Rules and Regulations. Final rule

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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-2019-10-15.xml --- 84 199 Tuesday, October 15, 2019 Contents Agricultural Marketing Agricultural Marketing Service RULES Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2019 Amendments), 55019-55034 2019-22364 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service See Rural Housing Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Establishment of the Alisos Canyon Viticultural Area, 55082-55086 2019-22264 Establishment of the Royal Slope Viticultural Area, 55075-55081 2019-22266 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Performance Progress Report, 55155 2019-22343 Coast Guard Coast Guard RULES Safety Zone: New Orleans, LA, 55057 2019-22409 Rio Vista Bass Derby Fireworks, Sacramento River, Rio Vista, CA, 55057-55058 2019-22300 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 55148 2019-22476 Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bank Enterprise Award Program Application, 55223-55228 2019-22377 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplier Registration Form, 55228-55229 2019-22407 Consumer Product Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 55148-55149 2019-22478 Defense Department Defense Department RULES Voluntary State Tax Withholding From Retired Pay, 55056-55057 2019-21967 PROPOSED RULES Federal Acquisition Regulation: Taxes-Foreign Contracts in Afghanistan; Correction, 55109 2019-22282 NOTICES Voluntary State Tax Withholding From Retired Pay, 55149 2019-21968 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Middle Grades Longitudinal Study of 2017-18 Main Study First Follow-up Data Collection, 55149-55150 2019-22413 Energy Department Energy Department See National Nuclear Security Administration NOTICES Application to Export Electric Energy:

ENMAX Energy Marketing Inc., 55150-55151 2019-22432 Environmental Protection Environmental Protection Agency RULES Significant New Use Rules on Certain Chemical Substances (17-5), 55058-55071 2019-22205 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Infrastructure Requirements for the 2015 Ozone Standard, 55094-55100 2019-22327 Georgia: Revisions to Cross-State Air Pollution Rule, 55107-55109 2019-22326 Idaho; Idaho Portion of the Logan UT-ID 2006 24-Hour PM <sup>2.5</sup> Nonattainment Area;

Moderate Plan Elements, 55100-55103 2019-22438 Montana; State Implementation Plan Revisions for Open Burning, 55104-55107 2019-22206 Export Import Export-Import Bank NOTICES Review of Economic Impact Procedures and Methodology; Extension of Comment Period, 55151 2019-22358 Review of Proposed Guidelines for Assessing Additionality Related to Providing EXIM's Support for Medium and Long Term Export Transactions; Extension of Comment Period, 55151 2019-22362 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Rolls-Royce Deutschland Ltd and Co KG (Type Certificate previously held by Rolls-Royce plc) Turbofan Engines, 55041-55044 2019-22323 Various Transport Airplanes, 55036-55041 2019-22389 PROPOSED RULES Airworthiness Directives: General Electric Company Turbofan Engines, 55073-55075 2019-22393 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55151-55154 2019-22422 2019-22423 2019-22425 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 55154 2019-22582 2019-22583 2019-22584 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Senior Executive Service Performance Review Board, 55154 2019-22384 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting: Proposed 2020-21 Migratory Game Bird Hunting Regulations (Preliminary) with Requests for Indian Tribal Proposals; Meetings, 55120-55129 2019-22151 NOTICES Renewal of Safe Harbor Agreement for OX Ranch, Adams County, Idaho, 55168-55170 2019-22439 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 510(k) Third-Party Review Program, 55155-55158 2019-22345 Guidance for Industry on Registering with the Center for Veterinary Medicine's Electronic Submission System, 55160-55161 2019-22371 Potential Tobacco Product Violations Reporting Form, 55161-55163 2019-22335 Website Location of Center for Devices and Radiological Health Fiscal Year 2020 Proposed Guidance Development, 55158-55160 2019-22370 Forest Forest Service NOTICES Requests for Nominations:

Collaborative Forest Landscape Restoration Advisory Panel, 55134-55135 2019-22341 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation: Taxes—Foreign Contracts in Afghanistan; Correction, 55109 2019-22282 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 55164-55165 2019-22416 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ending the HIV Epidemic Triannual Module, 55163-55164 2019-22395 Single Source Award to the Rural Communities Opioid Response Program—Technical Assistance, 55164 2019-22434 Homeland Homeland Security Department See Coast Guard 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: Deadline for No Longer Accepting Non-Compliant Driver's Licenses and Identification Cards for Official Purposes, 55017-55019 2019-22325 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Extension of Tribal-State Class III Gaming Compact (Standing Rock Sioux Tribe of North and South Dakota and the State of South Dakota), 55171 2019-22452 Meetings:

Advisory Board of Exceptional Children, 55170-55171 2019-22451 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Hearing: Multiple Employer Plans, 55075 2019-22369 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55229-55230 2019-22372 2019-22443 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Finished Carbon Steel Flanges from India, 55141-55142 2019-22430 Oil Country Tubular Goods from the Republic of Turkey, 55139-55141 2019-22532 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Malleable Iron Pipe Fittings from China, 55172-55173 2019-22367 Welded Stainless Steel Pressure Pipe from China, Malaysia, Thailand, and Vietnam, 55171-55172 2019-22340 Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Light-Emitting Diode Products, Systems, and Components Thereof, 55173-55174 2019-22338 Glycine from Thailand, 55172 2019-22421 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55174-55175 2019-22359 2019-22360 Labor Department Labor Department See Mine Safety and Health Administration Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55210-55211 2019-22346 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Maritime Administration Jones Act Vessel Availability Determinations, 55212 2019-22348 Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AD ASTRA (Sailboat), 55211-55212 2019-22349 Vessel CONSTANCE (Motor Vessel), 55214-55215 2019-22350 Vessel ESPRIT (Auxiliary Sailboat), 55218-55219 2019-22351 Vessel MONARCH (Sailboat), 55217-55218 2019-22352 Vessel SEA ESTA (Catamaran), 55215-55216 2019-22353 Vessel SQUID SONG (Motor Vessel), 55213-55214 2019-22354 Vessel SURFRIDER (Motor Vessel), 55212-55213 2019-22355 Vessel SWOOSH (Sailboat), 55209-55210 2019-22356 Vessel TAIL LIGHTS (Motor Vessel), 55208-55209 2019-22357 Vessel VALOR (Sailboat), 55216-55217 2019-22342 Mine Mine Safety and Health Administration NOTICES Petitions for Modification of Application of Existing Mandatory Safety Standards, 55175-55182 2019-22419 2019-22420 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:

Taxes-Foreign Contracts in Afghanistan; Correction, 55109 2019-22282 NOTICES Meetings: Advisory Council, 55183 2019-22337 Advisory Council; Human Exploration and Operations Committee, 55182-55183 2019-22336 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Nissan North America, Inc., 55220-55222 2019-22344 Porsche Cars North America, Inc., 55219-55220 2019-22347 National Institute National Institute of Standards and Technology NOTICES Meetings:

National Voluntary Laboratory Accreditation Program; Workshop for Establishing the System Integration Testing and Operational/User Acceptance Testing Accreditation Program, 55142-55143 2019-22412 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 55165-55166 2019-22368 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 55165-55166 2019-22380 2019-22382 Energy National Nuclear National Nuclear Security Administration NOTICES Proposed Subsequent Arrangement, 55151 2019-22431 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Halibut Deck Sorting Monitoring Requirements for Trawl Catcher/Processors Operating in Non-Pollock Groundfish Fisheries off Alaska, 55044-55055 2019-22198 Pacific Cod in the Central Regulatory Area of the Gulf of Alaska, 55071-55072 2019-22424 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Control Date, 55132-55133 2019-22317 Inspection and Certification of Establishments and Fishery Products for Human Consumption, 55130-55132 2019-22429 NOTICES Endangered and Threatened Species:

Announcement of a Recovery Planning Workshop and Request for Information to Inform Recovery Planning for the Oceanic Whitetip Shark, 55143-55144 2019-22441 Take of Anadromous Fish, 55145-55147 2019-22428 Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 55147-55148 2019-22401 Pacific Fishery Management Council, 55144-55145 2019-22402 2019-22404 South Atlantic Fishery Management Council, 55148 2019-22403 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption Issuance:

Independent Spent Fuel Storage Installation Connecticut Yankee Atomic Power Co., 55185-55187 2019-22406 Inspections, Tests, Analyses, and Acceptance Criteria: Southern Nuclear Operating Co. Inc Vogtle Electric Generating Plant Units 3 and 4, 55183-55184 2019-22383 License Application: SHINE Medical Technologies, LLC, 55187-55188 2019-22396 Meetings; Sunshine Act, 55187 2019-22552 Office Special Office of the Special Counsel NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55188-55189 2019-22410 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans:

Interest Assumptions for Paying Benefits, 55055-55056 2019-22381 Presidential Documents Presidential Documents EXECUTIVE ORDERS Government Agencies and Employees: Agency Guidance Documents; Promotion of Rule of Law Through Improvement Efforts (EO 13891), 55233-55238 2019-22623 Civil Administrative Enforcement and Adjudication; Promotion of Rule of Law Through Transparency and Fairness (EO 13892), 55239-55243 2019-22624 Rural Business Rural Business-Cooperative Service NOTICES Request for Applications:

Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 55135-55139 2019-22366 Rural Housing Service Rural Housing Service RULES Section 538 Guaranteed Rural Rental Housing Program Notice of Funding Availability Elimination, 55034-55036 2019-22426 Securities Securities and Exchange Commission RULES Capital, Margin, and Segregation Requirements for Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital and Segregation Requirements for Broker-Dealers;

Correction, 55055 2019-22053 NOTICES Committee Establishment: Asset Management Advisory Committee, 55190-55191 2019-22391 Meetings: Fixed Income Market Structure Advisory Committee, 55191-55192 2019-22433 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 55201-55205 2019-22386 2019-22387 Municipal Securities Rulemaking Board, 55192-55194 2019-22388 The Options Clearing Corp., 55189-55190, 55194-55201 2019-22385 2019-22392 Small Business Small Business Administration NOTICES Declaration of Economic Injury Disaster:

Alaska, 55205 2019-22400 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: A Universe of Things: Micky Wolfson Collects, 55205-55206 2019-22397 Surface Transportation Surface Transportation Board PROPOSED RULES Demurrage Billing Requirements, 55114-55120 2019-22202 Exclusion of Demurrage Regulation from Certain Class Exemptions, 55109-55114 2019-22201 Susquehanna Susquehanna River Basin Commission NOTICES Grandfathering Registration, 55207 2019-22417 Projects Approved for Consumptive Uses of Water, 55206-55207 2019-22418 Tennessee Tennessee Valley Authority NOTICES Record of Decision:

Cumberland Fossil Plant Coal Combustion Residuals Management Operations, 55207-55208 2019-22440 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration NOTICES Privacy Act; Systems of Records, 55222-55223 2019-22398 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: CDFI Program and NACA Program Application, 55231 2019-22379 Meetings: Debt Management Advisory Committee, 55230-55231 2019-22121 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55167-55168 2019-22375 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Diversion, 55167 2019-22411 Veteran Affairs Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities:

The Genitourinary Diseases and Conditions, 55086-55094 2019-22165 NOTICES Meetings: Creating Options for Veterans Expedited Recovery Commission, 55232 2019-22373 Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 55231-55232 2019-22378 Separate Parts In This Issue Part II Presidential Documents, 55233-55243 2019-22623 2019-22624 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 199 Tuesday, October 15, 2019 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 37 [Docket No. DHS-2006-0030] RIN 1601-AA92 Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes;

Deadline for No Longer Accepting Non-Compliant Driver's Licenses and Identification Cards for Official Purposes AGENCY: Office of Strategy, Policy and Plans, Department of Homeland Security (DHS). ACTION: Final rule. SUMMARY: This final rule amends the REAL ID regulation to clarify that the October 1, 2020, deadline by which Federal agencies may no longer accept non-compliant driver's licenses and identification cards for official purposes applies to all non-compliant cards, including state-issued driver's licenses and identification cards marked to indicate that they may not be used for official Federal purposes.

