Submission of Information Collection Under the Paperwork Reduction Act; Reinstatement, 34794-34797 [E8-13679]
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Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices
instances and appropriate legal
severance payments in one instance.
The Procedural Guidelines for the
OTLA, published in the Federal
Register on December 14, 2006, 71 FR
76691, 76695, specify that the OTLA
shall consider six factors, to the extent
that they are relevant, in determining
whether to accept a submission for
review. As relating to FTAs, these are as
follows: (a) Whether the submission
raises issues relevant to any matter
arising under a labor chapter; (b)
whether a review would further the
objectives of a labor chapter; (c) whether
the submission clearly identifies the
person filing the submission, is signed
and dated, and is sufficiently specific to
determine the nature of the request and
permit an appropriate review; (d)
whether the statements contained in the
submission, if substantiated, would
constitute a failure of the other Party to
comply with its obligations or
commitments under a labor chapter; (e)
whether the statements contained in the
submission or available information
demonstrate that appropriate relief has
been sought under the domestic laws of
the other Party, or that the matter or a
related matter is pending before an
international body; and (f) whether the
submission is substantially similar to a
recent submission and significant, new
information has been furnished that
would substantially differentiate the
submission from the one previously
filed.
The OTLA has taken these factors into
account and has accepted the
submission for review for several
reasons. The submission raises issues
relevant to the CAFTA–DR Labor
Chapter and a review of these issues
would further the objectives of the
Labor Chapter. The submission clearly
identifies the person filing the
submission, is signed and dated, and is
sufficiently specific to determine the
nature of the request and permit an
appropriate review. If substantiated, the
statements in the submission could
constitute a failure on the part of
Guatemala, a Party to the CAFTA–DR, to
comply with its obligations or
commitments under the Labor Chapter,
and could demonstrate that relief has
been sought under the domestic laws.
The OTLA’s decision to accept the
submission for review is not intended to
indicate any determination as to the
validity or accuracy of the allegations
contained in the submission. The
objectives of the review will be to gather
information to assist the OTLA to better
understand and publicly report on the
issues raised by the submission. The
review will be completed and a public
report issued within 180 days, unless
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circumstances, as determined by the
OTLA, require an extension of time, as
set out in the Procedural Guidelines of
the OTLA. The public report will
include a summary of the review
process, as well as findings and
recommendations.
Signed at Washington, DC on June 12,
2008.
Lawrence W. Casey,
Associate Deputy Under Secretary, Bureau
of International Labor Affairs.
[FR Doc. E8–13676 Filed 6–17–08; 8:45 am]
BILLING CODE 4510–28–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collection
Under the Paperwork Reduction Act;
Reinstatement
National Indian Gaming
Commission, Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The National Indian Gaming
Commission (‘‘NIGC’’ or
‘‘Commission’’), in accordance with the
Paperwork Reduction Act, is seeking
reinstatement of the approval for
collection of information for the
following information collection
activities: (1) Compliance and
Enforcement under the Indian Gaming
Regulatory Act (IGRA); (2) Privacy Act
Procedures; (3) Approval of Class II/
Background Investigation Tribal
Licenses; (4) Management Contract
Regulations; (5) Freedom of Information
Act Procedures; (6) National
Environmental Policy Act Procedures;
(7) Annual Fees Payable by Indian
Gaming Operations; (8) Issuance of
Certificates of Self Regulation to Tribes
for Class II Gaming; (9) Minimum
Internal Control Standards. These
information collections have expired.
DATES: Submit comments on or before
July 18, 2008.
ADDRESSES: Comments can be mailed
directly to the Office of Information and
Regulatory Affairs, OMB, Attn: Desk
Officer for the National Indian Gaming
Commission, 725 17th Street, NW.,
Washington, DC 20503, or mailed,
faxed, or e-mailed to the attention of
Michael Gross or Regina McCoy,
National Indian Gaming Commission,
1441 L Street, NW., Washington, DC
20005. Comments may be faxed to 202–
632–7066 (not a toll-free number).
Comments may be sent electronically to
info@nigc.gov, subject: pra
reinstatements.
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FOR FURTHER INFORMATION CONTACT:
Michael Gross or Regina McCoy, at (202)
632–7003; fax (202) 632–7066 (not tollfree numbers).
SUPPLEMENTARY INFORMATION:
I. Request for Comments
You are invited to comment on the
following items to the Desk Office at
OMB at the citation in the ADDRESSES
section.
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) The accuracy of the agency’s
estimate of the burden (including the
hours and cost) of the proposed
collection of information, including the
validity of the methodology and
assumption used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
collection techniques or forms of
information technology.
Comments submitted in response to
this notice will be summarized and
become a matter of public record.
OMB has up to 60 days to make a
decision but may decide after 30 days;
therefore, your comments will receive
maximum consideration if received
during the 30-day period.
We will not request nor sponsor a
collection of information, and you need
not respond to such a request, if there
is no valid Office of Management and
Budget Control Number.
II. Data
Title: Compliance and Enforcement.
OMB Control Number: 3141–0001.
Background: The Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.)
