[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Proposed Rules]
[Pages 45228-45233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20635]
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NATIONAL INDIAN GAMING COMMISSION
25 CFR Part 547
RIN 3141-AA64
Technical Standards
AGENCY: National Indian Gaming Commission.
ACTION: Proposed rule.
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SUMMARY: The National Indian Gaming Commission proposes to amend the
minimum technical standards for Class II gaming systems and equipment.
The proposed rule would amend regulations that describe how tribal
governments, tribal gaming regulatory authorities, and tribal gaming
operations comply with the technical standards. In particular, the
proposed rule amends the requirement that gaming systems manufactured
before November 10, 2008, be modified to meet standards applicable to
gaming systems manufactured on or after November 10, 2008, or be
removed from the gaming floor by November 10, 2018. The Commission
proposes this action to assist tribal governments, tribal gaming
regulatory authorities, and operations in ensuring the integrity and
security of Class II games and gaming revenue through minimum technical
standards for Class II gaming systems and equipment.
DATES: The agency must receive comments on or before November 13, 2017.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Email: [email protected].
Fax: 202-632-7066.
Mail: National Indian Gaming Commission, 1849 C Street
NW., MS 1621, Washington, DC 20240.
Hand Delivery: National Indian Gaming Commission, 90 K
Street NE., Suite 200, Washington, DC 20002, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Austin Badger, National Indian Gaming
Commission; Telephone: 202-632-7003.
SUPPLEMENTARY INFORMATION:
I. Comments Invited
Interested parties are invited to participate in this 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 National Indian Gaming Commission (NIGC or
Commission) and sets out a comprehensive framework for the regulation
of gaming on Indian lands. On October 8, 2008, the NIGC published a
final rule in the Federal Register called Technical Standards for
Electronic, Computer, or Other Technologic Aids Used in the Play of
Class II Games. 73 FR 60508. The rule added a new part to the NIGC's
regulations establishing a process for ensuring the integrity of
electronic Class II games and aids. The standards were 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
[[Page 45229]]
and distributors of Class II gaming systems. The standards do not
classify which games are class II and which games are class III.
When implemented in 2008, the part 547 technical standards
introduced several new requirements for Class II gaming systems
designed to protect the security and integrity of Class II gaming
systems and tribal operations. The Commission understood, however, that
some existing Class II gaming systems might not meet all of the
requirements of the technical standards. Therefore, to avoid any
potentially significant economic and practical consequences of
requiring immediate compliance, the Commission implemented a five year
sunset provision which allowed eligible gaming systems manufactured
before November 10, 2008 (2008 Systems) to remain on the gaming floor.
The Commission believed that a five year period was sufficient for
market forces to move equipment toward compliance with the standards
applicable to gaming systems manufactured on or after November 10,
2008.
On September 21, 2012, the NIGC published a final rule in the
Federal Register which included an amendment delaying the sunset
provision by an additional five years. 77 FR 58473. The Commission
recognized that its prior analysis regarding the continued economic
viability of the 2008 Systems had proven to be mistaken. The NIGC
established the initial five year period in the midst of a much
stronger economy. In the time that followed the economic downturn, many
tribal gaming operations set new priorities that required keeping a
2008 System on the gaming floor for a longer period of time. Balancing
the economic needs against a risk that potentially increases as
technology advances and 2008 Systems remain static, the Commission
determined that 2008 Systems could continue to be offered for play
until November 10, 2018.
Now, with the November 10, 2018, sunset approaching, the Commission
believed it appropriate to include the 2008 Systems and associated
sunset provision of the part 547 technical standards as a topic for
consultation. The topic was therefore included in a November 22, 2016,
letter to tribal leaders introducing the Commission's 2017 consultation
series.
