[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Rules and Regulations]
[Pages 21688-21690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08920]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 37
Transportation Security Administration
49 CFR Chapter XII
Terminology Relating to Sex; Technical Amendments
AGENCY: Transportation Security Administration, DHS.
ACTION: Final rule; technical amendments.
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SUMMARY: This document makes nomenclature changes to sections of the
Code of Federal Regulations (CFR) administered by the Transportation
Security Administration (TSA). This action is necessary to conform with
the Executive order of January 20, 2025 (Defending Women from Gender
Ideology Extremism and Restoring Biological Truth to the Federal
Government).
DATES: This rule is effective as of May 21, 2025.
FOR FURTHER INFORMATION CONTACT: John ``Neal'' Latta, Assistant
Administrator, Enrollment Services and Vetting Programs; Transportation
Security Administration; telephone: (571) 227-4995; email:
[email protected].
SUPPLEMENTARY INFORMATION: You can find an electronic copy of this rule
using the internet by accessing the Government Publishing Office's web
page at https://www.govinfo.gov/app/collection/FR to view the daily
published Federal Register edition or by accessing the Office of the
Federal Register's web page at https://www.federalregister.gov. Copies
are also available by contacting the individual identified in the FOR
FURTHER INFORMATION CONTACT section.
Discussion of the Rule
This final rule makes technical amendments to certain sections of
the CFR. Section 3(c) of Executive Order 14168 of January 20, 2025
(Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government), requires Federal agencies
to use the term ``sex'' and not ``gender'' in all applicable agency
policies and documents. In compliance with this section of the
Executive order, this technical amendment replaces the term ``gender''
with ``sex'' wherever it appears in TSA's regulations.
Table 1 identifies the context for each change in 6 CFR part 37
Table 1--Revisions to 6 CFR Part 37
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Description of
Section regulatory Specific terminology
requirement change
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37.17(c).................... Information that Section 37.17(c)
must appear on the will be revised as
surface of a REAL follows:
ID driver's license ``Sex, as determined
or identification by the State.''
card to be accepted
by Federal agencies.
37.17(m).................... Printed information ``The , , , sex . .
on REAL ID driver's . on the face of
licenses and the card must be in
identification Latin alpha-numeric
cards. characters. . . .''
37.19(e).................... Machine-readable ``Sex.''
technology minimum
data elements.
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[[Page 21689]]
Table 2 identifies the context for each change in 49 CFR part 1500.
Table 2--Revisions to 49 CFR Part 1500
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Description of
Section regulatory Specific terminology
requirement change
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1500.5(a)................... General statement on Section 1500.5(a)(3)
rules of will be revised as
construction for follows:
TSA's regulations. ``Words importing
the masculine sex
include the
feminine.''
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Table 3 identifies the context for each change in 49 CFR part 1540.
Table 3--Revisions to 49 CFR Part 1540
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1540.107(b)................. Information that Section 1540.107(b)
must be submitted will be revised as
for flight follows:
reservations. ``An individual must
provide his or her
full name, as
defined in Sec.
1560.3 of this
chapter, date of
birth, and sex
when--. . .''
1540.203(c)................. Categories of Section
information that 1540.203(c)(5) will
must be submitted be revised as
by aircraft follows:
operators for ``Sex.''
security threat
assessments.
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Table 4 identifies the context for each change in 49 CFR part 1560.
Table 4--Revisions to 49 CFR Part 1560
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1560.3...................... Definitions of Definition in
passport Section 1560.3 will
information be revised as
applicable to the follows:
Secure Flight ``Passport
program. information . . .
, , ,
(4) Sex.
. . .
Definition in
Section 1560.3 will
be revised as
follows:
Secure Flight
Passenger Data or
(SFPD) . . .
(3) Sex.
....................
. . .''
1560.101(a)(1).............. Information to be Section
requested from 1560.101(a)(1) will
passengers by be revised as
aircraft operators follows:
for purposes of ``Each covered
Secure Flight aircraft operator
Program. must request the
full . . . sex . .
.
For reservations
made 72 hours prior
to the scheduled
time of departure .
. . sex . . .
For an individual
that makes a
reservation for a
covered flight
within 72 . . . sex
. . .''
1560.101(a)(3).............. Information to be Section
requested from 1560.101(a)(3) will
passengers by be revised as
aircraft operators follows:
for purposes of ``Each covered
Secure Flight aircraft operator .
Program. . . sex.''
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Table 5 identifies the context for each change in 49 CFR part 1572.
Table 5--Revisions to 49 CFR Part 1572
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1572.9(a)................... Categories of Section 1572.9(a)(4)
information that will be revised as
must be submitted follows:
for a Hazardous ``Sex.''
Materials
Endorsement (HME)
security threat
assessment.
1572.17(a).................. Categories of Section
information that 1572.17(a)(4) will
must be submitted be revised as
for a follows:
Transportation ``Sex.''
Worker
Identification
Credential (TWIC)
security threat
assessment.
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These technical revisions are limited to changing the term in TSA's
regulations to comply with section 3(c) of the Executive order. TSA is
continuing to assess its need for, and use of, information that
identifies sex. Specific use cases will be addressed separately from
the technical amendments in this rulemaking.
