Unknown. Final rule; full compliance date

4,245 words·~19 min read·/register/2011/03/07/2011-5002

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-03-07.xml --- 76 44 Monday, March 7, 2011 Contents Administrative Conference of the United States NOTICES Meetings: Committees on Collaborative Governance, Regulation, Rulemaking, Judicial Review, and Adjudication, 12315 2011-5062 Agency Health Agency for Healthcare Research and Quality NOTICES Common Formats for Patient Safety Data Collection and Event Reporting, 12358-12359 2011-4813 Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12315-12316 2011-5005 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12412-12414 2011-5067 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: ASTM International Standards, 12370 2011-4918 Green Seal, Inc., 12370 2011-4923 Open SystemC Initiative, 12371 2011-4916 Portland Cement Association, 12370-12371 2011-4920 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12359-12360 2011-5092 Implementation of the James Zadroga 9/11 Health and Compensation Act of 2010, 12360-12361 2011-5111 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 12361 2011-5102 Update of NIOSH Nanotechnology Strategic Plan for Research and Guidance, 12361-12362 2011-5110 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 12317-12318 2011-5013 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12318 2011-5065 Commission Fine Commission of Fine Arts NOTICES Meetings: Commission of Fine Arts, 12342 2011-4915 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition of Helium, 12357-12358 2011-4770 Science and Technology Reinvention Laboratory Personnel Management Demonstration Project:, etc., 12508-12548 2011-4932 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Permit To Export Controlled Substances / Export Controlled Substances for Re-export, 12371-12372 2011-5052 Dispensing Records of Individual Practitioners, 12372-12373 2011-5054 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12342-12343 2011-5072 Applications for New Awards for Fiscal Year

