Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Implementation of the REAL ID Act Modification for Freely Associated States Act, 46423-46426 [2019-19023]
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Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Rules and Regulations
subpart to the spousal notification
requirement within 90 days of the date
the withdrawal form is processed by the
TSP, to show that the spouse has
consented to a different total or partial
withdrawal election or installment
payment change and waived the right to
this annuity with respect to the
applicable amount, the participant must
submit to the TSP record keeper a
properly completed withdrawal request
form, signed by his or her spouse in the
presence of a notary. If the TSP granted
the participant an exception to the
signature requirement, the participant
should enclose a copy of the TSP’s
approval letter with the withdrawal
form.
(5) The spouse’s consent and waiver
is irrevocable for the applicable
withdrawal or installment payment
change once the TSP record keeper has
received it.
■ 20. Amend § 1650.62 by revising
paragraphs (b) and (c) to read as follows:
§ 1650.62 Spousal rights applicable to inservice withdrawals.
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(b) Unless the participant was granted
an exception under this subpart to the
spousal notification requirement within
90 days of the date on which the
withdrawal request is processed by the
TSP, the spouse of a CSRS participant
is entitled to notice when the
participant applies for an in-service
withdrawal. If the TSP granted the
participant an exception to the notice
requirement, the participant should
enclose a copy of the TSP’s approval
letter with the withdrawal form. The
participant must provide the TSP record
keeper with the spouse’s correct
address. The TSP record keeper will
send the required notice by first class
mail to the spouse at the most recent
address provided by the participant.
(c) Unless the participant was granted
an exception under this subpart to the
signature requirement within 90 days of
the date the withdrawal form is
processed by the TSP, before obtaining
an in-service withdrawal, a participant
who is covered by FERS or who is a
member of the uniformed services must
obtain the consent of his or her spouse
and waiver of the spouse’s right to a
joint and survivor annuity described in
§ 1650.61(c) with respect to the
applicable amount. To show the
spouse’s consent and waiver, a
participant must submit to the TSP
record keeper a properly completed
withdrawal request form, signed by his
or her spouse in the presence of a
notary. Once a form containing the
spouse’s consent and waiver has been
submitted to the TSP record keeper, the
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spouse’s consent is irrevocable for that
withdrawal.
PART 1651—DEATH BENEFITS
21. The authority citation continues to
read as follows:
■
Authority: 5 U.S.C. 8424(d), 8432d, 8432(j),
8433(e), 8435(c)(2), 8474(b)(5) and 8474(c)(1).
22. Amend § 1651.1 in paragraph (b)
by adding in alphabetical order
definitions for ‘‘Required beginning
date’’ and ‘‘Required minimum
distribution’’ to read as follows:
■
§ 1651.1
Definitions.
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(b) * * *
Required beginning date means:
(1) The end of the calendar year
immediately following the calendar year
in which the participant died; or
(2) The end of the calendar year in
which the participant would have
attained age 701⁄2, whichever is later.
Required minimum distribution
means the amount required to be
distributed to a beneficiary participant
beginning on the required beginning
date and every year thereafter pursuant
to Internal Revenue Code section
401(a)(9) and the regulations
promulgated thereunder, as applicable.
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23. Amend § 1651.19 by revising
paragraph (c) to read as follows:
■
§ 1651.19 Beneficiary participant
accounts.
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(c) Required minimum distributions.
(1) A beneficiary participant must
receive required minimum distributions
from his or her beneficiary participant
account commencing no later than the
required beginning date and, for each
year thereafter, no later than December
31.
(2) A beneficiary participant may elect
to withdraw from his or her account or
to begin receiving payments before the
required beginning date, but is not
required to do so.
(3) In the event that a beneficiary
participant does not withdraw from his
or her beneficiary participant account
an amount sufficient to satisfy his or her
required minimum distribution for the
year, the TSP will automatically
distribute the necessary amount on or
before the applicable date described in
paragraph (c)(1) of this section.
(4) The TSP will disburse required
minimum distributions described in
paragraph (c)(3) of this section pro rata
from the beneficiary participant’s
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traditional balance and the beneficiary
participant’s Roth balance.
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[FR Doc. 2019–19029 Filed 9–3–19; 8:45 am]
BILLING CODE 6760–01–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 37
RIN 1601–AA91
Minimum Standards for Driver’s
Licenses and Identification Cards
Acceptable by Federal Agencies for
Official Purposes; Implementation of
the REAL ID Act Modification for Freely
Associated States Act
Office of the Secretary, DHS.
