80 FR 40077 - Designation of an Enhanced Driver's License and Identity Document Issued by the State of Minnesota as a Travel Document Under the Western Hemisphere Travel Initiative
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 80, Issue 133 (July 13, 2015)
U.S. Customs and Border Protection
Federal Register Volume 80, Issue 133 (July 13, 2015)
| Page Range | 40077-40079 | |
| FR Document | 2015-17043 |
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)] [Notices] [Pages 40077-40079] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17043] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. 15-10] Designation of an Enhanced Driver's License and Identity Document Issued by the State of Minnesota as a Travel Document Under the Western Hemisphere Travel Initiative AGENCY: U.S. Customs and Border Protection, DHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces that the Commissioner of U.S. Customs and Border Protection is designating enhanced driver's licenses and identity documents issued by the State of Minnesota as acceptable documents for purposes of the Western Hemisphere Travel Initiative. These documents may be used to denote identity and citizenship of U.S. citizens entering the United States from within the Western Hemisphere at land and sea ports of entry. DATES: This designation is effective July 13, 2015. FOR FURTHER INFORMATION CONTACT: Arthur A. E. Pitts, Director, Traveler Policies Division, Admissibility and [[Page 40078]] Passenger Programs, Office of Field Operations, U.S. Customs and Border Protection, via email at [email protected]. SUPPLEMENTARY INFORMATION: Background The Western Hemisphere Travel Initiative Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), Public Law 108-458, as amended, required the Secretary of Homeland Security (Secretary), in consultation with the Secretary of State, to develop and implement a plan to require U.S. citizens and individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)) to present a passport or other document or combination of documents as the Secretary deems sufficient to denote identity and citizenship for all travel into the United States. See 8 U.S.C. 1185 note. On April 3, 2008, the Department of Homeland Security (DHS) and the Department of State promulgated a joint final rule, effective on June 1, 2009, that implemented the plan known as the Western Hemisphere Travel Initiative (WHTI) at U.S. land and sea ports of entry. See 73 FR 18384 (the WHTI land and sea final rule). It amended various sections of title 8 of the Code of Federal Regulations (CFR), including 8 CFR 212.0, 212.1, and 235.1. The WHTI land and sea final rule specifies the documents that U.S. citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico are required to present when entering the United States at land and sea ports of entry from within the Western Hemisphere (which includes contiguous territories and adjacent islands of the United States). Under the WHTI land and sea final rule, one type of citizenship and identity document that U.S. citizens may present upon entry to the United States is an enhanced driver's license or identification document\1\ (EDL) designated as an acceptable document to denote identity and citizenship by the Secretary pursuant to section 7209 of IRTPA, as amended. Section 235.1(d) of title 8 of the Code of Federal Regulations, as amended by the WHTI land and sea final rule, states: --------------------------------------------------------------------------- \1\ The enhanced driver's license or identification document may be in one of two forms, as decided by the issuing authority, provided that the document (card) denotes identity and citizenship and meets technical requirements: (1) An enhanced driver's license or (2) an enhanced identity card. The designation ``EDL'' covers both documents. --------------------------------------------------------------------------- Upon designation by the Secretary of Homeland Security of an enhanced driver's license as an acceptable document to denote identity and citizenship for purposes of entering the United States, U.S. citizens and Canadians may be permitted to present these documents in lieu of a passport upon entering or seeking admission to the United States according to the terms of the agreements entered between the Secretary of Homeland Security and the entity. The Secretary of Homeland Security will announce, by publication of a notice in the Federal Register, documents designated under this paragraph. A list of designated documents will also be made available to the public. The Secretary has delegated to the Commissioner of U.S. Customs and