Public Meeting and Extension of Comment Period on Request for Information: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Mobile Driver's Licenses, 31987-31989 [2021-12616]
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31987
Proposed Rules
Federal Register
Vol. 86, No. 114
Wednesday, June 16, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
6 CFR Part 37
[Docket No. DHS–2020–0028]
Public Meeting and Extension of
Comment Period on Request for
Information: Minimum Standards for
Driver’s Licenses and Identification
Cards Acceptable by Federal Agencies
for Official Purposes; Mobile Driver’s
Licenses
Office of Strategy, Policy and
Plans, Department of Homeland
Security (DHS).
ACTION: Notification of public meeting
and request for comments; extension of
comment period.
AGENCY:
On April 19, 2021, the
Department of Homeland Security
(DHS) published a request for
information (RFI) soliciting comments
from the public to help inform a
potential rulemaking that would amend
DHS regulations to set the minimum
technical requirements and security
standards for mobile or digital driver’s
licenses/identification cards
(collectively ‘‘mobile driver’s licenses’’
or ‘‘mDLs’’) to enable federal agencies to
accept mDLs for official purposes under
the REAL ID Act and regulation. In
advance of the closing date for
comments submitted in response to the
RFI, DHS will hold a virtual public
meeting on June 30, 2021, to answer
questions regarding the RFI and to
provide an additional forum for
comments by stakeholders and other
interested persons regarding the issues
identified in the RFI. DHS is also
extending the comment period for the
RFI by 42 calendar days to provide an
additional period for comments to be
submitted after the public meeting.
DATES: Virtual public meeting: The
virtual public meeting will be held on
Tuesday, June 30, 2021, from 10:00 a.m.
to 1:00 p.m. (EDT). Requests to attend
the meeting and request for
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SUMMARY:
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accommodations for a disability must be
received by June 25, 2021.
Comments on request for information:
The comment period on the RFI is
extended by 42 days, from June 18,
2021, to July 30, 2021.
ADDRESSES: The virtual public meeting
requires pre-registration. To register,
interested persons must visit the
following website: https://
app.smartsheet.com/b/form/
1a98299bbeeb4e6f988ede29f36d222b
and provide the required information.
Virtual attendance information will be
provided after registration. Participants
and persons unable to join the meeting
may submit comments electronically
through the Federal eRulemaking portal
at https://www.regulations.gov. Use the
Search bar to find the docket, using
docket number DHS–2020–0028. See
SUPPLEMENTARY INFORMATION for format
and other information about comment
submissions.
FOR FURTHER INFORMATION CONTACT:
Steve Yonkers, Director, REAL ID
Program, Office of Strategy, Policy, and
Plans, United States Department of
Homeland Security, Washington, DC
20528, Steve.Yonkers@hq.dhs.gov, (202)
447–3274, or George Petersen, Senior
Program Manager, Enrollment Services
and Vetting Programs, Transportation
Security Administration, Springfield,
VA 20598, George.Petersen@tsa.dhs.gov,
(571) 227–2215. Please do not submit
comments to these addresses.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
DHS invites interested persons to
comment on the RFI by submitting
written comments, data, or views. See
ADDRESSES above for information on
where to submit comments. Except as
stated below, all comments received
may be posted without change to https://
www.regulations.gov, including any
personal information you have
provided.
Commenter Instructions
DHS continues to invite comments on
any aspect of RFI through the extended
comment period, and welcomes any
additional comments and information
that would promote an understanding of
the broader implications of acceptance
of mobile or digital driver’s licenses by
Federal agencies for official purposes.
This request includes comments relating
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Sfmt 4702
to the economic, privacy, security,
environmental, energy, or federalism
impacts that might result from a future
rulemaking based on input received as
a result of the RFI. In addition, DHS
included specific questions in the RFI
immediately following the discussion of
the relevant issues. See Section IV of the
RFI at 86 FR 20325–26. DHS asks that
each commenter include the identifying
number of the specific question(s) to
which they are responding. Each
comment should also explain the
commenter’s interest in the RFI and
how their comments should inform
DHS’s consideration of the relevant
issues.
