83_FR_47146 83 FR 46966 - Submission of Information Collections Under the Paperwork Reduction Act

83 FR 46966 - Submission of Information Collections Under the Paperwork Reduction Act

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission

Federal Register Volume 83, Issue 180 (September 17, 2018)

Page Range46966-46968
FR Document2018-20130

In compliance with the Paperwork Reduction Act of 1995, the National Indian Gaming Commission (NIGC or Commission) is announcing its submission, concurrently with the publication of this notice or soon thereafter, of the following information collection requests to the Office of Management and Budget (OMB) for review and approval. The Commission is seeking comments on the renewal of information collections for the following activities: (i) Indian gaming management contract-related submissions, as authorized by OMB Control Number 3141- 0004 (expires on November 30, 2018); (ii) Indian gaming fee payments- related submissions, as authorized by OMB Control Number 3141-0007 (expires on November 30, 2018); (iii) minimum internal control standards for class II gaming submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0009 (expires on November 30, 2018); (iv) facility license-related submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0012 (expires on November 30, 2018); and (v) minimum technical standards for class II gaming systems and equipment submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0014 (expires on November 30, 2018).

Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018) 
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46966-46968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20130]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Submission of Information Collections Under the Paperwork 
Reduction Act

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Second notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
National Indian Gaming Commission (NIGC or Commission) is announcing 
its submission, concurrently with the publication of this notice or 
soon thereafter, of the following information collection requests to 
the Office of Management and Budget (OMB) for review and approval.
    The Commission is seeking comments on the renewal of information 
collections for the following activities: (i) Indian gaming management 
contract-related submissions, as authorized by OMB Control Number 3141-
0004 (expires on November 30, 2018); (ii) Indian gaming fee payments-
related submissions, as authorized by OMB Control Number 3141-0007 
(expires on November 30, 2018); (iii) minimum internal control 
standards for class II gaming submission and recordkeeping 
requirements, as authorized by OMB Control Number 3141-0009 (expires on 
November 30, 2018); (iv) facility license-related submission and 
recordkeeping requirements, as authorized by OMB Control Number 3141-
0012 (expires on November 30, 2018); and (v) minimum technical 
standards for class II gaming systems and equipment submission and 
recordkeeping requirements, as authorized by OMB Control Number 3141-
0014 (expires on November 30, 2018).

DATES: The OMB has up to 60 days to approve or disapprove the 
information collection requests, but may respond after 30 days. 
Therefore, public comments should be submitted to OMB by October 17, 
2018 in order to be assured of consideration.

ADDRESSES: Submit comments directly to OMB's Office of Information and 
Regulatory Affairs, Attn: Policy Analyst/Desk Officer for the National 
Indian Gaming Commission. Comments can also be emailed to 
OIRA_Submission@omb.eop.gov, include reference to ``NIGC PRA Renewals'' 
in the subject line.

FOR FURTHER INFORMATION CONTACT: For further information, including 
copies of the proposed information collection requests and supporting 
documentation, contact Tim Osumi at (202) 632-7003; fax (202) 632-7066 
(not toll-free numbers). You may also review these information 
collection requests by going to http://www.reginfo.gov (Information 
Collection Review, Currently Under Review, Agency: National Indian 
Gaming Commission).

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The gathering of this information is in keeping with the purposes 
of the Indian Gaming Regulatory Act of 1988 (IGRA or the Act), Public 
Law 100-497, 25 U.S.C. 2701, et seq., which include: Providing a 
statutory basis for the operation of gaming by Indian tribes as a means 
of promoting tribal economic development, self-sufficiency, and strong 
tribal governments; ensuring that the Indian tribe is the primary 
beneficiary of the gaming operation; and declaring that the 
establishment of independent federal regulatory authority for gaming on 
Indian lands, the establishment of federal standards for gaming on 
Indian lands, and the establishment of the Commission are necessary to 
meet congressional concerns regarding gaming and to protect such gaming 
as a means of

[[Page 46967]]

generating tribal revenue. 25 U.S.C. 2702. The Act established the 
Commission and laid out a comprehensive framework for the regulation of 
gaming on Indian lands.

