30 Day FRN

Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices
Analysis
Agency: Department of Homeland
Security.
Title: BioWatch Filter Holder Log.
OMB Number: 1601–0006.
Frequency: Daily.
Affected Public: State, Local, and
Tribal Governments.
Number of Respondents: 522.
Estimated Time per Respondent:
0.0167 hours (1 minute).
Total Burden Hours: 3173 hours.
Richard Spires,
Chief Information Officer.
[FR Doc. 2011–17933 Filed 7–15–11; 8:45 am]
BILLING CODE 4410–9B–P

DEPARTMENT OF HOMELAND
SECURITY
Agency Information Collection
Activities: DHS Individual Complaint of
Employment Discrimination
Department of Homeland
Security.
ACTION: 30-Day Notice and request for
comments; Extension without Change.
AGENCY:

The Department of Homeland
Security, Office for Civil Rights and
Civil Liberties, DHS 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
May 2, 2011 at 76 FR 24503 for a 60day public comment period. No
comments were received by DHS. The
purpose of this notice is to allow
additional 30-days for public comments.
DATES: Comments are encouraged and
will be accepted until August 17, 2011.
This process is conducted in accordance
with 5 CFR 1320.10.
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. 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;

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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.
FOR FURTHER INFORMATION CONTACT: If
additional information is required
contact: The Department of Homeland
Security (DHS), Attn: Denise Moore,
[email protected], 202–254–8230.
SUPPLEMENTARY INFORMATION: It is the
policy of the Government of the United
States to provide equal opportunity in
employment for all persons, to prohibit
discrimination in employment because
of race, color, religion, sex, national
origin, age, disability, protected genetic
information, sexual orientation, or
status as a parent, and to promote the
full realization of equal employment
opportunity (EEO) through a continuing
affirmative program in each agency.
Persons who claim to have been
subjected to these types of
discrimination, or to retaliation for
opposing these types of discrimination
or for participating in any stage of
administrative or judicial proceedings
relating to them, can seek a remedy
under Title VII of the Civil Rights Act
(Title VII) (42 U.S.C. 2000e et seq.) (race,
color, religion, sex, national origin), the
Age Discrimination in Employment Act
(ADEA) (29 U.S.C. 621 et seq.) (age), the
Equal Pay Act (29 U.S.C. 206(d)) (sex),
the Rehabilitation Act (29 U.S.C. 791 et
seq.) (disability), the Genetic
Information Nondiscrimination Act
(GINA) (42 U.S.C. 2000ff et seq.)
(genetic information), and Executive
Order 11478 (as amended by Executive
Orders 13087 and 13152) (sexual
orientation or status as a parent).
The Department of Homeland
Security (DHS), Office for Civil Rights
and Civil Liberties (CRCL) adjudicates
discrimination complaints filed by
current and former DHS employees, as
well as applicants for employment to
DHS. The complaint adjudication
process for statutory rights is outlined in
the Equal Employment Opportunity
Commission (EEOC) regulations found
at Title 29, Code of Federal Regulations
Part 1614 and EEO Management
Directive 110. For complaints regarding

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42131

sexual orientation or status as a parent,
DHS follows the same procedures as for
statutory rights, to the extent permitted
by law.
The recordkeeping provisions are
designed to ensure that a current
employee, former employee, or
applicant for employment claiming to
be aggrieved or that person’s attorney
provide a signed statement that is
sufficiently precise to identify the
aggrieved individual and the agency and
to describe generally the action(s) or
practice(s) that form the basis of the
complaint. The complaint must also
contain a telephone number and address
where the complainant or the
representative can be contacted. The
complaint form is used for original
allegations of discrimination but also for
amendments to underlying complaints
of discrimination. The form also
determines whether the person is
willing to participate in mediation or
other available types of alternative
dispute resolution (ADR) to resolve their
complaint; Congress has enacted
legislation to encourage the use of ADR
in the federal sector and the form
ensures that such an option is
considered at this preliminary stage of
the EEO complaint process.
A complainant may access the
complaint form on the agency web site
and may submit a completed complaint
form electronically to the relevant
Component’s EEO Office. The complaint
form can then be directly uploaded into
the DHS EEO Enterprise Complaints
Tracking System, also known as
‘‘iComplaints.’’
There is no change or adjustment to
the burden associated with the
collection of information associated
with the DHS complaint form.
DHS is proposing to make one change
to the DHS compliant form. This change
is the need to add a new checkbox that
says ‘‘pregnancy’’ under and slightly
intended from the existing checkbox
that says ‘‘sex’’ on the form. Pregnancy
discrimination is a form of sex
discrimination, which is covered under
Title VII. So this information is already
included in data gathered in EEO
complaints; adding the separate check
box just more clearly identifies a subcategory. This form modification is in
accordance with new instructions from
EEOC—requiring all government
agencies to specifically identify this
type of information on our complaint
forms.
Analysis
Agency: Department of Homeland
Security, DHS.
Title: DHS Individual Complaint of
Employment Discrimination.

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42132

Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices

OMB Number: 1610–0001.
Frequency: Annually.
Affected Public: Federal Government.
Number of Respondents: 1200.
Estimated Time per Respondent: 0.5
hours (30 minutes).
Total Burden Hours: 600 hours.
Total Burden Cost (capital/startup):
$0.00.
Total Burden Cost (operating/
maintaining): $30,246.00.
Richard Spires,
Chief Information Officer.
[FR Doc. 2011–17936 Filed 7–15–11; 8:45 am]
BILLING CODE 9110–9B–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Agency Information Collection
Activities: Minimum Standards for
Driver’s Licenses and Identification
Cards Acceptable by Federal Agencies
for Official Purposes
Department of Homeland
Security.
ACTION: 60-Day Notice and request for
comments; Revision of a currently
approved collection.
AGENCY:

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).
DATES: Comments are encouraged and
will be accepted until September 16,
2011. This process is conducted in
accordance with 5 CFR 1320.1.
ADDRESSES: Written comments and
questions about this Information
Collection Request should be forwarded
to Office of the Secretary, DHS Attn.:
Steve Kozar [email protected],
(202) 447–3368.
SUPPLEMENTARY INFORMATION: The REAL
ID Act of 2005 (the Act) prohibits
Federal agencies from accepting stateissued 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

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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 driver’s license
production facilities. For a state to
achieve full compliance, the Department
of Homeland Security (DHS) must make
a final determination on or before
January 15, 2013, 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 driver’s 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
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.
(4) The state’s security plan.

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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 section
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 section
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;

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