The Administrative Procedure Act (APA) (5 U.S.C. 553(B)(3)(b))
provides that when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, an agency may issue a rule without providing notice
and an opportunity for public comment. TSA has determined that there is
good cause for making this technical amendment final without prior
proposal and opportunity for
[[Page 21690]]
comment because the revisions are not substantive and will have no
impact on the regulatory requirements in the affected parts. TSA has
determined that public comment on such administrative changes is
unnecessary and that there is good cause under the APA for proceeding
with a final rule.
TSA has also determined that this rule is exempt from the notice
and comment requirement under the APA because it is a rule of agency
organization, procedure, or practice. (See 5 U.S.C. 553(b)(A)) Because
the rule is simply an administrative change that replaces terminology
without altering the rights or interests of parties, it has no
substantive effect on the regulatory requirements and places no stamp
of approval or disapproval on any type of behavior. Accordingly, TSA is
issuing this rule in its final form as a procedural rule.
Further, because a notice of proposed rulemaking and opportunity
for public comment are not required for this rule under the APA or any
other law, the analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, this rule
is issued in final form.
Before a rule can take effect, the Congressional Review Act (CRA),
as codified at 5 U.S.C. 801-808, requires Federal agencies to submit
the rule and a report to Congress and the Comptroller General
indicating whether it is a major rule. Under 5 U.S.C. 804(3)(C), rules
of agency organization, procedure, or practice that do not
substantially affect the rights or obligations of non-agency parties
are not considered rules for the purposes of the CRA. This technical
amendment is a rule of agency organization, procedure, or practice that
will not substantially affect the rights or obligations of non-agency
parties. Thus, TSA is not required to submit the rule for review under
the CRA.
List of Subjects
6 CFR Part 37
Classified information, Freedom of information, Licensing and
registration, Motor vehicle safety, Motor vehicles, Personally-
identifiable information, Privacy, Reporting and recordkeeping
requirements, Security measures.
49 CFR Part 1500
Air carriers, Air transportation, Aircraft, Airports, Buses,
Hazardous materials transportation, Law enforcement officers, Maritime
carriers, Mass transportation, Railroad safety, Railroads, Reporting
and recordkeeping requirements, Security measures, Transportation,
Vessels.
49 CFR Part 1540
Air carriers, Airports, Aviation safety, Law enforcement officers,
Reporting and recordkeeping requirements, Security measures.
49 CFR Part 1560
Air transportation, Law enforcement officers, Reporting and
recordkeeping requirements, Security measures.
49 CFR Part 1572
Crime, Explosives, Hazardous materials transportation, Motor
carriers, Railroads, Reporting and recordkeeping requirements, Security
measures.
The Amendments
For the reasons stated in the preamble, the Transportation Security
Administration amends chapter I of title 6, and chapter XII of title
49, Code of Federal Regulations, 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.
Sec. 37.17 [Amended]
0
2. In Sec. 37.17:
0
a. Amend paragraph (c) by removing the word ``Gender'' and adding, in
its place, ``Sex'' and
0
b. Amend paragraph (m) by removing the word ``gender'' and adding, in
its place, ``sex''.
Sec. 37.19 [Amended]
0
3. In Sec. 37.19, amend paragraph (e) by removing the word ``Gender''
and adding, in its place, ``Sex''.
PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS
0
4. The authority citation for part 1500 continues to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914,
44916-44918, 44935-44936, 44939, 44942, 46105; Pub. L. 110-53 (121
Stat. 266, Aug. 3, 2007) secs. 1408 (6 U.S.C. 1137), 1501 (6 U.S.C.
1151), 1517 (6 U.S.C. 1167), and 1534 (6 U.S.C. 1184).
Sec. 1500.5 [Amended]
0
5. In Sec. 1500.5, amend paragraph (a)(3) by removing the word
``gender'' and adding, in its place, ``sex''.
PART 1540--CIVIL AVIATION SECURITY: GENERAL RULES
0
6. The authority citation for part 1540 continues to read as follows:
Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914,
44916-44918, 44925, 44935-44936, 44942, 46105.
Sec. 1540.107 [Amended]
0
7. In Sec. 1540.107, amend paragraph (b) by removing the word
``gender'' and adding, in its place, ``sex''.
Sec. 1540.203 [Amended]
0
8. In Sec. 1540.203, amend paragraph (c)(5) by removing the word
``Gender'' and adding, in its place, ``Sex''.
PART 1560--SECURE FLIGHT PROGRAM
0
9. The authority citation for part 1560 continues to read as follows:
Authority: 49 U.S.C. 114, 40113, 44901, 44902, 44903.
Sec. 1560.3 [Amended]
0
10. In Sec. 1560.3, amend this section by removing the word ``gender''
wherever it appears and adding, in its place, ``sex''.
Sec. 1560.101 [Amended]
0
11. In Sec. 1560.101, amend paragraphs (a)(1) and (3) by removing the
word ``gender'' wherever it appears and adding, in its place, ``sex''.
PART 1572--CREDENTIALING AND SECURITY THREAT ASSESSMENTS
0
12. The authority citation for part 1572 continues to read as follows:
Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and
46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.
Sec. 1572.9 [Amended]
0
13. In Sec. 1572.9, amend paragraph (a)(4) by removing the word
``Gender'' and adding, in its place, ``Sex''.
Sec. 1572.17 [Amended]
0
14. In Sec. 1572.17, amend paragraph (a)(4) by removing the word
``Gender'' and adding, in its place, ``Sex''.
Dated: May 13, 2025.
Ha Nguyen McNeill,
Acting Administrator, Transportation Security Administration.
[FR Doc. 2025-08920 Filed 5-20-25; 8:45 am]
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