60-day notice

1601-NEW REAL ID App Info Docn 60DN 87 FR 23878 (4.21.2022).pdf

Real ID Applicant Information and Documentation

60-day notice

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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices

Committee Name: Substance Abuse and
Mental Health Services
Administration, Center for
Substance Abuse Prevention, Drug
Testing Advisory Board
Dates/Time/Type: June 21st, 2022, from
10:00 a.m. EDT to 2:15 p.m. EDT:
OPEN,
June 21st, 2022, from 2:45 p.m. EDT to
4:30 p.m. EDT: CLOSED,
June 22nd, 2022, from 10:00 a.m. EDT
to 1:00 p.m. EDT: CLOSED
Place: Substance Abuse and Mental
Health Services Administration,
5600 Fishers Lane, Rockville, MD
20857
Contact: Lisa S. Davis, M.S, Social
Science Analyst, Center for
Substance Abuse Prevention, 5600
Fishers Lane, Rockville, Maryland
20857, Telephone: (240) 276–1440,
Email: [email protected].
Anastasia Marie Donovan,
Public Health Advisor, Division of Workplace
Programs.
[FR Doc. 2022–08479 Filed 4–20–22; 8:45 am]
BILLING CODE 4162–20–P

[Docket Number DHS–2022–0018]

Agency Information Collection
Activities: REAL ID Applicant
Information and Documentation
Department of Homeland
Security (DHS).
ACTION: 60-Day notice and request for
comments.
AGENCY:

The Department of Homeland
Security, 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.
DATES: Comments are encouraged and
will be accepted until June 21, 2022.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: You may submit comments,
identified by docket number Docket
#DHS–2022–0018 at:
Æ Federal eRulemaking Portal: http://
www.regulations.gov. Please follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number Docket #DHS–2022–
0018. All comments received will be
posted without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or

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SUMMARY:

17:18 Apr 20, 2022

The REAL
ID Act of 2005 (the Act) prohibits
Federal agencies from accepting Stateissued drivers’ licenses or identification
cards for any official purpose—defined
in the Act and regulations to include
accessing federal facilities, boarding
federally regulated commercial aircraft,
and entering nuclear power plants—
unless the license or card is issued by
a State that meets the requirements set
forth in the Act. The REAL ID
regulations, which DHS issued in
January 2008, establish the minimum
standards that States must meet to
comply with the Act. DHS has a
separate collection of information
related to DHS interaction with States,
e.g., State certification (see OMB Control
No. 1601–0005). By contrast to that
collection of information, this collection
of information relates to the States’
collection of information from driver’s
license applicants.

SUPPLEMENTARY INFORMATION:

Initial Information and Documentation

DEPARTMENT OF HOMELAND
SECURITY

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comments received, go to http://
www.regulations.gov.

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The Act and regulations also prescribe
the documents and information an
individual must present as proof of
identity and lawful status when
applying for a REAL ID compliant
license or identification card. This
includes information and
documentation establishing a person’s
identity, date of birth, social security
number, residence address, and
evidence of U.S. citizenship or lawful
status in the United States.
Additionally, states may permit an
applicant to establish a name other than
the name that appears on a source
document but must require evidence of
the name change through presentation
of documents issued by a court,
governmental body or other entity as
determined by the state. The costs of
these activities are one-time costs
because they accrue as part of the initial
issuance process only.
Reissuance and Renewal
With certain exceptions, the REAL ID
regulations generally permit an
applicant to renew or obtain a reissued
replacement REAL ID license or
identification card remotely and
without presenting additional
documentation or information. States
may not, however, remotely renew or
reissue a replacement license or
identification card where there has been
a material change in any personally
identifiable information since the prior
issuance. In such cases, an applicant
must present documentation
establishing the material change. The

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regulations also require applicants to
renew their REAL ID licenses and
identification cards in-person at least
once every sixteen years. Additionally,
holders of temporary or limited-term
REAL ID driver’s licenses and
identification cards must present
evidence of continued lawful status
when renewing their license or
identification card.
In addition to requiring applicants to
present certain identity and lawful
status documentation and information
as described in paragraph 1 above, the
REAL ID Act and regulations require
states to verify and retain copies of that
information. These requirements help
states to ensure the authenticity of an
applicant’s information and reduce
opportunities for fraud in the
application and document issuance
process. The regulations specifically
require states to verify identity and
lawful status information and
documentation presented by an
applicant to ensure (1) the source
document provided is genuine and has
not been altered (‘‘document
authentication’’), and (2) the identity
data contained on the document is valid
(‘‘data verification’’). States must verify
documents and information provided by
an applicant with the issuer of the
document and use electronic validation
systems as they become available for
use. For example, to verify an
applicant’s lawful status in the United
States, the regulations require states to
verify a document issued by the
Department of Homeland Security
through the use of the Systematic Alien
Verification for Entitlements (SAVE)
system or alternate method approved by
DHS. Similarly, states must verify
documents issued by the U.S.
Department of State, including U.S.
passports, with the Department of State,
social security information with the
Social Security Administration, and
birth certificates using the Electronic
Verification of Vital Events (EVVE)
system or other electronic system when
the records are available. The
regulations also require state
department of motor vehicle employees
who are involved in the handling of an
applicant’s source documents or who
are engaged in the issuance of driver’s
licenses and identification cards to
undergo periodic fraudulent document
recognition training and security
awareness training. The Act and
regulations also require states to retain
copies of the application, declaration,
and source documents, including
documents establishing name changes
for either seven years or ten years
depending on whether the documents

