Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 10816-10818 [2021-03776]
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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).
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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
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On March 24, 2020, the Department of
Homeland Security (DHS) published
notice of its decision to temporarily
E:\FR\FM\23FER1.SGM
23FER1
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
limit the travel of individuals from
Mexico into the United States at land
ports of entry along the United StatesMexico 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 Mexico 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
risk of continued transmission and
1 85 FR 16547 (Mar. 24, 2020). That same day,
DHS also 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. 85 FR
16548 (Mar. 24, 2020).
2 See 86 FR 4967 (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 also published parallel notifications of its
decisions to continue temporarily limiting the
travel of individuals from Canada into the United
States at land ports of entry along the United StatesCanada border to ‘‘essential travel.’’ 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.
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.
VerDate Sep<11>2014
21:28 Feb 22, 2021
Jkt 253001
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).
PO 00000
Frm 00115
Fmt 4700
Sfmt 4700
10817
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. 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
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.
E:\FR\FM\23FER1.SGM
23FER1
10818
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations
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.’’
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
HHS.
Food and Drug Administration
21 CFR Parts 510, 520, and 522
[Docket No. FDA–2019–N–5405]
New Animal Drug Applications; BetaAminopropionitrile Fumarate; n-Butyl
Chloride; Cupric Glycinate Injection;
Dichlorophene and Toluene; Orgotein
for Injection; Tetracycline Tablets
AGENCY:
Food and Drug Administration,
Final rule, technical
amendment.
ACTION:
[FR Doc. 2021–03776 Filed 2–19–21; 11:15 am]
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect the
withdrawal of approval of seven new
animal drug applications (NADAs) for
lack of compliance with the reporting
requirements in an FDA regulation.
SUMMARY:
BILLING CODE 9111–FP–P
This rule is effective February
23, 2021.
FOR FURTHER INFORMATION CONTACT:
David Alterman, Center for Veterinary
Medicine (HFV–212), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–402–5720,
david.alterman@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
Elsewhere in this issue of the Federal
Register, FDA gave notice that approval
of the seven NADAs listed in table 1,
and all supplements and amendments
thereto, is withdrawn, effective
February 23, 2021, for lack of
compliance with reporting requirements
in 21 CFR 514.80. As provided in the
regulatory text of this document, the
animal drug regulations are amended to
reflect withdrawal of approval of the
following applications and a current
format. Withdrawal of approval of
NADA 065–067 for Tetracycline
Hydrochloride (HCl) Tablets did not
require amending the regulations.
TABLE 1—NADAS FOR WHICH APPROVAL IS WITHDRAWN
Application No.
Trade name
(drug)
Sponsor
031–971 ............
CUPRATE (cupric glycinate) .....................................
045–863 ............
PALOSEIN (orgotein) ................................................
046–922 ............
SERGEANTS SURE SHOT (n-butyl chloride) Capsules.
SERGEANTS (n-butyl chloride) Puppy Worm Capsules.
Tetracycline HCl Tablets ...........................................
Walco International, Inc., 15 West Putnam, Porterville, CA 93257.
OXIS International, Inc., 6040 N Cutter Circle, Suite
317, Portland, OR 97217–3935.
ConAgra Pet Products Co., 3902 Leavenworth St.,
Omaha, NE 68105.
ConAgra Pet Products Co., 3902 Leavenworth St.,
Omaha, NE 68105.
Premo Pharmaceutical Laboratories, Inc., 111
Leuning St., South Hackensack, NJ 07606.
RSR Laboratories, Inc., 501 Fifth St., Bristol, TN
37620.
Alaco, Inc., 1500 North Wilmot Rd., Suite 290–C,
Tucson, AZ 85712.
046–923 ............
065–067 ............
140–850 ............
141–107 ............
ELITE (dichlorophene and toluene) Dog and Cat
Wormer.
BAPTEN for Injection (+-aminopropionitrile fumarate).
Following these withdrawals of
approval, Alaco, Inc.; ConAgra Pet
Products Co.; OXIS International, Inc.;
RSR Laboratories, Inc.; and Walco
International, Inc., are no longer the
sponsors of an approved application.
Accordingly, 21 CFR 510.600(c) is being
amended to remove the entries for these
firms.
II. Legal Authority
This rule sets forth technical
amendments to the regulations to codify
recent actions on approved new animal
drug applications and corrections to
improve the accuracy of the regulations,
and as such does not impose any burden
on regulated entities. This rule is issued
under section 512(i) of the Federal
Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 360b(i)), which requires
VerDate Sep<11>2014
21:28 Feb 22, 2021
Jkt 253001
Federal Register publication of the
conditions of use of an approved or
conditionally approved new animal
drug and the name and address of the
drug’s sponsor in a ‘‘notice, which upon
publication shall be effective as a
regulation.’’ A notice published
pursuant to section 512(i) is not subject
to the notice-and-comment rulemaking
requirements of the Administrative
Procedure Act, 5 U.S.C. 551 et seq. See
section 512(i) of the FD&C Act (21
U.S.C. 360b(i)); 21 CFR 10.40(e)(3); S.
Rep. 90–1308, at 5 (1968).
This document does not meet the
definition of ‘‘rule’’ in 5 U.S.C.
804(3)(A) because it is a ‘‘rule of
particular applicability.’’ Therefore, it is
not subject to the congressional review
requirements in 5 U.S.C. 801–808.
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Sfmt 4700
21 CFR section
522.518
522.1620
520.260
520.260
Not codified
520.580
522.84
Likewise, this is not a rule subject to
Executive Order 12866, which defines a
rule as ‘‘an agency statement of general
applicability and future effect, which
the agency intends to have the force and
effect of law, that is designed to
implement, interpret, or prescribe law
or policy or to describe the procedure or
practice requirements of an agency.’’
List of Subjects
21 CFR Part 510
Administrative practice and
procedure, Animal drugs, Labeling,
Reporting and recordkeeping
requirements.
21 CFR Parts 520 and 522
Animal drugs.
E:\FR\FM\23FER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10816-10818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03776]
-----------------------------------------------------------------------
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 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
[[Page 10817]]
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, DHS 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.'' 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 16547 (Mar. 24, 2020). That same day, DHS also
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. 85 FR 16548 (Mar. 24, 2020).
\2\ See 86 FR 4967 (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 also published parallel
notifications of its 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 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 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 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. 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\
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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
[[Page 10818]]
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
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travel.''
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-03776 Filed 2-19-21; 11:15 am]
BILLING CODE 9111-FP-P