(IGRA) governs the regulation of gaming
on Indian lands. Although the IGRA
places primary responsibility with the
tribes for regulating gaming, Section
2706(b) directs the NIGC to monitor
gaming conducted on Indian lands on a
continuing basis. IGRA authorizes the
NIGC to access and inspect all papers,
books and records relating to gaming
conducted on Indian lands. IGRA also
requires tribes to provide NIGC with
annual independent audits of gaming,
including contracts in excess of
$25,000.00. 25 U.S.C. 2710(b)(2)(c), (d);
25 U.S.C. 2710(d)(1)(A)(ii). In
accordance with these statutory
responsibilities, 25 CFR 571.7 requires
Indian gaming operations to keep
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permanent financial records. 25 CFR
571.12 and 571.13 require, respectively,
an annual independent audit of a tribe’s
gaming operations and submission of
this audit to the NIGC. The NIGC uses
this information to fulfill its statutory
responsibility to monitor Indian gaming.
Additionally, Section 2713 of IGRA
authorizes the Chairman to issue civil
fine assessments and closure orders for
violations of the Act or the
Commission’s regulations. This
authority is implemented through 25
CFR part 575. The full Commission
reviews these matters on appeal under
25 CFR part 577.
Brief Description of Collection: This
collection is mandatory and allows the
NIGC to conduct its statutory duty to
regulate Indian gaming. No additional
burden is imposed by the requirements
to maintain customary business records
and to allow NIGC personnel access to
those records.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
387.
Estimated Annual Responses: 1,194.
Estimated Time per Response: The
range of time can vary from no
additional burden hours to 50 burden
hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden on
Respondents: 3,424.
Title: Privacy Act Procedures.
OMB Control Number: 3141–0002.
Background: On October 17, 1988,
Congress enacted the Indian Gaming
Regulatory Act (‘‘IGRA’’ or ‘‘Act’’), 25
U.S.C. 2701–21, creating the National
Indian Gaming Commission (‘‘NIGC’’ or
‘‘Commission’’) and developing a
comprehensive framework for the
regulation of gaming on Indian lands. 25
U.S.C. 2702. Congress enacted the
Privacy Act in 1974. Under the Privacy
Act, individuals are allowed to request
access to documents under the control
of the NIGC that are maintained under
a personal identifier unique to the
individual. 25 CFR Part 515.3 lists the
requirements for making Privacy Act
requests. 25 CFR Part 515.6 lists the
requirements for appealing an adverse
determination on the release of
information. 25 CFR 515.7 explains how
to make a request for amendment to a
record.
Brief Description of Collection: This
collection is mandatory and the benefit
to the respondents is processing of their
request to view records maintained on
themselves.
Respondents: Individuals and
submission is mandatory.
Estimated Number of Respondents: 2.
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Estimated Time per Response: 10
hours.
Frequency of Response: Varies.
Estimated Total Annual Hourly
Burden to Respondents: 20 total annual
hours of burden.
Title: Approval of Class II and Class
III Ordinances, Background
Investigations and Gaming Licenses.
OMB Control Number: 3141–0003.
Background: The IGRA establishes the
National Indian Gaming Commission to
oversee Indian gaming. IGRA sets
standards for the regulation of gaming
including requirements for approval or
disapproval of tribal gaming ordinances.
IGRA section 2705(a)(3) requires the
Chairman to review all class II and class
III tribal gaming ordinances.
In accordance with this provision, 25
CFR 552.2 of the NIGC’s regulations
requires tribes to submit to the NIGC: (1)
A copy of the gaming ordinance to be
approved, including a copy of the
authorizing resolution by which it was
enacted by the tribal government and a
request for approval of the ordinance or
resolution; (2) a description of
procedures the tribe will employ in
conducting background investigations
on key employees or primary
management officials; (3) a description
of procedures the tribe will use to issue
licenses to primary management
officials and key employees; (4) copies
of all gaming regulations; (5) a copy of
any applicable tribal—state compact; (6)
a description of dispute resolution
procedures for disputes arising between
the gaming public and the tribe or
management contractor; (7)
identification of the law enforcement
agency that will take fingerprints and a
description of the procedures for
conducting criminal history checks; and
(8) designation of an agent for service of
process.
Under 25 CFR 522.3, tribes must
submit any amendment to the ordinance
or resolution for approval by the
Chairman. In this instance, the tribe
must provide a copy of the authorizing
resolution. The NIGC will use the
information collected to approve or
disapprove the ordinance or
amendment.
Section 2710 of IGRA requires tribes
to conduct background investigations on
key employees and primary
management officials involved in class
II and class III gaming. 25 CFR 556 and
558 require tribes to perform each
investigation using information such as
name, address, previous employment
records, previous relationships with
either Indian tribes or the gaming
industry, licensing relating to those
relationships, any convictions, and any
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other information a tribe feels is
relevant to the employment of the
individuals being investigated. Tribes
are then required to submit to the NIGC
a copy of the completed employment
applications and investigative reports
and licensing eligibility determinations
on key employees or primary
management officials before issuing
gaming licenses to those persons. The
NIGC uses this information to review
the eligibility/suitability determinations
tribes make and advises them if it
disagrees with any particular
determination.
Brief Description of Collection: This
collection is mandatory and allows the
NIGC to carry out its statutory duties
and gives the respondents standards for
compliance.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
282.
