Unknown. Final rule

5,374 words·~24 min read·/register/2020/04/27/2020-08481·

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-2020-04-27.xml --- 85 81 Monday, April 27, 2020 Contents Editorial Note: In the printed version of the Table of Contents of the **Federal Register** for April 24, 2020, FR Doc. 2020-08771, was inadvertently published under the heading, Mine Safety and Health Administration. The notice should have appeared under the heading, Occupational Safety and Health Administration. Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Administrative Procedures Governing Formulation of a Research and Promotion Order, 23246-23248 2020-08410 Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West:

Increased Assessment Rate, 23243-23245 2020-08396 Watermelon Research and Promotion Plan, Realilgnment, 23248-23252 2020-08395 NOTICES Funds Availability: Purchase of Fruit, Vegetable, Dairy, and Meat Products Due to COVID-19 National Emergency—USDA Food Box Distribution Program, 23325-23326 2020-08979 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See National Agricultural Statistics Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Meetings:

General Conference Committee of the National Poultry Improvement Plan and 45th Biennial Conference, 23326 2020-08881 Requests for Nominations: General Conference Committee of the National Poultry Improvement Plan, 23326-23327 2020-08882 Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: Institute of Electrical and Electronics Engineers, 23377 2020-08834 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Treatment of Pandemic Relief Payments under Regulation E and Application of the Compulsory Use Prohibition, 23217-23219 2020-08084 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23357-23364 2020-08788 2020-08793 2020-08794 2020-08787 Change in Reporting Requirements for the Federal Cigarette Labeling and Advertising Act and Comprehensive Smokeless Tobacco Health Education Act, 23359-23360 2020-08797 Meetings: Community Preventive Services Task Force, 23361-23362 2020-08801 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 23359 2020-08808 Requests for Nominations: Community Preventive Services Task Force, 23355-23357 2020-08804 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Program:

Application from Community Health Accreditation Partner for Initial CMS-Approval of Its Home Infusion Therapy Accreditation Program, 23364-23365 2020-08796 Coast Guard Coast Guard RULES Special Local Regulations: Recurring Marine Events, Sector St. Petersburg, 23220-23227 2020-07929 PROPOSED RULES Special Local Regulation: Great Western Tube Float; Colorado River, Parker, AZ, 23264-23266 2020-08393 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23330-23332 2020-08799 2020-08837 Meetings; Sunshine Act, 23330 2020-09015 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulations: Consolidation and Substantial Bundling, 23299-23302 2020-08005 NOTICES Arms Sales, 23332-23342 2020-08785 2020-08786 2020-08790 2020-08791 2020-08792 Delaware Delaware River Basin Commission NOTICES Meetings: Public Hearing and Business Meeting, 23342-23343 2020-08875 Drug Drug Enforcement Administration NOTICES Decision and Order:

Malathy Sundaram, M.D., 23377-23379 2020-08885 Education Department Education Department PROPOSED RULES Proposed Priorities--Innovative Rehabilitation Training Program, 23266-23270 2020-08070 Waiver and Extension of the Project Period for a Grant That Provides Rehabilitation Short Term Training to the Client Assistance Program, 23270-23272 2020-08172 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student Support Services Annual Performance Report, 23343 2020-08876 Applications for New Awards:

Expanding Access to Well-Rounded Courses Demonstration Grants, 23343-23349 2020-08848 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: North Carolina; Miscellaneous Permit Provisions Revisions, 23272-23274 2020-08500 Wisconsin; Redesignation of the Inland Sheboygan, WI Area to Attainment of the 2008 Ozone Standards, 23274-23287 2020-08403 NOTICES Carbaryl and Methomyl Registration Review;

Draft Endangered Species Act Biological Evaluations, 23352-23353 2020-08877 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 23252-23259, 23262-23264 2020-08750 2020-08752 2020-08753 2020-08754 Gulfstream Aerospace LP Airplanes, 23259-23261 2020-08751 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Flight Data Center Web Portal, 23428-23429 2020-08836 Federal Communications Federal Communications Commission PROPOSED RULES Request for Comments:

