81 FR 29287 - Office of Chief Information Officer; Agency Information Collection Activities: REAL ID: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
DEPARTMENT OF HOMELAND SECURITY Federal Register Volume 81, Issue 91 (May 11, 2016)
Federal Register Volume 81, Issue 91 (May 11, 2016)
| Page Range | 29287-29289 | |
| FR Document | 2016-11133 |
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)] [Notices] [Pages 29287-29289] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11133] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Office of Chief Information Officer; Agency Information Collection Activities: REAL ID: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes AGENCY: Office of the Secretary, DHS. ACTION: 30-Day Notice and request for comments; Reinstatement with change, 1601-0005. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security, Office of the Secretary, will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). DHS previously published this information collection request (ICR) in the Federal Register on Monday, February 22, 2016 at 81 FR 8736 for a 60-day public comment period. Three comments were received by DHS. The purpose of this notice is to allow an additional 30 days for public comments. DATES: Comments are encouraged and will be accepted until June 10, 2016. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to OMB Desk Officer, Department of Homeland Security and sent via electronic mail to [email protected] or faxed to (202) 395-5806. SUPPLEMENTARY INFORMATION: The REAL ID Act of 2005 (the Act) prohibits Federal agencies from accepting State-issued drivers' licenses or identification cards for any official purpose--defined by the Act and regulations as boarding commercial aircraft, accessing Federal facilities, or entering nuclear power plants--unless the license or card is issued by a State that meets the requirements set forth in the Act. Title II of Division B of Public Law 109-13, codified at 49 U.S.C. 30301 note. The REAL ID regulations, which DHS issued in January 2008, establish the minimum standards that States must meet to comply with the Act. See 73 FR 5272, also 6 CFR part 37 (Jan. 29, 2008). These include requirements for presentation and verification of documents to establish identity and lawful status, standards for document issuance and security, and physical security requirements for drivers' license production facilities. For a State to achieve full compliance, the Department of Homeland Security (DHS) must make a final determination that the State has met the requirements contained in the regulations and is compliant with the Act. The regulations include new information reporting and record keeping requirements for States seeking a full compliance determination by DHS. As discussed in more detail below, States seeking DHS's full compliance determination must certify that they are meeting certain standards in the issuance of drivers' licenses and identification cards and submit security plans covering physical security of document production and storage facilities as well as security of personally identifiable information. 6 CFR 37.55(a). States also must conduct background checks and training for employees involved in the document production and issuance processes and retain and store applicant photographs [[Page 29288]] and other source documents. 6 CFR 37.31 and 37.45. States must recertify compliance with REAL ID every three years on a rolling basis as determined by the Secretary of Homeland Security. 6 CFR 37.55. Certification Process Generally--Section 202(a)(2) of the REAL ID Act requires the Secretary to determine whether a state is meeting its requirements, ``based on certifications made by the State to the Secretary.'' To assist DHS in making a final compliance determination, 37.55 of the rule requires the submission of the following materials: (1) A certification by the highest level Executive official in the State overseeing the DMV that the State has implemented a program for issuing driver's licenses and identification cards in compliance with the REAL ID Act; (2) A letter from the Attorney General of the State confirming the State has the legal authority to impose requirements necessary to meet the standards; (3) A description of a State's exceptions process to accept alternate documents to establish identity and lawful status and wavier process used when conducting background checks for individuals involved in the document production process; and (4) The State's security plan. Additionally, after a final compliance determination by DHS, states must recertify compliance every three years on a rolling basis as determined by DHS. 6 CFR 37.55(b). State REAL ID programs will be subject to DHS review to determine whether the State meets the requirements for compliance. States must cooperate with DHS's compliance review and provide any reasonable information requested by DHS relevant to determining compliance. Under the rule, DHS may inspect sites associated with the enrollment of applicants and the production, manufacture, personalization, and issuance of driver's licenses or identification cards. DHS also may conduct interviews of employees and contractors involved in the document issuance, verification, and production processes. 6 CFR 37.59(a). Following a review of a State's certification package, DHS may make a preliminary determination that the State needs to take corrective actions to achieve full compliance. In such cases, a State may have to respond to DHS and explain the actions it took or plans to take to correct any deficiencies cited in the preliminary determination or alternatively, detail why the DHS preliminary determination is incorrect. 6 CFR 37.59(b). Security Plans--In order for States to be in compliance with the Act, they must ensure the security of production facilities and materials and conduct background checks and fraudulent document training for employees involved in document issuance and production. REAL ID Act sec. 202(d)(7)-(9). The Act also requires compliant licenses and identification cards to include features to prevent tampering, counterfeiting, or duplication. REAL ID Act sec. 202(b). To document compliance with these requirements, the regulations require States to prepare a security plan and submit it as part of their certification package. 