Final rule.
AGENCY:
ACTION:
This final rule implements
the REAL ID Act Modification for Freely
Associated States Act by amending the
regulatory definition of ‘‘temporary
lawful status.’’ With this change,
citizens of the Freely Associated States
residing in the United States are eligible
for full-term REAL ID licenses and
identification cards, provided they
satisfy the other requirements of the
REAL ID Act and regulations.
DATES: Effective September 4, 2019.
FOR FURTHER INFORMATION CONTACT:
Steve Yonkers, Director, Identity and
Credentialing/REAL ID Program, U.S.
Department of Homeland Security
Office of Policy, Strategy, and Plans,
Washington, DC 20528, (202) 447–3274.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The REAL ID Act of 2005 1 and its
implementing Department of Homeland
Security (DHS) regulations 2 authorize
REAL ID compliant states to issue
temporary or limited-term REAL ID
compliant driver’s licenses and
identification cards to certain
nonimmigrant aliens who satisfy other
REAL ID eligibility requirements. These
temporary driver’s licenses or
identification cards cannot be issued
with a validity period longer than the
alien’s authorized period of stay in the
United States or, if there is no definite
end to the period of authorized stay, a
period of one year.3
1 Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami
Relief, 2005, Public Law 109–13, 119 Stat. 231, 302,
Div. B (codified at 49 U.S.C. 30301 note).
2 6 CFR part 37.
3 REAL ID Act § 202(c)(2)(c)(ii); 6 CFR 37.21(b)(1).
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Under the Compacts of Free
Association between the United States
and the Republic of the Marshall
Islands, the Federated States of
Micronesia, and the Republic of Palau
(collectively referred to as the Freely
Associated States, or FAS), citizens of
the Freely Associated States are eligible
to be admitted to the United States as
nonimmigrants without a visa, and live
and work in the United States
indefinitely.4 Because FAS citizens are
authorized to have an indefinite period
of authorized stay in the United States
(known as ‘‘duration of status’’ or ‘‘D/
S’’)—but FAS citizens are not U.S.
citizens—States that issue temporary
driver’s licenses or identification cards
to FAS citizens generally subject those
FAS citizens’ driver’s licenses or
identification cards to the one-year
temporary license limitation. FAS
citizens who present a USCIS Form I–
766 Employment Authorization
Document (EAD) to establish identity
may obtain a REAL ID compliant
driver’s license or identification card
with a validity period as long as the
validity period of the EAD, which in the
case of FAS citizens is up to five years.
The REAL ID Act Modification for
Freely Associated States Act, Public
Law 115–323, signed into law on
December 17, 2018, addresses this issue
by amending the REAL ID Act to
authorize states to issue to FAS citizens
residing indefinitely in the United
States full-term REAL ID driver’s
licenses or identification cards.5 This
final rule updates the REAL ID
regulations to reflect this statutory
change by amending the regulatory
definition of ‘‘temporary lawful status’’
to specifically exclude individuals
admitted as nonimmigrants under the
Compacts of Free Association between
the United States and the Republic of
the Marshall Islands, the Federated
States of Micronesia, and the Republic
of Palau. With this change, citizens of
the Freely Associated States residing in
the United States are eligible for fullterm REAL ID driver’s licenses and
identification cards, provided they
4 See Public Law 108–188 (48 U.S.C. 1921 note)
(Republic of the Marshall Islands and Federated
States of Micronesia); Public Law 99–658 (48 U.S.C.
1931 and 1931 note) (Palau).
5 The REAL ID Act Modification for Freely
Associated States Act, Public Law 115–323, sec.
2(b). In addition to authorizing states to issue FAS
citizens full-term REAL ID licenses and
identification cards, the Act amended the REAL ID
definition of ‘‘state’’ by striking the reference to the
‘‘Trust Territory of the Pacific Islands’’ which no
longer exists. As DHS regulations already correctly
do not include the Trust Territory of the Pacific
Islands in the definition of ‘‘State,’’ no change to the
regulations is necessary to reflect that amendment.
See 6 CFR 37.3.
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satisfy the other requirements of the
REAL ID Act and regulations.
