[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Rules and Regulations]
[Pages 14473-14476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04496]
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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. 88, No. 46 / Thursday, March 9, 2023 / Rules
and Regulations
[[Page 14473]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 37
[Docket No. DHS-2022-0061]
RIN 1601-AB03
Minimum Standards for Driver's Licenses and Identification Cards
Acceptable by Federal Agencies for Official Purposes; Extending
Enforcement Date
AGENCY: Office of the Secretary, DHS.
ACTION: Final rule.
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SUMMARY: On May 3, 2021, DHS published an interim final rule (IFR)
extending the card-based enforcement deadline to May 3, 2023. This rule
finalizes that IFR and further extends the date for card-based
enforcement of the REAL ID regulations from May 3, 2023 until May 7,
2025. Beginning on that date, Federal agencies are prohibited from
accepting a state-issued driver's license or identification card for
official purposes unless such license or card is a REAL ID compliant
driver's license or identification card issued by a state that DHS has
determined is in full compliance as defined under this part. The
current regulations also permit Federal agencies to accept noncompliant
driver's licenses and identification cards for official purposes until
May 2, 2023. This rule also extends that date, authorizing Federal
agencies to continue to accept non-compliant driver's licenses and
identification cards for official purposes until May 6, 2025.
DATES: This rule is effective on March 9, 2023.
FOR FURTHER INFORMATION CONTACT: Steve Yonkers, Director, REAL ID
Program Office; telephone (202) 447-3274; email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. The REAL ID Act and Implementing Regulations
The REAL ID Act (the Act) sets minimum security requirements for
the issuance and production of driver's licenses and identification
cards issued by the states, territories, and the District of Columbia
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,
div. B. title II, May 11, 2005, as amended (codified at 49 U.S.C.
30301 note) (REAL ID Act).
\2\ Id. at section 201.
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On January 29, 2008, DHS published a final rule implementing the
Act's requirements.\3\ The regulations include both a deadline for
state compliance with the REAL ID requirements and a deadline by which
individuals must obtain a REAL ID compliant license or identification
card in order to use that document for official purposes.\4\ DHS refers
to these deadlines as ``state-based'' and ``card-based'' enforcement,
respectively.
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\3\ See 73 FR 5272 (Jan. 29, 2008) (codified as amended at 6 CFR
part 37).
\4\ 6 CFR 37.51(a) and 37.5.
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Under existing regulations, card-based enforcement is scheduled to
begin on May 3, 2023.\5\ Beginning on the card-based enforcement date,
Federal agencies are prohibited from accepting a license or
identification card issued by a state for official purposes unless the
license or card itself was issued in accordance with the REAL ID
standards by a REAL ID compliant state.\6\
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\5\ 6 CFR 37.5(b).
\6\ The REAL ID Act and regulations define ``state'' to include
the 50 U.S. states, the District of Columbia, Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands. REAL ID Act section 201(5), 6 CFR 37.3.
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In addition to compliant licenses and identification cards, states
may issue noncompliant licenses and identification cards, which are not
acceptable by Federal agencies for official purposes, to individuals
who are unable or unwilling to present the documents and information
necessary to obtain a REAL ID compliant license or card. These
noncompliant licenses and cards must (1) clearly state that the card is
not acceptable for official purposes, and (2) have a unique design or
color indicator that clearly distinguishes them from compliant licenses
and identification cards.\7\ The REAL ID regulations authorize, but do
not require, Federal agencies to accept these noncompliant cards until
card-based enforcement begins.\8\
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\7\ 6 CFR 37.71; REAL ID Act section 202(d)(11).
\8\ See 86 FR 23237 (May 3, 2021) (codified at 6 CFR 37.5)
(clarifying that the 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).
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B. Progress Towards Full Implementation
Since its enactment in 2005, DHS has worked with the states to
implement the requirements of the REAL ID Act. DHS has provided
funding, technical assistance, outreach, and engagement efforts. DHS
has awarded over $263 million in grant funding to assist in
enhancements to driver's license security programs.\9\ These efforts
have yielded significant progress towards full REAL ID implementation.