DHS asks that commenters provide as
much information as possible, including
any supporting research, evidence, or
data. In some areas, DHS requests very
specific information. Whenever
possible, please provide citations and
copies of any relevant studies or reports
on which you rely, as well as any
additional data which supports your
comment. It is also helpful to explain
the basis and reasoning underlying your
comment. Although responses to all
questions are preferable, DHS
recognizes that providing detailed
comments on every question could be
burdensome and will consider all
comments, regardless of whether the
response is complete.
Handling of Confidential or Proprietary
Information and SSI Submitted in
Public Comments
Do not submit comments that include
trade secrets, confidential business
information, or sensitive security
information 1 (SSI) to the public
regulatory docket. Please submit such
comments separately from other
comments on the RFI. Commenters
submitting this type of information
should contact the individual in the FOR
FURTHER INFORMATION CONTACT section
for specific instructions.
DHS will not place comments
containing SSI, confidential business
information, or trade secrets in the
public docket and will handle them in
accordance with applicable safeguards
1 ‘‘Sensitive Security Information’’ or ‘‘SSI’’ is
information obtained or developed in the conduct
of security activities, the disclosure of which would
constitute an unwarranted invasion of privacy,
reveal trade secrets or privileged or confidential
information, or be detrimental to the security of
transportation. The protection of SSI is governed by
49 CFR part 1520.
E:\FR\FM\16JNP1.SGM
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31988
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Proposed Rules
and restrictions on access. DHS will
hold documents containing SSI,
confidential business information, or
trade secrets in a separate file to which
the public does not have access and
place a note in the public docket
explaining that commenters have
submitted such documents. DHS may
include a redacted version of the
comment in the public docket. If an
individual requests to examine or copy
information that is not in the public
docket, DHS will treat it as any other
request under the Freedom of
Information Act (FOIA) (5 U.S.C. 552)
and DHS’s FOIA regulation found in 6
CFR part 5.
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Background
The REAL ID Act of 2005 and the
DHS implementing regulation set
minimum requirements for state-issued
driver’s licenses and identification cards
accepted by federal agencies for official
purposes, which the Act defines as
accessing federal facilities, boarding
federally regulated commercial aircraft,
entering nuclear power plants, and any
other purposes that the Secretary shall
determine.2 The REAL ID
Modernization Act, enacted in
December 2020, clarifies that the REAL
ID Act applies to mobile or digital
driver’s licenses that have been issued
in accordance with regulations
prescribed by the Secretary.3
On April 19, 2021, DHS published an
RFI to solicit comments from the public
to help inform a potential rulemaking
that would amend 6 CFR part 37 to set
the minimum technical requirements
and security standards for mDLs to
enable federal agencies to accept mDLs
for official purposes under the REAL ID
Act and regulation.4 On April 27, 2021,
DHS announced a 19-month extension
of the REAL ID Act full enforcement
date due to circumstances resulting
from the COVID–19 pandemic.5
Beginning on May 3, 2023, federal
agencies may only accept driver’s
2 The REAL ID Act of 2005—Title II of division
B of the FY05 Emergency Supplemental
Appropriations Act, as amended, Public Law 109–
13, 49 U.S.C. 30301 note; REAL ID Driver’s Licenses
and Identification Cards, 6 CFR part 37.
3 REAL ID Modernization Act, Title X, Div. U of
the Consolidated Appropriations Act, 2021, Public
Law 116–260 (Dec. 27, 2020).
4 See ‘‘Minimum Standards for Driver’s Licenses
and Identification Cards Acceptable by Federal
Agencies for Official Purposes; Mobile Driver’s
Licenses’’ (86 FR 20320).
