[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]


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 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  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.

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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 http://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 http://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.
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    \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.
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    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\
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    \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).
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    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]
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