Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Hydaburg Cooperative Association of Alaska as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry, 33686-33688 [2016-12552]
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33686
Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices
sradovich on DSK3TPTVN1PROD with NOTICES
Guidelines provide the maritime
industry with updated information on
the development and submission of an
APC request made pursuant to existing
regulations. In addition to providing
guidance to vessel owners and operators
on developing APC requests, the APC
Guidelines will also facilitate
consistency in the review of APC
requests by Coast Guard personnel. This
notice solicits public comment on the
procedures contained in the draft
update to the APC Guidelines.
DATES: Comments must reach the USCG
by August 25, 2016.
ADDRESSES: To view the APC Guidelines
as well as documents mentioned in this
notice, go to https://www.regulations.gov,
type ‘‘USCG–2016–0437’’ and click
‘‘Search.’’ Then click the ‘‘Open Docket
Folder.’’
FOR FURTHER INFORMATION CONTACT:
For USCG: CDR Scott Stoermer, Office
of Marine Environmental Response
Policy, 202–372–2234.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
The USCG encourages participation in
updating the APC Guidelines by
submitting comments and related
materials. All comments received will
be posted without change to https://
www.regulations.gov and will include
any personal information provided.
Submitting comments: If you submit a
comment, please include the docket
number (USCG–2016–0437), indicate
the specific section of the APC
Guidelines to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name, a mailing address,
an email address and/or a phone
number in the body of your document
to facilitate follow-up contact if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, type
‘‘USCG–2016–0437’’ in the search box,
and click ‘‘Search.’’ Then click
‘‘Comment Now!’’ on the appropriate
line. If you submit your comments by
mail or hand delivery, submit them in
an unbound format, no larger than 81⁄2
by 11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the DHS
Facility, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period.
VerDate Sep<11>2014
18:00 May 26, 2016
Jkt 238001
Viewing comments and documents:
To view comments as well as
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov, type
‘‘USCG–2016–0437’’ and click
‘‘Search.’’ Then click the ‘‘Open Docket
Folder.’’
Privacy Act: Anyone can search the
electronic material submitted into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act and system of records notice
regarding our public dockets in the
January 17, 2008, issue of the Federal
Register (73 FR 3316).
II. Abbreviations
APC Alternative Planning Criteria
CFR Code of Federal Regulations
017 District 17
FR Federal Register
MSIB Marine Safety Information Bulletin
NTV Nontank Vessel
OPA Oil Pollution Act of 1990
USCG U.S. Coast Guard
VOO Vessel of Opportunity
VRP Vessel Response Plan
III. Background
Under 33 CFR 155.1015 and 155.5015,
vessel response plans (VRPs) are
required to cover all navigable waters of
the U.S. in which a vessel operates.
Several areas under U.S. jurisdiction do
not have sufficient resources to meet the
national planning criteria prescribed
under 33 CFR part 155, Appendix B. In
remote areas where typical response
resources are not available, or the
available commercial resources do not
meet the national planning criteria, a
vessel owner or operator may request
that the Coast Guard accept an
Alternative Planning Criteria (APC).
In August 2009, the Coast Guard
published CG–543 Policy Letter 09–02,
‘‘Industry Guidelines for Requesting
Alternate Planning Criteria Approval,
One Time Waivers and Interim
Operating Authorization.’’ The purpose
of Policy Letter 09–02, was to provide
guidance to the maritime industry in
applying for an APC pursuant to 33 CFR
155.1065(f).
In September 2013, the Coast Guard
published regulations (78 FR 60124)
requiring NTVs over 400 gross tons to
submit VRPs, which made the national
planning criteria in 33 CFR part 155
applicable to thousands of additional
vessels across the U.S., including
geographic areas with limited
commercially available response
resources. Over time, it became
apparent that additional guidance
would be useful in addressing
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compliance issues that had developed
from the promulgation of the nontank
vessel (NTV) Final Rule.
In 2015, Coast Guard Dl 7 published
a draft Marine Safety Information
Bulletin (MSIB) that provided guidance
for APC submissions and expectations
within Alaskan waters, with a focus on
NTV traffic. Dl 7 received a multitude
of comments from various sectors of the
maritime industry on the draft MSIB. By
this time, the Coast Guard determined it
would be best to update the national
APC guidance rather than singularly
focusing on APC guidelines specific to
Alaska. The comments received on Dl
7’s MSIB were strongly considered by
the Coast Guard during the development
of the revised APC national guidance
now being published for public
comment.
IV. Public Comment of APC Guidelines
The draft APC Guidelines may be
amended by the Coast Guard, as
appropriate, based upon public
comment on this Federal Register
notice.
This notice is issued under the
authority of 5 U.S.C. 552 (a).
Dated: May 23, 2016.
J.B. Loring,
Captain, U.S. Coast Guard, Chief, Office of
Marine Environmental Response Policy.
