Comments Due Soon! The National Indian Gaming Commission Proposes Changes to 25 C.F.R. Part 547 Technical Standards Affecting 2008 Grandfathered Class II Gaming Systems

NIGA Member Tribes

Chairman Ernest L. Stevens Jr.
Jason C. Giles, Executive Director
Danielle Her Many Horses, Deputy Executive Director/General Counsel

Comments Due Soon! The National Indian Gaming Commission Proposes Changes to 25 C.F.R. Part 547 Technical Standards Affecting 2008 Grandfathered Class II Gaming Systems
November 8, 2017

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On September 28, 2017, the National Indian Gaming Commission ("NIGC") issued a Proposed Rule to amend the technical standards contained in 25 C.F.R. Part 547 ("Part 547"), including those affecting certain (Grandfathered) Class II gaming systems manufactured before November 10, 2008.  Comments are due to the NIGC by November 13, 2017.  A copy of the Proposed Rule is available at the following link:

https://www.gpo.gov/fdsys/pkg/FR-2017-09-28/pdf/2017-20635.pdf

We encourage you to submit written comments on the Proposed Rule, which removes the "sunset" clause requiring gaming systems manufactured before November 10, 2008, to either be brought into full compliance or removed from the gaming floor by November 10, 2018.  However, with the removal of the sunset clause, the NIGC is proposing to add a new annual review requirement on tribal gaming regulatory authorities. 

This annual review process was first introduced in the Discussion Draft preceding this Proposed Rule, and initially included an onerous reporting requirement to the NIGC.  During the comment period for the Discussion Draft, the NIGC received a number of comments objecting to the annual review and reporting procedures.  Although the Proposed Rule retains the annual review provision, it no longer includes the reporting requirement in an effort to reduce the compliance burden on tribal gaming regulatory authorities. 

Enclosed is a model comment letter to assist you in preparing your comments on these and other proposed changes to 25 C.F.R. Part 547.  Written comments may be submitted on or before November 13, 2017,by any of the methods below:

  • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
  • Email: 547.5_Comments@nigc.gov.
  • Fax: 202-632-7066.
  • U.S. Mail: National Indian Gaming Commission, 1849 C Street NW., MS 1621, Washington, DC 20240.
  • Hand Delivery: National Indian Gaming Commission, 90 K Street NE., Suite 200, Washington, DC 20002, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Please contact Danielle Her Many Horses at 202-546-7711 or by email at dhermanyhorses@indiangaming.org if you have any questions or concerns regarding this Alert.