This regulation is consistent with enforcement dates in previous DHS public statements, information posted on the DHS website, and communication with industry stakeholders. DATES: Effective October 15, 2019. FOR FURTHER INFORMATION CONTACT: Steve Yonkers, Director, Biometrics and Credentialing/REAL ID Program, Department of Homeland Security, Washington, DC 20528, telephone

(202)447-3274; email *Steve.Yonkers@hq.dhs.gov.* SUPPLEMENTARY INFORMATION: Availability of Rulemaking Document You may obtain an electronic copy of the rule using the internet by—

(1)Searching the electronic Federal Docket Management System

(FDMS)web page at *http://www.regulations.gov;* or

(2)Accessing the Government Publishing Office's web page at *http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR* to view the daily published **Federal Register** edition; or accessing the “Search the **Federal Register** by Citation” in the “Related Resources” column on the left, if you need to do a Simple or Advanced search for information, such as a type of document that crosses multiple agencies or dates. In addition, copies are available by writing or calling the individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to identify the docket number of this rulemaking. I. Background The REAL ID Act (the Act) sets minimum security requirements for the issuance and production of State and territory driver's licenses and identification cards in order for Federal agencies to accept these documents for official purposes. 1 Official purposes include:

(1)Accessing Federal facilities;

(2)boarding federally-regulated commercial aircraft;

(3)entering nuclear power plants; and

(4)any other purposes that the Secretary of Homeland Security shall determine. 2 1 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). 2 *Id.* On January 29, 2008, DHS published a final rule implementing the Act's requirements. 3 The regulation includes both a State compliance deadline and a schedule describing when individuals must obtain a compliant driver's license or identification card in order to use that card for official purposes. 4 DHS refers to these two deadlines as “state-based” and “card-based” enforcement, respectively. 5 3 Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Final Rule, 73 FR 5272 (Jan. 29, 2008); codified at 6 CFR part 37 (2008 Final Rule). DHS subsequently issued four other Final Rules amending the regulation, including changes to compliance deadlines and state extension submission dates. *See* 74 FR 49308 (Sep. 28, 2009), 74 FR 68477 (Dec. 28, 2009) (Final Rule, stay), 76 FR 12269 (Mar. 7, 2011), 79 FR 77836 (Dec. 29, 2014). In addition to Final Rules, DHS also published an Information Collection Request in the **Federal Register** in 2016. *See* 81 FR 8736 (Feb. 22, 2016). 4 *See id.* at §§ 37.5(b), 37.51(a). *See* 79 FR 77836 (Dec. 29, 2014). 5 *See https://www.dhs.gov/federal-enforcement.* For state-based enforcement, the regulation prohibits Federal agencies from accepting cards issued by States and territories that are not compliant with the REAL ID standards. 6 DHS incrementally enforced this regulatory deadline through a Phased Enforcement Schedule. 7 This phased schedule included initial enforcement at DHS headquarters, followed by Federal facilities and nuclear power plants. 8 The final phase of the enforcement schedule, applicable to individuals boarding federally-regulated commercial aircraft, began January 22, 2018. 9 6 *See* 6 CFR 37.51(a). 7 *See* DHS Releases Phased Enforcement Schedule for REAL ID, *available at https://www.dhs.gov/news/2013/12/20/dhs-releases-phased-enforcement-schedule-real-id.* 8 *Id.* 9 *See* Statement By Secretary Jeh C. Johnson on the Final Phase of REAL ID Act Implementation, *available at https://www.dhs.gov/news/2016/01/08/statement-secretary-jeh-c-johnson-final-phase-real-id-act-implementation.* Card-based enforcement begins October 1, 2020, pursuant to the regulation. 10 On and after this date, Federal agencies are prohibited from accepting for official purposes a state or territory issued driver's license or identification card unless the card is compliant with the REAL ID Act and regulation. 11 This deadline applies to all cards used for official purposes under the REAL ID Act and regulation. 12 10 6 CFR 37.5(b). 11 *Id.* 12 *Id.* at § 37.3. II. Non-Compliant Cards—Enforcement Deadline Under the REAL ID Act and regulation, once a State is REAL ID compliant, the State is permitted to continue issuing both compliant and non-compliant cards to residents. 13 The non-compliant cards, however, must be “marked” to clearly distinguish both on their face and in the card's machine readable zone that they are not acceptable by Federal agencies for official purposes. 14 DHS approved several variations of this non-compliant marking, including, ” Not For REAL ID Purposes,” “Not Valid for Federal Identification,” “Not Valid for Federal Official Purposes,” “Not Acceptable for Federal Purposes,” “Not for Federal Identification,” and “Federal Limits Apply.” The non-compliant “marked” cards must also have a unique design or color that clearly distinguishes them from the State's REAL ID compliant driver's licenses and identification cards. 15 13 REAL ID Act, sec. 202(d)(11); 6 CFR 37.5, 37.71. 14 *Id.* 15 6 CFR 37.71. The REAL ID regulation provides that beginning October 1, 2020, Federal agencies may only accept for official purposes State or territory-issued licenses and identification cards if those licenses and cards are REAL ID compliant. 16 Although the regulation also notes that Federal agencies will not accept non-compliant “marked” cards for official purposes, it does not reiterate the October 1, 2020, deadline. 17 This final rule clarifies that Federal agencies may no longer accept non-compliant marked cards beginning October 1, 2020. 16 *Id.* at § 37.5(b). In addition to state or territory-issued driver's licenses and identification cards, agencies may accept other forms of identification (for example, a passport), pursuant to their own policies. Individuals should consult in advance with agencies they plan on visiting to obtain information regarding identification requirements. 17 *See id.* at § 37.5(c), “Federal agencies cannot accept for official purpose driver's licenses and identification cards issued under § 37.71 of this rule.” Many REAL ID compliant states offer both compliant and non-compliant cards to their residents. Based on anecdotal information, DHS believes that a significant number of individuals are obtaining non-compliant “marked” cards instead of REAL ID compliant cards. Although non-compliant “marked” cards may be valid for some uses, such as driving, they will not be accepted by Federal agencies for official purposes—including boarding federally-regulated commercial aircraft—beginning October 1, 2020. DHS is providing this clarification to avoid any potential public confusion as the final REAL ID deadline for card-based enforcement approaches. The clarification in this final rule is consistent with DHS's previous public messaging of the regulation's enforcement dates. For example, through press statements, website postings, and stakeholder outreach, DHS explained that Federal agencies may continue to accept all non-compliant cards issued by compliant states and territories (or those with an extension) until October 1, 2020. 18 The Transportation Security Administration

