Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 31057-31058 [2020-11154]
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Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Rules and Regulations
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
and Fairness Act of 1996, requires an
agency to prepare and make available to
the public an initial regulatory
flexibility analysis that describes the
effect of a proposed rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions) when the agency is
required to publish a general notice of
proposed rulemaking for a rule. Since a
general notice of proposed rulemaking
is not necessary for this rule, CBP is not
required to prepare an initial regulatory
flexibility analysis for this rule.
Signing Authority
This document is being issued in
accordance with 19 CFR 0.2(a), which
provides that the authority of the
Secretary of the Treasury with respect to
CBP regulations that are not related to
customs revenue functions was
transferred to the Secretary of Homeland
Security pursuant to Section 403(l) of
the Homeland Security Act of 2002.
Accordingly, this final rule to amend
such regulations may be signed by the
Secretary of Homeland Security (or his
or her delegate).
List of Subjects in 19 CFR Part 103
Administrative practice and
procedure, Confidential business
information, Courts, Freedom of
information, Law enforcement, Privacy,
Reporting and recordkeeping
requirements.
Amendments to the Regulations
For the reasons set forth above, part
103 of the CBP regulations (19 CFR part
103) is amended as set forth below.
PART 103—AVAILABILITY OF
INFORMATION
1. The authority citation for part 103
continues to read in part as follows:
■
Authority: 5 U.S.C. 301, 552, 552a; 19
U.S.C. 66, 1624; 31 U.S.C. 9701.
Section 103.31 also issued under 19 U.S.C.
1431;
*
*
§ 103.0
*
*
*
[Amended]
2. Section 103.0 is amended by
removing the phrase ‘‘Except for 19 CFR
103.35, the’’ and adding, in its place, the
word ‘‘The’’.
■
§ 103.2
[Amended]
3. Section 103.2 is amended by:
a. Removing from paragraph (a) the
words ‘‘except as provided in paragraph
(b) of this section,’’;
16:08 May 21, 2020
DEPARTMENT OF HOMELAND
SECURITY
4. Section 103.31 is amended by
removing the word ‘‘Customs’’ and
adding, in its place, the term ‘‘CBP’’ in
paragraphs (a)(3), (b), and (c) and
revising paragraphs (d)(1)(iii) and (iv)
and (d)(2)(iii) to read as follows:
19 CFR Chapter I
■
§ 103.31 Information on vessel manifests
and summary statistical reports.
*
*
*
*
*
(d) * * *
(1) * * *
(iii) The certification must be
submitted to the Vessel Manifest
Program Manager, Office of Trade (Mail
Stop 1354), U.S. Customs and Border
Protection, 1801 N Beauregard Street,
Alexandria, VA 22311; or submitted
electronically via an email transmission
at vesselmanifestconfidentiality@
cbp.dhs.gov or via the Vessel Manifest
Confidentiality Online Application on
CBP’s public website, www.CBP.gov.
(iv) Each initial certification will be
valid for a period of two years from the
date of receipt. Renewal certifications
should be submitted to the Vessel
Manifest Program Manager at least 60
days prior to the expiration of the
current certification. Information so
certified may be copied, but not
published, by the press during the
effective period of the certification. An
importer or consignee shall be given
written notification by CBP of the
receipt of its certification of
confidentiality.
(2) * * *
(iii) The certification must be
submitted to the Vessel Manifest
Program Manager, Office of Trade (Mail
Stop 1354), U.S. Customs and Border
Protection, 1801 N Beauregard Street,
Alexandria, VA 22311; or submitted
electronically via an email transmission
at vesselmanifestconfidentiality@
cbp.dhs.gov or via the Vessel Manifest
Confidentiality Online Application on
the CBP’s public website, www.CBP.gov.
*
*
*
*
*
Dated: May 14, 2020.
Mark A. Morgan,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2020–10802 Filed 5–21–20; 8:45 am]
■
■
VerDate Sep<11>2014
b. Removing the paragraph
designation ‘‘(a)’’ and the paragraph
heading; and
■ c. Removing paragraph (b).
