Minimum Standards for
Driver’s licenses and Identification Cards Acceptable by Federal
Agencies for Official Purposes
New
collection (Request for a new OMB Control Number)
No
Regular
10/25/2024
Requested
Previously Approved
36 Months From Approved
19
0
245
0
325,000
0
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.
US Code:
49
USC 30301 Name of Law: The REAL ID Act of 2005
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:
(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;
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.