81 FR 33686 - Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Hydaburg Cooperative Association of Alaska as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 81, Issue 103 (May 27, 2016)
U.S. Customs and Border Protection
Federal Register Volume 81, Issue 103 (May 27, 2016)
| Page Range | 33686-33688 | |
| FR Document | 2016-12552 |
[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)] [Notices] [Pages 33686-33688] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12552] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. 16-08] Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Hydaburg Cooperative Association of Alaska as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry 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 an approved Native American Tribal Card issued by the Hydaburg Cooperative Association of Alaska (HCA Tribe) to U.S. and Canadian citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. The approved card may be used to denote identity and citizenship of HCA Tribe members entering the [[Page 33687]] United States from contiguous territory or adjacent islands at land and sea ports of entry. DATES: This designation will become effective on May 27, 2016. FOR FURTHER INFORMATION 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]. 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 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. Under the WHTI land and sea final rule, one type of citizenship and identity document that may be presented upon entry to the United States at land and sea ports of entry from contiguous territory or adjacent islands \1\ is a Native American Tribal Card that has been designated as an acceptable document to denote identity and citizenship by the Secretary, pursuant to section 7209 of IRTPA. Specifically, 8 CFR 235.1(e), as amended by the WHTI land and sea final rule, provides that upon designation by the Secretary of Homeland Security of a United States qualifying tribal entity document as an acceptable document to denote identity and citizenship for the purposes of entering the United States, Native Americans may be permitted to present tribal cards upon entering or seeking admission to the United States according to the terms of the voluntary agreement entered between the Secretary of Homeland Security and the tribe. It provides that the Secretary of Homeland Security will announce, by publication of a notice in the Federal Register, documents designated under this paragraph. It further provides that a list of the documents designated under this section will also be made available to the public. --------------------------------------------------------------------------- \1\ Adjacent islands is defined in 8 CFR 212.0 as Bermuda and the islands located in the Caribbean Sea, except Cuba. This definition applies to 8 CFR 212.1 and 235.1. --------------------------------------------------------------------------- A United States qualifying tribal entity is defined as a tribe, band, or other group of Native Americans formally recognized by the United States Government which agrees to meet WHTI document standards.\2\ Native American tribal cards are also referenced in 8 CFR 235.1(b) which lists the documents U.S. citizens may use to establish identity and citizenship when entering the United States. See 8 CFR 235.1(b)(7). --------------------------------------------------------------------------- \2\ See 8 CFR 212.0. This definition applies to 8 CFR 212.1 and 235.1. --------------------------------------------------------------------------- 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 certain United States Native American tribal cards. See DHS Delegation Number 7105 (Revision 00), dated January 16, 2009. Tribal Card Program The WHTI land and sea final rule allowed U.S. federally recognized Native American tribes to work with CBP to enter into agreements to develop tribal ID cards that can be designated as acceptable to establish identity and citizenship when entering the United States at land and sea ports of entry from contiguous territory or adjacent islands. CBP has been working with various U.S. federally recognized Native American tribes to facilitate the development of such cards.\3\ As part of the process, CBP will enter into one or more agreements with a U.S. federally recognized tribe that specify the requirements for developing and issuing WHTI-compliant tribal cards, including a testing and auditing process to ensure that the cards are produced and issued in accordance with the terms of the agreements. --------------------------------------------------------------------------- \3\ The Native American tribal cards qualifying to be a WHTI- compliant document for border crossing purposes are commonly referred to as ``Enhanced Tribal Cards'' or ``ETCs.'' --------------------------------------------------------------------------- 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 Homeland Security or the Commissioner of CBP may designate the tribal card 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. The Pascua Yaqui Tribe of Arizona became the first Native American tribe to have its tribal card designated as a Western Hemisphere Travel Initiative compliant document by the Commissioner of CBP. This designation was announced in a notice published in the Federal Register on June 9, 2011 (76 FR 33776). Subsequently, the Commissioner of CBP announced the designation of the tribal cards of the Kootenai Tribe of Idaho and the Seneca Nation of Indians as Western Hemisphere Travel Initiative compliant documents. See 77 FR 4822 (January 31, 2012) and 80 FR 40076 (July 13, 2015). HCA Tribe WHTI-Compliant Tribal Card Program The HCA Tribe has voluntarily established a program to develop a WHTI-compliant tribal card that denotes identity and U.S. or Canadian citizenship. On May 11, 2011, CBP and the HCA Tribe