Estimated Time per Response: The
range of time can vary from .5 burden
hours to 80 burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden
Hours on Respondents: 36,973 hours.
Title: Management Contract
Regulations
OMB Control Number: 3141–0004.
Background: Under Sections 2710(e)
and 2711 of the Indian Gaming
Regulatory Act (IGRA), subject to the
approval of the NIGC Chairman, an
Indian tribe may enter into a gaming
management contract for the operation
and management of a tribal gaming
activity. In approving a management
contract, by the terms of the statute, the
Chairman shall require and obtain the
following: Name, address, and other
pertinent background information on
each person or entity having a financial
interest in, or management
responsibility for such contract, and in
the case of a corporation those
individuals who serve on the board of
directors of such corporation and
certain stockholders; a description of
previous experience that each person
has had with other Indian gaming
contracts or with the gaming industry
including any gaming licenses which
the person holds; and a complete
financial statement of each person
listed.
Under 25 CFR part 533, the Chairman
requires the submission of the contract
to contain the following: Original
signatures, any collateral agreements to
the contract, a tribal ordinance or
resolution authorizing the submission
and supporting documentation, a threeyear business plan which sets forth the
parties’ goals, objectives, budgets,
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financial plans, related matters, income
statements, sources and use of funds
statements for the previous three years,
and, for any contract exceeding five
years or which includes a management
fee of more than 30 percent, justification
that the capital investment required and
income projections for the gaming
operation require the longer duration or
the additional fee.
Under 25 CFR part 535, the Chairman
may approve a modification to a
management contract or an assignment
of that management contract based on
information similar to that required
under part 533. The part also specifies
that the Chairman may void a previous
management contract approval and
allows the parties the opportunity to
submit information relevant to that
determination.
25 CFR part 537 specifies the
requirements for submission of
background information in
amplification of the statutory
requirement for obtaining information
on persons and entities having a direct
financial interest in or management
responsibility for a management
contract. Finally, 25 CFR part 539
permits appeals to the Commission from
a decision of the Chairman to
disapprove a management contract and
allows the Indian tribe and the
management company an opportunity to
provide information relevant to that
appeal. The NIGC will use the
information collected to either approve
or disapprove the contract or, in the
case of an appeal, to grant or deny the
appeal.
Brief Description of Collection: This
collection is mandatory, and the benefit
to the respondents is the approval of
Indian gaming management contracts.
Respondents: Tribal governing bodies
and management contractors.
Estimated Number of Respondents:
201 (submission of contracts, contract
amendments, and background
investigation submissions).
Estimated Time per Response: The
range of time can vary from no added
burden hours to 70 burden hours for one
item.
Frequency of Response: Usually no
more than once a year.
Estimated Total Annual Hourly
Burden to Respondents: 6,540.
Title: Freedom of Information Act
Procedures.
OMB Control Number: 3141–0005.
Background: On October 17, 1988,
Congress enacted the Indian Gaming
Regulatory Act (‘‘IGRA’’ or ‘‘Act’’), 25
U.S.C. 2701–21, creating the National
Indian Gaming Commission (‘‘NIGC’’ or
‘‘Commission’’) and developing a
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comprehensive framework for the
regulation of gaming on Indian lands. 25
U.S.C. 2702. Congress enacted the FOIA
in 1966 and last modified it on
December 31, 2007. Under the FOIA,
individuals are allowed to request
access to documents under the control
of the NIGC. 25 CFR Part 517.4 lists the
requirements for making FOIA requests
to the NIGC. 25 CFR Part 517.7 explains
how the NIGC handles requests for
information that is confidential
commercial information. 25 CFR Part
517.8 lists the requirements for
appealing an adverse determination on
the release of information.
Brief Description of Collection: This
collection is mandatory and the benefit
to the respondents is processing of their
FOIA requests.
Respondents: Individuals, businesses,
state, local, and Tribal governments and
submission is mandatory.
Estimated Number of Respondents:
100.
Estimated Time per Response: The
estimated total time is 6.9 hours.
Frequency of Response: Varies.
Estimated Total Annual Hourly
Burden to Respondents: 690 hours.
Title: Proposed NEPA Procedures
Manual.
OMB Control Number: 3141–0006.
Background: NEPA requires federal
agencies to analyze proposed major
federal actions that significantly affect
the quality of the human environment.
The NIGC has identified one type of
action it undertakes that requires review
under NEPA—approving third-party
management contracts for the operation
of gaming activity under the Indian
Gaming Regulatory Act (‘‘IGRA’’), 25
U.S.C. 2711. Depending on the nature of
the subject contract and other
circumstances, approval of such
management contracts may be
categorically excluded from NEPA, it
may require the preparation of an
Environmental Assessment (‘‘EA’’), or it
may require the preparation of an
Environmental Impact Statement
(‘‘EIS’’). In any case, the proponents of
a management contract will be expected
to submit information to the NIGC and
assist in the development of the
required NEPA documentation. Possible
respondents for this information
collection include tribal governing
bodies, gaming management companies,
and environmental consultants.
Brief Description of Collection: This
collection is mandatory according to the
Proposed NEPA Procedures Manual, the
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321, et seq., and
White House Council on Environmental
Quality regulations, 40 CFR 1500–1508.
