Document

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

The ‘‘enhanced driver’s license or identification

document’’ may be in one of two forms, as decided

by the issuing authority, provided that the

document (card) denotes identity and citizenship

and meets technical requirements: (1) An enhanced

driver’s license or (2) an enhanced identity card.

The designation ‘‘EDL’’ covers both documents.

For a province of Canada, the agreement will be

between DHS/CBP and the Canada Border Services

Agency working with and representing the

province.

DEPARTMENT OF HOMELAND

SECURITY

U.S. Customs and Border Protection

8 CFR Part 235

[CBP Dec. 09–18]

Western Hemisphere Travel Initiative:

Designation of Enhanced Driver’s

Licenses and Identity Documents

Issued by the States of Vermont and

Michigan and the Provinces of Quebec,

Manitoba, British Columbia, and

Ontario as Acceptable Documents To

Denote Identity and Citizenship

AGENCY

: U.S. Customs and Border

Protection, Department of Homeland

Security.

ACTION

: Notice.

SUMMARY

: This document announces

that the Commissioner of U.S. Customs

and Border Protection is designating

enhanced driver’s licenses and

identification documents issued by the

States of Vermont and Michigan and the

Canadian Provinces of Quebec,

Manitoba, British Columbia, and

Ontario as acceptable documents for

purposes of the Western Hemisphere

Travel Initiative. These documents may

be used to denote identity and

citizenship of, as appropriate, U.S. or

Canadian citizens entering the United

States from within the Western

Hemisphere at land and sea ports of

entry.

DATES

: This designation is 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), Public Law 108–458, 118 Stat.

3638 (Dec. 17, 2004), as amended,

provides that upon full 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. See 8 U.S.C. 1185

note. On April 3, 2008, the Department

of Homeland Security (DHS) and the

Department of State (DOS) promulgated

a joint final rule, effective on June 1,

2009, that implements the Western

Hemisphere Travel Initiative (WHTI) at

U.S. land and sea ports of entry. See 73

FR 18384 (the land and sea final rule).

The land and sea 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

(which includes contiguous territories

and adjacent islands of the United

States).

Under the land and sea final rule, one

type of citizenship and identity

document that U.S. or Canadian citizens

may present upon entry to the United

States is an enhanced driver’s license or

identification document

(EDL)

designated as an acceptable document

to denote identity and citizenship by the

Secretary, pursuant to section 7209 of

IRTPA, as amended. Section 235.1(d) of

title 8 of the Code of Federal

Regulations (CFR), as amended by the

WHTI land and sea final rule, states:

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

Canadians 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 designated

documents will also be made available to the

public.

EDL Programs

DHS is committed to working with

the various States of the United States

and the Government of Canada to

facilitate the development of State and

province-issued EDLs as travel

documents that denote identity and

citizenship. To establish an EDL

program, each State or province

must

enter into an agreement with DHS or

U.S. Customs and Border Protection

(CBP) to develop an acceptable EDL

document. Each EDL program is specific

to each State or province based on

specific factors, such as the State’s or

province’s funding, technology, and

other developments and

implementation factors. Acceptable EDL

documents must have compatible

technology and security criteria, and

must respond to CBP’s operational

concerns. The EDL must include

technologies that facilitate inspection at

ports of entry. EDL documents also must

be issued via a secure process and

include technology that facilitates travel

to satisfy WHTI requirements.

On an ongoing basis, DHS will

announce, by publication of a notice in

the Federal Register, that a State’s and/

or province’s EDL has been designated

as a WHTI-compliant document for

purposes of entering the United States

by land or sea from within the Western

Hemisphere. (See the designations at 73

FR 18421 (April 3, 2008) for EDLs

issued by the State of Washington and

at 73 FR 73343 (December 2, 2008) for

EDLs issued by the State of New York.)

DHS will make available to the public

a list of the documents designated as

WHTI compliant. A list of States and

provinces that issue EDLs is available at

http://www.getyouhome.gov. The

Secretary delegated to the

Commissioner of 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 State-specific

enhanced driver’s licenses and identity

documents and Canadian province-

specific enhanced driver’s licenses and

identity documents.

Vermont EDL Program

Vermont has established a voluntary

program to develop enhanced driver’s

licenses and identification cards (EDLs)

that would denote identity and U.S.

citizenship. On September 26, 2007,

DHS and the State of Vermont signed a

Memorandum of Agreement (MOA) to

develop, issue, test, and evaluate EDLs

with facilitative technology to be used

for border crossing purposes. On

February 15, 2008, CBP approved the

plan outlining the business process for

the implementation of the Vermont EDL

program. Under the terms of this MOA

and business plan, Vermont EDLs will

be issued only to Vermont residents that

can establish both identity and U.S.

citizenship.