6 CFR 37.41. At a minimum, the security plan must address steps the State is taking to ensure: The physical security of production materials and storage and production facilities; security of personally identifiable information maintained at DMVs including a privacy policy and standards and procedures for document retention and destruction; document security features including a description of the use of biometrics and the technical standards used; facility access control including credentialing and background checks; fraudulent document and security awareness training; emergency response; internal audit controls; and an affirmation that the state possesses the authority and means to protect the confidentiality of REAL ID documents issued in support of criminal justice agencies or similar programs. The security plan also must include a report on card security and integrity. Background checks and waiver process--Within its security plans, the rule requires States to outline their approach to conducting background checks of certain DMV employees involved in the card production process. 6 CFR 37.45. Specifically, States are required to perform background checks on persons who are involved in the manufacture or production of REAL ID driver's licenses and identification cards, as well as on individuals who have the ability to affect the identity information that appears on the driver's license or identification card and on current employees who will be assigned to such positions. The background check must include a name-based and fingerprint-based criminal history records check, an employment eligibility check, and for newer employees a prior employment reference check. The regulation permits a State to establish procedures to allow for a waiver for certain background check requirements in cases, for example, where the employee has been arrested, but no final disposition of the matter has been reached. Exceptions Process--Under the rule, a State DMV may choose to establish written, defined exceptions process for persons who, for reasons beyond their control, are unable to present all necessary documents and must rely on alternate documents to establish identity and date of birth. 6 CFR 37.11(h). Alternative documents to demonstrate lawful status will only be allowed to demonstrate U.S. citizenship. The State must retain copies or images of the alternate documents accepted under the exceptions process and submit a report with a copy of the exceptions process as part of its certification package. Recordkeeping--The rule requires States to maintain photographs of applicants and records of certain source documents. Paper or microfiche copies of these documents must be retained for a minimum of seven years. Digital images of these documents must be retained for a minimum of ten years. 6 CFR 37.31. Extension Requests--Pursuant to sec. 37.63 of the Final Rule, States granted an initial extension may file a request for an additional extension. Subsequent extensions will be granted at the discretion of the Secretary. The collection of the information will support the information needs of DHS in its efforts to determine State compliance with requirements for issuing REAL ID driver's licenses and identification cards. States may submit the required documents in any format that they choose. DHS has not defined specific format submission requirements for States. DHS will use all of the submitted documentation to evaluate State progress in implementing the requirements of the REAL ID Final Rule. DHS has used information provided under the current collection to grant extensions and track state progress. Submission of the security plan helps to ensure the integrity of the license and identification card issuance and production process and outlines the measures taken to protect personal information collected, maintained, and used by State DMVs. Additionally, the collection will assist other Federal and State agencies conducting or assisting with necessary background and immigration checks for certain employees. The purpose of the name-based and fingerprint based CHRC requirement is to ensure the suitability and trustworthiness of individuals who have the ability to affect the identity information that appears on the license; have access to the production process; or who are involved in the manufacture or issuance of the licenses and identification cards. [[Page 29289]] In compliance with Government Paperwork Elimination Act, States will be permitted to electronically submit the information for their security plans, certification packages, recertifications, extensions, and written exceptions processes. States will be permitted to submit electronic signatures but must keep the original signature on file. Additionally, because they contain sensitive security information (SSI), the security plans must be handled and protected in accordance with 49 CFR part 1520. 6 CFR 37.41(c). The final rule does not dictate how States must submit their employees' fingerprints to the FBI for background checks; however it is assumed States will do so via electronic means or another means determined by the FBI. Information provided will be protected from disclosure to the extent appropriate under applicable provisions of the Freedom of Information Act, the Privacy Act of 1974, the Driver's Privacy Protection Act, as well as DHS's Privacy Impact Assessment for the REAL ID Act. There have been no program changes or new requirements established as a result of this collection request. Extensions were covered in the initial request however it was incorrectly removed from the subsequent request. The Office of Management and Budget is particularly interested in comments which: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Analysis Agency: Office of the Secretary, DHS. Title: REAL ID: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes. OMB Number: 1601-0005. Frequency: Annually. Affected Public: State, local, and tribal governments. Number of Respondents: 56. Estimated Time per Respondent: 1,178 hours. Total Burden Hours: 446,246 hours. Dated: May 5, 2016. Carlene C. Ileto, Executive Director, Enterprise Business Management Office. [FR Doc. 2016-11133 Filed 5-10-16; 8:45 am] BILLING CODE 9110-9B-P
![Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices 29287
The meeting will be closed to the undertake and publish the results of its February 22, 2016 at 81 FR 8736 for a
public in accordance with the Practicability Review. In the 60-day public comment period. Three
provisions set forth in sections Practicability Review, we conclude that, comments were received by DHS. The
552b(c)(4) and 552b(c)(6), title 5 U.S.C., at this time, technology to achieve a purpose of this notice is to allow an
as amended. The grant applications and significant improvement in ballast water additional 30 days for public comments.
