Proposed Rule2021-12616
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 16, 2021
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 114 (Wednesday, June 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12616]
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Proposed Rules
Federal Register
________________________________________________________________________
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: <a href="https://app.smartsheet.com/b/form/1a98299bbeeb4e6f988ede29f36d222b">https://app.smartsheet.com/b/form/1a98299bbeeb4e6f988ede29f36d222b</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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,
<a href="/cdn-cgi/l/email-protection#86d5f2e3f0e3a8dfe9e8ede3f4f5c6eef7a8e2eef5a8e1e9f0"><span class="__cf_email__" data-cfemail="cf9cbbaab9aae196a0a1a4aabdbc8fa7bee1aba7bce1a8a0b9">[email protected]</span></a>, (202) 447-3274, or George Petersen, Senior
Program Manager, Enrollment Services and Vetting Programs,
Transportation Security Administration, Springfield, VA 20598,
<a href="/cdn-cgi/l/email-protection#95d2f0fae7f2f0bbc5f0e1f0e7e6f0fbd5e1e6f4bbf1fde6bbf2fae3"><span class="__cf_email__" data-cfemail="4007252f3227256e102534253233252e003433216e2428336e272f36">[email protected]</span></a>, (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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>,
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: <a href="https://www.dhs.gov/real-id/news/2021/04/27/dhs-announces-extension-real-id-full-enforcement-deadline">https://www.dhs.gov/real-id/news/2021/04/27/dhs-announces-extension-real-id-full-enforcement-deadline</a>. 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
<a href="/cdn-cgi/l/email-protection#72363a213f1717061b1c15210702021d0006321b11145c111d1f"><span class="__cf_email__" data-cfemail="4c08041f0129293825222b1f393c3c233e380c252f2a622f2321">[email protected]</span></a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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]
BILLING CODE 9110-9M-P
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