Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 68477-68478 [E9-30638]
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68477
Rules and Regulations
Federal Register
Vol. 74, No. 247
Monday, December 28, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 37
[Docket No. DHS–2006–0030]
RIN 1601–AA37
Minimum Standards for Driver’s
Licenses and Identification Cards
Acceptable by Federal Agencies for
Official Purposes
Office of the Secretary, DHS.
Final rule; stay.
AGENCY:
erowe on DSK5CLS3C1PROD with RULES
ACTION:
SUMMARY: Pursuant to the Department of
Homeland Security’s REAL ID
regulations, States must be in material
compliance with the REAL ID ACT of
2005, 49 U.S.C. 30301 note, by January
1, 2010. This final rule stays that date.
Any new material compliance dates will
be announced in a future Federal
Register document.
DATES: Effective on December 28, 2009,
6 CFR 37.51(b) is stayed from January 1,
2010, until further notice. The
Department of Homeland Security will
lift the stay and announce any new
compliance dates by publication in a
document in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Kozar, Office of State-Issued
Identification Support, Screening
Coordination Office, Department of
Homeland Security, Washington, DC
20528 (202) 447–3368.
SUPPLEMENTARY INFORMATION: The REAL
ID Act of 2005 (the Act) 1 prohibits
Federal agencies, effective May 11,
2008, from accepting a driver’s license
or personal identification card for any
official purpose unless the license or
1 The Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005, Public Law 109–13, 119 Stat.
231, 302 (May 11, 2005) (codified at 49 U.S.C.
30301 note).
VerDate Nov<24>2008
10:44 Dec 24, 2009
Jkt 220001
card has been issued by a State that is
meeting the requirements set forth in
the Act. Section 205(b) of the Act
authorizes the Secretary of Homeland
Security to grant States extensions of
time to meet the requirements of the Act
if the State provides adequate
justification for noncompliance.
On January 29, 2008, DHS
promulgated a final rule implementing
the requirements of the Act. See 73 FR
5272; also 6 CFR part 37. The final rule
extended the initial compliance date
from May 11, 2008 to May 11, 2011. The
final rule allowed States to apply for
two extensions to meet these
requirements—the first extension, given
to States in March 2008, is set to expire
on December 31, 2009. States may
request an extension that would give
States until May 11, 2011 to fully
comply with the Act and the
implementing regulations.
Based on ongoing communications
with the States throughout the
development of the REAL ID program, a
large majority of States and territories—
46 of 56—have informed DHS that they
will not be able to meet the REAL ID
material compliance deadline. To avoid
the unnecessary disruption of
commercial air travel over the upcoming
holiday season that would result if
Federal agencies cannot accept Stateissued identification cards from
travelers beginning January 1, 2010, the
Secretary of Homeland Security, under
the authority granted to her under
section 205(b) of the Act, is staying the
material compliance deadline of January
1, 2010, until further notice. Although
the material compliance date has been
stayed, the full compliance date of May
11, 2011, remains in effect.
This stay is a temporary approach, but
is not an acceptable solution over the
long-term. DHS continues to urge
Congress to enact a permanent
legislative solution to fulfill this key
9/11 Commission recommendation.
That is why Secretary Napolitano has
supported the efforts of Governors and
Congress to enact PASS ID, which puts
States on the path to implementing
national security standards for State
identification cards that will enhance
security across the country.
II. Regulatory Analyses
A. Administrative Procedure Act
The Administrative Procedure Act
(APA) provides that an agency may
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
dispense with notice and comment
rulemaking procedures when an agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ See 5 U.S.C. 553(b)(B). As
noted earlier in this preamble, DHS has
communicated extensively with States
throughout the development of the
REAL ID program. Based on these
communications, and the recent
submissions from the States, DHS has
determined that, although States are
making significant enhancements to the
security of their driver’s licenses and
State-issued identification documents,
the vast majority of States cannot meet
all of the statutorily-mandated
requirements under the REAL ID Act by
January 1, 2010. In order to minimize
impact on the American public as well
as to ensure States continue to invest in
security enhancements, the January 1,
2010, material compliance deadline is
stayed until further notice.
The REAL ID Act prohibits Federal
agencies from accepting driver’s
licenses or personal identification cards
for any official purpose unless the
issuing State is meeting the
requirements set forth in the Act.