III. Development of the Proposed Rule
On March 23, 2017, in Tulsa, OK, and April 12, 2017, in San Diego,
CA, the NIGC consulted on the 2008 Systems and associated sunset
provision of part 547. The Commission also solicited written comments
through May 31, 2017. In addition, NIGC staff attended several National
Indian Gaming Association Class II Subcommittee meetings. The
consultations and meetings, combined with the written comments, proved
invaluable in the development of a discussion draft. On June 14, 2017,
the Commission issued a discussion draft which, among other proposed
amendments, proposed removing the November 10, 2018, sunset for 2008
Systems. Additional written comments responsive to the discussion draft
were solicited through July 15, 2017.
Written comments received after the issuance of the discussion
draft were generally supportive of the proposed removal of the November
10, 2018, sunset for 2008 Systems. Comments also indicated, however,
several specific remaining areas of concern. The Commission developed
the proposed rule after considering the comments received.
A. General Comments
Some commenters questioned the Commission's authority to implement
technical standards and its authority to enforce the standards. IGRA
gives the Commission the authority to adopt these technical standards.
Congress was expressly concerned that gaming under IGRA be ``conducted
fairly and honestly by both the operator and players'' and ``to ensure
that the Indian tribe is the primary beneficiary of the gaming
operation.'' 25 U.S.C. 2702(2). The technical standards are designed to
ensure that these concerns are addressed. These standards implement the
authority granted the NIGC to monitor, inspect, and examine Class II
gaming, 25 U.S.C. 2706(b)(1)-(4), and to promulgate such regulations as
it deems appropriate to implement the provisions of IGRA. 25 U.S.C.
2706(b)(10). The Commission further reiterates that this rule does not
classify games for purposes of IGRA. The rule assumes that the games
played are Class II games. This rule establishes a process for ensuring
the integrity and security of Class II games and an accounting of Class
II revenue.
B. 2008 Systems, Pre-Discussion Draft
Many commenters requested that the November 10, 2018, sunset for
2008 Systems be removed. Commenters suggested that the existing sunset
provision could not be justified because there has been no evidence
that 2008 Systems represent a risk to the integrity and security of
Class II gaming. Commenters noted that 2008 Systems appear to be
protected by 26 out of 28 technical standards identified by commenters
as ``high risk.'' In addition, commenters suggested that, even assuming
additional risks are associated with 2008 Systems, such risks are
mitigated by tribal gaming regulatory authorities (TGRAs) through
internal control standards.
The Commission agrees that the 2008 sunset can be removed. The
Commission disagrees, however, that evidence of risk forms the sole
legal justification for the technical standards. The technical
standards are intended to ensure the integrity and security of Class II
gaming and the accountability of Class II gaming revenue. The technical
standards include minimum requirements that the Commission believes, in
its judgment, are appropriate and consistent with its Federal
regulatory oversight mission. The Commission has, however, determined
that removal of the sunset provision is justified provided that 2008
Systems are subject to additional annual review by TGRAs.
Commenters also suggested that the sunset provision threatens
significant economic harm and the continued success and viability of
the Class II gaming industry. Commenters suggested that the sunset
provision is an unnecessary cost burden on manufacturers and tribes.
Commenters further suggested that the sunset provision will cause
tribes to lose leverage in compact negotiations with states.
The Commission understands the commenters' concerns over the
economic impact of removing non-compliant Class II gaming systems from
the gaming floor. The Commission notes, however, that part 547 as
originally enacted and as amended only requires removal if the games
are not made compliant with the testing standards for newer systems set
forth in the regulation. The regulation initially provided the industry
with five years to modify or replace 2008 Systems. The Commission
subsequently granted an additional five years to bring the systems into
compliance with the standards for newer systems. The Commission has now
determined that removal of the sunset provision is justified provided
that 2008 Systems are subject to additional annual review by the TGRA.
Commenters suggested that the sunset provision is retroactive and
that IGRA does not authorize the NIGC to promulgate regulations that
have retroactive effect. The Commission disagrees that the proposed
amendments are retroactive. The proposed amendments do not alter the
[[Page 45230]]
legal consequences of actions completed before their effective date.
A commenter suggested extending the sunset provision indefinitely,
subject to the authority of TGRAs. A commenter submitted proposed
language implementing an annual audit requirement for 2008 Systems. The
Commission's subsequent discussion draft partially incorporated this
recommendation.