II. Data

    Title: Management Contract Provisions.
    OMB Control Number: 3141-0004.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act requires the NIGC 
Chairman to review and approve all management contracts for the 
operation and management of class II and/or class III gaming 
activities, and to conduct background investigations of persons with 
direct or indirect financial interests in, and management 
responsibility for, management contracts. 25 U.S.C. 2710, 2711. The 
Commission is authorized to ``promulgate such regulations and 
guidelines as it deems appropriate to implement'' IGRA. 25 U.S.C. 
2706(b)(10). The Commission has promulgated parts 533, 535, and 537 of 
title 25, Code of Federal Regulations, to implement these statutory 
requirements.
    Section 533.2 requires a tribe or management contractor to submit a 
management contract for review within 60 days of execution, and to 
submit all of the items specified in Sec.  533.3. Section 535.1 
requires a tribe to submit an amendment to a management contract within 
30 days of execution, and to submit all of the items specified in Sec.  
535.1(c). Section 535.2 requires a tribe or a management contractor, 
upon execution, to submit the assignment by a management contractor of 
its rights under a previously approved management contract. Section 
537.1 requires a management contractor to submit all of the items 
specified in Sec.  537.1(b), (c) in order for the Commission to conduct 
background investigations on: Each person with management 
responsibility for a management contract; each person who is a director 
of a corporation that is a party to a management contract; the ten 
persons who have the greatest direct or indirect financial interest in 
a management contract; any entity with a financial interest in a 
management contract; and any other person with a direct or indirect 
financial interest in a management contract, as otherwise designated by 
the Commission. This collection is mandatory, and the benefit to the 
respondents is the approval of Indian gaming management contracts, and 
any amendments thereto.
    Respondents: Tribal governing bodies and management contractors.
    Estimated Annual Responses: 51 (submissions of contracts, contract 
amendments, contract assignments, and background investigation 
material).
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 8 burden hours to 14 burden hours for 
one item.
    Frequency of Response: Usually no more than once per year.
    Estimated Total Annual Burden Hours on Respondents: 440.
    Estimated Total Non-Hour Cost Burden: $379,480.
    Title: Fees.
    OMB Control Number: 3141-0007.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act requires Indian 
tribes that conduct a class II and/or class III gaming activity to pay 
annual fees to the Commission on the basis of the assessable gross 
revenues of each gaming operation using rates established by the 
Commission. 25 U.S.C. 2717. The Commission is authorized to 
``promulgate such regulations and guidelines as it deems appropriate to 
implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission has promulgated 
part 514 of title 25, Code of Federal Regulations, to implement these 
statutory requirements.
    Section 514.6 requires a tribe to submit, along with its fee 
payments, quarterly fee statements (worksheets) showing its assessable 
gross revenues for the previous fiscal year in order to support the 
computation of fees paid by each gaming operation. Section 514.7 
requires a tribe to submit a notice within 30 days after a gaming 
operation changes its fiscal year. Section 514.15 allows a tribe to 
submit fingerprint cards to the Commission for processing by the 
Federal Bureau of Investigation (FBI), along with a fee to cover the 
NIGC's and FBI's respective costs to process the fingerprint cards on 
behalf of the tribes. Part of this collection is mandatory and the 
other part is voluntary. The required submission of the fee worksheets 
allows the Commission to both set and adjust fee rates, and to support 
the computation of fees paid by each gaming operation. In addition, the 
voluntary submission of fingerprint cards allows a tribe to conduct 
statutorily mandated background investigations on applicants for key 
employee and primary management official positions.
    Respondents: Indian gaming operations.
    Estimated Number of Respondents: 664.
    Estimated Annual Responses: 74,706.
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 0.5 burden hours to 2.0 burden hours 
for one item.
    Frequency of Response: Quarterly (for fee worksheets); varies (for 
fingerprint cards and fiscal year change notices).
    Estimated Total Annual Burden on Respondents: 47,498.
    Estimated Total Non-Hour Cost Burden: $1,312,857.
    Title: Minimum Internal Control Standards for Class II Gaming.
    OMB Control Number: 3141-0009.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act directs the 
Commission to monitor class II gaming conducted on Indian lands on a 
continuing basis in order to adequately shield Indian gaming from 
organized crime and other corrupting influences, to ensure that the 
Indian tribe is the primary beneficiary of the gaming operation, and to 
assure that gaming is conducted fairly and honestly by both the 
operator and players. 25 U.S.C. 2702(2), 2706(b)(1). The Commission is 
also authorized to ``promulgate such regulations and guidelines as it 
deems appropriate to implement'' IGRA. 25 U.S.C. 2706(b)(10). The 
Commission has promulgated part 543 of title 25, Code of Federal 
Regulations, to aid it in monitoring class II gaming on a continuing 
basis.
    Section 543.3 requires a tribal gaming regulatory authority (TGRA) 
to submit to the Commission a notice requesting an extension to the 
deadline (by an additional six months) to achieve compliance with the 
requirements of the new tier after a gaming operation has moved from 
one tier to another. Section 543.5 requires a TGRA to submit a detailed 
report after the TGRA has approved an alternate standard to any of the 
NIGC's minimum internal control standards, and the report must contain 
all of the items specified in Sec.  543.5(a)(2). Section 543.23(c) 
requires a tribe to maintain internal audit reports and to make such 
reports available to the Commission upon request. Section 543.23(d) 
requires a tribe to submit two copies of the agreed-upon procedures 
(AUP) report within 120 days of the gaming operation's fiscal year end. 
This collection is mandatory and allows the NIGC to confirm tribal 
compliance with the minimum internal control standards in the AUP 
reports.
    Respondents: Tribal governing bodies.
    Estimated Number of Respondents: 424.
    Estimated Annual Responses: 798.