‘‘Official purpose’’ is defined in both the
Act and in the regulations to include
boarding Federally-regulated
commercial aircraft. If the vast majority
of States are unable to meet the January
1, 2010 material compliance deadline,
in the absence of an extension, Federal
agencies, including TSA screeners,
beginning January 1, 2010, would not be
able to accept State-issued driver’s
licenses or identification cards from
residents of these States for official
purpose, including for use in boarding
commercial aircraft. Travelers would
have to use alternative, non-State-issued
documents to demonstrate identity, as
described in TSA’s procedures, to pass
through security at airports. All U.S.
residents traveling by commercial
aircraft would experience very
significant travel delays; in fact,
commercial aviation would be severely
impacted. Such a disruption to air travel
is not in the public’s best interest in
particular during the holiday season. It
would also be contrary to the public
interest, therefore, to seek public
comment prior to extending the
compliance date, given that such
comments reasonably could not be
E:\FR\FM\28DER1.SGM
28DER1
68478
Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Rules and Regulations
received and acted upon prior to the
date.
Based on the above, DHS finds that
pre-promulgation notice and comment
for this rule would be impracticable,
unnecessary, and contrary to the public
interest. For this same reason, good
cause exists to make this rule effective
immediately upon publication in the
Federal Register. See 5 U.S.C. 553(d)(3).
B. Executive Order 12866 (Regulatory
Planning and Review)
This rule constitutes a ‘‘significant
regulatory action’’ under Executive
Order 12866, and therefore has been
reviewed by the Office of Management
and Budget. Under Executive Order
12866, a significant regulatory action is
subject to an Office of Management and
Budget (OMB) review and to the
requirements of the Executive Order.
The Executive Order defines
‘‘significant regulatory action’’ as one
that is likely to result in a rule that may
(1) have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities; (2) create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; 3) materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights or obligations of recipients
thereof; or 4) raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
Because this rule eliminates the material
compliance date and is part of a
previously published rule that received
considerable public attention, this rule
raises novel policy issues and, thereby,
is subject to OMB review.
erowe on DSK5CLS3C1PROD with RULES
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121), requires Federal agencies
to consider the potential impact of
regulations on small businesses, small
governmental jurisdictions, and small
organizations during the development of
their rules. This final rule, however,
makes changes for which notice and
comment are not necessary.
Accordingly, DHS is not required to
prepare a regulatory flexibility analysis.
5 U.S.C. 603, 604.
VerDate Nov<24>2008
16:33 Dec 24, 2009
Jkt 220001
D. Paperwork Reduction Act
The Amendments
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
■
E. Executive Order 13132 (Federalism)
A rule has implications for federalism
under Executive Order 13132,
‘‘Federalism,’’ if it has a substantial
direct effect on State or local
governments and would either preempt
State law or impose a substantial direct
cost of compliance on them. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538), requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Unfunded Mandates
Reform Act addresses actions that may
result in the expenditure by a State,
local, or Tribal government, in the
aggregate, or by the private sector of
$100 million (adjusted for inflation) or
more in any one year. This final rule
will not result in such an expenditure.
G. Executive Order 13175 (Tribal
Consultation)
This rule does not have Tribal
implications under Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
H. Executive Order 13211 (Energy
Impact Analysis)
We have analyzed this rule under
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.’’ We have
determined that it is not a ‘‘significant
energy action’’ under that Order and is
not likely to have a significant adverse
effect on the supply, distribution, or use
of energy. Therefore, it does not require
a Statement of Energy Effects under
Executive Order 13211.
List of Subjects in 6 CFR Part 37
Document security, driver’s licenses,
identification cards, incorporation by
reference, motor vehicle
administrations, physical security.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
For the reasons set forth above, the
Department of Homeland Security
amends 6 CFR part 37 as follows:
PART 37—REAL ID DRIVER’S
LICENSES AND IDENTIFICATION
CARDS
1. The authority citation for part 37
continues to read as follows:
■
Authority: 49 U.S.C. 30301 note; 6 U.S.C.
111, 112.
§ 37.51
[Amended]
2. In Section 37.51, paragraph (b) is
stayed from January 1, 2010 until
further notice.
■
Janet Napolitano,
Secretary.
