Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Deadline for No Longer Accepting Non-Compliant Driver's Licenses and Identification Cards for Official Purposes |
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Kevin K. McAleenan
Department of Homeland Security
15 October 2019
[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Rules and Regulations]
[Pages 55017-55019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22325]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84 , No. 199 / Tuesday, October 15, 2019 /
Rules and Regulations
[[Page 55017]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 37
[Docket No. DHS-2006-0030]
RIN 1601-AA92
Minimum Standards for Driver's Licenses and Identification Cards
Acceptable by Federal Agencies for Official Purposes; Deadline for No
Longer Accepting Non-Compliant Driver's Licenses and Identification
Cards for Official Purposes
AGENCY: Office of Strategy, Policy and Plans, Department of Homeland
Security (DHS).
ACTION: Final rule.
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SUMMARY: This final rule amends the REAL ID regulation to clarify that
the October 1, 2020, deadline by which Federal agencies may no longer
accept non-compliant driver's licenses and identification cards for
official purposes applies to all non-compliant cards, including state-
issued driver's licenses and identification cards marked to indicate
that they may not be used for official Federal purposes. This
regulation is consistent with enforcement dates in previous DHS public
statements, information posted on the DHS website, and communication
with industry stakeholders.
DATES: Effective October 15, 2019.
FOR FURTHER INFORMATION CONTACT: Steve Yonkers, Director, Biometrics
and Credentialing/REAL ID Program, Department of Homeland Security,
Washington, DC 20528, telephone (202) 447-3274; email
Steve.Yonkers@hq.dhs.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Document
You may obtain an electronic copy of the rule using the internet
by--
(1) Searching the electronic Federal Docket Management System
(FDMS) web page at http://www.regulations.gov; or
(2) Accessing the Government Publishing Office's web page at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR to view
the daily published Federal Register edition; or accessing the ``Search
the Federal Register by Citation'' in the ``Related Resources'' column
on the left, if you need to do a Simple or Advanced search for
information, such as a type of document that crosses multiple agencies
or dates.
In addition, copies are available by writing or calling the
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
identify the docket number of this rulemaking.
I. Background
The REAL ID Act (the Act) sets minimum security requirements for
the issuance and production of State and territory driver's licenses
and identification cards in order for Federal agencies to accept these
documents for official purposes.\1\ Official purposes include: (1)
Accessing Federal facilities; (2) boarding federally-regulated
commercial aircraft; (3) entering nuclear power plants; and (4) any
other purposes that the Secretary of Homeland Security shall
determine.\2\
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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 (May 11, 2005) (codified at 49 U.S.C. 30301
note).
\2\ Id.
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On January 29, 2008, DHS published a final rule implementing the
Act's requirements.\3\ The regulation includes both a State compliance
deadline and a schedule describing when individuals must obtain a
compliant driver's license or identification card in order to use that
card for official purposes.\4\ DHS refers to these two deadlines as
``state-based'' and ``card-based'' enforcement, respectively.\5\
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\3\ Minimum Standards for Driver's Licenses and Identification
Cards Acceptable by Federal Agencies for Official Purposes; Final
Rule, 73 FR 5272 (Jan. 29, 2008); codified at 6 CFR part 37 (2008
Final Rule). DHS subsequently issued four other Final Rules amending
the regulation, including changes to compliance deadlines and state
extension submission dates. See 74 FR 49308 (Sep. 28, 2009), 74 FR
68477 (Dec. 28, 2009) (Final Rule, stay), 76 FR 12269 (Mar. 7,
2011), 79 FR 77836 (Dec. 29, 2014). In addition to Final Rules, DHS
also published an Information Collection Request in the Federal
Register in 2016. See 81 FR 8736 (Feb. 22, 2016).
\4\ See id. at Sec. Sec. 37.5(b), 37.51(a). See 79 FR 77836
(Dec. 29, 2014).
\5\ See https://www.dhs.gov/federal-enforcement.
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For state-based enforcement, the regulation prohibits Federal
agencies from accepting cards issued by States and territories that are
not compliant with the REAL ID standards.\6\ DHS incrementally enforced
this regulatory deadline through a Phased Enforcement Schedule.\7\ This
phased schedule included initial enforcement at DHS headquarters,
followed by Federal facilities and nuclear power plants.\8\ The final
phase of the enforcement schedule, applicable to individuals boarding
federally-regulated commercial aircraft, began January 22, 2018.\9\
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\6\ See 6 CFR 37.51(a).
\7\ See DHS Releases Phased Enforcement Schedule for REAL ID,
available at https://www.dhs.gov/news/2013/12/20/dhs-releases-phased-enforcement-schedule-real-id.
\8\ Id.
\9\ See Statement By Secretary Jeh C. Johnson on the Final Phase
of REAL ID Act Implementation, available at https://www.dhs.gov/news/2016/01/08/statement-secretary-jeh-c-johnson-final-phase-real-id-act-implementation.
