Minimum Internal Control Standards, 26620-26623 [2018-10365]

Download as PDF 26620 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules acceptance receipt is on or before that date. amozie on DSK3GDR082PROD with PROPOSALS1 Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2017–N–6189 for ‘‘Tobacco Product Standard for Nicotine Level of Combusted Cigarettes.’’ Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper VerDate Sep<11>2014 16:24 Jun 07, 2018 Jkt 244001 submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/ fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Gerie Voss, Center for Tobacco Products, Food and Drug Administration, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993, 1–877–CTP–1373, AskCTP@ fda.hhs.gov. SUPPLEMENTARY INFORMATION: In the Federal Register of March 16, 2018, FDA published an ANPRM with a 90day comment period to obtain information for consideration in developing a tobacco product standard to set a maximum nicotine level in combusted cigarettes so that they are minimally addictive or nonaddictive. Comments on the scope of products to be covered, maximum nicotine level for a potential nicotine tobacco product standard, implementation methods, analytical testing methods, technical achievability, possible countervailing effects, and other topics will aid FDA in its consideration regarding development of a tobacco product standard to set a PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 maximum nicotine level in combusted cigarettes. The Agency has received a number of requests for a 90-day extension of the comment period for the ANPRM and one request for a 120-day extension. FDA has considered the requests and is extending the comment period for the ANPRM for an additional 30 days, until July 16, 2018. The Agency believes that a 30-day extension allows adequate time for interested persons to submit comments without significantly delaying any potential regulatory action on these important issues. Dated: June 5, 2018. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2018–12368 Filed 6–7–18; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 543 RIN 3141–AA60 Minimum Internal Control Standards National Indian Gaming Commission, Department of the Interior. ACTION: Notice of proposed rulemaking. AGENCY: The National Indian Gaming Commission (NIGC) proposes to amend its minimum internal control standards for Class II gaming under the Indian Gaming Regulatory Act to correct an erroneous deletion of the key control standards and to make other minor edits and additions for clarity. DATES: Written comments on this proposed rule must be received on or before July 9, 2018. ADDRESSES: You may submit comments by any one of the following methods, however, please note that comments sent by electronic mail are strongly encouraged. D Email comments to: 543_ comments@nigc.gov. D Mail comments to: National Indian Gaming Commission, 1849 C Street NW, MS 1621, Washington, DC 20240. D Fax comments to: National Indian Gaming Commission at 202–632–0045. FOR FURTHER INFORMATION CONTACT: Jennifer Lawson at (202) 632–7003 or by fax (202) 632–7066 (these numbers are not toll free). SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100–497, 25 E:\FR\FM\08JNP1.SGM 08JNP1 26621 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules U.S.C. 2701 et seq., was signed into law on October 17, 1988. The Act established the National Indian Gaming Commission (‘‘NIGC’’ or ‘‘Commission’’) and set out a comprehensive framework for the regulation of gaming on Indian lands. On January 5, 1999, the NIGC published a final rule in the Federal Register called Minimum Internal Control Standards. 64 FR 590. The rule added a new part to the Commission’s regulations establishing Minimum Internal Control Standards (MICS) to reduce the risk of loss because of customer or employee access to cash and cash equivalents within a casino. The rule contains standards and procedures that govern cash handling, documentation, game integrity, auditing, surveillance, and variances, as well as other areas. The Commission recognized from their inception that the MICS would require periodic review and updates to keep pace with technology and has substantively amended them numerous times, most recently in late 2013 (78 FR 63873). Regulatory Enforcement Fairness Act. The rule does not have an effect on the economy of $100 million or more. The rule will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, local government agencies or geographic regions, nor will the proposed rule have a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of the enterprises, to compete with foreign based enterprises. II. Development of the Rule In accordance with Executive Order 12988, the Commission has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. On September 21, 2012, the Commission concluded nearly two years of consultation and drafting with the publication of comprehensive amendments, additions, and updates to Part 543, the minimum internal control standards (MICS) for Class II gaming operations (77 FR 58708). The regulations require tribes to establish controls and implement procedures at least as stringent as those described in this part to maintain the integrity of the gaming operation. In late 2013, the Commission published a final rule, adding kiosk drop, count, fill, and surveillance standards to Part 543 (78 FR 63873). Now, the Commission proposes additional