Minimum Standards for Driver’s licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes

Forms and Documents

Document Name	Status
mDL ICR Supporting Statement_Clean 20230418.docx Supporting Statement A	2024-07-05
privacy_pia_realid_1.pdf Supplementary Document	2023-04-13
pia-dhs004a-realid-20080111.pdf Supplementary Document	2023-04-13

IC Document Collections

IC ID	Document Title	Status
259675	Resubmissions of Waiver Applications	New
259674	Waiver Applications	New

ICR Details

OMB Control No:	ICR Reference No: 202304-1652-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DHS/TSA	Agency Tracking No:
Title: Minimum Standards for Driver’s licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/10/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	19	0
Time Burden (Hours)	245	0
Cost Burden (Dollars)	325,000	0

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Abstract: The Transportation Security Administration (TSA) is conducting a rulemaking to amend the regulations to address mDLs through a two-phased, incremental process. In its first phase, TSA is publishing a Notice of Proposed Rulemaking (NPRM) to amend the REAL ID regulations to waive, on a temporary and State-by-State basis, the card-based requirement in Sec. 37.5(b). The temporary waiver enabled by this rule would permit Federal agencies, at their discretion, to continue accepting, for official purposes as defined in the Act and regulations, mDLs (1) from individuals who have been issued a valid and unexpired REAL ID-compliant physical driver’s license or identification card, and (2) issued by States that DHS has determined to be REAL ID-compliant to whom DHS has issued a waiver. In the second phase rulemaking, DHS intends to issue comprehensive requirements for mDLs after emerging industry standards and Federal guidelines are finalized, and at that time would repeal the waiver provisions established in this rule. This dual-phased rulemaking is necessary because DHS believes it is premature to issue comprehensive requirements while multiple standards and guidelines are pending. New section 37.7 of the proposed rule would establish a limited and temporary process for DHS to issue to States a waiver that exempts their mDLs from meeting the card-based compliance requirement of section 37.5(b). This waiver would authorize Federal agencies to accept a State’s mDL for official purposes, but only if in addition to the waiver, the mDL holder has been issued a valid and unexpired REAL ID-compliant physical card by a State that is otherwise in full compliance with applicable REAL ID requirements. The certificate of waiver would include the dates of effectiveness and expiration, and any other terms and conditions as necessary, and would be valid for three years. The waiver would also require a State that receives a waiver to continue complying with all requirements of the REAL ID Act, 6 CFR 37.51(a), and any terms and conditions specified in the certificate of waiver.

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Authorizing Statute(s): US Code: 49 USC 30301 Name of Law: The REAL ID Act of 2005
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1652-AA76	Proposed rulemaking	88 FR 60056	08/30/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Resubmissions of Waiver Applications
Waiver Applications

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	19	0	0	0	19	0
Annual Time Burden (Hours)	245	0	0	0	245	0
Annual Cost Burden (Dollars)	325,000	0	0	0	325,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

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Annual Cost to Federal Government: $34,837

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/05/2024

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