II. The REAL ID Act Modification for
Freely Associated States Act
The REAL ID Act prohibits federal
agencies 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 REAL
ID Act.6 Under Section 201(3) of the
REAL ID Act, official purpose as defined
in the REAL ID 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. Section 202(c) of
the REAL ID Act requires an applicant
for a driver’s license or identification
card to present, and for the State to
verify, documentation and information
evidencing the applicant’s identity, date
of birth, social security number or
verification that the person is not
eligible for a social security number,
address of principal residence, and U.S.
citizenship or lawful status. Id. Certain
aliens including those who are in a
valid nonimmigrant status, who have
pending applications for asylum, who
have pending or approved applications
for temporary protected status, who
have approved deferred action status, or
who have pending applications for
adjustment to permanent residence or
conditional permanent residence, may
only receive a temporary REAL ID
driver’s license or identification card.
Id. Temporary driver’s licenses or
identification cards can be valid either
until the expiration of the applicant’s
authorized stay in the United States or,
if there is no definite end to the period
of authorized stay, a period of one year.
Id.
The Compacts of Free Association
permit citizens of the Freely Associated
States to be admitted as nonimmigrants
to the United States without a visa and
to live and work in the United States
indefinitely. Because the Compacts of
Free Association do not establish a
specific time period for admission or
duration of stay in the United States,
under current regulations FAS citizens
residing in the United States can be
eligible for a temporary REAL ID
driver’s license or identification card
that is valid only for one year, although
as described above, the validity period
can be as long as an EAD validity period
of up to five years. According to the
6 The Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005, Public Law 109–13, 119 Stat.
231, 302, Div. B (codified at 49 U.S.C. 30301 note).
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legislative history accompanying the
REAL ID Act Modification for Freely
Associated States Act, the inability to
acquire full-term licenses impacts
certain opportunities for FAS citizens
including opportunities for jobs,
housing, transportation, and education,
notwithstanding the fact that these
individuals may reside in the United
States for lengthy periods.7
To address this issue, the REAL ID
Act Modification for Freely Associated
States Act amends the REAL ID Act to
authorize States to issue REAL ID
driver’s licenses or identification cards
to citizens of the Republic of the
Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau
who are admitted to the United States
as nonimmigrants under the Compacts
of Free Association, for the maximum
period of validity authorized by Section
202(d) of the REAL ID Act, which is up
to eight years. This final rule updates
the REAL ID regulation to reflect this
statutory change. Specifically, this final
rule amends the definition of
‘‘temporary lawful status’’ at 6 CFR 37.3
to specifically exclude individuals
admitted as nonimmigrants under the
Compacts of Free Association between
the United States and the Republic of
the Marshall Islands, the Federated
States of Micronesia, and the Republic
of Palau.8 As a result, these individuals
are no longer subject to 6 CFR 37.21,
prescribing requirements for temporary
or limited-term licenses and
identification cards for those with
temporary lawful status. Therefore,
these individuals are eligible to receive
full-term REAL ID licenses and
identification cards, provided they
satisfy the other REAL ID requirements
including requirements to present
documentation establishing identity,
date of birth, social security number,
address of principal residence, and
lawful status.9
7 H.R.
Rep. No. 115–945, at 2 (2018).
is not necessary to amend the definition of
‘‘lawful status’’ in 6 CFR 37.3, because that
definition already includes an alien ‘‘who has a
valid nonimmigrant status in the United States,’’
which includes (but is not limited to)
nonimmigrants admitted under the Compacts of
Free Association.
9 See 6 CFR 37.11. Note that an FAS passport with
Form I–94, but no visa, is not acceptable evidence
of identity under the REAL ID regulations. Id. at
§ 37.11(c)(1). The immigration document available
to FAS nonimmigrants admitted under the
Compacts of Free Association that is acceptable
evidence of identity for REAL ID Act purposes is
the unexpired employment authorization document
(EAD). Id. at § 37.11(c)(1)(v).
8 It
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III. Regulatory Analyses
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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). DHS
finds that notice and comment
rulemaking in this instance is
impracticable, unnecessary, and
contrary to the public interest. The
amendment to the REAL ID regulation
made by this final rule implements the
REAL ID Act Modification for Freely
Associated States Act by authorizing
States to issue full-term REAL ID
licenses or identification to FAS
citizens. The amendment conforms the
regulations to the statute and does not
alter other REAL ID requirements
necessary for citizens of the Freely
Associated States to obtain REAL ID
driver’s licenses or identification cards,
including requirements to present
documentation establishing identity,
date of birth, social security number,
address of principal residence, and
lawful status. FAS citizens seeking to
obtain a full-term driver’s license or
identification card must still satisfy
these and other REAL ID requirements.