(FY)2011: Steppingstones of Technology Innovation for Children With Disabilities, 12343-12349 2011-5081 Energy Department Energy Department See Federal Energy Regulatory Commission See Southeastern Power Administration RULES Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products, etc., 12422-12505 2011-3146 Human Reliability Program: Identification of Reviewing Official, 12271-12273 2011-5046 NOTICES Meetings: Environmental Management Site-Specific Advisory Board; NV; Correction, 12349 2011-5050 Environmental Protection Environmental Protection Agency RULES Final Authorization of State-initiated Changes: Texas, 12283-12292 2011-4911 Revisions to the California State Implementation Plan: Imperial County, Kern County, and Ventura County Air Pollution Control Districts, 12280-12283 2011-4914 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Illinois, Missouri, Saint Louis Nonattainment Area; Determination of Attainment of the Fine Particle Standard, 12302-12305 2011-5048 Approval and Promulgation of Implementation Plans: New Mexico; Interstate Transport of Pollution Affecting Visibility and Best Available Retrofit Technology Determination, 12305-12306 2011-5045 Final Authorization of State-initiated Changes: Texas, 12307 2011-4912 Revisions to the California State Implementation Plan: Imperial County, Kern County, and Ventura County Air Pollution Control Districts, 12306-12307 2011-4917 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Underground Storage Tank; Information Request Letters, etc., 12355-12356 2011-5049 Meetings: Method To Assess Climate-Relevant Decisions: Application in Chesapeake Bay; Workshop Cancellation, 12356 2011-5043 Executive Office of the President See Trade Representative, Office of United States Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 12356-12357 2011-5233 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Rolls-Royce plc RB211-Trent 768, 772, and 772B Turbofan Engines, 12277-12278 2011-4831 Amendment to and Revocation of Reporting Points: Hawaii, 12278-12279 2011-4925 Special Conditions: Bell Helicopter Textron Canada Limited Model 206B and 206L Series Helicopters; Installation of a Hoh Aeronautics, Inc., Autopilot/Stabilization Augmentation System, 12274-12277 2011-5103 PROPOSED RULES Amendment of Class E Airspace: Orangeburg, SC, 12298-12300 2011-5096 Safety Management System for Certificated Airports; Extension of Comment Period, 12300-12302 2011-5187 NOTICES Environmental Assessments; Availability, etc.: Renewal of Launch Operator License for Delta II Expendable Launch Vehicles at Cape Canaveral Air Force Station, FL, 12403 2011-5113 Renewal of Launch Operator License for Pegasus Expendable Launch Vehicles at Wallops Flight Facility, VA, 12403-12404 2011-5104 Meetings: Research, Engineering and Development Advisory Committee, 12404 2011-4827 Noise Exposure Map: Jackson-Evers International Airport, Jackson. MS, 12404-12405 2011-5099 Passenger Facility Charge Approvals and Disapprovals, 12405-12408 2011-4828 Request To Release Airport Property: Ellington Field Airport, Houston, TX, 12408 2011-5093 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services: Kualapuu, HI, 12292 2011-5091 PROPOSED RULES Modernizing the FCC Form 477 Data Program; Correction, 12308 2011-5095 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Proposed Flood Elevation Determinations, 12308 C1--2011--2281 NOTICES Major Disaster and Related Determinations: New York, 12362-12363 2011-5018 Oregon, 12363 2011-5019 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 12349-12354 2011-5020 2011-5021 2011-5022 2011-5023 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers: Exemption Applications; Vision, 12408-12410 2011-4941 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities, 12357 2011-5037 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Canaan Valley National Wildlife Refuge, Tucker and Grant Counties, WV, 12365-12367 2011-4043 Foreign Assets Foreign Assets Control Office NOTICES Additional Designation of Entity Pursuant to Executive Order (13382), 12414-12415 2011-5056 Forest Forest Service NOTICES Meetings: El Dorado County Resource Advisory Committee, 12316-12317 2011-5090 Madera County Resource Advisory Committee, 12316 2011-5084 Shoshone Resource Advisory Committee, 12317 2011-4913 Tehama County Resource Advisory Committee, 12317 2011-5088 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition of Helium, 12357-12358 2011-4770 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See National Institutes of Health PROPOSED RULES Designation of Medically Underserved Populations and Health Professional Shortage Areas, 12307-12308 2011-5041 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 12269-12271 2011-5002 Industry Industry and Security Bureau RULES Export Administration Regulations: Application Processing, Issuance, and Denial; Amendment, 12279-12280 2011-5079 NOTICES Temporary Denial of Export Privileges: Mahan Airways, Gatewick LLC, Pejman Mahmood Kosarayanifard and Mahmoud Amini, 12318-12322 2011-5114 Interior Interior Department See Fish and Wildlife Service See National Park Service NOTICES Vendor Outreach Workshop for Small IT Businesses in the National Capitol Region of the United States, 12365 2011-5126 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-4996 12415-12418 2011-4998 2011-5000 2011-5001 2011-5003 Recruitment Notice for the Taxpayer Advocacy Panel, 12418 2011-5004 International Trade Adm International Trade Administration NOTICES Final Results of Expedited Second Sunset Reviews of the Antidumping Duty Orders: Certain Cut-To-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, Japan, and the Republic of Korea, 12322-12323 2011-5125 Final Results of Expedited Third Sunset Review of the Antidumping Duty Order: Certain Cased Pencils from the People's Republic of China, 12323-12325 2011-5123 Preliminary Results of the First Administrative Review of the Antidumping Duty Order, etc.: Small Diameter Graphite Electrodes from the People's Republic of China, 12325-12337 2011-5119 Request for Applicants for Appointment to the United States-Brazil CEO Forum, 12337-12338 2011-5073 Rescission of Antidumping Duty Administrative Reviews: Silicon Metal from the People's Republic of China, 12338-12339 2011-5120 International Trade Com International Trade Commission NOTICES Investigation: Certain Strollers and Playards, 12368-12369 2011-5007 Porcelain on Steel Cooking Ware from China, 12369 2011-5009 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Certification of the Attorney General, Maricopa County, AZ, 12369 2011-5188 Lodging of Consent Decrees Under CERCLA: United States and New Jersey v. Dominick Manzo, Carmella Manzo, and Ace-Manzo, Inc., 12369 2011-5071 Lodging of Consent Decrees under the Clean Water Act, 12369-12370 2011-5017 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition of Helium, 12357-12358 