the discussions could disclose treatment efficacy onboard vessels DATES: Comments are encouraged and
confidential trade secrets or commercial cannot be practicably implemented. The will be accepted until June 10, 2016.
property such as patentable materials, reason for this determination is that, as This process is conducted in accordance
and personal information concerning of the date of completion of the with 5 CFR 1320.1.
individuals associated with the grant Practicability Review, there are no data ADDRESSES: Interested persons are
applications, the disclosure of which demonstrating that ballast water invited to submit written comments on
would constitute a clearly unwarranted management systems can meet a the proposed information collection to
invasion of personal privacy. discharge standard more stringent than the Office of Information and Regulatory
Name of Committee: National Institute on the existing performance standards. In Affairs, Office of Management and
Minority Health and Health Disparities light of this determination, the Coast Budget. Comments should be addressed
Special Emphasis Panel PA–13–347 NIH Guard has not evaluated whether testing to OMB Desk Officer, Department of
Support for Conferences and Scientific protocols exist which can accurately Homeland Security and sent via
Meetings (Parent R13/U13). measure efficacy of treatment against a electronic mail to oira_submission@
Date: June 27, 2016. performance standard more stringent omb.eop.gov or faxed to (202) 395–5806.
Time: 12:00 p.m. to 5:00 p.m. than the existing performance
Agenda: To review and evaluate grant SUPPLEMENTARY INFORMATION: The REAL
applications.
standards. ID Act of 2005 (the Act) prohibits
Place: National Institutes of Health, Two DATES: The Practicability Review is Federal agencies from accepting State-
Democracy Plaza, 6701 Democracy available on May 11, 2016. issued drivers’ licenses or identification
Boulevard, Bethesda, MD 20852. cards for any official purpose—defined
ADDRESSES: The Practicability Review is
Contact Person: Deborah Ismond, Ph.D., by the Act and regulations as boarding
Scientific Review Officer, Division of available at: http://homeport.uscg.mil/
ballastwater under Regulations and commercial aircraft, accessing Federal
Scientific Programs, National Institute on
Minority Health, and Health Disparities, Policy Documents. facilities, or entering nuclear power
National Institutes of Health, 6707 FOR FURTHER INFORMATION CONTACT: If
plants—unless the license or card is
Democracy Blvd., Suite 800, Bethesda, MD you have questions on this notice, call issued by a State that meets the
20892, (301) 402–1366, ismonddr@ CDR Meridena Kauffman, Chief, requirements set forth in the Act. Title
mail.nih.gov.
