Minimum Technical Standards for Class II Gaming Systems and Equipment

Forms and Documents

Document Name	Status
2022.06.21 30Day.pdf Supplementary Document	2022-06-29
2022.03.29 2022-03 Fed Reg Notice.pdf Supplementary Document	2022-06-29
2022_ 3141-0014 SUPPORTING STATEMENT_TO_3.docx Supporting Statement A	2022-06-29

IC Document Collections

IC ID	Document Title	Status
218600	Minimum Tech Standard 547.5(d)(3)	Modified
218599	Minimum Tech Standard 547.5(c)(3)	Modified
218597	Minimum Tech Standard 547.5(a)(2)	Modified
218596	Minimum Tech Standard 547.5(b)(2)	Modified
204826	Minimum Tech Standard 547.17	Modified
204824	Minimum Tech Standard 547.5(f)	Modified

ICR Details

OMB Control No: 3141-0014	ICR Reference No: 202206-3141-005
Status: Received in OIRA	Previous ICR Reference No: 201809-3141-005
Agency/Subagency: NIGC	Agency Tracking No:
Title: Minimum Technical Standards for Class II Gaming Systems and Equipment
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/29/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	431	685
Time Burden (Hours)	7,666	1,651
Cost Burden (Dollars)	0	0

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Abstract: 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.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 10833	03/29/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 36880	06/21/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Minimum Tech Standard 547.17
Minimum Tech Standard 547.5(a)(2)
Minimum Tech Standard 547.5(b)(2)
Minimum Tech Standard 547.5(c)(3)
Minimum Tech Standard 547.5(d)(3)
Minimum Tech Standard 547.5(f)

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ICR Summary of Burden

	Total Request	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	431	685	0	0	-254	0
Annual Time Burden (Hours)	7,666	1,651	0	0	6,015	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: It should be cautioned at the outset that tribal gaming operations and their business practices are unique to each gaming Tribe and influenced by many local, state, and regional factors. Tribal gaming facilities vary in size and complexity and range from small truck stops to world-class casino resorts. The amount of time and resources that gaming tribes expend fulfilling regulatory requirements can vary dramatically and is further complicated by different Tribal governance practices and varying levels of investment in, and adoption of, new technologies and technical expertise. For these reasons, estimates provided by a statistically insignificant group of rotating tribal consultants has limited value and it would be improper to extrapolate from these burden estimates any definitive trends. It should also be noted that, in previous years, the NIGC did not break out wage costs in its data. This deficiency was identified in the previous review process and has now been rectified, however, because these costs were previously lumped together, it is not possible to make direct caparisons between costs this review cycle. Overall, this past cycle saw a significant increase in burden hours. There has been no program change to account for this increase. The requirements are record-keeping requirements that would appear to be less burdensome over time, nevertheless, these are the estimates provided by Tribal partners and the Commission will honor these results.

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Annual Cost to Federal Government: $4,800

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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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: 06/29/2022

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