERFLY PLANT QUESTIONS, U.S.
                                                  Dated: May 1, 2018.
                                                                                                        must receive requests for public                       Fish and Wildlife Service; Wyoming
                                                                                                        hearings, in writing, at the address                   Ecological Services Field Office; 5353
                                                Kathryn Isom-Clause,
                                                                                                        shown in FOR FURTHER INFORMATION                       Yellowstone Road, Suite 308A,
                                                Vice Chair.                                             CONTACT by July 23, 2018.                              Cheyenne, WY 82009. Individuals who
                                                  Dated: May 4, 2018.                                   ADDRESSES: Written comments: You may                   are hearing-impaired or speech-
                                                E. Sequoyah Simermeyer,                                 submit written comments by one of the                  impaired may call the Federal Relay
                                                Associate Commissioner.                                 following methods:                                     Service at 800–877–8339.
                                                [FR Doc. 2018–10365 Filed 6–7–18; 8:45 am]                 • Electronically: Go to the Federal                 SUPPLEMENTARY INFORMATION:
                                                BILLING CODE 7565–01–P                                  eRulemaking Portal: http://
                                                                                                                                                               Information Requested
                                                                                                        www.regulations.gov. In the Search box,
                                                                                                        enter Docket No. FWS–R6–ES–2018–                       Public Comments
                                                DEPARTMENT OF THE INTERIOR                              0008, which is the docket number for                      We want any final action resulting
                                                                                                        this rulemaking. Then, click on the                    from this proposal to be as accurate as
                                                Fish and Wildlife Service                               Search button. On the resulting page, in               possible. Therefore, we invite tribal and
                                                                                                        the Search panel on the left side of the               governmental agencies, the scientific
                                                50 CFR Part 17                                          screen, under the Document Type                        community, industry, and other
                                                [Docket No. FWS–R6–ES–2018–0008;                        heading, click on the Proposed Rules                   interested parties to submit comments
                                                FXES11130900000–189–FF09E42000]                         link to locate this document. You may                  or recommendations concerning any
                                                                                                        submit a comment by clicking on the                    aspect of this proposed rule. Comments
                                                RIN 1018–BC02
                                                                                                        blue ‘‘Comment Now!’’ box. If your                     should be as specific as possible. We
                                                Endangered and Threatened Wildlife                      comments will fit in the provided                      particularly seek comments and new
                                                and Plants; Removing Oenothera                          comment box, please use this feature of                information concerning:
                                                coloradensis (Colorado Butterfly Plant)                 http://www.regulations.gov, as it is most                 (1) Our analyses of the Colorado
                                                From the Federal List of Endangered                     compatible with our comment review                     butterfly plant’s abundance,
                                                and Threatened Plants                                   procedures. If you attach your                         distribution, and population trends;
                                                                                                        comments as a separate document, our                      (2) Potential impacts from
                                                AGENCY:   Fish and Wildlife Service,                    preferred file format is Microsoft Word.               disturbances, such as grazing and
                                                Interior.                                               If you attach multiple comments (such                  residential, urban, and energy
                                                ACTION: Proposed rule.                                  as form letters), our preferred formation              development;
                                                                                                        is a spreadsheet in Microsoft Excel.                      (3) Conservation activities within the
                                                SUMMARY:     We, the U.S. Fish and                         • By hard copy: Submit by U.S. mail                 plant’s range;
                                                Wildlife Service (Service), propose to                  or hand-delivery to: Public Comments                      (4) Potential impacts from the effects
                                                remove the Colorado butterfly plant                     Processing, Attn: FWS–R6–ES–2018–                      of climate change; and
                                                (Oenothera coloradensis, currently                      0008; U.S. Fish and Wildlife Service;                     (5) Input on considerations for post-
                                                listed as Gaura neomexicana ssp.                        MS: BPHC; 5275 Leesburg Pike, Falls                    delisting monitoring of the Colorado
                                                coloradensis) from the Federal List of                  Church, VA 22041–3803.                                 butterfly plant.
                                                Endangered and Threatened Plants                           We request that you submit written                     Please include sufficient supporting
                                                (List) due to recovery. This                            comments only by the methods                           information with your submission (such
                                                determination is based on a thorough                    described above. We will post all                      as scientific journal articles or other
                                                review of the best available scientific                 comments on http://                                    publications) to allow us to verify any
                                                and commercial data, which indicate                     www.regulations.gov. This generally                    scientific or commercial information
                                                that the threats to the Colorado butterfly              means that we will post any personal                   you include. Please note that
                                                plant have been eliminated or reduced                   information you provide us (see Public                 submissions merely stating support for
                                                to the point that it has recovered, and                 Comments, below, for more details).                    or opposition to the action under
                                                that this plant is no longer likely to                     Document availability: This proposed                consideration without providing
                                                become endangered in the foreseeable                    rule and supporting documents,                         supporting information, although noted,
                                                future and, therefore, no longer meets                  including a copy of the draft post-                    may not meet the standard of
                                                the definition of a threatened species                  delisting monitoring plan referenced in                information required by section
                                                under the Endangered Species Act of                     this document, are available on http://                4(b)(1)(A) of the Act (16 U.S.C. 1531 et
                                                1973, as amended (Act). This proposed                   www.regulations.gov at Docket No.                      seq.), which directs that determinations
                                                rule, if made final, would also remove                  FWS–R6–ES–2018–0008. In addition,                      as to whether any species is an
                                                the currently designated critical habitat               the supporting file for this proposed                  endangered or threatened species must
                                                for the Colorado butterfly plant. We are                rule will be available for public                      be made ‘‘solely on the basis of the best
                                                seeking information, data, and                          inspection, by appointment, during                     scientific and commercial data
                                                comments from the public on the                         normal business hours at the Wyoming                   available.’’
                                                proposed rule to remove the Colorado                    Ecological Services Field Office; 5353                    To issue a final rule to implement this
                                                butterfly plant from the List (i.e.,                    Yellowstone Road, Suite 308A,                          proposed action, we will take into
amozie on DSK3GDR082PROD with PROPOSALS1




                                                ‘‘delist’’ the species). In addition, we are            Cheyenne, WY 82009; telephone: 307–                    consideration all comments and any
                                                also seeking input on considerations for                772–2374. Persons who use a                            additional information we receive. Such
                                                post-delisting monitoring of the                        telecommunications device for the deaf                 communications may lead to a final rule
                                                Colorado butterfly plant.                               (TDD) may call the Federal Relay                       that differs from this proposal. All
                                                DATES: We will accept comments                          Service at 800–877–8339.                               comments, including commenters’
                                                received or postmarked on or before                     FOR FURTHER INFORMATION CONTACT:                       names and addresses, if provided to us,
                                                August 7, 2018. Comments submitted                      Tyler A. Abbott, Field Supervisor,                     will become part of the supporting
                                                electronically using the Federal                        telephone: 307–772–2374. Direct all                    record.


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Document Created: 2018-06-08 01:22:46
Document Modified: 2018-06-08 01:22:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesWritten comments on this proposed rule must be received on or before July 9, 2018.
ContactJennifer Lawson at (202) 632-7003 or by fax (202) 632-7066 (these numbers are not toll free).
FR Citation83 FR 26620 
RIN Number3141-AA60
CFR AssociatedAccounting; Administrative Practice and Procedure; Gambling; Indian-Indian Lands and Reporting and Recordkeeping Requirements

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