Environmental Standards Division (CG– II of Division B of Public Law 109–13,
Dated: May 4, 2016. OES–3), Coast Guard, telephone 202— codified at 49 U.S.C. 30301 note. The
David Clary, 372–1430, email REAL ID regulations, which DHS issued
Meridena.D.Kauffman@uscg.mil. in January 2008, establish the minimum
Program Analyst, Office of Federal Advisory
Committee Policy. standards that States must meet to
Dated: May 5, 2016. comply with the Act. See 73 FR 5272,
[FR Doc. 2016–11029 Filed 5–10–16; 8:45 am] J.G. Lantz, also 6 CFR part 37 (Jan. 29, 2008). These
BILLING CODE 4140–01–P
Director of Commercial Regulations and include requirements for presentation
Standards, U.S. Coast Guard. and verification of documents to
[FR Doc. 2016–11129 Filed 5–10–16; 8:45 am] establish identity and lawful status,
DEPARTMENT OF HOMELAND BILLING CODE 9110–04–P standards for document issuance and
SECURITY security, and physical security
requirements for drivers’ license
Coast Guard DEPARTMENT OF HOMELAND production facilities. For a State to
[Docket No. USCG–2016–0368] SECURITY achieve full compliance, the Department
of Homeland Security (DHS) must make
Practicability Review: Standards for Office of Chief Information Officer; a final determination that the State has
Living Organisms in Ships’ Ballast Agency Information Collection met the requirements contained in the
Water Discharged in United States Activities: REAL ID: Minimum regulations and is compliant with the
Waters Standards for Driver’s Licenses and Act. The regulations include new
Identification Cards Acceptable by information reporting and record
AGENCY: Coast Guard, DHS. Federal Agencies for Official Purposes
ACTION: Notice of availability. keeping requirements for States seeking
AGENCY: Office of the Secretary, DHS. a full compliance determination by
SUMMARY: The Coast Guard announces ACTION:30-Day Notice and request for DHS. As discussed in more detail
the availability of its Practicability comments; Reinstatement with change, below, States seeking DHS’s full
Review conducted for the purpose of 1601–0005. compliance determination must certify
determining whether technology to that they are meeting certain standards
comply with a performance standard SUMMARY: The Department of Homeland in the issuance of drivers’ licenses and
more stringent than that required by the Security, Office of the Secretary, will identification cards and submit security
Coast Guard’s current regulations on submit the following Information plans covering physical security of
Ballast Water Discharges can be Collection Request (ICR) to the Office of document production and storage
mstockstill on DSK3G9T082PROD with NOTICES
practicably implemented and whether Management and Budget (OMB) for facilities as well as security of
testing protocols that can assure review and clearance in accordance personally identifiable information. 6
accurate measurement of compliance with the Paperwork Reduction Act of CFR 37.55(a). States also must conduct
with a more stringent performance 1995 (Pub. L. 104–13, 44 U.S.C. chapter background checks and training for
standard can be practicably 35). DHS previously published this employees involved in the document
implemented. Coast Guard ballast water information collection request (ICR) in production and issuance processes and
regulations require the Coast Guard to the Federal Register on Monday, retain and store applicant photographs
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![Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices 29289
In compliance with Government Affected Public: State, local, and tribal Logistics Management Institute (LMI)
Paperwork Elimination Act, States will governments. and the Retail Cyber Intelligence
be permitted to electronically submit Number of Respondents: 56. Sharing Center (R–CISC). The ISAO SO
the information for their security plans, Estimated Time per Respondent: is working with existing information
certification packages, recertifications, 1,178 hours. sharing organizations, owners and
extensions, and written exceptions Total Burden Hours: 446,246 hours. operators of critical infrastructure,
processes. States will be permitted to Dated: May 5, 2016. relevant agencies, and other public and
submit electronic signatures but must Carlene C. Ileto, private sector stakeholders to identify a
keep the original signature on file. Executive Director, Enterprise Business common set of voluntary standards or
Additionally, because they contain Management Office. guidelines for the creation and
sensitive security information (SSI), the [FR Doc. 2016–11133 Filed 5–10–16; 8:45 am]
functioning of ISAOs.
security plans must be handled and As part of this collaborative,
BILLING CODE 9110–9B–P
protected in accordance with 49 CFR transparent, and industry-driven
part 1520. 6 CFR 37.41(c). The final rule process, the ISAO SO has established
does not dictate how States must submit DEPARTMENT OF HOMELAND six working groups to assist in the
their employees’ fingerprints to the FBI SECURITY development of voluntary standards.
for background checks; however it is This notice is to request comment on
assumed States will do so via electronic [Docket No. DHS–2015–0017] the initial working group draft products.
means or another means determined by Your participation in this comment
Information Sharing and Analysis
the FBI. process is highly encouraged to ensure
Organization
Information provided will be all equities are being met. To join a
protected from disclosure to the extent AGENCY: Department of Homeland working group or to find out how else
appropriate under applicable provisions Security. you can best participate, please visit
of the Freedom of Information Act, the ACTION: Notice and request for www.ISAO.org or email Contact@
Privacy Act of 1974, the Driver’s Privacy comments. ISAO.org.
