Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices 42131 

Analysis 

Agency: Department of Homeland 

Security. 

Title: BioWatch Filter Holder Log. 

OMB Number: 1601–0006. 

Frequency: Daily. 

Affected Public: State, Local, and 

Tribal Governments. 

Number of Respondents: 522. 

Estimated Time per Respondent: 

0.0167 hours (1 minute). 

Total Burden Hours: 3173 hours. 

Richard Spires, 

Chief Information Officer. 

[FR Doc. 2011–17933 Filed 7–15–11; 8:45 am] 

BILLING CODE 4410–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Agency Information Collection 

Activities: DHS Individual Complaint of 

Employment Discrimination 

AGENCY: Department of Homeland 

Security. 

ACTION: 30-Day Notice and request for 

comments; Extension without Change. 

SUMMARY: The Department of Homeland 

Security, Office for Civil Rights and 

Civil Liberties, DHS will submit the 

following information collection request 

(ICR) to the Office of Management and 

Budget (OMB) for review and clearance 

in accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. Chapter 35). DHS previously 

published this information collection 

request (ICR) in the Federal Register on 

May 2, 2011 at 76 FR 24503 for a 60- 

day public comment period. No 

comments were received by DHS. The 

purpose of this notice is to allow 

additional 30-days for public comments. 

DATES: Comments are encouraged and 

will be accepted until August 17, 2011. 

This process is conducted in accordance 

with 5 CFR 1320.10. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. Comments should be addressed 

to OMB Desk Officer, Department of 

Homeland Security and sent via 

electronic mail to 

oira_submission@omb.eop.gov or faxed 

to (202) 395–5806. The Office of 

Management and Budget is particularly 

interested in comments which: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

FOR FURTHER INFORMATION CONTACT: If 

additional information is required 

contact: The Department of Homeland 

Security (DHS), Attn: Denise Moore, 

denise.moore@dhs.gov, 202–254–8230. 

SUPPLEMENTARY INFORMATION: It is the 

policy of the Government of the United 

States to provide equal opportunity in 

employment for all persons, to prohibit 

discrimination in employment because 

of race, color, religion, sex, national 

origin, age, disability, protected genetic 

information, sexual orientation, or 

status as a parent, and to promote the 

full realization of equal employment 

opportunity (EEO) through a continuing 

affirmative program in each agency. 

Persons who claim to have been 

subjected to these types of 

discrimination, or to retaliation for 

opposing these types of discrimination 

or for participating in any stage of 

administrative or judicial proceedings 

relating to them, can seek a remedy 

under Title VII of the Civil Rights Act 

(Title VII) (42 U.S.C. 2000e et seq.) (race, 

color, religion, sex, national origin), the 

Age Discrimination in Employment Act 

(ADEA) (29 U.S.C. 621 et seq.) (age), the 

Equal Pay Act (29 U.S.C. 206(d)) (sex), 

the Rehabilitation Act (29 U.S.C. 791 et 

seq.) (disability), the Genetic 

Information Nondiscrimination Act 

(GINA) (42 U.S.C. 2000ff et seq.) 

(genetic information), and Executive 

Order 11478 (as amended by Executive 

Orders 13087 and 13152) (sexual 

orientation or status as a parent). 

The Department of Homeland 

Security (DHS), Office for Civil Rights 

and Civil Liberties (CRCL) adjudicates 

discrimination complaints filed by 

current and former DHS employees, as 

well as applicants for employment to 

DHS. The complaint adjudication 

process for statutory rights is outlined in 

the Equal Employment Opportunity 

Commission (EEOC) regulations found 

at Title 29, Code of Federal Regulations 

Part 1614 and EEO Management 

Directive 110. For complaints regarding 

sexual orientation or status as a parent, 

DHS follows the same procedures as for 

statutory rights, to the extent permitted 

by law. 