Additionally, because the bill was
signed into law, citizens of the Republic
of the Marshall Islands, the Federated
States of Micronesia, and the Republic
of Palau residing in the United States
will likely seek to start immediately
obtaining full-term State driver’s
licenses and identification cards. 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 reasons, DHS also finds
good cause to make this rule effective
immediately upon publication in the
Federal Register. See 5 U.S.C. 553(d)(3).
B. Executive Orders 12866, 13563, and
13771
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,
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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.
Executive Order 13771 on Reducing
Regulation and Controlling Regulatory
Costs directs agencies to reduce
regulation and control regulatory costs
and provides that for every one new
regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.
This rule does not constitute a
‘‘significant regulatory action’’ under
Executive Order 12866, as
supplemented by Executive Order
13563, and therefore does not require
review by the Office of Management and
Budget (OMB). As this rule is not a
significant regulatory action it is not
subject to the requirements of Executive
Order 13771.
As previously discussed, citizens of
the FAS residing in the United States
are eligible for a temporary driver’s
license under the REAL ID Act. This
rule will allow citizens of the FAS
residing in the United States to be
eligible for full-term REAL ID licenses
and identification cards. These full-term
licenses could last up to eight years.
FAS citizens should benefit from this
rule. The inability to acquire full-term
licenses impacts certain opportunities
for FAS citizens including opportunities
for jobs, housing, transportation, and
education, notwithstanding the fact that
these individuals may reside in the
United States for lengthy periods.10
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).
10 H.R.
PO 00000
Rep. No. 115–945, at 2 (2018).
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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 to 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:
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Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Rules and Regulations
Discussion
DEPARTMENT OF TRANSPORTATION
found cracked. This new AD requires,
depending on airplane configuration,
replacing the vertical stiffeners at LBL
and RBL 6.15 on the rear spar of the
wing center section, installing angle and
bonding jumpers, installing brackets,
applying sealant, and applying paint.
This AD was prompted by reports of
cracks found in the left and right side
keel beam upper chords when replacing
vertical stiffeners. This AD was also
prompted by possible degradation of the
fault current bonding path that could
introduce an ignition source in the fuel
tank in the event of a fault current being
imparted onto the fuel tank structure.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective October 9,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 9, 2019.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet
https://www.myboeingfleet.com. You
may view this service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0187.
Federal Aviation Administration
Examining the AD Docket
The FAA gave the public the
opportunity to participate in developing
this AD. The following presents the
comments received on the NPRM and
the FAA’s response to each comment.
The FAA received one comment that
was outside the scope of this
rulemaking.
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 § 37.3, revise the definition of
‘‘Temporary lawful status’’ to read as
follows:
■
§ 37.3
Definitions.
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Temporary lawful status: A person in
temporary lawful status is a person who:
Has a valid nonimmigrant status in the
United States (other than a person
admitted as a nonimmigrant under the
Compacts of Free Association between
the United States and the Republic of
the Marshall Islands, the Federated
States of Micronesia, or the Republic of
Palau); has a pending application for
asylum in the United States; has a
pending or approved application for
temporary protected status (TPS) in the
United States; has approved deferred
action status; or has a pending
application for LPR or conditional
permanent resident status.
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David Pekoske,
Senior Official Performing the Duties of the
Deputy Secretary.
[FR Doc. 2019–19023 Filed 9–3–19; 8:45 am]
BILLING CODE P
14 CFR Part 39
[Docket No. FAA–2019–0187; Product
Identifier 2018–NM–172–AD; Amendment
39–19715; AD 2019–16–12]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2005–20–
01, which applied to all The Boeing
Company Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes.
AD 2005–20–01 required repetitive
inspections of the vertical stiffeners at
left buttock line (LBL) and right buttock
line (RBL) 6.15 for cracks; and
replacement of both stiffeners with new,
improved stiffeners if any stiffener is
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SUMMARY:
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You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0187; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Peter Jarzomb, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5234; fax: 562–627–
5210; email: Peter.Jarzomb@faa.gov.
