Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the Democratic Republic of the Congo or the Republic of Guinea, 12534-12535 [2021-04594]
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12534
Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations
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Entity
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Background
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Arrival Restrictions Applicable to
Flights Carrying Persons Who Have
Recently Traveled From or Were
Otherwise Present Within the
Democratic Republic of the Congo or
the Republic of Guinea
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Announcement of arrival
restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security to direct all flights to the
United States carrying persons who
have recently traveled from, or were
otherwise present within, the
Democratic Republic of the Congo or the
Republic of Guinea to arrive at one of
the U.S. airports where the U.S.
government is focusing public health
resources to implement enhanced
public health measures. For purposes of
this document, a person has recently
traveled from the Democratic Republic
of the Congo or the Republic of Guinea
if that person has departed from, or was
otherwise present within, the
Democratic Republic of the Congo or the
Republic of Guinea within 21 days of
the date of the person’s entry or
attempted entry into the United States.
Also, for purposes of this document,
crew and flights carrying only cargo
(i.e., no passengers or non-crew), are
excluded from the measures herein.
DATES: The arrival restrictions apply to
flights departing after 11:59 p.m. Eastern
Standard Time on March 4, 2021.
Arrival restrictions continue until
cancelled or modified by the Secretary
of Homeland Security and notice of
such cancellation or modification is
published in the Federal Register.
SUMMARY:
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Alyce Modesto, Office of Field
Operations, U.S. Customs and Border
Protection at 202–286–8995.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–04505 Filed 3–2–21; 4:15 pm]
18:37 Mar 03, 2021
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FOR FURTHER INFORMATION CONTACT:
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
VerDate Sep<11>2014
License
review policy
License requirement
Jkt 253001
Ebola Virus Disease (EVD), caused by
the virus family Filoviridae, is a severe
and often fatal disease that can affect
humans and non-human primates.
Disease transmission occurs via direct
contact with bodily fluids (e.g., blood,
mucus, vomit, urine). The first known
EVD outbreak occurred in 1976. From
2013–2016, the largest EVD outbreak
occurred in West Africa, primarily
affecting Guinea, Liberia, and Sierra
Leone, with cases exported to seven
additional countries across three
continents. The epidemic demonstrated
the potential for EVD to become an
international crisis in the absence of
early intervention. Further, EVD can
have substantial medical, public health,
and economic consequences if it
spreads to densely populated areas. As
such, EVD may present a threat to U.S.
health security given the unpredictable
nature of outbreaks and the
interconnectedness of countries through
global travel.
On February 7, 2021, the World
Health Organization (WHO) reported the
resurgence of EVD, following the
laboratory confirmation of one case in
North Kivu Province, in the Democratic
Republic of the Congo (DRC). As of
February 23, 2021, eight confirmed EVD
cases, including four deaths, have been
reported. Although the source of
infection is still under investigation, it
is believed this outbreak is linked to the
2018–2020 EVD outbreak in the eastern
DRC, the second largest EVD outbreak
on record, which was officially declared
over on June 25, 2020 by the WHO and
the Ministry of Health in the DRC.
On February 14, 2021, the WHO
reported a new outbreak of EVD in the
southern prefecture of Nze´re´kore´,
Guinea. The prefecture is located near
the borders of Liberia and the Ivory
Coast. As of February 23, 2021, Guinean
officials have reported nine confirmed
cases and at least five deaths. The WHO
expects additional cases to be confirmed
in the coming days and have warned six
neighboring countries (Guinea-Bissau,
Ivory Coast, Liberia, Mali, Senegal, and
Sierra Leone) to be on alert for potential
infections.