■
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31057
U.S. Customs and Border Protection
Notification of Temporary Travel
Restrictions Applicable to Land Ports
of Entry and Ferries Service Between
the United States and Mexico
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
ACTION: Notification of continuation of
temporary travel restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security (Secretary) to continue to
temporarily limit the travel of
individuals from Mexico into the United
States at land ports of entry along the
United States-Mexico border. Such
travel will be limited to ‘‘essential
travel,’’ as further defined in this
document.
SUMMARY:
These restrictions go into effect
at 12 a.m. Eastern Daylight Time (EDT)
on May 21, 2020 and will remain in
effect until 11:59 p.m. EDT on June 22,
2020.
FOR FURTHER INFORMATION CONTACT:
Alyce Modesto, Office of Field
Operations, U.S. Customs and Border
Protection (CBP) at 202–344–3788.
SUPPLEMENTARY INFORMATION:
DATES:
Background
On March 24, 2020, DHS published
notice of the Secretary’s decision to
temporarily limit the travel of
individuals from Mexico into the United
States at land ports of entry along the
United States-Mexico border to
‘‘essential travel,’’ as further defined in
that document.1 The document
described the developing circumstances
regarding the COVID–19 pandemic and
stated that, given the outbreak and
continued transmission and spread of
COVID–19 within the United States and
globally, the Secretary had determined
that the risk of continued transmission
and spread of COVID–19 between the
United States and Mexico posed a
‘‘specific threat to human life or
national interests.’’ The Secretary later
published a notification continuing
1 85 FR 16547 (Mar. 24, 2020). That same day,
DHS also published notice of the Secretary’s
decision to temporarily limit the travel of
individuals from Canada into the United States at
land ports of entry along the United States-Canada
border to ‘‘essential travel,’’ as further defined in
that document. 85 FR 16548 (Mar. 24, 2020).
E:\FR\FM\22MYR1.SGM
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Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Rules and Regulations
such limitations on travel until 11:59
p.m. EDT on May 20, 2020.2
The Secretary has continued to
monitor and respond to the COVID–19
pandemic. As of May 18, there are over
4.6 million confirmed cases globally,
with over 310,000 confirmed deaths.3
There are over 1.4 million confirmed
and probable cases within the United
States,4 over 47,000 confirmed cases in
Mexico,5 and over 76,000 confirmed
cases in Canada.6
Notice of Action
Given the outbreak and continued
transmission and spread of COVID–19
within the United States and globally,
the Secretary has determined that the
risk of continued transmission and
spread of COVID–19 between the United
States and Mexico poses an ongoing
‘‘specific threat to human life or
national interests.’’
U.S. and Mexican officials have
mutually determined that non-essential
travel between the United States and
Mexico poses additional risk of
transmission and spread of COVID–19
and places the populace of both nations
at increased risk of contracting COVID–
19. Moreover, given the sustained
human-to-human transmission of the
virus, returning to previous levels of
travel between the two nations places
the personnel staffing land ports of
entry between the United States and
Mexico, as well as the individuals
traveling through these ports of entry, at
increased risk of exposure to COVID–19.
Accordingly, and consistent with the
authority granted in 19 U.S.C.
1318(b)(1)(C) and (b)(2),7 I have
2 85 FR 22353 (Apr. 22, 2020). That same day,
DHS also published notice of the Secretary’s
decision to continue temporarily limiting the travel
of individuals from Canada into the United States
at land ports of entry along the United StatesCanada border to ‘‘essential travel,’’ as further
defined in that document. 85 FR 22352 (Apr. 22,
2020).
3 WHO, Coronavirus disease 2019 (COVID–19)
Situation Report—119 (May 18, 2020), available at
https://www.who.int/docs/default-source/
coronaviruse/situation-reports/20200518-covid-19sitrep-119.pdf?sfvrsn=4bd9de25_4.
4 CDC, Cases of COVID–19 in the U.S. (last
updated May 18, 2020), available at https://
www.cdc.gov/coronavirus/2019-ncov/casesupdates/cases-in-us.html.
5 WHO, Coronavirus disease 2019 (COVID–19)
Situation Report—119 (May 18, 2020).