(TSA)also engaged in outreach to stakeholders regarding compliance dates. This outreach included updates during regular briefings for airports, air carriers, and stakeholder groups such as Airports Council International-North America, and the American Association of Airport Executives. In addition, TSA posted REAL ID updates on the Homeland Security Information Network), which is accessible by all regulated domestic airports and air carriers. DHS is continuing efforts to raise awareness with stakeholders and the public concerning the October 1, 2020, deadline. 18 *See, e.g.,* Statement by Secretary Johnson, *supra* n. 9. *See also* REAL ID Federal Enforcement, Frequently Asked Questions, *available at https://www.dhs.gov/federal-enforcement* and *https://www.dhs.gov/real-id-public-faqs.* Some Federal agencies may decide not to accept non-compliant “marked” cards for access to their Federal facilities sooner than the regulatory deadline pursuant to their own authorities and requirements. For example, the U.S. Department of Defense

(DoD)recently finalized an update to its DoD-wide installation security policy that includes a prohibition on the acceptance of non-compliant “marked” cards for purposes of accessing its facilities and installations. Because Federal agencies may only accept compliant State or territory-issued driver's licenses and identification cards for official purposes beginning October 1, 2020, no agency will be able to accept non-compliant cards, including non-compliant “marked” cards for such purposes beginning on that date. 19 19 In addition to licenses and identification cards that are marked non-compliant in accordance with 6 CFR 37.71, licenses and identification cards issued before a state's REAL ID compliance determination and that were not issued in accordance with the REAL ID standards (sometimes referred to as “legacy” cards) are also noncompliant and will not be accepted for official purposes beginning on October 1, 2020. Many individuals rely on their State or territory-issued driver's license or identification card as identification to pass through TSA airport security checkpoints. Beginning October 1, 2020, travelers presenting a non-compliant State or territory-issued driver's license or identification card to TSA will be asked to provide an acceptable form of identification. 20 If the traveler cannot produce an acceptable form of identification or TSA cannot otherwise verify the individual's identity, the individual will not be permitted through the security checkpoint. 20 TSA provides a list of identification currently acceptable at the checkpoint on its website. *See https://www.tsa.gov/travel/security-screening/identification.* DHS encourages individuals to obtain REAL ID compliant cards as soon as possible, particularly if they wish to use a State or territory issued driver's license or identification card to board a federally-regulated commercial aircraft, or for any other official Federal purpose. DHS posted images of both compliant and non-compliant “marked” cards on its website, at *https://www.dhs.gov/real-id#,* to assist individuals in determining whether their driver's license or identification card is REAL ID compliant. A REAL ID compliant card includes a compliance marking (which is a star on the upper portion of the card). Non-compliant “marked” cards include one of several warnings indicating that they are not acceptable for official purposes. Individuals should check with their Department of Motor Vehicles to learn how to obtain a REAL ID compliant license for the applicable State or territory. III. Regulatory Analysis A. Administrative Procedure Act DHS takes this action without prior notice and public comment and with an effective date of less than 30 days after publication in the **Federal Register** . Sections 553(b) and