[FR Doc. E9–30638 Filed 12–24–09; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS-2008-0147]
Change in Disease Status of the
Republic of Korea With Regard to
Foot-and-Mouth Disease and
Rinderpest
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the
regulations to add the Republic of Korea
to the list of regions that are considered
free of rinderpest and foot-and-mouth
disease (FMD). We are taking this action
because we have conducted an
evaluation and determined that the
Republic of Korea is free of rinderpest
and FMD. We are also adding the
Republic of Korea to the list of regions
that are subject to certain import
restrictions on meat and meat products
because of their proximity to or trading
relationships with rinderpest- or FMDaffected countries. These actions will
update the disease status of the
Republic of Korea with regard to
rinderpest and FMD while continuing to
protect the United States from an
introduction of those diseases by
providing additional requirements for
meat and other animal products
imported into the United States from the
Republic of Korea.
DATES: Effective Date: January 12, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Julia Punderson, Senior Staff
E:\FR\FM\28DER1.SGM
28DER1
Agencies
[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68477-68478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30638]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 /
Rules and Regulations
[[Page 68477]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 37
[Docket No. DHS-2006-0030]
RIN 1601-AA37
Minimum Standards for Driver's Licenses and Identification Cards
Acceptable by Federal Agencies for Official Purposes
AGENCY: Office of the Secretary, DHS.
ACTION: Final rule; stay.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Department of Homeland Security's REAL ID
regulations, States must be in material compliance with the REAL ID ACT
of 2005, 49 U.S.C. 30301 note, by January 1, 2010. This final rule
stays that date. Any new material compliance dates will be announced in
a future Federal Register document.
DATES: Effective on December 28, 2009, 6 CFR 37.51(b) is stayed from
January 1, 2010, until further notice. The Department of Homeland
Security will lift the stay and announce any new compliance dates by
publication in a document in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Steve Kozar, Office of State-Issued
Identification Support, Screening Coordination Office, Department of
Homeland Security, Washington, DC 20528 (202) 447-3368.
SUPPLEMENTARY INFORMATION: The REAL ID Act of 2005 (the Act) \1\
prohibits Federal agencies, effective May 11, 2008, from accepting a
driver's license or personal identification card for any official
purpose unless the license or card has been issued by a State that is
meeting the requirements set forth in the Act. Section 205(b) of the
Act authorizes the Secretary of Homeland Security to grant States
extensions of time to meet the requirements of the Act if the State
provides adequate justification for noncompliance.
---------------------------------------------------------------------------
\1\ The Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-
13, 119 Stat. 231, 302 (May 11, 2005) (codified at 49 U.S.C. 30301
note).
---------------------------------------------------------------------------
On January 29, 2008, DHS promulgated a final rule implementing the
requirements of the Act. See 73 FR 5272; also 6 CFR part 37. The final
rule extended the initial compliance date from May 11, 2008 to May 11,
2011. The final rule allowed States to apply for two extensions to meet
these requirements--the first extension, given to States in March 2008,
is set to expire on December 31, 2009. States may request an extension
that would give States until May 11, 2011 to fully comply with the Act
and the implementing regulations.
Based on ongoing communications with the States throughout the
development of the REAL ID program, a large majority of States and
territories--46 of 56--have informed DHS that they will not be able to
meet the REAL ID material compliance deadline. To avoid the unnecessary
disruption of commercial air travel over the upcoming holiday season
that would result if Federal agencies cannot accept State-issued
identification cards from travelers beginning January 1, 2010, the
Secretary of Homeland Security, under the authority granted to her
under section 205(b) of the Act, is staying the material compliance
deadline of January 1, 2010, until further notice. Although the
material compliance date has been stayed, the full compliance date of
May 11, 2011, remains in effect.
This stay is a temporary approach, but is not an acceptable
solution over the long-term. DHS continues to urge Congress to enact a
permanent legislative solution to fulfill this key 9/11 Commission
recommendation. That is why Secretary Napolitano has supported the
efforts of Governors and Congress to enact PASS ID, which puts States
on the path to implementing national security standards for State
identification cards that will enhance security across the country.
II. Regulatory Analyses
A. Administrative Procedure Act
The Administrative Procedure Act (APA) provides that an agency may
dispense with notice and comment rulemaking procedures when an agency,
for ``good cause,'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' See 5 U.S.C.
