View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DHS/TSA RIN: 1652-AA77 Publication ID: Fall 2024 
Title: Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Phased Approach for Card-Based Enforcement 
Abstract:

Through this rule, DHS seeks to ensure that Federal agencies are well-positioned to begin enforcing the REAL ID regulations on May 7, 2025, in a manner that meets the objectives of the REAL ID Act and regulations while ensuring that agencies have flexibility to begin enforcement in a manner that minimizes operational and security risks to the Federal agencies and the public.  TSA will issue a Final Rule that would explicitly permit Federal agencies to implement the card-based enforcement provisions of the REAL ID regulations under a phased approach after the May 7, 2025, enforcement deadline.  In order to ensure that agencies’ enforcement plans consistently and appropriately advance the objectives of the REAL ID regulations the rule will require the agency to make a determination to implement card-based enforcement under a phased approach after considering relevant factors, including security, operational feasibility, and public impact.  If an agency chooses to take a phased enforcement approach, this rule will require agencies’ plans be coordinated with DHS and that full enforcement is in place by May 5, 2027.  During the development of this rulemaking TSA has engaged Federal agencies, State and Territorial licensing jurisdictions, and members of the public affected by implementation of REAL ID requirements.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 6 CFR 37   
Legal Authority: 49 U.S.C. 30301 note   
Legal Deadline:  None

Statement of Need:

This rulemaking is necessary to ensure that Federal agencies have appropriate flexibility to implement the card-based enforcement provisions of the REAL ID regulations after the May 7, 2025, enforcement deadline by explicitly permitting agencies to implement card-based enforcement in phases.

Summary of the Legal Basis:

Effective May 22, 2023, authority to administer the REAL ID program was delegated from the Secretary of Homeland Security to the Administrator of TSA pursuant to DHS Delegation No. 7060.02.1.

Anticipated Costs and Benefits:

The Final Rule will result in costs for two categories of entities:  DHS as the agency administering the REAL ID program and other federal agencies.  DHS will incur costs related to coordinating with Federal agencies on their phased enforcement plans to address any potential concerns ahead of the REAL ID card-based enforcement date.  This includes the cost to develop guidance for agencies on phased enforcement, time to review and coordinate with agencies on their plans, and publishing the list of agencies that have phased enforcement plans.  Federal agencies will incur costs to familiarize themselves with the proposed rule, make a determination whether a phased enforcement plan is necessary, and develop and coordinate phased enforcement plans.

 

The estimated cost of the NPRM is $1.70 million over 2 years, undiscounted, and $1.67 million over 2 years, discounted at 2 percent.

Timetable:
Action Date FR Cite
NPRM  09/12/2024  89 FR 74137   
NPRM Comment Period End  10/15/2024 
Final Rule  12/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.regulations.gov   Public Comment URL: https://www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
George Petersen
Senior Program Manager, REAL ID Program
Department of Homeland Security
Transportation Security Administration
Enrollment Services & Vetting Programs, 6595 Springfield Center Drive,
Springfield, VA 20598-6010
Phone:571 227-2215
Email: george.petersen@tsa.dhs.gov