[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Notices]
[Pages 18421-18422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6819]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 /
Notices
[[Page 18421]]
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DEPARTMENT OF HOMELAND SECURITY
Designation of an Enhanced Driver's License and Identity Document
Issued by the State of Washington as a Travel Document Under the
Western Hemisphere Travel Initiative
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice.
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SUMMARY: This notice announces that the Secretary of Homeland Security
is designating enhanced driver's licenses and identity documents (EDL)
issued by the State of Washington as acceptable documents to denote
identity and citizenship for purposes of entering the United States at
land and sea ports of entry upon implementation of Section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004. U.S. citizens
possessing these EDLs will be permitted to present the EDL as an
acceptable document under the Western Hemisphere Travel Initiative when
entering the United States from Canada and Mexico at land and sea ports
of entry.
DATES: This designation will become effective on June 1, 2009.
FOR FURTHER INFORMATION CONTACT: Colleen Manaher, Western Hemisphere
Travel Initiative, U.S. Customs and Border Protection, 1300
Pennsylvania Avenue, NW., Washington, DC 20229, 202-344-1220.
SUPPLEMENTARY INFORMATION:
Background
The Western Hemisphere Travel Initiative
The Intelligence Reform and Terrorism Prevention Act of 2004
(IRTPA), as amended, provides that upon implementation, U.S. citizens
and Bermudian, Canadian and Mexican nationals will be required to
present a passport or such alternative documents as the Secretary of
Homeland Security (Secretary) designates as satisfactorily establishing
identity and citizenship when entering the United States. In a final
rule published concurrently in this issue of the Federal Register, the
Department of Homeland Security (DHS) and Department of State (DOS)
describe the second phase of a joint plan, known as the Western
Hemisphere Travel Initiative (WHTI), to implement these new
requirements. That final rule specifies the documents that U.S.
citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico will
be required to present when entering the United States at land and sea
ports-of-entry from within the Western Hemisphere.
As provided for in the WHTI final rule for land and sea, 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 (EDLs) designated by the Secretary pursuant to
section 7209 of IRTPA, as amended. See 8 U.S.C. 1185 note. To this end,
in the WHTI final rule for land and sea, a new regulatory provision, at
8 CFR 235.1(d), provides:
Upon the 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 Canadian citizens 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 the documents designated
under this paragraph will also be made available to the public.
EDL Programs
DHS is committed to working with the various U.S. States and the
Government of Canada to facilitate the development of state and
province issued EDLs as travel documents that denote identity and
citizenship; therefore, satisfying section 7209 of IRTPA, as amended.
The Secretary believes there is great promise in driver's licenses that
are enhanced to satisfy WHTI requirements, namely denoting both
identity and citizenship. To establish an EDL program, each State must
enter into agreement with DHS to develop an acceptable EDL document.
Each EDL program is specific to each entity based on specific factors
such as the entity's level of interest, funding, technology, and other
development and implementation factors. Based on the individual
development of each EDL program, DHS will announce acceptable State and
provincial EDL programs on an ongoing basis by publication in the
Federal Register.
To be acceptable, EDL documents must satisfy section 7209 by
denoting identity and citizenship. Acceptable EDL documents must also
have compatible technology, security criteria, and must respond to
CBP's operational concerns. The EDL must include technologies that
facilitate inspection at ports-of-entry. EDL documents must also be
issued in a secure process and include technology that facilitates
travel to satisfy WHTI requirements. DHS believes that the use of the
EDL will have considerable facilitation benefits because CBP officers
currently must inspect over 8,000 different types of documents issued
by State and local entities when making admissibility determinations at
land and seaports. Based on DHS testing and its experience with its
trusted traveler programs, DHS expects that each application for
admission will be more efficient and travelers will move through the
primary inspection process more quickly with EDLs that will incorporate
radio frequency identification (RFID) technology.
DHS is coordinating efforts to ensure that a State enhanced
driver's license developed to meet the requirements of WHTI, will also
adopt standards that REAL ID requires, as they are defined through the
REAL ID rulemaking process. DHS published the REAL ID final rule on
January 29, 2008 setting minimum standards for state-issued driver's
licenses and identifications cards that be accepted for official
purposes in accordance with the REAL ID Act of 2005. See Public Law
109-13, 119 Stat. 231, 302 (May 11, 2005) (codified at 49 U.S.C. 30301
note).
Although REAL ID-compliant licenses and identification cards can be
issued to non-U.S. citizens upon verification of legal status in the
United States, EDLs will only be issued to citizens of the United
States or Canada by an authority in each individual's country. DHS will
[[Page 18422]]
continue to work closely with states to develop EDLs that meet both
REAL ID and WHTI requirements.
Washington State EDLs
The State of Washington has established a voluntary program to
develop an enhanced driver's license and identification card that would
denote identity and citizenship. On March 23, 2007, the Secretary of
Homeland Security and the Governor of Washington signed 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. Under the terms of the
agreement between DHS and Washington State, the EDL will only be issued
to U.S. citizens. EDLs also may be issued as photo identification cards
to non-drivers.
The Secretary has determined that Washington State EDL documents
will satisfy section 7209 by denoting identity and citizenship. The
Washington State EDL documents will have compatible facilitative
technology to meet CBP's operational needs. These documents contain
vicinity RFID chips and machine readable zones that will facilitate
processing for the holder. The EDL will also include physical security
features that guard against tampering. Washington State has already
begun issuing EDLs.
This notice announces that the Secretary designates the EDL issued
by the State of Washington, pursuant to the terms of the MOA executed
between DHS and the State of Washington, as an acceptable document to
denote identity and citizenship for purposes of entering the United
States. Therefore, pursuant to 8 CFR 235.1(d), U.S. citizen holders of
these Washington State 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 adjacent islands.
Dated: March 26, 2008.
Michael Chertoff,
Secretary.
[FR Doc. E8-6819 Filed 4-2-08; 8:45 am]
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