[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Proposed Rules]
[Pages 51625-51626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19812]


 ========================================================================
 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. 177 / Thursday, September 16, 2021 / 
Proposed Rules  

[[Page 51625]]



DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 37

[Docket No. DHS-2020-0028]


Notification of Document Availability and Reopening 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 document availability and reopening of comment 
period.

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SUMMARY: The Department of Homeland Security (DHS) issued a Request for 
Information (RFI) entitled, ``Minimum Standards for Driver's Licenses 
and Identification Cards Acceptable by Federal Agencies for Official 
Purposes; Mobile Driver's Licenses'' in April 2021 that referenced a 
draft industry standard of the International Organization for 
Standardization (ISO) and International Electrotechnical Commission 
(IEC), ISO/IEC 18013-5. Through this document, DHS is announcing that 
the American National Standards Institute (ANSI) is making a view-only 
version of the draft industry standard available to the public. DHS is 
also announcing the reopening of the public comment period for the RFI 
for an additional 30 days to provide additional time for commenters to 
consider the draft industry standard. DHS will consider all comments 
received from April 19, 2021, through October 18, 2021.

DATES: The comment period for the RFI published at 86 FR 20320 (April 
19, 2021) and extended at 86 FR 31987 (June 16, 2021) is reopened 
through October 18, 2021. To be considered by DHS, written comments and 
related material must be submitted on or before this date.

ADDRESSES: You may submit comments through the Federal e-Rulemaking 
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 email 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 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. For more information on the mDLs 
and the issues for which DHS solicits comments, please see the RFI.\1\
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    \1\ 86 FR at 20325-26.
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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 \2\ (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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    \2\ ``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 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 \3\ and the DHS implementing regulations 
\4\ set minimum requirements for state-issued driver's licenses and 
identification cards accepted by Federal agencies for official

[[Page 51626]]

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. 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.\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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    \3\ The REAL ID Act of 2005--Title II, Division B of the FY05 
Emergency Supplemental Appropriations Act, Public Law 109-13 (119 
Stat. 302; May 11, 2005), codified at 49 U.S.C. 30301 note, as 
amended.
    \4\ 6 CFR part 37 (REAL ID Driver's Licenses and Identification 
Cards).
    \5\ REAL ID Modernization Act, Title X, Div. U of the 
Consolidated Appropriations Act, 2021, Public Law No. 116-260 (Dec. 
27, 2020).
    \6\ See 6 CFR 37.5(b) and (c).
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    On April 19, 2021, DHS published an RFI \7\ 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.\8\ The RFI 
announced a comment period closing on June 18, 2021. On June 16, 2021, 
DHS announced a public meeting on the RFI on June 30, 2021, to provide 
an additional forum for comments by stakeholders and other interested 
persons regarding the issues identified in the RFI and extended the 
comment period until July 30, 2021.\9\
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    \7\ See 86 FR 20320 (April 19, 2021).
    \8\ 86 FR 20320.
    \9\ 86 FR 31987 (June 16, 2021).
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    At the public meeting, several commenters suggested the importance 
of public access to the draft industry standard ISO/IEC 18013-5, which 
was referenced in the RFI.\10\ To accommodate the public's interest in 
access to the draft standard, the American National Standards Institute 
(ANSI) informed DHS that it will make the final draft version of the 
standard, known as a Final Draft International Standard, or FDIS, 
available during the remainder of the reopened comment period.\11\ See 
``Document Availability'' below for instructions on accessing the 
standard.
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    \10\ 86 FR at 20322.
    \11\ ISO approved the standard on August 19, 2021, but it is not 
available until after publication later this year. DHS does not 
expect any material or substantive changes between this draft and 
the final published standard. See www.iso.org/standard/69084.html.
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Document Availability

    ANSI, which is a private organization not affiliated with DHS, will 
provide public access to the final draft industry standard ISO/IEC 
18013-5 until October 18, 2021. ANSI advises interested persons to 
visit the following website to obtain access: https://www.surveymonkey.com/r/DQVJYMK. This link will direct interested 
persons to a non-government website that is not within the Federal 
government's control and may not follow the same privacy, security, or 
accessibility polices as Federal government websites. ANSI requires 
individuals to complete an online license agreement form, which will 
ask for name, professional affiliation, and email address, before view-
only access to the final draft standard will be granted. ANSI will 
provide access on a view-only basis, meaning copies of the document 
cannot be downloaded or modified. Individuals who access non-
governmental sites to view this draft standard are subject to the 
policies of the owner of the website.
    DHS continues to invite comments on any aspect of RFI through the 
reopened 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. In addition to comments on the 
draft standard as discussed in detail in the RFI,\12\ 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. DHS 
will consider all comments received from April 19, 2021, through 
October 18, 2021.
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    \12\ 86 FR 20320 (April 19, 2021).

Robert Silvers,
Under Secretary Office of Strategy, Policy, and Plans United States 
Department of Homeland Security.
[FR Doc. 2021-19812 Filed 9-15-21; 8:45 am]
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