Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 77836-77838 [2014-30082]
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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations
administration of preference in Federal
employment. (5 U.S.C. 2108, 2108a)
mstockstill on DSK4VPTVN1PROD with RULES
§ 211.102
Definitions.
For the purposes of preference in
Federal employment, the following
definitions apply:
(a) Veteran means a person who has
been discharged or released from active
duty in the armed forces under
honorable conditions, or who has a
certification as defined in paragraph (h)
of this section, if the active duty service
was performed:
(1) In a war;
(2) In a campaign or expedition for
which a campaign badge has been
authorized;
(3) During the period beginning April
28, 1952, and ending July 1, 1955;
(4) For more than 180 consecutive
days, other than for training, any part of
which occurred during the period
beginning February 1, 1955, and ending
October 14, 1976;
(5) During the period beginning
August 2, 1990, and ending January 2,
1992; or
(6) For more than 180 consecutive
days, other than for training, any part of
which occurred during the period
beginning September 11, 2001, and
ending on August 31, 2010, the last day
of Operation Iraqi Freedom.
(b) Disabled Veteran means a person
who has been discharged or released
from active duty in the armed forces
under honorable conditions performed
at any time, or who has a certification
as defined in paragraph (h) of this
section, and who has established the
present existence of a service-connected
disability or is receiving compensation,
disability retirement benefits, or a
pension because of a statute
administered by the Department of
Veterans Affairs or a military
department.
(c) Sole survivor veteran means a
person who was discharged or released
from a period of active duty after August
29, 2008, by reason of a sole
survivorship discharge (as that term is
defined in 10 U.S.C. 1174(i)), and who
meets the definition of a ‘‘veteran’’ in
paragraph (a) of this section, with the
exception that he or she is not required
to meet any of the length of service
requirements prescribed by paragraph
(a).
(d) Preference eligible means a
veteran, disabled veteran, sole survivor
veteran, spouse, widow, widower, or
mother who meets the definition of
‘‘preference eligible’’ in 5 U.S.C. 2108.
(1) Preference eligibles other than sole
survivor veterans are entitled to have 5
or 10 points added to their earned score
VerDate Sep<11>2014
18:05 Dec 24, 2014
Jkt 235001
on a civil service examination in
accordance with 5 U.S.C. 3309.
(2) Under numerical ranking and
selection procedures for competitive
service hiring, preference eligibles are
entered on registers in in the order
prescribed by section 332.401 of this
chapter.
(3) Under excepted service examining
procedures in part 302 of this chapter,
preference eligibles are listed ahead of
persons with the same ratings who are
not preference eligibles, or listed ahead
of non-preference eligibles if numerical
scores have not been assigned.
(4) Under alternative raking and
selection procedures, i.e., category
rating, preference eligibles are listed
ahead of individuals who are not
preference eligibles in accordance with
5 U.S.C. 3319.
(5) Preference eligibles, other than
those who have not yet been discharged
or released from active duty, are
accorded a higher retention standing
than non-preference eligibles in the
event of a reduction in force in
accordance with 5 U.S.C. 3502.
(6) Veterans’ preference does not
apply, however, to inservice placement
actions such as promotions.
(e) Armed forces means the United
States Army, Navy, Air Force, Marine
Corps, and Coast Guard.
(f) Active duty or active military duty:
(1) For veterans defined in paragraphs
(a)(1) through (3) and disabled veterans
defined in paragraph (b) of this section,
means active duty with military pay and
allowances in the armed forces, and
includes training, determining physical
fitness, and service in the Reserves or
National Guard; and
(2) For veterans defined in paragraphs
(a)(4) through (6) of this section, means
full-time duty with military pay and
allowances in the armed forces, and
does not include training, determining
physical fitness, or service in the
Reserves or National Guard.
(g) Discharged or released from active
duty means with either an honorable or
general discharge from active duty in
the armed forces. The Departments of
Defense is responsible for administering
and defining military discharges.
(h) Certification means any written
document from the armed forces that
certifies the service member is expected
to be discharged or released from active
duty service in the armed forces under
honorable conditions not later than 120
days after the date the certification is
submitted for consideration in the
hiring process, at the time and in the
manner prescribed by the applicable job
opportunity announcement. Prior to
appointment, the service member’s
character of service and qualifying
PO 00000
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discharge or release must be verified
through a DD form 214 or equivalent
documentation.
§ 211.103
Administration of preference.
Agencies are responsible for making
all preference determinations except for
preference based on a common law
marriage. Such a claim must be referred
to OPM’s General Counsel for decision.
