Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 74604-74606 [2020-25866]
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74604
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations
risk of continued transmission and
spread of the virus associated with
COVID–19 between the United States
and Canada poses an ongoing ‘‘specific
threat to human life or national
interests.’’
U.S. and Canadian officials have
mutually determined that non-essential
travel between the United States and
Canada poses additional risk of
transmission and spread of the virus
associated with COVID–19 and places
the populace of both nations at
increased risk of contracting the virus
associated with 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 Canada, as well as the
individuals traveling through these
ports of entry, at increased risk of
exposure to the virus associated with
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.-Canada 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
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).
VerDate Sep<11>2014
17:19 Nov 20, 2020
Jkt 253001
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 StatesCanada 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 Canada 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
supporting the movement of cargo
between the United States and Canada);
• 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 Canada,
but does apply to passenger rail,
passenger ferry travel, and pleasure boat
travel between the United States and
Canada. These restrictions are
temporary in nature and shall remain in
effect until 11:59 p.m. EST on December
21, 2020. This Notification may be
amended or rescinded prior to that time,
based on circumstances associated with
the specific threat.8
The Commissioner of U.S. Customs
and Border Protection (CBP) is hereby
8 DHS is working closely with counterparts in
Mexico and Canada to identify appropriate public
health conditions to safely ease restrictions in the
future and support U.S. border communities.
PO 00000
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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, has
delegated 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. 2020–25865 Filed 11–20–20; 8:45 am]
BILLING CODE 9112–FP–P
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
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.
DATES: These restrictions go into effect
at 12 a.m. Eastern Standard Time (EST)
on November 22, 2020 and will remain
in effect until 11:59 p.m. EST on
December 21, 2020.
FOR FURTHER INFORMATION CONTACT: Carl
Jaigobind, Office of Field Operations
SUMMARY:
E:\FR\FM\23NOR1.SGM
23NOR1
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations
Coronavirus Coordination Cell, U.S.
Customs and Border Protection (CBP) at
202–325–0840.
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
the virus associated with COVID–19
within the United States and globally,
the Secretary had determined that the
risk of continued transmission and
spread of the virus associated with
COVID–19 between the United States
and Mexico posed a ‘‘specific threat to
human life or national interests.’’ The
Secretary later published a series of
notifications continuing such
limitations on travel until 11:59 p.m.
EST on November 21, 2020.2
The Secretary has continued to
monitor and respond to the COVID–19
pandemic. As of the week of November
15, there are over 53 million confirmed
cases globally, with over 1.3 million
confirmed deaths.3 There are over 11.1
million confirmed and probable cases
within the United States,4 over 287,000
confirmed cases in Canada,5 and over
997,000 confirmed cases in Mexico.6
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 See 85 FR 67275 (Oct. 22, 2020); 85 FR 59669
(Sept. 23, 2020); 85 FR 51633 (Aug. 21, 2020); 85
FR 44183 (July 22, 2020); 85 FR 37745 (June 24,
2020); 85 FR 31057 (May 22, 2020); 85 FR 22353
(Apr. 22, 2020). DHS also published parallel
notifications of the Secretary’s decisions 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.’’ See 85 FR 67276 (Oct.
22, 2020); 85 FR 59670 (Sept. 23, 2020); 85 FR
51634 (Aug. 21, 2020); 85 FR 44185 (July 22, 2020);
85 FR 37744 (June 24, 2020); 85 FR 31050 (May 22,
2020); 85 FR 22352 (Apr. 22, 2020).
3 WHO, Coronavirus disease 2019 (COVID–19)
Weekly Epidemiological Update (Nov. 17, 2020),
available at https://www.who.int/publications/m/
item/weekly-epidemiological-update---17november-2020.
4 CDC, COVID Data Tracker (last updated Nov. 17,
2020), available at https://covid.cdc.gov/covid-datatracker/.
5 WHO, COVID–19 Weekly Epidemiological
Update (Nov. 17, 2020).
6 Id.
VerDate Sep<11>2014
17:19 Nov 20, 2020
Jkt 253001
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 the virus associated with
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 the virus
associated with COVID–19 and places
the populace of both nations at
increased risk of contracting the virus
associated with 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 the virus associated with
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
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).
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
74605
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
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. EST on December
21, 2020. This Notification may be
amended or rescinded prior to that time,
based on circumstances associated with
the specific threat.8
8 DHS is working closely with counterparts in
Mexico and Canada to identify appropriate public
E:\FR\FM\23NOR1.SGM
Continued
23NOR1
74606
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations
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, has
delegated 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. 2020–25866 Filed 11–20–20; 8:45 am]
BILLING CODE 9112–FP–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0684]
RIN 1625–AA00
Safety Zone; Breton Sound, New
Orleans, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Breton
Sound, LA. The safety zone
encompasses all navigable waters
within a 100-yard radius of the LOBO
Durango platform riser in Breton Sound
Block 49 at 29 27.000 N, 089 17.682 W.
The temporary safety zone is necessary
to protect personnel, vessels, and the
marine environment from potential
hazards created by emergency repair
operations to the damaged structure.