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Federal Register citation
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In order to assist in preventing or
limiting the introduction and spread of
this communicable disease into the
United States, the Departments of
Homeland Security and Health and
Human Services, including the Centers
for Disease Control and Prevention
(CDC), and other agencies charged with
protecting the homeland and the
American public, are currently
implementing enhanced public health
measures at six U.S. airports that receive
the largest number of travelers from the
DRC and the Republic of Guinea. To
ensure that all travelers with recent
presence in the affected countries arrive
at one of these airports, DHS is directing
all flights to the United States carrying
such persons to arrive at the airports
where the enhanced public health
measures are being implemented. While
DHS, in coordination with other
applicable federal agencies, anticipates
working with the air carriers in an
endeavor to identify potential travelers
from the affected countries prior to
boarding, air carriers will remain
obligated to comply with the
requirement of this notice, particularly
in the event that travelers who have
recently traveled from or were otherwise
present within, the affected countries
are boarded on flights bound for the
United States.
Notice of Arrival Restrictions
Applicable to All Flights Carrying
Persons Who Have Recently Traveled
From or Were Otherwise Present
Within the Democratic Republic of the
Congo or the Republic of Guinea
Pursuant to 6 U.S.C. 112(a), 19 U.S.C.
1433(c), and 19 CFR 122.32, DHS has
the authority to limit the location where
all flights entering the United States
from abroad may land. Under this
authority and effective for flights
departing after 11:59 p.m. Eastern
Standard Time on March 4, 2021, I
hereby direct all operators of aircraft to
ensure that all flights carrying persons
who have recently traveled from, or
were otherwise present within, the DRC
or the Republic of Guinea only land at
one of the following airports:
• John F. Kennedy International
Airport (JFK), New York;
• Chicago O’Hare International
Airport (ORD), Illinois;
• Hartsfield-Jackson Atlanta
International Airport (ATL), Georgia;
• Washington-Dulles International
Airport (IAD), Virginia;
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations
• Newark Liberty International
Airport (EWR), New Jersey; and
• Los Angeles International Airport
(LAX), California.
This direction considers a person to
have recently traveled from the DRC or
the Republic of Guinea if that person
departed from, or was otherwise present
within, the DRC or the Republic of
Guinea within 21 days of the date of the
person’s entry or attempted entry into
the United States. Also, for purposes of
this document, crew and flights carrying
only cargo (i.e., no passengers or noncrew), are excluded from the applicable
measures set forth in this notification.
This direction is subject to any changes
to the airport landing destination that
may be required for aircraft and/or
airspace safety as directed by the
Federal Aviation Administration.
This list of designated airports may be
modified by the Secretary of Homeland
Security in consultation with the
Secretary of Health and Human Services
and the Secretary of Transportation.
This list of designated airports may be
modified by an updated publication in
the Federal Register or by posting an
advisory to follow at www.cbp.gov. The
restrictions will remain in effect until
superseded, modified, or revoked by
publication in the Federal Register.
For purposes of this Federal Register
document, ‘‘United States’’ means the
territory of the several States, the
District of Columbia, and Puerto Rico.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2021–04594 Filed 3–2–21; 4:15 pm]
BILLING CODE 9112–FP–P
DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Parts 780, 788, and 795
RIN 1235–AA34
Independent Contractor Status Under
the Fair Labor Standards Act (FLSA):
Delay of Effective Date
Wage and Hour Division,
Department of Labor.
ACTION: Final rule; delay of effective
date.
AGENCY:
Consistent with the
Presidential directive as expressed in
the memorandum of January 20, 2021,
from the Assistant to the President and
Chief of Staff, titled ‘‘Regulatory Freeze
Pending Review,’’ this action finalizes
the Department of Labor’s proposal to
delay until May 7, 2021, the effective
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SUMMARY:
VerDate Sep<11>2014
18:37 Mar 03, 2021
Jkt 253001
date of the rule titled Independent
Contractor Status Under the Fair Labor
Standards Act (‘‘Independent Contractor
Rule’’ or ‘‘January 2021 Rule’’), which
was published in the Federal Register
on January 7, 2021, to allow the
Department to review issues of law,
policy, and fact raised by the rule before
it takes effect.
DATES: As of March 4, 2021, the
effective date of the Independent
Contractor Rule published January 7,
2021 at 86 FR 1168 is delayed until May
7, 2021.