[FR Doc. 2016–12624 Filed 5–26–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 16–08]
Western Hemisphere Travel Initiative:
Designation of an Approved Native
American Tribal Card Issued by the
Hydaburg Cooperative Association of
Alaska as an Acceptable Document To
Denote Identity and Citizenship for
Entry in the United States at Land and
Sea Ports of Entry
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 an
approved Native American Tribal Card
issued by the Hydaburg Cooperative
Association of Alaska (HCA 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 HCA Tribe members entering the
SUMMARY:
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Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices
United States from contiguous territory
or adjacent islands at land and sea ports
of entry.
DATES: This designation will become
effective on May 27, 2016.
FOR FURTHER INFORMATION CONTACT:
Arthur A. E. Pitts, Director, Traveler
Policies Division, Admissibility and
Passenger Programs, Office of Field
Operations, U.S. Customs and Border
Protection, via email at arthur.a.pitts@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3TPTVN1PROD 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 various
sections 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.
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,
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.
VerDate Sep<11>2014
18:00 May 26, 2016
Jkt 238001
pursuant to section 7209 of IRTPA.
Specifically, 8 CFR 235.1(e), as
amended by the WHTI land and sea
final rule, provides that upon
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. It provides that the Secretary of
Homeland Security will announce, by
publication of a notice in the Federal
Register, documents designated under
this paragraph. It further provides that
a list of the documents designated under
this section 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 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.
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
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.’’
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33687
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
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.
The Pascua Yaqui Tribe of Arizona
became the first Native American tribe
to have its tribal card designated as a
Western Hemisphere Travel Initiative
compliant document by the
Commissioner of CBP. This designation
was announced in a notice published in
the Federal Register on June 9, 2011 (76
FR 33776). Subsequently, the
Commissioner of CBP announced the
designation of the tribal cards of the
Kootenai Tribe of Idaho and the Seneca
Nation of Indians as Western
Hemisphere Travel Initiative compliant
documents. See 77 FR 4822 (January 31,
2012) and 80 FR 40076 (July 13, 2015).
HCA Tribe WHTI-Compliant Tribal Card
Program
The HCA Tribe has voluntarily
established a program to develop a
WHTI-compliant tribal card that denotes
identity and U.S. or Canadian
citizenship. On May 11, 2011, CBP and
the HCA 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 HCA 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 by
CBP. On August 27, 2014, the HCA
Tribe and CBP signed an addendum to
the April 1, 2010 Pascua Yaqui Tribe
Service Level Agreement that provides
that the Pascua Yaqui Tribe would serve
as the Information Technology
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Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices
Coordinator and the manufacturer of the
tribal cards on behalf of the HCA Tribe.
CBP has tested the cards developed by
the HCA 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
denote identity and U.S. and Canadian
citizenship for purposes of entering the
United States at land and sea ports of
entry from contiguous territory or
adjacent islands.4 CBP’s continued
acceptance of the tribal card as a WHTIcompliant 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 HCA 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 HCA Tribe members for
the purposes of entering the United
States from contiguous territory or
adjacent islands at land and sea ports of
entry.
Dated: May 19, 2016.
R. Gil Kerlikowske,
Commissioner.
BILLING CODE 9111–14–P
sradovich on DSK3TPTVN1PROD with NOTICES
4 The
Native American Tribal Card issued by the
HCA Tribe 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.
18:00 May 26, 2016
Federal Emergency Management
Agency
[Docket ID: FEMA–2015–0025; OMB No.
1660–NEW]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; Individual
& Community Preparedness Division
(ICPD) Annual Youth Preparedness
Council (YPC) Application Form
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
The Federal Emergency
Management Agency (FEMA) will
submit the information collection
abstracted below to the Office of
Management and Budget for review and
clearance in accordance with the
requirements of the Paperwork
Reduction Act of 1995. The submission
will describe the nature of the
information collection, the categories of
respondents, the estimated burden (i.e.,
the time, effort and resources used by
respondents to respond) and cost, and
the actual data collection instruments
FEMA will use.
DATES: Comments must be submitted on
or before June 27, 2016.
ADDRESSES: Submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the Desk Officer
for the Department of Homeland
Security, Federal Emergency
Management Agency, and sent via
electronic mail to oira.submission@
omb.eop.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–12552 Filed 5–26–16; 8:45 am]
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
Jkt 238001
Requests for additional information or
copies of the information collection
should be made to Director, Records
Management Division, 500 C Street SW.,
Washington, DC 20472–3100, or email
address FEMA-Information-CollectionsManagement@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: This
information collection previously
published in the Federal Register on
October 28, 2015, at 80 FR 66031 with
a 60 day public comment period. No
comments were received. The purpose
of this notice is to notify the public that
FEMA will submit the information
collection abstracted below to the Office
of Management and Budget for review
and clearance.