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Respondents: Tribal governing bodies,
management companies, and
environmental consultants.
Estimated Number of Respondents: 7.
Estimated Time per Response: The
range of time can vary from 1,300 to
4,500 hours per response. This is a
change of 2,700 hours per EIS response.
No change to hours per EA response.
Frequency of Response: Annually.
Estimated Total Annual Burden on
Respondents: 12,300 hours. 12,300 (6
EAs × 1,300 hours) + 4,500 hours for
EIS.
Title: Annual Fees Payable by Indian
Gaming Operations.
OMB Control Number: 3141–0007.
Background: The Indian Gaming
Regulatory Act, 25 U.S.C. 2701 et seq.,
requires the NIGC to set an annual
funding rate. The annual funding rate is
the primary mechanism for NIGC
funding under 25 U.S.C. 2717, and 25
CFR part 514 implements the
requirement. Fees are computed on the
basis of the assessable gross revenues of
each gaming operation using rates set by
the NIGC. The total of all fees assessed
annually cannot exceed 0.08 percent of
gross gaming revenue. Under its
implementing regulation for the fee
payment program, 25 CFR part 514, the
NIGC relies on a quarterly statement of
gross gaming revenues provided by each
gaming operation that is subject to the
fee requirement. The required
information is needed for the NIGC to
both set and adjust fee rates and to
support the computation of fees paid by
each gaming operation.
Brief Description of Collection: This
collection is mandatory and allows the
NIGC to both set and adjust fee rates and
to support the computation of fees paid
by each gaming operation.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
423.
Estimated Annual Responses: 1,692.
Estimated Time per Response: 2
hours.
Estimated Annual Burden Hours per
Respondent: 8.
Frequency of Response: Quarterly.
Estimated Total Annual Burden on
Respondents: 3,384 annual burden
hours (1,692 annual responses × 2 hours
per response).
Title: Issuance of Certificates of Self
Regulation to Tribe for Class II Gaming,
25 CFR part 518.
OMB Control Number: 3141–0008
Background:
The Indian Gaming Regulatory Act, 25
U.S.C. 2701 et seq., allows any Indian
tribe that has conducted class II gaming
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for at least three years to petition the
NIGC for a certificate of self-regulation
for its class II gaming operations. The
NIGC will issue the certificate if it
determines from available information
that the tribe has conducted its gaming
activity in a manner which has resulted
in an effective and honest accounting of
all revenues, a reputation for safe, fair,
and honest operation of the activity, and
an enterprise free of evidence of
criminal or dishonest activity. The tribe
must also have adopted and
implemented proper accounting,
licensing, and enforcement systems and
conducted the gaming operation on a
fiscally or economically sound basis.
The implementing regulation of the
NIGC, 25 CFR part 518, requires a tribe
interested in receiving the certificate to
file a petition with the NIGC describing,
generally, the tribe’s gaming operations,
its regulatory process, its uses of net
gaming revenue, and its accounting and
record keeping systems for the gaming
operation. The tribe must also provide
copies of various documents in support
of the petition. Submission of the
petition and supporting documentation
is voluntary. The NIGC will use the
information submitted by the
respondent tribe determining on
whether to issue the certificate of selfregulation.
Those tribes who have been issued a
certificate of self-regulation are required
to submit annually a report to the NIGC.
Such report shall set forth information
to establish that the tribe has
continuously met the eligibility
requirements of 25 CFR part 518.2 and
the approval requirements of 25 CFR
part 518.4 and shall include a report
with supporting documentation which
explains how tribal gaming revenues
were used in accordance with the
requirements of 25 U.S.C. 2710(b)(2)(B).
Brief Description of Collection: This
collection is voluntary for those tribes
petitioning for a certificate of selfregulation and mandatory for those
tribes who hold a certificate of selfregulation according to statutory
regulations, and the benefit to the
respondents is a reduction of the
amount of fees assessed on class II
gaming revenue by the NIGC.
Respondents: Tribal governments;
tribes who hold certificates of selfregulation; petition submission is
voluntary; annual report submission is
mandatory.
Estimated Number of Voluntary
Respondents: 0.
Estimated Time per Voluntary
Response: 0.
Frequency of Response: At will.
Estimated Total Annual Hourly
Burden to Voluntary Respondents: 0.
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Number of Mandatory Respondents:
2.
Estimated Time per Mandatory
Response: 50.
Frequency of Mandatory Response:
Annual.
Estimated Total Annual Hourly
Burden to Mandatory Respondents: 100.
Title: Minimum Internal Control
Standards
OMB Control Number: 3141–0009
Background: The Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.)
(IGRA) governs the regulation of gaming
on Indian lands. Although the IGRA
places primary responsibility with the
tribes for regulating gaming, Section
2706(b) directs the NIGC to monitor
gaming conducted on Indian lands on a
continuing basis. IGRA authorizes the
NIGC to access and inspect all papers,
books and records relating to gaming
conducted on Indian lands. In
accordance with these statutory
responsibilities, 25 CFR 542.3(c)
requires Class II and limited Class III
Indian tribal gaming regulatory
authorities to establish and implement
tribal internal control standards that
provide a level of control that equals or
exceeds those set out in part 542,
establishing internal control standards.