[FR Doc. 2014–30295 Filed 12–24–14; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 37
RIN 1601–AA74
[Docket No. DHS–2006–0030]
Minimum Standards for Driver’s
Licenses and Identification Cards
Acceptable by Federal Agencies for
Official Purposes
Office of the Secretary, DHS.
ACTION: Final rule.
AGENCY:
Pursuant to REAL ID
regulations, beginning December 1,
2014, federal agencies may not accept
State-issued driver’s licenses or
identification cards for official purposes
from individuals born after December 1,
1964, unless the license or card is REAL
ID-compliant and was issued by a
compliant State as determined by DHS.
Also, beginning December 1, 2017,
federal agencies may not accept driver’s
licenses or identification cards for
official purposes from any individual
unless the card is REAL ID-compliant
and was issued by a compliant State as
determined by DHS. This final rule
changes both document enrollment
dates to October 1, 2020. Nothing in this
rule affects the prohibition against
federal agencies accepting for official
purposes licenses and identification
cards issued by noncompliant States,
pursuant to the REAL ID Act and in
accordance to the phased enforcement
schedule.
SUMMARY:
Effective on December 29, 2014.
Ted
Sobel, Director, Office of State-Issued
Identification Support, Screening
Coordination Office, Department of
Homeland Security, Washington, DC
20528, (202) 282–9570.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\29DER1.SGM
29DER1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations
I. Background
The REAL ID Act of 2005 1 (the Act)
prohibits federal agencies, effective May
11, 2008, from accepting a state-issued
driver’s license or identification card for
any official purpose unless the license
or card is issued by a State that meets
the requirements set forth in the Act.
Official purpose as defined in the Act
includes accessing federal facilities,
boarding federally regulated commercial
aircraft, entering nuclear power plants,
and any other purpose as determined by
the Secretary of Homeland Security. Id.
at § 201(3). Section 205(b) of the Act,
however, authorizes the Secretary of
Homeland Security to grant extensions
of time for States 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 full compliance date from
May 11, 2008, to May 11, 2011. See 6
CFR 37.51(a). Since promulgation of the
final rule, States have made significant
progress towards securing their
document issuance and productions
processes in accordance with the
standards set forth in the REAL ID Act.
DHS has worked closely with the States
to assist with implementation and has
provided states with more than $263
million in grants since fiscal year 2008.
Notwithstanding the States’ significant
progress in meeting the requirements of
the Act, many States continued to
experience difficulties in satisfying all
the requirements, especially in light of
diminished budgets during the
economic downturn. Because of this,
DHS believed that additional time was
warranted and, in March 2011, DHS
changed the full compliance deadline to
January 15, 2013. See 76 FR 12269.
In December 2012, DHS began issuing
compliance determinations to States
submitting certification materials; DHS
also announced that DHS would enforce
the Act through a phased approach and,
in the fall of 2013, released its phased
enforcement schedule. Phased
enforcement ensures that REAL ID can
be implemented in a strategic manner,
taking into account the progress made
by the States. Phased enforcement also
provides DHS with an opportunity to
evaluate the effects of enforcement in a
measured way that can help inform the
development and implementation of
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 Sep<11>2014
18:05 Dec 24, 2014
Jkt 235001
future phases as more States continue to
work to come into full compliance. In
order to inform the pathway to full
enforcement, DHS plans to conduct an
evaluation in 2015 to assess the effects
of phased enforcement and States’
progress in meeting the standards. This
approach also can assist federal agencies
in applying lessons learned as they
consider future access control strategies.
II. Document Enrollment Periods
The REAL ID regulations include
document enrollment dates after which
time Federal agencies are prohibited
from accepting for official purposes
driver’s licenses or identification cards
from certain individuals, depending on
their age, unless those documents are
REAL ID-compliant and issued by a
fully compliant State. The current
regulatory text provides that, beginning
December 1, 2014, federal agencies may
not, for official federal purposes, accept
any driver’s licenses or identification
cards from individuals born after
December 1, 1964, unless such
document is a REAL ID-compliant
license or card issued by a State
determined by DHS to be in full
compliance. Furthermore, on or after
December 1, 2017, federal agencies may
not, for official federal purposes, accept
a driver’s license or identification card
from any individual unless such
document is a REAL ID-compliant
license or card issued by a compliant
State. See 6 CFR 37.5(b) and (c); 6 CFR
37.27.
With this rule, DHS is changing these
document enrollment dates. Without the
change, large portions of individuals
from REAL ID-compliant jurisdictions
would either need to renew their
licenses before the end of this year or
risk not being able to use them for
official federal purposes beginning
December 1, 2014. This is because
although these individuals may hold
licenses from compliant States, those
licenses may have been issued prior to
State compliance and, therefore, the
document itself may not have been
issued in accordance with REAL ID
standards. Furthermore, the December
1, 2014, and December 1, 2017,
document enrollment dates may
complicate DHS’s enforcement plan and
diminish DHS’s opportunity to
reasonably evaluate the effects of the
various enforcement phases.