The recordkeeping provisions are 

designed to ensure that a current 

employee, former employee, or 

applicant for employment claiming to 

be aggrieved or that person’s attorney 

provide a signed statement that is 

sufficiently precise to identify the 

aggrieved individual and the agency and 

to describe generally the action(s) or 

practice(s) that form the basis of the 

complaint. The complaint must also 

contain a telephone number and address 

where the complainant or the 

representative can be contacted. The 

complaint form is used for original 

allegations of discrimination but also for 

amendments to underlying complaints 

of discrimination. The form also 

determines whether the person is 

willing to participate in mediation or 

other available types of alternative 

dispute resolution (ADR) to resolve their 

complaint; Congress has enacted 

legislation to encourage the use of ADR 

in the federal sector and the form 

ensures that such an option is 

considered at this preliminary stage of 

the EEO complaint process. 

A complainant may access the 

complaint form on the agency web site 

and may submit a completed complaint 

form electronically to the relevant 

Component’s EEO Office. The complaint 

form can then be directly uploaded into 

the DHS EEO Enterprise Complaints 

Tracking System, also known as 

‘‘iComplaints.’’ 

There is no change or adjustment to 

the burden associated with the 

collection of information associated 

with the DHS complaint form. 

DHS is proposing to make one change 

to the DHS compliant form. This change 

is the need to add a new checkbox that 

says ‘‘pregnancy’’ under and slightly 

intended from the existing checkbox 

that says ‘‘sex’’ on the form. Pregnancy 

discrimination is a form of sex 

discrimination, which is covered under 

Title VII. So this information is already 

included in data gathered in EEO 

complaints; adding the separate check 

box just more clearly identifies a subcategory. This form modification is in 

accordance with new instructions from 

EEOC—requiring all government 

agencies to specifically identify this 

type of information on our complaint 

forms. 

Analysis 

Agency: Department of Homeland 

Security, DHS. 

Title: DHS Individual Complaint of 

Employment Discrimination. 


srobinson on DSK4SPTVN1PROD with NOTICES
42132 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices 

OMB Number: 1610–0001. 

Frequency: Annually. 

Affected Public: Federal Government. 

Number of Respondents: 1200. 

Estimated Time per Respondent: 0.5 

hours (30 minutes). 

Total Burden Hours: 600 hours. 

Total Burden Cost (capital/startup): 

$0.00. 

Total Burden Cost (operating/ 

maintaining): $30,246.00. 

Richard Spires, 

Chief Information Officer. 

[FR Doc. 2011–17936 Filed 7–15–11; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Agency Information Collection 

Activities: Minimum Standards for 

Driver’s Licenses and Identification 

Cards Acceptable by Federal Agencies 

for Official Purposes 

AGENCY: Department of Homeland 

Security. 

ACTION: 60-Day Notice and request for 

comments; Revision of a currently 

approved collection. 

SUMMARY: The Department of Homeland 

Security, Office of the Secretary, will 

submit the following Information 

Collection Request (ICR) to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995 (Pub. L. 104–13, 44 U.S.C. Chapter 

35). 

DATES: Comments are encouraged and 

will be accepted until September 16, 

2011. This process is conducted in 

accordance with 5 CFR 1320.1. 

ADDRESSES: Written comments and 

questions about this Information 

Collection Request should be forwarded 

to Office of the Secretary, DHS Attn.: 

Steve Kozar Steven.Kozar@hq.dhs.gov, 

(202) 447–3368. 