25 CFR 542.3(d) requires each affected
gaming operation to develop and
implement internal control standards
that, at a minimum, comply with the
tribal internal control standards
established by the tribal gaming
regulatory authority.
Brief Description of Collection: This
collection is mandatory according to
statutory regulations, and allows the
NIGC to confirm tribal compliance with
the standards contained in the AgreedUpon-Procedures report.
Respondents: Tribal governing bodies
Estimated Number of Respondents:
387
Estimated Time per Response: 1 hour
Frequency of Response: Annually
Estimated Total Annual Hourly
Burden to Respondents: 387 hours
Dated: June 12, 2008.
Philip N. Hogen,
Chairman.
Norman H. DesRosiers,
Commissioner.
[FR Doc. E8–13679 Filed 6–17–08; 8:45 am]
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34797
NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
AGENCY:
SUMMARY: The NRC has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
Register Notice with a 60-day comment
period on this information collection on
March 24, 2008.
1. Type of submission—new, revision,
or extension: Revision.
2. The title of the information
collection: 10 CFR Part 54,
‘‘Requirements for Renewal of Operating
Licenses for Nuclear Power Plants.’’
3. Current OMB approval number:
3150–0155.
4. The form number if applicable: Not
applicable.
5. How often the collection is
required: There is a one-time
application for any licensee wishing to
renew its nuclear power plant’s
operating license. There is a one-time
requirement for each licensee with a
renewed operating license to submit a
commitment completion letter. All
holders of renewed licenses must
perform yearly record keeping.
6. Who will be required or asked to
report: Commercial nuclear power plant
licensees who wish to renew their
operating licenses and holders of
renewed licenses.
7. An estimate of the number of
annual responses: 10 (six Part 54
respondents plus four commitment
completion letter respondents).
8. The estimated number of annual
respondents: 50 (10 responses plus 40
recordkeepers).
9. An estimate of the total number of
hours needed annually to complete the
requirement or request: 544,940 hours
(504,940 hours reporting plus 40,000
hours recordkeeping).
10. Abstract: Title 10, Part 54,
establishes license renewal
requirements for commercial nuclear
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]]>Agencies
[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34794-34797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13679]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collection Under the Paperwork
Reduction Act; Reinstatement
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The National Indian Gaming Commission (``NIGC'' or
``Commission''), in accordance with the Paperwork Reduction Act, is
seeking reinstatement of the approval for collection of information for
the following information collection activities: (1) Compliance and
Enforcement under the Indian Gaming Regulatory Act (IGRA); (2) Privacy
Act Procedures; (3) Approval of Class II/Background Investigation
Tribal Licenses; (4) Management Contract Regulations; (5) Freedom of
Information Act Procedures; (6) National Environmental Policy Act
Procedures; (7) Annual Fees Payable by Indian Gaming Operations; (8)
Issuance of Certificates of Self Regulation to Tribes for Class II
Gaming; (9) Minimum Internal Control Standards. These information
collections have expired.
DATES: Submit comments on or before July 18, 2008.
ADDRESSES: Comments can be mailed directly to the Office of Information
and Regulatory Affairs, OMB, Attn: Desk Officer for the National Indian
Gaming Commission, 725 17th Street, NW., Washington, DC 20503, or
mailed, faxed, or e-mailed to the attention of Michael Gross or Regina
McCoy, National Indian Gaming Commission, 1441 L Street, NW.,
Washington, DC 20005. Comments may be faxed to 202-632-7066 (not a
toll-free number). Comments may be sent electronically to
info@nigc.gov, subject: pra reinstatements.
FOR FURTHER INFORMATION CONTACT: Michael Gross or Regina McCoy, at
(202) 632-7003; fax (202) 632-7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Request for Comments
You are invited to comment on the following items to the Desk
Office at OMB at the citation in the ADDRESSES section.
(a) Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
(b) The accuracy of the agency's estimate of the burden (including
the hours and cost) of the proposed collection of information,
including the validity of the methodology and assumption used;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other collection techniques or
forms of information technology.
Comments submitted in response to this notice will be summarized
and become a matter of public record.
OMB has up to 60 days to make a decision but may decide after 30
days; therefore, your comments will receive maximum consideration if
received during the 30-day period.
We will not request nor sponsor a collection of information, and
you need not respond to such a request, if there is no valid Office of
Management and Budget Control Number.
II. Data
Title: Compliance and Enforcement.
OMB Control Number: 3141-0001.
Background: The Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.) (IGRA) governs the regulation of gaming on Indian lands. Although
the IGRA places primary responsibility with the tribes for regulating
gaming, Section 2706(b) directs the NIGC to monitor gaming conducted on
Indian lands on a continuing basis. IGRA authorizes the NIGC to access
and inspect all papers, books and records relating to gaming conducted
on Indian lands. IGRA also requires tribes to provide NIGC with annual
independent audits of gaming, including contracts in excess of
$25,000.00. 25 U.S.C. 2710(b)(2)(c), (d); 25 U.S.C. 2710(d)(1)(A)(ii).
