25618 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules and Regulations

DEPARTMENT OF HOMELAND a joint final rule, effective on June 1, specific factors, such as the State’s or SECURITY 2009, that implements the Western province’s funding, technology, and Hemisphere Travel Initiative (WHTI) at other developments and U.S. Customs and Border Protection U.S. land and sea ports of entry. See 73 implementation factors. Acceptable EDL FR 18384 (the land and sea final rule). documents must have compatible 8 CFR Part 235 The land and sea final rule specifies the technology and security criteria, and [CBP Dec. 09–18] documents that U.S. citizens and must respond to CBP’s operational nonimmigrant aliens from Canada, concerns. The EDL must include Western Hemisphere Travel Initiative: Bermuda, and Mexico will be required technologies that facilitate inspection at Designation of Enhanced Driver’s to present when entering the United ports of entry. EDL documents also must Licenses and Identity Documents States at land and sea ports of entry be issued via a secure process and Issued by the States of Vermont and from within the Western Hemisphere include technology that facilitates travel Michigan and the Provinces of Quebec, (which includes contiguous territories to satisfy WHTI requirements. Manitoba, British Columbia, and and adjacent islands of the United On an ongoing basis, DHS will Ontario as Acceptable Documents To States). announce, by publication of a notice in Denote Identity and Citizenship Under the land and sea final rule, one the Federal Register, that a State’s and/ type of citizenship and identity or province’s EDL has been designated AGENCY: U.S. Customs and Border document that U.S. or Canadian citizens as a WHTI-compliant document for Protection, Department of Homeland may present upon entry to the United purposes of entering the United States Security. States is an enhanced driver’s license or by land or sea from within the Western ACTION: Notice. identification document 1 (EDL) Hemisphere. (See the designations at 73 designated as an acceptable document FR 18421 (April 3, 2008) for EDLs SUMMARY: This document announces to denote identity and citizenship by the issued by the State of Washington and that the Commissioner of U.S. Customs Secretary, pursuant to section 7209 of at 73 FR 73343 (December 2, 2008) for and Border Protection is designating IRTPA, as amended. Section 235.1(d) of EDLs issued by the State of New York.) enhanced driver’s licenses and title 8 of the Code of Federal DHS will make available to the public identification documents issued by the Regulations (CFR), as amended by the a list of the documents designated as States of Vermont and Michigan and the WHTI land and sea final rule, states: WHTI compliant. A list of States and Canadian Provinces of Quebec, provinces that issue EDLs is available at Manitoba, British Columbia, and Upon the designation by the Secretary of Homeland Security of an enhanced driver’s http://www.getyouhome.gov. The Ontario as acceptable documents for license as an acceptable document to denote Secretary delegated to the purposes of the Western Hemisphere identity and citizenship for purposes of Commissioner of CBP the authority to Travel Initiative. These documents may entering the United States, U.S. citizens and designate certain documents as be used to denote identity and Canadians may be permitted to present these acceptable border crossing documents citizenship of, as appropriate, U.S. or documents in lieu of a passport upon for persons arriving in the United States entering or seeking admission to the United Canadian citizens entering the United by land or sea from within the Western States from within the Western States according to the terms of the agreements entered between the Secretary of Hemisphere, including State-specific Hemisphere at land and sea ports of Homeland Security and the entity. The enhanced driver’s licenses and identity entry. Secretary of Homeland Security will documents and Canadian province- DATES: This designation is effective on announce, by publication of a notice in the specific enhanced driver’s licenses and June 1, 2009. Federal Register, documents designated identity documents. under this paragraph. A list of designated FOR FURTHER INFORMATION CONTACT: documents will also be made available to the Vermont EDL Program Colleen Manaher, Western Hemisphere public. Vermont has established a voluntary Travel Initiative, U.S. Customs and program to develop enhanced driver’s Border Protection, 1300 Pennsylvania EDL Programs licenses and identification cards (EDLs) Avenue, NW., Washington, DC 20229, DHS is committed to working with that would denote identity and U.S. 202–344–1220. the various States of the United States citizenship. On September 26, 2007, SUPPLEMENTARY INFORMATION: and the Government of Canada to DHS and the State of Vermont signed a Background facilitate the development of State and Memorandum of Agreement (MOA) to province-issued EDLs as travel develop, issue, test, and evaluate EDLs The Western Hemisphere Travel documents that denote identity and with facilitative technology to be used Initiative citizenship. To establish an EDL for border crossing purposes. On The Intelligence Reform and program, each State or province 2 must February 15, 2008, CBP approved the Terrorism Prevention Act of 2004 enter into an