6 Id.
7 19 U.S.C. 1318(b)(1)(C) provides that
‘‘[n]otwithstanding any other provision of law, the
Secretary of the Treasury, when necessary to
respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.)
or to a specific threat to human life or national
interests,’’ is authorized to ‘‘[t]ake any . . . action
that may be necessary to respond directly to the
national emergency or specific threat.’’ On March
VerDate Sep<11>2014
16:08 May 21, 2020
Jkt 250001
determined that land ports of entry
along the U.S.-Mexico border will
continue to suspend normal operations
and will only allow processing for entry
into the United States of those travelers
engaged in ‘‘essential travel,’’ as defined
below. Given the definition of ‘‘essential
travel’’ below, this temporary alteration
in land ports of entry operations should
not interrupt legitimate trade between
the two nations or disrupt critical
supply chains that ensure food, fuel,
medicine, and other critical materials
reach individuals on both sides of the
border.
For purposes of the temporary
alteration in certain designated ports of
entry operations authorized under 19
U.S.C. 1318(b)(1)(C) and (b)(2), travel
through the land ports of entry and ferry
terminals along the United StatesMexico border shall be limited to
‘‘essential travel,’’ which includes, but
is not limited to—
• U.S. citizens and lawful permanent
residents returning to the United States;
• Individuals traveling for medical
purposes (e.g., to receive medical
treatment in the United States);
• Individuals traveling to attend
educational institutions;
• Individuals traveling to work in the
United States (e.g., individuals working
in the farming or agriculture industry
who must travel between the United
States and Mexico in furtherance of
such work);
• Individuals traveling for emergency
response and public health purposes
(e.g., government officials or emergency
responders entering the United States to
support federal, state, local, tribal, or
territorial government efforts to respond
to COVID–19 or other emergencies);
• Individuals engaged in lawful crossborder trade (e.g., truck drivers
1, 2003, certain functions of the Secretary of the
Treasury were transferred to the Secretary of
Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ‘‘related to
Customs revenue functions’’ were reserved to the
Secretary of the Treasury. To the extent that any
authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated
to the Secretary of Homeland Security. See Treas.
Dep’t Order No. 100–16 (May 15, 2003), 68 FR
28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ‘‘[n]otwithstanding any
other provision of law, the Commissioner of U.S.
Customs and Border Protection, when necessary to
respond to a specific threat to human life or
national interests, is authorized to close temporarily
any Customs office or port of entry or take any other
lesser action that may be necessary to respond to
the specific threat.’’ Congress has vested in the
Secretary of Homeland Security the ‘‘functions of
all officers, employees, and organizational units of
the Department,’’ including the Commissioner of
CBP. 6 U.S.C. 112(a)(3).
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supporting the movement of cargo
between the United States and Mexico);
• Individuals engaged in official
government travel or diplomatic travel;
• Members of the U.S. Armed Forces,
and the spouses and children of
members of the U.S. Armed Forces,
returning to the United States; and
• Individuals engaged in militaryrelated travel or operations.
The following travel does not fall
within the definition of ‘‘essential
travel’’ for purposes of this
Notification—
• Individuals traveling for tourism
purposes (e.g., sightseeing, recreation,
gambling, or attending cultural events).
At this time, this Notification does not
apply to air, freight rail, or sea travel
between the United States and Mexico,
but does apply to passenger rail,
passenger ferry travel, and pleasure boat
travel between the United States and
Mexico. These restrictions are
temporary in nature and shall remain in
effect until 11:59 p.m. EDT on June 22,
2020. This Notification may be amended
or rescinded prior to that time, based on
circumstances associated with the
specific threat.
The Commissioner of U.S. Customs
and Border Protection (CBP) is hereby
directed to prepare and distribute
appropriate guidance to CBP personnel
on the continued implementation of the
temporary measures set forth in this
Notification. The CBP Commissioner
may determine that other forms of
travel, such as travel in furtherance of
economic stability or social order,
constitute ‘‘essential travel’’ under this
Notification. Further, the CBP
Commissioner may, on an
individualized basis and for
humanitarian reasons or for other
purposes in the national interest, permit
the processing of travelers to the United
States not engaged in ‘‘essential travel.’’
The Acting Secretary of Homeland
Security, Chad F. Wolf, having reviewed
and approved this document, is
delegating the authority to electronically
sign this document to Chad R. Mizelle,
who is the Senior Official Performing
the Duties of the General Counsel for
DHS, for purposes of publication in the
Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel, U.S. Department of
Homeland Security.
