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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations D. DHS Final Rule Extending the CardBased Deadline Considering the impact of the COVID
19 pandemic on state and local government operations and the desire to reduce further spread by encouraging continued social distancing, in April 2020 DHS issued a final rule extending the REAL ID card-based enforcement date for one year until October 1, 2021.21 DHS took this action to assist the states in avoiding in-person drivers licensing agency visits and in recognition of the fact that, as a result of the pandemic, most if not all states severely curtailed drivers licensing agency operations and service hours and authorized extensions for expiring drivers licenses.
III. Further Extending the Card-Based Enforcement Deadline
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Notwithstanding the substantial progress made towards full REAL ID
implementation, the Secretary recognizes that significant challenges persist with full REAL ID enforcement in the current environment. The outbreak and continued spread of COVID19 has significantly disrupted the daily lives and activities of all Americans. It has shifted priorities and severely curtailed daily interactions. In important respects, it has had an especially severe impact on low-income communities, those in ill health, and the elderly. To limit exposure and reduce the chance of transmission, state and local government offices continue to operate at limited capacity, provide remote services, or, in some cases, remain temporarily closed to the public.22 Additionally, some states continue to authorize grace periods and extensions to those with expiring licenses as a further way to avoid inperson contact and mitigate risks to the health and safety of the public and state government employees.
DHS recognizes the continuing impact these disruptions are creating on the ability of many individuals to obtain a REAL ID compliant license or identification card before October 1, 2021. DHS also recognizes that these disruptions have had a particularly severe effect on some vulnerable subpopulations. Moreover, the Secretary recognizes the importance of social distancing, and with the commitments to fairness and equity in mind,23 is 21 85

FR 23205 Apr. 27, 2020.
should check with their state DMV
for policies and guidance on license issuance and renewals and other services during the disruption caused by COVID19.
23 See E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the 22 Individuals
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taking this action to assure the public that there is no need to visit a state drivers licensing agency to obtain a REAL ID document at this time.
Accordingly, the Secretary is extending the date by which individuals must obtain a REAL ID license or identification card to use that document for official purposes until May 3, 2023.
This extension is intended to provide sufficient time for DMVs across the country to fully reopen in-person services. A safe and sustained reopening of in-person services is necessary to meaningfully improve upon the current 0.5 percent REAL ID issuance rate. As noted above, at the current 0.5 percent REAL ID issuance rate, DHS estimates that approximately 46 percent of the population eligible for a REAL ID
license will have one by the current October 1, 2021 full enforcement date.
DHS believes that such an outcome would result in lengthy delays at airport security checkpoints and significant inconvenience to the traveling public.
Moreover, DHS anticipates that the additional time provided by this extension should be sufficient for states to implement and benefit from recent and potential future changes to the REAL ID issuance process. For instance, a provision of the REAL ID
Modernization Act allows states to immediately stop requiring applicants to provide separate physical documentation of a Social Security account number. This flexibility, which would reduce the burden on applicants and may in some cases help applicants avoid return trips to the DMV, has yet to be implemented in all states. In addition, also consistent with the REAL
ID Modernization Act, DHS is considering issuing regulations authorizing new procedures for the electronic presentation of documents, which may allow for a more rapid and socially distanced issuance process.
DHS requires time to develop such regulations, and states would require time for implementation.
Finally, to avoid any confusion about the ability of federal agencies to continue to accept certain noncompliant licenses and identification cards issued under 37.71, DHS also is extending the date by which federal agencies may continue to accept these licenses and identification cards for official purposes until the end of May 2, 2023. Although some agencies, including TSA, accept these licenses and identification cards for official Federal Government, 86 FR 7009 published Jan. 25, 2021; E.O. 13563, Improving Regulation and Regulatory Review, 76 FR 3821 published Jan. 21, 2011.

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purposes, others may decide not to accept, or currently do not accept, noncompliant marked cards for official purposes. Individuals who need to visit a federal facility, building, or office should check in advance whether the agency requires identification for access purposes and, if they do, the forms of identification they accept.
IV. Regulatory Analysis A. Administrative Procedure Act DHS takes this action without prior notice and public comment, but welcomes comment on all aspects of the action.
Sections 553b and d of the Administrative Procedure Act 5 U.S.C.
553 authorize agencies to dispense with certain rulemaking procedures when they find good cause to do so. Under section 553b, the requirements of notice and opportunity to comment do not apply when the agency for good cause finds that these procedures are impracticable, unnecessary, or contrary to the public interest. Section 553d allows an agency, upon finding good cause, to make a rule effective immediately, thereby avoiding the 30day delayed effective date requirement in section 553.
This interim final rule recognizes the need to extend the card-based enforcement deadline in light of the significant disruption and uncertainty in government operations now being caused by the COVID19 virus, as well as the need to encourage appropriate social distancing behavior. October 1, the previous deadline, is merely five months away, and a notice-andcomment process would mean continuing uncertainty for state and local governments, for airlines, for travelers, and for numerous others. As also noted, many state and local government offices are operating at limited capacity. Some of them are providing remote services; some of them are closed to the public. In addition, many states are continuing to curtail drivers licensing agency operations and service hours and have authorized extensions for expiring drivers licenses.
These restrictions are making it unusually difficult for many people especially those in certain regions or in vulnerable groups, including those who are in poor health to do what is required to obtain REALID.
In these circumstances, delaying the change to the regulations enforcement date by first undergoing notice and comment would impede planning, would lead to undue uncertainty, and could produce serious unfairness. It would be contrary to the public interest,
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