5 Press Release, DHS Announces Extension of
REAL ID Full Enforcement Deadline (April 27,
2021), available at: https://www.dhs.gov/real-id/
news/2021/04/27/dhs-announces-extension-real-idfull-enforcement-deadline. On May 3, 2021, DHS
published an Interim Final Rule to amend the
deadlines in 6 CFR 37.5 to effectuate the extension.
See 86 FR 23237 (May 3, 2021).
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17:00 Jun 15, 2021
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licenses and state-issued identification
documents for official purposes that are
REAL ID-compliant and issued by a
REAL ID compliant state.6
Specific Issues for Discussion
The RFI lists several issues for which
DHS seeks information and comment.7
At the public meeting, DHS seeks to
focus on several key areas in particular
that DHS must explore with respect to
a potential rulemaking to amend the
REAL ID regulation. The comments at
the meeting need not be limited to these
issues, and DHS invites comments on
other aspects of mDLs. The key issues
are:
(1) Security risks arising from the use
of mDLs by federal agencies for official
purposes, solutions to mitigate such
risks, and digital security features to
provide security that enable mDLs to
provide security that is commensurate
to that of physical security features for
physical driver’s licenses.
(2) Privacy concerns arising from mDL
transactions, and digital security
features to protect the privacy of
information submitted in mDL
transactions.
(3) Concerns arising from the
adoption, in a proposed regulation, of
certain requirements set forth in
industry standard ISO/IEC 18013–5;
proposals to address issues that are
important to mDL transactional security
but that are not included, undefined, or
ambiguous in the standard, which if
addressed by a federal regulatory
framework, would improve
interoperability and security; initial and
ongoing costs to a stakeholder to
implement this standard.
(4) Digital security features and other
protocols to enable secure provisioning
of mDLs; estimated costs for a state
Department of Motor Vehicles (DMV) to
implement in-person or remote
provisioning
(5) Advantages and disadvantages of
mobile device hardware- and softwarebased security architecture to store mDL
data on a mobile device.
(6) Proposals regarding appropriate
periods for mDLs to synchronize with
their issuing database; estimated costs
for a stakeholder to implement such
synchronization periods
(7) The appropriateness of Public Key
Infrastructure to provide the level of
privacy and security sufficient to
implement a secure and trusted
operating environment; estimated costs
for a DMV or Federal agency to
implement necessary IT security
infrastructure.
6 See 6 CFR 37.5(b) and (c), as amended by 86 FR
at 23240.
7 See 86 FR at 20325–26.
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(8) Estimated costs and savings, to an
individual to obtain an mDL, including
time and effort required to obtain an
mDL, and fees charged by a DMV.
For more information on the mDLs
and the issues for which DHS solicits
comments, please see the RFI.8
Participation at the Meeting
Due to the limits of the virtual
platform, meeting capacity is limited,
and slots will be filled on a first-come,
first served basis. Members of the public
interested in attending must register no
later than June 25, 2021. When
registration is confirmed, registrants
will be provided the virtual meeting
information/teleconference call-in
number and passcode. Registrants are
responsible for paying associated costs
(long-distance charges, cell phone fees,
internet connectivity) for participation.
The meeting is expected to begin at
10:00 a.m. and end by 1:00 p.m. (EDT).
Following an introduction by DHS,
members of the public will be invited to
ask clarifying questions or present their
views.
Anyone wishing to present an oral
statement must indicate their request in
their registration. DHS will schedule
these requests on a first come, first
served basis to the extent permitted by
time. All participants may address
statements, questions, comments during
the virtual meeting’s specified ‘‘open
floor’’ times, in the order they present
themselves to the moderator. To
accommodate as many questions as
possible, the amount of time allocated to
each speaker may be limited by DHS.
Public Meeting Procedures
DHS will use the following
procedures to facilitate the meeting:
(1) There will be no admission fee or
other charge to attend or to participate
in the meeting. The meeting will be
open to all persons who are registered.