Auction of Flexible-Use Service Licenses in the 3.7-3.98 GHz Band for Next-Generation Wireless Services; Competitive Bidding Procedures for Auction 107, 23287-23299 2020-06451 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 23349, 23351-23352 2020-08867 2020-08868 2020-08872 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: AES Solutions Management, LLC, 23350 2020-08870 EF Oxnard, LLC, 23349-23350 2020-08871 Lone Tree Wind, LLC, 23350-23351 2020-08873 Mountain Breeze Wind, LLC, 23352 2020-08869 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 23429-23430 2020-08888 2020-08889 Federal Housing Finance Agency Federal Housing Finance Agency RULES Orders:

Reporting by Regulated Entities of Stress Testing Results as of December 31, 2019; Summary Instructions and Guidance, 23219-23220 2020-08146 Federal Maritime Federal Maritime Commission RULES Procedures for Exemption from Service Contract Regulatory Requirements, 23227-23229 2020-09003 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Sending Case Issuances through Electronic Mail, 23353 2020-08816 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 23353 2020-08866 Federal Trade Federal Trade Commission NOTICES Meetings:

Public Workshop Related to Proposed Changes to the Safeguards Rule, Postponement, 23354-23355 2020-08800 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removing Arenaria cumberlandensis (Cumberland Sandwort) from the Federal List, 23302-23315 2020-08398 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Infant Formula Recall Regulations, 23367-23369 2020-08894 Guidance:

Standardized Medicated Feed Assay Limits, 23369-23370 2020-08890 Office of Minority Health and Health Equity Strategic Priorities, 23366-23367 2020-08878 Prospective Grant of an Exclusive Patent License: Development, Production, and Commercialization of a Seasonal Influenza Vaccine, 23365-23366 2020-08879 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 23433-23435 2020-08880 2020-08884 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations:

Consolidation and Substantial Bundling, 23299-23302 2020-08005 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Commission on Childhood Vaccines, 23370-23371 2020-08883 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services RULES Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes, 23205-23208 2020-08481 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Capital Fund Program, 23372-23373 2020-08845 Industry Industry and Security Bureau NOTICES Meetings: Transportation and Related Equipment Technical Advisory Committee, 23327-23328 2020-08835 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Wireless Mesh Networking Products and Related Components Thereof, 23376-23377 2020-08831 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel AQUARII (Motor Vessel), 23432-23433 2020-08863 Vessel BOMAC (Motor Vessel), 23430-23431 2020-08864 Vessel TIME OUT (Catamaran), 23431-23432 2020-08861 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations:

Consolidation and Substantial Bundling, 23299-23302 2020-08005 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23327 2020-08850 National Council National Council on Disability NOTICES Meetings: National Council on Disability, 23379 2020-08807 National Credit National Credit Union Administration RULES Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Program Loans, 23212-23217 2020-08920 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Northeast Multispecies Fishery; 2020 Allocation of Northeast Multispecies Annual Catch Entitlements and Modifications to a Regulatory Exemption for Sectors, 23229-23240 2020-08399 Northeast Skate Complex; Framework Adjustment 8 and 2020-2021 Specifications, 23240-23242 2020-07805 PROPOSED RULES Atlantic Highly Migratory Species: Modify North Atlantic Swordfish and Shark Retention Limits for Certain Permit Holders and Add Inseason Adjustment Authorization Criteria, 23315-23324 2020-08426 NOTICES Closure of Administrative Appeal Decision Record:

Federal Consistency Appeal by WesternGeco of South Carolina Objection, 23328 2020-08849 National Science National Science Foundation NOTICES Request for Information: Development of the Next 5-Year Arctic Research Plan: 2022-2026, 23379 2020-08857 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Holtec International HI-STORE Consolidated Interim Storage Facility Project, 23382-23383 2020-08826 Exemption: Virginia Electric and Power Co.;