In accordance with these statutory responsibilities, 25 CFR 571.7
requires Indian gaming operations to keep
[[Page 34795]]
permanent financial records. 25 CFR 571.12 and 571.13 require,
respectively, an annual independent audit of a tribe's gaming
operations and submission of this audit to the NIGC. The NIGC uses this
information to fulfill its statutory responsibility to monitor Indian
gaming. Additionally, Section 2713 of IGRA authorizes the Chairman to
issue civil fine assessments and closure orders for violations of the
Act or the Commission's regulations. This authority is implemented
through 25 CFR part 575. The full Commission reviews these matters on
appeal under 25 CFR part 577.
Brief Description of Collection: This collection is mandatory and
allows the NIGC to conduct its statutory duty to regulate Indian
gaming. No additional burden is imposed by the requirements to maintain
customary business records and to allow NIGC personnel access to those
records.
Respondents: Indian tribal gaming operations.
Estimated Number of Respondents: 387.
Estimated Annual Responses: 1,194.
Estimated Time per Response: The range of time can vary from no
additional burden hours to 50 burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden on Respondents: 3,424.
Title: Privacy Act Procedures.
OMB Control Number: 3141-0002.
Background: On October 17, 1988, Congress enacted the Indian Gaming
Regulatory Act (``IGRA'' or ``Act''), 25 U.S.C. 2701-21, creating the
National Indian Gaming Commission (``NIGC'' or ``Commission'') and
developing a comprehensive framework for the regulation of gaming on
Indian lands. 25 U.S.C. 2702. Congress enacted the Privacy Act in 1974.
Under the Privacy Act, individuals are allowed to request access to
documents under the control of the NIGC that are maintained under a
personal identifier unique to the individual. 25 CFR Part 515.3 lists
the requirements for making Privacy Act requests. 25 CFR Part 515.6
lists the requirements for appealing an adverse determination on the
release of information. 25 CFR 515.7 explains how to make a request for
amendment to a record.
Brief Description of Collection: This collection is mandatory and
the benefit to the respondents is processing of their request to view
records maintained on themselves.
Respondents: Individuals and submission is mandatory.
Estimated Number of Respondents: 2.
Estimated Time per Response: 10 hours.
Frequency of Response: Varies.
Estimated Total Annual Hourly Burden to Respondents: 20 total
annual hours of burden.
Title: Approval of Class II and Class III Ordinances, Background
Investigations and Gaming Licenses.
OMB Control Number: 3141-0003.
Background: The IGRA establishes the National Indian Gaming
Commission to oversee Indian gaming. IGRA sets standards for the
regulation of gaming including requirements for approval or disapproval
of tribal gaming ordinances. IGRA section 2705(a)(3) requires the
Chairman to review all class II and class III tribal gaming ordinances.
In accordance with this provision, 25 CFR 552.2 of the NIGC's
regulations requires tribes to submit to the NIGC: (1) A copy of the
gaming ordinance to be approved, including a copy of the authorizing
resolution by which it was enacted by the tribal government and a
request for approval of the ordinance or resolution; (2) a description
of procedures the tribe will employ in conducting background
investigations on key employees or primary management officials; (3) a
description of procedures the tribe will use to issue licenses to
primary management officials and key employees; (4) copies of all
gaming regulations; (5) a copy of any applicable tribal--state compact;
(6) a description of dispute resolution procedures for disputes arising
between the gaming public and the tribe or management contractor; (7)
identification of the law enforcement agency that will take
fingerprints and a description of the procedures for conducting
criminal history checks; and (8) designation of an agent for service of
process.
Under 25 CFR 522.3, tribes must submit any amendment to the
ordinance or resolution for approval by the Chairman. In this instance,
the tribe must provide a copy of the authorizing resolution. The NIGC
will use the information collected to approve or disapprove the
ordinance or amendment.
Section 2710 of IGRA requires tribes to conduct background
investigations on key employees and primary management officials
involved in class II and class III gaming. 25 CFR 556 and 558 require
tribes to perform each investigation using information such as name,
address, previous employment records, previous relationships with
either Indian tribes or the gaming industry, licensing relating to
those relationships, any convictions, and any other information a tribe
feels is relevant to the employment of the individuals being
investigated. Tribes are then required to submit to the NIGC a copy of
the completed employment applications and investigative reports and
licensing eligibility determinations on key employees or primary
management officials before issuing gaming licenses to those persons.
The NIGC uses this information to review the eligibility/suitability
determinations tribes make and advises them if it disagrees with any
particular determination.
Brief Description of Collection: This collection is mandatory and
allows the NIGC to carry out its statutory duties and gives the
respondents standards for compliance.
Respondents: Indian tribal gaming operations.
Estimated Number of Respondents: 282.
Estimated Time per Response: The range of time can vary from .5
burden hours to 80 burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden Hours on Respondents: 36,973 hours.
Title: Management Contract Regulations
OMB Control Number: 3141-0004.