[FR Doc. 2020–11154 Filed 5–20–20; 4:15 pm]
BILLING CODE 9112–FP–P
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]]>Agencies
[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Rules and Regulations]
[Pages 31057-31058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11154]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel Restrictions Applicable to Land
Ports of Entry and Ferries Service Between the United States and Mexico
AGENCY: Office of the Secretary, U.S. Department of Homeland Security;
U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Notification of continuation of temporary travel restrictions.
-----------------------------------------------------------------------
SUMMARY: This document announces the decision of the Secretary of
Homeland Security (Secretary) to continue to temporarily limit the
travel of individuals from Mexico into the United States at land ports
of entry along the United States-Mexico border. Such travel will be
limited to ``essential travel,'' as further defined in this document.
DATES: These restrictions go into effect at 12 a.m. Eastern Daylight
Time (EDT) on May 21, 2020 and will remain in effect until 11:59 p.m.
EDT on June 22, 2020.
FOR FURTHER INFORMATION CONTACT: Alyce Modesto, Office of Field
Operations, U.S. Customs and Border Protection (CBP) at 202-344-3788.
SUPPLEMENTARY INFORMATION:
Background
On March 24, 2020, DHS published notice of the Secretary's decision
to temporarily limit the travel of individuals from Mexico into the
United States at land ports of entry along the United States-Mexico
border to ``essential travel,'' as further defined in that document.\1\
The document described the developing circumstances regarding the
COVID-19 pandemic and stated that, given the outbreak and continued
transmission and spread of COVID-19 within the United States and
globally, the Secretary had determined that the risk of continued
transmission and spread of COVID-19 between the United States and
Mexico posed a ``specific threat to human life or national interests.''
The Secretary later published a notification continuing
[[Page 31058]]
such limitations on travel until 11:59 p.m. EDT on May 20, 2020.\2\
---------------------------------------------------------------------------
\1\ 85 FR 16547 (Mar. 24, 2020). That same day, DHS also
published notice of the Secretary's decision to temporarily limit
the travel of individuals from Canada into the United States at land
ports of entry along the United States-Canada border to ``essential
travel,'' as further defined in that document. 85 FR 16548 (Mar. 24,
2020).
\2\ 85 FR 22353 (Apr. 22, 2020). That same day, DHS also
published notice of the Secretary's decision to continue temporarily
limiting the travel of individuals from Canada into the United
States at land ports of entry along the United States-Canada border
to ``essential travel,'' as further defined in that document. 85 FR
22352 (Apr. 22, 2020).
---------------------------------------------------------------------------
The Secretary has continued to monitor and respond to the COVID-19
pandemic. As of May 18, there are over 4.6 million confirmed cases
globally, with over 310,000 confirmed deaths.\3\ There are over 1.4
million confirmed and probable cases within the United States,\4\ over
47,000 confirmed cases in Mexico,\5\ and over 76,000 confirmed cases in
Canada.\6\
---------------------------------------------------------------------------
\3\ WHO, Coronavirus disease 2019 (COVID-19) Situation Report--
119 (May 18, 2020), available at https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200518-covid-19-sitrep-119.pdf?sfvrsn=4bd9de25_4.
\4\ CDC, Cases of COVID-19 in the U.S. (last updated May 18,
2020), available at https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html.
\5\ WHO, Coronavirus disease 2019 (COVID-19) Situation Report--
119 (May 18, 2020).
\6\ Id.
---------------------------------------------------------------------------
Notice of Action
Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, the Secretary has determined
that the risk of continued transmission and spread of COVID-19 between
the United States and Mexico poses an ongoing ``specific threat to
human life or national interests.''
U.S. and Mexican officials have mutually determined that non-
essential travel between the United States and Mexico poses additional
risk of transmission and spread of COVID-19 and places the populace of
both nations at increased risk of contracting COVID-19. Moreover, given
the sustained human-to-human transmission of the virus, returning to
previous levels of travel between the two nations places the personnel
staffing land ports of entry between the United States and Mexico, as
well as the individuals traveling through these ports of entry, at
increased risk of exposure to COVID-19. Accordingly, and consistent
with the authority granted in 19 U.S.C. 1318(b)(1)(C) and (b)(2),\7\ I
have determined that land ports of entry along the U.S.-Mexico border
will continue to suspend normal operations and will only allow
processing for entry into the United States of those travelers engaged
in ``essential travel,'' as defined below. Given the definition of
``essential travel'' below, this temporary alteration in land ports of
entry operations should not interrupt legitimate trade between the two
nations or disrupt critical supply chains that ensure food, fuel,
medicine, and other critical materials reach individuals on both sides
of the border.
