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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
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
Retrieve Notice of Action (NOA)
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
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.
Authorizing Statute(s):
US Code:
25 USC 2701
Name of Law: Indian Gaming Regulatory Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3141-AA29
Final or interim final rulemaking
73 FR 60508
10/10/2008
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
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
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.
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
Agency Contact:
Michael Gross 202 632-7003
Common Form ICR:
No
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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