Border Protection (CBP) the authority to designate certain documents as acceptable border crossing documents for persons arriving in the United States by land or sea from within the Western Hemisphere, including state-specific EDLs. See DHS Delegation Number 7105 (Revision 00), dated January 16, 2009. EDL Programs DHS is committed to working with the various States of the Union and the Government of Canada to facilitate the development of State and province-issued EDLs as travel documents that denote identity and citizenship as required under section 7209 of IRTPA, as amended. As part of the process, CBP will enter into one or more agreements with a State that specifies the requirements for developing and issuing WHTI- compliant EDLs, including a testing and auditing process to ensure that the cards are produced and issued in accordance with the terms of the agreements. After production of the cards in accordance with the specified requirements, and successful testing and auditing by CBP of the cards and program, the Secretary of DHS or the Commissioner of CBP may designate the EDL as an acceptable WHTI-compliant document for the purpose of establishing identity and citizenship when entering the United States by land or sea from contiguous territory or adjacent islands. Such designation will be announced by publication of a notice in the Federal Register. More information about WHTI-compliant documents is available at www.cbp.gov/travel. Minnesota EDLs The State of Minnesota (Minnesota) has established a voluntary program to develop EDLs that would denote identity and citizenship. On October 1, 2012, CBP and Minnesota entered into a Memorandum of Agreement (MOA) to develop, issue, test, and evaluate an enhanced driver's license and identification card with facilitative technology to be used for border crossing purposes. On November 21, 2012, CBP approved the plan outlining the business process for the implementation of the Minnesota EDL program. Under the terms of the MOA and business plan, Minnesota will only issue EDLs to U.S. citizens. EDLs also may be issued as photo identification cards to non-drivers. The cards are to incorporate physical security features acceptable to CBP as well as facilitative technology allowing for electronic validation of identity and citizenship. Subsequently, CBP and Minnesota entered into two related agreements, a December 11, 2012 service level agreement and an April 15, 2013 security agreement. The former memorializes the technical specifications for the production, issuance and use of the card, and the latter addresses confidentiality and information sharing. CBP has tested the cards developed by Minnesota pursuant to the above agreements and has performed an audit of Minnesota's EDL program. On the basis of these tests and audit, CBP has determined that the cards meet the requirements of section 7209 of IRTPA and are acceptable documents to denote identity and citizenship for purposes of entering the United States at land and sea ports of entry from contiguous territory or adjacent islands. CBP's continued acceptance of the Minnesota EDL as a WHTI-compliant document is conditional on compliance with the MOA and all related agreements. Acceptance and use of the WHTI-compliant EDL is voluntary. If an individual is denied a WHTI-compliant EDL, he or she may still apply for a passport or other WHTI-compliant document. Designation This notice announces that the Commissioner of CBP designates the EDL issued by Minnesota in accordance with the MOA and all related agreements between Minnesota and CBP as an acceptable document to denote identity and citizenship pursuant to section 7209 of IRTPA and 8 CFR 235.1(d). Therefore, pursuant to 8 CFR 235.1(d), U.S. citizen holders of Minnesota EDLs may present these EDLs as an alternative to a passport upon entering the United States at all land and sea ports of entry when coming from contiguous territory and [[Page 40079]] adjacent islands from within the Western Hemisphere. Dated: July 7, 2015. R. Gil Kerlikowske, Commissioner. [FR Doc. 2015-17043 Filed 7-10-15; 8:45 am] BILLING CODE 9111-14-P
![Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices 40077
agreement entered between the Secretary of for the purpose of establishing identity related agreements between the tribe
Homeland Security and the tribe. The and citizenship when entering the and CBP as an acceptable WHTI-
Secretary of Homeland Security will United States by land or sea from compliant document pursuant to section
announce, by publication of a notice in the contiguous territory or adjacent islands. 7209 of the IRTPA and 8 CFR 235.1(e).
