Federal Register, Volume 74 Issue 102 (Friday, May 29, 2009)

[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Rules and Regulations]
[Pages 25618-25620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12513]

[[Page 25618]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Part 235

[CBP Dec. 09-18]

Western Hemisphere Travel Initiative: Designation of Enhanced
Driver's Licenses and Identity Documents Issued by the States of
Vermont and Michigan and the Provinces of Quebec, Manitoba, British
Columbia, and Ontario as Acceptable Documents To Denote Identity and
Citizenship

AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: This document announces that the Commissioner of U.S. Customs
and Border Protection is designating enhanced driver's licenses and
identification documents issued by the States of Vermont and Michigan
and the Canadian Provinces of Quebec, Manitoba, British Columbia, and
Ontario as acceptable documents for purposes of the Western Hemisphere
Travel Initiative. These documents may be used to denote identity and
citizenship of, as appropriate, U.S. or Canadian citizens entering the
United States from within the Western Hemisphere at land and sea ports
of entry.

DATES: This designation is 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), Public Law 108-458, 118 Stat. 3638 (Dec. 17, 2004), as
amended, provides that upon full 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. See 8 U.S.C. 1185
note. On April 3, 2008, the Department of Homeland Security (DHS) and
the Department of State (DOS) promulgated a joint final rule, effective
on June 1, 2009, that implements the Western Hemisphere Travel
Initiative (WHTI) at U.S. land and sea ports of entry. See 73 FR 18384
(the land and sea final rule). The land and sea 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 (which includes contiguous territories and adjacent islands
of the United States).
Under the land and sea final rule, one type of citizenship and
identity document that U.S. or Canadian 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 (CFR), 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 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 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
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available to the public.

EDL Programs

DHS is committed to working with the various States of the United
States and the Government of Canada to facilitate the development of
State and province-issued EDLs as travel documents that denote identity
and citizenship. To establish an EDL program, each State or province
\2\ must enter into an agreement with DHS or U.S. Customs and Border
Protection (CBP) to develop an acceptable EDL document. Each EDL
program is specific to each State or province based on specific
factors, such as the State's or province's funding, technology, and
other developments and implementation factors. Acceptable EDL documents
must have compatible technology and security criteria, and must respond
to CBP's operational concerns. The EDL must include technologies that
facilitate inspection at ports of entry. EDL documents also must be
issued via a secure process and include technology that facilitates
travel to satisfy WHTI requirements.
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\2\ For a province of Canada, the agreement will be between DHS/
CBP and the Canada Border Services Agency working with and
representing the province.
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On an ongoing basis, DHS will announce, by publication of a notice
in the Federal Register, that a State's and/or province's EDL has been
designated as a WHTI-compliant document for purposes of entering the
United States by land or sea from within the Western Hemisphere. (See
the designations at 73 FR 18421 (April 3, 2008) for EDLs issued by the
State of Washington and at 73 FR 73343 (December 2, 2008) for EDLs
issued by the State of New York.) DHS will make available to the public
a list of the documents designated as WHTI compliant. A list of States
and provinces that issue EDLs is available at http://www.getyouhome.gov. The Secretary delegated to the Commissioner of 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
enhanced driver's licenses and identity documents and Canadian
province-specific enhanced driver's licenses and identity documents.

Vermont EDL Program

Vermont has established a voluntary program to develop enhanced
driver's licenses and identification cards (EDLs) that would denote
identity and U.S. citizenship. On September 26, 2007, DHS and the State
of Vermont signed a Memorandum of Agreement (MOA) to develop, issue,
test, and evaluate EDLs with facilitative technology to be used for
border crossing purposes. On February 15, 2008, CBP approved the plan
outlining the business process for the implementation of the Vermont
EDL program. Under the terms of this MOA and business plan, Vermont
EDLs will be issued only to Vermont residents that can establish both
identity and U.S. citizenship.
Following successful field and technical testing, the Commissioner
of CBP has determined that the EDLs issued by the State of Vermont
according to the terms of the above agreement and business plan meet
the requirements of section 7209 of the IRTPA and are acceptable
documents to

[[Page 25619]]

denote identity and U.S. citizenship for purposes of entering the
United States at land and sea ports of entry from within the Western
Hemisphere under the final rule.

Michigan EDL Program

Michigan has established a voluntary program to develop enhanced
driver's licenses and identification cards (EDLs) that would denote
identity and U.S. citizenship. On October 13, 2008, DHS and the State
of Michigan signed a Memorandum of Agreement (MOA) to develop, issue,
test, and evaluate EDLs with facilitative technology to be used for
border crossing purposes. On the same date, CBP and the State of
Michigan reached agreement on the plan outlining the business process
for the implementation of the Michigan EDL program. Under the terms of
this MOA and business plan, Michigan EDLs will be issued only to
Michigan residents that can establish both identity and U.S.
citizenship.
Following successful field and technical testing, the Commissioner
of CBP has determined that the EDLs issued by the State of Michigan
according to the terms of the above agreement and business plan meet
the requirements of section 7209 of the IRTPA and are acceptable
documents to denote identity and U.S. citizenship for purposes of
entering the United States at land and sea ports of entry from within
the Western Hemisphere under the final rule.