agreement with DHS or plan outlining the business process for (IRTPA), Public Law 108–458, 118 Stat. U.S. Customs and Border Protection the implementation of the Vermont EDL 3638 (Dec. 17, 2004), as amended, (CBP) to develop an acceptable EDL program. Under the terms of this MOA provides that upon full implementation, document. Each EDL program is specific and business plan, Vermont EDLs will U.S. citizens and Bermudian, Canadian, to each State or province based on be issued only to Vermont residents that and Mexican nationals will be required can establish both identity and U.S. to present a passport or such alternative 1 The ‘‘enhanced driver’s license or identification citizenship. documents as the Secretary of document’’ may be in one of two forms, as decided Following successful field and by the issuing authority, provided that the Homeland Security (Secretary) document (card) denotes identity and citizenship technical testing, the Commissioner of designates as satisfactorily establishing and meets technical requirements: (1) An enhanced CBP has determined that the EDLs identity and citizenship when entering driver’s license or (2) an enhanced identity card. issued by the State of Vermont the United States. See 8 U.S.C. 1185 The designation ‘‘EDL’’ covers both documents. according to the terms of the above 2 For a province of Canada, the agreement will be note. On April 3, 2008, the Department between DHS/CBP and the Canada Border Services agreement and business plan meet the of Homeland Security (DHS) and the Agency working with and representing the requirements of section 7209 of the Department of State (DOS) promulgated province. IRTPA and are acceptable documents to

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denote identity and U.S. citizenship for contingent upon successful technical entry from within the Western purposes of entering the United States at testing, SAAQ Driver’s Licenses Plus Hemisphere under the final rule. land and sea ports of entry from within produced in accordance with the British Columbia EDL Program the Western Hemisphere under the final Province of Quebec’s business plan rule. were anticipated to be designated as The Province of British Columbia has established a voluntary program to Michigan EDL Program documents denoting identity and Canadian citizenship for purposes of develop enhanced driver’s licenses and Michigan has established a voluntary entering the United States by land or identification cards (EDLs) that would program to develop enhanced driver’s sea. denote identity and Canadian licenses and identification cards (EDLs) Following successful field and citizenship. On April 1, 2008, CBP and that would denote identity and U.S. technical testing, the Commissioner of the CBSA entered into a Memorandum citizenship. On October 13, 2008, DHS CBP has determined that Driver’s of Understanding Regarding the Use, and the State of Michigan signed a Licenses Plus issued by the Province of Disclosure and Storage of Canadian Memorandum of Agreement (MOA) to Quebec according to the terms of the Enhanced Driver’s License Information develop, issue, test, and evaluate EDLs business plan approved by CBP meet relating to CBP’s access to EDL with facilitative technology to be used the requirements of section 7209 of the information for documents, including for border crossing purposes. On the IRTPA and are acceptable documents to the British Columbia EDL for border same date, CBP and the State of denote identity and Canadian crossing purposes. On April 9, 2009, following negotiations between CBP and Michigan reached agreement on the citizenship for purposes of entering the plan outlining the business process for the Canadian and British Columbia United States at land and sea ports of the implementation of the Michigan governments, the CBSA and Citizenship entry from within the Western EDL program. Under the terms of this and Immigration Canada transmitted to Hemisphere under the final rule. MOA and business plan, Michigan EDLs CBP the Province of British Columbia’s will be issued only to Michigan Manitoba EDL Program official business plan outlining the residents that can establish both identity approach and process by which British The Province of Manitoba has and U.S. citizenship. Columbia will make available EDLs to established a voluntary program to Following successful field and qualified Canadian citizens residing in develop enhanced driver’s licenses and technical testing, the Commissioner of the Province of British Columbia. On CBP has determined that the EDLs identification cards (EDLs) that would April 16, 2009, CBP determined that, issued by the State of Michigan denote identity and Canadian contingent upon successful technical according to the terms of the above citizenship. On April 1, 2008, CBP and testing, British Columbia’s EDLs agreement and business plan meet the the CBSA entered into a Memorandum produced in accordance with the requirements of section 7209 of the of Understanding Regarding the Use, province’s business plan were IRTPA and are acceptable documents to Disclosure and Storage of Canadian anticipated to be designated as denote identity and U.S. citizenship for Enhanced Driver’s License Information documents denoting identity and purposes of entering the United States at relating to CBP’s access to EDL Canadian citizenship for purposes of land and sea