67278 Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Notices

DEPARTMENT OF HOMELAND effective on June 1, 2009, that Border Protection (CBP) the authority to SECURITY implemented the plan known as the designate certain documents as Western Hemisphere Travel Initiative acceptable border crossing documents U.S. Customs and Border Protection (WHTI) at U.S. land and sea ports of for persons arriving in the United States [CBP Dec. 19–12] entry. See 73 FR 18384 (the WHTI Land by land or sea from within the Western and Sea Final Rule). It amended various Hemisphere, including certain United Western Hemisphere Travel Initiative: sections in the Code of Federal States Native American Tribal Cards. Designation of an Approved Native Regulations (CFR), including 8 CFR See DHS Delegation Number 7105 American Tribal Card Issued by the 212.0, 212.1, and 235.1. The WHTI Land (Revision 00), dated January 16, 2009. and Sea Final Rule specifies the Puyallup Tribe of Indians as an Tribal Card Program Acceptable Document To Denote documents that U.S. citizens and Identity and Citizenship for Entry in the nonimmigrant aliens from Canada, The WHTI Land and Sea Final Rule United States at Land and Sea Ports of Bermuda, and Mexico are required to allowed U.S. federally recognized Entry present when entering the United States Native American tribes to work with at land and sea ports of entry. CBP to enter into agreements to develop AGENCY: U.S. Customs and Border Under the WHTI Land and Sea Final tribal ID cards that can be designated as Protection, DHS. Rule, one type of citizenship and acceptable to establish identity and ACTION: Notice. identity document that may be citizenship when entering the United presented upon entry to the United States at land and sea ports of entry SUMMARY: This notice announces that States at land and sea ports of entry from contiguous territory or adjacent the Commissioner of U.S. Customs and from contiguous territory or adjacent islands. CBP has been working with Border Protection is designating an islands 1 is a Native American tribal various U.S. federally recognized Native approved Native American tribal card card that has been designated as an American tribes to facilitate the issued by the Puyallup Tribe of Indians acceptable document to denote identity development of such cards.3 As part of to U.S. and Canadian citizens as an and citizenship by the Secretary, the process, CBP will enter into one or acceptable travel document for purposes pursuant to section 7209 of IRTPA. more agreements with a U.S. federally of the Western Hemisphere Travel Specifically, 8 CFR 235.1(e), as recognized tribe that specify the Initiative. The approved card may be amended by the WHTI Land and Sea requirements for developing and issuing used to denote identity and citizenship Final Rule, provides that upon WHTI-compliant Native American tribal of Puyallup Tribe of Indians members designation by the Secretary of cards, including a testing and auditing entering the United States from Homeland Security of a United States process to ensure that the cards are contiguous territory or adjacent islands qualifying tribal entity document as an produced and issued in accordance with at land and sea ports of entry. acceptable document to denote identity the terms of the agreements. DATES: This designation will become and citizenship for the purposes of After production of the cards in effective on December 9, 2019. entering the United States, Native accordance with the specified FOR FURTHER INFORMATION CONTACT: Americans may be permitted to present requirements, and successful testing and Colleen Manaher, Executive Director, tribal cards upon entering or seeking auditing by CBP of the cards and Planning, Program Analysis, and admission to the United States program, the Secretary of Homeland Evaluation, Office of Field Operations, according to the terms of the voluntary Security or the Commissioner of CBP U.S. Customs and Border Protection, via agreement entered between the may designate the Native American email at Colleen.M.Manaher@ Secretary of Homeland Security and the tribal card as an acceptable WHTI- cbp.dhs.gov. tribe. It provides that the Secretary of compliant document for the purpose of SUPPLEMENTARY INFORMATION: Homeland Security will announce, by establishing identity and citizenship publication of a notice in the Federal when entering the United States by land Background Register, documents designated under or sea from contiguous territory or The Western Hemisphere Travel this paragraph. It further provides that adjacent islands. Such designation will Initiative a list of the documents designated under be announced by publication of a notice this section will also be made available Section 7209 of the Intelligence in