Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices 23881 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket Number DHS–2022–0019] 

Agency Information Collection 

Activities: Minimum Standards for 

Driver’s Licenses and Identification 

Cards Acceptable by Federal Agencies 

for Official Purposes, 1601–0005 

AGENCY: Department of Homeland 

Security (DHS). 

ACTION: 60-Day notice and request for 

comments. 

SUMMARY: The Department of Homeland 

Security, 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. 

DATES: Comments are encouraged and 

will be accepted until June 21, 2022. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESSES: You may submit comments, 

identified by docket number Docket # 

DHS–2022–0019 at: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Please follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number Docket # DHS–2022– 

0019. All comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

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 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 sec. 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 sec. 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; 

• fraudulent document and security 

awareness training; 

• emergency response; 

• internal audit controls; and 

• an affirmation that the State 

possesses the authority and means to 

protect the confidentiality of REAL ID 

documents issued in support of criminal 

justice agencies or similar programs. 


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23882 Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices 

The security plan also must include a 

report on card security and integrity. 

Background Checks and Waiver 

Process 

Within its security plans, the rule 

requires States to outline their approach 

to conducting background checks of 

certain DMV employees involved in the 

card production process. 6 CFR 37.45. 

Specifically, States are required to 

perform background checks on persons 

who are involved in the manufacture or 

production of REAL ID driver’s licenses 

and identification cards, as well as on 

individuals who have the ability to 

affect the identity information that 

appears on the driver’s license or 

identification card and on current 

employees who will be assigned to such 

positions. The background check must 

include a name-based and fingerprintbased criminal history records check, an 

employment eligibility check, and for 

newer employees a prior employment 

reference check. The regulation permits 

a State to establish procedures to allow 

for a waiver for certain background 

check requirements in cases, for 

example, where the employee has been 

arrested, but no final disposition of the 

matter has been reached. 

Exceptions Process 

Under the rule, a State DMV may 

choose to establish written, defined 

exceptions process for persons who, for 

reasons beyond their control, are unable 

to present all necessary documents and 

must rely on alternate documents to 

establish identity, and date of birth. 6 

CFR 37.11(h). Alternative documents to 

demonstrate lawful status will only be 

allowed to demonstrate U.S. citizenship. 

The State must retain copies or images 

of the alternate documents accepted 

under the exceptions process and 

submit a report with a copy of the 

exceptions process as part of its 

certification package. 

Recordkeeping 

The rule requires States to maintain 

photographs of applicants and records 

of certain source documents. Paper or 

microfiche copies of these documents 

must be retained for a minimum of 

seven years. Digital images of these 

documents must be retained for a 

minimum of ten years. 6 CFR 37.31. 

Extension Requests 

Pursuant to 37.63 of the Final Rule, 

States granted an initial extension may 

file a request for an additional 

extension. Subsequent extensions will 

be granted at the discretion of the 

Secretary. 

Issuance Data 

To assist in program administration 

and enforcement planning efforts, DHS 

is requesting data from the states 

describing (1) the total number of 

driver’s license/identification card 

holders in the state, (2) the total number 

of REAL ID compliant licenses and 

identification cards issued by the state, 

and (3) the total number of 

noncompliant licenses and 

identification cards issued by the state. 

The collection of the information will 

support the information needs of DHS 

in its efforts to determine state 

compliance with requirements for 

issuing REAL ID driver’s licenses and 

identification cards. States may submit 

the required documents in any format 

that they choose. DHS has not defined 

specific format submission requirements 

for states. DHS will use all of the 

submitted documentation to evaluate 

State progress in implementing the 

requirements of the REAL ID Final Rule. 

DHS has used information provided 

under the current collection to grant 

extensions and track state progress. 

Collection of the issuance data will help 

DHS and other federal agencies in 

planning for full enforcement. 

Submission of the security plan helps 

to ensure the integrity of the license and 

identification card issuance and 

production process and outlines the 

measures taken to protect personal 

information collected, maintained, and 

used by state DMVs. Additionally, the 

collection will assist other Federal and 

State agencies conducting or assisting 

with necessary background and 

immigration checks for certain 

employees. The purpose of the namebased and fingerprint based CHRC 

requirement is to ensure the suitability 

and trustworthiness of individuals who 

have the ability to affect the identity 

information that appears on the license; 

have access to the production process; 

or who are involved in the manufacture 

or issuance of the licenses and 

identification cards. 

In compliance with GPEA, States will 

be permitted to electronically submit 

the information for their security plans, 

certification packages, recertifications, 

extensions, written exceptions 

processes, and issuance data. States will 

be permitted to submit electronic 

signatures but must keep the original 

signature on file. Additionally, because 

they contain sensitive security 

information (SSI), the security plans 

must be handled and protected in 

accordance with 49 CFR part 1520. 6 

CFR 37.41(c). The final rule does not 

dictate how States must submit their 

employees’ fingerprints to the FBI for 

background checks; however it is 

assumed States will do so via electronic 

means or another means determined by 

the FBI. 

The information collection discussed 

in this analysis applies to states, state 

agencies, and certain employees 

involved in the card production process. 

Therefore, it is DHS’s belief that the 

information collection does not have a 

significant impact on a substantial 

number of small businesses. 