SUPPLEMENTARY INFORMATION: The REAL 

ID Act of 2005 (the Act) prohibits 

Federal agencies from accepting stateissued drivers’ licenses or identification 

cards for any official purpose—defined 

by the Act and regulations as boarding 

commercial aircraft, accessing Federal 

facilities, or entering nuclear power 

plants—unless the license or card is 

issued by a state that meets the 

requirements set forth in the Act. Title 

II of Division B of Public Law 109–13, 

codified at 49 U.S.C. 30301 note. The 

REAL ID regulations, which DHS issued 

in January 2008, establish the minimum 

standards that states must meet to 

comply with the Act. See 73 FR 5272, 

also 6 CFR part 37 (Jan. 29, 2008). These 

include requirements for presentation 

and verification of documents to 

establish identity and lawful status, 

standards for document issuance and 

security, and physical security 

requirements for driver’s license 

production facilities. For a state to 

achieve full compliance, the Department 

of Homeland Security (DHS) must make 

a final determination on or before 

January 15, 2013, that the state has met 

the requirements contained in the 

regulations and is compliant with the 

Act. The regulations include new 

information reporting and record 

keeping requirements for states seeking 

a full compliance determination by 

DHS. As discussed in more detail 

below, states seeking DHS’s full 

compliance determination must certify 

that they are meeting certain standards 

in the issuance of driver’s licenses and 

identification cards and submit security 

plans covering physical security of 

document production and storage 

facilities as well as security of 

personally identifiable information. 6 

CFR 37.55(a). States also must conduct 

background checks and training for 

employees involved in the document 

production and issuance processes and 

retain and store applicant photographs 

and other source documents. 6 CFR 

37.31 and 37.45. States must recertify 

compliance with REAL ID every three 

years on a rolling basis as determined by 

the Secretary of Homeland Security. 6 

CFR 37.55. 

Certification Process Generally— 

Section 202(a)(2) of the REAL ID Act 

requires the Secretary to determine 

whether a state is meeting its 

requirements, ‘‘based on certifications 

made by the State to the Secretary.’’ To 

assist DHS in making a final compliance 

determination, 37.55 of the rule requires 

the submission of the following 

materials: 

(1) A certification by the highest level 

Executive official in the state overseeing 

the DMV that the state has implemented 

a program for issuing driver’s licenses 

and identification cards in compliance 

with the REAL ID Act. 

(2) A letter from the Attorney General 

of the state confirming the state has the 

legal authority to impose requirements 

necessary to meet the standards. 

(3) A description of a state’s 

exceptions process to accept alternate 

documents to establish identity and 

lawful status and wavier process used 

when conducting background checks for 

individuals involved in the document 

production process. 

(4) The state’s security plan. 

Additionally, after a final compliance 

determination by DHS, states must 

recertify compliance every three years 

on a rolling basis as determined by DHS. 

6 CFR 37.55(b). 

State REAL ID programs will be 

subject to DHS review to determine 

whether the state meets the 

requirements for compliance. States 

must cooperate with DHS’s compliance 

review and provide any reasonable 

information requested by DHS relevant 

to determining compliance. Under the 

rule, DHS may inspect sites associated 

with the enrollment of applicants and 

the production, manufacture, 

personalization, and issuance of driver’s 

licenses or identification cards. DHS 

also may conduct interviews of 

employees and contractors involved in 

the document issuance, verification, and 

production processes. 6 CFR 37.59(a). 

Following a review of a state’s 

certification package, DHS may make a 

preliminary determination that the State 

needs to take corrective actions to 

achieve full compliance. In such cases, 

a state may have to respond to DHS and 

explain the actions it took or plans to 

take to correct any deficiencies cited in 

the preliminary determination or 

alternatively, detail why the DHS 

preliminary determination is incorrect. 

6 CFR 37.59(b). 

Security plans—In order for states to 

be in compliance with the Act, they 

must ensure the security of production 

facilities and materials and conduct 

background checks and fraudulent 

document training for employees 

involved in document issuance and 

production. REAL ID Act section 

202(d)(7)–(9). The Act also requires 

compliant licenses and identification 

cards to include features to prevent 

tampering, counterfeiting, or 

duplication. REAL ID Act section 

202(b). To document compliance with 

these requirements the regulations 

require states to prepare a security plan 

and submit it as part of their 

certification package. 6 CFR 37.41. At a 

minimum, the security plan must 

address steps the state is taking to 

ensure: 

• The physical security of production 

materials and storage and production 

facilities; 

• Security of personally identifiable 

information maintained at DMVs 

including a privacy policy and 

standards and procedures for document 

retention and destruction; 

• Document security features 

including a description of the use of 

biometrics and the technical standards 

used; 

• Facility access control including 

credentialing and background checks; 


srobinson on DSK4SPTVN1PROD with NOTICES