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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices

OMB Number: 1610–0001.
Frequency: Annually.
Affected Public: Federal Government.
Number of Respondents: 1200.
Estimated Time per Respondent: 0.5
hours (30 minutes).
Total Burden Hours: 600 hours.
Total Burden Cost (capital/startup):
$0.00.
Total Burden Cost (operating/
maintaining): $30,246.00.
Richard Spires,
Chief Information Officer.
[FR Doc. 2011–17936 Filed 7–15–11; 8:45 am]
BILLING CODE 9110–9B–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Agency Information Collection
Activities: Minimum Standards for
Driver’s Licenses and Identification
Cards Acceptable by Federal Agencies
for Official Purposes
Department of Homeland
Security.
ACTION: 60-Day Notice and request for
comments; Revision of a currently
approved collection.
AGENCY:

The Department of Homeland
Security, Office of the Secretary, 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 (Pub. L. 104–13, 44 U.S.C. Chapter
35).
DATES: Comments are encouraged and
will be accepted until September 16,
2011. This process is conducted in
accordance with 5 CFR 1320.1.
ADDRESSES: Written comments and
questions about this Information
Collection Request should be forwarded
to Office of the Secretary, DHS Attn.:
Steve Kozar Steven.Kozar@hq.dhs.gov,
(202) 447–3368.
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

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SUMMARY:

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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 on or before
January 15, 2013, 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.

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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).
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 section
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 section
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;

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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices
• 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 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
fingerprint-based 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, date of birth, or SSN (including
not having an SSN). 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.
The collection of the information will
support the information needs of DHS
in its efforts to determine state

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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.
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 submit the required
information for their security plans,
certification packages, and written
exceptions processes electronically.
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.
This is a revision to the original REAL
ID information request that covered
submissions of material compliance
checklists and requests for extensions to
meet the requirements of the regulation.
This collection is being revised to cover
the collection of information required
under the regulation for full
compliance, including recordkeeping
requirements and employee background
checks, and to include information to
assist DHS in making full compliance
determinations. States seeking
certification of full compliance with the
REAL ID Act must follow the
certification requirements described in

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42133

37.55 of the regulation and referenced in
the response to question one of this
supporting statement. There are no new
or additional costs associated with this
revised information collection. All costs
were included in the REAL ID final rule
that was published in January 2008.
There has been an increase in annual
burden hours associated with this
collection. This increase in burden is a
result of the collection of information
required for full compliance. The
number of respondents also has
increased from 51 to 56, as the
previously approved collection did not
include the five U.S. Territories (Puerto
Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the
Virgin Islands, and American Samoa).
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.
Analysis
Agency: Office of the Secretary, DHS.
Title: REAL ID: Minimum Standards
for Driver’s Licenses and Identification
Cards Acceptable by Federal Agencies.
OMB Number: 1601–0005.
Frequency: Once.
Affected Public: State, Local, and
Tribal Governments.
Number of Respondents: 56.
Estimated Time per Respondent:
1,098 hours.
Total Burden Hours: 443,606.
Richard Spires,
Chief Information Officer.
[FR Doc. 2011–17935 Filed 7–15–11; 8:45 am]
BILLING CODE 9110–9B–P

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