Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Kootenai Tribe of Idaho as an Acceptable Document To Denote Identity and Citizenship, 4822-4824 [2012-1962]

Download as PDF 4822 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices Transportation Security Administration employees and to maintain records associated with this training. DATES: Send your comments by March 1, 2012. A comment to OMB is most effective if OMB receives it within 30 days of publication. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: Joanna Johnson, TSA PRA Officer, Office of Information Technology (OIT), TSA–11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6011; telephone (571) 227–3651; email TSAPRA@dhs.gov. [Docket No. TSA–2004–19147] SUPPLEMENTARY INFORMATION: and analyzing FY 2011 inventories is essentially unchanged from OFFP’s November 5, 2010 guidance for preparing the FY 2010 inventory. DHS has posted its FY 2011 inventory for public review at: http://www.dhs.gov/ xopnbiz/regulations/ editorial_0504.shtm under ‘‘Acquisition Reports and Notices.’’ FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Gail Carter at Gail.A.Carter1@dhs.gov, or telephone (202) 447–5302. Daniel Clever, Deputy Chief Procurement Officer. [FR Doc. 2012–1985 Filed 1–30–12; 8:45 am] BILLING CODE 9110–9B–P DEPARTMENT OF HOMELAND SECURITY Extension of Agency Information Collection Activity Under OMB Review: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees Transportation Security Administration, DHS. ACTION: 30-day Notice. AGENCY: This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652–0021, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on September 21, 2011 (76 FR 58531). The ICR describes the nature of the information collection and its expected burden. The collection involves collecting information for background checks for all aliens and other designated individuals seeking flight instruction (‘‘candidates’’) from Federal Aviation Administration (FAA)certificated flight training providers. Through the information collected, TSA will determine whether a candidate is a threat to aviation or national security, and thus prohibited from receiving flight training. Additionally, flight training providers are required to conduct a security awareness program for their employees and contract wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:20 Jan 30, 2012 Jkt 226001 Comments Invited In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at http://www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to— (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Information Collection Requirement Title: Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees. Type of Request: Extension of a currently approved collection. OMB Control Number: 1652–0021. Forms(s): N/A. Affected Public: Aliens and other designated individuals seeking flight PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 instruction from FAA-certified flight training providers; flight training providers required to conduct security awareness training and their employees. Abstract: TSA has adopted regulations relating to the security threat assessments that TSA will conduct to determine whether candidates are a threat to aviation or national security, and thus prohibited from receiving flight training. This collection of information requires Federal Aviation Administration (FAA)-certificated flight training providers to provide TSA with the information necessary to conduct the security threat assessments. Finally, TSA has adopted regulations relating to security awareness training for flight school employees and contract employees, which include maintaining records of all such training. Public Comment: TSA received one comment on the 60-day notice for this collection. The commenter stated that aliens who seek to do harm to the country will have false identification documents. The commenter also stated that aliens seeking flight training on any aircraft size should be required to undergo a threat assessment. As to the first point, the threat assessment process has safeguards in place to guard against issues of false identification documents. As to the second point, when Congress enacted the Vision 100—Century of Aviation Reauthorization Act it specifically included aliens seeking flight training in aircraft with a MTOW of less than 12,500 pounds in the threat assessment requirement. Number of Respondents: 53,000. Estimated Annual Burden Hours: An estimated 507,750 hours annually. Issued in Arlington, Virginia, on January 26, 2012. Joanna Johnson, TSA Paperwork Reduction Act Officer, Office of Information Technology. [FR Doc. 2012–2024 Filed 1–30–12; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. 12–01] Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Kootenai Tribe of Idaho as an Acceptable Document To Denote Identity and Citizenship U.S. Customs and Border Protection, DHS. ACTION: Notice. AGENCY: E:\FR\FM\31JAN1.SGM 31JAN1 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices This notice announces that the Commissioner of U.S. Customs and Border Protection (CBP) is designating an approved Native American Tribal Card issued by the Kootenai Tribe of Idaho (Kootenai 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 Kootenai Tribe members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry. DATES: This designation will become effective on January 31, 2012. FOR FURTHER INFORMATION CONTACT: Colleen Manaher, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, (202) 344–3003. SUPPLEMENTARY INFORMATION: SUMMARY: wreier-aviles on DSK5TPTVN1PROD with NOTICES 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, among other sections of the Code of Federal Regulations (CFR), 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 VerDate Mar<15>2010 15:20 Jan 30, 2012 Jkt 226001 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 for the purposes of entering the United States at a land and sea port of entry. Specifically, 8 CFR 235.1(e), as amended by the WHTI land and sea final rule, states: Upon the 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. 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. 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). The Secretary has 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 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 allows U.S. federally recognized Native American tribes to work with CBP to enter into agreements to develop tribal identification 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 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. 2 See 8 CFR 212.0. This definition applies to 8 CFR 212.1 and 235.1. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 4823 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. 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 tribal card as an acceptable WHTIcompliant 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. A list of entities issuing WHTI-compliant documents and the kind of documents issued is available at http:// www.getyouhome.gov. Kootenai WHTI-Compliant Tribal Card Program The Kootenai Tribe has voluntarily established a program to develop a WHTI-compliant tribal card that denotes identity and U.S. or Canadian citizenship. On March 3, 2009, CBP and the Kootenai 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 Kootenai 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. CBP and the Kootenai Tribe finalized a service level agreement on December 1, 2009. This service level agreement memorializes the technical specifications for the production, issuance and use of the card. CBP has tested the cards developed by the Kootenai 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 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.’’ E:\FR\FM\31JAN1.SGM 31JAN1 4824 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices 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 tribal card as a WHTI-compliant document is conditional on compliance with the MOA and all related agreements. Acceptance and use of the WHTIcompliant 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 Kootenai Tribe in accordance with the MOA and all related agreements between the tribe and CBP as an acceptable WHTIcompliant 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 Kootenai Tribe members who are entering the United States from contiguous territory or adjacent islands at land and sea ports of entry. Dated: January 25, 2012. David V. Aguilar, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. 2012–1962 Filed 1–30–12; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELPOMENT [Docket No. 5604–N–01] Notice of Revised Information Collection for Public Comment; Consolidated Plan & Annual Performance Report Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice of revised information collection for public comment. AGENCY: The revised information collection requirements for Consolidated Planning for Community Planning and Development (CPD) programs described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: April 2, 2012. SUMMARY: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to William Kelleher, Paperwork Reduction Act Officer, Office of Chief Information Officer, Department of Housing and Urban Development, 451 7th Street SW., Room 7233, Washington, DC 20410. FOR FURTHER INFORMATION CONTACT: Meg Barclay, Office of Community Planning and Development, telephone (202) 402– 3669 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit the revised information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C Chapter 35 as amended). As required under 5 CFR 1320.8(d)(1), HUD and OMB are seeking comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the revised collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the revised collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of collection of information on those who are to respond, including through the use of appropriate automated collection techniques (e.g. electronic submission of the Consolidated Plan and annual ADDRESSES: Number of respondents Task wreier-aviles on DSK5TPTVN1PROD with NOTICES performance reports) or other forms of information submission of responses. Title of Proposal: Consolidated Plan & Annual Performance Report. OMB Control Number: 2506–011. Agency Form Numbers: None. Description of the Need for the Information and Proposed Uses: The Department’s collection of this information is in compliance with statutory provisions of the Cranston Gonzalez National Affordable Housing Act of 1990 that requires participating jurisdictions to submit a Comprehensive Housing Affordability Strategy (Section 105(b)); the 1974 Housing and Community Development Act, as amended, that requires states and localities to submit a Community Development Plan (Section 104(b)(4) and Section 104(m)); and statutory provisions of these Acts that requires states and localities to submit applications and reports for these formula grant programs. The information is needed to provide HUD with preliminary assessment as to the statutory and regulatory eligibility of proposed grantee projects and for informing citizens of intended uses of program funds. Members of the Affected Public: State and local governments participating in the Community Development Block Grant Program (CDBG), the HOME Investments Partnership (HOME) Program, the Emergency Shelter Grants (ESG) program, or the Housing Opportunities for Persons with AIDS/ HIV (HOPWA) program. Estimation of the total number of hours to prepare the information collection including number of respondents, frequency of response and hours of response: The burden of meeting the regulatory requirements of Title I of the National Affordable Housing Act (NAHA) and the Housing and Community Development Act (HCDA) were assessed based on revisions to the previously approved information collection [OMB Control Number 2506–0117]. The paperwork estimates are as follows: Consolidated Plan. Localities. • Strategic Plan Development ...................................................................................... • Action Plan Development .......................................................................................... States. • Strategic Plan Development ...................................................................................... • Action Plan Development .......................................................................................... Performance Report. Localities ............................................................................................................................... States .................................................................................................................................... * Abbreviated Strategy ................................................................................................................. VerDate Mar<15>2010 15:20 Jan 30, 2012 Jkt 226001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM Frequency of response Total U.S. burden hrs 1,000 1,000 1 1 154,000 56,000 50 50 1 1 21,150 9,350 1,000 50 100 1 1 ........................ 81,000 6,300 8,200 31JAN1