[[Page 46968]]

    Estimated Time per Response: Depending on the tier level of the 
gaming facility, the range of time can vary from 1 burden hour to 108 
burden hours for one AUP audit report.
    Frequency of Response: Annually.
    Estimated Total Annual Hourly Burden to Respondents: 8,467.
    Estimated Total Non-Hour Cost Burden: $8,359,234.
    Title: Facility License Notifications and Submissions.
    OMB Control Number: 3141-0012.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act requires Indian 
tribes that conduct class II and/or class III gaming to issue ``a 
separate license . . . for each place, facility, or location on Indian 
lands at which class II [and class III] gaming is conducted,'' 25 
U.S.C. 2710(b)(1), (d)(1), and to ensure that ``the construction and 
maintenance of the gaming facilities, and the operation of that gaming 
is conducted in a manner which adequately protects the environment and 
public health and safety.'' 25 U.S.C. 2710(b)(2)(E). The Commission is 
authorized to ``promulgate such regulations and guidelines as it deems 
appropriate to implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission 
has promulgated part 559 of title 25, Code of Federal Regulations, to 
implement these requirements.
    Section 559.2 requires a tribe to submit a notice (that a facility 
license is under consideration for issuance) at least 120 days before 
opening any new facility on Indian lands where class II and/or class 
III gaming will occur, with the notice containing all of the items 
specified in Sec.  559.2(b). Section 559.3 requires a tribe to submit a 
copy of each newly issued or renewed facility license within 30 days of 
issuance. Section 559.4 requires a tribe to submit an attestation 
certifying that by issuing the facility license, the tribe has 
determined that the construction, maintenance, and operation of that 
gaming facility is conducted in a manner that adequately protects the 
environment and the public health and safety. Section 559.5 requires a 
tribe to submit a notice within 30 days if a facility license is 
terminated or expires or if a gaming operation closes or reopens. 
Section 559.6 requires a tribe to maintain and provide applicable and 
available Indian lands or environmental and public health and safety 
documentation, if requested by the NIGC. This collection is mandatory 
and enables the Commission to perform its statutory duty by ensuring 
that tribal gaming facilities on Indian lands are properly licensed by 
the tribes.
    Respondents: Indian tribal gaming operations.
    Estimated Annual Respondents: 544.
    Estimated Annual Responses: 847.
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 0.5 burden hours to 22.0 burden hours 
for one item.
    Frequency of Response: Varies.
    Estimated Total Annual Hourly Burden to Respondents: 4,351.
    Estimated Total Non-Hour Cost Burden: $0.
    Title: Minimum Technical Standards for Class II Gaming Systems and 
Equipment.
    OMB Control Number: 3141-0014.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act directs the 
Commission to monitor class II gaming conducted on Indian lands on a 
continuing basis in order to adequately shield Indian gaming from 
organized crime and other corrupting influences, to ensure that the 
Indian tribe is the primary beneficiary of the gaming operation, and to 
assure that gaming is conducted fairly and honestly by both the 
operator and players. 25 U.S.C. 2702(2), 2706(b)(1). The Act allows 
