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, 40077-40079 [2015-17043]
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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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 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.
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 WHTIcompliant documents is available at
www.cbp.gov/travel.
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.
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
Seneca Nation of Indians WHTICompliant Tribal Card Program
The Seneca Nation of Indians (Seneca
Nation) has voluntarily established a
program to develop a WHTI-compliant
tribal card that denotes identity and
U.S. or Canadian citizenship. On
November 10, 2009, CBP and the Seneca
Nation 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 Seneca Nation 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. In 2013, CBP and the Seneca
Nation entered into two related
agreements, a January 15, 2013 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
the Seneca Nation 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 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.
2 See 8 CFR 212.0. This definition applies to 8
CFR 212.1 and 235.1.
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.’’
Designation
This notice announces that the
Commissioner of CBP designates the
tribal card issued by the Seneca Nation
in accordance with the MOA and all
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40077
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 Seneca Nation members
for the purposes of entering the United
States from contiguous territory or
adjacent islands at land and sea ports of
entry.4
Dated: July 7, 2015.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2015–17039 Filed 7–10–15; 8:45 am]
BILLING CODE 9111–14–P
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
U.S. Customs and Border
Protection, DHS.
ACTION: Notice.
AGENCY:
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
SUMMARY:
4 The Native American Tribal Card issued by the
Seneca Nation of Indians 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 § 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 § 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 § 289.
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13JYN1
40078
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
Passenger Programs, Office of Field
Operations, U.S. Customs and Border
Protection, via email at arthur.a.pitts@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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 document1 (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
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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Jkt 235001
Regulations, as amended by the WHTI
land and sea final rule, states:
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 provinceissued 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,
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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 WHTIcompliant 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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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices
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]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
National Customs Automation
Program (NCAP) Concerning Remote
Location Filing Entry Procedures in the
Automated Commercial Environment
(ACE) and the Use of the Document
Image System for the Submission of
Invoices and the Use of eBonds for the
Transmission of Single Transaction
Bonds
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to conduct a National
Customs Automation Program (NCAP)
test concerning entries filed using
remote location (RLF) filing procedures.
The test expands the entry types eligible
for RLF procedures and the port
locations where RLF entries may be
filed; requires the electronic
transmission of invoices using the
Document Image System (DIS); and
requires that single transaction bonds be
transmitted using eBond for RLF entries
requiring a single transaction bond. This
test applies only to entries ‘‘certified for
cargo release from summary’’ filed
through the Automated Commercial
Environment (ACE). Remote location
filing is a special entry procedure which
allows importers of record and brokers
with a national permit to file an entry
electronically from a remote location
other than where the goods are being
entered.
This test is in furtherance of key CBP
modernization initiatives and the
development of ACE. CBP is
transitioning all entry types to ACE from
the legacy Automated Commercial
System (ACS). This test checks the
viability, reliability and functionality
associated with filing invoices using
DIS; submitting single transaction bonds
using eBond for RLF entries submitted
in ACE; and expanding the entry types
eligible for RLF procedures and port
locations.
This notice invites public comment
concerning the test program; provides
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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Jkt 235001
legal authority for the test; explains the
purpose of the test; provides test
participant responsibilities; identifies
the regulations that will be waived
under the test; provides eligibility
criteria for participation in the test;
explains the application process; and
establishes the duration of the test. This
notice also explains the repercussions
and appeals process for misconduct
under the test.
DATES: The initial phase of the RLF test
will begin on August 12, 2015. This test
will continue until concluded by way of
an announcement in the Federal
Register. Comments will be accepted
through the duration of the test.
ADDRESSES: Comments concerning this
notice and any aspect of this test may
be submitted at any time during the test
via email to Josephine Baiamonte, ACE
Business Office (ABO), Office of
International Trade at
josephine.baiamonte@cbp.dhs.gov. In
the subject line of your email, please
indicate, ‘‘Comment on RLF Test FRN’’.
FOR FURTHER INFORMATION CONTACT: For
technical questions related to the
Automated Commercial Environment
(ACE) or Automated Broker Interface
(ABI) transmissions, contact your
assigned client representative.
Interested parties without an assigned
client representative should direct their
questions to Steven Zaccaro at
steven.j.zaccaro@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The National Customs Automation
Program (NCAP) was established in
Subtitle B of Title VI—Customs
Modernization (Customs Modernization
Act), in the North American Free Trade
Agreement Implementation Act, Pub. L.
103–182, 107 Stat. 2057 (19 U.S.C.
1411). Through NCAP, the initial thrust
of customs modernization was on trade
compliance and the development of the
Automated Commercial Environment
(ACE), the planned successor to the
Automated Commercial System (ACS).
The ability to meet these objectives
depends on successfully modernizing
CBP’s business functions and the
information technology that supports
those functions. CBP’s modernization
efforts are accomplished through phased
releases of ACE component
functionality designed to introduce a
new capacity or to replace a specific
legacy ACS function. Each release will
begin with a test and will end with
mandatory compliance with the new
ACE feature, thus retiring the legacy
ACS function. Each release builds on
previous releases and sets the
foundation for subsequent releases.
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40079
For the convenience of the public, a
chronological listing of Federal Register
publications detailing ACE test
developments is set forth below in
Section XII, entitled, ‘‘Development of
ACE Prototypes.’’ The procedures and
criteria related to participation in the
prior ACE tests remain in effect unless
otherwise explicitly changed by this or
subsequent notices published in the
Federal Register.
II. Authorization for the Test
The Customs Modernization
provisions provide the Commissioner of
CBP with authority to conduct limited
test programs or procedures designed to
evaluate planned components of the
NCAP. The test described in this notice
is authorized pursuant to § 101.9(b) of
title 19 of the Code of Federal
Regulations (19 CFR 101.9(b)), which
provides for the testing of NCAP
programs or procedures. See Treasury
Decision (T.D.) 95–21.
III. Remote Location Filing (RLF)
Remote location filing is a planned
component of the NCAP, authorized by
section 411 of the Tariff Act of 1930, as
amended by section 631 of the Customs
Modernization Act. See 19 U.S.C.
1411(a)(2)(B). After years of testing RLF
entry procedures, CBP published a final
rule in the Federal Register that
implemented RLF as a special entry
procedure. See 74 FR 69015 (December
30, 2009). These regulations, codified at
19 CFR part 143, subpart E, authorize
importers of record and brokers with a
national permit to file an entry
electronically from a remote location
other than where the goods are being
entered. Under CBP regulations, only
certain entry types may be filed using
RLF procedures and these entries must
be filed at a RLF-operational CBP
location. A current listing of RLF
eligible entry types may be found at the
following link: https://www.cbp.gov/
trade/entry-summary/remote-locationfiling/eligibility. A current list of RLFoperational CBP locations may be found
at the following link: https://
www.cbp.gov/document/guidance/rlfoperational-location-points-contact.
At this time, the entry types that may
be filed using RLF procedures for
parties not participating in this test are
01 entries (formal consumption entries),
03 entries (formal consumption entries
subject to antidumping or
countervailing duties), and 11 entries
(informal entries). Interested parties
should check the CBP links referenced
above for changes to the entry types
authorized for RLF procedures and
changes to the RLF operational CBP
locations.
E:\FR\FM\13JYN1.SGM
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 arthur.a.pitts@cbp.dhs.gov.
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:
---------------------------------------------------------------------------
\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 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
[[Page 40079]]
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]
BILLING CODE 9111-14-P