ports of entry from within information for documents, including entering the United States by land or the Western Hemisphere under the final the Manitoba EDL for border crossing sea. rule. purposes. On June 12, 2008, following Following successful field and negotiations between CBP and the technical testing, the Commissioner of Quebec EDL Program Canadian and Manitoba governments, CBP has determined that the EDLs The Province of Quebec has the CBSA and Citizenship and issued by the Province of British established a voluntary program to Immigration Canada transmitted to CBP Columbia according to the terms of the develop an enhanced driver’s license the Province of Manitoba’s official business plan approved by CBP meet that would denote identity and business plan outlining the approach the requirements of section 7209 of the Canadian citizenship. On April 1, 2008, and process by which Manitoba will IRTPA and are acceptable documents to CBP and the Canada Border Services make available EDLs to qualified denote identity and Canadian Agency (CBSA) entered into a Canadian citizens residing in the citizenship for purposes of entering the Memorandum of Understanding Province of Manitoba. On July 3, 2008, United States at land and sea ports of Regarding the Use, Disclosure and CBP determined that, contingent upon entry from within the Western Storage of Canadian Enhanced Driver’s successful technical testing, Manitoba Hemisphere under the final rule. License Information relating to CBP’s EDLs produced in accordance with the access to EDL information for Province of Manitoba’s business plan Ontario EDL Program documents, including the Quebec EDL were anticipated to be designated as The Province of Ontario has for border crossing purposes. On documents denoting identity and established a voluntary program to January 16, 2009, following negotiations Canadian citizenship for purposes of develop enhanced driver’s licenses and between CBP and the Canadian and entering the United States by land or identification cards (EDLs). On April 1, Quebec governments in November 2008, sea. 2008, CBP and CBSA entered into a the CBSA and Citizenship and Following successful field and Memorandum of Understanding Immigration Canada transmitted to CBP technical testing, the Commissioner of Regarding the Use, Disclosure and the Province of Quebec’s official CBP has determined that the EDLs Storage of Canadian Enhanced Driver’s business plan outlining the approach issued by the Province of Manitoba License Information relating to CBP’s and process by which the Socie´te´ de according to the terms of the business access to EDL information for l’assurance automobile du Que´bec plan approved by CBP meet the documents, including the Ontario EDL (SAAQ) will make available enhanced requirements of section 7209 of the for border crossing purposes. On May 6, driver’s licenses and identification cards IRTPA and are acceptable documents to 2009, following negotiations between to qualified Canadian citizens residing denote identity and Canadian the parties, CBSA transmitted to CBP in the Province of Quebec. On February citizenship for purposes of entering the the Province of Ontario’s official 2, 2009, CBP determined that, United States at land and sea ports of business plan outlining the approach

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and process by which Ontario will make of certain depository institutions. The institutions that are eligible to receive available EDLs to qualified Canadian Board is also amending Regulation D to earnings on their balances held at citizens residing in the Province of authorize the establishment of limited- Reserve Banks include the institutions Ontario. On May 11, 2009, CBP purpose accounts, called ‘‘excess described in section 19(b)(1)(A) of the determined that, contingent upon balance accounts,’’ at Federal Reserve Act 1 and ‘‘any trust company, successful technical testing, Ontario Banks for the maintenance of excess corporation organized under section EDL’s produced in accordance with the balances of eligible institutions. These 25A or having an agreement with the Province of Ontario’s business plan excess balance accounts are intended to Board under section 25, or any branch were anticipated to be designated as permit eligible institutions to earn or agency of a foreign bank (as defined documents denoting identity and interest on their excess balances without in section 1(b) of the International Canadian citizenship for purposes of significantly disrupting established Banking Act of 1978).’’ 2 The Act also entering the United States by land or business relationships with their provides that the Board may prescribe sea. correspondents. regulations concerning the payment of earnings, the distribution of earnings to Following successful field and DATES: This final rule is effective July 2, technical testing, the Commissioner of 2009. the depository institutions that maintain CBP has determined that the EDLs balances or on whose behalf balances issued by the Province of Ontario FOR FURTHER INFORMATION CONTACT: are maintained, and ‘‘the according to the terms of the business Sophia H. Allison, Senior Counsel (202/ responsibilities of depository plan approved by CBP meet the 452–3565), or Dena L. Milligan, institutions, Federal Home Loan Banks, requirements of section 7209 of the Attorney (202/452–3900), Legal and the National Credit Union IRTPA and are acceptable documents to Division, or Seth Carpenter, Deputy Administration Central Liquidity denote identity and Canadian Associate Director (202/452–2385), or Facility with respect to the crediting citizenship for purposes of entering the Margaret Gillis DeBoer, Section Chief and distribution of earnings attributable United States at land and sea ports of (202/452–3139), Division of Monetary to balances maintained * * * in a entry from within the Western Affairs; for information with respect to Federal Reserve bank by any such entity Hemisphere under the final rule. the clearing balance policy and float on behalf of depository institutions.’’ 