signed a Memorandum of Agreement (MOA) to develop, issue, test, and evaluate tribal cards to be used for border crossing purposes. Pursuant to this MOA, the cards are issued to members of the HCA Tribe who can establish identity, tribal membership, and U.S. or Canadian citizenship. The cards incorporate physical security features acceptable to CBP as well as facilitative technology allowing for electronic validation of identity, citizenship, and tribal membership by CBP. On August 27, 2014, the HCA Tribe and CBP signed an addendum to the April 1, 2010 Pascua Yaqui Tribe Service Level Agreement that provides that the Pascua Yaqui Tribe would serve as the Information Technology [[Page 33688]] Coordinator and the manufacturer of the tribal cards on behalf of the HCA Tribe. CBP has tested the cards developed by the HCA Tribe pursuant to the above agreements and has performed an audit of the tribe's card program. On the basis of these tests and audit, CBP has determined that the cards meet the requirements of section 7209 of the IRTPA and are acceptable documents to denote identity and U.S. and Canadian citizenship for purposes of entering the United States at land and sea ports of entry from contiguous territory or adjacent islands.\4\ CBP's continued acceptance of the tribal card as a WHTI-compliant document is conditional on compliance with the MOA and all related agreements. --------------------------------------------------------------------------- \4\ The Native American Tribal Card issued by the HCA Tribe may not, by itself, be used by Canadian citizen tribal members to establish that they meet the requirements of section 289 of the Immigration and Nationality Act (INA) [8 U.S.C. 1359]. INA Sec. 289 provides that nothing in this title shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race. While the tribal card may be used to establish a card holder's identity for purposes of INA Sec. 289, it cannot, by itself, serve as evidence of the card holder's Canadian birth or that he or she possesses at least 50% American Indian blood, as required by INA Sec. 289. --------------------------------------------------------------------------- Acceptance and use of the WHTI-compliant tribal card is voluntary for tribe members. If an individual is denied a WHTI-compliant tribal card, 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 tribal card issued by the HCA Tribe in accordance with the MOA and all related agreements between the tribe and CBP as an acceptable WHTI- compliant document pursuant to section 7209 of the IRTPA and 8 CFR 235.1(e). In accordance with these provisions, the approved card, if valid and lawfully obtained, may be used to denote identity and U.S. or Canadian citizenship of HCA Tribe members for the purposes of entering the United States from contiguous territory or adjacent islands at land and sea ports of entry. Dated: May 19, 2016. R. Gil Kerlikowske, Commissioner. [FR Doc. 2016-12552 Filed 5-26-16; 8:45 am] BILLING CODE 9111-14-P
![33686 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices
Guidelines provide the maritime Viewing comments and documents: compliance issues that had developed
industry with updated information on To view comments as well as from the promulgation of the nontank
the development and submission of an documents mentioned in this notice as vessel (NTV) Final Rule.
APC request made pursuant to existing being available in the docket, go to In 2015, Coast Guard Dl 7 published
regulations. In addition to providing http://www.regulations.gov, type a draft Marine Safety Information
guidance to vessel owners and operators ‘‘USCG–2016–0437’’ and click Bulletin (MSIB) that provided guidance
on developing APC requests, the APC ‘‘Search.’’ Then click the ‘‘Open Docket for APC submissions and expectations
Guidelines will also facilitate Folder.’’ within Alaskan waters, with a focus on
consistency in the review of APC Privacy Act: Anyone can search the NTV traffic. Dl 7 received a multitude
requests by Coast Guard personnel. This electronic material submitted into any of comments from various sectors of the
notice solicits public comment on the of our dockets by the name of the maritime industry on the draft MSIB. By
procedures contained in the draft individual submitting the comment (or this time, the Coast Guard determined it
update to the APC Guidelines. signing the comment, if submitted on would be best to update the national
DATES: Comments must reach the USCG behalf of an association, business, labor APC guidance rather than singularly
by August 25, 2016. union, etc.). You may review a Privacy focusing on APC guidelines specific to
Act and system of records notice Alaska. The comments received on Dl
ADDRESSES: To view the APC Guidelines
regarding our public dockets in the 7’s MSIB were strongly considered by
as well as documents mentioned in this
January 17, 2008, issue of the Federal the Coast Guard during the development
notice, go to http://www.regulations.gov,
Register (73 FR 3316). of the revised APC national guidance
type ‘‘USCG–2016–0437’’ and click
‘‘Search.’’ Then click the ‘‘Open Docket II. Abbreviations now being published for public
Folder.’’ comment.
APC Alternative Planning Criteria
FOR FURTHER INFORMATION CONTACT: CFR Code of Federal Regulations IV. Public Comment of APC Guidelines
For USCG: CDR Scott Stoermer, Office 017 District 17 The draft APC Guidelines may be
of Marine Environmental Response FR Federal Register amended by the Coast Guard, as
Policy, 202–372–2234. MSIB Marine Safety Information Bulletin
NTV Nontank Vessel appropriate, based upon public
SUPPLEMENTARY INFORMATION: comment on this Federal Register
OPA Oil Pollution Act of 1990
I. Public Participation and Request for USCG U.S. Coast Guard notice.
Comments VOO Vessel of Opportunity This notice is issued under the
VRP Vessel Response Plan authority of 5 U.S.C. 552 (a).