Protection Act, as well as DHS’s Privacy
SUMMARY: This Notice announces a Meeting Details
Impact Assessment for the REAL ID Act.
There have been no program changes request for public comment on draft To view details on the corresponding
or new requirements established as a products produced by the Information May 19, 2016 in person meeting in
result of this collection request. Sharing and Analysis Organization Anaheim, CA, please visit the Notice of
Extensions were covered in the initial (ISAO) Standards Organization (SO) in Public Meeting Federal Register Notice
request however it was incorrectly partnership with the six established and visit www.ISAO.org.
removed from the subsequent request. ISAO SO Standards Working Groups
(SWG). This is the first iteration of draft Submitting Written Comments
The Office of Management and Budget
is particularly interested in comments products that will be used in the The initial draft documents can be
which: development of voluntary standards for found and comments submitted directly
1. Evaluate whether the proposed Information Sharing and Analysis to the ISAO SO at https://
collection of information is necessary Organizations (ISAOs) as they relate to www.ISAO.org/products/drafts/. This
for the proper performance of the E.O. 13691. method is preferred by the ISAO SO.
functions of the agency, including DATES: The comment period for the first You may also submit written
whether the information will have iteration of the SWG draft voluntary comments to the docket using one of the
practical utility; standards for ISAOs will be open until following methods:
2. Evaluate the accuracy of the Friday, June 17, 2016. Comments will be (1) Federal eRulemaking Portal:
agency’s estimate of the burden of the accepted after this date, but may not be http://www.regulations.gov. Although
proposed collection of information, reflected until later iterations of draft this is not a rulemaking action,
including the validity of the standards documents. comments are being submitted to the
methodology and assumptions used; FOR FURTHER INFORMATION CONTACT: If Federal eRulemaking Portal in an effort
3. Enhance the quality, utility, and you have questions concerning the draft to provide transparency to the general
clarity of the information to be voluntary standards documents, please public.
collected; and contact the ISAO Standards (2) Email: Contact@ISAO.org. Include
4. Minimize the burden of the Organization at Contact@ISAO.org. the docket number in the subject line of
collection of information on those who SUPPLEMENTARY INFORMATION: the message.
are to respond, including through the (3) Mail: ISAO Standards
use of appropriate automated, Background and Purpose Organization, c/o LMI, 1777 NE Loop
electronic, mechanical, or other On February 13, 2015, President 410, Suite 808, San Antonio, TX 78217–
technological collection techniques or Obama signed E.O. 13691 intended to 5217.
other forms of information technology, enable and facilitate ‘‘private To avoid duplication, please use only
e.g., permitting electronic submissions companies, nonprofit organizations, and one of these four methods. All
of responses. executive departments and agencies comments must either be submitted to
. . . to share information related to the online docket on or before June 17,
Analysis
cybersecurity risks and incidents and 2016, or reach the Docket Management
mstockstill on DSK3G9T082PROD with NOTICES
Agency: Office of the Secretary, DHS. collaborate to respond in as close to real Facility by that date.
Title: REAL ID: Minimum Standards time as possible.’’ Comments may be submitted directly
for Driver’s Licenses and Identification In accordance with E.O. 13691, DHS to the ISAO SO using the method
Cards Acceptable by Federal Agencies has entered into a cooperative described above after June 17, 2016.
for Official Purposes. agreement with a non-governmental However, these comments may not be
OMB Number: 1601–0005. ISAO SO led by the University of Texas reflected until later iterations of draft
Frequency: Annually. at San Antonio with support from the standards documents.
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Document Created: 2016-05-11 01:11:21
Document Modified: 2016-05-11 01:11:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 30-Day Notice and request for comments; Reinstatement with change, 1601-0005. | |
| Dates | Comments are encouraged and will be accepted until June 10, 2016. This process is conducted in accordance with 5 CFR 1320.1. | |
| FR Citation | 81 FR 29287 |
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