Background: Under Sections 2710(e) and 2711 of the Indian Gaming
Regulatory Act (IGRA), subject to the approval of the NIGC Chairman, an
Indian tribe may enter into a gaming management contract for the
operation and management of a tribal gaming activity. In approving a
management contract, by the terms of the statute, the Chairman shall
require and obtain the following: Name, address, and other pertinent
background information on each person or entity having a financial
interest in, or management responsibility for such contract, and in the
case of a corporation those individuals who serve on the board of
directors of such corporation and certain stockholders; a description
of previous experience that each person has had with other Indian
gaming contracts or with the gaming industry including any gaming
licenses which the person holds; and a complete financial statement of
each person listed.
Under 25 CFR part 533, the Chairman requires the submission of the
contract to contain the following: Original signatures, any collateral
agreements to the contract, a tribal ordinance or resolution
authorizing the submission and supporting documentation, a three-year
business plan which sets forth the parties' goals, objectives, budgets,
[[Page 34796]]
financial plans, related matters, income statements, sources and use of
funds statements for the previous three years, and, for any contract
exceeding five years or which includes a management fee of more than 30
percent, justification that the capital investment required and income
projections for the gaming operation require the longer duration or the
additional fee.
Under 25 CFR part 535, the Chairman may approve a modification to a
management contract or an assignment of that management contract based
on information similar to that required under part 533. The part also
specifies that the Chairman may void a previous management contract
approval and allows the parties the opportunity to submit information
relevant to that determination.
25 CFR part 537 specifies the requirements for submission of
background information in amplification of the statutory requirement
for obtaining information on persons and entities having a direct
financial interest in or management responsibility for a management
contract. Finally, 25 CFR part 539 permits appeals to the Commission
from a decision of the Chairman to disapprove a management contract and
allows the Indian tribe and the management company an opportunity to
provide information relevant to that appeal. The NIGC will use the
information collected to either approve or disapprove the contract or,
in the case of an appeal, to grant or deny the appeal.
Brief Description of Collection: This collection is mandatory, and
the benefit to the respondents is the approval of Indian gaming
management contracts.
Respondents: Tribal governing bodies and management contractors.
Estimated Number of Respondents: 201 (submission of contracts,
contract amendments, and background investigation submissions).
Estimated Time per Response: The range of time can vary from no
added burden hours to 70 burden hours for one item.
Frequency of Response: Usually no more than once a year.
Estimated Total Annual Hourly Burden to Respondents: 6,540.
Title: Freedom of Information Act Procedures.
OMB Control Number: 3141-0005.
Background: On October 17, 1988, Congress enacted the Indian Gaming
Regulatory Act (``IGRA'' or ``Act''), 25 U.S.C. 2701-21, creating the
National Indian Gaming Commission (``NIGC'' or ``Commission'') and
developing a comprehensive framework for the regulation of gaming on
Indian lands. 25 U.S.C. 2702. Congress enacted the FOIA in 1966 and
last modified it on December 31, 2007. Under the FOIA, individuals are
allowed to request access to documents under the control of the NIGC.
25 CFR Part 517.4 lists the requirements for making FOIA requests to
the NIGC. 25 CFR Part 517.7 explains how the NIGC handles requests for
information that is confidential commercial information. 25 CFR Part
517.8 lists the requirements for appealing an adverse determination on
the release of information.
Brief Description of Collection: This collection is mandatory and
the benefit to the respondents is processing of their FOIA requests.
Respondents: Individuals, businesses, state, local, and Tribal
governments and submission is mandatory.
Estimated Number of Respondents: 100.
Estimated Time per Response: The estimated total time is 6.9 hours.
Frequency of Response: Varies.
Estimated Total Annual Hourly Burden to Respondents: 690 hours.
Title: Proposed NEPA Procedures Manual.
OMB Control Number: 3141-0006.
Background: NEPA requires federal agencies to analyze proposed
major federal actions that significantly affect the quality of the
human environment. The NIGC has identified one type of action it
undertakes that requires review under NEPA--approving third-party
management contracts for the operation of gaming activity under the
Indian Gaming Regulatory Act (``IGRA''), 25 U.S.C. 2711. Depending on
the nature of the subject contract and other circumstances, approval of
such management contracts may be categorically excluded from NEPA, it
may require the preparation of an Environmental Assessment (``EA''), or
it may require the preparation of an Environmental Impact Statement
(``EIS''). In any case, the proponents of a management contract will be
expected to submit information to the NIGC and assist in the
development of the required NEPA documentation. Possible respondents
for this information collection include tribal governing bodies, gaming
management companies, and environmental consultants.
Brief Description of Collection: This collection is mandatory
according to the Proposed NEPA Procedures Manual, the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321, et seq., and White
House Council on Environmental Quality regulations, 40 CFR 1500-1508.
Respondents: Tribal governing bodies, management companies, and
environmental consultants.
Estimated Number of Respondents: 7.
Estimated Time per Response: The range of time can vary from 1,300
to 4,500 hours per response. This is a change of 2,700 hours per EIS
response. No change to hours per EA response.
Frequency of Response: Annually.
Estimated Total Annual Burden on Respondents: 12,300 hours. 12,300
(6 EAs x 1,300 hours) + 4,500 hours for EIS.
Title: Annual Fees Payable by Indian Gaming Operations.
OMB Control Number: 3141-0007.
Background: The Indian Gaming Regulatory Act, 25 U.S.C. 2701 et
seq., requires the NIGC to set an annual funding rate. The annual
funding rate is the primary mechanism for NIGC funding under 25 U.S.C.