Following successful field and

technical testing, the Commissioner of

CBP has determined that the EDLs

issued by the State of Vermont

according to the terms of the above

agreement and business plan meet the

requirements of section 7209 of the

IRTPA and are acceptable documents to

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

denote identity and U.S. citizenship for

purposes of entering the United States at

land and sea ports of entry from within

the Western Hemisphere under the final

rule.

Michigan EDL Program

Michigan has established a voluntary

program to develop enhanced driver’s

licenses and identification cards (EDLs)

that would denote identity and U.S.

citizenship. On October 13, 2008, DHS

and the State of Michigan signed a

Memorandum of Agreement (MOA) to

develop, issue, test, and evaluate EDLs

with facilitative technology to be used

for border crossing purposes. On the

same date, CBP and the State of

Michigan reached agreement on the

plan outlining the business process for

the implementation of the Michigan

EDL program. Under the terms of this

MOA and business plan, Michigan EDLs

will be issued only to Michigan

residents that can establish both identity

and U.S. citizenship.

Following successful field and

technical testing, the Commissioner of

CBP has determined that the EDLs

issued by the State of Michigan

according to the terms of the above

agreement and business plan meet the

requirements of section 7209 of the

IRTPA and are acceptable documents to

denote identity and U.S. citizenship for

purposes of entering the United States at

land and sea ports of entry from within

the Western Hemisphere under the final

rule.

Quebec EDL Program

The Province of Quebec has

established a voluntary program to

develop an enhanced driver’s license

that would denote identity and

Canadian citizenship. On April 1, 2008,

CBP and the Canada Border Services

Agency (CBSA) entered into a

Memorandum of Understanding

Regarding the Use, Disclosure and

Storage of Canadian Enhanced Driver’s

License Information relating to CBP’s

access to EDL information for

documents, including the Quebec EDL

for border crossing purposes. On

January 16, 2009, following negotiations

between CBP and the Canadian and

Quebec governments in November 2008,

the CBSA and Citizenship and

Immigration Canada transmitted to CBP

the Province of Quebec’s official

business plan outlining the approach

and process by which the Socie

l’assurance automobile du Que

bec

(SAAQ) will make available enhanced

driver’s licenses and identification cards

to qualified Canadian citizens residing

in the Province of Quebec. On February

2, 2009, CBP determined that,

contingent upon successful technical

testing, SAAQ Driver’s Licenses Plus

produced in accordance with the

Province of Quebec’s business plan

were anticipated to be designated as

documents denoting identity and

Canadian citizenship for purposes of

entering the United States by land or

sea.

Following successful field and

technical testing, the Commissioner of

CBP has determined that Driver’s

Licenses Plus issued by the Province of

Quebec according to the terms of the

business plan approved by CBP meet

the requirements of section 7209 of the

IRTPA and are acceptable documents to

denote identity and Canadian

citizenship for purposes of entering the

United States at land and sea ports of

entry from within the Western

Hemisphere under the final rule.

Manitoba EDL Program

The Province of Manitoba has

established a voluntary program to

develop enhanced driver’s licenses and

identification cards (EDLs) that would

denote identity and Canadian

citizenship. On April 1, 2008, CBP and

the CBSA entered into a Memorandum

of Understanding Regarding the Use,

Disclosure and Storage of Canadian

Enhanced Driver’s License Information

relating to CBP’s access to EDL

information for documents, including

the Manitoba EDL for border crossing

purposes. On June 12, 2008, following

negotiations between CBP and the

Canadian and Manitoba governments,

the CBSA and Citizenship and

Immigration Canada transmitted to CBP

the Province of Manitoba’s official

business plan outlining the approach

and process by which Manitoba will

make available EDLs to qualified

Canadian citizens residing in the

Province of Manitoba. On July 3, 2008,

CBP determined that, contingent upon

successful technical testing, Manitoba

EDLs produced in accordance with the

Province of Manitoba’s business plan

were anticipated to be designated as

documents denoting identity and

Canadian citizenship for purposes of

entering the United States by land or

sea.

Following successful field and

technical testing, the Commissioner of

CBP has determined that the EDLs

issued by the Province of Manitoba

according to the terms of the business

plan approved by CBP meet the

requirements of section 7209 of the

IRTPA and are acceptable documents to

denote identity and Canadian

citizenship for purposes of entering the

United States at land and sea ports of

entry from within the Western

Hemisphere under the final rule.