Federal Register, documents designated
under this paragraph. A list of the documents
Such designation will be announced by In accordance with these provisions, the
designated under this paragraph will also be publication of a notice in the Federal approved card, if valid and lawfully
made available to the public. Register. More information about WHTI- obtained, may be used to denote
compliant documents is available at identity and U.S. or Canadian
A ‘‘United States qualifying tribal www.cbp.gov/travel. citizenship of Seneca Nation members
entity’’ is defined as a ‘‘tribe, band, or
Seneca Nation of Indians WHTI- for the purposes of entering the United
other group of Native Americans
Compliant Tribal Card Program States from contiguous territory or
formally recognized by the United
adjacent islands at land and sea ports of
States Government which agrees to meet The Seneca Nation of Indians (Seneca entry.4
WHTI document standards.’’ 2 Native Nation) has voluntarily established a
American tribal cards are also program to develop a WHTI-compliant Dated: July 7, 2015.
referenced in 8 CFR 235.1(b) which lists tribal card that denotes identity and R. Gil Kerlikowske,
the documents U.S. citizens may use to U.S. or Canadian citizenship. On Commissioner.
establish identity and citizenship when November 10, 2009, CBP and the Seneca [FR Doc. 2015–17039 Filed 7–10–15; 8:45 am]
entering the United States. See 8 CFR Nation signed a Memorandum of BILLING CODE 9111–14–P
235.1(b)(7). Agreement (MOA) to develop, issue,
The Secretary has delegated to the test, and evaluate tribal cards to be used
Commissioner of U.S. Customs and for border crossing purposes. Pursuant DEPARTMENT OF HOMELAND
Border Protection (CBP) the authority to to this MOA, the cards are issued to SECURITY
designate certain documents as members of the Seneca Nation who can
acceptable border crossing documents establish identity, tribal membership, U.S. Customs and Border Protection
for persons arriving in the United States and U.S. or Canadian citizenship. The [CBP Dec. 15–10]
by land or sea from within the Western cards incorporate physical security
Hemisphere, including certain United features acceptable to CBP as well as Designation of an Enhanced Driver’s
States Native American tribal cards. See facilitative technology allowing for License and Identity Document Issued
DHS Delegation Number 7105 (Revision electronic validation of identity, by the State of Minnesota as a Travel
00), dated January 16, 2009. citizenship, and tribal membership by Document Under the Western
Tribal Card Program CBP. In 2013, CBP and the Seneca Hemisphere Travel Initiative
Nation entered into two related
The WHTI land and sea final rule AGENCY: U.S. Customs and Border
agreements, a January 15, 2013 service
allowed U.S. federally recognized Protection, DHS.
level agreement and an April 15, 2013
Native American tribes to work with ACTION: Notice.
security agreement. The former
CBP to enter into agreements to develop memorializes the technical
tribal ID cards that can be designated as SUMMARY: This notice announces that
specifications for the production, the Commissioner of U.S. Customs and
acceptable to establish identity and issuance and use of the card, and the
citizenship when entering the United Border Protection is designating
latter addresses confidentiality and enhanced driver’s licenses and identity
States at land and sea ports of entry information sharing.
from contiguous territory or adjacent documents issued by the State of
CBP has tested the cards developed by Minnesota as acceptable documents for
islands. CBP has been working with the Seneca Nation pursuant to the above
various U.S. federally recognized Native purposes of the Western Hemisphere
agreements and has performed an audit Travel Initiative. These documents may
American tribes to facilitate the of the tribe’s card program. On the basis
development of such cards.3 As part of be used to denote identity and
of these tests and audit, CBP has citizenship of U.S. citizens entering the
the process, CBP will enter into one or determined that the cards meet the
more agreements with a U.S. federally United States from within the Western
requirements of section 7209 of the Hemisphere at land and sea ports of
recognized tribe that specify the IRTPA and are acceptable documents to
requirements for developing and issuing entry.
denote identity and citizenship for
WHTI-compliant tribal cards, including purposes of entering the United States at DATES: This designation is effective July
a testing and auditing process to ensure land and sea ports of entry from 13, 2015.
that the cards are produced and issued contiguous territory or adjacent islands. FOR FURTHER INFORMATION CONTACT:
in accordance with the terms of the CBP’s continued acceptance of the tribal Arthur A. E. Pitts, Director, Traveler
agreements. card as a WHTI-compliant document is Policies Division, Admissibility and
After production of the cards in conditional on compliance with the
accordance with the specified MOA and all related agreements.
