60 day FRN

8736

Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices

Dated: February 16, 2016.
Ira S. Reese,
Executive Director, Laboratories and
Scientific Services Directorate.
[FR Doc. 2016–03557 Filed 2–19–16; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2016–0009]

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
Office of the Secretary, DHS.
60-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).
DATES: Comments are encouraged and
will be accepted until April 22, 2016.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: You may submit comments,
identified by docket number 2016–0009,
by one of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Please follow the
instructions for submitting comments.
• Email: [email protected]. Please
include docket number DHS–2016–0009
in the subject line of the message.
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

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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
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

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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 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

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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
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.
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
§ 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

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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.
In compliance with GPEA, 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

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8737

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.
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: February 12, 2016.
Carlene C. Ileto,
Executive Director, Enterprise Business
Management Office.
[FR Doc. 2016–03536 Filed 2–19–16; 8:45 am]
BILLING CODE 9110–9B–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Citizenship and
Immigration Services Ombudsman;
Agency Information Collection
Activities: Office of the Citizenship and
Immigration Services Ombudsman
Customer Satisfaction and Needs
Assessment Survey (Ombudsman
Form DHS–NEW)
Office of the Citizenship and
Immigration Services Ombudsman
(CISOMB), DHS.
ACTION: 30-Day notice and request for
comments; new collection, 1601–NEW.
AGENCY:

The Department of Homeland
Security (DHS), Office of the Citizenship
and Immigration Services Ombudsman
(CISOMB), 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, November 9, 2015 at 80 FR

SUMMARY:

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