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Card-based enforcement begins October 1, 2020, pursuant to the
regulation.\10\ On and after this date, Federal agencies are prohibited
from accepting for official purposes a state or territory issued
driver's license or identification card unless the card is compliant
with the REAL ID Act and regulation.\11\ This deadline applies to all
cards used for official purposes under the REAL ID Act and
regulation.\12\
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\10\ 6 CFR 37.5(b).
\11\ Id.
\12\ Id. at Sec. 37.3.
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II. Non-Compliant Cards--Enforcement Deadline
Under the REAL ID Act and regulation, once a State is REAL ID
compliant, the State is permitted to continue issuing both compliant
and non-compliant cards to residents.\13\ The non-compliant cards,
however, must be ``marked'' to clearly distinguish both on their face
and in the card's machine readable zone that they are not acceptable by
Federal agencies for official purposes.\14\ DHS approved several
variations of this non-compliant marking, including, '' Not For REAL ID
Purposes,'' ``Not Valid for Federal Identification,'' ``Not Valid for
Federal
[[Page 55018]]
Official Purposes,'' ``Not Acceptable for Federal Purposes,'' ``Not for
Federal Identification,'' and ``Federal Limits Apply.'' The non-
compliant ``marked'' cards must also have a unique design or color that
clearly distinguishes them from the State's REAL ID compliant driver's
licenses and identification cards.\15\
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\13\ REAL ID Act, sec. 202(d)(11); 6 CFR 37.5, 37.71.
\14\ Id.
\15\ 6 CFR 37.71.
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The REAL ID regulation provides that beginning October 1, 2020,
Federal agencies may only accept for official purposes State or
territory-issued licenses and identification cards if those licenses
and cards are REAL ID compliant.\16\ Although the regulation also notes
that Federal agencies will not accept non-compliant ``marked'' cards
for official purposes, it does not reiterate the October 1, 2020,
deadline.\17\ This final rule clarifies that Federal agencies may no
longer accept non-compliant marked cards beginning October 1, 2020.
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\16\ Id. at Sec. 37.5(b). In addition to state or territory-
issued driver's licenses and identification cards, agencies may
accept other forms of identification (for example, a passport),
pursuant to their own policies. Individuals should consult in
advance with agencies they plan on visiting to obtain information
regarding identification requirements.
\17\ See id. at Sec. 37.5(c), ``Federal agencies cannot accept
for official purpose driver's licenses and identification cards
issued under Sec. 37.71 of this rule.''
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Many REAL ID compliant states offer both compliant and non-
compliant cards to their residents. Based on anecdotal information, DHS
believes that a significant number of individuals are obtaining non-
compliant ``marked'' cards instead of REAL ID compliant cards. Although
non-compliant ``marked'' cards may be valid for some uses, such as
driving, they will not be accepted by Federal agencies for official
purposes--including boarding federally-regulated commercial aircraft--
beginning October 1, 2020.
DHS is providing this clarification to avoid any potential public
confusion as the final REAL ID deadline for card-based enforcement
approaches. The clarification in this final rule is consistent with
DHS's previous public messaging of the regulation's enforcement dates.
For example, through press statements, website postings, and
stakeholder outreach, DHS explained that Federal agencies may continue
to accept all non-compliant cards issued by compliant states and
territories (or those with an extension) until October 1, 2020.\18\ The
Transportation Security Administration (TSA) also engaged in outreach
to stakeholders regarding compliance dates. This outreach included
updates during regular briefings for airports, air carriers, and
stakeholder groups such as Airports Council International-North
America, and the American Association of Airport Executives. In
addition, TSA posted REAL ID updates on the Homeland Security
Information Network), which is accessible by all regulated domestic
airports and air carriers. DHS is continuing efforts to raise awareness
with stakeholders and the public concerning the October 1, 2020,
deadline.
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\18\ See, e.g., Statement by Secretary Johnson, supra n. 9. See
also REAL ID Federal Enforcement, Frequently Asked Questions,
available at https://www.dhs.gov/federal-enforcement and https://www.dhs.gov/real-id-public-faqs.
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Some Federal agencies may decide not to accept non-compliant
``marked'' cards for access to their Federal facilities sooner than the
regulatory deadline pursuant to their own authorities and requirements.
For example, the U.S. Department of Defense (DoD) recently finalized an
update to its DoD-wide installation security policy that includes a
prohibition on the acceptance of non-compliant ``marked'' cards for
purposes of accessing its facilities and installations. Because Federal
agencies may only accept compliant State or territory-issued driver's
licenses and identification cards for official purposes beginning
October 1, 2020, no agency will be able to accept non-compliant cards,
including non-compliant ``marked'' cards for such purposes beginning on
that date.\19\
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\19\ In addition to licenses and identification cards that are
marked non-compliant in accordance with 6 CFR 37.71, licenses and
identification cards issued before a state's REAL ID compliance
determination and that were not issued in accordance with the REAL
ID standards (sometimes referred to as ``legacy'' cards) are also
noncompliant and will not be accepted for official purposes
beginning on October 1, 2020.