PO 00000
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Fmt 4703
Sfmt 4703
Collection of Information
Title: Individual & Community
Preparedness Division (ICPD) Annual
Youth Preparedness Council (YPC)
Application Form.
Type of information collection: New
information collection.
OMB Number: 1660–NEW.
Form Titles and Numbers: FEMA
Form 008–0–0–24, FEMA Youth
Preparedness Council Application
Form.
Abstract: FEMA Headquarters and
regional staff review completed
applications to select council members
based on dedication to public service,
efforts in making a difference in their
community, and potential for expanding
their impact as a national advocate for
youth preparedness. Applicants for the
YPC apply by downloading a PDF
application from FEMA’s Web site.
They can either complete the written
form or they can answer the questions
in the form of a short video. They must
then download their application and
submit the application and related
documents, including reference letters
and academic records, to FEMA via the
FEMA-Youth-Prepareness-Council@
fema.dhs.gov email address. Fifteen
youths are selected to serve as a council
member.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
100.
Estimated Total Annual Burden
Hours: 142 hours.
Estimated Cost: The estimated annual
cost to respondents for the hour burden
is $0. There are no annual costs to
respondents’ operations and
maintenance costs for technical
services. There are no annual start-up or
capital costs. The cost to the Federal
Government is $65,662.00.
Dated: May 18, 2016.
Richard W. Mattison
Records Management Program Chief, Mission
Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2016–12616 Filed 5–26–16; 8:45 am]
BILLING CODE 9111–46–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2016–0030]
National Infrastructure Advisory
Council
National Protection and
Programs Directorate, DHS.
ACTION: Committee management; notice
of an open Federal Advisory Committee
meeting.
AGENCY:
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]]>Agencies
[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Notices]
[Pages 33686-33688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12552]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. 16-08]
Western Hemisphere Travel Initiative: Designation of an Approved
Native American Tribal Card Issued by the Hydaburg Cooperative
Association of Alaska as an Acceptable Document To Denote Identity and
Citizenship for Entry in the United States at Land and Sea Ports of
Entry
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 an approved Native American Tribal
Card issued by the Hydaburg Cooperative Association of Alaska (HCA
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 HCA Tribe
members entering the
[[Page 33687]]
United States from contiguous territory or adjacent islands at land and
sea ports of entry.
DATES: This designation will become effective on May 27, 2016.
FOR FURTHER INFORMATION CONTACT: Arthur A. E. Pitts, Director, Traveler
Policies Division, Admissibility and 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 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.
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. Specifically, 8 CFR
235.1(e), as amended by the WHTI land and sea final rule, provides that
upon 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. It provides that the Secretary of
Homeland Security will announce, by publication of a notice in the
Federal Register, documents designated under this paragraph. It further
provides that a list of the documents designated under this section
will also be made available to the public.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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.
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.
---------------------------------------------------------------------------
\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 Homeland Security 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. More information about WHTI-compliant
documents is available at www.cbp.gov/travel.
The Pascua Yaqui Tribe of Arizona became the first Native American
tribe to have its tribal card designated as a Western Hemisphere Travel
Initiative compliant document by the Commissioner of CBP. This
designation was announced in a notice published in the Federal Register
on June 9, 2011 (76 FR 33776). Subsequently, the Commissioner of CBP
announced the designation of the tribal cards of the Kootenai Tribe of
Idaho and the Seneca Nation of Indians as Western Hemisphere Travel
Initiative compliant documents. See 77 FR 4822 (January 31, 2012) and
80 FR 40076 (July 13, 2015).
HCA Tribe WHTI-Compliant Tribal Card Program
The HCA Tribe has voluntarily established a program to develop a
WHTI-compliant tribal card that denotes identity and U.S. or Canadian
citizenship. On May 11, 2011, CBP and the HCA 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 HCA 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 by CBP. On August 27,
2014, the HCA Tribe and CBP signed an addendum to the April 1, 2010
Pascua Yaqui Tribe Service Level Agreement that provides that the
Pascua Yaqui Tribe would serve as the Information Technology
[[Page 33688]]
Coordinator and the manufacturer of the tribal cards on behalf of the
HCA Tribe.
CBP has tested the cards developed by the HCA 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 denote identity and U.S. and Canadian
citizenship for purposes of entering the United States at land and sea
ports of entry from contiguous territory or adjacent islands.\4\ CBP's
continued acceptance of the tribal card as a WHTI-compliant document is
conditional on compliance with the MOA and all related agreements.
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\4\ The Native American Tribal Card issued by the HCA Tribe 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 Sec. 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 Sec. 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
Sec. 289.
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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 HCA 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 HCA Tribe members for the purposes of entering
the United States from contiguous territory or adjacent islands at land
and sea ports of entry.
Dated: May 19, 2016.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2016-12552 Filed 5-26-16; 8:45 am]
BILLING CODE 9111-14-P