Entry of vessels or persons into this
zone is prohibited unless specifically
SUMMARY:
health conditions to safely ease restrictions in the
future and support U.S. border communities.
VerDate Sep<11>2014
17:19 Nov 20, 2020
Jkt 253001
authorized by the Captain of the Port
Sector New Orleans or an authorized
representative.
DATES: This rule is effective without
actual notice from November 23, 2020
through December 4, 2020. For the
purposes of enforcement, actual notice
will be used from November 10, 2020
until November 23, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0684 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Corinne
Plummer, Sector New Orleans, U.S.
Coast Guard; telephone 504–365–2246,
email Corinne.M.Plummer@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. It is impracticable to
publish an NPRM because we must
establish this temporary safety zone as
soon as possible and lack sufficient time
to provide a reasonable comment period
and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
emergency repairs on/near LOBO
Durango platform riser.
PO 00000
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Sfmt 4700
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector New Orleans
(COTP) has determined that potential
hazards associated with emergency
repair operations, consisting of securing
and repairing the damaged LOBO
Durango structure, will be of a safety
concern for anyone within a 100-yard
radius of the structure, located at
approximately 29 27.000 N, 089 17.682
W, Breton Sound, Block 49. This rule is
necessary to protect personnel, vessels,
and the marine environment on the
navigable waters within the safety zone
while the repairs are being carried out.
IV. Discussion of the Rule
This rule establishes a safety zone
starting November 10, 2020 until
approximately December 4, 2020, or
until repairs are complete, whichever
comes first. The temporary safety zone
will encompass all navigable waters
within 100-yards radius of the LOBO
Durango structure located in Breton
Sound, Block 49, at approximately 29
27.000 N, 089 17.682 W. The duration
of the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
while the structure is being repaired. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. Vessels
requiring entry into this safety zone
must request permission from the COTP
or a designated representative. They
may be contacted on VHF–FM Channel
16 or 67 or by telephone at (504) 365–
2200. Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
The COTP or a designated
representative will inform the public of
the enforcement times and date for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
E:\FR\FM\23NOR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Rules and Regulations]
[Pages 74604-74606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25866]
-----------------------------------------------------------------------
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 Standard
Time (EST) on November 22, 2020 and will remain in effect until 11:59
p.m. EST on December 21, 2020.
FOR FURTHER INFORMATION CONTACT: Carl Jaigobind, Office of Field
Operations
[[Page 74605]]
Coronavirus Coordination Cell, U.S. Customs and Border Protection (CBP)
at 202-325-0840.
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 the virus associated with COVID-19 within
the United States and globally, the Secretary had determined that the
risk of continued transmission and spread of the virus associated with
COVID-19 between the United States and Mexico posed a ``specific threat
to human life or national interests.'' The Secretary later published a
series of notifications continuing such limitations on travel until
11:59 p.m. EST on November 21, 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\ See 85 FR 67275 (Oct. 22, 2020); 85 FR 59669 (Sept. 23,
2020); 85 FR 51633 (Aug. 21, 2020); 85 FR 44183 (July 22, 2020); 85
FR 37745 (June 24, 2020); 85 FR 31057 (May 22, 2020); 85 FR 22353
(Apr. 22, 2020). DHS also published parallel notifications of the
Secretary's decisions 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.''
See 85 FR 67276 (Oct. 22, 2020); 85 FR 59670 (Sept. 23, 2020); 85 FR
51634 (Aug. 21, 2020); 85 FR 44185 (July 22, 2020); 85 FR 37744
(June 24, 2020); 85 FR 31050 (May 22, 2020); 85 FR 22352 (Apr. 22,
2020).
---------------------------------------------------------------------------
The Secretary has continued to monitor and respond to the COVID-19
pandemic. As of the week of November 15, there are over 53 million
confirmed cases globally, with over 1.3 million confirmed deaths.\3\
There are over 11.1 million confirmed and probable cases within the
United States,\4\ over 287,000 confirmed cases in Canada,\5\ and over
997,000 confirmed cases in Mexico.\6\
---------------------------------------------------------------------------
\3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly
Epidemiological Update (Nov. 17, 2020), available at https://www.who.int/publications/m/item/weekly-epidemiological-update---17-november-2020.
\4\ CDC, COVID Data Tracker (last updated Nov. 17, 2020),
available at https://covid.cdc.gov/covid-data-tracker/.
\5\ WHO, COVID-19 Weekly Epidemiological Update (Nov. 17, 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 the virus
associated with 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 the virus associated with COVID-19
and places the populace of both nations at increased risk of
contracting the virus associated with 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 the virus associated with 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).
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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. EST on
December 21, 2020. This Notification may be amended or rescinded prior
to that time, based on circumstances associated with the specific
threat.\8\
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\8\ DHS is working closely with counterparts in Mexico and
Canada to identify appropriate public health conditions to safely
ease restrictions in the future and support U.S. border communities.
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[[Page 74606]]
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, has delegated 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. 2020-25866 Filed 11-20-20; 8:45 am]
BILLING CODE 9112-FP-P
