(a) Application process. Each State requesting a temporary waiver must file with TSA a complete application as set forth in §§ 37.10(a) and (b). Application filing instructions may be obtained from TSA at www.tsa.gov/real-id/mDL.

(b) Decisions. TSA will provide written notice via email to States within 60 calendar days, to the extent practicable, but in no event longer than 90 calendar days, indicating that TSA has made one of the following decisions:

(1) Approved. Upon approval of an application for a temporary waiver, TSA will issue a certificate of waiver to the State, and publish the State's name in a list of mDLs approved for Federal use at www.tsa.gov/real-id/mDL.

(2) Insufficient. Upon determination that an application for a temporary waiver is incomplete or otherwise deficient, TSA will provide the State an explanation of deficiencies, and an opportunity to address any deficiencies and submit an amended application. States will have 60 calendar days to respond to the notice, and TSA will respond via email within 30 calendar days.

(3) Denied. Upon determination that an application for a waiver fails to meet criteria specified in §§ 37.10(a) and (b), TSA will provide the State specific grounds on which the denial is based, and provide the State an opportunity to seek reconsideration as provided in paragraph (c) of this section.

(c) Reconsideration—(1) How to File Request. States will have 90 calendar days to file a request for reconsideration of a denied application. The State must explain what corrective action it intends to implement to correct any defects cited in the denial or, alternatively, explain why the denial is incorrect. Instructions on how to file a request for reconsideration for denied applications may be obtained from TSA at www.tsa.gov/real-id/mDL. TSA will notify States of its final determination within 60 calendar days of receipt of a State's request for reconsideration.

(2) Final agency action. An adverse decision upon reconsideration is a final agency action. A State whose request for reconsideration has been denied may submit a new application at any time following the process set forth in paragraph (a) of this section.

(d) Terms and conditions. A certificate of waiver will specify—

(1) The effective date of the waiver;

(2) The expiration date of the waiver; and

(3) Any additional terms or conditions as necessary.

(e) Limitations; suspension; termination—(1) Validity period. A certificate of waiver is valid for a period of 3 years from the date of issuance.

(2) Reporting requirements. If a State, after it has been granted a certificate of waiver, makes any significant additions, deletions, or modifications to its mDL issuance processes, other than routine systems maintenance and software updates, that differ materially from the information the State provided in response to §§ 37.10(a) and (b) under which the waiver was granted, the State must provide written notice of such changes to TSA at www.tsa.gov/real-id/mDL 60 calendar days before implementing such additions, deletions, or modifications. If a State is uncertain whether its particular changes require reporting, the State may contact TSA as directed at www.tsa.gov/real-id/mDL.

(3) Compliance. A State that is issued a certificate of waiver under this section must comply with all applicable REAL ID requirements in § 37.51(a), and with all terms and conditions specified in paragraph (d)(3) of this section.

(4) Suspension. (i) TSA may suspend the validity of a certificate of waiver for any of the following reasons:

(A) Failure to comply. TSA determines that a State has failed to comply with paragraph (d)(3) or (e)(2) of this section, or has issued mDLs in a manner not consistent with the information provided under §§ 37.10(a) or (b); or

(B) Threats to security, privacy, and data integrity. TSA reserves the right to suspend a certificate of waiver at any time upon discovery that Federal acceptance of a State's mDL is likely to cause imminent or serious threats to the security, privacy, or data integrity of any Federal agency. In such instances, TSA will provide written notice via email to each affected State as soon as practicable after discovery of the triggering event, including reasons for suspension, an explanation of any corrective actions a State must take to resume validity of its certificate of waiver.

(ii) Before suspending a certificate of waiver under paragraph (e)(4)(i)(A) of this section, TSA will provide to such State written notice via email of intent to suspend, including an explanation of deficiencies and instructions on how the State may cure such deficiencies. States will have 30 calendar days to respond to the notice, and TSA will respond via email within 30 calendar days. TSA's response would include one of the following: withdrawal of the notice, a request for additional information, or a final suspension.

(iii) If TSA issues a final suspension, TSA will temporarily remove the State from the list of mDLs approved for Federal acceptance for official purposes. TSA will continue to work with a State to whom TSA has issued a final suspension to resume validity of its existing certificate of waiver. A State that has been issued a final suspension may seek a new certificate of waiver by submitting a new application following the process set forth in paragraph (a) of this section.

(5) Termination. (i) TSA may terminate a certificate of waiver at an earlier date than specified in paragraph (d)(2) of this section if TSA determines that a State—

(A) Does not comply with applicable REAL ID requirements in § 37.51(a);

(B) Is committing an egregious violation of requirements specified under paragraph (d)(3) or (e)(2) of this section that the State is unwilling to cure; or

(C) Provided false information in support of its waiver application.

(ii) Before terminating a certificate of waiver, TSA will provide the State written notice via email of intent to terminate, including findings on which the intended termination is based, together with a notice of opportunity to present additional information. States must respond to the notice within 7 calendar days, and TSA will reply via email within 30 calendar days. TSA's response would include one of the following: withdrawal of the notice, a request for additional information, or a final termination.

(iii) If TSA issues a final termination, TSA will remove the State from the list of mDLs approved for Federal acceptance for official purposes. A State whose certificate of waiver has been terminated may seek a new waiver by submitting a new application following the process set forth in paragraph (a) of this section.

(6) Reapplication. A State seeking extension of a certificate of waiver after expiration of its validity period must file a new application under paragraph (a) of this section.

(f) Effect of status of certificate of waiver. (1) Issuance of a certificate of waiver is not a determination of compliance with any other section in this part.

(2) An application for certificate of waiver that TSA has deemed insufficient or denied, or a certificate of waiver that TSA has deemed suspended, terminated, or expired, is not a determination of non-compliance with any other section in this part.

(g) SSI. Information provided in response to paragraphs (a), (b)(2), (c), (e)(2), (e)(4)(ii), and (e)(5)(ii) of this section may contain SSI, and if so, must be handled and protected in accordance with 49 CFR part 1520.

[89 FR 85377, Oct. 25, 2024]