Process for certification of Electronic, Computer, or other Technologic Aids used in the play of Class II Games.

Forms and Documents

Document Name	Status
Tech_stds_PRA_supporting_statement(revised).doc Supporting Statement A	2009-05-13

IC Document Collections

IC ID	Document Title	Status
182462	Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games	Unchanged

ICR Details

OMB Control No: 3141-0014	ICR Reference No: 200812-3141-001
Status: Historical Active	Previous ICR Reference No: 200710-3141-014
Agency/Subagency: NIGC	Agency Tracking No:
Title: Process for certification of Electronic, Computer, or other Technologic Aids used in the play of Class II Games.
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/15/2009
	Date Received in OIRA: 12/10/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2012	36 Months From Approved
Responses	924	0	0
Time Burden (Hours)	2,885	0	0
Cost Burden (Dollars)	130,857	0	0

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Abstract: The new standards, 25 C.F.R. 547.4, create a process for the submission (by tribes or game manufacturers), review (by independent testing laboratories), and approval (by tribal gaming regulatory authorities) of electronic, computer, or other technological aids used in the play of Class II games. The information collected allows regulatory oversight of the games and aids.

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Authorizing Statute(s): US Code: 25 USC 2701 Name of Law: Indian Gaming Regulatory Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3141-AA29	Final or interim final rulemaking	73 FR 60508	10/10/2008

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 60508	10/24/2007
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	924	0	0	924	0	0
Annual Time Burden (Hours)	2,885	0	0	2,885	0	0
Annual Cost Burden (Dollars)	130,857	0	0	130,857	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new rule. The Technical Standards establish a process for ensuring that Class II gaming systems have been reviewed and evaluated by a qualified, independent testing laboratory prior to their approval by a tribal gaming regulatory authority and their availability to the public for play. The process helps to ensure the proper functioning of the systems and the integrity, fairness, and auditability of games played. The process requires a tribe's gaming regulatory authority to require that all Class II gaming systems, or modifications thereto, be submitted to a qualified, independent testing laboratory for review and analysis. That submission includes a working prototype of the game and aid, all pertinent software, and complete documentation and descriptions of all functions and components. In turn, the laboratory will determine that the gaming system does or does not meet the requirements of the Technical Standards and any additional requirements adopted by the tribe's gaming regulatory authority. The laboratory will provide a written report of its analysis and conclusions to the tribal gaming regulatory authority, which in turn will approve or disapprove the system or modification. The tribal gaming regulatory authority will retain the laboratory report as long as the system or modification remains available to the public for play. This process is necessary to ensure the security and integrity of Class II gaming. Technical standards generally are a fundamental part of Class III gaming and of non-Indian, commercial casino gaming throughout North America. No uniform standards exist for Class II gaming, however. The implementation of such standards will assist tribal gaming regulators in ensuring that games are implemented fairly, that all gaming systems are secure and function properly, and that the tribes and operators are able to properly account for gaming revenue. The Technical Standards implement an analogous process for determining whether a Class II gaming system is eligible for the five-year grandfather period. This process again requires a tribe's gaming regulatory authority to require that a Class II gaming system be submitted, within 120 days after the effective date, to a qualified, independent testing laboratory for review and analysis. The submission must include a working prototype of the game and aid, all pertinent software, and complete documentation and descriptions of all functions and components. In turn, the laboratory will determine that the gaming system does or does not meet a small set of specified requirements. The laboratory will provide a written report of its analysis and conclusions to the tribal gaming regulatory authority, which in turn will determine that the gaming system is or is not eligible for grandfather status. Upon a finding of eligibility, the tribal gaming regulatory authority will issue a certificate to that effect to the gaming system manufacturer and a description of the grandfathered game to the Commission.

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Annual Cost to Federal Government: $314,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/10/2008

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