DHS will make every effort to
accommodate all persons who wish to
participate, but admission will be
subject to virtual meeting capacity
constraints. The meeting may adjourn
early if DHS determines it is
appropriate, e.g., scheduled
presentations are complete and there
appear to be no remaining questions
from meeting participants.
(2) An individual, whether speaking
in a personal or a representative
capacity on behalf of an organization,
will be limited to a 5-minute statement
and scheduled on a first-come, firstserved basis.
(3) Any speaker prevented by time
constraints from speaking will be
8 86
E:\FR\FM\16JNP1.SGM
FR at 20325–26.
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Proposed Rules
encouraged to submit written remarks to
the docket, which will be made part of
the record.
(4) For information on services for
individuals with disabilities or to
request technical assistance at the
meeting, please email
DHSMeetingSupport@icf.com by June
25, 2021.
(5) Representatives of DHS will
preside over the meeting.
(6) The meeting will be recorded by
a court reporter. The transcript will be
made available at www.regulations.gov.
Any person who is interested in
purchasing a copy of the transcript
should contact the court reporter
directly.
(7) Statements made by DHS
representatives are intended to facilitate
discussion of the issues or to clarify
issues. Any statement made during the
meeting by a DHS representative is not
intended to be, and should not be
construed as, DHS’s official position.
(8) The meeting is designed to invite
public views and gather additional
information. No individual will be
subject to cross-examination by any
other participant; however, DHS
representatives may ask questions to
clarify a statement.
Kelli Ann Burriesci,
Acting Under Secretary, Office of Strategy,
Policy, and Plans, United States Department
of Homeland Security.
[FR Doc. 2021–12616 Filed 6–15–21; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0501; Project
Identifier MCAI–2021–00168–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2019–20–10, which applies to certain
Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; Model A320–211, –212, –214,
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
AD 2019–20–10 requires repetitive
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SUMMARY:
VerDate Sep<11>2014
17:00 Jun 15, 2021
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rototest inspections of the holes at the
door stop fittings for any cracking, and
corrective actions if necessary. Since the
FAA issued AD 2019–20–10, a
clarification of a certain compliance
time for the rototest inspection was
added. This proposed AD would clarify
a certain compliance time and continue
to require repetitive rototest inspections
of the holes at the door stop fittings for
any cracking, and repair if necessary, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
The FAA must receive comments
on this proposed AD by August 2, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material that will be incorporated
by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Airworthiness Products Section,
Operational Safety 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 in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0501.
DATES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0501; 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 NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
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31989
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223; email
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0501; Project Identifier
MCAI–2021–00168–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this proposed
AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Sanjay Ralhan,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax
206–231–3223; email Sanjay.Ralhan@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
E:\FR\FM\16JNP1.SGM
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Agencies
[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Proposed Rules]
[Pages 31987-31989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12616]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 /
Proposed Rules
[[Page 31987]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 37
[Docket No. DHS-2020-0028]
Public Meeting and Extension of Comment Period on Request for
Information: Minimum Standards for Driver's Licenses and Identification
Cards Acceptable by Federal Agencies for Official Purposes; Mobile
Driver's Licenses
AGENCY: Office of Strategy, Policy and Plans, Department of Homeland
Security (DHS).
ACTION: Notification of public meeting and request for comments;
extension of comment period.
-----------------------------------------------------------------------
SUMMARY: On April 19, 2021, the Department of Homeland Security (DHS)
published a request for information (RFI) soliciting comments from the
public to help inform a potential rulemaking that would amend DHS
regulations to set the minimum technical requirements and security
standards for mobile or digital driver's licenses/identification cards
(collectively ``mobile driver's licenses'' or ``mDLs'') to enable
federal agencies to accept mDLs for official purposes under the REAL ID
Act and regulation. In advance of the closing date for comments
submitted in response to the RFI, DHS will hold a virtual public
meeting on June 30, 2021, to answer questions regarding the RFI and to
provide an additional forum for comments by stakeholders and other
interested persons regarding the issues identified in the RFI. DHS is
also extending the comment period for the RFI by 42 calendar days to
provide an additional period for comments to be submitted after the
public meeting.