Indian tribes to use ``electronic, computer, or other technologic 
aids'' to conduct class II gaming activities. 25 U.S.C. 2703(7)(A). The 
Commission is authorized to ``promulgate such regulations and 
guidelines as it deems appropriate to implement'' IGRA. 25 U.S.C. 
2706(b)(10). The Commission has promulgated part 547 of title 25, Code 
of Federal Regulations, to aid it in monitoring class II gaming 
facilities that are using electronic, computer, or other technologic 
aids to conduct class II gaming.
    Section 547.5(a)(2) requires that, for any grandfathered class II 
gaming system made available for use at any tribal gaming operation, 
the tribal gaming regulatory authority (TGRA): Must retain copies of 
the gaming system's testing laboratory report, the TGRA's compliance 
certificate, and the TGRA's approval of its use; and must maintain 
records identifying these grandfathered class II gaming systems and 
their components. Section 547.5(b)(2) requires that, for any class II 
gaming system generally, the TGRA must retain a copy of the system's 
testing laboratory report, and maintain records identifying the system 
and its components. As long as a class II gaming system is available to 
the public for play, section 547.5(c)(3) requires a TGRA to maintain 
records of any modification to such gaming system and a copy of its 
testing laboratory report. Section 547.5(d)(3) requires a TGRA to 
maintain records of approved emergency hardware and software 
modifications to a class II gaming system (and a copy of the testing 
laboratory report) so long as the gaming system remains available to 
the public for play, and must make the records available to the 
Commission upon request. Section 547.5(f) requires a TGRA to maintain 
records of its following determinations: (i) Regarding a testing 
laboratory's (that is owned or operated or affiliated with a tribe) 
independence from the manufacturer and gaming operator for whom it is 
providing the testing, evaluating, and reporting functions; (ii) 
regarding a testing laboratory's suitability determination based upon 
standards no less stringent than those set out in 25 CFR 
533.6(b)(1)(ii) through (v) and based upon no less information than 
that required by 25 CFR 537.1; and/or (iii) the TGRA's acceptance of a 
testing laboratory's suitability determination made by any other gaming 
regulatory authority in the United States. The TGRA must maintain said 
records for a minimum of three years and must make the records 
available to the Commission upon request. Section 547.17 requires a 
TGRA to submit a detailed report for each enumerated standard for which 
the TGRA approves an alternate standard, and the report must include: 
(i) An explanation of how the alternate standard achieves a level of 
security and integrity sufficient to accomplish the purpose of the 
standard it is to replace; and (ii) the alternate standard as approved 
and the record on which the approval is based. This collection is 
mandatory and allows the NIGC to confirm tribal compliance with NIGC 
regulations on ``electronic, computer, or other technologic aids'' to 
conduct class II gaming activities.
    Respondents: Tribal governing bodies.
    Estimated Number of Respondents: 685.
    Estimated Annual Responses: 685.
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 1.0 burden hours to 16.0 burden hours 
for one item.
    Frequency of Response: Annually.
    Estimated Total Annual Hourly Burden to Respondents: 1,651.
    Estimated Total Non-Hour Cost Burden: $0.