(d)of the Administrative Procedure Act (5 U.S.C. 553) authorize agencies to dispense with certain notice procedures for rules when they find “good cause” to do so. Under section 553(b), the requirements of notice and opportunity for comment do not apply when the agency for good cause finds that these procedures are “impracticable, unnecessary, or contrary to the public interest.” Section 553(d) allows an agency, upon finding good cause, to make a rule effective immediately, thereby avoiding the 30-day delayed effective date requirement in section 553. This final rule is consistent with DHS's previous messaging regarding the regulation's enforcement dates in public statements, information posted on the DHS website, and communication with industry stakeholders. In these communications, DHS explained that all non-compliant cards issued by compliant states and territories (or those with an extension) will be accepted until October 1, 2020. This final rule does not change when individuals will need to obtain a compliant driver's license or identification card. All individuals still have until October 1, 2020, to obtain a compliant card for official purposes, as defined by the Act and regulation. Given that this final rule simply clarifies what is already widely communicated, and does not change the date by which individuals may no longer use a non-compliant “marked” card, DHS assesses no additional burden to any party from this final rule. Based on the above, DHS finds that notice and public comment to this final rule are impracticable, unnecessary, and contrary to the public interest. B. Paperwork Reduction Act The Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3501 *et seq.* ) requires Federal agencies to consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507(d), obtain approval from the Office of Management and Budget

(OMB)for each collection of information it conducts, sponsors, or requires through regulation. DHS determined that this rule calls for no new collection of information under the PRA. Information collection requirements associated with this final rule previously have been approved by OMB and have been assigned OMB Number: 1601-0005. As protection provided by the Paperwork Reduction Act, as amended, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. C. Executive Orders 12866 and 13563 Assessment Executive Orders 12866 and 13563 direct Federal agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. In conducting these analyses, DHS determined that this rule does not constitute a “significant regulatory action” under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, OMB has not reviewed this rule. DHS anticipates that the clarification of the existing enforcement date in this final rule will not increase REAL ID-related compliance costs to the affected agencies or to the public. D. Regulatory Flexibility Act Assessment 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 government jurisdictions, and small organizations during the development of their rules. This final rule, however, does not make changes for which notice and comment are necessary. Accordingly, DHS is not required to prepare a regulatory flexibility analysis. *See* 5 U.S.C. 603, 604. E. Executive Order 13132 (Federalism) A rule has implications for federalism under Executive Order 13132 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. DHS analyzed this rule under this Order and determined it does not have these implications for federalism. F. Unfunded Mandates Assessment 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 13211 (Energy Impact Analysis) DHS analyzed this rule under Executive Order 13211 and 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. Subpart A—General 2. Revise § 37.5(c) to read as follows: § 37.5 Validity periods and deadlines for REAL ID driver's licenses and identification cards.

(c)Until September 30, 2020, Federal agencies may accept for official purposes a driver's license or identification card issued under § 37.71. On or after October 1, 2020, Federal agencies shall not accept for official purposes a driver's license or identification card issued under § 37.71. Kevin K. McAleenan, Acting Secretary of Homeland Security. [FR Doc. 2019-22325 Filed 10-11-19; 8:45 am]

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