4 The Native American Tribal Card issued by the
requirements, and successful testing and Seneca Nation of Indians may not, by itself, be used
Acceptance and use of the WHTI- by Canadian citizen tribal members to establish that
auditing by CBP of the cards and compliant tribal card is voluntary for they meet the requirements of section 289 of the
program, the Secretary of Homeland tribe members. If an individual is Immigration and Nationality Act (INA) [8 U.S.C.
Security or the Commissioner of CBP
asabaliauskas on DSK5VPTVN1PROD with NOTICES
denied a WHTI-compliant tribal card, he 1359]. INA § 289 provides that nothing in this title
may designate the tribal card as an shall be construed to affect the right of American
or she may still apply for a passport or Indians born in Canada to pass the borders of the
acceptable WHTI-compliant document other WHTI-compliant document. United States, but such right shall extend only to
persons who possess at least 50 per centum of blood
2 See 8 CFR 212.0. This definition applies to 8 Designation of the American Indian race. While the tribal card
CFR 212.1 and 235.1. This notice announces that the may be used to establish a card holder’s identity for
3 The Native American tribal cards qualifying to purposes of INA § 289, it cannot, by itself, serve as
be a WHTI-compliant document for border crossing
Commissioner of CBP designates the evidence of the card holder’s Canadian birth or that
purposes are commonly referred to as ‘‘Enhanced tribal card issued by the Seneca Nation he or she possesses at least 50% American Indian
Tribal Cards’’ or ‘‘ETCs.’’ in accordance with the MOA and all blood, as required by INA § 289.
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![Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices 40079
adjacent islands from within the legal authority for the test; explains the For the convenience of the public, a
Western Hemisphere. purpose of the test; provides test chronological listing of Federal Register
Dated: July 7, 2015. participant responsibilities; identifies publications detailing ACE test
R. Gil Kerlikowske,
the regulations that will be waived developments is set forth below in
under the test; provides eligibility Section XII, entitled, ‘‘Development of
Commissioner.
criteria for participation in the test; ACE Prototypes.’’ The procedures and
[FR Doc. 2015–17043 Filed 7–10–15; 8:45 am]
explains the application process; and criteria related to participation in the
BILLING CODE 9111–14–P establishes the duration of the test. This prior ACE tests remain in effect unless
notice also explains the repercussions otherwise explicitly changed by this or
and appeals process for misconduct subsequent notices published in the
DEPARTMENT OF HOMELAND under the test. Federal Register.
SECURITY
DATES: The initial phase of the RLF test II. Authorization for the Test
U.S. Customs and Border Protection will begin on August 12, 2015. This test
will continue until concluded by way of The Customs Modernization
National Customs Automation an announcement in the Federal provisions provide the Commissioner of
Program (NCAP) Concerning Remote Register. Comments will be accepted CBP with authority to conduct limited
Location Filing Entry Procedures in the through the duration of the test. test programs or procedures designed to
Automated Commercial Environment evaluate planned components of the
ADDRESSES: Comments concerning this
(ACE) and the Use of the Document NCAP. The test described in this notice
notice and any aspect of this test may
Image System for the Submission of is authorized pursuant to § 101.9(b) of
be submitted at any time during the test
Invoices and the Use of eBonds for the title 19 of the Code of Federal
via email to Josephine Baiamonte, ACE
Regulations (19 CFR 101.9(b)), which
Transmission of Single Transaction Business Office (ABO), Office of provides for the testing of NCAP
Bonds International Trade at programs or procedures. See Treasury
AGENCY: U.S. Customs and Border josephine.baiamonte@cbp.dhs.gov. In Decision (T.D.) 95–21.
Protection, Department of Homeland the subject line of your email, please
indicate, ‘‘Comment on RLF Test FRN’’. III. Remote Location Filing (RLF)
Security.