revisions, largely technical in nature, that are meant to correct earlier editing oversights and to better clarify the intent of the provisions. III. Regulatory Matters amozie on DSK3GDR082PROD with PROPOSALS1 Regulatory Flexibility Act The rule will not have a significant impact on a substantial number of small entities as defined under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not considered to be small entities for the purposes of the Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act The rule is not a major rule under 5 U.S.C. 804(2), the Small Business VerDate Sep<11>2014 16:24 Jun 07, 2018 Jkt 244001 Unfunded Mandates Reform Act The Commission, as an independent regulatory agency, is exempt from compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 U.S.C. 658(1). Takings In accordance with Executive Order 12630, the Commission has determined that the rule does not have significant takings implications. A takings implication assessment is not required. Civil Justice Reform National Environmental Policy Act The Commission has determined that the rule does not constitute a major federal action significantly affecting the quality of the human environment and that no detailed statement is required pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq. Paperwork Reduction Act The information collection requirements contained in this rule were previously approved by the Office of Management and Budget as required by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141–0009. The OMB control number expires on November 30, 2018. Tribal Consultation The National Indian Gaming Commission is committed to fulfilling its tribal consultation obligations— whether directed by statute or administrative action such as Executive Order (E.O.) 13175 (Consultation and Coordination with Indian Tribal Governments)—by adhering to the consultation framework described in its Consultation Policy published July 15, 2013. The NIGC’s consultation policy specifies that it will consult with tribes PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 on Commission Action with Tribal Implications, which is defined as: Any Commission regulation, rulemaking, policy, guidance, legislative proposal, or operational activity that may have a substantial direct effect on an Indian tribe on matters including, but not limited to the ability of an Indian tribe to regulate its Indian gaming; an Indian tribe’s formal relationship with the Commission; or the consideration of the Commission’s trust responsibilities to Indian tribes. The key control language proposed here is the most substantive of all the changes and was the subject of extensive consultation in 2012 (77 FR 58708). The language proposed here has not changed since initially adopted. It was inadvertently written over with the addition of kiosk controls in 2013. The remaining changes are all technical in nature, correcting numbering and adding minor clarifications. List of Subjects in 25 CFR Part 543 Accounting, Administrative practice and procedure, Gambling, Indian— Indian lands, Reporting and recordkeeping requirements. For the reasons discussed in the Preamble, the Commission proposes to amend 25 CFR part 543 as follows: PART 543—MINIMUM INTERNAL CONTROL STANDARDS FOR CLASS II GAMING 1. The authority for part 543 continues to read as follows: ■ Authority: 25 U.S.C. 2702(2), 2706(b)(1–4), 2706(b)(10). 2. Amend § 543.10 by revising paragraph (e) to read as follows: ■ § 543.10 What are the minimum internal control standards for card games? * * * * * (e) Standards for reconciliation of card room bank. Two agents—one of whom must be a supervisory agent— must independently count the main card room bank and table inventory at the end of each shift and record the following information: (1) Date; (2) Shift; (3) Table number (if applicable); (4) Amount by denomination; (5) Amount in total; and (6) Signatures of both agents. * * * * * ■ 3. Amend § 543.17 by revising paragraphs (d), (i)(4)(i), and (j) to read as follows: § 543.17 What are the minimum internal control standards for drop and count? * E:\FR\FM\08JNP1.SGM * * 08JNP1 * * amozie on DSK3GDR082PROD with PROPOSALS1 26622 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules (d) Card game drop standards. Controls must be established and procedures implemented to ensure security of the drop process. Such controls must include the following: (1) Surveillance must be notified when the drop is to begin so that surveillance may monitor the activities. (2) At least two agents must be involved in the removal of the drop box, at least one of whom is independent of the card games department. (3) Once the drop is started, it must continue until finished. (4) All drop boxes may be removed only at the time previously designated by the gaming operation and reported to the TGRA. If an emergency drop is required, surveillance must be notified before the drop is conducted and the TGRA must be informed within a timeframe approved by the TGRA. (5) At the end of each shift: (i) All locked card game drop boxes must be removed from the tables by an agent independent of the card game shift being dropped; (ii) For any tables opened during the shift, a separate drop box must be placed on each table, or a gaming operation may utilize a single drop box with separate openings and compartments for each shift; and (iii) Card game drop boxes must be transported directly to the count room or other equivalently