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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices
are retained electronically or in paper
format.
Applicants for REAL ID licenses and
identification cards generally submit
their documentation and information inperson at a state DMV office. During the
application process the state will review
and make copies of an applicant’s
information, collect the completed
application, take the applicant’s
photograph, and obtain a declaration
that the information presented is true
and correct. Although this transaction
generally occurs in-person, DHS has
provided guidance authorizing states to
allow applicants to pre-submit identity
and lawful status source documents
through a secure electronic process in
advance of an in-person DMV visit at
which time the applicant would
physically present those same
documents for authentication and
verification by DMV personnel. States
that utilize this process have indicated
that it helps to ensure an applicant has
the correct information and reduces
customer wait times by allowing the
state to electronically copy the
information in advance of the visit.
In December 2020, Congress enacted
the REAL ID Modernization Act, which
includes provisions that would allow
states to accept applicant information
through electronic transmission
methods following the DHS issuance of
regulations and state certification that
they comply with those regulations.
DHS is in the process of developing
regulations to implement this provision,
which when implemented by the state
could help to reduce the burden’s
associated with an in-person DMV visit
to obtain a REAL ID compliant license
or identification card.
The information collection discussed
in this analysis applies to applicant’s for
REAL ID licenses and identification
cards. Therefore, it is DHS’s belief that
the information collection does not have
a significant impact on a substantial
number of small businesses.
Without the presentation, verification,
and retention of applicant identity and
lawful status documentation and
information, states would be unable to
comply with REAL ID requirements. As
a consequence, individuals would be
unable to use their state-issued driver’s
license or identification card for REAL
ID official purposes.
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;

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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: Department of Homeland
Security (DHS).
Title: REAL ID Applicant Information
and Documentation.
OMB Number: 1601–NEW.
Frequency: Annually.
Affected Public: Public.
Number of Respondents: 89,958,000.
Estimated Time per Respondent: 2.42.
Total Burden Hours: 34,887,000.
Robert Dorr,
Acting Executive Director, Business
Management Directorate.
[FR Doc. 2022–08509 Filed 4–20–22; 8:45 am]
BILLING CODE 9112–FL–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket Number DHS–2022–0020]

Agency Information Collection
Activities: Migrant Protection
Protocols (MPP) Disenrollment
Request System
Department of Homeland
Security (DHS).
ACTION: 5-Day notice and request for
comments.
AGENCY:

The Department of Homeland
Security, 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.
DATES: Comments are encouraged and
will be accepted until April 26, 2022.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: You may submit comments,
identified by docket number Docket
#DHS–2022–0020, at:
Æ Federal eRulemaking Portal: http://
www.regulations.gov. Please follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
SUMMARY:

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23879

docket number Docket #DHS–2022–
0020. All comments received will be
posted without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.
The
Department of Homeland Security
(DHS) Headquarters (HQ) Migrant
Protection Protocols (MPP) program is a
U.S. Government program, initiated in
January 2019 pursuant to Section
235(b)(2)(C) of the Immigration and
Nationality Act (INA). Under MPP, the
United States returns to Mexico certain
citizens and nationals of countries in
the Western Hemisphere other than
Mexico while their U.S. removal
proceedings are pending.
On June 1, 2021, the Secretary of
Homeland Security determined that
MPP should be terminated and issued a
memorandum to that effect. On August
13, 2021, however, the U.S. District
Court for the Northern District of Texas
determined in Texas v. Biden that the
June 1, 2021 memo was not issued in
compliance with the Administrative
Procedure Act and INA and ordered
DHS to ‘‘enforce and implement MPP in
good faith.’’ See Texas v. Biden, No.
2:21–cv–067, 2021 WL 3603341 (N.D.
Tex. Aug. 13, 2021).
On October 29, 2021, after an
extensive and comprehensive review,
the Secretary of Homeland Security
issued a new memorandum terminating
MPP, which DHS will implement as
soon as practicable after issuance of a
final judicial decision to vacate the
Texas injunction. Until that time, the
Department continues to comply with
the Texas injunction requiring goodfaith implementation and enforcement
of MPP. To carry out the court order
requiring good-faith implementation
and enforcement of MPP, the
Department is proposing a new data
collection. To achieve efficiencies and
ensure consistency with MPP guidance,
DHS seeks to create a public-facing MPP
Disenrollment Request website.
All information entered by
individuals into the MPP Disenrollment
Request System will be used by DHS
employees and staff to determine
whether, consistent with DHS MPP
guidance, an individual should be
disenrolled from MPP. Decisions
whether to enroll or disenroll
individuals from MPP are at DHS’s
discretion, and the disenrollment
request process does not create any
obligation or private right of action
enforceable in administrative or judicial

SUPPLEMENTARY INFORMATION:

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