British Columbia EDL Program

The Province of British Columbia has

established a voluntary program to

develop enhanced driver’s licenses and

identification cards (EDLs) that would

denote identity and Canadian

citizenship. On April 1, 2008, CBP and

the CBSA entered into a Memorandum

of Understanding Regarding the Use,

Disclosure and Storage of Canadian

Enhanced Driver’s License Information

relating to CBP’s access to EDL

information for documents, including

the British Columbia EDL for border

crossing purposes. On April 9, 2009,

following negotiations between CBP and

the Canadian and British Columbia

governments, the CBSA and Citizenship

and Immigration Canada transmitted to

CBP the Province of British Columbia’s

official business plan outlining the

approach and process by which British

Columbia will make available EDLs to

qualified Canadian citizens residing in

the Province of British Columbia. On

April 16, 2009, CBP determined that,

contingent upon successful technical

testing, British Columbia’s EDLs

produced in accordance with the

province’s business plan were

anticipated to be designated as

documents denoting identity and

Canadian citizenship for purposes of

entering the United States by land or

sea.

Following successful field and

technical testing, the Commissioner of

CBP has determined that the EDLs

issued by the Province of British

Columbia according to the terms of the

business plan approved by CBP meet

the requirements of section 7209 of the

IRTPA and are acceptable documents to

denote identity and Canadian

citizenship for purposes of entering the

United States at land and sea ports of

entry from within the Western

Hemisphere under the final rule.

Ontario EDL Program

The Province of Ontario has

established a voluntary program to

develop enhanced driver’s licenses and

identification cards (EDLs). On April 1,

2008, CBP and CBSA entered into a

Memorandum of Understanding

Regarding the Use, Disclosure and

Storage of Canadian Enhanced Driver’s

License Information relating to CBP’s

access to EDL information for

documents, including the Ontario EDL

for border crossing purposes. On May 6,

2009, following negotiations between

the parties, CBSA transmitted to CBP

the Province of Ontario’s official

business plan outlining the approach

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25620

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

Section 19(b)(1)(A) defines ‘‘depository

institution’’ as ‘‘(i) any insured bank as defined in

section 3 of the Federal Deposit Insurance Act or

any bank which is eligible to make application to

become an insured bank under section 5 of such

Act; (ii) any mutual savings bank as defined in

section 3 of the Federal Deposit Insurance Act or

any bank which is eligible to make application to

become an insured bank under section 5 of such

Act; (iii) any savings bank as defined in section 3

of the Federal Deposit Insurance Act or any bank

which is eligible to make application to become an

insured bank under section 5 of such Act; (iv) any

insured credit union as defined in section 101 of

the Federal Credit Union Act or any credit union

which is eligible to make application to become an

insured credit union pursuant to section 201 of

such Act; (v) any member as defined in section 2

of the Federal Home Loan Bank Act; [and] (vi) any

savings association (as defined in section 3 of the

Federal Deposit Insurance Act) which is an insured

depository institution (as defined in such Act) or is

eligible to apply to become an insured depository

institution under the Federal Deposit Insurance

Act.’’ 12 U.S.C. 461(b)(1)(A).

Federal Reserve Act section 19(b)(12)(C), 12

U.S.C. 461(b)(12)(C).

Federal Reserve Act section 19(b)(12), 12 U.S.C.

461(b)(12).

12 CFR 204.5(a)(1) (formerly 12 CFR

204.3(b)(1)).

The 2006 Act amended section 19 of the Act to

authorize member banks to enter into pass-through

account arrangements. Prior to the 2006 Act, only

nonmember banks were authorized to enter into

such arrangements. As published in today’s Federal

and process by which Ontario will make

available EDLs to qualified Canadian

citizens residing in the Province of

Ontario. On May 11, 2009, CBP

determined that, contingent upon

successful technical testing, Ontario

EDL’s produced in accordance with the

Province of Ontario’s business plan

were anticipated to be designated as

documents denoting identity and

Canadian citizenship for purposes of

entering the United States by land or

sea.

Following successful field and

technical testing, the Commissioner of

CBP has determined that the EDLs

issued by the Province of Ontario

according to the terms of the business

plan approved by CBP meet the

requirements of section 7209 of the

IRTPA and are acceptable documents to

denote identity and Canadian

citizenship for purposes of entering the

United States at land and sea ports of

entry from within the Western

Hemisphere under the final rule.

Designation

This notice announces that the

Commissioner of CBP has designated

the EDLs issued by the States of

Vermont and Michigan and the

Provinces of Quebec, Manitoba, British

Columbia, and Ontario as acceptable

documents to denote identity and

citizenship for purposes of entering the

United States at land and sea ports of

entry from within the Western

Hemisphere, pursuant to section 7209 of

IRTPA and the final rule, 8 CFR 235.1(d)

Dated: May 20, 2009.