The USCG encourages participation in
III. Background Dated: May 23, 2016.
updating the APC Guidelines by
submitting comments and related J.B. Loring,
Under 33 CFR 155.1015 and 155.5015,
materials. All comments received will vessel response plans (VRPs) are Captain, U.S. Coast Guard, Chief, Office of
be posted without change to http:// Marine Environmental Response Policy.
required to cover all navigable waters of
www.regulations.gov and will include the U.S. in which a vessel operates. [FR Doc. 2016–12624 Filed 5–26–16; 8:45 am]
any personal information provided. Several areas under U.S. jurisdiction do BILLING CODE 9110–04–P
Submitting comments: If you submit a not have sufficient resources to meet the
comment, please include the docket national planning criteria prescribed
number (USCG–2016–0437), indicate under 33 CFR part 155, Appendix B. In DEPARTMENT OF HOMELAND
the specific section of the APC remote areas where typical response SECURITY
Guidelines to which each comment resources are not available, or the U.S. Customs and Border Protection
applies, and provide a reason for each available commercial resources do not
suggestion or recommendation. You meet the national planning criteria, a [CBP Dec. 16–08]
may submit your comments and vessel owner or operator may request
material online or by fax, mail, or hand that the Coast Guard accept an Western Hemisphere Travel Initiative:
delivery, but please use only one of Alternative Planning Criteria (APC). Designation of an Approved Native
these means. We recommend that you In August 2009, the Coast Guard American Tribal Card Issued by the
include your name, a mailing address, published CG–543 Policy Letter 09–02, Hydaburg Cooperative Association of
an email address and/or a phone ‘‘Industry Guidelines for Requesting Alaska as an Acceptable Document To
number in the body of your document Alternate Planning Criteria Approval, Denote Identity and Citizenship for
to facilitate follow-up contact if we have One Time Waivers and Interim Entry in the United States at Land and
questions regarding your submission. Operating Authorization.’’ The purpose Sea Ports of Entry
To submit your comment online, go to of Policy Letter 09–02, was to provide AGENCY: U.S. Customs and Border
http://www.regulations.gov, type guidance to the maritime industry in Protection, DHS.
‘‘USCG–2016–0437’’ in the search box, applying for an APC pursuant to 33 CFR ACTION: Notice.
and click ‘‘Search.’’ Then click 155.1065(f).
‘‘Comment Now!’’ on the appropriate In September 2013, the Coast Guard SUMMARY: This notice announces that
line. If you submit your comments by published regulations (78 FR 60124) the Commissioner of U.S. Customs and
mail or hand delivery, submit them in requiring NTVs over 400 gross tons to Border Protection is designating an
an unbound format, no larger than 81⁄2 submit VRPs, which made the national approved Native American Tribal Card
by 11 inches, suitable for copying and planning criteria in 33 CFR part 155 issued by the Hydaburg Cooperative
sradovich on DSK3TPTVN1PROD with NOTICES
electronic filing. If you submit applicable to thousands of additional Association of Alaska (HCA Tribe) to
comments by mail and would like to vessels across the U.S., including U.S. and Canadian citizens as an
know that they reached the DHS geographic areas with limited acceptable travel document for purposes
Facility, please enclose a stamped, self- commercially available response of the Western Hemisphere Travel
addressed postcard or envelope. We will resources. Over time, it became Initiative. The approved card may be
consider all comments and material apparent that additional guidance used to denote identity and citizenship
received during the comment period. would be useful in addressing of HCA Tribe members entering the
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![33688 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices
Coordinator and the manufacturer of the DEPARTMENT OF HOMELAND Collection of Information
tribal cards on behalf of the HCA Tribe. SECURITY Title: Individual & Community
CBP has tested the cards developed by Preparedness Division (ICPD) Annual
Federal Emergency Management Youth Preparedness Council (YPC)
the HCA Tribe pursuant to the above
Agency Application Form.
agreements and has performed an audit
of the tribe’s card program. On the basis Type of information collection: New
of these tests and audit, CBP has [Docket ID: FEMA–2015–0025; OMB No. information collection.
determined that the cards meet the
1660–NEW] OMB Number: 1660–NEW.