C. 2008 Systems, Post-Discussion Draft
The discussion draft required TGRAs to: ``Annually review the Class
II gaming system, its current components, and the associated testing
laboratory reports to determine whether the Class II gaming system may
be approved pursuant to paragraph (b) of this section. The TGRA shall
make a finding identifying the Class II gaming systems reviewed, the
Class II gaming systems subsequently approved pursuant to paragraph
(b), and, for Class II gaming systems that cannot be approved pursuant
to paragraph (b), the modifications necessary for such approval. The
TGRA shall transmit its findings to the Commission within 120 days of
the gaming operation's fiscal year end.'' Commenters suggested that the
NIGC has provided no compelling reason to change the existing reporting
requirements. Commenters further suggested that the annual reporting
requirement appears to be unintentionally applicable to all Class II
gaming systems.
Although the requirement does impose an additional requirement on
TGRAs, the Commission believes that removal of the sunset provision
warrants annual review specific to 2008 Systems. In addition, the
annual reporting requirement is contained within Sec. 547.5(a) and is
therefore applicable only to 2008 Systems. The Commission has, however,
revised and clarified the annual review and reporting procedures in the
proposed rule to reduce the perceived burden on TGRAs. Pursuant to this
proposed rule, TGRAs are not required to transmit its findings, but
rather must maintain records and make them available to NIGC staff upon
request.
The discussion draft further provided that ``A TGRA may not permit
the use of any Class II gaming system manufactured before November 10,
2008 in a tribal gaming operation unless:'' it meets requirements
applicable to 2008 Systems. Discussion Draft Sec. 547.5(a)(3) provides
that ``If the Class II gaming system is subsequently approved pursuant
to paragraph (b) of this section, this paragraph (a) [2008 Systems] no
longer applies.'' Commenters suggested that the Discussion Draft could
be misinterpreted to provide that all Class II gaming systems
manufactured prior to November 10, 2008, including those that are now
compliant with Sec. 547.5(b), would be subject to the 2008 System
provisions in Sec. 547.5(a). Commenters further suggested that
approving a 2008 System pursuant to Sec. 547.5(b) requires a 2008
System to be resubmitted to a testing lab for full re-certification
and/or requires TGRAs to make technical determinations.
The Commission believes that discussion draft Sec. 547.5(a)(3) is
clear that Class II gaming systems approved pursuant to Sec. 547.5(b)
are no longer 2008 Systems. The Commission has, however, clarified in
the proposed rule that the use of the term ``approved'' is intended to
reference TGRA approval based on review of existing testing lab reports
for all current components of the Class II gaming system.
Finally, the discussion draft Discussion Draft Sec.
547.5(a)(1)(viii) provides that ``All player interfaces of the Class II
gaming system have a date of manufacture before November 10, 2008.''
Commenters suggested that the requirement that all player interfaces of
2008 Systems have a date of manufacture before November 10, 2008, was a
new requirement. Commenters further suggested that this requirement was
unnecessary and would prevent use of newer player interfaces with 2008
Systems, contrary to provisions encouraging 2008 Systems to be modified
to move towards compliance with standards for newer systems.
Although not included in the 2012 amendment to part 547, the date
of manufacture requirement is not entirely new. The 2008 System
provisions were originally intended to apply only to systems in play or
manufactured by November 10, 2008. 73 FR 60508, 60510. Pursuant to the
2008 regulations, Sec. 547.4(a)(7) required ``the supplier of any
player interface to designate with a permanently affixed label each
player interface with an identifying number and the date of manufacture
or a statement that the date of manufacture was on or before the
effective date of this part. The tribal gaming regulatory authority
shall also require the supplier to provide a written declaration or
affidavit affirming that the date of manufacture was on or before
November 10, 2008.'' 73 FR 60508, 60527 (October 10, 2008). The
Commission agrees, however, that the date of manufacture requirement
included in the discussion draft could be interpreted as preventing the
use of newer player interfaces and has therefore removed the
requirement from the proposed rule.
