The Indian Gaming Regulatory Act (IGRA
or the Act), 25 U.S.C. 2701, et seq., laid out a comprehensive
framework for the regulation of gaming on Indian lands. 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 ensure
that the Indian tribe is the primary beneficiary of the gaming
operation and to protect such gaming as a means of generating
tribal revenue, 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 has promulgated
part 547 of title 25, Code of Federal Regulations, to aid it in
monitoring class II gaming facilities that use electronic,
computer, or other technologic aids to conduct class II
gaming.
US Code:
25
USC 2701 Name of Law: Indian Gaming Regulatory Act
The Commission has made several
program changes: (a) since 2012 (when the previous burden estimates
were approved), the Commission has amended its regulations to
require 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. This program change
significantly impacted the Commission’s estimated burdens, as it
increased the estimated annual responses by 240 responses, and the
estimated burden hours by 480 hours; and (b) the Commission
previously included the hourly burden estimates for the time that
it takes a test lab to prepare a report of a grandfathered or new
class II gaming system (or any modifications thereto). However, the
Commission is now excluding these activities from the hourly burden
estimates because these functions are customary and usual business
practices in the gaming industry. This program change reduced the
average hourly burdens per response, reducing the per response time
for grandfathered gaming systems from 18.5 hours to 4.0 hours, and
from 9.1 hours to 6.0 hours for new gaming systems (or any
modifications thereto). This program change significantly impacted
the Commission’s estimated burdens for these activities, as it
decreased the estimated burden hours from 3,005.5 hours to 1,476
hours. The Commission has made the following adjustments to its
estimated burdens: (a) the Commission has increased the number of
estimated annual responses from 326 to 500. This increase is based
on the above-mentioned program change; and (b) the Commission has
decreased the number of estimated annual burden hours from 3,076 to
1,964. This decrease is based on a combination of the
above-mentioned program changes.
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:
(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;
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.
80 FR 54586.pdf
Minimum Tech Standard 547.5(d)(3)