Quebec EDL Program

The Province of Quebec has established a voluntary program to
develop an enhanced driver's license that would denote identity and
Canadian citizenship. On April 1, 2008, CBP and the Canada Border
Services Agency (CBSA) entered into a Memorandum of Understanding
Regarding the Use, Disclosure and Storage of Canadian Enhanced Driver's
License Information relating to CBP's access to EDL information for
documents, including the Quebec EDL for border crossing purposes. On
January 16, 2009, following negotiations between CBP and the Canadian
and Quebec governments in November 2008, the CBSA and Citizenship and
Immigration Canada transmitted to CBP the Province of Quebec's official
business plan outlining the approach and process by which the
Soci[eacute]t[eacute] de l'assurance automobile du Qu[eacute]bec (SAAQ)
will make available enhanced driver's licenses and identification cards
to qualified Canadian citizens residing in the Province of Quebec. On
February 2, 2009, CBP determined that, contingent upon successful
technical testing, SAAQ Driver's Licenses Plus produced in accordance
with the Province of Quebec's business plan were anticipated to be
designated as documents denoting identity and Canadian citizenship for
purposes of entering the United States by land or sea.
Following successful field and technical testing, the Commissioner
of CBP has determined that Driver's Licenses Plus issued by the
Province of Quebec according to the terms of the business plan approved
by CBP meet the requirements of section 7209 of the IRTPA and are
acceptable documents to denote identity and Canadian citizenship for
purposes of entering the United States at land and sea ports of entry
from within the Western Hemisphere under the final rule.

Manitoba EDL Program

The Province of Manitoba has established a voluntary program to
develop enhanced driver's licenses and identification cards (EDLs) that
would denote identity and Canadian citizenship. On April 1, 2008, CBP
and the CBSA entered into a Memorandum of Understanding Regarding the
Use, Disclosure and Storage of Canadian Enhanced Driver's License
Information relating to CBP's access to EDL information for documents,
including the Manitoba EDL for border crossing purposes. On June 12,
2008, following negotiations between CBP and the Canadian and Manitoba
governments, the CBSA and Citizenship and Immigration Canada
transmitted to CBP the Province of Manitoba's official business plan
outlining the approach and process by which Manitoba will make
available EDLs to qualified Canadian citizens residing in the Province
of Manitoba. On July 3, 2008, CBP determined that, contingent upon
successful technical testing, Manitoba EDLs produced in accordance with
the Province of Manitoba's business plan were anticipated to be
designated as documents denoting identity and Canadian citizenship for
purposes of entering the United States by land or sea.
Following successful field and technical testing, the Commissioner
of CBP has determined that the EDLs issued by the Province of Manitoba
according to the terms of the business plan approved by CBP meet the
requirements of section 7209 of the IRTPA and are acceptable documents
to denote identity and Canadian citizenship for purposes of entering
the United States at land and sea ports of entry from within the
Western Hemisphere under the final rule.

British Columbia EDL Program

The Province of British Columbia has established a voluntary
program to develop enhanced driver's licenses and identification cards
(EDLs) that would denote identity and Canadian citizenship. On April 1,
2008, CBP and the CBSA entered into a Memorandum of Understanding
Regarding the Use, Disclosure and Storage of Canadian Enhanced Driver's
License Information relating to CBP's access to EDL information for
documents, including the British Columbia EDL for border crossing
purposes. On April 9, 2009, following negotiations between CBP and the
Canadian and British Columbia governments, the CBSA and Citizenship and
Immigration Canada transmitted to CBP the Province of British
Columbia's official business plan outlining the approach and process by
which British Columbia will make available EDLs to qualified Canadian
citizens residing in the Province of British Columbia. On April 16,
2009, CBP determined that, contingent upon successful technical
testing, British Columbia's EDLs produced in accordance with the
province's business plan were anticipated to be designated as documents
denoting identity and Canadian citizenship for purposes of entering the
United States by land or sea.
Following successful field and technical testing, the Commissioner
of CBP has determined that the EDLs issued by the Province of British
Columbia according to the terms of the business plan approved by CBP
meet the requirements of section 7209 of the IRTPA and are acceptable
documents to denote identity and Canadian citizenship for purposes of
entering the United States at land and sea ports of entry from within
the Western Hemisphere under the final rule.

Ontario EDL Program

The Province of Ontario has established a voluntary program to
develop enhanced driver's licenses and identification cards (EDLs). On
April 1, 2008, CBP and CBSA entered into a Memorandum of Understanding
Regarding the Use, Disclosure and Storage of Canadian Enhanced Driver's
License Information relating to CBP's access to EDL information for
documents, including the Ontario EDL for border crossing purposes. On
May 6, 2009, following negotiations between the parties, CBSA
transmitted to CBP the Province of Ontario's official business plan
outlining the approach

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and process by which Ontario will make available EDLs to qualified
Canadian citizens residing in the Province of Ontario. On May 11, 2009,
CBP determined that, contingent upon successful technical testing,
Ontario EDL's produced in accordance with the Province of Ontario's
business plan were anticipated to be designated as documents denoting
identity and Canadian citizenship for purposes of entering the United
States by land or sea.
Following successful field and technical testing, the Commissioner
of CBP has determined that the EDLs issued by the Province of Ontario
according to the terms of the business plan approved by CBP meet the
requirements of section 7209 of the IRTPA and are acceptable documents
to denote identity and Canadian citizenship for purposes of entering
the United States at land and sea ports of entry from within the
Western Hemisphere under the final rule.
Designation
This notice announces that the Commissioner of CBP has designated
the EDLs issued by the States of Vermont and Michigan and the Provinces
of Quebec, Manitoba, British Columbia, and Ontario as acceptable
documents to denote identity and citizenship for purposes of entering
the United States at land and sea ports of entry from within the
Western Hemisphere, pursuant to section 7209 of IRTPA and the final
rule, 8 CFR 235.1(d)

Dated: May 20, 2009.
Jayson P. Ahern,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E9-12513 Filed 5-28-09; 8:45 am]
BILLING CODE 9111-14-P