D. Class II Gaming System Component Repair, Replacement, or
Modification
Discussion draft Sec. 547.5(c)(2)(ii) provided that ``The testing
laboratory tests the submission to the standards established by: (A)
This part; (B) Any applicable provisions of part 543 of this chapter
that are testable by the testing laboratory; and (C) The TGRA.''
Commenters suggested that the new requirement that modifications to
2008 Systems be tested to the standards applicable to newer systems is
unnecessary and will only result in additional costs with no practical
benefit. Commenters noted that laboratory reports are currently not
required for all modifications to 2008 Systems, thereby providing TGRAs
with greater flexibility and control over such modifications.
Commenters suggested that this provision will force TGRAs to use the
emergency modification procedures to avoid testing delays.
The Commission disagrees that the requirement that all
modifications be tested to the standards applicable to newer systems is
unnecessary. The current and proposed regulations require the TGRA to
determine, among other requirements, whether a modification will
maintain or advance the Class II gaming system's compliance with the
technical standards. The new requirement ensures that TGRAs are
provided with the information needed for the TGRA to make such a
determination. In addition, the Commission believes that TGRAs will
continue to utilize the emergency modification provisions for their
intended purpose.
E. Records
Discussion draft Sec. 547.5(g) provided that ``The Commission may
use the information derived therefrom for any lawful purpose including,
without limitation, to monitor the use of Class II gaming systems, to
assess the effectiveness of the standards required by this Part, and to
inform future amendments to this Part. The Commission will only make
available for public review records or portions of records subject to
release under the Freedom of Information Act, 5 U.S.C. 552; the Privacy
Act of 1974, 5 U.S.C. 552a; or the Indian Gaming Regulatory Act, 25
U.S.C. 2716(a).'' Commenters expressed reluctance to expose sensitive
testing and compliance records to possible public disclosure.
Commenters suggested that records only be available for review on site
by NIGC staff.
The Commission agrees that sensitive testing and compliance records
should not be disclosed. As cited in the
[[Page 45231]]
discussion draft, 25 U.S.C. 2716(a) states that ``the Commission shall
preserve any and all information received pursuant to this chapter as
confidential pursuant to'' the confidential commercial or financial
information and law enforcement information exceptions of the Freedom
of Information Act. The Commission is therefore precluded from
releasing such information.
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 section 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 this rule 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, which expired in August of 2011. The NIGC is in the process
of reinstating that Control Number.
List of Subjects in 25 CFR Part 547
Gambling, Indian--lands, Indian--tribal government, Reporting and
recordkeeping requirements.
Therefore, for reasons stated in the preamble, 25 CFR part 547 is
proposed to be amended 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. Revise Sec. 547.5 to read as follows:
Sec. 547.5 How does a tribal government, TGRA, or tribal gaming
operation comply with this part?
(a) Gaming systems manufactured before November 10, 2008. (1) Any
Class II gaming system manufactured before November 10, 2008, that is
not compliant with paragraph (b) of this section may be made available
for use at any tribal gaming operation if:
(i) The Class II gaming system software that affects the play of
the Class II game, together with the signature verification required by
Sec. 547.8(f) was submitted to a testing laboratory within 120 days
after November 10, 2008, or October 22, 2012;
(ii) The testing laboratory tested the submission to the standards
established by Sec. 547.8(b), Sec. 547.8(f), and Sec. 547.14;
(iii) The testing laboratory provided the TGRA with a formal
written report setting forth and certifying to the findings and
conclusions of the test;
(iv) The TGRA made a finding, in the form of a certificate provided
to the supplier or manufacturer of the Class II gaming system, that the
Class II gaming system is compliant with Sec. 547.8(b), Sec.
547.8(f), and Sec. 547.14;
(v) The Class II gaming system is only used as approved by the TGRA
and the TGRA transmitted its notice of that approval, identifying the
Class II gaming system and its components, to the Commission;
(vi) Remote communications with the Class II gaming system are only
allowed if authorized by the TGRA; and
(vii) Player interfaces of the Class II gaming system exhibit
information consistent with Sec. 547.7(d) and any other information
required by the TGRA.