DATES: Virtual public meeting: The virtual public meeting will be held
on Tuesday, June 30, 2021, from 10:00 a.m. to 1:00 p.m. (EDT). Requests
to attend the meeting and request for accommodations for a disability
must be received by June 25, 2021.
Comments on request for information: The comment period on the RFI
is extended by 42 days, from June 18, 2021, to July 30, 2021.
ADDRESSES: The virtual public meeting requires pre-registration. To
register, interested persons must visit the following website: https://app.smartsheet.com/b/form/1a98299bbeeb4e6f988ede29f36d222b and provide
the required information. Virtual attendance information will be
provided after registration. Participants and persons unable to join
the meeting may submit comments electronically through the Federal
eRulemaking portal at https://www.regulations.gov. Use the Search bar to
find the docket, using docket number DHS-2020-0028. See SUPPLEMENTARY
INFORMATION for format and other information about comment submissions.
FOR FURTHER INFORMATION CONTACT: Steve Yonkers, Director, REAL ID
Program, Office of Strategy, Policy, and Plans, United States
Department of Homeland Security, Washington, DC 20528,
[email protected], (202) 447-3274, or George Petersen, Senior
Program Manager, Enrollment Services and Vetting Programs,
Transportation Security Administration, Springfield, VA 20598,
[email protected], (571) 227-2215. Please do not submit
comments to these addresses.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
DHS invites interested persons to comment on the RFI by submitting
written comments, data, or views. See ADDRESSES above for information
on where to submit comments. Except as stated below, all comments
received may be posted without change to https://www.regulations.gov,
including any personal information you have provided.
Commenter Instructions
DHS continues to invite comments on any aspect of RFI through the
extended comment period, and welcomes any additional comments and
information that would promote an understanding of the broader
implications of acceptance of mobile or digital driver's licenses by
Federal agencies for official purposes. This request includes comments
relating to the economic, privacy, security, environmental, energy, or
federalism impacts that might result from a future rulemaking based on
input received as a result of the RFI. In addition, DHS included
specific questions in the RFI immediately following the discussion of
the relevant issues. See Section IV of the RFI at 86 FR 20325-26. DHS
asks that each commenter include the identifying number of the specific
question(s) to which they are responding. Each comment should also
explain the commenter's interest in the RFI and how their comments
should inform DHS's consideration of the relevant issues.
DHS asks that commenters provide as much information as possible,
including any supporting research, evidence, or data. In some areas,
DHS requests very specific information. Whenever possible, please
provide citations and copies of any relevant studies or reports on
which you rely, as well as any additional data which supports your
comment. It is also helpful to explain the basis and reasoning
underlying your comment. Although responses to all questions are
preferable, DHS recognizes that providing detailed comments on every
question could be burdensome and will consider all comments, regardless
of whether the response is complete.
Handling of Confidential or Proprietary Information and SSI Submitted
in Public Comments
Do not submit comments that include trade secrets, confidential
business information, or sensitive security information \1\ (SSI) to
the public regulatory docket. Please submit such comments separately
from other comments on the RFI. Commenters submitting this type of
information should contact the individual in the FOR FURTHER
INFORMATION CONTACT section for specific instructions.
---------------------------------------------------------------------------
\1\ ``Sensitive Security Information'' or ``SSI'' is information
obtained or developed in the conduct of security activities, the
disclosure of which would constitute an unwarranted invasion of
privacy, reveal trade secrets or privileged or confidential
information, or be detrimental to the security of transportation.
The protection of SSI is governed by 49 CFR part 1520.
