Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 10815-10816 [2021-03774]

Download as PDF Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 21, 2020, and effective September 15, 2020, is amended as follows: ■ Paragraph 6002 Class E Airspace Areas Designated as Surface Areas. * * * * 21:28 Feb 22, 2021 Jkt 253001 * * * * * AEA PA E5 Bradford, PA [Amended] Bradford Regional Airport, PA (Lat. 41°48′11″ N, long. 78°38′24″ W) HIVIT Waypoint (Lat. 41°57′51″ N, long. 78°39′15″ W) That airspace extending upward from 700 feet above the surface of the Earth within a 6.6-mile radius of the Bradford Regional Airport, and within a 6-mile radius of the HIVIT Waypoint serving the University of Pittsburgh. Issued in Fort Worth, Texas, on February 17, 2021. Martin A. Skinner, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2021–03517 Filed 2–22–21; 8:45 am] BILLING CODE 4910–13–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. SUMMARY: These restrictions go into effect at 12 a.m. Eastern Standard Time on February 22, 2021 and will remain in effect until 11:59 p.m. Eastern Daylight Time (EDT) on March 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: DATES: * AEA PA E2 Bradford, PA [Amended] Bradford Regional Airport, PA (Lat. 41°48′11″ N, long. 78°38′24″ W) Within a 4.1-mile radius of the Bradford Regional Airport, and within 1 mile each side of the 134° bearing from the airport extending from the 4.1-mile radius to 4.2 miles southeast of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement. VerDate Sep<11>2014 Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. Background On March 24, 2020, the Department of Homeland Security (DHS) published PO 00000 Frm 00113 Fmt 4700 Sfmt 4700 10815 notice of its decision to temporarily limit 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.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, DHS 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.’’ DHS later published a series of notifications continuing such limitations on travel until 11:59 p.m. EST on February 21, 2021.2 DHS continues to monitor and respond to the COVID–19 pandemic. As of the week of February 14, 2021, there have been over 108.2 million confirmed cases globally, with over 2.3 million confirmed deaths.3 There have been over 27.6 million confirmed and probable cases within the United States,4 over 820,000 confirmed cases in Canada,5 and over 1.9 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 1 85 FR 16548 (Mar. 24, 2020). That same day, DHS also published notice of its 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 86 FR 4969 (Jan. 19, 2021); 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 its decisions to continue temporarily limiting the travel of individuals from Mexico into the United States at land ports of entry along the United StatesMexico border to ‘‘essential travel.’’ See 86 FR 4969 (Jan. 19, 2021); 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). 3 WHO, Coronavirus disease 2019 (COVID–19) Weekly Epidemiological Update (Feb. 16, 2021), available at https://www.who.int/publications/m/ item/weekly-epidemiological-update-16-february2021. 4 CDC, COVID Data Tracker (accessed Feb. 18, 2021), available at https://covid.cdc.gov/covid-datatracker/. 5 WHO, COVID–19 Weekly Epidemiological Update (Feb. 16, 2021). 6 Id. E:\FR\FM\23FER1.SGM 23FER1 10816 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / 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 21:28 Feb 22, 2021 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. EDT on March 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.’’ Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2021–03774 Filed 2–19–21; 11:15 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. SUMMARY: These restrictions go into effect at 12 a.m. Eastern Standard Time on February 22, 2021 and will remain in effect until 11:59 p.m. Eastern Daylight Time (EDT) on March 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: DATES: Background 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 Frm 00114 Fmt 4700 Sfmt 4700 On March 24, 2020, the Department of Homeland Security (DHS) published notice of its decision to temporarily E:\FR\FM\23FER1.SGM 23FER1

Agencies

[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10815-10816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03774]


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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

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 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.

DATES: These restrictions go into effect at 12 a.m. Eastern Standard 
Time on February 22, 2021 and will remain in effect until 11:59 p.m. 
Eastern Daylight Time (EDT) on March 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, the Department of Homeland Security (DHS) 
published notice of its 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, 
DHS 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.'' 
DHS later published a series of notifications continuing such 
limitations on travel until 11:59 p.m. EST on February 21, 2021.\2\
---------------------------------------------------------------------------

    \1\ 85 FR 16548 (Mar. 24, 2020). That same day, DHS also 
published notice of its 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 86 FR 4969 (Jan. 19, 2021); 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 its 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 86 FR 4969 (Jan. 19, 2021); 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 continues to monitor and respond to the COVID-19 pandemic. As 
of the week of February 14, 2021, there have been over 108.2 million 
confirmed cases globally, with over 2.3 million confirmed deaths.\3\ 
There have been over 27.6 million confirmed and probable cases within 
the United States,\4\ over 820,000 confirmed cases in Canada,\5\ and 
over 1.9 million confirmed cases in Mexico.\6\
---------------------------------------------------------------------------

    \3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly 
Epidemiological Update (Feb. 16, 2021), available at https://www.who.int/publications/m/item/weekly-epidemiological-update-16-february-2021.
    \4\ CDC, COVID Data Tracker (accessed Feb. 18, 2021), available 
at https://covid.cdc.gov/covid-data-tracker/.
    \5\ WHO, COVID-19 Weekly Epidemiological Update (Feb. 16, 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

[[Page 10816]]

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 
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-Canada 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 cross-border 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 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 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. EDT on 
March 21, 2021. 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 health conditions to safely 
ease restrictions in the future and support U.S. border communities.
---------------------------------------------------------------------------

    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.''

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-03774 Filed 2-19-21; 11:15 am]
BILLING CODE 9112-FP-P