    Dated: September 12, 2018.
Christinia Thomas,
Chief of Staff (Acting).
[FR Doc. 2018-20130 Filed 9-14-18; 8:45 am]
BILLING CODE 7565-01-P

46966 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices are available for review. To locate the comments, go to www.regulations.gov number (e.g., 12345C) provided in the application materials and received and search for the appropriate permit following table: Permit No. Applicant Permit issuance date 115344 ........................ Forrest Simpson ........................................................................................................................ April 17, 2018. 58260C ........................ Northeastern University/Ocean Genome Legacy Center .......................................................... April 11, 2018. 125284 ........................ Smithsonian Institution/National Museum of Natural History .................................................... April 12, 2018. 42528C ........................ Miami-Dade Zoological Park and Gardens ............................................................................... March 20, 2018. 51951C ........................ East Texas Ranch, LP ............................................................................................................... July 24, 2018. 37142A ........................ East Texas Ranch, LP ............................................................................................................... July 24, 2018. 32977C ........................ Denver Zoological Foundation, d/b/a Denver Zoo .................................................................... June 20, 2018. Permit Issued Under Emergency as amended (16 U.S.C. 1361 et seq.), and 3141–0014 (expires on November 30, Exemption its implementing regulations. 2018). On May 23, 2017, the Service issued Brenda Tapia, DATES: The OMB has up to 60 days to Program Analyst/Data Administrator, Branch approve or disapprove the information a permit (Permit No. 90984C) to the of Permits, Division of Management collection requests, but may respond Wildlife Conservation Society, New Authority. after 30 days. Therefore, public York, New York, to import biological [FR Doc. 2018–20078 Filed 9–14–18; 8:45 am] comments should be submitted to OMB samples from confiscated wild-caught by October 17, 2018 in order to be BILLING CODE 4333–15–P specimens of radiated tortoise assured of consideration. (Astrochelys radiata) in Madagascar, for ADDRESSES: Submit comments directly the purpose of enhancement of the DEPARTMENT OF THE INTERIOR to OMB’s Office of Information and survival of the species. This action was Regulatory Affairs, Attn: Policy Analyst/ authorized under section 10(c) of the National Indian Gaming Commission Desk Officer for the National Indian Endangered Species Act of 1973, as Gaming Commission. Comments can amended (16 U.S.C. 1531 et seq.). The Submission of Information Collections Under the Paperwork Reduction Act also be emailed to OIRA_Submission@ Service determined that an emergency omb.eop.gov, include reference to affecting the health and well-being of AGENCY: National Indian Gaming ‘‘NIGC PRA Renewals’’ in the subject these confiscated tortoises existed, and Commission, Interior. line. that no reasonable alternative was ACTION: Second notice and request for FOR FURTHER INFORMATION CONTACT: For available to the applicant for the comments. further information, including copies of following reason: the proposed information collection SUMMARY: In compliance with the The Wildlife Conservation Society Paperwork Reduction Act of 1995, the requests and supporting documentation, requested a permit to import biological National Indian Gaming Commission contact Tim Osumi at (202) 632–7003; samples from Dr. Randriamahazo (NIGC or Commission) is announcing its fax (202) 632–7066 (not toll-free Herilala in Analamanga, Madagascar, submission, concurrently with the numbers). You may also review these due to the pending review of their publication of this notice or soon information collection requests by going request for a blanket import permit thereafter, of the following information to http://www.reginfo.gov (Information covering biological samples from collection requests to the Office of Collection Review, Currently Under multiple species (Permit No. 85317C) Management and Budget (OMB) for Review, Agency: National Indian for scientific research and diagnostics review and approval. Gaming Commission). purposes. The length of time involved The Commission is seeking comments SUPPLEMENTARY INFORMATION: in reviewing this application, as well as on the renewal of information collections for the following activities: I. Abstract the regulatory requirement for a 30-day public comment period associated with (i) Indian gaming management contract- The gathering of this information is in this proposed activity, would have related submissions, as authorized by keeping with the purposes of the Indian caused an undue delay in analyzing OMB Control Number 3141–0004 Gaming Regulatory Act of 1988 (IGRA or these samples for the presence of any (expires on November 30, 2018); (ii) the Act), Public Law 100–497, 25 U.S.C. potential pathogens, diseases, or Indian gaming fee payments-related 2701, et seq., which include: Providing nutritional deficiencies relating to these submissions, as authorized by OMB a statutory basis for the operation of confiscated specimens. This analysis is Control Number 3141–0007 (expires on gaming by Indian tribes as a means of needed to help facilitate the placement November 30, 2018); (iii) minimum promoting tribal economic internal control standards for class II development, self-sufficiency, and and care of these confiscated specimens gaming submission and recordkeeping strong tribal governments; ensuring that within Madagascar, mitigating further requirements, as authorized by OMB the Indian tribe is the primary mortalities and improving the Control Number 3141–0009 (expires on beneficiary of the gaming operation; and conditions under which these November 30, 2018); (iv) facility license- declaring that the establishment of specimens are currently being held. related submission and recordkeeping independent federal regulatory daltland on DSKBBV9HB2PROD with NOTICES Authority requirements, as authorized by OMB authority for gaming on Indian lands, Control Number 3141–0012 (expires on the establishment of federal standards We issue this notice under the November 30, 2018); and (v) minimum for gaming on Indian lands, and the authority of the Endangered Species technical standards for class II gaming establishment of the Commission are Act, as amended (16 U.S.C. 1531 et systems and equipment submission and necessary to meet congressional seq.), and its implementing regulations, recordkeeping requirements, as concerns regarding gaming and to and the Marine Mammal Protection Act, authorized by OMB Control Number protect such gaming as a means of VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1

Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices 46967 generating tribal revenue. 25 U.S.C. Estimated Annual Responses: 51 Estimated Time per Response: 2702. The Act established the (submissions of contracts, contract Depending on the type of submission, Commission and laid out a amendments, contract assignments, and the range of time can vary from 0.5 comprehensive framework for the background investigation material). burden hours to 2.0 burden hours for regulation of gaming on Indian lands. Estimated Time per Response: one item. Depending on the type of submission, Frequency of Response: Quarterly (for II. Data the range of time can vary from 8 fee worksheets); varies (for fingerprint Title: Management Contract burden hours to 14 burden hours for one cards and fiscal year change notices). Provisions. item. Estimated Total Annual Burden on OMB Control Number: 3141–0004. Frequency of Response: Usually no Respondents: 47,498. Brief Description of Collection: more than once per year. Estimated Total Non-Hour Cost Amongst other actions necessary to Estimated Total Annual Burden Burden: $1,312,857. carry out the Commission’s statutory Hours on Respondents: 440. Title: Minimum Internal Control duties, the Act requires the NIGC Estimated Total Non-Hour Cost Standards for Class II Gaming. Chairman to review and approve all Burden: $379,480. OMB Control Number: 3141–0009. Title: Fees. management contracts for the operation Brief Description of Collection: OMB Control Number: 3141–0007. and management of class II and/or class Brief Description of Collection: Amongst other actions necessary to III gaming activities, and to conduct Amongst other actions necessary to carry out the Commission’s statutory background investigations of persons carry out the Commission’s statutory duties, the Act directs the Commission with direct or indirect financial interests duties, the Act requires Indian tribes to monitor class II gaming conducted on in, and management responsibility for, that conduct a class II and/or class III Indian lands on a continuing basis in management contracts. 25 U.S.C. 2710, gaming activity to pay annual fees to the order to adequately shield Indian 2711. The Commission is authorized to Commission on the basis of the gaming from organized crime and other ‘‘promulgate such regulations and assessable gross revenues of each corrupting influences, to ensure that the guidelines as it deems appropriate to gaming operation using rates established Indian tribe is the primary beneficiary of implement’’ IGRA. 25 U.S.C. by the Commission. 25 U.S.C. 2717. The the gaming operation, and to assure that 2706(b)(10). The Commission has Commission is authorized to gaming is conducted fairly and honestly promulgated parts 533, 535, and 537 of ‘‘promulgate such regulations and by both the operator and players. 25 title 25, Code of Federal Regulations, to guidelines as it deems appropriate to U.S.C. 2702(2), 2706(b)(1). The implement these statutory requirements. implement’’ IGRA. 25 U.S.C. Commission is also authorized to Section 533.2 requires a tribe or 2706(b)(10). The Commission has ‘‘promulgate such regulations and management contractor to submit a promulgated part 514 of title 25, Code guidelines as it deems appropriate to management contract for review within of Federal Regulations, to implement implement’’ IGRA. 25 U.S.C. 60 days of execution, and to submit all these statutory requirements. 2706(b)(10). The Commission has of the items specified in § 533.3. Section Section 514.6 requires a tribe to promulgated part 543 of title 25, Code 535.1 requires a tribe to submit an submit, along with its fee payments, of Federal Regulations, to aid it in amendment to a management contract quarterly fee statements (worksheets) monitoring class II gaming on a within 30 days of execution, and to showing its assessable gross revenues continuing basis. submit all of the items specified in for the previous fiscal year in order to Section 543.3 requires a tribal gaming § 535.1(c). Section 535.2 requires a tribe support the computation of fees paid by regulatory authority (TGRA) to submit or a management contractor, upon each gaming operation. Section 514.7 to the Commission a notice requesting execution, to submit the assignment by requires a tribe to submit a notice an extension to the deadline (by an a management contractor of its rights within 30 days after a gaming operation additional six months) to achieve under a previously approved changes its fiscal year. Section 514.15 compliance with the requirements of the management contract. Section 537.1 allows a tribe to submit fingerprint new tier after a gaming operation has requires a management contractor to cards to the Commission for processing moved from one tier to another. Section submit all of the items specified in by the Federal Bureau of Investigation 543.5 requires a TGRA to submit a § 537.1(b), (c) in order for the (FBI), along with a fee to cover the detailed report after the TGRA has Commission to conduct background NIGC’s and FBI’s respective costs to approved an alternate standard to any of investigations on: Each person with process the fingerprint cards on behalf the NIGC’s minimum internal control management responsibility for a of the tribes. Part of this collection is standards, and the report must contain management contract; each person who mandatory and the other part is all of the items specified in § 543.5(a)(2). is a director of a corporation that is a voluntary. The required submission of Section 543.23(c) requires a tribe to party to a management contract; the ten the fee worksheets allows the maintain internal audit reports and to persons who have the greatest direct or Commission to both set and adjust fee make such reports available to the indirect financial interest in a rates, and to support the computation of Commission upon request. Section management contract; any entity with a fees paid by each gaming operation. In 543.23(d) requires a tribe to submit two financial interest in a management addition, the voluntary submission of copies of the agreed-upon procedures contract; and any other person with a fingerprint cards allows a tribe to (AUP) report within 120 days of the direct or indirect financial interest in a conduct statutorily mandated gaming operation’s fiscal year end. This management contract, as otherwise background investigations on applicants collection is mandatory and allows the daltland on DSKBBV9HB2PROD with NOTICES designated by the Commission. This for key employee and primary NIGC to confirm tribal compliance with collection is mandatory, and the benefit management official positions. the minimum internal control standards to the respondents is the approval of Respondents: Indian gaming in the AUP reports. Indian gaming management contracts, operations. Respondents: Tribal governing bodies. and any amendments thereto. Estimated Number of Respondents: Estimated Number of Respondents: Respondents: Tribal governing bodies 664. 424. and management contractors. Estimated Annual Responses: 74,706. Estimated Annual Responses: 798. VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1