Surry Power Station, Units 1 and 2, 23380-23382 2020-08847 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pro Bono Survey, 23328-23329 2020-08893 Charter Renewals: National Medal of Technology and Innovation Nomination Evaluation Committee, 23329-23330 2020-08896 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: It's Time to Sign Up for Direct Deposit or Direct Express, 23383 2020-08865 Presidential Documents Presidential Documents PROCLAMATIONS Immigration and Naturalization:

Immigrants; Suspension of Entry Into U.S. Who Present a Risk to U.S. Labor Market During Economic Recovery Following 2019 Novel Coronavirus Outbreak (Proc. 10014), 23439-23444 2020-09068 Reclamation Reclamation Bureau NOTICES Intent to Accept Proposals, Select Lessee, and Contract: Pumped-Storage Hydroelectric Power Development on Seminoe Reservoir, Kendrick Project, Wyoming, 23373-23376 2020-08832 Rural Utilities Rural Utilities Service RULES Implementation of Water and Environmental Provisions of the Agricultural Improvement Act of 2018, 23208-23212 2020-08034 Securities Securities and Exchange Commission NOTICES Application:

Invesco Advisers, Inc., et al., 23421-23428 2020-08825 Principal Funds, Inc., et al., 23398-23404 2020-08824 Joint Industry Plan: Order Approving the Twentieth Amendment to the National Market System Plan to Address Extraordinary Market Volatility by Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., et al., 23383-23384 2020-08795 Meetings; Sunshine Act, 23407 2020-08977 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 23392-23393 2020-08810 Cboe BZX Exchange, Inc., 23408-23411, 23417-23418 2020-08811 2020-08813 Cboe EDGA Exchange, Inc., 23411-23413 2020-08823 Cboe EDGX Exchange, Inc., 23396-23398 2020-08819 Nasdaq PHLX, LLC, 23404-23407 2020-08821 New York Stock Exchange, LLC, 23389-23392, 23413-23416 2020-08815 2020-08818 NYSE Arca, Inc., 23418-23421 2020-08809 NYSE Chicago, Inc., 23384-23388 2020-08812 The Nasdaq Stock Market, LLC, 23393-23396 2020-08814 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES 2020 Report on the Effectiveness of the Terrorism Risk Insurance Program, 23435-23436 2020-08817 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Multiple Financial Crimes Enforcement Network Information Collection Requests, 23436 2020-08827 Meetings: Advisory Committee on Risk-Sharing Mechanisms, 23436-23437 2020-08820 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Carrier Documentation, 23371 2020-08833 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: VA Form 26-6705, Offer to Purchase and Contract of Sale, VA Form 26-6705b, Credit Statement of Prospective Purchaser, and VA Form 26-6705d, Addendum to VA Form 26-6705 (VIRGINIA), 23438 2020-08891 Meetings: Advisory Committee on Cemeteries and Memorials, 23437 2020-08887 Separate Parts In This Issue Part II Presidential Documents, 23439-23444 2020-09068 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. 85 81 Monday, April 27, 2020 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 37 RIN 1601-AA97 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: This rule delays the date for card-based enforcement of the REAL ID regulations from October 1, 2020 until October 1, 2021. Beginning on that date, federal agencies may not accept a state-issued driver's license or identification card for official purposes from any individual unless such license or card is a REAL ID compliant driver's license or identification card issued by a state that DHS has determined is in full compliance as defined under this part.

