Terminology Relating to Sex; Technical Amendments

This final rule makes technical amendments to certain sections of the CFR. Section 3(c) of Executive Order 14168 of January 20, 2025 (Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government), requires Federal agencies to use the term “sex” and not “gender” in all applicable agency policies and documents. In compliance with this section of the Executive order, this technical amendment replaces the term “gender” with “sex” wherever it appears in TSA's regulations.

Table 1 identifies the context for each change in 6 CFR part 37

Table 1--Revisions to 6 CFR Part 37

Description of

Section regulatory Specific terminology

requirement change

37.17(c).................... Information that Section 37.17(c)

must appear on the will be revised as

surface of a REAL follows:

ID driver's license “Sex, as determined

or identification by the State.”

card to be accepted

by Federal agencies. 37.17(m).................... Printed information “The , , , sex . .

on REAL ID driver's . on the face of

licenses and the card must be in

identification Latin alpha-numeric

cards. characters. . . .” 37.19(e).................... Machine-readable “Sex.”

technology minimum

data elements.

Table 2 identifies the context for each change in 49 CFR part 1500.

Table 2--Revisions to 49 CFR Part 1500

Description of

Section regulatory Specific terminology

requirement change

1500.5(a)................... General statement on Section 1500.5(a)(3)

rules of will be revised as

construction for follows:

TSA's regulations. “Words importing

the masculine sex

include the

feminine.”

Table 3 identifies the context for each change in 49 CFR part 1540.

Table 3--Revisions to 49 CFR Part 1540

1540.107(b)................. Information that Section 1540.107(b)

must be submitted will be revised as

for flight follows:

reservations. “An individual must

provide his or her

full name, as

defined in Sec.

1560.3 of this

chapter, date of

birth, and sex

when--. . .” 1540.203(c)................. Categories of Section

information that 1540.203(c)(5) will

must be submitted be revised as

by aircraft follows:

operators for “Sex.”

security threat

assessments.

Table 4 identifies the context for each change in 49 CFR part 1560.

Table 4--Revisions to 49 CFR Part 1560

1560.3...................... Definitions of Definition in

passport Section 1560.3 will

information be revised as

applicable to the follows:

Secure Flight “Passport

program. information . . .

, , ,

(4) Sex.

. . .

Definition in

Section 1560.3 will

be revised as

follows:

Secure Flight

Passenger Data or

(SFPD) . . .

(3) Sex.

....................

. . .” 1560.101(a)(1).............. Information to be Section

requested from 1560.101(a)(1) will

passengers by be revised as

aircraft operators follows:

for purposes of “Each covered

Secure Flight aircraft operator

Program. must request the

full . . . sex . .

.

For reservations

made 72 hours prior

to the scheduled

time of departure .

. . sex . . .

For an individual

that makes a

reservation for a

covered flight

within 72 . . . sex

. . .” 1560.101(a)(3).............. Information to be Section

requested from 1560.101(a)(3) will

passengers by be revised as

aircraft operators follows:

for purposes of “Each covered

Secure Flight aircraft operator .

Program. . . sex.”

Table 5 identifies the context for each change in 49 CFR part 1572.

Table 5--Revisions to 49 CFR Part 1572

1572.9(a)................... Categories of Section 1572.9(a)(4)

information that will be revised as

must be submitted follows:

for a Hazardous “Sex.”

Materials

Endorsement (HME)

security threat

assessment. 1572.17(a).................. Categories of Section

information that 1572.17(a)(4) will

must be submitted be revised as

for a follows:

Transportation “Sex.”

Worker

Identification

Credential (TWIC)

security threat

assessment.

These technical revisions are limited to changing the term in TSA's regulations to comply with section 3(c) of the Executive order. TSA is continuing to assess its need for, and use of, information that identifies sex. Specific use cases will be addressed separately from the technical amendments in this rulemaking.

The Administrative Procedure Act (APA) (5 U.S.C. 553(B)(3)(b)) provides that when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, an agency may issue a rule without providing notice and an opportunity for public comment. TSA has determined that there is good cause for making this technical amendment final without prior proposal and opportunity for

comment because the revisions are not substantive and will have no impact on the regulatory requirements in the affected parts. TSA has determined that public comment on such administrative changes is unnecessary and that there is good cause under the APA for proceeding with a final rule.