Fifty-five of the 56 jurisdictions subject to REAL ID have achieved
compliance with the REAL ID standards and are currently issuing REAL
ID-compliant licenses and identification cards.\10\ Based on REAL ID
data compiled by compliant states, DHS estimates that compliant states,
territories and the District of Columbia have issued approximately 151
million REAL ID compliant licenses and cards, which represent
approximately 53 percent of the population possessing a state-issued
driver's license or identification card.\11\ Notwithstanding these
efforts, however, DHS estimates that at the current 0.5 percent monthly
REAL ID issuance rate, only approximately 56 percent of the population
will have a REAL ID by the current May 3, 2023 card-based
[[Page 14474]]
enforcement date. Data also indicates that states have issued
approximately 113 million noncompliant marked licenses and
identification cards and approximately 22 million individuals still
have legacy licenses without any markings that were issued before a
state's compliance determination. Without an extension of the card-
based enforcement date, DHS estimates that beginning on May 3, 2023, 44
percent of the remaining population would need another acceptable form
of identification, where identification is required for REAL ID
official purposes, including for use as identification at the TSA
airport security checkpoint.\12\
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\9\ Secure Identification State Progress Report-Fiscal Year 2012
Report to Congress.
\10\ American Samoa, the remaining noncompliant jurisdiction,
has been delayed in implementing some of the REAL ID requirements
due to COVID-19-related travel restrictions. American Samoa is
currently under DHS review for a compliance determination.
\11\ Based on REAL ID issuance data voluntarily submitted
monthly to DHS by the compliant states.
\12\ Although a significant segment of the population may not
currently possess a REAL ID, they may have other forms of
identification acceptable for official purposes (e.g., a U.S.
passport, U.S. passport card, or military identification). TSA's
acceptable ID list is available at tsa.gov/travel/security-screening/identification.
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Since the card-based enforcement deadline was last extended by DHS
on April 27, 2021, DHS has completed the nationwide REAL ID advertising
campaign ``Be Your REAL ID Self'' and produced an advertising toolkit
available for free to all DHS stakeholders. DHS continues to work with
stakeholders to reach full implementation of the REAL ID Act.
C. Coronavirus Disease 2019 (COVID-19)
On March 13, 2020, the President declared a national emergency
under sections 201 and 301 of the National Emergencies Act, 50 U.S.C.
1601 et seq, in response to COVID-19.\13\ In February of 2022, the
President issued a continuation of the National Emergency concerning
the COVID-19 pandemic.\14\ On January 11, 2023, the Secretary of the
Department of Health and Human Services renewed the nationwide ``public
health emergency,'' \15\ originally declared on January 31, 2020, under
section 319 of the Public Health Service Act, 42 U.S.C. 274d.\16\
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\13\ Proclamation 9994 of Mar. 13, 2020 on Declaring a National
Emergency Concerning the Novel Coronavirus Disease (COVID-19)
Outbreak, 85 FR 15337 (Mar. 18, 2020).
\14\ Notice on the Continuation of the National Emergency
Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, 87 FR
10289 (Feb. 23, 2022); Proclamation 9994 of March 13, 2020,
Declaring a National Emergency Concerning the Coronavirus Disease
(COVID-19) Outbreak, 85 FR 15337 (Mar. 18, 2020).
\15\ HHS, ``Renewal of Determination that a Public Health
Emergency Exists,'' COVID-19: Renewal of Determination that a Public
Health Emergency Exists (hhs.gov).
\16\ HHS, ``Determination that a Public Health Emergency
Exists,'' https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx.
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As of January 31, 2023, there have been 753,479,439 million
confirmed cases of COVID-19 identified globally, resulting in 6,812,798
million deaths.\17\ In the United States, 102,171,644 cases have been
identified, with 1,103,615 reported deaths due to the disease.\18\
Currently, the FDA's List of Approved Vaccines for Use in the United
States contains two COVID-19 vaccines \19\ and CDC guidance states that
eligible individuals should receive COVID-19 vaccine booster shots
after certain periods of time.\20\ Ongoing research demonstrates that
while there is high effectiveness of approved vaccines among eligible
individuals, fully vaccinated individuals continue to experience
breakthrough COVID-19 infections and may be either symptomatic or
asymptomatic.\21\ Nevertheless, CDC reports show that individuals who
are unvaccinated have a greater risk of testing positive for COVID-19
and a greater risk of dying from COVID-19 than individuals who are
fully vaccinated.\22\
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\17\ WHO Coronavirus (COVID-19) Dashboard (as of February 1,
2023), https://covid19.who.int.
\18\ CDC COVID Data Tracker (as of February 1, 2023), https://covid.cdc.gov/covid-data-tracker.
\19\ FDA, Vaccines Licensed for Use in the United States (July
5, 2022), https://www.fda.gov/vaccines-blood-biologics/vaccines/vaccines-licensed-use-united-states.