The regulations also permit federal agencies to accept for official purposes until September 30, 2020, certain non-compliant driver's licenses and identification cards. This rule extends that date, authorizing federal agencies to continue to accept non-compliant driver's licenses and identification cards until the new card-based enforcement deadline. DATES: Effective on April 27, 2020. FOR FURTHER INFORMATION CONTACT: Steve Yonkers, Director, Biometrics and Credentialing/REAL ID Program; telephone

(202)447-3274; email *steve.yonkers@hq.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Background A. The REAL ID Act, Implementing Regulations, and Phased Enforcement The REAL ID Act (the Act) sets minimum security requirements for the issuance and production of driver's licenses and identification cards issued by the states, territories, and the District of Columbia 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, Div. B. title II, sections 201 to 207, May 11, 2005, as amended (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 deadline for state compliance with the REAL ID requirements and a deadline by which individuals must obtain a REAL ID compliant license or identification card in order to use that document for official purposes. 4 DHS refers to these deadlines as “state-based” and “card-based” enforcement, respectively. 3 *See* 73 FR 5272 (Jan. 29, 2008) (codified as amended at 6 CFR part 37). 4 6 CFR 37.51(a) and 37.5. For state-based enforcement, the Act and regulation prohibits federal agencies from accepting licenses and cards issued by states that are not compliant with the REAL ID standards as determined by DHS. On March 7, 2011, DHS changed the state-based enforcement deadline from May 11, 2011 to January 15, 2013. 5 5 76 FR 12269 (Mar. 7, 2011) (codified as amended at 6 CFR 37.51(a)). DHS then incrementally enforced this deadline through a phased-enforcement schedule, pursuant to which enforcement began at DHS headquarters, followed by enforcement at federal facilities and nuclear power plants. 6 On January 8, 2016, DHS announced that the final phase of the enforcement schedule, applicable to individuals boarding federally-regulated commercial aircraft, would begin on January 22, 2018. 7 Thus, since January 22, 2018, the Transportation Security Administration

(TSA)has accepted driver's licenses and identification cards only if issued by compliant states (or states with an extension from DHS) at screening checkpoints. In practice, TSA currently accepts driver's licenses and identification cards from all states and territories, as all are compliant or have an extension from DHS. 6 *Cf.* 6 CFR 37.51(a); DHS Releases Phased Enforcement Schedule for REAL ID (Dec. 20, 2013), *available at https://www.dhs.gov/news/2013/12/20/dhs-releases-phased-enforcement-schedule-real-id.* 7 *See* Statement By Secretary Jeh C. Johnson on the Final Phase of REAL ID Act Implementation (Jan. 8, 2016), *available at https://www.dhs.gov/news/2016/01/08/statement-secretary-jeh-c-johnson-final-phase-real-id-act-implementation.* Under existing regulations, card-based enforcement is scheduled to begin on October 1, 2020. 8 Beginning on the card-based enforcement date, federal agencies are prohibited from accepting for official purposes a license or identification card issued by a state unless the license or card itself was issued in accordance with the REAL ID standards by a REAL ID compliant jurisdiction. 8 6 CFR 37.5(b). In addition to compliant licenses and identification cards, states may issue, to individuals who are unable or unwilling to present the documents and information necessary to obtain a REAL ID compliant license, licenses and cards that are not acceptable by federal agencies for official purposes. These non-compliant licenses and cards must

