State-Issued Driver's Licenses and Comparable Identification Documents

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Part 1331

[Docket No. NHTSA-98-3945]

RIN 2127-AG91

State-Issued Driver's Licenses and Comparable Identification

Documents

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking; reopening of comment period.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA)

published a notice of proposed rulemaking (NPRM) on June 17, 1998, in

which the agency proposed regulations to implement section 656(b) of

the Illegal Immigration Reform and Immigrant Responsibility Act of

1996--State Issued Driver's Licenses and Comparable Identification

Documents. The comment period for the NPRM closed on August 3, 1998. In

response to requests for an extension of the comment period, NHTSA is

reopening the comment period and extending it until October 2, 1998.

DATES: Comments must be received by October 2, 1998.

ADDRESSES: Written comments should refer to the docket number and the

number of this notice, and be submitted (preferably two copies) to:

Docket Management, Room PL-401, National Highway Traffic Safety

Administration, Nassif Building, 400 Seventh Street, SW, Washington, DC

20590. (Docket hours are Monday-Friday, 10 a.m. to 5 p.m., excluding

Federal holidays.)

FOR FURTHER INFORMATION CONTACT: Mr. William Holden, Chief, Driver

Register and Traffic Records Division, NTS-32, NHTSA, 400 Seventh

Street, SW, Washington, DC 20590; telephone (202) 366-4800, or Ms.

Heidi L. Coleman, Assistant Chief Counsel for General Law, NCC-30,

NHTSA, 400 Seventh Street, SW, Washington, DC 20590; telephone (202)

366-1834.

SUPPLEMENTARY INFORMATION: On September 30, 1996, the Omnibus

Consolidated Appropriations Act for Fiscal Year 1997, P.L. 104-208, was

signed into law. Included in the Omnibus Act were the provisions of the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(hereinafter, the ``Immigration Reform Act''). Section 656(b) of the

Act, entitled State-Issued Driver's Licenses and Comparable

Identification Documents, provides that, after October 1, 2000, Federal

agencies may not accept as proof of identity driver's licenses or other

comparable identification documents, issued by a State, unless the

driver's license or identification document conforms to certain

requirements.

Section 656(b) establishes three requirements that State issued

driver's licenses or other comparable identification documents must

meet to be acceptable to Federal agencies as proof of identity. The

requirements concern the application process for driver's licenses and

identification documents, the form of driver's licenses and

identification documents (including security features) and the use of

social security numbers on driver's licenses and identification

documents. On June 17, 1998 (63 FR 33220), the agency published a

proposed rule to implement these statutory requirements. Interested

persons were invited to provide comments on the proposed rule on or

before August 3, 1998.

Since that time it has come to the agency's attention that there is

considerable public interest in the proposed regulations. NHTSA has

received numerous requests from interested individuals for an extension

of the comment period in order to have sufficient time to review the

proposal and prepare comments.

In addition, on July 29, 1998, concerns regarding the agency's

proposed rule were expressed in the U.S. House of Representatives by

Congressman Barr of Georgia; Congressman Smith of Texas, Chairman of

the Subcommittee on Immigration and Claims; and Congressman Paul of

Texas. To address these concerns, Congressman Wolf of Virginia,

Chairman of the Transportation Subcommittee of the House Committee on

Appropriations, suggested that a meeting take place with NHTSA

officials. Congressional Record, July 29, 1998, H6736-7.

A meeting was held on August 4, 1998, in the Office of the

Transportation Subcommittee of the House Committee on Appropriations.

Congressman Barr, Chairman Smith and Congressman Paul, Congressional

staff members and NHTSA representatives attended the meeting. At the

meeting, the agency was asked to consider reopening the comment period

for this rulemaking action, to permit all interested parties to have

sufficient time to consider the agency's proposal and to provide their

written comments.

After considering these requests, NHTSA has concluded that it is in

the public interest to allow additional time for comments. Accordingly,

the agency

[[Page 44416]]

is reopening the comment period until October 2, 1998. During this

reopened comment period, it is not necessary for commenters to resubmit

views that have already been expressed in previous comments.

Authority: Pub. L. 104-208, 110 Stat. 3009-716 (5 U.S.C. 301)

delegation of authority at 49 CFR 1.50.

Issued on: August 14, 1998.

Philip R. Recht,

Deputy Administrator, National Highway Traffic Safety Administration.

[FR Doc. 98-22314 Filed 8-18-98; 8:45 am]

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