[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Proposed Rules]
[Pages 13296-13297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6806]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 502

RIN 3141-AA10


Definitions: Electronic or Electromechanical Facsimile; Games 
Similar to Bingo; Electronic, Computer or Other Technologic Aid to 
Class II Games

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Proposed Rule for Final Comment.

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SUMMARY: The National Indian Gaming Commission (Commission) proposes to 
clarify the regulatory definitions of three key terms in the Indian 
Gaming Regulatory Act, ``electronic and electromechanical facsimile'', 
``games similar to bingo'' and ``electronic, computer or other 
technologic aid to Class II gaming''. The Commission believes that 
these amendments may simplify the classification of games.

DATES: Comments may be submitted on or before April 22, 2002.

FOR FURTHER INFORMATION CONTACT: Penny Coleman, at 202/632-7003 or, by 
fax, at 202/632-7066 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA) 25 
U.S.C. 2701-2721, enacted on October 17, 1988, established the 
Commission. Under the Act, the Commission is charged with regulating 
gaming by Indian tribes. On April 9, 1992, the Commission issued a 
final rule defining several key terms that were not fully defined in 
the statute. In light of the experience that it has developed in the 
past ten years in working with these definitions, the Commission 
believes that it may be time to reevaluate some of these definitions. 
Accordingly, on June 22, 2001, the Commission published a Proposed Rule 
seeking public comment on the proposed removal of the existing 
definition of ``electronic or electromechanical facsimile'' from the 
Commission's regulations and using instead the plain language 
interpretation that seems to have been preferred by the courts.
    The Commission received numerous comments to this proposed rule, a 
majority of which indicated support for the proposal. However, even 
many of the supportive comments expressed the view that removing the 
current definition was merely a first step in addressing the questions 
at issue. Several comments indicated that the Commission should remove 
the definition and replace it with another definition providing 
additional substantive guidance.
    The Commission addresses these comments by proposing a new 
definition of ``electronic or electromechanical facsimile.'' In light 
of the comments, the Commission also proposes changes to two related 
definitions for which it seeks additional comment.

Regulatory Flexibility Act

    To the extent that tribal gaming operations may be considered small 
businesses and therefore small entities under the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., this rule will not have a 
significant economic effect on a substantial number of small entities. 
Indian Tribes are not considered to be small entities for the purposes 
of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business

[[Page 13297]]

Regulatory Enforcement Fairness Act. This rule does not have an annual 
effect on the economy of $100 million or more. This rule will not cause 
a major increase in costs or prices for consumers, individual 
industries, Federal, state or local government agencies or geographic 
regions and does not have a significant adverse effect on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

Takings

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

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of General 
Counsel 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. Instead, the rule is likely to decrease litigation with 
Indian tribes and reduce unnecessary friction between the Department of 
Justice and the Commission.

Paperwork Reduction Act

    This regulation does not require an information collection under 
the Paperwork Reduction Act 44 U.S.C. 3501 et seq.

National Environmental Policy Act

    The Commission has analyzed this rule in accordance with the 
criteria of the National Environmental Policy Act. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An environmental assessment is not required.

List of Subjects in 25 CFR Part 502

    Gaming, Indian lands.
    For the reasons set forth in the preamble, the National Indian 
Gaming Commission proposes to amend 25 CFR Part 502 as follows:

PART 502--DEFINITIONS OF THIS CHAPTER

    Authority: 25 U.S.C. 2701 et seq.

    1. Revise Sec. 502.7 to read as follows:


Sec. 502.7  Electronic, computer or other technologic aid.

    (a) Electronic, computer or other technologic aid means any machine 
or device, such as a computer, telephone, cable, television, screen, 
satellite, or bingo blower, that when used--
    (1) Is not a game of chance but merely assists a player or the 
playing of a game;
    (2) Is readily distinguishable from the playing of an electronic or 
electromechanical facsimile of a game of chance; and
    (3) Is operated according to applicable Federal communications law.
    (b) Other examples of an electronic, computer or other technologic 
aid may include, but are not limited to, equipment that allows 
communication between and among gaming sites, electronic cards (player 
stations) for participants in bingo games, and machines or devices that 
read and/or dispense pull-tabs.
    2. Revise Sec. 502.8 to read as follows:


Sec. 502.8  Electronic or electromechanical facsimile

    Electronic or electromechanical facsimile means a game played in an 
electronic or electromechanical format that replicates a game of chance 
by incorporating all of the fundamental characteristics of the game and 
that is not an electronic, computer or technologic aid to a Class II 
game.
    3. Revise Sec. 502.9 to read as follows:


Sec. 502.9  Games similar to bingo

    Pull-tabs, lotto, punch boards, tip jars, instant bingo, and other 
games similar to bingo means games played with a finite deal, and 
established prizes, that are preprinted and use paper or other tangible 
medium, such as, break open or scratch off tickets.

    Dated: March 15, 2002.
Elizabeth L. Homer,
Vice Chair.
Teresa E. Poust,
Commissioner.
[FR Doc. 02-6806 Filed 3-21-02; 8:45 am]
BILLING CODE 7565-01-U