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OMB Control No:	ICR Reference No: 202304-1652-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DHS/TSA	Agency Tracking No:
Title: Minimum Standards for Driver’s licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted	Conclusion Date: 09/25/2024
	Date Received in OIRA: 07/10/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

Abstract: The Transportation Security Administration (TSA) is conducting a rulemaking to amend the regulations to address mDLs through a two-phased, incremental process. In its first phase, TSA is publishing a Notice of Proposed Rulemaking (NPRM) to amend the REAL ID regulations to waive, on a temporary and State-by-State basis, the card-based requirement in Sec. 37.5(b). The temporary waiver enabled by this rule would permit Federal agencies, at their discretion, to continue accepting, for official purposes as defined in the Act and regulations, mDLs (1) from individuals who have been issued a valid and unexpired REAL ID-compliant physical driver’s license or identification card, and (2) issued by States that DHS has determined to be REAL ID-compliant to whom DHS has issued a waiver. In the second phase rulemaking, DHS intends to issue comprehensive requirements for mDLs after emerging industry standards and Federal guidelines are finalized, and at that time would repeal the waiver provisions established in this rule. This dual-phased rulemaking is necessary because DHS believes it is premature to issue comprehensive requirements while multiple standards and guidelines are pending. New section 37.7 of the proposed rule would establish a limited and temporary process for DHS to issue to States a waiver that exempts their mDLs from meeting the card-based compliance requirement of section 37.5(b). This waiver would authorize Federal agencies to accept a State’s mDL for official purposes, but only if in addition to the waiver, the mDL holder has been issued a valid and unexpired REAL ID-compliant physical card by a State that is otherwise in full compliance with applicable REAL ID requirements. The certificate of waiver would include the dates of effectiveness and expiration, and any other terms and conditions as necessary, and would be valid for three years. The waiver would also require a State that receives a waiver to continue complying with all requirements of the REAL ID Act, 6 CFR 37.51(a), and any terms and conditions specified in the certificate of waiver.

Authorizing Statute(s): US Code: 49 USC 30301 Name of Law: The REAL ID Act of 2005

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1652-AA76	Proposed rulemaking	88 FR 60056	08/30/2023

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Resubmissions of Waiver Applications
Waiver Applications

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

Annual Cost to Federal Government: $34,837

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Christina Walsh 571 227-2062 christina.walsh@tsa.dhs.gov

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