2011-4770 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 12373 2011-5162 National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance: BMW of North America, LLC, 12410-12412 2011-5036 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 12362 2011-5040 National Heart, Lung, and Blood Institute, 12362 2011-5039 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Species: Take Prohibitions to the Upper Columbia River Steelhead Distinct Population Segment; Correction, 12292-12293 2011-5109 Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 12293-12294 2011-5075 PROPOSED RULES Endangered and Threatened Species: 90-day Finding on a Petition to List Six Species of Sawfishes as Endangered or Threatened Species, 12308-12314 2011-5107 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Large Pelagic Fishing Survey, 12340 2011-5033 Southwest Region Vessel Identification Requirements, 12339-12340 2011-5066 Meetings: Gulf of Mexico Fishery Management Council, 12340-12342 2011-5025 2011-5026 Western Pacific Fishery Management Council, 12341 2011-5027 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Visibility Valuation Survey Pilot Study, 12367 2011-4983 Meetings: Denali National Park and Preserve Aircraft Overflights Advisory Council, 12367-12368 2011-4986 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Gulf of Mexico Range Complex, 12342 2011-5055 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Denial of Petition for Rulemaking, 12295-12298 2011-5053 NOTICES Availability of Final Supplement to the Environmental Assessment: Proposed Pa'ina Hawaii, LLC Irradiator in Honolulu, HI, 12373-12374 2011-5058 Office of United States Trade Representative See Trade Representative, Office of United States Securities Securities and Exchange Commission NOTICES Application: Eaton Vance Management, et al., 12374-12380 2011-5064 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 12386-12388 2011-5060 Chicago Board Options Exchange, Inc., 12384-12386, 12388-12390 2011-5061 2011-5063 Financial Industry Regulatory Authority, Inc., 12380-12384 2011-5024 Financial Industry Regulatory Authority, Inc.;, 12390-12394 2011-5080 Selective Selective Service System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12394-12395 2011-5034 Small Business Small Business Administration RULES 8(a) Business Development Program Regulation Changes; Tribal Consultation, 12273-12274 2011-5118 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12395 2011-5042 Meetings: Small Business Jobs Act Implementation, 12395-12397 2011-5010 Social Social Security Administration NOTICES Privacy Act; Systems of Records, 12397-12399 2011-4999 2011-5016 Southeastern Southeastern Power Administration NOTICES Cumberland System of Projects, 12354-12355 2011-5047 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Paris; Life and Luxury, 12399-12400 2011-5124 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 12412 2011-5015 Thrift Supervision Thrift Supervision Office NOTICES Hiring or Indemnifying Senior Executive Officers or Directors, 12418-12419 2011-5108 Trade Representative Trade Representative, Office of United States NOTICES Countervailing and Anti-Dumping Duties : Grain Oriented Flat-rolled Electrical Steel from United States: WTO Dispute Settlement Proceeding Regarding China, 12400-12401 2011-5082 Dispute Settlement Proceedings: China; Certain Measures Affecting Electronic Payment Services, 12401-12403 2011-5121 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12364 2011-5012 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bonded Warehouse Regulations, 12364-12365 2011-5006 Separate Parts In This Issue Part II Energy Department, 12422-12505 2011-3146 Part III Defense Department, 12508-12548 2011-4932 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 44 Monday, March 7, 2011 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 37 [Docket No. DHS-2006-0030] RIN 1601-AA63 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; full compliance date. SUMMARY: Pursuant to the Department of Homeland Security's REAL ID regulations, States must be in full compliance with the REAL ID Act of 2005 by May 11, 2011. This final rule changes that date to January 15, 2013. This change will give States the time necessary to ensure that driver's licenses and identification cards issued by States meet the security requirements of the REAL ID Act. DATES: Effective on March 7, 2011. 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. SUPPLEMENTARY INFORMATION: I. Background 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 issued by a U.S. State for any official purpose unless the license or card has been issued by a State that meets the requirements set forth in the Act. Section 205(b) of the 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 The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Public Law 109-13, 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 extended the full compliance date from May 11, 2008 to May 11, 2011. *See* 6 CFR 37.51(a). To be in full compliance with the Act, States must meet the standards of 6 CFR Part 37, Subparts A through D, or have a REAL ID program that DHS has determined to be comparable to the standards of Subparts A through D. *Id.* States must be fully compliant on or before May 11, 2011. *Id.* At the time DHS promulgated the REAL ID final rule, DHS recognized that many States were having trouble meeting the statutory requirements of the Act. In an attempt to balance DHS's responsibility to ensure that driver's licenses and identification cards intended to be used for official Federal purposes met certain statutory and regulatory requirements with the operational needs of the States, DHS bifurcated the requirements for compliance with the Act. *See* 75 FR 5272 at 5399. DHS required States to demonstrate material compliance with certain elements of the regulation by January 1, 2010, and to be fully compliant with subparts A through D of the regulation on or before May 11, 2011. *See* 6 CFR 37.51(a) and (b). As the REAL ID program has developed further, States have continued to experience trouble meeting the statutory requirements of the Act. As a result of these difficulties, in December 2009, DHS stayed until further notice the date by which states are required to demonstrate material compliance. *See* 74 FR 68477. II. Change of the Full Compliance Date From May 11, 2011 to January 15, 2013 Since promulgation of the REAL ID final rule, DHS has worked very closely with the States to assist with implementation and has awarded large amounts of grant funds. These efforts have assisted States in making significant progress toward meeting most of the REAL ID requirements. Since 2008, DHS has awarded States 150 separate grants that collectively total approximately $175,000,000. Of the grant money expended by the States, the majority has been spent on the following items:

(1)Facility infrastructure upgrades, including security cameras at DMV locations, modification of facilities to limit public access to sensitive equipment and card production materials storage locations, and the addition of or upgrades to security alarms, doors, or other electronic detection equipment;

(2)Upgrades of IT infrastructure or systems overhaul (including modernization of IT systems to ensure all in-State DMVs are interoperable), software upgrades to improve the ability to protect personal identity information, upgrades of network communication, and ensuring the ability to use the DHS Systematic Alien Verification for Entitlements System (SAVE), DHS's electronic immigration verification system;

(3)Document security enhancement, including the development of more tamper-resistant documents with enhanced security features, and the use of facial recognition software to detect a person with multiple identity documents or social security numbers;

(4)Equipment upgrades, including document scanners, high-resolution digital scanners, and high-speed printers; and

(5)Reengineering of business practices, including converting from an over-the-counter issuance to a more secure central issuance process, minimizing the potential for insider fraud. These enhancements have allowed States to make significant progress toward achieving compliance with many parts of the REAL ID regulation, including several provisions of Subpart B (minimum documentation, verification, and card issuance requirements), Subpart C (source document retention and DMV databases), and Subpart D (security at DMVs and driver's license and identification card production facilities). There are, however, still significant portions of the regulation, mostly involving document verification and markings, that most States will be unable to meet by May 11, 2011. The inability of States to fully comply with the requirements of REAL ID by May 11, 2011 is the result of a number of factors, including diminished State budgets caused by the economic downturn and the uncertainty throughout much of the 111th Congress about Congressional action on the PASS ID Act, which would have modified some of the requirements of REAL ID. Implementation of REAL ID involves a significant financial investment, and, despite the receipt of substantial Federal grant funds, a number of States are struggling to come up with the resources necessary to meet the full compliance deadline in these times of budget austerity. Additionally, some States delayed investing in new technology and process changes because of uncertainty associated with Congressional action on the PASS ID Act. PASS ID, which was supported by the Administration as well as State associations, including the National Governor's Association and the American Association of Motor Vehicle Administrators, would have modified certain requirements of REAL ID to facilitate State compliance. States delayed making investments to implement REAL ID to ensure they were not making expenditures to comply with requirements that would have been undone had PASS ID been enacted into law. Now that PASS ID seems unlikely to be enacted, DHS anticipates States will refocus on achieving compliance with the REAL ID requirements. As a result of these factors, and because of the significant progress many States are making towards achieving full compliance, DHS believes that a change of the full compliance deadline from May 11, 2011 to January 15, 2013 is warranted. This change will give States more time to ensure that the documents they issue meet the security requirements of the REAL ID Act. Without this change, as of the full compliance date, licenses and identification cards issued by States will not be accepted for official purposes. “Official purpose” as defined in both the Act and the regulation includes, but is not limited to, accessing Federal facilities and boarding Federally regulated commercial aircraft. Individuals possessing licenses and identification documents issued by non-compliant States would either have to undergo additional screening or provide alternative documents to pass through security at airports and to access Federal facilities. DHS estimates that over 90 percent of the documents shown for identity purposes for boarding Federally regulated commercial aircraft and for accessing Federal facilities are driver's licenses or other State-issued identity documents. Requiring individuals to obtain alternative or additional identity documents or to undergo additional screening would result in significant disruptions to commercial airline travel and to the ability of the public to conduct business with the Federal government. III. Regulatory Analyses A. Administrative Procedure Act The Administrative Procedure Act