(2) For so long as a Class II gaming system is made available for
use at any tribal gaming operation pursuant to this paragraph (a) the
TGRA shall:
(i) Retain copies of the testing laboratory's report, the TGRA's
compliance certificate, and the TGRA's approval of the use of the Class
II gaming system;
(ii) Maintain records identifying the Class II gaming system and
its current components; and
(iii) Annually review the testing laboratory reports associated
with the Class II gaming system and its current components to determine
whether the Class II gaming system may be approved pursuant to
paragraph (b)(1)(v) of this section. The TGRA shall make a finding
identifying the Class II gaming systems reviewed, the Class II gaming
systems subsequently approved pursuant to paragraph (b)(1)(v), and, for
Class II gaming systems that cannot be approved pursuant to paragraph
(b)(1)(v), the components of the Class II gaming system preventing such
approval.
(3) If the Class II gaming system is subsequently approved by the
TGRA pursuant to paragraph (b)(1)(v) as compliant with paragraph (b) of
this section, this paragraph (a) no longer applies.
(b) Gaming system submission, testing, and approval--generally. (1)
Except as provided in paragraph (a) of this section, a TGRA may not
permit the use of any Class II gaming system in a tribal gaming
operation unless:
(i) The Class II gaming system has been submitted to a testing
laboratory;
(ii) The testing laboratory tests the submission to the standards
established by:
(A) This part;
(B) Any applicable provisions of part 543 of this chapter that are
testable by the testing laboratory; and
(C) The TGRA;
(iii) The testing laboratory provides a formal written report to
the party making the submission, setting forth and certifying its
findings and conclusions, and noting compliance with any standard
established by the TGRA pursuant to paragraph (b)(1)(ii)(C) of this
section;
(iv) The testing laboratory's written report confirms that the
operation of a player interface prototype has been
[[Page 45232]]
certified that it will not be compromised or affected by electrostatic
discharge, liquid spills, electromagnetic interference, or any other
tests required by the TGRA;
(v) Following receipt of the testing laboratory's report, the TGRA
makes a finding that the Class II gaming system conforms to the
standards established by:
(A) This part;
(B) Any applicable provisions of part 543 of this chapter that are
testable by the testing laboratory; and
(C) The TGRA.
(2) For so long as a Class II gaming system is made available for
use at any tribal gaming operation pursuant to this paragraph (b) the
TGRA shall:
(i) Retain a copy of the testing laboratory's report; and
(ii) Maintain records identifying the Class II gaming system and
its current components.
(c) Class II gaming system component repair, replacement, or
modification. (1) As permitted by the TGRA, individual hardware or
software components of a Class II gaming system may be repaired or
replaced to ensure proper functioning, security, or integrity of the
Class II gaming system.
(2) A TGRA may not permit the modification of any Class II gaming
system in a tribal gaming operation unless:
(i) The Class II gaming system modification has been submitted to a
testing laboratory;
(ii) The testing laboratory tests the submission to the standards
established by:
(A) This part;
(B) Any applicable provisions of part 543 of this chapter that are
testable by the testing laboratory; and
(C) The TGRA;
(iii) The testing laboratory provides a formal written report to
the party making the submission, setting forth and certifying its
findings and conclusions, and noting compliance with any standard
established by the TGRA pursuant to paragraph (c)(2)(ii)(C) of this
section;
(iv) Following receipt of the testing laboratory's report, the TGRA
makes a finding that the:
(A) The modification will maintain or advance the Class II gaming
system's compliance with this part and any applicable provisions of
part 543 of this chapter; and
(B) The modification will not detract from, compromise or prejudice
the proper functioning, security, or integrity of the Class II gaming
system;
(3) If a TGRA authorizes a component modification under this
paragraph, it must maintain a record of the modification and a copy of
the testing laboratory report so long as the Class II gaming system
that is the subject of the modification remains available to the public
for play.
