30 day FRN

1601-0005_30 day FRN published.pdf

REAL ID: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies

30 day FRN

OMB: 1601-0005

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Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable materials,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute on
Minority Health and Health Disparities
Special Emphasis Panel PA–13–347 NIH
Support for Conferences and Scientific
Meetings (Parent R13/U13).
Date: June 27, 2016.
Time: 12:00 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, Two
Democracy Plaza, 6701 Democracy
Boulevard, Bethesda, MD 20852.
Contact Person: Deborah Ismond, Ph.D.,
Scientific Review Officer, Division of
Scientific Programs, National Institute on
Minority Health, and Health Disparities,
National Institutes of Health, 6707
Democracy Blvd., Suite 800, Bethesda, MD
20892, (301) 402–1366, ismonddr@
mail.nih.gov.
Dated: May 4, 2016.
David Clary,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–11029 Filed 5–10–16; 8:45 am]
BILLING CODE 4140–01–P

BILLING CODE 9110–04–P

Coast Guard

DEPARTMENT OF HOMELAND
SECURITY

[Docket No. USCG–2016–0368]

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

Practicability Review: Standards for
Living Organisms in Ships’ Ballast
Water Discharged in United States
Waters
Coast Guard, DHS.
Notice of availability.

AGENCY:

The Coast Guard announces
the availability of its Practicability
Review conducted for the purpose of
determining whether technology to
comply with a performance standard
more stringent than that required by the
Coast Guard’s current regulations on
Ballast Water Discharges can be
practicably implemented and whether
testing protocols that can assure
accurate measurement of compliance
with a more stringent performance
standard can be practicably
implemented. Coast Guard ballast water
regulations require the Coast Guard to

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SUMMARY:

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Dated: May 5, 2016.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2016–11129 Filed 5–10–16; 8:45 am]

DEPARTMENT OF HOMELAND
SECURITY

ACTION:

undertake and publish the results of its
Practicability Review. In the
Practicability Review, we conclude that,
at this time, technology to achieve a
significant improvement in ballast water
treatment efficacy onboard vessels
cannot be practicably implemented. The
reason for this determination is that, as
of the date of completion of the
Practicability Review, there are no data
demonstrating that ballast water
management systems can meet a
discharge standard more stringent than
the existing performance standards. In
light of this determination, the Coast
Guard has not evaluated whether testing
protocols exist which can accurately
measure efficacy of treatment against a
performance standard more stringent
than the existing performance
standards.
DATES: The Practicability Review is
available on May 11, 2016.
ADDRESSES: The Practicability Review is
available at: http://homeport.uscg.mil/
ballastwater under Regulations and
Policy Documents.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
CDR Meridena Kauffman, Chief,
Environmental Standards Division (CG–
OES–3), Coast Guard, telephone 202—
372–1430, email
[email protected].

Jkt 238001

Office of the Secretary, DHS.
30-Day Notice and request for
comments; Reinstatement with change,
1601–0005.

AGENCY:
ACTION:

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,

SUMMARY:

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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 oira_submission@
omb.eop.gov or faxed to (202) 395–5806.
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
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

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Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices

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

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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.

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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 namebased 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.

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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.

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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

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2015–0017]

Information Sharing and Analysis
Organization
Department of Homeland
Security.
ACTION: Notice and request for
comments.
AGENCY:

This Notice announces a
request for public comment on draft
products produced by the Information
Sharing and Analysis Organization
(ISAO) Standards Organization (SO) in
partnership with the six established
ISAO SO Standards Working Groups
(SWG). This is the first iteration of draft
products that will be used in the
development of voluntary standards for
Information Sharing and Analysis
Organizations (ISAOs) as they relate to
E.O. 13691.
DATES: The comment period for the first
iteration of the SWG draft voluntary
standards for ISAOs will be open until
Friday, June 17, 2016. Comments will be
accepted after this date, but may not be
reflected until later iterations of draft
standards documents.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning the draft
voluntary standards documents, please
contact the ISAO Standards
Organization at [email protected].
SUPPLEMENTARY INFORMATION:
SUMMARY:

Background and Purpose
On February 13, 2015, President
Obama signed E.O. 13691 intended to
enable and facilitate ‘‘private
companies, nonprofit organizations, and
executive departments and agencies
. . . to share information related to
cybersecurity risks and incidents and
collaborate to respond in as close to real
time as possible.’’
In accordance with E.O. 13691, DHS
has entered into a cooperative
agreement with a non-governmental
ISAO SO led by the University of Texas
at San Antonio with support from the

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Logistics Management Institute (LMI)
and the Retail Cyber Intelligence
Sharing Center (R–CISC). The ISAO SO
is working with existing information
sharing organizations, owners and
operators of critical infrastructure,
relevant agencies, and other public and
private sector stakeholders to identify a
common set of voluntary standards or
guidelines for the creation and
functioning of ISAOs.
As part of this collaborative,
transparent, and industry-driven
process, the ISAO SO has established
six working groups to assist in the
development of voluntary standards.
This notice is to request comment on
the initial working group draft products.
Your participation in this comment
process is highly encouraged to ensure
all equities are being met. To join a
working group or to find out how else
you can best participate, please visit
www.ISAO.org or email Contact@
ISAO.org.
Meeting Details
To view details on the corresponding
May 19, 2016 in person meeting in
Anaheim, CA, please visit the Notice of
Public Meeting Federal Register Notice
and visit www.ISAO.org.
Submitting Written Comments
The initial draft documents can be
found and comments submitted directly
to the ISAO SO at https://
www.ISAO.org/products/drafts/. This
method is preferred by the ISAO SO.
You may also submit written
comments to the docket using one of the
following methods:
(1) Federal eRulemaking Portal:
http://www.regulations.gov. Although
this is not a rulemaking action,
comments are being submitted to the
Federal eRulemaking Portal in an effort
to provide transparency to the general
public.
(2) Email: [email protected]. Include
the docket number in the subject line of
the message.
(3) Mail: ISAO Standards
Organization, c/o LMI, 1777 NE Loop
410, Suite 808, San Antonio, TX 78217–
5217.
To avoid duplication, please use only
one of these four methods. All
comments must either be submitted to
the online docket on or before June 17,
2016, or reach the Docket Management
Facility by that date.
Comments may be submitted directly
to the ISAO SO using the method
described above after June 17, 2016.
However, these comments may not be
reflected until later iterations of draft
standards documents.

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