FedReg 30 Day Notice

2018.09.17 _FR_30Day_ICRenew.pdf

Indian Gaming Management Contract Provisions

FedReg 30 Day Notice

OMB: 3141-0004

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Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices

are available for review. To locate the
application materials and received

comments, go to www.regulations.gov
and search for the appropriate permit

Permit No.

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115344
58260C
125284
42528C
51951C
37142A
32977C

........................
........................
........................
........................
........................
........................
........................

number (e.g., 12345C) provided in the
following table:

Applicant

Permit issuance date

Forrest Simpson ........................................................................................................................
Northeastern University/Ocean Genome Legacy Center ..........................................................
Smithsonian Institution/National Museum of Natural History ....................................................
Miami-Dade Zoological Park and Gardens ...............................................................................
East Texas Ranch, LP ...............................................................................................................
East Texas Ranch, LP ...............................................................................................................
Denver Zoological Foundation, d/b/a Denver Zoo ....................................................................

April 17, 2018.
April 11, 2018.
April 12, 2018.
March 20, 2018.
July 24, 2018.
July 24, 2018.
June 20, 2018.

Permit Issued Under Emergency
Exemption

as amended (16 U.S.C. 1361 et seq.), and
its implementing regulations.

3141–0014 (expires on November 30,
2018).

On May 23, 2017, the Service issued
a permit (Permit No. 90984C) to the
Wildlife Conservation Society, New
York, New York, to import biological
samples from confiscated wild-caught
specimens of radiated tortoise
(Astrochelys radiata) in Madagascar, for
the purpose of enhancement of the
survival of the species. This action was
authorized under section 10(c) of the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.). The
Service determined that an emergency
affecting the health and well-being of
these confiscated tortoises existed, and
that no reasonable alternative was
available to the applicant for the
following reason:
The Wildlife Conservation Society
requested a permit to import biological
samples from Dr. Randriamahazo
Herilala in Analamanga, Madagascar,
due to the pending review of their
request for a blanket import permit
covering biological samples from
multiple species (Permit No. 85317C)
for scientific research and diagnostics
purposes. The length of time involved
in reviewing this application, as well as
the regulatory requirement for a 30-day
public comment period associated with
this proposed activity, would have
caused an undue delay in analyzing
these samples for the presence of any
potential pathogens, diseases, or
nutritional deficiencies relating to these
confiscated specimens. This analysis is
needed to help facilitate the placement
and care of these confiscated specimens
within Madagascar, mitigating further
mortalities and improving the
conditions under which these
specimens are currently being held.

Brenda Tapia,
Program Analyst/Data Administrator, Branch
of Permits, Division of Management
Authority.

DATES:

Authority
We issue this notice under the
authority of the Endangered Species
Act, as amended (16 U.S.C. 1531 et
seq.), and its implementing regulations,
and the Marine Mammal Protection Act,

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[FR Doc. 2018–20078 Filed 9–14–18; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collections
Under the Paperwork Reduction Act
National Indian Gaming
Commission, Interior.
ACTION: Second notice and request for
comments.
AGENCY:

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 contractrelated 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 licenserelated 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

SUMMARY:

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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, 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:
FOR FURTHER INFORMATION CONTACT:

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

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Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices
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.

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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 § 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
§ 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
§ 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.

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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.

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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 § 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.

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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 § 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.

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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.

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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

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