[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Notices]
[Pages 18421-18422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6819]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / 
Notices  

[[Page 18421]]


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DEPARTMENT OF HOMELAND SECURITY


Designation of an Enhanced Driver's License and Identity Document 
Issued by the State of Washington as a Travel Document Under the 
Western Hemisphere Travel Initiative

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice.

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SUMMARY: This notice announces that the Secretary of Homeland Security 
is designating enhanced driver's licenses and identity documents (EDL) 
issued by the State of Washington as acceptable documents to denote 
identity and citizenship for purposes of entering the United States at 
land and sea ports of entry upon implementation of Section 7209 of the 
Intelligence Reform and Terrorism Prevention Act of 2004. U.S. citizens 
possessing these EDLs will be permitted to present the EDL as an 
acceptable document under the Western Hemisphere Travel Initiative when 
entering the United States from Canada and Mexico at land and sea ports 
of entry.

DATES: This designation will become effective on June 1, 2009.

FOR FURTHER INFORMATION CONTACT: Colleen Manaher, Western Hemisphere 
Travel Initiative, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229, 202-344-1220.

SUPPLEMENTARY INFORMATION:

Background

The Western Hemisphere Travel Initiative

    The Intelligence Reform and Terrorism Prevention Act of 2004 
(IRTPA), as amended, provides that upon implementation, U.S. citizens 
and Bermudian, Canadian and Mexican nationals will be required to 
present a passport or such alternative documents as the Secretary of 
Homeland Security (Secretary) designates as satisfactorily establishing 
identity and citizenship when entering the United States. In a final 
rule published concurrently in this issue of the Federal Register, the 
Department of Homeland Security (DHS) and Department of State (DOS) 
describe the second phase of a joint plan, known as the Western 
Hemisphere Travel Initiative (WHTI), to implement these new 
requirements. That final rule specifies the documents that U.S. 
citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico will 
be required to present when entering the United States at land and sea 
ports-of-entry from within the Western Hemisphere.
    As provided for in the WHTI final rule for land and sea, 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 (EDLs) designated by the Secretary pursuant to 
section 7209 of IRTPA, as amended. See 8 U.S.C. 1185 note. To this end, 
in the WHTI final rule for land and sea, a new regulatory provision, at 
8 CFR 235.1(d), provides:

    Upon the 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 Canadian citizens 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 the documents designated 
under this paragraph will also be made available to the public.

EDL Programs

    DHS is committed to working with the various U.S. States and the 
Government of Canada to facilitate the development of state and 
province issued EDLs as travel documents that denote identity and 
citizenship; therefore, satisfying section 7209 of IRTPA, as amended. 
The Secretary believes there is great promise in driver's licenses that 
are enhanced to satisfy WHTI requirements, namely denoting both 
identity and citizenship. To establish an EDL program, each State must 
enter into agreement with DHS to develop an acceptable EDL document. 
Each EDL program is specific to each entity based on specific factors 
such as the entity's level of interest, funding, technology, and other 
development and implementation factors. Based on the individual 
development of each EDL program, DHS will announce acceptable State and 
provincial EDL programs on an ongoing basis by publication in the 
Federal Register.
    To be acceptable, EDL documents must satisfy section 7209 by 
denoting identity and citizenship. Acceptable EDL documents must also 
have compatible technology, security criteria, and must respond to 
CBP's operational concerns. The EDL must include technologies that 
facilitate inspection at ports-of-entry. EDL documents must also be 
issued in a secure process and include technology that facilitates 
travel to satisfy WHTI requirements. DHS believes that the use of the 
EDL will have considerable facilitation benefits because CBP officers 
currently must inspect over 8,000 different types of documents issued 
by State and local entities when making admissibility determinations at 
land and seaports. Based on DHS testing and its experience with its 
trusted traveler programs, DHS expects that each application for 
admission will be more efficient and travelers will move through the 
primary inspection process more quickly with EDLs that will incorporate 
radio frequency identification (RFID) technology.
    DHS is coordinating efforts to ensure that a State enhanced 
driver's license developed to meet the requirements of WHTI, will also 
adopt standards that REAL ID requires, as they are defined through the 
REAL ID rulemaking process. DHS published the REAL ID final rule on 
January 29, 2008 setting minimum standards for state-issued driver's 
licenses and identifications cards that be accepted for official 
purposes in accordance with the REAL ID Act of 2005. See Public Law 
109-13, 119 Stat. 231, 302 (May 11, 2005) (codified at 49 U.S.C. 30301 
note).
    Although REAL ID-compliant licenses and identification cards can be 
issued to non-U.S. citizens upon verification of legal status in the 
United States, EDLs will only be issued to citizens of the United 
States or Canada by an authority in each individual's country. DHS will

[[Page 18422]]

continue to work closely with states to develop EDLs that meet both 
REAL ID and WHTI requirements.

Washington State EDLs

    The State of Washington has established a voluntary program to 
develop an enhanced driver's license and identification card that would 
denote identity and citizenship. On March 23, 2007, the Secretary of 
Homeland Security and the Governor of Washington signed 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. Under the terms of the 
agreement between DHS and Washington State, the EDL will only be issued 
to U.S. citizens. EDLs also may be issued as photo identification cards 
to non-drivers.
    The Secretary has determined that Washington State EDL documents 
will satisfy section 7209 by denoting identity and citizenship. The 
Washington State EDL documents will have compatible facilitative 
technology to meet CBP's operational needs. These documents contain 
vicinity RFID chips and machine readable zones that will facilitate 
processing for the holder. The EDL will also include physical security 
features that guard against tampering. Washington State has already 
begun issuing EDLs.
    This notice announces that the Secretary designates the EDL issued 
by the State of Washington, pursuant to the terms of the MOA executed 
between DHS and the State of Washington, as an acceptable document to 
denote identity and citizenship for purposes of entering the United 
States. Therefore, pursuant to 8 CFR 235.1(d), U.S. citizen holders of 
these Washington State 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 adjacent islands.

    Dated: March 26, 2008.
Michael Chertoff,
Secretary.
[FR Doc. E8-6819 Filed 4-2-08; 8:45 am]
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