---------------------------------------------------------------------------
DHS will not place comments containing SSI, confidential business
information, or trade secrets in the public docket and will handle them
in accordance with applicable safeguards
[[Page 31988]]
and restrictions on access. DHS will hold documents containing SSI,
confidential business information, or trade secrets in a separate file
to which the public does not have access and place a note in the public
docket explaining that commenters have submitted such documents. DHS
may include a redacted version of the comment in the public docket. If
an individual requests to examine or copy information that is not in
the public docket, DHS will treat it as any other request under the
Freedom of Information Act (FOIA) (5 U.S.C. 552) and DHS's FOIA
regulation found in 6 CFR part 5.
Background
The REAL ID Act of 2005 and the DHS implementing regulation set
minimum requirements for state-issued driver's licenses and
identification cards accepted by federal agencies for official
purposes, which the Act defines as accessing federal facilities,
boarding federally regulated commercial aircraft, entering nuclear
power plants, and any other purposes that the Secretary shall
determine.\2\ The REAL ID Modernization Act, enacted in December 2020,
clarifies that the REAL ID Act applies to mobile or digital driver's
licenses that have been issued in accordance with regulations
prescribed by the Secretary.\3\
---------------------------------------------------------------------------
\2\ The REAL ID Act of 2005--Title II of division B of the FY05
Emergency Supplemental Appropriations Act, as amended, Public Law
109- 13, 49 U.S.C. 30301 note; REAL ID Driver's Licenses and
Identification Cards, 6 CFR part 37.
\3\ REAL ID Modernization Act, Title X, Div. U of the
Consolidated Appropriations Act, 2021, Public Law 116-260 (Dec. 27,
2020).
---------------------------------------------------------------------------
On April 19, 2021, DHS published an RFI to solicit comments from
the public to help inform a potential rulemaking that would amend 6 CFR
part 37 to set the minimum technical requirements and security
standards for mDLs to enable federal agencies to accept mDLs for
official purposes under the REAL ID Act and regulation.\4\ On April 27,
2021, DHS announced a 19-month extension of the REAL ID Act full
enforcement date due to circumstances resulting from the COVID-19
pandemic.\5\ Beginning on May 3, 2023, federal agencies may only accept
driver's licenses and state-issued identification documents for
official purposes that are REAL ID-compliant and issued by a REAL ID
compliant state.\6\
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\4\ See ``Minimum Standards for Driver's Licenses and
Identification Cards Acceptable by Federal Agencies for Official
Purposes; Mobile Driver's Licenses'' (86 FR 20320).
\5\ Press Release, DHS Announces Extension of REAL ID Full
Enforcement Deadline (April 27, 2021), available at: https://www.dhs.gov/real-id/news/2021/04/27/dhs-announces-extension-real-id-full-enforcement-deadline. On May 3, 2021, DHS published an Interim
Final Rule to amend the deadlines in 6 CFR 37.5 to effectuate the
extension. See 86 FR 23237 (May 3, 2021).
\6\ See 6 CFR 37.5(b) and (c), as amended by 86 FR at 23240.
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Specific Issues for Discussion
The RFI lists several issues for which DHS seeks information and
comment.\7\ At the public meeting, DHS seeks to focus on several key
areas in particular that DHS must explore with respect to a potential
rulemaking to amend the REAL ID regulation. The comments at the meeting
need not be limited to these issues, and DHS invites comments on other
aspects of mDLs. The key issues are:
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\7\ See 86 FR at 20325-26.
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(1) Security risks arising from the use of mDLs by federal agencies
for official purposes, solutions to mitigate such risks, and digital
security features to provide security that enable mDLs to provide
security that is commensurate to that of physical security features for
physical driver's licenses.
(2) Privacy concerns arising from mDL transactions, and digital
security features to protect the privacy of information submitted in
mDL transactions.