(APA)provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for “good cause,” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” *See* 5 U.S.C. 553(b)(B). As discussed above, throughout the development and implementation of the REAL ID program, DHS has engaged in extensive, ongoing discussions with the States regarding their ability to comply with the REAL ID Act and the DHS regulations. Based on those communications, DHS has learned that the States, despite their good-faith efforts, will not be able to meet the May 11, 2011 deadline. If States are unable to meet the May 11, 2011 full compliance deadline, and the deadline is not changed, as of that date, Federal agencies, including the Transportation Security Administration (TSA), cannot accept State-issued driver's licenses or identification cards for use in boarding commercial aircraft. This would severely disrupt commercial aviation, as travelers would either have to obtain and use alternative TSA approved documents or submit to additional screening to pass through security at airports. Thus, it would be contrary to the public interest to inflict a significant and substantial burden on the traveling public and the travel industry. Furthermore, to seek public comment prior to changing the full compliance date would be impracticable, given that such comments could not be received and acted upon prior to the full compliance date. Based on the above, DHS finds that notice and comment rulemaking, in this instance, would be impracticable, unnecessary, and contrary to the public interest. For the same reason, DHS finds good cause to make this rule effective immediately upon publication in the **Federal Register** . *See* 5 U.S.C. 553(d)(3). In addition, because this final rule relieves a restriction, and because the States will now have more time to ensure that the documents they issue meet the security requirements of the REAL ID Act, there is good cause to make this rule effective immediately upon publication in the **Federal Register.** B. Executive Order 13563 and Executive Order 12866 This rule constitutes a “significant regulatory action” under Executive Order 12866, as supplemented by Executive Order 13563, and therefore has been reviewed by the Office of Management and Budget (OMB). Executive Order 12866 defines “significant regulatory action” as one that is likely to result in a rule that may

(1)have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities;

(2)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights or obligations of recipients thereof; or

(4)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. 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 12132 (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 these implications for federalism. 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 million (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 13175 (Energy Impact Analysis) DHS has analyzed this rule under Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.” DHS has 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, Motor vehicle administrations, Physical security. The Amendments For the reasons set forth above, the Department of Homeland Security amends 6 CFR part 37 as follows: PART 37—REAL ID DRIVER'S LICENSES AND IDENTIFICATION CARDS 1. The authority citation for part 37 continues to read as follows: Authority: 49 U.S.C. 30301 note 6 U.S.C. 111, 112. § 37.51 [Amended] 2. Amend § 37.51(a) by removing the date “May 11, 2011” and adding in its place the date “January 15, 2013.” Janet Napolitano, Secretary. [FR Doc. 2011-5002 Filed 3-4-11; 8:45 am]

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