49308 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 

1 Division B—REAL ID Act of 2005, the 

Emergency Supplemental Appropriations Act for 

Defense, the Global War on Terror, and Tsunami 

Relief, 2005, Public Law 109–13m 119 Stat. 231, 

302 (May 11, 2005) (codified at 49 U.S.C. 30301 

note). 

Impact and Implementation 

The change in the coverage of the 

New York locality pay area will affect 

about 2,300 Federal white-collar 

employees of the Department of Justice, 

the Department of Defense, and the 

Department of Veterans Affairs 

stationed at McGuire AFB or Fort Dix, 

at an annual cost of about $8 million. 

Waiver of Notice of Proposed 

Rulemaking 

Pursuant to 5 U.S.C. 553(b)(3)(B), I 

find that good cause exists for waiving 

the general notice of proposed 

rulemaking. Also pursuant to 5 U.S.C. 

553(d)(3), I find that good cause exists 

for making this rule effective in less 

than 30 days. This notice is being 

waived and the regulation is being made 

effective in less than 30 days because 

the joint base goes into effect on October 

1, 2009, and it will have an undesirable 

effect on base management to delay the 

implementation of a common locality 

pay rate for all employees on the base. 

E.O. 12866, Regulatory Review 

The Office of Management and Budget 

has reviewed this rule in accordance 

with E.O. 12866. 

Paperwork Reduction Act 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities 

because they will apply only to Federal 

agencies and employees. 

List of Subjects in 5 CFR Part 531 

Government employees, Law 

enforcement officers, Wages. 

John Berry, 

Director, U.S. Office of Personnel 

Management. 

■ Accordingly, OPM amends 5 CFR part 

531 as follows: 

PART 531—PAY UNDER THE 

GENERAL SCHEDULE 

■ 1. The authority citation for part 531 

continues to read as follows: 

Authority: 5 U.S.C. 5115, 5307, and 5338; 

sec. 4 of Public Law 103–89, 107 Stat. 981; 

and E.O. 12748, 56 FR 4521, 3 CFR, 1991 

Comp., p. 316; Subpart B also issued under 

5 U.S.C. 5303(g), 5305, 5333, 5334(a) and (b), 

and 7701(b)(2); Subpart D also issued under 

5 U.S.C. 5335 and 7701(b)(2); Subpart E also 

issued under 5 U.S.C. 5336; Subpart F also 

issued under 5 U.S.C. 5304 and 5305; E.O. 

12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 

682; and E.O. 13106, 63 FR 68151, 3 CFR, 

1998 Comp., p. 224. 

Subpart F—Locality-Based 

Comparability Payments 

■ 2. In § 531.603, paragraph (b)(20) is 

revised to read as follows: 

§ 531.603 Locality pay areas. 

* * * * * 

(b) * * * 

(20) New York-Newark-Bridgeport, 

NY-NJ-CT-PA—consisting of the New 

York-Newark-Bridgeport, NY-NJ-CT-PA 

CSA, plus Monroe County, PA, Warren 

County, NJ, and all of Joint Base 

McGuire-Dix-Lakehurst; 

* * * * * 

[FR Doc. E9–23359 Filed 9–25–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 37 

[Docket No. DHS–2006–0030] 

RIN 1601–AA37 

Minimum Standards for Driver’s 

Licenses and Identification Cards 

Acceptable by Federal Agencies for 

Official Purposes 

AGENCY: Office of the Secretary, DHS. 

ACTION: Final rule. 

SUMMARY: Pursuant to the Department of 

Homeland Security’s REAL ID 

regulations, States seeking an extension 

of the date by which they must begin to 

comply with REAL ID requirements 

currently must submit a request for 

extension by October 11, 2009. This 

final rule changes that date to December 

1, 2009. 

DATES: This rule is effective September 

28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Kozar, Office of State-Issued 

Identification Support, Screening 

Coordination Office, Department of 

Homeland Security, Washington, DC 

20528 (202) 447–3368. 

SUPPLEMENTARY INFORMATION: 

I. Analysis of This Final Rule 

The REAL ID Act of 2005 (the Act) 1

prohibits Federal agencies, effective 

May 11, 2008, from accepting a driver’s 

license or personal identification card 

for any official purpose unless the 

license or card has been issued by a 

State that is meeting the requirements 

set forth in the Act. The Act sets forth 

certain minimum standards applicable 

to the driver’s license issuance process. 

Section 205(b) of the REAL ID Act 

authorizes the Secretary of Homeland 

Security to grant States extensions of 

time to meet the requirements of the Act 

if the State provides adequate 

justification for noncompliance. 

On January 29, 2008, DHS 

promulgated a final rule implementing 

the requirements of the Act. See 73 FR 

5272; also 6 CFR part 37. The final rule, 

pursuant to the Secretary’s authority 

under § 205(b) of the REAL ID Act, 

extended the original compliance date 

from May 11, 2008 to January 1, 2010, 

for each State that timely filed a request 

for extension. All States timely filed the 

required requests for extensions and 

were granted an extension of the 

compliance date. The final rule further 

provided that any State requiring an 

extension of the compliance date must 

submit a request for such an extension 

to DHS no later than October 11, 2009, 

and include with that submission a 

material compliance checklist 

demonstrating that the State has met 

certain compliance milestones. See 6 

CFR 37.63. 

DHS has determined that additional 

time is warranted for States to submit a 

request for an additional extension. 

