OMB Approves TSA Real ID Standards Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from TSA on “ Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Phased Approach for Card-Based Enforcement”. This final rule was submitted to OIRA on December 2^nd, 2024. The notice of proposed rulemaking for this action was published on September 12^th, 2024.

According to the Fall 2024 Unified Agenda entry for this rulemaking:

“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.”

As I reported in an earlier post:

“It is interesting to note that there were over 11,000 comments submitted on the NPRM. It appears that a significant number of (probably most, but I certainly have not read each and every one) object to the Real ID regulations, not this implementation rule. For example, one anonymous commentor stated: “I do not support the real ID. I feel it is significant government over reach and will limit individual freedoms.” This would be part and parcel of an overweening objection to a ‘national ID card’ by most libertarians and conservatives, even though the ID cards will continue to be issued and administered by State governments.”

I will not be covering this rule in any detail, but I will be mentioning its publication in the appropriate ‘Short Takes’ post.