Additionally, to enforce the December
1, 2014, document enrollment date
would require compliant States to
significantly accelerate their license
issuance processes to accommodate
large numbers of residents seeking to
renew their licenses by December 2014.
Enforcing the date also could result in
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77837
these individuals seeking to obtain an
alternative acceptable document to
establish identity for official federal
purposes. Because of these significant
operational and cost burdens on both
compliant states and their residents,
DHS believes there is adequate
justification to stay the document
enrollment dates.
Thus, the Secretary of Homeland
Security, under the authority granted
under section 205(b) of the Act, is
changing both document enrollment
dates to October 1, 2020. Under the
REAL ID Act, the maximum validity
period for driver’s licenses and
identification cards may not exceed
eight years. The new October 1, 2020
document enrollment date represents
nearly a full eight-year enrollment cycle
from the January 15, 2013 full
compliance date and should give
residents of compliant states sufficient
time to obtain licenses that satisfy the
REAL ID standards, which presumably
they will do in accordance with their
normal renewal schedule. DHS also is
establishing a single document
enforcement date, as opposed to a bifurcated approach based on a person’s
age, to accommodate the phased
enforcement schedule and to simplify
the implementation process for federal
agencies’ access control personnel.
Nothing in this rule affects the
prohibition against federal agencies
accepting licenses and identification
cards issued by noncompliant States,
pursuant to the REAL ID Act and in
accordance to the phased enforcement
schedule. DHS believes this rule
balances the security objective of
improving the reliability of
identification documents presented for
official purposes with the operational
and cost burdens on compliant States
and their residents.
III. 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).
Throughout REAL ID’s
implementation, DHS has engaged in
extensive, ongoing discussions with the
States regarding their ability to comply
with the REAL ID Act and regulations.
Based in part on those communications,
DHS believes that phased enforcement
offers States the best ability to obtain
full compliance with REAL ID. As DHS
is currently implementing phased
E:\FR\FM\29DER1.SGM
29DER1
77838
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
enforcement, DHS believes it is contrary
to the public interest to retain and
enforce the document enrollment dates
as REAL ID-compliant States would
experience additional burdens by
requiring the accelerated issuance of
REAL ID-compliant driver’s licenses
and identification cards. Furthermore,
to seek public comment prior to
changing the age-based document
enrollment dates is impracticable, given
that such comments could not be
received and acted upon prior to
December 1, 2014, when the Federal
government would decline to accept all
legacy licenses and cards issued before
a State became compliant held by
individuals born after December 1,
1964.
Based on the above, DHS finds that
notice and comment rulemaking in this
instance would be impracticable,
unnecessary, and contrary to the public
interest. For the same reason, DHS finds
good cause to make this rule effective
immediately upon publication in the
Federal Register. See 5 U.S.C. 553(d)(3).
In addition, because this final rule
relieves a restriction, and because
compliant States will be able to renew
driver’s licenses and identification cards
in accordance with their normal
processes, States will now have more
time to ensure that the documents they
issue meet the security requirements of
the REAL ID Act, there is good cause to
make this rule effective immediately
upon publication in the Federal
Register.
B. Executive Order 13563 and Executive
Order 12866
This rule constitutes a ‘‘significant
regulatory action’’ under Executive
Order 12866, as supplemented by
Executive Order 13563, and therefore
has been reviewed by the Office of
Management and Budget (OMB).
Executive Order 12866 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.
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18:05 Dec 24, 2014
Jkt 235001
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
government 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.
See 5 U.S.C. 603, 604.
Distribution, or Use.’’ DHS has
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.
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).
For the reasons set forth above, the
Department of Homeland Security
amends 6 CFR part 37 as follows:
E. Executive Order 12132 (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
these 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 section 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.
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
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.
2. In § 37.5, remove paragraph (b),
redesignate paragraph (c) as paragraph
(b), redesignate paragraph (d) as
paragraph (c), and revise redesignated
paragraph (b) to read as follows:
■
§ 37.5 Validity periods and deadlines for
REAL ID driver’s licenses and identification
cards.
*
*
*
*
*
(b) On or after October 1, 2020,
Federal agencies shall not accept a
driver’s license or identification card for
official purposes from any individual
unless such license or card is a REAL
ID-compliant driver’s license or
identification card issued by a State that
has been determined by DHS to be in
full compliance as defined under this
subpart.