(1)clearly state that the card is not acceptable for official purposes, and

(2)have a unique design or color indicator that clearly distinguishes them from compliant licenses and identification cards. 9 The REAL ID regulations authorize, but do not require, federal agencies to accept these non-compliant cards up until the October 1, 2020, card-based enforcement deadline. 10 9 6 CFR 37.71; REAL ID Act § 202(d)(11). 10 *See* 84 FR 55017 (Oct. 15, 2019) (clarifying 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). B. Progress Towards Full Implementation Since its enactment in 2005, DHS has worked with the states to implement the requirements of the REAL ID Act. DHS has provided funding, technical assistance, outreach, and engagement. DHS has awarded over $263 million in grant funding to assist in enhancements to driver's license security programs. 11 DHS and the states have collectively built the technical infrastructure to support systems to verify identity and lawful status information, which is a key security component of the Act and regulation. DHS, the states, and other stakeholders have conducted broad outreach and engagement to inform the public of REAL ID requirements and upcoming enforcement deadlines. These efforts have yielded significant progress towards full REAL ID implementation. Fifty-two of the 56 jurisdictions subject to REAL ID have achieved compliance with the REAL ID standards and are currently issuing REAL ID-compliant licenses and identification cards. 12 Together, compliant states, territories and the District of Columbia have issued more than 100 million compliant licenses and cards, which represent approximately 36 percent of the population eligible for these documents. 13 Data from the states also indicates that states have issued approximately 72 million non-compliant marked licenses and identification cards. Together, this data suggests approximately two-thirds of the population does not currently possess a REAL ID-compliant license or identification card that such individuals may need for official purposes, including to use as identification at TSA airport security checkpoints to board federally regulated commercial aircraft. 14 11 Secure Identification State Progress Report—Fiscal Year 2012 Report to Congress. 12 New Jersey and the Commonwealth of the Northern Mariana Islands are pending DHS compliance determinations. American Samoa, Oklahoma, and Oregon have not submitted requests for compliance determination. 13 Based on February 2020 REAL ID issuance data voluntarily submitted monthly to DHS by the compliant states. 14 Although a significant segment of the population may not currently possess a REAL ID, they may have other forms of identification acceptable for official purposes ( *e.g.,* a U.S. passport, U.S. passport card, or military identification). DHS has increased its level of outreach and engagement to the public and other REAL ID stakeholders, including airlines, airports, and others in the travel industry. Through these engagements, DHS has received useful feedback regarding the challenges of fully implementing REAL ID ahead of the October 1, 2020, card-based enforcement deadline. DHS has been working with the states and other stakeholders to identify ways to modernize the REAL ID application process. To further enlist stakeholder input on ways to streamline the driver's license application process without compromising the security aspects of the REAL ID process, DHS issued a request for information

(RFI)on November 7, 2019. 15 The RFI requested input from the public, states, private sector entities and other interested stakeholders on ways to improve, streamline, and reduce burdens associated with the current application process through the use of new capabilities and technologies in addition to other modification to existing application requirements. The RFI, for which the comment period closed on December 9, 2019, yielded more than 100 proposals from the states, the public, the private sector, and stakeholder associations among others. DHS quickly assessed these proposals and immediately determined that a proposal involving electronic submission of identity source documents prior to an in-person Department of Motor Vehicles

(DMV)visit could be achieved consistent with existing authorities. DHS issued guidance to states recommending they consider using this process to streamline the application process and reduce customer wait times. 16 DHS continues to review the proposals and is looking for additional ways to streamline the application and issuance process consistent with the security aspects of the REAL ID Act. 15 84 FR 60104 (Nov. 7, 2019). 16 *See* DHS, REAL ID Act of 2005 Implementation: Acceptance of Electronically Submitted Copies of Source Documents with Certain Restrictions in Advance of an In-Person DMV Visit (Feb. 19, 2020), *available at https://www.dhs.gov/publication/acceptance-electronically-submitted-copies-source-documents?collection=headquarters-guidance-documents.* C. Coronavirus Disease 2019 (COVID-19) Coronavirus Disease 2019 (COVID-19), a communicable disease caused by a new (novel) coronavirus named SARS-CoV-2, is a respiratory disease that can cause fever, cough, and difficulty breathing, with reported illnesses ranging from mildly symptomatic to severe illness and death. Although the virus that causes COVID-19 was originally detected in The People's Republic of China, as of mid-March 2020, it had resulted in a pandemic with cases in over 150 countries, including in the United States and Canada. On January 30, 2020, the Director-General of the World Health Organization declared the outbreak a “public health emergency of international concern” under the International Health Regulations (2005). 17 On January 31, 2020, the Secretary of the Department of Health and Human Services declared a nationwide “public health emergency” under section 319 of the Public Health Service Act, 42 U.S.C. 274d, as a result of confirmed cases of COVID-19. 18 On March 11, 2020, the World Health Organization announced that the COVID-19 outbreak can be characterized as a pandemic. On March 13, 2020, the President determined that the ongoing COVID-19 pandemic is of sufficient severity and magnitude to warrant an emergency determination under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207. In addition, on March 13, 2020, the President declared a national emergency under sections 201 and 301 of the National Emergencies Act, 50 U.S.C. 1601 *et seq.* 19 State and local jurisdictions throughout the United States are engaged in various social distancing practices, which frequently entail closing non-essential business and government services and avoiding crowds. On March 17, 2020 the National Governors Association

