REAL ID Final Rule

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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations

Impact and Implementation
The change in the coverage of the
New York locality pay area will affect
about 2,300 Federal white-collar
employees of the Department of Justice,
the Department of Defense, and the
Department of Veterans Affairs
stationed at McGuire AFB or Fort Dix,
at an annual cost of about $8 million.

12883, 58 FR 63281, 3 CFR, 1993 Comp., p.
682; and E.O. 13106, 63 FR 68151, 3 CFR,
1998 Comp., p. 224.

Waiver of Notice of Proposed
Rulemaking
Pursuant to 5 U.S.C. 553(b)(3)(B), I
find that good cause exists for waiving
the general notice of proposed
rulemaking. Also pursuant to 5 U.S.C.
553(d)(3), I find that good cause exists
for making this rule effective in less
than 30 days. This notice is being
waived and the regulation is being made
effective in less than 30 days because
the joint base goes into effect on October
1, 2009, and it will have an undesirable
effect on base management to delay the
implementation of a common locality
pay rate for all employees on the base.

*

E.O. 12866, Regulatory Review
The Office of Management and Budget
has reviewed this rule in accordance
with E.O. 12866.
Paperwork Reduction Act
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will apply only to Federal
agencies and employees.
List of Subjects in 5 CFR Part 531
Government employees, Law
enforcement officers, Wages.
John Berry,
Director, U.S. Office of Personnel
Management.

Accordingly, OPM amends 5 CFR part
531 as follows:

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PART 531—PAY UNDER THE
GENERAL SCHEDULE
1. The authority citation for part 531
continues to read as follows:

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Authority: 5 U.S.C. 5115, 5307, and 5338;
sec. 4 of Public Law 103–89, 107 Stat. 981;
and E.O. 12748, 56 FR 4521, 3 CFR, 1991
Comp., p. 316; Subpart B also issued under
5 U.S.C. 5303(g), 5305, 5333, 5334(a) and (b),
and 7701(b)(2); Subpart D also issued under
5 U.S.C. 5335 and 7701(b)(2); Subpart E also
issued under 5 U.S.C. 5336; Subpart F also
issued under 5 U.S.C. 5304 and 5305; E.O.

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Subpart F—Locality-Based
Comparability Payments
2. In § 531.603, paragraph (b)(20) is
revised to read as follows:

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§ 531.603

Locality pay areas.

*
*
*
*
(b) * * *
(20) New York-Newark-Bridgeport,
NY-NJ-CT-PA—consisting of the New
York-Newark-Bridgeport, NY-NJ-CT-PA
CSA, plus Monroe County, PA, Warren
County, NJ, and all of Joint Base
McGuire-Dix-Lakehurst;
*
*
*
*
*
[FR Doc. E9–23359 Filed 9–25–09; 8:45 am]
BILLING CODE 6325–39–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 37
[Docket No. DHS–2006–0030]
RIN 1601–AA37

Minimum Standards for Driver’s
Licenses and Identification Cards
Acceptable by Federal Agencies for
Official Purposes
Office of the Secretary, DHS.
Final rule.

AGENCY:
ACTION:

SUMMARY: Pursuant to the Department of
Homeland Security’s REAL ID
regulations, States seeking an extension
of the date by which they must begin to
comply with REAL ID requirements
currently must submit a request for
extension by October 11, 2009. This
final rule changes that date to December
1, 2009.
DATES: This rule is effective September
28, 2009.
FOR FURTHER INFORMATION CONTACT:
Steve Kozar, Office of State-Issued
Identification Support, Screening
Coordination Office, Department of
Homeland Security, Washington, DC
20528 (202) 447–3368.
SUPPLEMENTARY INFORMATION:

I. Analysis of This Final Rule
The REAL ID Act of 2005 (the Act) 1
prohibits Federal agencies, effective
1 Division B—REAL ID Act of 2005, the
Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami
Relief, 2005, Public Law 109–13m 119 Stat. 231,
302 (May 11, 2005) (codified at 49 U.S.C. 30301
note).

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May 11, 2008, from accepting a driver’s
license or personal identification card
for any official purpose unless the
license or card has been issued by a
State that is meeting the requirements
set forth in the Act. The Act sets forth
certain minimum standards applicable
to the driver’s license issuance process.
Section 205(b) of the REAL ID Act
authorizes the Secretary of Homeland
Security to grant States extensions of
time to meet the requirements of the Act
if the State provides adequate
justification for noncompliance.
On January 29, 2008, DHS
promulgated a final rule implementing
the requirements of the Act. See 73 FR
5272; also 6 CFR part 37. The final rule,
pursuant to the Secretary’s authority
under § 205(b) of the REAL ID Act,
extended the original compliance date
from May 11, 2008 to January 1, 2010,
for each State that timely filed a request
for extension. All States timely filed the
required requests for extensions and
were granted an extension of the
compliance date. The final rule further
provided that any State requiring an
extension of the compliance date must
submit a request for such an extension
to DHS no later than October 11, 2009,
and include with that submission a
material compliance checklist
demonstrating that the State has met
certain compliance milestones. See 6
CFR 37.63.
DHS has determined that additional
time is warranted for States to submit a
request for an additional extension.
Accordingly, under this final rule, DHS
is revising the regulatory text at 6 CFR
37.63(b) to change the deadline by
which States must file a request for an
extension of the compliance date from
October 11, 2009 to December 1, 2009.
II. Regulatory Analyses
A. Administrative Procedure Act
This final rule addresses requirements
that are procedural in nature. This rule
does not change the January 1, 2010
compliance date—the date by which
States must begin to issue licenses and
identification cards that are in
compliance with the standards and
requirements under the REAL ID Act
and regulations—but merely changes
the date by which States may seek a
further extension of that deadline. This
rule, therefore, does not alter the
substantive rights of, nor impose new
requirements on, any State or
individual. This final rule, therefore, is
exempt from notice and comment
requirements under 5 U.S.C. 553(b)(A).
For the same reason, under 5 U.S.C.
553(d)(3), this rule is effective

