Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 4967-4969 [2021-01029]
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
that the Office of Information and
Regulatory Affairs (OIRA) determines
whether a rule qualifies as a ‘‘major
rule.’’
Pursuant to the CRA, this rule does
not qualify as a ‘‘major rule,’’ as defined
in 5 U.S.C. 804(2). To comply with the
CRA, CPSC will submit the required
information to each House of Congress
and the Comptroller General.
List of Subjects in 16 CFR Part 1223
Consumer protection, Imports,
Incorporation by reference, Imports,
Infants and children, Law enforcement,
Safety, Toys.
For the reasons discussed in the
preamble, the Commission amends 16
CFR chapter II as follows:
PART 1223—SAFETY STANDARD FOR
INFANT SWINGS
1. Revise the authority citation for part
1223 to read as follows:
■
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (15 U.S.C. 2056a); Sec 3, Pub. L.
112–28, 125 Stat. 273.
■
2. Revise § 1223.2 to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 1223.2
Requirements for infant swings.
Each infant swing shall comply with
all applicable provisions of ASTM
F2088–20, Standard Consumer Safety
Specification for Infant and Cradle
Swings, approved on June 15, 2020. The
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
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Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2020–28362 Filed 1–15–21; 8:45 am]
BILLING CODE 6355–01–P
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Jkt 253001
Notification of continuation of
temporary travel restrictions; correction.
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
U.S. Customs and Border Protection
SUMMARY:
19 CFR Chapter I
Notification of Temporary Travel
Restrictions Applicable to Land Ports
of Entry and Ferries Service Between
the United States and Canada;
Correction
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; correction.
AGENCY:
The Department of Homeland
Security (DHS) is making corrections to
a notice that appeared in the Federal
Register on December 22, 2020. The
document contained incorrect dates.
DATES: The corrections apply to the
notification published in the Federal
Register December 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Stephanie Watson, Office of Field
Operations Coronavirus Coordination
Cell, U.S. Customs and Border
Protection (CBP) at 202–325–0840.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Correction
In the Federal Register of December
22, 2020, in FR Doc. 2020–28381—
• On page 83432, in the first column,
correct the words ‘‘January 21, 2020.’’ to
read, ‘‘January 21, 2021.’’; and
• On page 83433, in the second
column, correct the words ‘‘January 21,
2020.’’ to read, ‘‘January 21, 2021.’’
Christina E. McDonald,
Associate General Counsel for Regulatory
Affairs.
[FR Doc. 2020–28875 Filed 1–15–21; 8:45 am]
BILLING CODE 9111–12–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;
Correction
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
AGENCY:
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4967
The Department of Homeland
Security (DHS) is making corrections to
a notice that appeared in the Federal
Register on December 22, 2020. The
document contained incorrect dates.
DATES: The corrections apply to the
notification published in the Federal
Register December 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Stephanie Watson, Office of Field
Operations Coronavirus Coordination
Cell, U.S. Customs and Border
Protection (CBP) at 202–325–0840.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of December
22, 2020, in FR Doc. 2020–28375—
• On page 83433, in the third column,
correct the words ‘‘January 21, 2020.’’ to
read, ‘‘January 21, 2021.’’; and
• On page 83434, in the third column,
correct the words ‘‘January 21, 2020.’’ to
read, ‘‘January 21, 2021.’’
Christina E. McDonald,
Associate General Counsel for Regulatory
Affairs, U.S. Department of Homeland
Security.
[FR Doc. 2020–28876 Filed 1–15–21; 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 January 22, 2021 and will remain in
effect until 11:59 p.m. EST on February
21, 2021.
SUMMARY:
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
States,4 over 587,000 confirmed cases in
Canada,5 and over 1.4 million
confirmed cases in Mexico.6
FOR FURTHER INFORMATION CONTACT:
Stephanie Watson, Office of Field
Operations Coronavirus Coordination
Cell, U.S. Customs and Border
Protection (CBP) at 202–325–0840.
SUPPLEMENTARY INFORMATION:
Background
khammond on DSKJM1Z7X2PROD with RULES
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 January 21, 2021.2
The Secretary has continued to
monitor and respond to the COVID–19
pandemic. As of the week of January 4,
there have been over 83.3 million
confirmed cases globally, with over 1.8
million confirmed deaths.3 There have
been over 20.7 million confirmed and
probable cases within the United
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 83433 (Dec. 22, 2020); 85 FR 74604
(Nov. 23, 2020); 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 83432 (Dec.
22, 2020); 85 FR 74603 (Nov. 23, 2020); 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). Both
December notices contained typos with respect to
the end date of the extension; as of December 23,
2020, correction notices were pending publication
in the Federal Register.
3 WHO, Coronavirus disease 2019 (COVID–19)
Weekly Epidemiological Update (Jan. 5, 2021),
available at https://www.who.int/publications/m/
item/weekly-epidemiological-update—5-january2021.
