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Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES

ACTION: 30-Day notice and request for

National Institutes of Health

SUMMARY: The Department of Homeland

comments.

National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel; Limited Interaction Targeted
Epidemiology: Viral Suppression (LITE–VS)
(UG3/UH3 Clinical Trial Optional).
Date: November 22, 2022.
Time: 11:00 a.m. to 4:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institute of Allergy and
Infectious Diseases, National Institutes of
Health, 5601 Fishers Lane, Room 3G33,
Rockville, MD 20892 (Virtual Meeting).
Contact Person: Poonam Pegu, Ph.D.,
Scientific Review Officer, Scientific Review
Program, Division of Extramural Activities,
National Institute of Allergy and Infectious
Diseases, National Institutes of Health, 5601
Fishers Lane, Room 3G33, Rockville, MD
20852, 240–292–0719, poonam.pegu@
nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.855, Allergy, Immunology,
and Transplantation Research; 93.856,
Microbiology and Infectious Diseases
Research, National Institutes of Health, HHS)
Dated: October 25, 2022.
Tyeshia M. Roberson-Curtis,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2022–23610 Filed 10–28–22; 8:45 am]
BILLING CODE 4140–01–P

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DEPARTMENT OF HOMELAND
SECURITY
[Docket Number DHS–2022–0019]

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

Security (DHS).

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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. DHS previously
published this information collection
request (ICR) in the Federal Register on
Monday, April 25, 2022, for a 60-day
public comment period and there was
one comment received by DHS. The
purpose of this notice is to allow
additional 30-days for public comments.
DATES: Comments are encouraged and
will be accepted until November 30,
2022. This process is conducted in
accordance with 5 CFR 1320.10.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
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
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

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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
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).

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Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Notices

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).

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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 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

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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
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.
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.

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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
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.

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Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Notices
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;
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.

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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.
Kalinka Cihlar,
Deputy Executive Director, Business
Management Directorate.
[FR Doc. 2022–23630 Filed 10–28–22; 8:45 am]
BILLING CODE 9112–FL–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket Number—DHS–2022–0018]

Real ID Applicant Information and
Documentation
AGENCY: Department of Homeland

Security (DHS).
ACTION: 30-Day notice and request for

comments; Real ID Applicant
Information and Document, OMB 1601–
NEW.
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. DHS previously
published this information collection
request (ICR) in the Federal Register on
Thursday, April 21, 2022, for a 60-day
public comment period and there was
one comment received by DHS. The
purpose of this notice is to allow
additional 30-days for public comments.
DATES: Comments are encouraged and
will be accepted until November 30,
2022. This process is conducted in
accordance with 5 CFR 1320.10.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: The REAL
ID Act of 2005 (the Act) prohibits
Federal agencies from accepting Stateissued drivers’ licenses or identification

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65603

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.
Initial information and Documentation
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
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

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