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Many individuals rely on their State or territory-issued driver's
license or identification card as identification to pass through TSA
airport security checkpoints. Beginning October 1, 2020, travelers
presenting a non-compliant State or territory-issued driver's license
or identification card to TSA will be asked to provide an acceptable
form of identification.\20\ If the traveler cannot produce an
acceptable form of identification or TSA cannot otherwise verify the
individual's identity, the individual will not be permitted through the
security checkpoint.
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\20\ TSA provides a list of identification currently acceptable
at the checkpoint on its website. See https://www.tsa.gov/travel/security-screening/identification.
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DHS encourages individuals to obtain REAL ID compliant cards as
soon as possible, particularly if they wish to use a State or territory
issued driver's license or identification card to board a federally-
regulated commercial aircraft, or for any other official Federal
purpose. DHS posted images of both compliant and non-compliant
``marked'' cards on its website, at https://www.dhs.gov/real-id#, to
assist individuals in determining whether their driver's license or
identification card is REAL ID compliant. A REAL ID compliant card
includes a compliance marking (which is a star on the upper portion of
the card). Non-compliant ``marked'' cards include one of several
warnings indicating that they are not acceptable for official purposes.
Individuals should check with their Department of Motor Vehicles to
learn how to obtain a REAL ID compliant license for the applicable
State or territory.
III. Regulatory Analysis
A. Administrative Procedure Act
DHS takes this action without prior notice and public comment and
with an effective date of less than 30 days after publication in the
Federal Register.
Sections 553(b) and (d) of the Administrative Procedure Act (5
U.S.C. 553) authorize agencies to dispense with certain notice
procedures for rules when they find ``good cause'' to do so. Under
section 553(b), the requirements of notice and opportunity for comment
do not apply when the agency for good cause finds that these procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
Section 553(d) allows an agency, upon finding good cause, to make a
rule effective immediately, thereby avoiding the 30-day delayed
effective date requirement in section 553.
This final rule is consistent with DHS's previous messaging
regarding the regulation's enforcement dates in public statements,
information posted on the DHS website, and communication with industry
stakeholders. In these communications, DHS explained that all non-
compliant cards issued by compliant states and territories (or those
with an extension) will be accepted until October 1, 2020. This final
rule does not change when individuals will need to obtain a compliant
driver's license or identification card. All individuals still have
until October 1, 2020, to obtain a compliant card for official
purposes, as defined by the Act and regulation. Given that this final
rule simply clarifies what is already widely communicated, and does not
change the date by which individuals may no longer use a non-compliant
``marked'' card, DHS assesses no additional burden to any party from
this final rule.
[[Page 55019]]
Based on the above, DHS finds that notice and public comment to
this final rule are impracticable, unnecessary, and contrary to the
public interest.
B. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.)
requires Federal agencies to consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulation. DHS determined that
this rule calls for no new collection of information under the PRA.
Information collection requirements associated with this final rule
previously have been approved by OMB and have been assigned OMB Number:
1601-0005.
As protection provided by the Paperwork Reduction Act, as amended,
an agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
C. Executive Orders 12866 and 13563 Assessment
Executive Orders 12866 and 13563 direct Federal agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
In conducting these analyses, DHS determined that this rule does
not constitute a ``significant regulatory action'' under Executive
Order 12866, as supplemented by Executive Order 13563. Therefore, OMB
has not reviewed this rule. DHS anticipates that the clarification of
the existing enforcement date in this final rule will not increase REAL
ID-related compliance costs to the affected agencies or to the public.
D. Regulatory Flexibility Act Assessment
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, does not make changes for which notice
and comment are necessary. Accordingly, DHS is not required to prepare
a regulatory flexibility analysis. See 5 U.S.C. 603, 604.
E. Executive Order 13132 (Federalism)
A rule has implications for federalism under Executive Order 13132
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. DHS analyzed this rule under this Order and
determined it does not have these implications for federalism.
F. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Unfunded Mandates Reform Act
addresses actions that may result in the expenditure by a State, local,
or Tribal government, in the aggregate, or by the private sector of
$100 million (adjusted for inflation) or more in any one year. This
final rule will not result in such an expenditure.
G. Executive Order 13175 (Tribal Consultation)
This rule does not have Tribal Implications under Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments,'' because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
H. Executive Order 13211 (Energy Impact Analysis)
DHS analyzed this rule under Executive Order 13211 and 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, 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.
Subpart A--General
0
2. Revise Sec. 37.5(c) to read as follows:
Sec. 37.5 Validity periods and deadlines for REAL ID driver's
licenses and identification cards.
* * * * *
(c) Until September 30, 2020, Federal agencies may accept for
official purposes a driver's license or identification card issued
under Sec. 37.71. On or after October 1, 2020, Federal agencies shall
not accept for official purposes a driver's license or identification
card issued under Sec. 37.71.
Kevin K. McAleenan,
Acting Secretary of Homeland Security.
[FR Doc. 2019-22325 Filed 10-11-19; 8:45 am]
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