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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices
DEPARTMENT OF HOMELAND
SECURITY
[Docket Number DHS–2022–0019]

Agency Information Collection
Activities: Minimum Standards for
Driver’s Licenses and Identification
Cards Acceptable by Federal Agencies
for Official Purposes, 1601–0005
AGENCY: Department of Homeland

Security (DHS).
ACTION: 60-Day notice and request for

comments.
SUMMARY: 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–2022–0019 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–
0019. 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.

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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 driver’s license
production facilities. For a State to

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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 driver’s 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.
(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

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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.

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

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 fingerprintbased 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

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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.

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Issuance Data
To assist in program administration
and enforcement planning efforts, DHS
is requesting data from the states
describing (1) the total number of
driver’s license/identification card
holders in the state, (2) the total number
of REAL ID compliant licenses and
identification cards issued by the state,
and (3) the total number of
noncompliant licenses and
identification cards issued by the state.
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.
Collection of the issuance data will help
DHS and other federal agencies in
planning for full enforcement.
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, written exceptions
processes, and issuance data. 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

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background checks; however it is
assumed States will do so via electronic
means or another means determined by
the FBI.
The information collection discussed
in this analysis applies to states, state
agencies, and certain employees
involved in the card production process.
Therefore, it is DHS’s belief that the
information collection does not have a
significant impact on a substantial
number of small businesses.
In accordance with the regulations,
submission of certification materials
and security plans will assist DHS in
determining full compliance. DHS may
also review documents, audit processes,
and conduct inspections. Failure to
make a compliance determination
would prevent state-issued licenses and
identification cards from being used for
official purposes, which includes
boarding commercial aircraft and
accessing federal facilities. Additional
requirements for recordkeeping,
document retention and storage, as well
as background checks for certain
employees help to ensure the integrity
of the card production and issuance
process and will assist DHS during
audits or inspections of a state’s
processes. Submission of issuance data
will assist DHS in evaluating individual
state and the overall issuance rate of
REAL IDs, which will help in
enforcement planning efforts.
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 has 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 submission of issuance data by
the states was not included in the
original ICR or its subsequent renewals
or updates.
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;

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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices
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: 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, Tribal
Government.
Number of Respondents: 56.
Estimated Time per Respondent: 1.
Total Burden Hours: 444,134.
Robert Dorr,
Acting Executive Director, Business
Management Directorate.
[FR Doc. 2022–08510 Filed 4–20–22; 8:45 am]
BILLING CODE 9112–FK–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L19900000.PO0000.LLWO320.20X; OMB
Control No. 1004–0001]

Agency Information Collection
Activities; Free Use Application and
Permit for Vegetative or Mineral
Materials
AGENCY: Bureau of Land Management,

Interior.
ACTION: Notice of Information

Collection; request for comment.
SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, the
Bureau of Land Management (BLM)
proposes to renew an information
collection.

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DATES: Interested persons are invited to

submit comments on or before June 21,
2022.
ADDRESSES: Send your written
comments on this information
collection request (ICR) by mail to
Darrin King, Information Collection
Clearance Officer, U.S. Department of
the Interior, Bureau of Land
Management, Attention PRA Office, 440
W 200 S #500, Salt Lake City, UT 84101;
or by email to BLM_HQ_PRA_
[email protected]. Please reference

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Office of Management and Budget
(OMB) Control Number 1004–0001 in
the subject line of your comments.
Please note that due to COVID–19, the
electronic submission of comments is
recommended.
FOR FURTHER INFORMATION CONTACT: To

request additional information about
this ICR, contact Elaine Guenaga by
email at [email protected], or by
telephone at 775–276–0287. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. You may
also view the ICR at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), all
information collections require approval
under the PRA. We may not conduct or
sponsor, and you are not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
We are especially interested in public
comment addressing the following:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How the agency might minimize
the burden of the collection of
information on those who are to
respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of

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information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Free Use vegetative
permits are available for Mining
Claimants, Federal, State, Territorial
agencies, municipalities and
associations or corporations not
organized for profit and they must
certify that the materials will not be
used for commercial or industrial
purposes. Free Use Permits for Mineral
Materials are available to any Federal,
State, or territorial agency, unit, or
subdivision including municipalities or
any non-profit organization. OMB
Control Number 1004–0001 authorizes
the BLM to collect information to
continue the use of separate permit
forms for the free use of vegetative
materials and mineral materials. There
are no changes proposed for the forms.
We are, however, adjusting the total
estimated annual burden hours from
124 hours to 73 hours, a reduction of 51
annual burden hours. The reduction of
annual burden hours results from
adjusting the number of estimated
annual response from 247 to 146. The
number of annual responses is being
adjusted to reflect the average number of
applications received by the BLM over
the past three years. This OMB Control
Number is currently scheduled to expire
on January 31, 2023. The BLM plans to
request that OMB renew this OMB
Control Number for an additional three
years.
Title of Collection: Free Use
Application and Permit for Vegetative or
Mineral Materials (43 CFR parts 3600,
3620, and 5510).
OMB Control Number: 1004–0001.
Form Numbers: 3604–1 a and b, Free
Use Application and Permit for Mineral
Materials; and 5510–1, Free Use
Application and Permit for Vegetative
Materials.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals seeking authorization for

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