\20\ CDC, COVID-19 Vaccine Booster Shots (updated Jan. 25,
2023), https://www.cdc.gov/coronavirus/2019-ncov/vaccines/booster-shot.html; FDA, COVID-19 Frequently Asked Questions (updated Dec. 8,
2022), https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-frequently-asked-questions; CDC, Stay Up to Date with Your Vaccines (updated Jan. 23,
2023), https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html.
\21\ CDC, The Possibility of COVID-19 after Vaccination:
Breakthrough Infections (updated June 23, 2022), https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthrough-cases.html.
\22\ CDC, Rate of COVID-19 Cases and Deaths by Vaccination
Status, https://covid.cdc.gov/covid-data-tracker/#rates-by-vaccine-status.
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Although COVID-19 rates of infection and death are decreasing,\23\
at least one study indicated that the COVID-19 pandemic is driven by
seasonality.\24\ Another study indicated that seasonal factors,
alongside the increased demand for healthcare resources due to seasonal
influenza, should be taken into account when developing future
intervention measures.\25\ Throughout this pandemic, state and local
jurisdictions across the United States engaged in various social
distancing practices and other efforts to reduce and mitigate against
further spread of COVID-19, including closing or reducing service times
at government offices and by accepting in-person visits by appointment
only.\26\ Although states have generally resumed normal operations,
many have expressed concerns that it could take months or years for
their DMVs to eliminate the backlogs caused by the pandemic-related
delays and closures.\27\ States have also raised concerns about their
residents being turned away at airports and Federal buildings beginning
on May 3, 2023.
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\23\ CDC, COVID Data Tracker, https://covid.cdc.gov/covid-data-tracker/#datatracker-home.
\24\ Mario Coccia, COVID-19 Pandemic Over 2020 (With Lockdowns)
and 2021 (With Vaccinations): Similar Effects for Seasonality and
Environmental Factors, 208 Environmental Research (2022), https://www.sciencedirect.com/science/article/pii/S001393512200038X?via%3Dihub.
\25\ NIH, The role of seasonality in the spread of COVID-19
pandemic (Feb. 19, 2021), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7892320/.
\26\ https://www.nj.gov/governor/news/news/562020/20200315c.shtml (Mar. 15, 2020); and PennDOT closes all driver and
photo license centers across Pennsylvania (wtae.com) (Mar. 16,
2020);
\27\ See, section 1:1. Introduction, 24 N.J. Prac., Motor
Vehicle Law and Practice section 1:1 (5th ed.) (Nov. 2022).
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D. The 2021 Interim Final Rule
Considering the impact of the COVID-19 pandemic on state and local
government operations and the desire to reduce further spread by
encouraging continued social distancing, DHS extended the card-based
enforcement deadline twice during the pandemic. In April 2020 DHS
issued a final rule extending the REAL ID card-based enforcement date
for one year until October 1, 2021,\28\ and in May 2021, DHS further
extended the card-based enforcement date until May 3, 2023, through the
issuance of an interim final rule (IFR) requesting comments.\29\ DHS
received one comment in response to the IFR.\30\ The commenter
supported the extension until May 3, 2023 stating that ``state agencies
have either closed offices, shortened operating hours, or greatly
limited occupancy in offices.'' \31\ The commenter concludes their
comments stating ``[p]roviding additional time to receive compl[ia]nt
identifications assists those persons that do not have access to
internet, those persons with serious health conditions that cannot
visit government offices due to risks of contraction of the COVID-19
virus, and those persons that are in states or territories where health
guidelines prohibit or limit `in-person' contact.'' \32\
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\28\ 85 FR 23205 (Apr. 27, 2020).
\29\ 86 FR 23237 (May 3, 2021).
\30\ See, https://www.regulations.gov/comment/DHS-2021-0019-0002.
\31\ Id.
\32\ Id.
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DHS issued these extensions to assist the states in avoiding in-
person driver's licensing agency visits and in recognition of the fact
that, as a result
[[Page 14475]]
of the pandemic, most if not all states severely curtailed driver's
licensing agency operations and service hours and authorized extensions
for expiring driver's licenses.
E. Further Extending the Card-Based Enforcement Deadline
The Secretary recognizes that significant challenges continue to
persist with the upcoming REAL ID card-based enforcement deadline in
light of the COVID-19 pandemic and related issuance backlogs. Based on
discussions and information provided by the states, the COVID-19
pandemic has continuing impacts on state DMV operations and the
issuance of REAL ID compliant licenses and identification cards.