Accordingly, under this final rule, DHS 

is revising the regulatory text at 6 CFR 

37.63(b) to change the deadline by 

which States must file a request for an 

extension of the compliance date from 

October 11, 2009 to December 1, 2009. 

II. Regulatory Analyses 

A. Administrative Procedure Act 

This final rule addresses requirements 

that are procedural in nature. This rule 

does not change the January 1, 2010 

compliance date—the date by which 

States must begin to issue licenses and 

identification cards that are in 

compliance with the standards and 

requirements under the REAL ID Act 

and regulations—but merely changes 

the date by which States may seek a 

further extension of that deadline. This 

rule, therefore, does not alter the 

substantive rights of, nor impose new 

requirements on, any State or 

individual. This final rule, therefore, is 

exempt from notice and comment 

requirements under 5 U.S.C. 553(b)(A). 

For the same reason, under 5 U.S.C. 

553(d)(3), this rule is effective 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 49309 

immediately upon publication in the 

Federal Register. 

B. Executive Order 12866 (Regulatory 

Planning and Review) 

This final rule is not a ‘‘significant 

regulatory action’’ under section 3(f)(1) 

of Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ therefore the 

Office of Management and Budget has 

not reviewed this rule. DHS anticipates 

that the changed filing deadline in this 

final rule will not increase REAL IDrelated compliance costs to the affected 

entities and, in most cases, will provide 

advantages by changing the filing 

deadline. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121), requires Federal agencies 

to consider the potential impact of 

regulations on small businesses, small 

governmental jurisdictions, and small 

organizations during the development of 

their rules. This final rule, however, 

makes changes for which notice and 

comment are not necessary. 

Accordingly, DHS is not required to 

prepare a regulatory flexibility analysis. 

5 U.S.C. 603, 604. 

D. Paperwork Reduction Act 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

E. Executive Order 13132 (Federalism) 

A rule has implications for federalism 

under Executive Order 13132, 

‘‘Federalism,’’ if it has a substantial 

direct effect on State or local 

governments and would either preempt 

State law or impose a substantial direct 

cost of compliance on them. We have 

analyzed this rule under that Order and 

have determined that it does not have 

implications for 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 

$100,000,000 (adjusted for inflation) or 

more in any one year. This final rule 

will not result in such an expenditure. 

G. Executive Order 13175 (Tribal 

Consultation) 

This rule does not have tribal 

implications under Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments,’’ 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

H. Executive Order 13211 (Energy 

Impact Analysis) 

We have analyzed this rule under 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use.’’ We have 

determined that it is not a ‘‘significant 

energy action’’ under that Order and is 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy. Therefore, it does not require 

a Statement of Energy Effects under 

Executive Order 13211. 

List of Subjects in 6 CFR Part 37 

Document security, driver’s licenses, 

identification cards, incorporation by 

reference, motor vehicle 

administrations, physical security. 

The Amendments 

■ For the reasons set forth above, the 

Department of Homeland Security 

amends 6 CFR part 37 as follows: 

TITLE 6—DOMESTIC SECURITY 

CHAPTER I—DEPARTMENT OF 

HOMELAND SECURITY, OFFICE OF THE 

SECRETARY 

PART 37—REAL ID DRIVER’S 

LICENSES AND IDENTIFICATION 

CARDS 

■ 1. The authority citation for part 105 

continues to read as follows: 

Authority: 49 U.S.C. 30301 note; 6 U.S.C. 

111, 112. 

§ 37.63 [Amended] 

■ 2. Amend § 37.63(b) by removing the 

date ‘‘October 11, 2009’’ and adding in 

its place the date ‘‘December 1, 2009’’. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–23381 Filed 9–25–09; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 354 

[Docket No. APHIS–2009–0055] 

Commuted Traveltime 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations concerning overtime 

services provided by employees of the 

Agency’s Plant Protection and 

Quarantine (PPQ) program by adding or 

amending commuted traveltime 

allowances for travel between certain 

locations in the District of Columbia, 

Florida, Illinois, and Minnesota. 

Commuted traveltime allowances are 

the periods of time required for PPQ 

employees to travel from their dispatch 

points and return there from the places 

where they perform Sunday, holiday, or 

other overtime duty. The Government 

charges a fee for certain overtime 

services provided by PPQ employees 

and, under certain circumstances, the 

fee may include the cost of commuted 

traveltime. This action is necessary to 

inform the public of commuted 

traveltime for these locations. 

DATES: Effective Date: September 28, 

2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Terri Burrell, Director, Resource 

Management Staff, PPQ, APHIS, 4700 

River Road Unit 120, Riverdale, MD 

20737–1238; (301) 734–5575. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR, chapter III, 

require inspection, certification, or 

quarantine of certain plants, plant 

products, or other commodities 

intended for importation into, or 

exportation from, the United States. 

When these services must be provided 

by an employee of the Animal and Plant 

Health Inspection Service (APHIS) on a 

Sunday or holiday, or at any other time 

outside the employee’s regular duty 

hours, the Government charges a fee for 

the services in accordance with 7 CFR 

part 354 for services provided by an 

employee of APHIS’ Plant Protection 

and Quarantine (PPQ) program. Under 

circumstances described in 7 CFR 

354.1(a)(2), this fee may include the cost 

of commuted traveltime. The 

regulations in 7 CFR 354.2 contain 

administrative instructions prescribing 

commuted traveltime allowances, which 


CPrice-Sewell on DSKGBLS3C1PROD with RULES