(NGA)sent DHS a letter requesting an extension of the REAL ID enforcement deadline by at least a year due in part to many states closing DMVs and other state facilities as a result of the COVID-19 public health crisis. 20 17 Statement on the second meeting of the International Health Regulations

(2005)Emergency Committee regarding the outbreak of novel coronavirus (2019-nCoV) (Jan. 30, 2020), available at *https://www.who.int/news-room/detail/30-01-2020-statement-on-the-second-meeting-of-the-international-health-regulations-(2005)-emergency-committee-regarding-the-outbreak-of-novel-coronavirus-(2019-ncov).* 18 HHS, “Determination that a Public Health Emergency Exists,” *https://www.phe.gov//emergency//news//healthactions//phe//Pages//2019-nCoV.aspx.* 19 Proclamation 9994 of Mar. 13, 2020 on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 FR 15337 (Mar. 18, 2020). 20 National Governors Association letter to Acting Secretary Wolf (Mar. 17, 2020). II. Card-Based Enforcement Deadline Notwithstanding the significant progress made towards full REAL ID implementation, the Secretary recognizes significant challenges associated with full enforcement in the current environment. The outbreak and continued spread of COVID-19 has significantly disrupted the daily lives and activities of all Americans. It has shifted priorities and severely curtailed daily interactions. To limit exposure and reduce the chance of transmission, state and local government offices have restricted all but the most essential services. This includes activities at state DMVs where offices are either operating at limited capacity, providing remote services, or, in some cases, are temporarily closed to the public. 21 Additionally, some states have authorized grace periods and extensions to those with expiring licenses as a further way to avoid in-person contact and mitigate risks to the health and safety of the public and state government employees. 21 Individuals should check with their state DMV for policies and guidance on license issuance and renewals and other services during the disruption caused by COVID-19. DHS recognizes the impact these disruptions will have on the ability of an individual to obtain a REAL ID compliant license or identification card before October 1, 2020. Moreover, the Secretary recognizes the importance of social distancing, and is taking this action to assure the public that there is no need to visit a DMV to obtain a REAL ID document at this time. Accordingly, the Secretary is extending the date by which individuals must obtain a REAL ID license or identification card to use that document for official purposes until October 1, 2021. Additionally, to avoid any confusion about the ability of federal agencies to continue to accept certain non-compliant licenses and identification cards issued under § 37.71, DHS also is extending the date by which federal agencies may continue to accept these licenses and identification cards for official purposes until September 30, 2021. Although some agencies, including TSA, accept these licenses and identification cards for official purposes, others may decide not to accept, or currently do not accept, non-compliant marked cards for official purposes. Individuals who need to visit a federal facility, building, or office should check in advance whether the agency requires identification for access purposes and, if they do, the forms of identification they accept. III. Regulatory Analysis A. Administrative Procedure Act DHS takes this action without prior notice and public comment. Sections 553(b) and

