1 CFR § 51.7(3) [0] is laying out the requirements by which a reference is eligible for being included in rulemaking?

The 5 U.S.C. 552(a) [1] it modifies notes that "Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published."

Which seems to be a pretty broad definition of affected person.

I'd certainly consider myself to be affected if in order to avail myself of one option of TSA identification for air travel I had to use an app that did... (reference not openly available)

[0] https://www.ecfr.gov/current/title-1/part-51/section-51.7#p-...

[1] https://www.govinfo.gov/link/uscode/5/552

But that’s not what this is. None of this precludes regular REAL IDs so the class of people arguably is only people with REAL IDs who are interested in making them an mDL. (Well, and companies implementing the specification)