(d) Emergency Class II gaming system component modifications. (1) A
TGRA, in its discretion, may permit the modification of previously
approved components to be made available for play without prior
laboratory testing or review if the modified hardware or software is:
(i) Necessary to correct a problem affecting the fairness,
security, or integrity of a game or accounting system or any cashless
system, or voucher system; or
(ii) Unrelated to game play, an accounting system, a cashless
system, or a voucher system.
(2) If a TGRA authorizes modified components to be made available
for play or use without prior testing laboratory review, the TGRA must
thereafter require the hardware or software manufacturer to:
(i) Immediately advise other users of the same components of the
importance and availability of the update;
(ii) Immediately submit the new or modified components to a testing
laboratory for testing and verification of compliance with this part
and any applicable provisions of part 543 of this chapter that are
testable by the testing laboratory; and
(iii) Immediately provide the TGRA with a software signature
verification tool meeting the requirements of Sec. 547.8(f) for any
new or modified software component.
(3) If a TGRA authorizes a component modification under this
paragraph, it must maintain a record of the modification and a copy of
the testing laboratory report so long as the Class II gaming system
that is the subject of the modification remains available to the public
for play.
(e) Compliance by charitable gaming operations. This part does not
apply to charitable gaming operations, provided that:
(1) The tribal government determines that the organization
sponsoring the gaming operation is a charitable organization;
(2) All proceeds of the charitable gaming operation are for the
benefit of the charitable organization;
(3) The TGRA permits the charitable organization to be exempt from
this part;
(4) The charitable gaming operation is operated wholly by the
charitable organization's employees or volunteers; and
(5) The annual gross gaming revenue of the charitable gaming
operation does not exceed $3,000,000.
(f) Testing laboratories. (1) A testing laboratory may provide the
examination, testing, evaluating and reporting functions required by
this section provided that:
(i) It demonstrates its integrity, independence and financial
stability to the TGRA.
(ii) It demonstrates its technical skill and capability to the
TGRA.
(iii) If the testing laboratory is owned or operated by, or
affiliated with, a tribe, it must be independent from the manufacturer
and gaming operator for whom it is providing the testing, evaluating,
and reporting functions required by this section.
(iv) The TGRA:
(A) Makes a suitability determination of the testing laboratory
based upon standards no less stringent than those set out in Sec.
533.6(b)(1)(ii) through (v) of this chapter and based upon no less
information than that required by Sec. 537.1 of this chapter, or
(B) Accepts, in its discretion, a determination of suitability for
the testing laboratory made by any other gaming regulatory authority in
the United States.
(v) After reviewing the suitability determination and the
information provided by the testing laboratory, the TGRA determines
that the testing laboratory is qualified to test and evaluate Class II
gaming systems.
(2) The TGRA must:
(i) Maintain a record of all determinations made pursuant to
paragraphs (f)(1)(iii) and (f)(1)(iv) of this section for a minimum of
three years.
(ii) Place the testing laboratory under a continuing obligation to
notify it of any adverse regulatory action in any jurisdiction where
the testing laboratory conducts business.
(iii) Require the testing laboratory to provide notice of any
material changes to the information provided to the TGRA.
(g) Records. Records required to be maintained under this section
must be made available to the Commission upon request. The Commission
may use the information derived therefrom for any lawful purpose
including, without limitation, to monitor the use of Class II gaming
systems, to assess the effectiveness of the standards required by this
part, and to inform future amendments to this part. The Commission will
only make available for public review records or portions of records
subject to release under the Freedom of Information Act, 5 U.S.C. 552;
the Privacy Act of 1974, 5 U.S.C.
[[Page 45233]]
552a; or the Indian Gaming Regulatory Act, 25 U.S.C. 2716(a).
Dated: September 19, 2017.
Jonodev O. Chaudhuri,
Chairman.
Kathryn Isom-Clause,
Vice Chair.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2017-20635 Filed 9-27-17; 8:45 am]
BILLING CODE 7565-01-P