553(b)(B). As noted earlier in this preamble, DHS has communicated
extensively with States throughout the development of the REAL ID
program. Based on these communications, and the recent submissions from
the States, DHS has determined that, although States are making
significant enhancements to the security of their driver's licenses and
State-issued identification documents, the vast majority of States
cannot meet all of the statutorily-mandated requirements under the REAL
ID Act by January 1, 2010. In order to minimize impact on the American
public as well as to ensure States continue to invest in security
enhancements, the January 1, 2010, material compliance deadline is
stayed until further notice.
The REAL ID Act prohibits Federal agencies from accepting driver's
licenses or personal identification cards for any official purpose
unless the issuing State is meeting the requirements set forth in the
Act. ``Official purpose'' is defined in both the Act and in the
regulations to include boarding Federally-regulated commercial
aircraft. If the vast majority of States are unable to meet the January
1, 2010 material compliance deadline, in the absence of an extension,
Federal agencies, including TSA screeners, beginning January 1, 2010,
would not be able to accept State-issued driver's licenses or
identification cards from residents of these States for official
purpose, including for use in boarding commercial aircraft. Travelers
would have to use alternative, non-State-issued documents to
demonstrate identity, as described in TSA's procedures, to pass through
security at airports. All U.S. residents traveling by commercial
aircraft would experience very significant travel delays; in fact,
commercial aviation would be severely impacted. Such a disruption to
air travel is not in the public's best interest in particular during
the holiday season. It would also be contrary to the public interest,
therefore, to seek public comment prior to extending the compliance
date, given that such comments reasonably could not be
[[Page 68478]]
received and acted upon prior to the date.
Based on the above, DHS finds that pre-promulgation notice and
comment for this rule would be impracticable, unnecessary, and contrary
to the public interest. For this same reason, good cause exists to make
this rule effective immediately upon publication in the Federal
Register. See 5 U.S.C. 553(d)(3).
B. Executive Order 12866 (Regulatory Planning and Review)
This rule constitutes a ``significant regulatory action'' under
Executive Order 12866, and therefore has been reviewed by the Office of
Management and Budget. Under Executive Order 12866, a significant
regulatory action is subject to an Office of Management and Budget
(OMB) review and to the requirements of the Executive Order. The
Executive Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may (1) have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or Tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights or obligations of recipients
thereof; or 4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order. Because this rule eliminates the material
compliance date and is part of a previously published rule that
received considerable public attention, this rule raises novel policy
issues and, thereby, is subject to OMB review.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), requires Federal agencies to consider the
potential impact of regulations on small businesses, small governmental
jurisdictions, and small organizations during the development of their
rules. This final rule, however, makes changes for which notice and
comment are not necessary. Accordingly, DHS is not required to prepare
a regulatory flexibility analysis. 5 U.S.C. 603, 604.
D. Paperwork Reduction Act
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Executive Order 13132 (Federalism)
A rule has implications for federalism under Executive Order 13132,
``Federalism,'' if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538),
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Unfunded Mandates Reform Act
addresses actions that may result in the expenditure by a State, local,
or Tribal government, in the aggregate, or by the private sector of
$100 million (adjusted for inflation) or more in any one year. This
final rule will not result in such an expenditure.
G. Executive Order 13175 (Tribal Consultation)
This rule does not have Tribal implications under Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments,'' because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
H. Executive Order 13211 (Energy Impact Analysis)
We have analyzed this rule under Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use.'' We have determined that it is not a
``significant energy action'' under that Order and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 6 CFR Part 37
Document security, driver's licenses, identification cards,
incorporation by reference, motor vehicle administrations, physical
security.
The Amendments
0
For the reasons set forth above, the Department of Homeland Security
amends 6 CFR part 37 as follows:
PART 37--REAL ID DRIVER'S LICENSES AND IDENTIFICATION CARDS
0
1. The authority citation for part 37 continues to read as follows:
Authority: 49 U.S.C. 30301 note; 6 U.S.C. 111, 112.
Sec. 37.51 [Amended]
0
2. In Section 37.51, paragraph (b) is stayed from January 1, 2010 until
further notice.
Janet Napolitano,
Secretary.
[FR Doc. E9-30638 Filed 12-24-09; 8:45 am]
BILLING CODE 9110-9M-P