[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Rules and Regulations]
[Pages 55269-55270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22661]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Parts 542 and 543

RIN 3141-AA-37


Minimum Internal Control Standards for Class II Gaming

AGENCY: National Indian Gaming Commission.

ACTION: Delay of effective date of final rule; request for comments.

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

SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the 
extension of the effective date on the final rule for Minimum Internal 
Control Standards for Class II Gaming. The final rule was published in 
the Federal Register on October 10, 2008 (73 FR 60492). The Commission 
is changing the effective date for the amendments to Sec. Sec.  542.7 
and 542.16 (and their renumbering as Sec. Sec.  543.7 and 543.16), as 
well as the date for operations to implement tribal internal controls 
found in Sec.  543.3(c)(3) to October 13, 2011, in order to extend the 
transition time, allow the new Commission time to thoroughly review the 
rule, and to receive comment on whether the rule should be amended in 
whole or in part.

DATES: The effective date for the amendments to Sec. Sec.  542.7 and 
542.16 for the final rule published October 10, 2008, 73 FR 60492, and 
delayed on October 9, 2009, 74 FR 52138, is further delayed from 
October 13, 2010, until October 13, 2011. The effective date for the 
amendment to Sec.  543.3(c)(3) in this rule is October 13, 2011. Submit 
comments on or before November 9, 2010.

ADDRESSES: Mail comments to ``Comments on Class II MICS'', National 
Indian Gaming Commission, 1441 L St., NW., Suite 9100, Washington, DC 
20005, attn: Jennifer Ward. Comments may be transmitted by facsimile to 
202-632-7066, but the original should also be submitted by mail. 
Comments may also be sent electronically to [email protected] or posted at http://www.regulations.gov under this 
notice.

FOR FURTHER INFORMATION CONTACT: Jennifer Ward, Attorney, Office of 
General Counsel, at (202) 632-7003; fax (202) 632-7066 (not toll-free 
numbers).

SUPPLEMENTARY INFORMATION: Congress established the National Indian 
Gaming Commission under the Indian Gaming Regulatory Act of 1988 (25 
U.S.C. 2701-21) (``IGRA'') to regulate gaming on Indian lands. The NIGC 
issued a final rule that superseded specified sections

[[Page 55270]]

of established Minimum Internal Control Standards and replaced them 
with a new part titled Minimum Internal Control Standards Class II 
Gaming, that was published in the Federal Register on October 10, 2008 
(73 FR 60492). The final rule provided an effective date for amendments 
to Sec. Sec.  542.7 and 542.16 of October 13, 2009. An extension 
delayed the effective date of the amendments until October 13, 2010. 74 
FR 52138, October 9, 2009. The NIGC is again extending the effective 
date of these amendments to October 13, 2011. The rule at Sec.  
543.3(c)(3) also set a deadline of within six months of the date the 
tribal gaming regulatory authorities' enactment of tribal internal 
controls for tribal operators to come into compliance with tribal 
internal controls. This deadline has likewise been extended to October 
13, 2011.
    As explained in the preamble to the final rule (73 FR 60492 
(October 10, 2008)), the Commission intended these amendments to be the 
first part of a multi-phase process of establishing separate MICS for 
class II gaming and that the extended effective date would provide the 
necessary time to complete this process. On October 9, 2009, the 
Commission extended the effective date of the amendments until October 
13, 2010, anticipating that all phases of the process would then be 
complete and that a final comprehensive set of class II MICS would take 
effect at that time. 74 FR 52138 (October 9, 2009). The NIGC is 
extending the effective date of these amendments to October 13, 2011, 
to allow time for the transition as contemplated by the final rule.

List of Subjects in 25 CFR Part 543

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

0
For the reasons set forth above, under the authority at 25 U.S.C. 2701, 
2702, 2706, et seq., the effective date for the amendments to 
Sec. Sec.  542.7 and 542.16 for the final rule published October 10, 
2008, 73 FR 60492, is delayed from October 13, 2010, until October 13, 
2011 and 25 CFR Part 543 is amended as set forth below:

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

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

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


0
2. Section 543.3 is amended by revising paragraph (c)(3) to read as 
follows:


Sec.  543.3  How do tribal governments comply with this part?

* * * * *
    (c) * * *
    (3) Establish a deadline, no later than October 13, 2011, by which 
a gaming operation must come into compliance with the tribal internal 
control standards. However, the tribal gaming regulatory authority may 
extend the deadline by six months if written notice citing 
justification is provided to the Commission no later than two weeks 
before the deadline.
* * * * *

    Dated: September 7, 2010.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairperson.
Daniel Little,
Associate Commissioner.
[FR Doc. 2010-22661 Filed 9-9-10; 8:45 am]
BILLING CODE 7565-01-P