2717, and 25 CFR part 514 implements the requirement. Fees are computed
on the basis of the assessable gross revenues of each gaming operation
using rates set by the NIGC. The total of all fees assessed annually
cannot exceed 0.08 percent of gross gaming revenue. Under its
implementing regulation for the fee payment program, 25 CFR part 514,
the NIGC relies on a quarterly statement of gross gaming revenues
provided by each gaming operation that is subject to the fee
requirement. The required information is needed for the NIGC to both
set and adjust fee rates and to support the computation of fees paid by
each gaming operation.
Brief Description of Collection: This collection is mandatory and
allows the NIGC to both set and adjust fee rates and to support the
computation of fees paid by each gaming operation.
Respondents: Indian tribal gaming operations.
Estimated Number of Respondents: 423.
Estimated Annual Responses: 1,692.
Estimated Time per Response: 2 hours.
Estimated Annual Burden Hours per Respondent: 8.
Frequency of Response: Quarterly.
Estimated Total Annual Burden on Respondents: 3,384 annual burden
hours (1,692 annual responses x 2 hours per response).
Title: Issuance of Certificates of Self Regulation to Tribe for
Class II Gaming, 25 CFR part 518.
OMB Control Number: 3141-0008
Background:
The Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq., allows
any Indian tribe that has conducted class II gaming
[[Page 34797]]
for at least three years to petition the NIGC for a certificate of
self-regulation for its class II gaming operations. The NIGC will issue
the certificate if it determines from available information that the
tribe has conducted its gaming activity in a manner which has resulted
in an effective and honest accounting of all revenues, a reputation for
safe, fair, and honest operation of the activity, and an enterprise
free of evidence of criminal or dishonest activity. The tribe must also
have adopted and implemented proper accounting, licensing, and
enforcement systems and conducted the gaming operation on a fiscally or
economically sound basis. The implementing regulation of the NIGC, 25
CFR part 518, requires a tribe interested in receiving the certificate
to file a petition with the NIGC describing, generally, the tribe's
gaming operations, its regulatory process, its uses of net gaming
revenue, and its accounting and record keeping systems for the gaming
operation. The tribe must also provide copies of various documents in
support of the petition. Submission of the petition and supporting
documentation is voluntary. The NIGC will use the information submitted
by the respondent tribe determining on whether to issue the certificate
of self-regulation.
Those tribes who have been issued a certificate of self-regulation
are required to submit annually a report to the NIGC. Such report shall
set forth information to establish that the tribe has continuously met
the eligibility requirements of 25 CFR part 518.2 and the approval
requirements of 25 CFR part 518.4 and shall include a report with
supporting documentation which explains how tribal gaming revenues were
used in accordance with the requirements of 25 U.S.C. 2710(b)(2)(B).
Brief Description of Collection: This collection is voluntary for
those tribes petitioning for a certificate of self-regulation and
mandatory for those tribes who hold a certificate of self-regulation
according to statutory regulations, and the benefit to the respondents
is a reduction of the amount of fees assessed on class II gaming
revenue by the NIGC.
Respondents: Tribal governments; tribes who hold certificates of
self-regulation; petition submission is voluntary; annual report
submission is mandatory.
Estimated Number of Voluntary Respondents: 0.
Estimated Time per Voluntary Response: 0.
Frequency of Response: At will.
Estimated Total Annual Hourly Burden to Voluntary Respondents: 0.
Number of Mandatory Respondents: 2.
Estimated Time per Mandatory Response: 50.
Frequency of Mandatory Response: Annual.
Estimated Total Annual Hourly Burden to Mandatory Respondents: 100.
Title: Minimum Internal Control Standards
OMB Control Number: 3141-0009
Background: The Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.) (IGRA) governs the regulation of gaming on Indian lands. Although
the IGRA places primary responsibility with the tribes for regulating
gaming, Section 2706(b) directs the NIGC to monitor gaming conducted on
Indian lands on a continuing basis. IGRA authorizes the NIGC to access
and inspect all papers, books and records relating to gaming conducted
on Indian lands. In accordance with these statutory responsibilities,
25 CFR 542.3(c) requires Class II and limited Class III Indian tribal
gaming regulatory authorities to establish and implement tribal
internal control standards that provide a level of control that equals
or exceeds those set out in part 542, establishing internal control
standards. 25 CFR 542.3(d) requires each affected gaming operation to
develop and implement internal control standards that, at a minimum,
comply with the tribal internal control standards established by the
tribal gaming regulatory authority.
Brief Description of Collection: This collection is mandatory
according to statutory regulations, and allows the NIGC to confirm
tribal compliance with the standards contained in the Agreed-Upon-
Procedures report.
Respondents: Tribal governing bodies
Estimated Number of Respondents: 387
Estimated Time per Response: 1 hour
Frequency of Response: Annually
Estimated Total Annual Hourly Burden to Respondents: 387 hours
Dated: June 12, 2008.
Philip N. Hogen,
Chairman.
Norman H. DesRosiers,
Commissioner.
[FR Doc. E8-13679 Filed 6-17-08; 8:45 am]
BILLING CODE 7565-01-P