the Federal Register. More to the public. information about WHTI-compliant Reform and Terrorism Prevention Act of A United States qualifying tribal documents is available at www.cbp.gov/ 2004 (IRTPA), Public Law 108–458, as entity is defined as a tribe, band, or travel. amended, required the Secretary of other group of Native Americans Homeland Security (Secretary), in formally recognized by the United The Pascua Yaqui Tribe of Arizona consultation with the Secretary of State, States Government which agrees to meet became the first Native American tribe to develop and implement a plan to WHTI document standards. See 8 CFR to have its Native American tribal card require U.S. citizens and individuals for 212.1.2 Native American tribal cards are designated as a WHTI-compliant whom documentation requirements also referenced in 8 CFR 235.1(b), which document by the Commissioner of CBP. have previously been waived under lists the documents U.S. citizens may This designation was announced in a section 212(d)(4)(B) of the Immigration use to establish identity and citizenship notice published in the Federal Register and Nationality Act (8 U.S.C. when entering the United States. See 8 on June 9, 2011 (76 FR 33776). 1182(d)(4)(B)) to present a passport or CFR 235.1(b)(7). Subsequently, the Commissioner of CBP other document or combination of The Secretary has delegated to the announced the designation of several documents as the Secretary deems Commissioner of U.S. Customs and other Native American tribal cards as sufficient to denote identity and WHTI compliant documents. See, e.g., citizenship for all travel into the United 1 ‘‘Adjacent islands’’ is defined in 8 CFR 212.0 as the Native American tribal cards of the States. See 8 U.S.C. 1185 note. On April ‘‘Bermuda and the islands located in the Caribbean Sea, except Cuba.’’ This definition applies to 8 CFR 3 The Native American tribal cards qualifying to 3, 2008, the Department of Homeland 212.1 and 235.1. be a WHTI-compliant document for border crossing Security (DHS) and the Department of 2 This definition applies to 8 CFR 212.1 and purposes are commonly referred to as ‘‘Enhanced State promulgated a joint final rule, 235.1. Tribal Cards’’ or ‘‘ETCs.’’

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Kootenai Tribe of Idaho, 77 FR 4822 the Native American tribal cards as a This notice announces that CBP is (January 31, 2012); the Seneca Nation of WHTI-compliant document is modifying the Section 321 Data Pilot to Indians, 80 FR 40076 (July 13, 2015); the conditional on compliance with the include shipments arriving by ocean Hydaburg Cooperative Association of MOA and related agreements. and to include international mail Alaska, 81 FR 33686 (May 27, 2016); Acceptance and use of the WHTI- shipments. This notice also modifies the and the Pokagon Band of Potawatomi compliant Native American tribal cards provisions governing misconduct under Indians, 82 FR 42351 (September 7, is voluntary for tribe members. If an the pilot and extends the duration of the 2017). individual is denied a WHTI-compliant pilot an additional twelve months Native American tribal card, he or she (through August 2021). Puyallup Tribe of Indians WHTI- may still apply for a passport or other DATES: The voluntary pilot began on Compliant Native American Tribal Card WHTI-compliant document. August 22, 2019, and will run for a total Program Designation of approximately 24 months, through The Puyallup Tribe of Indians August 2021. CBP will accept (Puyallup Tribe) has voluntarily This notice announces that the applications from prospective pilot established a program to develop a Commissioner of CBP designates the participants at any time until CBP has WHTI-compliant Native American tribal Native American tribal card issued by identified a sufficient number of eligible card that denotes identity and U.S. or the Puyallup Tribe in accordance with participants. At this time, the pilot is the MOA and all related agreements Canadian citizenship. On July 10, 2015, limited to a maximum of nine between the tribe and CBP as an CBP and the Puyallup Tribe entered into participants. acceptable WHTI-compliant document a Memorandum of Agreement (MOA) to pursuant to section 7209 of the IRTPA ADDRESSES: Prospective pilot develop, issue, test, and evaluate tribal and 8 CFR 235.1(e). In accordance with participants should submit an email to cards to be used for border crossing these provisions, the approved card, if e-commercesmallbusinessbranch@ purposes. Pursuant to this MOA, the valid and lawfully obtained, may be cbp.dhs.gov. In the subject line of your cards are issued to members of the used to denote identity and U.S. or email please indicate ‘‘Application for Puyallup Tribe who can establish Canadian citizenship of Puyallup Tribe Section 321 Data Pilot.’’ For information identity, tribal membership, and U.S. or members for the purposes of entering on what to include in the email, see Canadian citizenship. The cards the United States from contiguous section II.D (Application Process and incorporate physical security features territory or adjacent islands at land and Acceptance) of the notice published in acceptable to CBP as well as facilitative sea ports of entry. the Federal Register on July 23, 2019 technology allowing for electronic (84 FR 35405). Dated: December 2, 2019. validation of identity, citizenship, and FOR FURTHER INFORMATION CONTACT: 4 Mark A. Morgan, tribal membership by CBP. Laurie Dempsey, Director, IPR & E- CBP has tested the cards developed by Acting Commissioner, U.S. Customs and Commerce Division at Border Protection. the Puyallup Tribe pursuant to the [email protected] or 202– above MOA and related agreements, and [FR Doc. 2019–26444 Filed 12–6–19; 8:45 am] 615–0514 and Daniel Randall, Branch has performed an audit of the tribe’s BILLING CODE 9111–14–P Chief, Manifest & Conveyance Security card program. On the basis of these tests at 202–344–3282. and audit, CBP has determined that the DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: Native American tribal cards meet the SECURITY requirements of section 7209 of the I. Section 321 Data Pilot IRTPA and are acceptable documents to U.S. Customs & Border Protection On July 23, 2019, CBP published a denote identity and citizenship for general notice in the Federal Register purposes of entering the United States at Modifications to the Section 321 Data (84 FR 35405) (hereafter referred to as land and sea ports of entry from Pilot the July 2019 notice) announcing the contiguous territory or adjacent voluntary Section 321 Data Pilot. AGENCY: islands.5 CBP’s continued acceptance of U.S. Customs and Border Participants in the Section 321 Data Protection, DHS. Pilot agree to electronically transmit 4 In 2017, CBP and the Puyallup Tribe entered ACTION: General notice. certain data elements related to de into additional agreements related to the MOA. CBP minimis value shipments potentially and the Puyallup Tribe entered into a Service Level SUMMARY: On July 23, 2019, U.S. Agreement (SLA) on May 4, 2017, concerning Customs and Border Protection (CBP) eligible for release under section 321 of technical requirements and support for the published a general notice in the the Tariff Act of 1930, as amended production, issuance, and verification of the Native Federal Register (84 FR 35405) (‘‘section 321 shipments’’). Section 321 American Tribal Cards. CBP and the Puyallup Tribe provides for an administrative also entered into an Interconnection Security announcing the Section 321 Data Pilot, Agreement on July 28, 2017, with respect to a voluntary pilot in which participants exemption from duty and taxes for individual and organizational security agree to electronically transmit certain shipments of merchandise imported by responsibilities for the protection and handling of advance data elements related to de one person on one day having an unclassified information. aggregate fair retail value in the country 5 The Native American tribal card issued by the minimis value shipments potentially Puyallup Tribe may not, by itself, be used by eligible for release under section 321 of of shipment of an amount specified by Canadian citizen tribal members to establish that the Tariff Act of 1930, as amended. The the Secretary by regulation, but not less they meet the requirements of section 289 of the purpose of the pilot is to improve CBP’s than $800. The July 2019 notice Immigration and Nationality Act (INA) [8 U.S.C. provided a description of the Section 1359]. INA § 289 provides that nothing in this title ability to effectively and efficiently shall be construed to affect the right of American identify and target high-risk shipments, 321 Data Pilot, the eligibility Indians born in Canada to pass the borders of the including for narcotics, counter- requirements, and the application United States, but such right shall extend only to proliferation, and health and safety process for participation. persons who possess at least 50 per centum of blood The Section 321 Data Pilot is intended of the American Indian race. While the tribal card risks, in the e-commerce environment. may be used to establish a card holder’s identity for to improve CBP’s ability to effectively purposes of INA § 289, it cannot, by itself, serve as he or she possesses at least 50% American Indian and efficiently assess the security risks evidence of the card holder’s Canadian birth or that blood, as required by INA § 289. of shipments potentially eligible for

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