[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49308-49309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23381]



Office of the Secretary

6 CFR Part 37

[Docket No. DHS-2006-0030]
RIN 1601-AA37

Minimum Standards for Driver's Licenses and Identification Cards 
Acceptable by Federal Agencies for Official Purposes

AGENCY: Office of the Secretary, DHS.

ACTION: Final rule.


SUMMARY: Pursuant to the Department of Homeland Security's REAL ID 
regulations, States seeking an extension of the date by which they must 
begin to comply with REAL ID requirements currently must submit a 
request for extension by October 11, 2009. This final rule changes that 
date to December 1, 2009.

DATES: This rule is effective September 28, 2009.

FOR FURTHER INFORMATION CONTACT: Steve Kozar, Office of State-Issued 
Identification Support, Screening Coordination Office, Department of 
Homeland Security, Washington, DC 20528 (202) 447-3368.


I. Analysis of This Final Rule

    The REAL ID Act of 2005 (the Act) \1\ prohibits Federal agencies, 
effective May 11, 2008, from accepting a driver's license or personal 
identification card for any official purpose unless the license or card 
has been issued by a State that is meeting the requirements set forth 
in the Act. The Act sets forth certain minimum standards applicable to 
the driver's license issuance process. Section 205(b) of the REAL ID 
Act authorizes the Secretary of Homeland Security to grant States 
extensions of time to meet the requirements of the Act if the State 
provides adequate justification for noncompliance.

    \1\ Division B--REAL ID Act of 2005, the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and 
Tsunami Relief, 2005, Public Law 109-13m 119 Stat. 231, 302 (May 11, 
2005) (codified at 49 U.S.C. 30301 note).

    On January 29, 2008, DHS promulgated a final rule implementing the 
requirements of the Act. See 73 FR 5272; also 6 CFR part 37. The final 
rule, pursuant to the Secretary's authority under Sec.  205(b) of the 
REAL ID Act, extended the original compliance date from May 11, 2008 to 
January 1, 2010, for each State that timely filed a request for 
extension. All States timely filed the required requests for extensions 
and were granted an extension of the compliance date. The final rule 
further provided that any State requiring an extension of the 
compliance date must submit a request for such an extension to DHS no 
later than October 11, 2009, and include with that submission a 
material compliance checklist demonstrating that the State has met 
certain compliance milestones. See 6 CFR 37.63.
    DHS has determined that additional time is warranted for States to 
submit a request for an additional extension. Accordingly, under this 
final rule, DHS is revising the regulatory text at 6 CFR 37.63(b) to 
change the deadline by which States must file a request for an 
extension of the compliance date from October 11, 2009 to December 1, 

II. Regulatory Analyses

A. Administrative Procedure Act

    This final rule addresses requirements that are procedural in 
nature. This rule does not change the January 1, 2010 compliance date--
the date by which States must begin to issue licenses and 
identification cards that are in compliance with the standards and 
requirements under the REAL ID Act and regulations--but merely changes 
the date by which States may seek a further extension of that deadline. 
This rule, therefore, does not alter the substantive rights of, nor 
impose new requirements on, any State or individual. This final rule, 
therefore, is exempt from notice and comment requirements under 5 
U.S.C. 553(b)(A). For the same reason, under 5 U.S.C. 553(d)(3), this 
rule is effective

[[Page 49309]]

immediately upon publication in the Federal Register.

B. Executive Order 12866 (Regulatory Planning and Review)

    This final rule is not a ``significant regulatory action'' under 
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and 
Review,'' therefore the Office of Management and Budget has not 
reviewed this rule. DHS anticipates that the changed filing deadline in 
this final rule will not increase REAL ID-related compliance costs to 
the affected entities and, in most cases, will provide advantages by 
changing the filing deadline.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121), requires Federal agencies to consider the 
potential impact of regulations on small businesses, small governmental 
jurisdictions, and small organizations during the development of their 
rules. This final rule, however, makes changes for which notice and 
comment are not necessary. Accordingly, DHS is not required to prepare 
a regulatory flexibility analysis. 5 U.S.C. 603, 604.

D. Paperwork Reduction Act

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Executive Order 13132 (Federalism)

    A rule has implications for federalism under Executive Order 13132, 
``Federalism,'' if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Unfunded Mandates Reform Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 (adjusted for inflation) or more in any one year. This 
final rule will not result in such an expenditure.

G. Executive Order 13175 (Tribal Consultation)

    This rule does not have tribal implications under Executive Order 
13175, ``Consultation and Coordination with Indian Tribal 
Governments,'' because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

H. Executive Order 13211 (Energy Impact Analysis)

    We have analyzed this rule under Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.'' We have determined that it is not a 
``significant energy action'' under that Order and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 6 CFR Part 37

    Document security, driver's licenses, identification cards, 
incorporation by reference, motor vehicle administrations, physical 

The Amendments

For the reasons set forth above, the Department of Homeland Security 
amends 6 CFR part 37 as follows:




1. The authority citation for part 105 continues to read as follows:

    Authority:  49 U.S.C. 30301 note; 6 U.S.C. 111, 112.

Sec.  37.63  [Amended]

2. Amend Sec.  37.63(b) by removing the date ``October 11, 2009'' and 
adding in its place the date ``December 1, 2009''.

Janet Napolitano,
[FR Doc. E9-23381 Filed 9-25-09; 8:45 am]