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)

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.

[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]


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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.

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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:
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    \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.
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    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