46968 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices Estimated Time per Response: Respondents: Indian tribal gaming Section 547.5(d)(3) requires a TGRA to Depending on the tier level of the operations. maintain records of approved gaming facility, the range of time can Estimated Annual Respondents: 544. emergency hardware and software vary from 1 burden hour to 108 burden Estimated Annual Responses: 847. modifications to a class II gaming hours for one AUP audit report. Estimated Time per Response: system (and a copy of the testing Frequency of Response: Annually. Depending on the type of submission, laboratory report) so long as the gaming Estimated Total Annual Hourly the range of time can vary from 0.5 system remains available to the public Burden to Respondents: 8,467. burden hours to 22.0 burden hours for for play, and must make the records Estimated Total Non-Hour Cost one item. available to the Commission upon Burden: $8,359,234. Frequency of Response: Varies. request. Section 547.5(f) requires a Title: Facility License Notifications Estimated Total Annual Hourly TGRA to maintain records of its and Submissions. Burden to Respondents: 4,351. following determinations: (i) Regarding OMB Control Number: 3141–0012. Estimated Total Non-Hour Cost a testing laboratory’s (that is owned or Brief Description of Collection: Burden: $0. Title: Minimum Technical Standards operated or affiliated with a tribe) Amongst other actions necessary to carry out the Commission’s statutory for Class II Gaming Systems and independence from the manufacturer duties, the Act requires Indian tribes Equipment. and gaming operator for whom it is that conduct class II and/or class III OMB Control Number: 3141–0014. providing the testing, evaluating, and gaming to issue ‘‘a separate license . . . Brief Description of Collection: reporting functions; (ii) regarding a for each place, facility, or location on Amongst other actions necessary to testing laboratory’s suitability Indian lands at which class II [and class carry out the Commission’s statutory determination based upon standards no III] gaming is conducted,’’ 25 U.S.C. duties, the Act directs the Commission less stringent than those set out in 25 2710(b)(1), (d)(1), and to ensure that to monitor class II gaming conducted on CFR 533.6(b)(1)(ii) through (v) and ‘‘the construction and maintenance of Indian lands on a continuing basis in based upon no less information than the gaming facilities, and the operation order to adequately shield Indian that required by 25 CFR 537.1; and/or of that gaming is conducted in a manner gaming from organized crime and other (iii) the TGRA’s acceptance of a testing which adequately protects the corrupting influences, to ensure that the laboratory’s suitability determination environment and public health and Indian tribe is the primary beneficiary of made by any other gaming regulatory safety.’’ 25 U.S.C. 2710(b)(2)(E). The the gaming operation, and to assure that authority in the United States. The Commission is authorized to gaming is conducted fairly and honestly TGRA must maintain said records for a ‘‘promulgate such regulations and by both the operator and players. 25 minimum of three years and must make guidelines as it deems appropriate to U.S.C. 2702(2), 2706(b)(1). The Act the records available to the Commission implement’’ IGRA. 25 U.S.C. allows Indian tribes to use ‘‘electronic, upon request. Section 547.17 requires a 2706(b)(10). The Commission has computer, or other technologic aids’’ to TGRA to submit a detailed report for promulgated part 559 of title 25, Code conduct class II gaming activities. 