3 calculations, contact Jonathan Mueller, Regulation D, which implements the Designation Senior Financial Analyst (202/530– provisions of section 19 of the Act, also This notice announces that the 6291), Division of Reserve Bank provides that a depository institution Commissioner of CBP has designated Operations and Payment Systems; for must maintain its required reserves in the EDLs issued by the States of users of Telecommunications Device for the form of cash in its vault, or if vault Vermont and Michigan and the the Deaf (TDD) only, contact 202/263– cash is insufficient, in the form of a Provinces of Quebec, Manitoba, British 4869; Board of Governors of the Federal balance in an account at a Reserve Columbia, and Ontario as acceptable Reserve System, 20th and C Streets, Bank.4 A depository institution may documents to denote identity and NW., Washington, DC 20551. maintain balances at a Reserve Bank in citizenship for purposes of entering the SUPPLEMENTARY INFORMATION: an account in its own name, or it may United States at land and sea ports of choose another institution as its ‘‘pass- I. Interest on Balances at Federal 5 entry from within the Western Reserve Banks through correspondent.’’ Under a Hemisphere, pursuant to section 7209 of IRTPA and the final rule, 8 CFR 235.1(d) A. Background 1 Section 19(b)(1)(A) defines ‘‘depository institution’’ as ‘‘(i) any insured bank as defined in Dated: May 20, 2009. For monetary policy purposes, section section 3 of the Federal Deposit Insurance Act or Jayson P. Ahern, 19 of the Federal Reserve Act (‘‘the any bank which is eligible to make application to Acting Commissioner, Customs and Border Act’’) imposes reserve requirements on become an insured bank under section 5 of such Act; (ii) any mutual savings bank as defined in Protection. certain types of deposits and other section 3 of the Federal Deposit Insurance Act or [FR Doc. E9–12513 Filed 5–28–09; 8:45 am] liabilities of depository institutions. any bank which is eligible to make application to BILLING CODE 9111–14–P Title II of the Financial Services become an insured bank under section 5 of such Regulatory Relief Act of 2006 (the ‘‘2006 Act; (iii) any savings bank as defined in section 3 of the Federal Deposit Insurance Act or any bank Act’’) (Pub. L. 109–351, 120 Stat. 1966 which is eligible to make application to become an FEDERAL RESERVE SYSTEM (Oct. 13, 2006)) amended section 19 of insured bank under section 5 of such Act; (iv) any the Act by authorizing the Federal insured credit union as defined in section 101 of 12 CFR Part 204 Reserve Banks (‘‘Reserve Banks’’) to pay the Federal Credit Union Act or any credit union earnings on balances maintained at the which is eligible to make application to become an [Regulation D; Docket Nos. R–1334 and insured credit union pursuant to section 201 of Reserve Banks by or on behalf of certain such Act; (v) any member as defined in section 2 R–1350] depository institutions. The original of the Federal Home Loan Bank Act; [and] (vi) any savings association (as defined in section 3 of the Reserve Requirements for Depository effective date of this authority was October 1, 2011. Section 128 of the Federal Deposit Insurance Act) which is an insured Institutions depository institution (as defined in such Act) or is Emergency Economic Stabilization Act eligible to apply to become an insured depository AGENCY: Board of Governors of the of 2008 (the ‘‘2008 Act’’) (Pub. L. 110– institution under the Federal Deposit Insurance Federal Reserve System. 343, 122 Stat. 3765 (Oct. 3, 2008)) Act.’’ 12 U.S.C. 461(b)(1)(A). accelerated the effective date of this 2 Federal Reserve Act section 19(b)(12)(C), 12 ACTION: Final rule. U.S.C. 461(b)(12)(C). authority to October 1, 2008. 3 Federal Reserve Act section 19(b)(12), 12 U.S.C. SUMMARY: The Board is adopting, with Section 19 of the Act now provides 461(b)(12). certain revisions, its interim final rule that Reserve Banks may pay earnings on 4 12 CFR 204.5(a)(1) (formerly 12 CFR that amended Regulation D (Reserve balances held at the Reserve Banks by 204.3(b)(1)). Requirements of Depository Institutions) or on behalf of certain depository 5 The 2006 Act amended section 19 of the Act to authorize member banks to enter into pass-through to direct Federal Reserve Banks to pay institutions at least once each quarter at account arrangements. Prior to the 2006 Act, only interest on certain balances held at a rate not to exceed the general level of nonmember banks were authorized to enter into Federal Reserve Banks by or on behalf short-term interest rates. Depository such arrangements. As published in today’s Federal

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