Reduced DMV service hours and facility closures during the pandemic
caused many states to offer grace periods and extensions to those with
expiring licenses and although states have generally resumed normal
operations, the temporary procedures put in place during the pandemic
continue to have a lingering impact on REAL ID issuance rates. States
have expressed concern that they may not have enough time to process
and issue REAL ID compliant cards before the upcoming deadline. DHS has
heard similar concerns from individual license holders about their
ability to make appointments at their local DMV to obtain a REAL ID. As
a result, DHS does not believe that REAL ID adoption rates will
significantly change by the current May 3, 2023, card-based enforcement
date.
DHS's estimates of the REAL ID issuance rates align with these
concerns. For example, since the beginning of the COVID-19 pandemic,
the rate of REAL ID issuance has been reduced by almost half. Before
the pandemic, the REAL ID adoption rate was increasing at over 1
percent per month. By contrast, the current adoption rate continues to
stand at about half of that amount or at about 0.5 percent per month.
At this rate of adoption, DHS estimates that only about 56 percent of
the state driver's licenses and identification cards in circulation
will be REAL ID compliant by the current May 3, 2023 card-based
enforcement deadline.
As a result, without a change to the current card compliance
deadline, DHS estimates that a significant number of individuals may
arrive at an airport screening checkpoint without an acceptable form of
identification.\33\ TSA estimates up to half a million passengers per
day without alternate acceptable IDs could be denied access to security
screening. This could result in significant backlogs at the TSA
security checkpoint, which would not only cause delays and missed
flights but may also create a significant security risk both to
passengers and TSA personnel by diverting the resources and attention
of TSA personnel away from other passengers, including those known to
pose an elevated risk.
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\33\ TSA's acceptable ID list is available at tsa.gov/travel/security-screening/identification.
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The Secretary, with the commitment to fairness and equity in
mind,\34\ is taking this action to provide additional time for
individuals to obtain a REAL ID compliant license or identification
card. Notwithstanding this extension, DHS encourages those who are able
and eligible to obtain a REAL ID at the earliest possible point,
instead of waiting until the end of this extension period.
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\34\ See E.O. 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government, 86 FR 7009
(published Jan. 25, 2021); E.O. 13563, Improving Regulation and
Regulatory Review, 76 FR 3821 (published Jan. 21, 2011).
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Accordingly, the Secretary is finalizing the 2021 interim final
rule and extending the date when individuals must present a REAL ID
compliant driver's license or identification card to use that document
for official purposes until May 7, 2025. This extension is intended to
provide sufficient time for individuals to obtain a REAL ID and for
DMVs across the country to fully accommodate the demand for those
licenses and identification cards.
Finally, to avoid any confusion about the ability of Federal
agencies to continue to accept noncompliant licenses and identification
cards issued under Sec. 37.71, DHS also is extending the date by which
Federal agencies may continue to accept these licenses and
identification cards for official purposes until the end of May 6,
2025. Although some agencies, including TSA, accept noncompliant
licenses and identification cards for official purposes, others may
decide not to accept, or currently do not accept, noncompliant cards
for official purposes. Individuals who need to visit a Federal
facility, building, or office should check in advance whether the
agency requires identification for access purposes and, if they do, the
forms of identification they accept.
II. Regulatory Analysis
A. Administrative Procedure Act
The Administrative Procedure Act (5 U.S.C. 553) authorizes agencies
to dispense with certain rulemaking procedures under certain
circumstances. Section 553(d)(1) allows an agency to make a rule
effective immediately, thereby avoiding the 30-day delayed effective
date requirement in section 553(d), when a substantive rule grants or
recognizes an exemption or relieves a restriction.
This final rule extends the card-based enforcement deadline due to
the continuing impacts on REAL ID issuance caused by the measures put
in place by state DMVs to address the COVID-19 pandemic, including
temporary grace periods and extended expiration dates for expiring
driver's licenses. Although states have generally resumed regular DMV
operations, REAL ID adoption rates have not risen to meet their pre-
pandemic levels. Before the start of the pandemic states were
increasing their REAL ID adoption rates by over 1 percent a month.
These rates dropped to 0.5 percent or less in May of 2020 and have not
reached their pre-pandemic levels. At these rates, DHS estimates that
only approximately 56 percent of the population will have a REAL ID by
the May 3, 2023 card-based enforcement date. This rule reduces the
burden on States to comply with the current deadline by further
extending the card-based enforcement deadline to May 7, 2025. This new
deadline allows States more time to fully recover from the COVID-19
pandemic and its continued impacts on their DMVs. Therefore, DHS is
making this rule effective immediately.