*
*
*
*
*
§ 37.27
[Amended]
3. In § 37.27, remove the last two
sentences.
■
Jeh Charles Johnson,
Secretary.
[FR Doc. 2014–30082 Filed 12–24–14; 8:45 am]
BILLING CODE P
H. Executive Order 13211 (Energy
Impact Analysis)
DHS has analyzed this rule under
Executive Order 13211, ‘‘Actions
Concerning Regulations that
Significantly Affect Energy Supply
PO 00000
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]]>Agencies
[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77836-77838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30082]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 37
RIN 1601-AA74
[Docket No. DHS-2006-0030]
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.
-----------------------------------------------------------------------
SUMMARY: Pursuant to REAL ID regulations, beginning December 1, 2014,
federal agencies may not accept State-issued driver's licenses or
identification cards for official purposes from individuals born after
December 1, 1964, unless the license or card is REAL ID-compliant and
was issued by a compliant State as determined by DHS. Also, beginning
December 1, 2017, federal agencies may not accept driver's licenses or
identification cards for official purposes from any individual unless
the card is REAL ID-compliant and was issued by a compliant State as
determined by DHS. This final rule changes both document enrollment
dates to October 1, 2020. Nothing in this rule affects the prohibition
against federal agencies accepting for official purposes licenses and
identification cards issued by noncompliant States, pursuant to the
REAL ID Act and in accordance to the phased enforcement schedule.
DATES: Effective on December 29, 2014.
FOR FURTHER INFORMATION CONTACT: Ted Sobel, Director, Office of State-
Issued Identification Support, Screening Coordination Office,
Department of Homeland Security, Washington, DC 20528, (202) 282-9570.
SUPPLEMENTARY INFORMATION:
[[Page 77837]]
I. Background
The REAL ID Act of 2005 \1\ (the Act) prohibits federal agencies,
effective May 11, 2008, from accepting a state-issued driver's license
or identification card for any official purpose unless the license or
card is issued by a State that meets the requirements set forth in the
Act. Official purpose as defined in the Act includes accessing federal
facilities, boarding federally regulated commercial aircraft, entering
nuclear power plants, and any other purpose as determined by the
Secretary of Homeland Security. Id. at Sec. 201(3). Section 205(b) of
the Act, however, authorizes the Secretary of Homeland Security to
grant extensions of time for States 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 full compliance date from May 11, 2008, to May 11,
2011. See 6 CFR 37.51(a). Since promulgation of the final rule, States
have made significant progress towards securing their document issuance
and productions processes in accordance with the standards set forth in
the REAL ID Act. DHS has worked closely with the States to assist with
implementation and has provided states with more than $263 million in
grants since fiscal year 2008. Notwithstanding the States' significant
progress in meeting the requirements of the Act, many States continued
to experience difficulties in satisfying all the requirements,
especially in light of diminished budgets during the economic downturn.
Because of this, DHS believed that additional time was warranted and,
in March 2011, DHS changed the full compliance deadline to January 15,
2013. See 76 FR 12269.
In December 2012, DHS began issuing compliance determinations to
States submitting certification materials; DHS also announced that DHS
would enforce the Act through a phased approach and, in the fall of
2013, released its phased enforcement schedule. Phased enforcement
ensures that REAL ID can be implemented in a strategic manner, taking
into account the progress made by the States. Phased enforcement also
provides DHS with an opportunity to evaluate the effects of enforcement
in a measured way that can help inform the development and
implementation of future phases as more States continue to work to come
into full compliance. In order to inform the pathway to full
enforcement, DHS plans to conduct an evaluation in 2015 to assess the
effects of phased enforcement and States' progress in meeting the
standards. This approach also can assist federal agencies in applying
lessons learned as they consider future access control strategies.
II. Document Enrollment Periods
The REAL ID regulations include document enrollment dates after
which time Federal agencies are prohibited from accepting for official
purposes driver's licenses or identification cards from certain
individuals, depending on their age, unless those documents are REAL
ID-compliant and issued by a fully compliant State. The current
regulatory text provides that, beginning December 1, 2014, federal
agencies may not, for official federal purposes, accept any driver's
licenses or identification cards from individuals born after December
1, 1964, unless such document is a REAL ID-compliant license or card
issued by a State determined by DHS to be in full compliance.
Furthermore, on or after December 1, 2017, federal agencies may not,
for official federal purposes, accept a driver's license or
identification card from any individual unless such document is a REAL
ID-compliant license or card issued by a compliant State. See 6 CFR
37.5(b) and (c); 6 CFR 37.27.
With this rule, DHS is changing these document enrollment dates.
