[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40077-40079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
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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]
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