Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) from the TSA on REAL ID Phased Approach for Card-Based Enforcement. TSA sent the NPRM to OIRA on May 3rd, 2024.
According to the Spring 2024 Unified Agenda entry for this rulemaking:
“TSA will issue an NPRM that would explicitly allow some Federal agencies to implement the card-based enforcement provisions of the REAL ID regulations under a phased approach beginning on the May 7, 2025, enforcement deadline for REAL ID compliance. TSA intends to propose a framework under which agencies may exercise enforcement discretion through implementation of a phased enforcement plan that takes into consideration REAL ID-compliant card adoption rates, security, and operational feasibility. To ensure that agencies’ enforcement plans consistently and appropriately advance the objectives of the REAL ID regulations, this rule would require agencies’ plans be coordinated with DHS and that full enforcement is in place by May 5, 2027. 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. As TSA continues to develop this regulation, we seek to engage Federal agencies, State and territorial licensing jurisdictions, and members of the public affected by implementation of REAL ID requirements.”
I do not expect to cover this rulemaking in any detail, but
I will announce it’s publication in the appropriate ‘Short Takes’ post.
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