---------------------------------------------------------------------------
\7\ 19 U.S.C. 1318(b)(1)(C) provides that ``[n]otwithstanding
any other provision of law, the Secretary of the Treasury, when
necessary to respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific
threat to human life or national interests,'' is authorized to
``[t]ake any . . . action that may be necessary to respond directly
to the national emergency or specific threat.'' On March 1, 2003,
certain functions of the Secretary of the Treasury were transferred
to the Secretary of Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ``related to Customs revenue
functions'' were reserved to the Secretary of the Treasury. To the
extent that any authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated to the
Secretary of Homeland Security. See Treas. Dep't Order No. 100-16
(May 15, 2003), 68 FR 28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ``[n]otwithstanding any other provision of
law, the Commissioner of U.S. Customs and Border Protection, when
necessary to respond to a specific threat to human life or national
interests, is authorized to close temporarily any Customs office or
port of entry or take any other lesser action that may be necessary
to respond to the specific threat.'' Congress has vested in the
Secretary of Homeland Security the ``functions of all officers,
employees, and organizational units of the Department,'' including
the Commissioner of CBP. 6 U.S.C. 112(a)(3).
---------------------------------------------------------------------------
For purposes of the temporary alteration in certain designated
ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and
(b)(2), travel through the land ports of entry and ferry terminals
along the United States-Mexico border shall be limited to ``essential
travel,'' which includes, but is not limited to--
U.S. citizens and lawful permanent residents returning to
the United States;
Individuals traveling for medical purposes (e.g., to
receive medical treatment in the United States);
Individuals traveling to attend educational institutions;
Individuals traveling to work in the United States (e.g.,
individuals working in the farming or agriculture industry who must
travel between the United States and Mexico in furtherance of such
work);
Individuals traveling for emergency response and public
health purposes (e.g., government officials or emergency responders
entering the United States to support federal, state, local, tribal, or
territorial government efforts to respond to COVID-19 or other
emergencies);
Individuals engaged in lawful cross-border trade (e.g.,
truck drivers supporting the movement of cargo between the United
States and Mexico);
Individuals engaged in official government travel or
diplomatic travel;
Members of the U.S. Armed Forces, and the spouses and
children of members of the U.S. Armed Forces, returning to the United
States; and
Individuals engaged in military-related travel or
operations.
The following travel does not fall within the definition of
``essential travel'' for purposes of this Notification--
Individuals traveling for tourism purposes (e.g.,
sightseeing, recreation, gambling, or attending cultural events).
At this time, this Notification does not apply to air, freight
rail, or sea travel between the United States and Mexico, but does
apply to passenger rail, passenger ferry travel, and pleasure boat
travel between the United States and Mexico. These restrictions are
temporary in nature and shall remain in effect until 11:59 p.m. EDT on
June 22, 2020. This Notification may be amended or rescinded prior to
that time, based on circumstances associated with the specific threat.
The Commissioner of U.S. Customs and Border Protection (CBP) is
hereby directed to prepare and distribute appropriate guidance to CBP
personnel on the continued implementation of the temporary measures set
forth in this Notification. The CBP Commissioner may determine that
other forms of travel, such as travel in furtherance of economic
stability or social order, constitute ``essential travel'' under this
Notification. Further, the CBP Commissioner may, on an individualized
basis and for humanitarian reasons or for other purposes in the
national interest, permit the processing of travelers to the United
States not engaged in ``essential travel.''
The Acting Secretary of Homeland Security, Chad F. Wolf, having
reviewed and approved this document, is delegating the authority to
electronically sign this document to Chad R. Mizelle, who is the Senior
Official Performing the Duties of the General Counsel for DHS, for
purposes of publication in the Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S.
Department of Homeland Security.
[FR Doc. 2020-11154 Filed 5-20-20; 4:15 pm]
BILLING CODE 9112-FP-P
