Proposed Rule2021-19812
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
Primary source
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Published
September 16, 2021
Effective
April 19, 2021
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 177 (Thursday, September 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19812]
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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. 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 <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#085b7c6d7e6d26516766636d7a7b486079266c607b266f677e"><span class="__cf_email__" data-cfemail="2576514053400b7c4a4b4e405756654d540b414d560b424a53">[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#377052584550521967524352454452597743445619535f4419505841"><span class="__cf_email__" data-cfemail="abeccec4d9ccce85fbcedfced9d8cec5ebdfd8ca85cfc3d885ccc4dd">[email protected]</span></a>, (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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>,
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 <a href="http://www.iso.org/standard/69084.html">www.iso.org/standard/69084.html</a>.
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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: <a href="https://www.surveymonkey.com/r/DQVJYMK">https://www.surveymonkey.com/r/DQVJYMK</a>. 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]
BILLING CODE 9110-9M-P
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