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

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 checkbox 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.


### 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) prohibitsFederal 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;