[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Proposed Rules]
[Pages 11795-11796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03670]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR part 547
RIN 3141-AA27
Minimum Technical Standards for Class II Gaming Systems and
Equipment
AGENCY: National Indian Gaming Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: On September 21, 2012, the National Indian Gaming Commission
(``NIGC'') published a final rule amending its technical standards for
Class II gaming systems and equipment, and the rule became effective on
October 22, 2012. This document proposes an amendment to the regulatory
text of the final rule to harmonize the charitable gaming exemptions in
the Technical Standards and the Class II Minimum Internal Control
Standards of NIGC regulations.
DATES: Submit comments on or before April 8, 2013.
ADDRESSES: You may submit comments by any one of the following methods,
however, please note that comments sent by electronic mail are strongly
encouraged.
Email comments to: [email protected].
Mail comments to: National Indian Gaming Commission, 1441
L Street NW., Suite 9100, Washington, DC 20005.
Hand deliver comments to: 1441 L Street NW., Suite 9100,
Washington, DC 20005.
Fax comments to: National Indian Gaming Commission at 202-
632-0045.
FOR FURTHER INFORMATION CONTACT: Michael Hoenig, Senior Attorney,
National Indian Gaming Commission, 1441 L Street NW. Suite 9100
Washington, DC 20005. Telephone: 202-632-7009; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Comments Invited
Interested parties are invited to participate in this Notice of
Proposed Rulemaking by submitting such written data, views, or
arguments as they may desire. Comments that provide the factual basis
supporting the views and suggestions presented are particularly helpful
in developing reasoned regulatory decisions on the proposal.
II. Background
The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100-497,
25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The
Act establishes the NIGC and sets out a comprehensive framework for the
regulation of gaming on Indian lands. On September 21, 2012, the NIGC
published a final rule in the Federal Register called Minimum Technical
Standards for Class II Gaming Systems and Equipment. 77 FR 58473. The
standards are designed to assist tribal gaming regulatory authorities
and operators with ensuring the integrity and security of Class II
gaming, the accountability of Class II gaming revenue, and provide
guidance to equipment manufacturers and distributors of Class II gaming
systems.
On November 18, 2010, the NIGC issued a Notice of Inquiry and
Notice of Consultation advising the public that the NIGC has endeavored
to conduct a comprehensive review of its regulations and requesting
public comment on which were most in need of revision, in what order
the Commission should review its regulations, and the process NIGC
should utilize to make revisions. 75 FR 70680. On April 4, 2011, after
consulting with tribes and reviewing all comments, the NIGC published a
Notice of Regulatory Review Schedule (NRR) setting out a consultation
schedule and process for review. 76 FR 18457. Part 547 was included in
the third regulatory group reviewed pursuant to the NRR.
Section 547.5(e)(5) of the final rule states that the Part does not
apply to a charitable gaming operation provided that, among other
things, the amount of
[[Page 11796]]
gross gaming revenue of the charitable gaming operation does not exceed
$1,000,000. This Notice of Proposed Rulemaking proposes to amend Sec.
547.5(e)(5) to change that amount from $1,000,000 to $3,000,000.
At the same time the NIGC published the Minimum Technical
Standards, it published Minimum Internal Control Standards for Class II
Gaming (MICS). 77 FR 58707. Like the Technical Standards, the MICS
exempt charitable gaming operations that earn less than a set threshold
amount. The Commission increased that amount in the MICS from
$1,000,000 to $3,000,000.
The Commission proposes to amend Sec. 547.5(e)(5) of the Technical
Standards to harmonize the charitable gaming exemptions in the
Technical Standards and MICS and ensure that the exemption for a
``charitable gaming operation'' is consistent throughout the NIGC's
regulations.
III. Regulatory Matters
Regulatory Flexibility Act
The proposed 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
proposed 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 Mandate 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 proposed 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 proposed rule does not unduly burden the judicial
system and meets the requirements of Sec. 3(a) and 3(b)(2) of the
Order.
National Environmental Policy Act
The Commission has determined that the proposed 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 25 CFR part
547 were previously approved by the Office of Management and Budget
(OMB) as required by 44 U.S.C. 3501 et seq. and assigned OMB Control
Number 3141-0007.
List of Subjects in 25 CFR Part 547
Gambling; Indian--Indian lands; Indian--tribal government.
For the reasons set forth in the preamble, the Commission proposes
to revise 25 CFR part 547 as follows:
PART 547--MINIMUM TECHNICAL STANDARDS FOR CLASS II GAMING SYSTEMS
AND EQUIPMENT
0
1. The authority citation for part 547 continues to read as follows:
Authority: 25 U.S.C. 2706(b).
0
2. In Sec. 547.5 paragraph (e)(5) is revised to read as follows:
Sec. 547.5 How does a tribal government, TGRA, or tribal gaming
operation comply with this part?
* * * * *
(e) * * *
(5) The annual gross gaming revenue of the charitable gaming
operation does not exceed $3,000,000.
* * * * *
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-03670 Filed 2-19-13; 8:45 am]
BILLING CODE 7565-01-P