25 each enumerated standard for which the of Federal Regulations, to implement U.S.C. 2703(7)(A). The Commission is TGRA approves an alternate standard, these requirements. authorized to ‘‘promulgate such and the report must include: (i) An Section 559.2 requires a tribe to regulations and guidelines as it deems explanation of how the alternate submit a notice (that a facility license is appropriate to implement’’ IGRA. 25 standard achieves a level of security and under consideration for issuance) at U.S.C. 2706(b)(10). The Commission has integrity sufficient to accomplish the least 120 days before opening any new promulgated part 547 of title 25, Code purpose of the standard it is to replace; facility on Indian lands where class II of Federal Regulations, to aid it in and (ii) the alternate standard as and/or class III gaming will occur, with monitoring class II gaming facilities that approved and the record on which the the notice containing all of the items are using electronic, computer, or other approval is based. This collection is specified in § 559.2(b). Section 559.3 technologic aids to conduct class II mandatory and allows the NIGC to requires a tribe to submit a copy of each gaming. confirm tribal compliance with NIGC newly issued or renewed facility license Section 547.5(a)(2) requires that, for regulations on ‘‘electronic, computer, or within 30 days of issuance. Section any grandfathered class II gaming other technologic aids’’ to conduct class 559.4 requires a tribe to submit an system made available for use at any II gaming activities. attestation certifying that by issuing the tribal gaming operation, the tribal Respondents: Tribal governing bodies. facility license, the tribe has determined gaming regulatory authority (TGRA): Estimated Number of Respondents: that the construction, maintenance, and Must retain copies of the gaming 685. operation of that gaming facility is system’s testing laboratory report, the Estimated Annual Responses: 685. conducted in a manner that adequately TGRA’s compliance certificate, and the Estimated Time per Response: protects the environment and the public TGRA’s approval of its use; and must Depending on the type of submission, health and safety. Section 559.5 requires maintain records identifying these the range of time can vary from 1.0 a tribe to submit a notice within 30 days grandfathered class II gaming systems burden hours to 16.0 burden hours for if a facility license is terminated or and their components. Section one item. expires or if a gaming operation closes 547.5(b)(2) requires that, for any class II Frequency of Response: Annually. or reopens. Section 559.6 requires a gaming system generally, the TGRA Estimated Total Annual Hourly tribe to maintain and provide applicable must retain a copy of the system’s Burden to Respondents: 1,651. and available Indian lands or testing laboratory report, and maintain Estimated Total Non-Hour Cost daltland on DSKBBV9HB2PROD with NOTICES environmental and public health and records identifying the system and its Burden: $0. safety documentation, if requested by components. As long as a class II the NIGC. This collection is mandatory gaming system is available to the public Dated: September 12, 2018. and enables the Commission to perform for play, section 547.5(c)(3) requires a Christinia Thomas, its statutory duty by ensuring that tribal TGRA to maintain records of any Chief of Staff (Acting). gaming facilities on Indian lands are modification to such gaming system and [FR Doc. 2018–20130 Filed 9–14–18; 8:45 am] properly licensed by the tribes. a copy of its testing laboratory report. BILLING CODE 7565–01–P VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 9990 E:\FR\FM\17SEN1.SGM 17SEN1


Document Created: 2018-09-15 01:37:21
Document Modified: 2018-09-15 01:37:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionSecond notice and request for comments.
DatesThe OMB has up to 60 days to approve or disapprove the information collection requests, but may respond after 30 days. Therefore, public comments should be submitted to OMB by October 17, 2018 in order to be assured of consideration.
ContactFor further information, including copies of the proposed information collection requests and supporting documentation, contact Tim Osumi at (202) 632-7003; fax (202) 632-7066 (not toll-free numbers). You may also review these information collection requests by going to http://www.reginfo.gov (Information Collection Review, Currently Under Review, Agency: National Indian Gaming Commission).
FR Citation83 FR 46966 
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