Without the change, large portions of individuals from REAL ID-
compliant jurisdictions would either need to renew their licenses
before the end of this year or risk not being able to use them for
official federal purposes beginning December 1, 2014. This is because
although these individuals may hold licenses from compliant States,
those licenses may have been issued prior to State compliance and,
therefore, the document itself may not have been issued in accordance
with REAL ID standards. Furthermore, the December 1, 2014, and December
1, 2017, document enrollment dates may complicate DHS's enforcement
plan and diminish DHS's opportunity to reasonably evaluate the effects
of the various enforcement phases.
Additionally, to enforce the December 1, 2014, document enrollment
date would require compliant States to significantly accelerate their
license issuance processes to accommodate large numbers of residents
seeking to renew their licenses by December 2014. Enforcing the date
also could result in these individuals seeking to obtain an alternative
acceptable document to establish identity for official federal
purposes. Because of these significant operational and cost burdens on
both compliant states and their residents, DHS believes there is
adequate justification to stay the document enrollment dates.
Thus, the Secretary of Homeland Security, under the authority
granted under section 205(b) of the Act, is changing both document
enrollment dates to October 1, 2020. Under the REAL ID Act, the maximum
validity period for driver's licenses and identification cards may not
exceed eight years. The new October 1, 2020 document enrollment date
represents nearly a full eight-year enrollment cycle from the January
15, 2013 full compliance date and should give residents of compliant
states sufficient time to obtain licenses that satisfy the REAL ID
standards, which presumably they will do in accordance with their
normal renewal schedule. DHS also is establishing a single document
enforcement date, as opposed to a bi-furcated approach based on a
person's age, to accommodate the phased enforcement schedule and to
simplify the implementation process for federal agencies' access
control personnel. Nothing in this rule affects the prohibition against
federal agencies accepting licenses and identification cards issued by
noncompliant States, pursuant to the REAL ID Act and in accordance to
the phased enforcement schedule. DHS believes this rule balances the
security objective of improving the reliability of identification
documents presented for official purposes with the operational and cost
burdens on compliant States and their residents.
III. 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).
Throughout REAL ID's implementation, DHS has engaged in extensive,
ongoing discussions with the States regarding their ability to comply
with the REAL ID Act and regulations. Based in part on those
communications, DHS believes that phased enforcement offers States the
best ability to obtain full compliance with REAL ID. As DHS is
currently implementing phased
[[Page 77838]]
enforcement, DHS believes it is contrary to the public interest to
retain and enforce the document enrollment dates as REAL ID-compliant
States would experience additional burdens by requiring the accelerated
issuance of REAL ID-compliant driver's licenses and identification
cards. Furthermore, to seek public comment prior to changing the age-
based document enrollment dates is impracticable, given that such
comments could not be received and acted upon prior to December 1,
2014, when the Federal government would decline to accept all legacy
licenses and cards issued before a State became compliant held by
individuals born after December 1, 1964.
Based on the above, DHS finds that notice and comment rulemaking in
this instance would be impracticable, unnecessary, and contrary to the
public interest. For the same reason, DHS finds good cause to make this
rule effective immediately upon publication in the Federal Register.
See 5 U.S.C. 553(d)(3). In addition, because this final rule relieves a
restriction, and because compliant States will be able to renew
driver's licenses and identification cards in accordance with their
normal processes, States will now have more time to ensure that the
documents they issue meet the security requirements of the REAL ID Act,
there is good cause to make this rule effective immediately upon
publication in the Federal Register.
B. Executive Order 13563 and Executive Order 12866
This rule constitutes a ``significant regulatory action'' under
Executive Order 12866, as supplemented by Executive Order 13563, and
therefore has been reviewed by the Office of Management and Budget
(OMB). Executive Order 12866 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.
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 government
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. See 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 12132 (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 these 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 section 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)
DHS has analyzed this rule under Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply
Distribution, or Use.'' DHS has 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
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.
0
2. In Sec. 37.5, remove paragraph (b), redesignate paragraph (c) as
paragraph (b), redesignate paragraph (d) as paragraph (c), and revise
redesignated paragraph (b) to read as follows:
Sec. 37.5 Validity periods and deadlines for REAL ID driver's
licenses and identification cards.
* * * * *
(b) On or after October 1, 2020, Federal agencies shall not accept
a driver's license or identification card for official purposes from
any individual unless such license or card is a REAL ID-compliant
driver's license or identification card issued by a State that has been
determined by DHS to be in full compliance as defined under this
subpart.
* * * * *
Sec. 37.27 [Amended]
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3. In Sec. 37.27, remove the last two sentences.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2014-30082 Filed 12-24-14; 8:45 am]
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