[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49308-49309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23381]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 37
[Docket No. DHS-2006-0030]
RIN 1601-AA37
Minimum Standards for Driver's Licenses and Identification Cards
Acceptable by Federal Agencies for Official Purposes
AGENCY: Office of the Secretary, DHS.
ACTION: Final rule.
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SUMMARY: Pursuant to the Department of Homeland Security's REAL ID
regulations, States seeking an extension of the date by which they must
begin to comply with REAL ID requirements currently must submit a
request for extension by October 11, 2009. This final rule changes that
date to December 1, 2009.
DATES: This rule is effective September 28, 2009.
FOR FURTHER INFORMATION CONTACT: Steve Kozar, Office of State-Issued
Identification Support, Screening Coordination Office, Department of
Homeland Security, Washington, DC 20528 (202) 447-3368.
SUPPLEMENTARY INFORMATION:
I. Analysis of This Final Rule
The REAL ID Act of 2005 (the Act) \1\ prohibits Federal agencies,
effective May 11, 2008, from accepting a driver's license or personal
identification card for any official purpose unless the license or card
has been issued by a State that is meeting the requirements set forth
in the Act. The Act sets forth certain minimum standards applicable to
the driver's license issuance process. Section 205(b) of the REAL ID
Act authorizes the Secretary of Homeland Security to grant States
extensions of time to meet the requirements of the Act if the State
provides adequate justification for noncompliance.
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\1\ Division B--REAL ID Act of 2005, the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005, Public Law 109-13m 119 Stat. 231, 302 (May 11,
2005) (codified at 49 U.S.C. 30301 note).
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On January 29, 2008, DHS promulgated a final rule implementing the
requirements of the Act. See 73 FR 5272; also 6 CFR part 37. The final
rule, pursuant to the Secretary's authority under Sec. 205(b) of the
REAL ID Act, extended the original compliance date from May 11, 2008 to
January 1, 2010, for each State that timely filed a request for
extension. All States timely filed the required requests for extensions
and were granted an extension of the compliance date. The final rule
further provided that any State requiring an extension of the
compliance date must submit a request for such an extension to DHS no
later than October 11, 2009, and include with that submission a
material compliance checklist demonstrating that the State has met
certain compliance milestones. See 6 CFR 37.63.
DHS has determined that additional time is warranted for States to
submit a request for an additional extension. Accordingly, under this
final rule, DHS is revising the regulatory text at 6 CFR 37.63(b) to
change the deadline by which States must file a request for an
extension of the compliance date from October 11, 2009 to December 1,
2009.
II. Regulatory Analyses
A. Administrative Procedure Act
This final rule addresses requirements that are procedural in
nature. This rule does not change the January 1, 2010 compliance date--
the date by which States must begin to issue licenses and
identification cards that are in compliance with the standards and
requirements under the REAL ID Act and regulations--but merely changes
the date by which States may seek a further extension of that deadline.
This rule, therefore, does not alter the substantive rights of, nor
impose new requirements on, any State or individual. This final rule,
therefore, is exempt from notice and comment requirements under 5
U.S.C. 553(b)(A). For the same reason, under 5 U.S.C. 553(d)(3), this
rule is effective
[[Page 49309]]
immediately upon publication in the Federal Register.
B. Executive Order 12866 (Regulatory Planning and Review)
This final rule is not a ``significant regulatory action'' under
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and
Review,'' therefore the Office of Management and Budget has not
reviewed this rule. DHS anticipates that the changed filing deadline in
this final rule will not increase REAL ID-related compliance costs to
the affected entities and, in most cases, will provide advantages by
changing the filing deadline.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), requires Federal agencies to consider the
potential impact of regulations on small businesses, small governmental
jurisdictions, and small organizations during the development of their
rules. This final rule, however, makes changes for which notice and
comment are not necessary. Accordingly, DHS is not required to prepare
a regulatory flexibility analysis. 5 U.S.C. 603, 604.
D. Paperwork Reduction Act
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Executive Order 13132 (Federalism)
A rule has implications for federalism under Executive Order 13132,
``Federalism,'' if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538),
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Unfunded Mandates Reform Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. This
final rule will not result in such an expenditure.
G. Executive Order 13175 (Tribal Consultation)
This rule does not have tribal implications under Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments,'' because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
H. Executive Order 13211 (Energy Impact Analysis)
We have analyzed this rule under Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use.'' We have determined that it is not a
``significant energy action'' under that Order and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 6 CFR Part 37
Document security, driver's licenses, identification cards,
incorporation by reference, motor vehicle administrations, physical
security.
The Amendments
0
For the reasons set forth above, the Department of Homeland Security
amends 6 CFR part 37 as follows:
TITLE 6--DOMESTIC SECURITY
CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
PART 37--REAL ID DRIVER'S LICENSES AND IDENTIFICATION CARDS
0
1. The authority citation for part 105 continues to read as follows:
Authority: 49 U.S.C. 30301 note; 6 U.S.C. 111, 112.
Sec. 37.63 [Amended]
0
2. Amend Sec. 37.63(b) by removing the date ``October 11, 2009'' and
adding in its place the date ``December 1, 2009''.
Janet Napolitano,
Secretary.
[FR Doc. E9-23381 Filed 9-25-09; 8:45 am]
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