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 VerDate Nov<24>2008 15:25 May 28, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\29MYR1.SGM 29MYR1 tjames on PRODPC75 with RULES Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules and Regulations 25619 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.