In accordance with the regulations, 

submission of certification materials 

and security plans will assist DHS in 

determining full compliance. DHS may 

also review documents, audit processes, 

and conduct inspections. Failure to 

make a compliance determination 

would prevent state-issued licenses and 

identification cards from being used for 

official purposes, which includes 

boarding commercial aircraft and 

accessing federal facilities. Additional 

requirements for recordkeeping, 

document retention and storage, as well 

as background checks for certain 

employees help to ensure the integrity 

of the card production and issuance 

process and will assist DHS during 

audits or inspections of a state’s 

processes. Submission of issuance data 

will assist DHS in evaluating individual 

state and the overall issuance rate of 

REAL IDs, which will help in 

enforcement planning efforts. 

Information provided will be 

protected from disclosure to the extent 

appropriate under applicable provisions 

of the Freedom of Information Act, the 

Privacy Act of 1974, the Driver’s Privacy 

Protection Act, as well as DHS’s Privacy 

Impact Assessment for the REAL ID Act. 

There has been no program changes or 

new requirements established as a result 

of this collection request. 

Extensions were covered in the initial 

request however it was incorrectly 

removed from the subsequent request. 

The submission of issuance data by 

the states was not included in the 

original ICR or its subsequent renewals 

or updates. 

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; 


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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices 23883 

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. 

Analysis 

Agency: Department of Homeland 

Security (DHS). 

Title: Minimum Standards for Driver’s 

licenses and Identification Cards 

Acceptable by Federal Agencies for 

Official Purposes. 

OMB Number: 1601–0005. 

Frequency: Annually. 

Affected Public: State, Local, Tribal 

Government. 

Number of Respondents: 56. 

Estimated Time per Respondent: 1. 

Total Burden Hours: 444,134. 

Robert Dorr, 

Acting Executive Director, Business 

Management Directorate. 

[FR Doc. 2022–08510 Filed 4–20–22; 8:45 am] 

BILLING CODE 9112–FK–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[L19900000.PO0000.LLWO320.20X; OMB 

Control No. 1004–0001] 

Agency Information Collection 

Activities; Free Use Application and 

Permit for Vegetative or Mineral 

Materials 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Information 

Collection; request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Bureau of Land Management (BLM) 

proposes to renew an information 

collection. 

DATES: Interested persons are invited to 

submit comments on or before June 21, 

2022. 

ADDRESSES: Send your written 

comments on this information 

collection request (ICR) by mail to 

Darrin King, Information Collection 

Clearance Officer, U.S. Department of 

the Interior, Bureau of Land 

Management, Attention PRA Office, 440 

W 200 S #500, Salt Lake City, UT 84101; 

or by email to BLM_HQ_PRA_

Comments@blm.gov. Please reference 

Office of Management and Budget 

(OMB) Control Number 1004–0001 in 

the subject line of your comments. 

Please note that due to COVID–19, the 

electronic submission of comments is 

recommended. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact Elaine Guenaga by 

email at eguenaga@blm.gov, or by 

telephone at 775–276–0287. Individuals 

in the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. You may 

also view the ICR at http://

www.reginfo.gov/public/do/PRAMain. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995 (PRA, 44 U.S.C. 

3501 et seq.) and 5 CFR 1320.8(d)(1), all 

information collections require approval 

under the PRA. We may not conduct or 

sponsor, and you are not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on new, 

proposed, revised, and continuing 

collections of information. This helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand our 

information collection requirements and 

provide the requested data in the 

desired format. 

We are especially interested in public 

comment addressing the following: 

(1) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) How the agency might minimize 

the burden of the collection of 

information on those who are to 

respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of response. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: The Free Use vegetative 

permits are available for Mining 

Claimants, Federal, State, Territorial 

agencies, municipalities and 

associations or corporations not 

organized for profit and they must 

certify that the materials will not be 

used for commercial or industrial 

purposes. Free Use Permits for Mineral 

Materials are available to any Federal, 

State, or territorial agency, unit, or 

subdivision including municipalities or 

any non-profit organization. OMB 

Control Number 1004–0001 authorizes 

the BLM to collect information to 

continue the use of separate permit 

forms for the free use of vegetative 

materials and mineral materials. There 

are no changes proposed for the forms. 

We are, however, adjusting the total 

estimated annual burden hours from 

124 hours to 73 hours, a reduction of 51 

annual burden hours. The reduction of 

annual burden hours results from 

adjusting the number of estimated 

annual response from 247 to 146. The 

number of annual responses is being 

adjusted to reflect the average number of 

applications received by the BLM over 

the past three years. This OMB Control 

Number is currently scheduled to expire 

on January 31, 2023. The BLM plans to 

request that OMB renew this OMB 

Control Number for an additional three 

years. 

Title of Collection: Free Use 

Application and Permit for Vegetative or 

Mineral Materials (43 CFR parts 3600, 

3620, and 5510). 

OMB Control Number: 1004–0001. 

Form Numbers: 3604–1 a and b, Free 

Use Application and Permit for Mineral 

Materials; and 5510–1, Free Use 

Application and Permit for Vegetative 

Materials. 

Type of Review: Extension of a 

currently approved collection. 

Respondents/Affected Public: 

Individuals seeking authorization for 


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