Form Titles and Numbers: FEMA
requirements of section 7209 of the Agency Information Collection Form 008–0–0–24, FEMA Youth
IRTPA and are acceptable documents to Activities: Submission for OMB Preparedness Council Application
denote identity and U.S. and Canadian Review; Comment Request; Individual Form.
citizenship for purposes of entering the & Community Preparedness Division Abstract: FEMA Headquarters and
United States at land and sea ports of (ICPD) Annual Youth Preparedness regional staff review completed
entry from contiguous territory or Council (YPC) Application Form applications to select council members
adjacent islands.4 CBP’s continued based on dedication to public service,
acceptance of the tribal card as a WHTI- AGENCY: Federal Emergency efforts in making a difference in their
compliant document is conditional on Management Agency, DHS. community, and potential for expanding
compliance with the MOA and all ACTION: Notice. their impact as a national advocate for
related agreements. youth preparedness. Applicants for the
SUMMARY: The Federal Emergency YPC apply by downloading a PDF
Acceptance and use of the WHTI- Management Agency (FEMA) will
compliant tribal card is voluntary for application from FEMA’s Web site.
submit the information collection They can either complete the written
tribe members. If an individual is abstracted below to the Office of form or they can answer the questions
denied a WHTI-compliant tribal card, he Management and Budget for review and in the form of a short video. They must
or she may still apply for a passport or clearance in accordance with the then download their application and
other WHTI-compliant document. requirements of the Paperwork submit the application and related
Designation Reduction Act of 1995. The submission documents, including reference letters
will describe the nature of the and academic records, to FEMA via the
This notice announces that the information collection, the categories of FEMA-Youth-Prepareness-Council@
Commissioner of CBP designates the respondents, the estimated burden (i.e., fema.dhs.gov email address. Fifteen
tribal card issued by the HCA Tribe in the time, effort and resources used by youths are selected to serve as a council
accordance with the MOA and all respondents to respond) and cost, and member.
related agreements between the tribe the actual data collection instruments Affected Public: Individuals or
and CBP as an acceptable WHTI- FEMA will use. households.
compliant document pursuant to section DATES: Comments must be submitted on Estimated Number of Respondents:
7209 of the IRTPA and 8 CFR 235.1(e). or before June 27, 2016. 100.
Estimated Total Annual Burden
In accordance with these provisions, the ADDRESSES: Submit written comments Hours: 142 hours.
approved card, if valid and lawfully on the proposed information collection Estimated Cost: The estimated annual
obtained, may be used to denote to the Office of Information and cost to respondents for the hour burden
identity and U.S. or Canadian Regulatory Affairs, Office of is $0. There are no annual costs to
citizenship of HCA Tribe members for Management and Budget. Comments respondents’ operations and
the purposes of entering the United should be addressed to the Desk Officer maintenance costs for technical
States from contiguous territory or for the Department of Homeland services. There are no annual start-up or
adjacent islands at land and sea ports of Security, Federal Emergency capital costs. The cost to the Federal
entry. Management Agency, and sent via Government is $65,662.00.
electronic mail to oira.submission@
Dated: May 19, 2016. Dated: May 18, 2016.
omb.eop.gov.
R. Gil Kerlikowske, Richard W. Mattison
Commissioner. FOR FURTHER INFORMATION CONTACT: Records Management Program Chief, Mission
[FR Doc. 2016–12552 Filed 5–26–16; 8:45 am]
Requests for additional information or Support, Federal Emergency Management
copies of the information collection Agency, Department of Homeland Security.
BILLING CODE 9111–14–P
should be made to Director, Records [FR Doc. 2016–12616 Filed 5–26–16; 8:45 am]
Management Division, 500 C Street SW., BILLING CODE 9111–46–P
4 The Native American Tribal Card issued by the Washington, DC 20472–3100, or email
HCA Tribe may not, by itself, be used by Canadian address FEMA-Information-Collections-
citizen tribal members to establish that they meet Management@fema.dhs.gov. DEPARTMENT OF HOMELAND
the requirements of section 289 of the Immigration SECURITY
and Nationality Act (INA) [8 U.S.C. 1359]. INA SUPPLEMENTARY INFORMATION: This
§ 289 provides that nothing in this title shall be information collection previously [Docket No. DHS–2016–0030]
construed to affect the right of American Indians published in the Federal Register on
born in Canada to pass the borders of the United October 28, 2015, at 80 FR 66031 with National Infrastructure Advisory
sradovich on DSK3TPTVN1PROD with NOTICES
States, but such right shall extend only to persons a 60 day public comment period. No Council
who possess at least 50 per centum of blood of the comments were received. The purpose
American Indian race. While the tribal card may be AGENCY: National Protection and
of this notice is to notify the public that Programs Directorate, DHS.
used to establish a card holder’s identity for
FEMA will submit the information
purposes of INA § 289, it cannot, by itself, serve as ACTION: Committee management; notice
evidence of the card holder’s Canadian birth or that collection abstracted below to the Office
of an open Federal Advisory Committee
he or she possesses at least 50% American Indian of Management and Budget for review
meeting.
blood, as required by INA § 289. and clearance.
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Document Created: 2018-02-07 15:09:40
Document Modified: 2018-02-07 15:09:40
| 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 will become effective on May 27, 2016. | |
| 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 | 81 FR 33686 |
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