secure area by a minimum of two agents, at least one of whom is independent of the card game shift being dropped, until the count takes place. (6) All tables that were not open during a shift and therefore not part of the drop must be documented. (7) All card game drop boxes must be posted with a number corresponding to a permanent number on the gaming table and marked to indicate game, table number, and shift, if applicable. * * * * * (i) * * * (4) * * * (i) The count of each box must be recorded in ink or other permanent form of recordation. * * * * * (j) Controlled keys. Controls must be established and procedures implemented to safeguard the use, access, and security of keys in accordance with the following: (1) Each of the following requires a separate and unique key lock or alternative secure access method: (i) Drop cabinet; (ii) Drop box release; (iii) Drop box content; and (iv) Storage racks and carts used for the drop. VerDate Sep<11>2014 16:24 Jun 07, 2018 Jkt 244001 (2) Access to and return of keys or equivalents must be documented with the date, time, and signature or other unique identifier of the agent accessing or returning the key(s). (i) For Tier A and B operations, at least two (2) drop team agents are required to be present to access and return keys. For Tier C operations, at least three (3) drop team agents are required to be present to access and return keys. (ii) For Tier A and B operations, at least two (2) count team agents are required to be present at the time count room and other count keys are issued for the count. For Tier C operations, at least three (two for card game drop box keys in operations with three tables or fewer) count team agents are required to be present at the time count room and other count keys are issued for the count. (3) Documentation of all keys, including duplicates, must be maintained, including: (i) Unique identifier for each individual key; (ii) Key storage location; (iii) Number of keys made, duplicated, and destroyed; and (iv) Authorization and access. (4) Custody of all keys involved in the drop and count must be maintained by a department independent of the count and the drop agents as well as those departments being dropped and counted. (5) Other than the count team, no agent may have access to the drop box content keys while in possession of storage rack keys and/or release keys. (6) Other than the count team, only agents authorized to remove drop boxes are allowed access to drop box release keys. (7) Any use of keys at times other than the scheduled drop and count must be properly authorized and documented. (8) Emergency manual keys, such as an override key, for computerized, electronic, and alternative key systems must be maintained in accordance with the following: (i) Access to the emergency manual key(s) used to access the box containing the player interface drop and count keys requires the physical involvement of at least three agents from separate departments, including management. The date, time, and reason for access, must be documented with the signatures of all participating persons signing out/ in the emergency manual key(s); (ii) The custody of the emergency manual keys requires the presence of two agents from separate departments from the time of their issuance until the time of their return; and PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 (iii) Routine physical maintenance that requires access to the emergency manual key(s), and does not involve accessing the player interface drop and count keys, only requires the presence of two agents from separate departments. The date, time, and reason for access must be documented with the signatures of all participating agents signing out/in the emergency manual key(s). (9) Controls must be established and procedures implemented to safeguard the use, access, and security of keys for kiosks. * * * * * ■ 4. Amend § 543.18 by revising paragraph (d)(6)(v) to read as follows: § 543.18 What are the minimum internal control standards for the cage, vault, kiosk, cash and cash equivalents? * * * * * (d) * * (6) * * * (v) Dollar amount per financial instrument redeemed; * * * * * ■ 5. Amend 543.23 by revising paragraph (c)(1)(viii) to read as follows: § 543.23 What are the minimum internal control standards for audit and accounting? * * * * * (c) * * * (1) * * * (viii) Drop and count standards, including supervision, count room access, count team, card game drop standards, player interface and financial instrument drop standards, card game count standards, player interface financial instrument count standards, collecting currency cassettes and financial instrument storage components from kiosks, kiosk count standards, and controlled keys; * * * * * ■ 6. Amend 543.24 by revising paragraphs (a) and (d)(5) to read as follows: § 543.24 What are the minimum internal control standards for auditing revenue? (a) Supervision. Supervision must be provided as needed for revenue audit by an agent(s) with authority equal to or greater than those being supervised. * * * * * (d) * * * (5) Complimentary services or items. At least monthly, review the reports required in § 543.13(c). These reports must be made available to those entities authorized by the TGRA or by tribal law or ordinance. * * * * * Dated: May 1, 2018, Washington, DC. E:\FR\FM\08JNP1.SGM 08JNP1 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules Dated: May 7, 2018. Jonodev O. Chaudhuri, Chairman. Dated: May 1, 2018. Kathryn Isom-Clause, Vice Chair. Dated: May 4, 2018. E. Sequoyah Simermeyer, Associate Commissioner. [FR Doc. 2018–10365 Filed 6–7–18; 8:45 am] BILLING CODE 7565–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R6–ES–2018–0008; FXES11130900000–189–FF09E42000] RIN 1018–BC02 Endangered and Threatened Wildlife and Plants; Removing Oenothera coloradensis (Colorado Butterfly Plant) From the Federal List of Endangered and Threatened Plants Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), propose to remove the Colorado butterfly plant (Oenothera coloradensis, currently listed as Gaura neomexicana ssp. coloradensis) from the Federal List of Endangered and Threatened Plants (List) due to recovery. This determination is based on a thorough review of the best available scientific and commercial data, which indicate that the threats to the Colorado butterfly plant have been eliminated or reduced to the point that it has recovered, and that this plant is no longer likely to become endangered in the foreseeable future and, therefore, no longer meets the definition of a threatened species under the Endangered Species Act of 1973, as amended (Act). This proposed rule, if made final, would also remove the currently designated critical habitat for the Colorado butterfly plant. We are seeking information, data, and comments from the public on the proposed rule to remove the Colorado butterfly plant from the List (i.e., ‘‘delist’’ the species). In addition, we are also seeking input on considerations for post-delisting monitoring of the Colorado butterfly plant. DATES: We will accept comments received or postmarked on or before August 7, 2018. Comments submitted electronically using the Federal amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:24 Jun 07, 2018 Jkt 244001 eRulemaking Portal (see ADDRESSES, below), must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by July 23, 2018. ADDRESSES: Written comments: You may submit written comments by one of the following methods: • Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. In the Search box, enter Docket No. FWS–R6–ES–2018– 0008, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on the blue ‘‘Comment Now!’’ box. If your comments will fit in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review procedures. If you attach your comments as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters), our preferred formation is a spreadsheet in Microsoft Excel. • By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R6–ES–2018– 0008; U.S. Fish and Wildlife Service; MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041–3803. We request that you submit written comments only by the methods described above. We will post all comments on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more details). Document availability: This proposed rule and supporting documents, including a copy of the draft postdelisting monitoring plan referenced in this document, are available on http:// www.regulations.gov at Docket No. FWS–R6–ES–2018–0008. In addition, the supporting file for this proposed rule will be available for public inspection, by appointment, during normal business hours at the Wyoming Ecological Services Field Office; 5353 Yellowstone Road, Suite 308A, Cheyenne, WY 82009; telephone: 307– 772–2374. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. FOR FURTHER INFORMATION CONTACT: Tyler A. Abbott, Field Supervisor, telephone: 307–772–2374. Direct all PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 26623 questions or requests for additional information to: COLORADO BUTTERFLY PLANT QUESTIONS, U.S. Fish and Wildlife Service; Wyoming Ecological Services Field Office; 5353 Yellowstone Road, Suite 308A, Cheyenne, WY 82009. Individuals who are hearing-impaired or speechimpaired may call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: Information Requested Public Comments We want any final action resulting from this proposal to be as accurate as possible. Therefore, we invite tribal and governmental agencies, the scientific community, industry, and other interested parties to submit comments or recommendations concerning any aspect of this proposed rule. Comments should be as specific as possible. We particularly seek comments and new information concerning: (1) Our analyses of the Colorado butterfly plant’s abundance, distribution, and population trends; (2) Potential impacts from disturbances, such as grazing and residential, urban, and energy development; (3) Conservation activities within the plant’s range; (4) Potential impacts from the effects of climate change; and (5) Input on considerations for postdelisting monitoring of the Colorado butterfly plant. Please include sufficient supporting information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, may not meet the standard of information required by section 4(b)(1)(A) of the Act (16 U.S.C. 1531 et seq.), which directs that determinations as to whether any species is an endangered or threatened species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ To issue a final rule to implement this proposed action, we will take into consideration all comments and any additional information we receive. Such communications may lead to a final rule that differs from this proposal. All comments, including commenters’ names and addresses, if provided to us, will become part of the supporting record. E:\FR\FM\08JNP1.SGM 08JNP1