SUPPLEMENTARY INFORMATION:
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The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2005–20–01,
Amendment 39–14294 (70 FR 56358,
September 27, 2005) (‘‘AD 2005–20–
01’’). AD 2005–20–01 applied to all The
Boeing Company Model 737–100, –200,
–200C, –300, –400, and –500 series
airplanes. The NPRM published in the
Federal Register on April 1, 2019 (84 FR
12143). The NPRM was prompted by
reports of cracks found in the left and
right side keel beam upper chords when
replacing vertical stiffeners. In addition,
the FAA has determined that the
replacement stiffener installation
degraded the fault current bonding path
that could introduce an ignition source
in the fuel tank in the event of fault
current being imparted onto the fuel
tank structure. The NPRM proposed to
require, depending on airplane
configuration, replacing the vertical
stiffeners at LBL and RBL 6.15 on the
rear spar of the wing center section,
installing angle and bonding jumpers,
installing brackets, applying sealant,
and applying paint. The FAA is issuing
this AD to address cracks in vertical
stiffeners at LBL and RBL 6.15, which
could result in damage to the keel beam
structure and consequently reduce the
capability of the airplane to sustain
flight loads. The FAA is also issuing this
AD to address a potential ignition
source in the fuel tank due to
insufficient bonding, which could lead
to a fuel tank explosion and subsequent
loss of the airplane.
Comments
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing Supplemental Type
Certificate (STC) ST01219SE does not
affect compliance with the proposed
actions.
The FAA concurs with the
commenter. The FAA has redesignated
paragraph (c) of the proposed AD as
paragraph (c)(1) of this AD and added
paragraph (c)(2) to this AD to state that
installation of STC ST01219SE does not
affect the ability to accomplish the
actions required by this AD. Therefore,
for airplanes on which STC ST01219SE
is installed, a ‘‘change in product’’
E:\FR\FM\04SER1.SGM
04SER1
]]>Agencies
[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Rules and Regulations]
[Pages 46423-46426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19023]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 37
RIN 1601-AA91
Minimum Standards for Driver's Licenses and Identification Cards
Acceptable by Federal Agencies for Official Purposes; Implementation of
the REAL ID Act Modification for Freely Associated States Act
AGENCY: Office of the Secretary, DHS.
ACTION: Final rule.
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SUMMARY: This final rule implements the REAL ID Act Modification for
Freely Associated States Act by amending the regulatory definition of
``temporary lawful status.'' With this change, citizens of the Freely
Associated States residing in the United States are eligible for full-
term REAL ID licenses and identification cards, provided they satisfy
the other requirements of the REAL ID Act and regulations.
DATES: Effective September 4, 2019.
FOR FURTHER INFORMATION CONTACT: Steve Yonkers, Director, Identity and
Credentialing/REAL ID Program, U.S. Department of Homeland Security
Office of Policy, Strategy, and Plans, Washington, DC 20528, (202) 447-
3274.
SUPPLEMENTARY INFORMATION:
I. Background
The REAL ID Act of 2005 \1\ and its implementing Department of
Homeland Security (DHS) regulations \2\ authorize REAL ID compliant
states to issue temporary or limited-term REAL ID compliant driver's
licenses and identification cards to certain nonimmigrant aliens who
satisfy other REAL ID eligibility requirements. These temporary
driver's licenses or identification cards cannot be issued with a
validity period longer than the alien's authorized period of stay in
the United States or, if there is no definite end to the period of
authorized stay, a period of one year.\3\
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\1\ Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13,
119 Stat. 231, 302, Div. B (codified at 49 U.S.C. 30301 note).
\2\ 6 CFR part 37.
\3\ REAL ID Act Sec. 202(c)(2)(c)(ii); 6 CFR 37.21(b)(1).
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[[Page 46424]]
Under the Compacts of Free Association between the United States
and the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau (collectively referred to as the
Freely Associated States, or FAS), citizens of the Freely Associated
States are eligible to be admitted to the United States as
nonimmigrants without a visa, and live and work in the United States
indefinitely.\4\ Because FAS citizens are authorized to have an
indefinite period of authorized stay in the United States (known as
``duration of status'' or ``D/S'')--but FAS citizens are not U.S.
citizens--States that issue temporary driver's licenses or
identification cards to FAS citizens generally subject those FAS
citizens' driver's licenses or identification cards to the one-year
temporary license limitation. FAS citizens who present a USCIS Form I-
766 Employment Authorization Document (EAD) to establish identity may
obtain a REAL ID compliant driver's license or identification card with
a validity period as long as the validity period of the EAD, which in
the case of FAS citizens is up to five years.