FOR FURTHER INFORMATION CONTACT: For Remote location filing is a planned
ACTION: General notice.
technical questions related to the component of the NCAP, authorized by
SUMMARY: This document announces Automated Commercial Environment section 411 of the Tariff Act of 1930, as
U.S. Customs and Border Protection’s (ACE) or Automated Broker Interface amended by section 631 of the Customs
(CBP’s) plan to conduct a National (ABI) transmissions, contact your Modernization Act. See 19 U.S.C.
Customs Automation Program (NCAP) assigned client representative. 1411(a)(2)(B). After years of testing RLF
test concerning entries filed using Interested parties without an assigned entry procedures, CBP published a final
remote location (RLF) filing procedures. client representative should direct their rule in the Federal Register that
The test expands the entry types eligible questions to Steven Zaccaro at implemented RLF as a special entry
for RLF procedures and the port steven.j.zaccaro@cbp.dhs.gov. procedure. See 74 FR 69015 (December
locations where RLF entries may be SUPPLEMENTARY INFORMATION: 30, 2009). These regulations, codified at
filed; requires the electronic 19 CFR part 143, subpart E, authorize
I. Background importers of record and brokers with a
transmission of invoices using the
Document Image System (DIS); and The National Customs Automation national permit to file an entry
requires that single transaction bonds be Program (NCAP) was established in electronically from a remote location
transmitted using eBond for RLF entries Subtitle B of Title VI—Customs other than where the goods are being
requiring a single transaction bond. This Modernization (Customs Modernization entered. Under CBP regulations, only
test applies only to entries ‘‘certified for Act), in the North American Free Trade certain entry types may be filed using
cargo release from summary’’ filed Agreement Implementation Act, Pub. L. RLF procedures and these entries must
through the Automated Commercial 103–182, 107 Stat. 2057 (19 U.S.C. be filed at a RLF-operational CBP
Environment (ACE). Remote location 1411). Through NCAP, the initial thrust location. A current listing of RLF
filing is a special entry procedure which of customs modernization was on trade eligible entry types may be found at the
allows importers of record and brokers compliance and the development of the following link: http://www.cbp.gov/
with a national permit to file an entry Automated Commercial Environment trade/entry-summary/remote-location-
electronically from a remote location (ACE), the planned successor to the filing/eligibility. A current list of RLF-
other than where the goods are being Automated Commercial System (ACS). operational CBP locations may be found
entered. The ability to meet these objectives at the following link: http://
This test is in furtherance of key CBP depends on successfully modernizing www.cbp.gov/document/guidance/rlf-
modernization initiatives and the CBP’s business functions and the operational-location-points-contact.
development of ACE. CBP is information technology that supports At this time, the entry types that may
transitioning all entry types to ACE from those functions. CBP’s modernization be filed using RLF procedures for
the legacy Automated Commercial efforts are accomplished through phased parties not participating in this test are
System (ACS). This test checks the releases of ACE component 01 entries (formal consumption entries),
viability, reliability and functionality functionality designed to introduce a 03 entries (formal consumption entries
asabaliauskas on DSK5VPTVN1PROD with NOTICES
associated with filing invoices using new capacity or to replace a specific subject to antidumping or
DIS; submitting single transaction bonds legacy ACS function. Each release will countervailing duties), and 11 entries
using eBond for RLF entries submitted begin with a test and will end with (informal entries). Interested parties
in ACE; and expanding the entry types mandatory compliance with the new should check the CBP links referenced
eligible for RLF procedures and port ACE feature, thus retiring the legacy above for changes to the entry types
locations. ACS function. Each release builds on authorized for RLF procedures and
This notice invites public comment previous releases and sets the changes to the RLF operational CBP
concerning the test program; provides foundation for subsequent releases. locations.
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Document Created: 2018-02-23 09:17:56
Document Modified: 2018-02-23 09:17:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This designation is effective July 13, 2015. | |
| Contact | Arthur A. E. Pitts, Director, Traveler Policies Division, Admissibility and Passenger Programs, Office of Field Operations, U.S. Customs and Border Protection, via email at [email protected] | |
| FR Citation | 80 FR 40077 |
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