Agencies

[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4822-4824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1962]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 12-01]


Western Hemisphere Travel Initiative: Designation of an Approved 
Native American Tribal Card Issued by the Kootenai Tribe of Idaho as an 
Acceptable Document To Denote Identity and Citizenship

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Notice.

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[[Page 4823]]

SUMMARY: This notice announces that the Commissioner of U.S. Customs 
and Border Protection (CBP) is designating an approved Native American 
Tribal Card issued by the Kootenai Tribe of Idaho (Kootenai 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 Kootenai Tribe 
members entering the United States from contiguous territory or 
adjacent islands at land and sea ports of entry.

DATES: This designation will become effective on January 31, 2012.

FOR FURTHER INFORMATION CONTACT: Colleen Manaher, U.S. Customs and 
Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, 
(202) 344-3003.

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, among other sections of the Code of Federal 
Regulations (CFR), 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 for the purposes of 
entering the United States at a land and sea port of entry. 
Specifically, 8 CFR 235.1(e), as amended by the WHTI land and sea final 
rule, states:
---------------------------------------------------------------------------

    \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.

    Upon the 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. 
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.

    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 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 allows U.S. federally recognized 
Native American tribes to work with CBP to enter into agreements to 
develop tribal identification 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 DHS 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. A list of entities issuing WHTI-compliant 
documents and the kind of documents issued is available at http://www.getyouhome.gov.

Kootenai WHTI-Compliant Tribal Card Program

    The Kootenai Tribe has voluntarily established a program to develop 
a WHTI-compliant tribal card that denotes identity and U.S. or Canadian 
citizenship. On March 3, 2009, CBP and the Kootenai 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 Kootenai 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. 
CBP and the Kootenai Tribe finalized a service level agreement on 
December 1, 2009. This service level agreement memorializes the 
technical specifications for the production, issuance and use of the 
card.
    CBP has tested the cards developed by the Kootenai 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

[[Page 4824]]

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 tribal card as a 
WHTI-compliant document is conditional on compliance with the MOA and 
all related agreements.
    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 Kootenai 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 Kootenai Tribe members who are entering the 
United States from contiguous territory or adjacent islands at land and 
sea ports of entry.

    Dated: January 25, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-1962 Filed 1-30-12; 8:45 am]
BILLING CODE 9111-14-P