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\4\ See Public Law 108-188 (48 U.S.C. 1921 note) (Republic of
the Marshall Islands and Federated States of Micronesia); Public Law
99-658 (48 U.S.C. 1931 and 1931 note) (Palau).
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The REAL ID Act Modification for Freely Associated States Act,
Public Law 115-323, signed into law on December 17, 2018, addresses
this issue by amending the REAL ID Act to authorize states to issue to
FAS citizens residing indefinitely in the United States full-term REAL
ID driver's licenses or identification cards.\5\ This final rule
updates the REAL ID regulations to reflect this statutory change by
amending the regulatory definition of ``temporary lawful status'' to
specifically exclude individuals admitted as nonimmigrants under the
Compacts of Free Association between the United States and the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau. With this change, citizens of the Freely Associated
States residing in the United States are eligible for full-term REAL ID
driver's licenses and identification cards, provided they satisfy the
other requirements of the REAL ID Act and regulations.
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\5\ The REAL ID Act Modification for Freely Associated States
Act, Public Law 115-323, sec. 2(b). In addition to authorizing
states to issue FAS citizens full-term REAL ID licenses and
identification cards, the Act amended the REAL ID definition of
``state'' by striking the reference to the ``Trust Territory of the
Pacific Islands'' which no longer exists. As DHS regulations already
correctly do not include the Trust Territory of the Pacific Islands
in the definition of ``State,'' no change to the regulations is
necessary to reflect that amendment. See 6 CFR 37.3.
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II. The REAL ID Act Modification for Freely Associated States Act
The REAL ID Act prohibits federal agencies 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 REAL ID Act.\6\ Under Section 201(3) of
the REAL ID Act, official purpose as defined in the REAL ID 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. Section
202(c) of the REAL ID Act requires an applicant for a driver's license
or identification card to present, and for the State to verify,
documentation and information evidencing the applicant's identity, date
of birth, social security number or verification that the person is not
eligible for a social security number, address of principal residence,
and U.S. citizenship or lawful status. Id. Certain aliens including
those who are in a valid nonimmigrant status, who have pending
applications for asylum, who have pending or approved applications for
temporary protected status, who have approved deferred action status,
or who have pending applications for adjustment to permanent residence
or conditional permanent residence, may only receive a temporary REAL
ID driver's license or identification card. Id. Temporary driver's
licenses or identification cards can be valid either until the
expiration of the applicant's authorized stay in the United States or,
if there is no definite end to the period of authorized stay, a period
of one year. Id.
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\6\ The Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-
13, 119 Stat. 231, 302, Div. B (codified at 49 U.S.C. 30301 note).
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The Compacts of Free Association permit citizens of the Freely
Associated States to be admitted as nonimmigrants to the United States
without a visa and to live and work in the United States indefinitely.
Because the Compacts of Free Association do not establish a specific
time period for admission or duration of stay in the United States,
under current regulations FAS citizens residing in the United States
can be eligible for a temporary REAL ID driver's license or
identification card that is valid only for one year, although as
described above, the validity period can be as long as an EAD validity
period of up to five years. According to the legislative history
accompanying the REAL ID Act Modification for Freely Associated States
Act, the inability to acquire full-term licenses impacts certain
opportunities for FAS citizens including opportunities for jobs,
housing, transportation, and education, notwithstanding the fact that
these individuals may reside in the United States for lengthy
periods.\7\
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\7\ H.R. Rep. No. 115-945, at 2 (2018).