(d)of the Administrative Procedure Act (5 U.S.C. 553) authorize agencies to dispense with certain rulemaking procedures when they find good cause to do so. Under section 553(b), the requirements of notice and opportunity to 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 recognizes the need to extend the card-based enforcement deadline in light of the significant disruption and uncertainty in government operations caused by the COVID-19 virus, as well as the need to encourage appropriate social distancing behavior. Delaying the change to the regulation's enforcement date by first undergoing notice and comment would be contrary to the public interest, as an expeditious regulatory announcement of the new deadline is necessary for state and individual planning purposes. These factors suggest that delays associated with notice and comment rulemaking would potentially undermine critical public health efforts at the federal, state, territorial, or local level. DHS therefore has good cause to bypass such procedures. B. 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). C. Executive Orders 12866 and 13563 Assessment 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. DHS is proceeding under the emergency provision at Executive Order 12866 Section 6(a)(3)(D) based on the urgent needs described above. 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, makes changes for which notice and comment are not 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 federalism implications under Executive Order 13132, “Federalism,” if it has a substantial direct effect on state governments, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. DHS has analyzed this rule under that Order and has determined that although this rule affects the states, it does not impose substantial direct compliance costs or preempt state law. In fact, the rule is responsive to concerns expressed by state agencies regarding the upcoming deadlines. DHS has determined that the rule is consistent with Executive Order 13132. F. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 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 section 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. Environment DHS reviews proposed actions to determine whether the National Environmental Policy Act

(NEPA)applies to them and, if so, what degree of analysis is required. DHS Directive 023-01 Rev. 01 (Directive) and Instruction Manual 023-01-001-01 Rev. 01 (Instruction Manual) establish the procedures that DHS and its components use to comply with NEPA and the Council on Environmental Quality

(CEQ)regulations for implementing NEPA, 40 CFR parts 1500 through 1508. The CEQ regulations allow federal agencies to establish, with CEQ review and concurrence, categories of actions (“categorical exclusions”) which experience has shown do not individually or cumulatively have a significant effect on the human environment and, therefore, do not require an Environmental Assessment

(EA)or Environmental Impact Statement (EIS). 40 CFR 1507.3(b)(2)(ii), 1508.4. For an action to be categorically excluded, it must satisfy each of the following three conditions:

(1)The entire action clearly fits within one or more of the categorical exclusions;

(2)the action is not a piece of a larger action; and

(3)no extraordinary circumstances exist that create the potential for a significant environmental effect. Instruction Manual section V.B(2)(a)-(c). The delay effectuated by this rule fits within categorical exclusion A3(a) “Promulgation of rules . . . of a strictly administrative or procedural nature.” Instruction Manual, Appendix A, Table 1. Furthermore, the rule is not part of a larger action and presents no extraordinary circumstances creating the potential for significant environmental impacts. Therefore, the rule is categorically excluded from further NEPA review. I. Signature The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed and approved this document, is delegating the authority to electronically sign this document to Chad R. Mizelle, who is the Senior Official Performing the Duties of the General Counsel, for purposes of publication in the **Federal Register** . List of Subjects in 6 CFR Part 37 Document security, Driver's licenses, Identification cards, Motor vehicle administrations, Physical security. 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. In § 37.5, revise paragraphs

(b)and

(c)to read as follows: § 37.5 Validity periods and deadlines for REAL ID driver's licenses and identification cards.

(b)On or after October 1, 2021, Federal agencies shall not accept a driver's license or identification card for official purposes from any individual unless such license or card is a REAL ID-compliant driver's license or identification card issued by a State that has been determined by DHS to be in full compliance as defined under this subpart.

(c)Until September 30, 2021, Federal agencies may accept for official purposes a driver's license or identification card issued under § 37.71. On or after October 1, 2021, Federal agencies shall not accept for official purposes a driver's license or identification card issued under § 37.71. Chad R. Mizelle, Senior Official Performing the Duties of the General Counsel, U.S. Department of Homeland Security. [FR Doc. 2020-08481 Filed 4-24-20; 8:45 am]

Connectionstraces to 10

Traces to 10 documents

U.S. Code