TSA has also determined that this rule is exempt from the notice and comment requirement under the APA because it is a rule of agency organization, procedure, or practice. (See 5 U.S.C. 553(b)(A)) Because the rule is simply an administrative change that replaces terminology without altering the rights or interests of parties, it has no substantive effect on the regulatory requirements and places no stamp of approval or disapproval on any type of behavior. Accordingly, TSA is issuing this rule in its final form as a procedural rule.

Further, because a notice of proposed rulemaking and opportunity for public comment are not required for this rule under the APA or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, this rule is issued in final form.

Before a rule can take effect, the Congressional Review Act (CRA), as codified at 5 U.S.C. 801-808, requires Federal agencies to submit the rule and a report to Congress and the Comptroller General indicating whether it is a major rule. Under 5 U.S.C. 804(3)(C), rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties are not considered rules for the purposes of the CRA. This technical amendment is a rule of agency organization, procedure, or practice that will not substantially affect the rights or obligations of non-agency parties. Thus, TSA is not required to submit the rule for review under the CRA.

For the reasons stated in the preamble, the Transportation Security Administration amends chapter I of title 6, and chapter XII of title 49, Code of Federal Regulations, as follows:

PART 37--REAL ID DRIVER'S LICENSES AND IDENTIFICATION CARDS

0 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.

Sec. 37.17 [Amended]

0 2. In Sec. 37.17: 0 a. Amend paragraph (c) by removing the word “Gender” and adding, in its place, “Sex” and 0 b. Amend paragraph (m) by removing the word “gender” and adding, in its place, “sex”.

Sec. 37.19 [Amended]

0 3. In Sec. 37.19, amend paragraph (e) by removing the word “Gender” and adding, in its place, “Sex”.

PART 1500--APPLICABILITY, TERMS, AND ABBREVIATIONS

0 4. The authority citation for part 1500 continues to read as follows:

Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 44916-44918, 44935-44936, 44939, 44942, 46105; Pub. L. 110-53 (121 Stat. 266, Aug. 3, 2007) secs. 1408 (6 U.S.C. 1137), 1501 (6 U.S.C. 1151), 1517 (6 U.S.C. 1167), and 1534 (6 U.S.C. 1184).

Sec. 1500.5 [Amended]

0 5. In Sec. 1500.5, amend paragraph (a)(3) by removing the word “gender” and adding, in its place, “sex”.

PART 1540--CIVIL AVIATION SECURITY: GENERAL RULES

0 6. The authority citation for part 1540 continues to read as follows:

Authority: 49 U.S.C. 114, 5103, 40113, 44901-44907, 44913-44914, 44916-44918, 44925, 44935-44936, 44942, 46105.

Sec. 1540.107 [Amended]

0 7. In Sec. 1540.107, amend paragraph (b) by removing the word “gender” and adding, in its place, “sex”.

Sec. 1540.203 [Amended]

0 8. In Sec. 1540.203, amend paragraph (c)(5) by removing the word “Gender” and adding, in its place, “Sex”.

PART 1560--SECURE FLIGHT PROGRAM

0 9. The authority citation for part 1560 continues to read as follows:

Authority: 49 U.S.C. 114, 40113, 44901, 44902, 44903.

Sec. 1560.3 [Amended]

0 10. In Sec. 1560.3, amend this section by removing the word “gender” wherever it appears and adding, in its place, “sex”.

Sec. 1560.101 [Amended]

0 11. In Sec. 1560.101, amend paragraphs (a)(1) and (3) by removing the word “gender” wherever it appears and adding, in its place, “sex”.

PART 1572--CREDENTIALING AND SECURITY THREAT ASSESSMENTS

0 12. The authority citation for part 1572 continues to read as follows:

Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and 46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.

Sec. 1572.9 [Amended]

0 13. In Sec. 1572.9, amend paragraph (a)(4) by removing the word “Gender” and adding, in its place, “Sex”.

Sec. 1572.17 [Amended]

0 14. In Sec. 1572.17, amend paragraph (a)(4) by removing the word “Gender” and adding, in its place, “Sex”.

Dated: May 13, 2025. Ha Nguyen McNeill, Acting Administrator, Transportation Security Administration. [FR Doc. 2025-08920 Filed 5-20-25; 8:45 am] BILLING CODE 9110-05-P