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To address this issue, the REAL ID Act Modification for Freely
Associated States Act amends the REAL ID Act to authorize States to
issue REAL ID driver's licenses or identification cards to citizens of
the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau who are admitted to the United
States as nonimmigrants under the Compacts of Free Association, for the
maximum period of validity authorized by Section 202(d) of the REAL ID
Act, which is up to eight years. This final rule updates the REAL ID
regulation to reflect this statutory change. Specifically, this final
rule amends the definition of ``temporary lawful status'' at 6 CFR 37.3
to specifically exclude individuals admitted as nonimmigrants under the
Compacts of Free Association between the United States and the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau.\8\ As a result, these individuals are no longer
subject to 6 CFR 37.21, prescribing requirements for temporary or
limited-term licenses and identification cards for those with temporary
lawful status. Therefore, these individuals are eligible to receive
full-term REAL ID licenses and identification cards, provided they
satisfy the other REAL ID requirements including requirements to
present documentation establishing identity, date of birth, social
security number, address of principal residence, and lawful status.\9\
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\8\ It is not necessary to amend the definition of ``lawful
status'' in 6 CFR 37.3, because that definition already includes an
alien ``who has a valid nonimmigrant status in the United States,''
which includes (but is not limited to) nonimmigrants admitted under
the Compacts of Free Association.
\9\ See 6 CFR 37.11. Note that an FAS passport with Form I-94,
but no visa, is not acceptable evidence of identity under the REAL
ID regulations. Id. at Sec. 37.11(c)(1). The immigration document
available to FAS nonimmigrants admitted under the Compacts of Free
Association that is acceptable evidence of identity for REAL ID Act
purposes is the unexpired employment authorization document (EAD).
Id. at Sec. 37.11(c)(1)(v).
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[[Page 46425]]
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). DHS finds that notice and comment rulemaking in this
instance is impracticable, unnecessary, and contrary to the public
interest. The amendment to the REAL ID regulation made by this final
rule implements the REAL ID Act Modification for Freely Associated
States Act by authorizing States to issue full-term REAL ID licenses or
identification to FAS citizens. The amendment conforms the regulations
to the statute and does not alter other REAL ID requirements necessary
for citizens of the Freely Associated States to obtain REAL ID driver's
licenses or identification cards, including requirements to present
documentation establishing identity, date of birth, social security
number, address of principal residence, and lawful status. FAS citizens
seeking to obtain a full-term driver's license or identification card
must still satisfy these and other REAL ID requirements. Additionally,
because the bill was signed into law, citizens of the Republic of the
Marshall Islands, the Federated States of Micronesia, and the Republic
of Palau residing in the United States will likely seek to start
immediately obtaining full-term State driver's licenses and
identification cards. 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 reasons, DHS also finds good cause to make this rule
effective immediately upon publication in the Federal Register. See 5
U.S.C. 553(d)(3).
B. Executive Orders 12866, 13563, and 13771
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. Executive Order 13771
on Reducing Regulation and Controlling Regulatory Costs directs
agencies to reduce regulation and control regulatory costs and provides
that for every one new regulation issued, at least two prior
regulations be identified for elimination, and that the cost of planned
regulations be prudently managed and controlled through a budgeting
process.
This rule does not constitute a ``significant regulatory action''
under Executive Order 12866, as supplemented by Executive Order 13563,
and therefore does not require review by the Office of Management and
Budget (OMB). As this rule is not a significant regulatory action it is
not subject to the requirements of Executive Order 13771.
As previously discussed, citizens of the FAS residing in the United
States are eligible for a temporary driver's license under the REAL ID
Act. This rule will allow citizens of the FAS residing in the United
States to be eligible for full-term REAL ID licenses and identification
cards. These full-term licenses could last up to eight years.
FAS citizens should benefit from this rule. The inability to
acquire full-term licenses impacts certain opportunities for FAS
citizens including opportunities for jobs, housing, transportation, and
education, notwithstanding the fact that these individuals may reside
in the United States for lengthy periods.\10\
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\10\ H.R. Rep. No. 115-945, at 2 (2018).
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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 to 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:
[[Page 46426]]
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. 37.3, revise the definition of ``Temporary lawful status''
to read as follows:
Sec. 37.3 Definitions.
* * * * *
Temporary lawful status: A person in temporary lawful status is a
person who: Has a valid nonimmigrant status in the United States (other
than a person admitted as a nonimmigrant under the Compacts of Free
Association between the United States and the Republic of the Marshall
Islands, the Federated States of Micronesia, or the Republic of Palau);
has a pending application for asylum in the United States; has a
pending or approved application for temporary protected status (TPS) in
the United States; has approved deferred action status; or has a
pending application for LPR or conditional permanent resident status.
* * * * *
David Pekoske,
Senior Official Performing the Duties of the Deputy Secretary.
[FR Doc. 2019-19023 Filed 9-3-19; 8:45 am]
BILLING CODE P