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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
immediately upon publication in the
Federal Register.

G. Executive Order 13175 (Tribal
Consultation)

B. Executive Order 12866 (Regulatory
Planning and Review)

This rule does not have tribal
implications under Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.

This final rule is not a ‘‘significant
regulatory action’’ under section 3(f)(1)
of Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ therefore the
Office of Management and Budget has
not reviewed this rule. DHS anticipates
that the changed filing deadline in this
final rule will not increase REAL IDrelated compliance costs to the affected
entities and, in most cases, will provide
advantages by changing the filing
deadline.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121), requires Federal agencies
to consider the potential impact of
regulations on small businesses, small
governmental jurisdictions, and small
organizations during the development of
their rules. This final rule, however,
makes changes for which notice and
comment are not necessary.
Accordingly, DHS is not required to
prepare a regulatory flexibility analysis.
5 U.S.C. 603, 604.
D. Paperwork Reduction Act
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).

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E. Executive Order 13132 (Federalism)

H. Executive Order 13211 (Energy
Impact Analysis)
We have analyzed this rule under
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.’’ We have
determined that it is not a ‘‘significant
energy action’’ under that Order and is
not likely to have a significant adverse
effect on the supply, distribution, or use
of energy. Therefore, it does not require
a Statement of Energy Effects under
Executive Order 13211.
List of Subjects in 6 CFR Part 37
Document security, driver’s licenses,
identification cards, incorporation by
reference, motor vehicle
administrations, physical security.
The Amendments
For the reasons set forth above, the
Department of Homeland Security
amends 6 CFR part 37 as follows:

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TITLE 6—DOMESTIC SECURITY

A rule has implications for federalism
under Executive Order 13132,
‘‘Federalism,’’ if it has a substantial
direct effect on State or local
governments and would either preempt
State law or impose a substantial direct
cost of compliance on them. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.

CHAPTER I—DEPARTMENT OF
HOMELAND SECURITY, OFFICE OF THE
SECRETARY

F. Unfunded Mandates Reform Act

Authority: 49 U.S.C. 30301 note; 6 U.S.C.
111, 112.

The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538), requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Unfunded Mandates
Reform Act addresses actions that may
result in the expenditure by a State,
local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. This final rule
will not result in such an expenditure.

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PART 37—REAL ID DRIVER’S
LICENSES AND IDENTIFICATION
CARDS
1. The authority citation for part 105
continues to read as follows:

■

§ 37.63

[Amended]

2. Amend § 37.63(b) by removing the
date ‘‘October 11, 2009’’ and adding in
its place the date ‘‘December 1, 2009’’.

■

Janet Napolitano,
Secretary.
[FR Doc. E9–23381 Filed 9–25–09; 8:45 am]
BILLING CODE 9110–9M–P

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49309

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 354
[Docket No. APHIS–2009–0055]

Commuted Traveltime
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the
regulations concerning overtime
services provided by employees of the
Agency’s Plant Protection and
Quarantine (PPQ) program by adding or
amending commuted traveltime
allowances for travel between certain
locations in the District of Columbia,
Florida, Illinois, and Minnesota.
Commuted traveltime allowances are
the periods of time required for PPQ
employees to travel from their dispatch
points and return there from the places
where they perform Sunday, holiday, or
other overtime duty. The Government
charges a fee for certain overtime
services provided by PPQ employees
and, under certain circumstances, the
fee may include the cost of commuted
traveltime. This action is necessary to
inform the public of commuted
traveltime for these locations.
DATES: Effective Date: September 28,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Terri Burrell, Director, Resource
Management Staff, PPQ, APHIS, 4700
River Road Unit 120, Riverdale, MD
20737–1238; (301) 734–5575.
SUPPLEMENTARY INFORMATION:

Background
The regulations in 7 CFR, chapter III,
require inspection, certification, or
quarantine of certain plants, plant
products, or other commodities
intended for importation into, or
exportation from, the United States.
When these services must be provided
by an employee of the Animal and Plant
Health Inspection Service (APHIS) on a
Sunday or holiday, or at any other time
outside the employee’s regular duty
hours, the Government charges a fee for
the services in accordance with 7 CFR
part 354 for services provided by an
employee of APHIS’ Plant Protection
and Quarantine (PPQ) program. Under
circumstances described in 7 CFR
354.1(a)(2), this fee may include the cost
of commuted traveltime. The
regulations in 7 CFR 354.2 contain
administrative instructions prescribing
commuted traveltime allowances, which

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