Agencies

[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Proposed Rules]
[Pages 26620-26623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10365]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 543

RIN 3141-AA60


Minimum Internal Control Standards

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The National Indian Gaming Commission (NIGC) proposes to amend 
its minimum internal control standards for Class II gaming under the 
Indian Gaming Regulatory Act to correct an erroneous deletion of the 
key control standards and to make other minor edits and additions for 
clarity.

DATES: Written comments on this proposed rule must be received on or 
before July 9, 2018.

ADDRESSES: You may submit comments by any one of the following methods, 
however, please note that comments sent by electronic mail are strongly 
encouraged.
    [ssquf] Email comments to: [email protected].
    [ssquf] Mail comments to: National Indian Gaming Commission, 1849 C 
Street NW, MS 1621, Washington, DC 20240.
    [ssquf] Fax comments to: National Indian Gaming Commission at 202-
632-0045.

FOR FURTHER INFORMATION CONTACT: Jennifer Lawson at (202) 632-7003 or 
by fax (202) 632-7066 (these numbers are not toll free).

SUPPLEMENTARY INFORMATION: 

I. Background

    The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100-497, 
25

[[Page 26621]]

U.S.C. 2701 et seq., was signed into law on October 17, 1988. The Act 
established the National Indian Gaming Commission (``NIGC'' or 
``Commission'') and set out a comprehensive framework for the 
regulation of gaming on Indian lands. On January 5, 1999, the NIGC 
published a final rule in the Federal Register called Minimum Internal 
Control Standards. 64 FR 590. The rule added a new part to the 
Commission's regulations establishing Minimum Internal Control 
Standards (MICS) to reduce the risk of loss because of customer or 
employee access to cash and cash equivalents within a casino. The rule 
contains standards and procedures that govern cash handling, 
documentation, game integrity, auditing, surveillance, and variances, 
as well as other areas.
    The Commission recognized from their inception that the MICS would 
require periodic review and updates to keep pace with technology and 
has substantively amended them numerous times, most recently in late 
2013 (78 FR 63873).

II. Development of the Rule

    On September 21, 2012, the Commission concluded nearly two years of 
consultation and drafting with the publication of comprehensive 
amendments, additions, and updates to Part 543, the minimum internal 
control standards (MICS) for Class II gaming operations (77 FR 58708). 
The regulations require tribes to establish controls and implement 
procedures at least as stringent as those described in this part to 
maintain the integrity of the gaming operation. In late 2013, the 
Commission published a final rule, adding kiosk drop, count, fill, and 
surveillance standards to Part 543 (78 FR 63873).
    Now, the Commission proposes additional revisions, largely 
technical in nature, that are meant to correct earlier editing 
oversights and to better clarify the intent of the provisions.

III. Regulatory Matters

Regulatory Flexibility Act

    The rule will not have a significant impact on a substantial number 
of small entities as defined under the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. Moreover, Indian Tribes are not considered to be 
small entities for the purposes of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    The rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. The rule does not have an 
effect on the economy of $100 million or more. The rule will not cause 
a major increase in costs or prices for consumers, individual 
industries, Federal, State, local government agencies or geographic 
regions, nor will the proposed rule have a significant adverse effect 
on competition, employment, investment, productivity, innovation, or 
the ability of the enterprises, to compete with foreign based 
enterprises.

Unfunded Mandates Reform Act

    The Commission, as an independent regulatory agency, is exempt from 
compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 
U.S.C. 658(1).

Takings

    In accordance with Executive Order 12630, the Commission has 
determined that the rule does not have significant takings 
implications. A takings implication assessment is not required.

Civil Justice Reform

    In accordance with Executive Order 12988, the Commission has 
determined that the rule does not unduly burden the judicial system and 
meets the requirements of sections 3(a) and 3(b)(2) of the Order.

National Environmental Policy Act

    The Commission has determined that the rule does not constitute a 
major federal action significantly affecting the quality of the human 
environment and that no detailed statement is required pursuant to the 
National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq.

Paperwork Reduction Act

    The information collection requirements contained in this rule were 
previously approved by the Office of Management and Budget as required 
by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141-0009. 
The OMB control number expires on November 30, 2018.