VerDate Sep<11>2014
16:33 Jan 17, 2021
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
4 CDC, COVID Data Tracker (accessed Jan. 6,
2021), available at https://covid.cdc.gov/covid-datatracker/.
5 WHO, COVID–19 Weekly Epidemiological
Update (Jan. 5, 2021).
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
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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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
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
E:\FR\FM\19JAR1.SGM
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
temporary in nature and shall remain in
effect until 11:59 p.m. EST on February
21, 2021. 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
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.’’
Peter T. Gaynor,
Acting Secretary, U.S. Department of
Homeland Security.
[FR Doc. 2021–01029 Filed 1–15–21; 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 Canada
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 Canada into the United
States at land ports of entry along the
United States-Canada border. Such
travel will be limited to ‘‘essential
travel,’’ as further defined in this
document.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
These restrictions go into effect
at 12 a.m. Eastern Standard Time (EST)
on January 22, 2021 and will remain in
DATES:
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.
VerDate Sep<11>2014
16:33 Jan 17, 2021
Jkt 253001
effect until 11:59 p.m. EST on February
21, 2021.
FOR FURTHER INFORMATION CONTACT:
Stephanie Watson, Office of Field
Operations 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 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.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 Canada 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 January 21, 2021.2
The Secretary has continued to
monitor and respond to the COVID–19
pandemic. As of the week of January 4,
there have been over 83.3 million
confirmed cases globally, with over 1.8
million confirmed deaths.3 There have
been over 20.7 million confirmed and
1 85 FR 16548 (Mar. 24, 2020). That same day,
DHS also 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. 85 FR 16547 (Mar. 24, 2020).
2 See 85 FR 83432 (Dec. 22, 2020); 85 FR 74603
(Nov. 23, 2020); 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). DHS also published parallel
notifications of the Secretary’s decisions to
continue temporarily limiting the travel of
individuals from Mexico into the United States at
land ports of entry along the United States-Mexico
border to ‘‘essential travel.’’ See 85 FR 83433 (Dec.
22, 2020); 85 FR 74604 (Nov. 23, 2020); 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). Both
December notices contained typos with respect to
the end date of the extension; as of December 23,
2020, correction notices were pending publication
in the Federal Register.
3 WHO, Coronavirus disease 2019 (COVID–19)
Weekly Epidemiological Update (Jan. 5, 2021),
available at https://www.who.int/publications/m/
item/weekly-epidemiological-update—5-january2021.
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4969
probable cases within the United
States,4 over 587,000 confirmed cases in
Canada,5 and over 1.4 million
confirmed cases in Mexico.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 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
4 CDC, COVID Data Tracker (accessed Jan. 6,
2021), available at https://covid.cdc.gov/covid-datatracker/.
5 WHO, COVID–19 Weekly Epidemiological
Update (Jan. 5, 2021).
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
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
E:\FR\FM\19JAR1.SGM
Continued
19JAR1
]]>Agencies
[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Rules and Regulations]
[Pages 4967-4969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01029]
-----------------------------------------------------------------------
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 January 22, 2021 and will remain in effect until 11:59
p.m. EST on February 21, 2021.
[[Page 4968]]
FOR FURTHER INFORMATION CONTACT: Stephanie Watson, Office of Field
Operations 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 January 21, 2021.\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 83433 (Dec. 22, 2020); 85 FR 74604 (Nov. 23,
2020); 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 83432
(Dec. 22, 2020); 85 FR 74603 (Nov. 23, 2020); 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). Both December notices
contained typos with respect to the end date of the extension; as of
December 23, 2020, correction notices were pending publication in
the Federal Register.
---------------------------------------------------------------------------
The Secretary has continued to monitor and respond to the COVID-19
pandemic. As of the week of January 4, there have been over 83.3
million confirmed cases globally, with over 1.8 million confirmed
deaths.\3\ There have been over 20.7 million confirmed and probable
cases within the United States,\4\ over 587,000 confirmed cases in
Canada,\5\ and over 1.4 million confirmed cases in Mexico.\6\
---------------------------------------------------------------------------
\3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly
Epidemiological Update (Jan. 5, 2021), available at https://
www.who.int/publications/m/item/weekly-epidemiological-update--5-
january-2021.
\4\ CDC, COVID Data Tracker (accessed Jan. 6, 2021), available
at https://covid.cdc.gov/covid-data-tracker/.
\5\ WHO, COVID-19 Weekly Epidemiological Update (Jan. 5, 2021).
\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.
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\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
[[Page 4969]]
temporary in nature and shall remain in effect until 11:59 p.m. EST on
February 21, 2021. 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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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.''
Peter T. Gaynor,
Acting Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-01029 Filed 1-15-21; 8:45 am]
BILLING CODE 9112-FP-P