Jayson P. Ahern,

Acting Commissioner, Customs and Border

Protection.

[FR Doc. E9–12513 Filed 5–28–09; 8:45 am]

BILLING CODE 9111–14–P

FEDERAL RESERVE SYSTEM

12 CFR Part 204

[Regulation D; Docket Nos. R–1334 and

R–1350]

Reserve Requirements for Depository

Institutions

AGENCY

: Board of Governors of the

Federal Reserve System.

ACTION

: Final rule.

SUMMARY

: The Board is adopting, with

certain revisions, its interim final rule

that amended Regulation D (Reserve

Requirements of Depository Institutions)

to direct Federal Reserve Banks to pay

interest on certain balances held at

Federal Reserve Banks by or on behalf

of certain depository institutions. The

Board is also amending Regulation D to

authorize the establishment of limited-

purpose accounts, called ‘‘excess

balance accounts,’’ at Federal Reserve

Banks for the maintenance of excess

balances of eligible institutions. These

excess balance accounts are intended to

permit eligible institutions to earn

interest on their excess balances without

significantly disrupting established

business relationships with their

correspondents.

DATES

: This final rule is effective July 2,

2009.

FOR FURTHER INFORMATION CONTACT

Sophia H. Allison, Senior Counsel (202/

452–3565), or Dena L. Milligan,

Attorney (202/452–3900), Legal

Division, or Seth Carpenter, Deputy

Associate Director (202/452–2385), or

Margaret Gillis DeBoer, Section Chief

(202/452–3139), Division of Monetary

Affairs; for information with respect to

the clearing balance policy and float

calculations, contact Jonathan Mueller,

Senior Financial Analyst (202/530–

6291), Division of Reserve Bank

Operations and Payment Systems; for

users of Telecommunications Device for

the Deaf (TDD) only, contact 202/263–

4869; Board of Governors of the Federal

Reserve System, 20th and C Streets,

NW., Washington, DC 20551.

SUPPLEMENTARY INFORMATION

I. Interest on Balances at Federal

Reserve Banks

A. Background

For monetary policy purposes, section

19 of the Federal Reserve Act (‘‘the

Act’’) imposes reserve requirements on

certain types of deposits and other

liabilities of depository institutions.

Title II of the Financial Services

Regulatory Relief Act of 2006 (the ‘‘2006

Act’’) (Pub. L. 109–351, 120 Stat. 1966

(Oct. 13, 2006)) amended section 19 of

the Act by authorizing the Federal

Reserve Banks (‘‘Reserve Banks’’) to pay

earnings on balances maintained at the

Reserve Banks by or on behalf of certain

depository institutions. The original

effective date of this authority was

October 1, 2011. Section 128 of the

Emergency Economic Stabilization Act

of 2008 (the ‘‘2008 Act’’) (Pub. L. 110–

343, 122 Stat. 3765 (Oct. 3, 2008))

accelerated the effective date of this

authority to October 1, 2008.

Section 19 of the Act now provides

that Reserve Banks may pay earnings on

balances held at the Reserve Banks by

or on behalf of certain depository

institutions at least once each quarter at

a rate not to exceed the general level of

short-term interest rates. Depository

institutions that are eligible to receive

earnings on their balances held at

Reserve Banks include the institutions

described in section 19(b)(1)(A) of the

Act

and ‘‘any trust company,

corporation organized under section

25A or having an agreement with the

Board under section 25, or any branch

or agency of a foreign bank (as defined

in section 1(b) of the International

Banking Act of 1978).’’

The Act also

provides that the Board may prescribe

regulations concerning the payment of

earnings, the distribution of earnings to

the depository institutions that maintain

balances or on whose behalf balances

are maintained, and ‘‘the

responsibilities of depository

institutions, Federal Home Loan Banks,

and the National Credit Union

Administration Central Liquidity

Facility with respect to the crediting

and distribution of earnings attributable

to balances maintained * * * in a

Federal Reserve bank by any such entity

on behalf of depository institutions.’’

Regulation D, which implements the

provisions of section 19 of the Act, also

provides that a depository institution

must maintain its required reserves in

the form of cash in its vault, or if vault

cash is insufficient, in the form of a

balance in an account at a Reserve

Bank.

A depository institution may

maintain balances at a Reserve Bank in

an account in its own name, or it may

choose another institution as its ‘‘pass-

through correspondent.’’

Under a

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