Tribal Consultation

    The National Indian Gaming Commission is committed to fulfilling 
its tribal consultation obligations--whether directed by statute or 
administrative action such as Executive Order (E.O.) 13175 
(Consultation and Coordination with Indian Tribal Governments)--by 
adhering to the consultation framework described in its Consultation 
Policy published July 15, 2013. The NIGC's consultation policy 
specifies that it will consult with tribes on Commission Action with 
Tribal Implications, which is defined as: Any Commission regulation, 
rulemaking, policy, guidance, legislative proposal, or operational 
activity that may have a substantial direct effect on an Indian tribe 
on matters including, but not limited to the ability of an Indian tribe 
to regulate its Indian gaming; an Indian tribe's formal relationship 
with the Commission; or the consideration of the Commission's trust 
responsibilities to Indian tribes.
    The key control language proposed here is the most substantive of 
all the changes and was the subject of extensive consultation in 2012 
(77 FR 58708). The language proposed here has not changed since 
initially adopted. It was inadvertently written over with the addition 
of kiosk controls in 2013. The remaining changes are all technical in 
nature, correcting numbering and adding minor clarifications.

List of Subjects in 25 CFR Part 543

    Accounting, Administrative practice and procedure, Gambling, 
Indian--Indian lands, Reporting and recordkeeping requirements.

    For the reasons discussed in the Preamble, the Commission proposes 
to amend 25 CFR part 543 as follows:

PART 543--MINIMUM INTERNAL CONTROL STANDARDS FOR CLASS II GAMING

0
1. The authority for part 543 continues to read as follows:

    Authority: 25 U.S.C. 2702(2), 2706(b)(1-4), 2706(b)(10).

0
2. Amend Sec.  543.10 by revising paragraph (e) to read as follows:


Sec.  543.10   What are the minimum internal control standards for card 
games?

* * * * *
    (e) Standards for reconciliation of card room bank. Two agents--one 
of whom must be a supervisory agent--must independently count the main 
card room bank and table inventory at the end of each shift and record 
the following information:
    (1) Date;
    (2) Shift;
    (3) Table number (if applicable);
    (4) Amount by denomination;
    (5) Amount in total; and
    (6) Signatures of both agents.
* * * * *
0
 3. Amend Sec.  543.17 by revising paragraphs (d), (i)(4)(i), and (j) 
to read as follows:


Sec.  543.17   What are the minimum internal control standards for drop 
and count?

* * * * *

[[Page 26622]]