B. 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).
C. Executive Orders 12866 and 13563 Assessment
This rule constitutes a ``significant regulatory action'' under
Executive Order 12866, as supplemented by Executive Order 13563, and
therefore has been reviewed by the Office of Management and Budget
(OMB). Executive Order 12866 defines ``significant regulatory action''
as one that is likely to result in a rule that may (1) have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or state,
local, or Tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements,
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grants, user fees, or loan programs or the rights or obligations of
recipients thereof; or (4) raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in the Executive Order. DHS is proceeding under the emergency
provision at Executive Order 12866 Section 6(a)(3)(D) based on the
urgent needs described above.
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 rule, however, makes changes for which notice and comment
are not 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 federalism implications under Executive Order 13132,
``Federalism,'' if it has a substantial direct effect on state
governments, on the relationship between the national government and
the states, or on the distribution of power and responsibilities among
the various levels of government. DHS has analyzed this rule under that
Order and has determined that although this rule affects the states, it
does not impose substantial direct compliance costs or preempt state
law. In fact, the rule is responsive to concerns expressed by state
agencies regarding the upcoming deadlines. DHS has determined that the
rule is consistent with Executive Order 13132.
F. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 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 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. Environment
DHS reviews actions to determine whether the National Environmental
Policy Act (NEPA) applies to them and, if so, what degree of analysis
is required. DHS Directive 023-01 Rev. 01 (Directive) and Instruction
Manual 023-01-001-01 Rev. 01 (Instruction Manual) establish the
procedures that DHS and its components use to comply with NEPA and the
Council on Environmental Quality (CEQ) regulations for implementing
NEPA, 40 CFR parts 1500 through 1508.
The CEQ regulations allow Federal agencies to establish, with CEQ
review and concurrence, categories of actions (``categorical
exclusions'') which experience has shown do not individually or
cumulatively have a significant effect on the human environment and,
therefore, do not require an Environmental Assessment (EA) or
Environmental Impact Statement (EIS). 40 CFR 1507.3(b)(2)(ii), 1508.4.
For an action to be categorically excluded, it must satisfy each of the
following three conditions: (1) the entire action clearly fits within
one or more of the categorical exclusions; (2) the action is not a
piece of a larger action; and (3) no extraordinary circumstances exist
that create the potential for a significant environmental effect.
Instruction Manual section V.B(2)(a)-(c).
The delay effectuated by this rule fits within categorical
exclusion A3(a) ``Promulgation of rules . . . of a strictly
administrative or procedural nature.'' Instruction Manual, Appendix A,
Table 1. Furthermore, the rule is not part of a larger action and
presents no extraordinary circumstances creating the potential for
significant environmental impacts. Therefore, the rule is categorically
excluded from further NEPA review.
I. Congressional Review Act
This rule is not a major rule as defined by the legislation
commonly known as the Congressional Review Act, see Public Law 104-121,
sec. 251, 110 Stat. 847, 868 (1996) (codified in relevant part at 5
U.S.C. 804) (``CRA''). This rule will not result in an annual effect on
the economy of $100 million or more; a major increase in costs or
prices; or significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets. The Department has complied with the CRA's
reporting requirements and has sent this rule to Congress and to the
Comptroller General as required by 5 U.S.C. 801(a)(1).
List of Subjects in 6 CFR Part 37
Document security, Driver's licenses, Identification cards, Motor
vehicle administrations, Physical security.
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. Amend Sec. 37.5 by revising paragraphs (b) and (c) to read as
follows:
Sec. 37.5 Validity periods and deadlines for REAL ID driver's
licenses and identification cards.
* * * * *
(b) On or after May 7, 2025, Federal agencies shall not accept a
driver's license or identification card for official purposes from any
individual unless such license or card is a REAL ID-compliant driver's
license or identification card issued by a State that has been
determined by DHS to be in full compliance as defined under this
subpart.
(c) Through the end of May 6, 2025, Federal agencies may accept for
official purposes a driver's license or identification card issued
under Sec. 37.71. On or after May 7, 2025, Federal agencies shall not
accept for official purposes a driver's license or identification card
issued under Sec. 37.71.
* * * * *
Alejandro N. Mayorkas,
Secretary, Department of Homeland Security.
[FR Doc. 2023-04496 Filed 3-8-23; 8:45 am]
BILLING CODE 9110-9M-P