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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
as an expeditious regulatory announcement of the new deadline is necessary for state and individual planning purposes. These factors suggest that delays associated with notice and comment rulemaking would potentially undermine critical public health efforts at the federal, state, territorial, or local level. DHS therefore has good cause to bypass such procedures, while also welcoming comments on all aspects of this action.
B. Paperwork Reduction Act This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
3520.

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C. Executive Orders 12866 and 13563
Assessment This rule constitutes a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563, and therefore has been reviewed by the Office of Management and Budget OMB.
Executive Order 12866 defines significant regulatory action as one that is likely to result in a rule that may 1 have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or Tribal governments or communities; 2 create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 3 materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights or obligations of recipients thereof; or 4 raise novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles set forth in the Executive Order. DHS is proceeding under the emergency provision at Executive Order 12866
Section 6a3D based on the urgent needs described above.
D. Regulatory Flexibility Act Assessment The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 Pub.
L. 104121, requires Federal agencies to consider the potential impact of regulations on small businesses, small government jurisdictions, and small organizations during the development of their rules. This rule, however, makes changes for which notice and comment are not necessary. Accordingly, DHS is not required to prepare a regulatory flexibility analysis. See 5 U.S.C. 603, 604.

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E. Executive Order 13132 Federalism A rule has federalism implications under Executive Order 13132, Federalism, if it has a substantial direct effect on state governments, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. DHS has analyzed this rule under that Order and has determined that although this rule affects the states, it does not impose substantial direct compliance costs or preempt state law. In fact, the rule is responsive to concerns expressed by state agencies regarding the upcoming deadlines. DHS has determined that the rule is consistent with Executive Order 13132.
F. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Unfunded Mandates Reform Act addresses actions that may result in the expenditure by a state, local, or Tribal government, in the aggregate, or by the private section of $100 million adjusted for inflation or more in any one year.
This rule will not result in such an expenditure.
G. Executive Order 13175 Tribal Consultation This rule does not have Tribal Implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
H. Environment DHS reviews proposed actions to determine whether the National Environmental Policy Act NEPA
applies to them and, if so, what degree of analysis is required. DHS Directive 02301 Rev. 01 Directive and Instruction Manual 0230100101 Rev.
01 Instruction Manual establish the procedures that DHS and its components use to comply with NEPA
and the Council on Environmental Quality CEQ regulations for implementing NEPA, 40 CFR parts 1500
through 1508.
The CEQ regulations allow federal agencies to establish, with CEQ review and concurrence, categories of actions categorical exclusions which experience has shown do not
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individually or cumulatively have a significant effect on the human environment and, therefore, do not require an Environmental Assessment EA or Environmental Impact Statement EIS. 40 CFR 1507.3b2ii, 1508.4. For an action to be categorically excluded, it must satisfy each of the following three conditions: 1 The entire action clearly fits within one or more of the categorical exclusions; 2
the action is not a piece of a larger action; and 3 no extraordinary circumstances exist that create the potential for a significant environmental effect. Instruction Manual section V.B2ac.
The delay effectuated by this rule fits within categorical exclusion A3a Promulgation of rules . . . of a strictly administrative or procedural nature.
Instruction Manual, Appendix A, Table 1. Furthermore, the rule is not part of a larger action and presents no extraordinary circumstances creating the potential for significant environmental impacts. Therefore, the rule is categorically excluded from further NEPA review.
List of Subjects in 6 CFR Part 37
Document security, Drivers licenses, Identification cards, Motor vehicle administrations, Physical security.
The Amendments For the reasons set forth above, the Department of Homeland Security amends 6 CFR part 37 as follows:
PART 37REAL ID DRIVERS
LICENSES AND IDENTIFICATION
CARDS
1. The authority citation for part 37
continues to read as follows:

Authority: 49 U.S.C. 30301 note; 6 U.S.C.
111, 112.

Subpart AGeneral 2. In 37.5, revise paragraphs b and c to read as follows:

37.5 Validity periods and deadlines for REAL ID drivers licenses and identification cards.

b On or after May 3, 2023, Federal agencies shall not accept a drivers license or identification card for official purposes from any individual unless such license or card is a REAL ID
compliant drivers license or identification card issued by a State that has been determined by DHS to be in full compliance as defined under this subpart.
c Through the end of May 2, 2023, Federal agencies may accept for official
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