    (d) Card game drop standards. Controls must be established and 
procedures implemented to ensure security of the drop process. Such 
controls must include the following:
    (1) Surveillance must be notified when the drop is to begin so that 
surveillance may monitor the activities.
    (2) At least two agents must be involved in the removal of the drop 
box, at least one of whom is independent of the card games department.
    (3) Once the drop is started, it must continue until finished.
    (4) All drop boxes may be removed only at the time previously 
designated by the gaming operation and reported to the TGRA. If an 
emergency drop is required, surveillance must be notified before the 
drop is conducted and the TGRA must be informed within a timeframe 
approved by the TGRA.
    (5) At the end of each shift:
    (i) All locked card game drop boxes must be removed from the tables 
by an agent independent of the card game shift being dropped;
    (ii) For any tables opened during the shift, a separate drop box 
must be placed on each table, or a gaming operation may utilize a 
single drop box with separate openings and compartments for each shift; 
and
    (iii) Card game drop boxes must be transported directly to the 
count room or other equivalently secure area by a minimum of two 
agents, at least one of whom is independent of the card game shift 
being dropped, until the count takes place.
    (6) All tables that were not open during a shift and therefore not 
part of the drop must be documented.
    (7) All card game drop boxes must be posted with a number 
corresponding to a permanent number on the gaming table and marked to 
indicate game, table number, and shift, if applicable.
* * * * *
    (i) * * *
    (4) * * *
    (i) The count of each box must be recorded in ink or other 
permanent form of recordation.
* * * * *
    (j) Controlled keys. Controls must be established and procedures 
implemented to safeguard the use, access, and security of keys in 
accordance with the following:
    (1) Each of the following requires a separate and unique key lock 
or alternative secure access method:
    (i) Drop cabinet;
    (ii) Drop box release;
    (iii) Drop box content; and
    (iv) Storage racks and carts used for the drop.
    (2) Access to and return of keys or equivalents must be documented 
with the date, time, and signature or other unique identifier of the 
agent accessing or returning the key(s).
    (i) For Tier A and B operations, at least two (2) drop team agents 
are required to be present to access and return keys. For Tier C 
operations, at least three (3) drop team agents are required to be 
present to access and return keys.
    (ii) For Tier A and B operations, at least two (2) count team 
agents are required to be present at the time count room and other 
count keys are issued for the count. For Tier C operations, at least 
three (two for card game drop box keys in operations with three tables 
or fewer) count team agents are required to be present at the time 
count room and other count keys are issued for the count.
    (3) Documentation of all keys, including duplicates, must be 
maintained, including:
    (i) Unique identifier for each individual key;
    (ii) Key storage location;
    (iii) Number of keys made, duplicated, and destroyed; and
    (iv) Authorization and access.
    (4) Custody of all keys involved in the drop and count must be 
maintained by a department independent of the count and the drop agents 
as well as those departments being dropped and counted.
    (5) Other than the count team, no agent may have access to the drop 
box content keys while in possession of storage rack keys and/or 
release keys.
    (6) Other than the count team, only agents authorized to remove 
drop boxes are allowed access to drop box release keys.
    (7) Any use of keys at times other than the scheduled drop and 
count must be properly authorized and documented.
    (8) Emergency manual keys, such as an override key, for 
computerized, electronic, and alternative key systems must be 
maintained in accordance with the following:
    (i) Access to the emergency manual key(s) used to access the box 
containing the player interface drop and count keys requires the 
physical involvement of at least three agents from separate 
departments, including management. The date, time, and reason for 
access, must be documented with the signatures of all participating 
persons signing out/in the emergency manual key(s);
    (ii) The custody of the emergency manual keys requires the presence 
of two agents from separate departments from the time of their issuance 
until the time of their return; and
    (iii) Routine physical maintenance that requires access to the 
emergency manual key(s), and does not involve accessing the player 
interface drop and count keys, only requires the presence of two agents 
from separate departments. The date, time, and reason for access must 
be documented with the signatures of all participating agents signing 
out/in the emergency manual key(s).
    (9) Controls must be established and procedures implemented to 
safeguard the use, access, and security of keys for kiosks.
* * * * *
0
4. Amend Sec.  543.18 by revising paragraph (d)(6)(v) to read as 
follows:


Sec.  543.18   What are the minimum internal control standards for the 
cage, vault, kiosk, cash and cash equivalents?

* * * * *
    (d) * *
    (6) * * *
    (v) Dollar amount per financial instrument redeemed;
* * * * *
0
5. Amend 543.23 by revising paragraph (c)(1)(viii) to read as follows:


Sec.  543.23   What are the minimum internal control standards for 
audit and accounting?

* * * * *
    (c) * * *
    (1) * * *
    (viii) Drop and count standards, including supervision, count room 
access, count team, card game drop standards, player interface and 
financial instrument drop standards, card game count standards, player 
interface financial instrument count standards, collecting currency 
cassettes and financial instrument storage components from kiosks, 
kiosk count standards, and controlled keys;
* * * * *
0
6. Amend 543.24 by revising paragraphs (a) and (d)(5) to read as 
follows:


Sec.  543.24   What are the minimum internal control standards for 
auditing revenue?

    (a) Supervision. Supervision must be provided as needed for revenue 
audit by an agent(s) with authority equal to or greater than those 
being supervised.
* * * * *
    (d) * * *
    (5) Complimentary services or items. At least monthly, review the 
reports required in Sec.  543.13(c). These reports must be made 
available to those entities authorized by the TGRA or by tribal law or 
ordinance.
* * * * *

    Dated: May 1, 2018, Washington, DC.


[[Page 26623]]


     Dated: May 7, 2018.
Jonodev O. Chaudhuri,
Chairman.

    Dated: May 1, 2018.
Kathryn Isom-Clause,
Vice Chair.

    Dated: May 4, 2018.
E. Sequoyah Simermeyer,
Associate Commissioner.
[FR Doc. 2018-10365 Filed 6-7-18; 8:45 am]
 BILLING CODE 7565-01-P