(3) Concerns arising from the adoption, in a proposed regulation,
of certain requirements set forth in industry standard ISO/IEC 18013-5;
proposals to address issues that are important to mDL transactional
security but that are not included, undefined, or ambiguous in the
standard, which if addressed by a federal regulatory framework, would
improve interoperability and security; initial and ongoing costs to a
stakeholder to implement this standard.
(4) Digital security features and other protocols to enable secure
provisioning of mDLs; estimated costs for a state Department of Motor
Vehicles (DMV) to implement in-person or remote provisioning
(5) Advantages and disadvantages of mobile device hardware- and
software-based security architecture to store mDL data on a mobile
device.
(6) Proposals regarding appropriate periods for mDLs to synchronize
with their issuing database; estimated costs for a stakeholder to
implement such synchronization periods
(7) The appropriateness of Public Key Infrastructure to provide the
level of privacy and security sufficient to implement a secure and
trusted operating environment; estimated costs for a DMV or Federal
agency to implement necessary IT security infrastructure.
(8) Estimated costs and savings, to an individual to obtain an mDL,
including time and effort required to obtain an mDL, and fees charged
by a DMV.
For more information on the mDLs and the issues for which DHS
solicits comments, please see the RFI.\8\
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\8\ 86 FR at 20325-26.
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Participation at the Meeting
Due to the limits of the virtual platform, meeting capacity is
limited, and slots will be filled on a first-come, first served basis.
Members of the public interested in attending must register no later
than June 25, 2021. When registration is confirmed, registrants will be
provided the virtual meeting information/teleconference call-in number
and passcode. Registrants are responsible for paying associated costs
(long-distance charges, cell phone fees, internet connectivity) for
participation.
The meeting is expected to begin at 10:00 a.m. and end by 1:00 p.m.
(EDT). Following an introduction by DHS, members of the public will be
invited to ask clarifying questions or present their views.
Anyone wishing to present an oral statement must indicate their
request in their registration. DHS will schedule these requests on a
first come, first served basis to the extent permitted by time. All
participants may address statements, questions, comments during the
virtual meeting's specified ``open floor'' times, in the order they
present themselves to the moderator. To accommodate as many questions
as possible, the amount of time allocated to each speaker may be
limited by DHS.
Public Meeting Procedures
DHS will use the following procedures to facilitate the meeting:
(1) There will be no admission fee or other charge to attend or to
participate in the meeting. The meeting will be open to all persons who
are registered. DHS will make every effort to accommodate all persons
who wish to participate, but admission will be subject to virtual
meeting capacity constraints. The meeting may adjourn early if DHS
determines it is appropriate, e.g., scheduled presentations are
complete and there appear to be no remaining questions from meeting
participants.
(2) An individual, whether speaking in a personal or a
representative capacity on behalf of an organization, will be limited
to a 5-minute statement and scheduled on a first-come, first-served
basis.
(3) Any speaker prevented by time constraints from speaking will be
[[Page 31989]]
encouraged to submit written remarks to the docket, which will be made
part of the record.
(4) For information on services for individuals with disabilities
or to request technical assistance at the meeting, please email
[email protected] by June 25, 2021.
(5) Representatives of DHS will preside over the meeting.
(6) The meeting will be recorded by a court reporter. The
transcript will be made available at www.regulations.gov. Any person
who is interested in purchasing a copy of the transcript should contact
the court reporter directly.
(7) Statements made by DHS representatives are intended to
facilitate discussion of the issues or to clarify issues. Any statement
made during the meeting by a DHS representative is not intended to be,
and should not be construed as, DHS's official position.
(8) The meeting is designed to invite public views and gather
additional information. No individual will be subject to cross-
examination by any other participant; however, DHS representatives may
ask questions to clarify a statement.
Kelli Ann Burriesci,
Acting Under Secretary, Office of Strategy, Policy, and Plans, United
States Department of Homeland Security.
[FR Doc. 2021-12616 Filed 6-15-21; 8:45 am]
BILLING CODE 9110-9M-P