FOR FURTHER INFORMATION CONTACT:
Amy DeBisschop, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of this final rule may
be obtained in alternative formats (Large
Print, Braille, Audio Tape or Disc), upon
request, by calling (202) 693–0675 (this
is not a toll-free number). TTY/TDD
callers may dial toll-free 1–877–889–
5627 to obtain information or request
materials in alternative formats.
Questions of interpretation or
enforcement of the agency’s existing
regulations may be directed to the
nearest Wage and Hour Division
(‘‘WHD’’) district office. Locate the
nearest office by calling the WHD’s tollfree help line at (866) 4US–WAGE ((866)
487–9243) between 8 a.m. and 5 p.m. in
your local time zone, or log onto WHD’s
website at https://www.dol.gov/
agencies/whd/contact/local-offices for a
nationwide listing of WHD district and
area offices.
SUPPLEMENTARY INFORMATION:
I. Background
On January 7, 2021, the U.S.
Department of Labor (‘‘the Department’’)
published the Independent Contractor
Rule in the Federal Register with an
effective date of March 8, 2021. See 86
FR 1168. The Independent Contractor
Rule would, among other actions,
introduce into title 29 of the Code of
Federal Regulations a new part (part
795) titled ‘‘Employee or Independent
Contractor Classification Under the Fair
Labor Standards Act.’’ See id. In a
memorandum dated January 20, 2021,
and titled ‘‘Regulatory Freeze Pending
Review,’’ published in the Federal
Register on January 28, 2021 (86 FR
7424) (‘‘Regulatory Freeze
Memorandum’’), the Assistant to the
President and Chief of Staff, on behalf
of the President, directed the heads of
Executive Departments and Agencies to
consider delaying the effective dates of
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12535
all regulations that had been published
in the Federal Register but had not yet
taken effect. The Independent
Contractor Rule fell within this
category. The Regulatory Freeze
Memorandum states that the purpose of
such delays is for agencies to review any
questions of fact, law, and policy that
the rules may raise, noting certain
exceptions that do not apply to the
Independent Contractor Rule. On
January 20, 2021, the Office of
Management and Budget (OMB) also
published OMB Memorandum M–21–
14, Implementation of Memorandum
Concerning Regulatory Freeze Pending
Review, which provides guidance
regarding the Regulatory Freeze
Memorandum. See OMB Memorandum
M–21–14, Implementation of
Memorandum Concerning Regulatory
Freeze Pending Review, https://
www.whitehouse.gov/wp-content/
uploads/2021/01/M-21-14-RegulatoryReview.pdf (last visited February 25,
2021). OMB Memorandum M–21–14
explains that pursuant to the Regulatory
Freeze Memorandum, agencies ‘‘should
consider postponing the effective dates
for 60 days and reopening [the]
rulemaking processes’’ for ‘‘rules that
have not yet taken effect and about
which questions involving law, fact, or
policy have been raised.’’ Id.
On February 5, 2021, the Department
issued a notice of proposed rulemaking
(NPRM) in accordance with the
Regulatory Freeze Memorandum and
OMB Memorandum M–21–14 proposing
to delay the effective date of the
Independent Contractor Rule to May 7,
2021, which would be 60 days beyond
its original effective date. See 86 FR
8326.
In the NPRM, the Department
explained that delaying the effective
date of the Independent Contractor Rule
would give the Department additional
opportunity to review and consider the
Independent Contractor Rule, as the
Regulatory Freeze Memorandum and
OMB Memorandum M–21–14
contemplate. The Department noted that
the Independent Contractor Rule would
be its first generally applicable
regulation addressing the question of
who is an independent contractor and
thus not an employee under the FLSA,
and would adopt a new legal standard
for determining employee and
independent contractor status under the
FLSA. In light of the significance of this
change, the Department proposed to
allow itself more time to further review
and consider, among other important
issues, the legal, policy, and/or
enforcement implications of adopting
that standard, such as: Whether the
January 2021 Rule effectuates the
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Agencies
[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Rules and Regulations]
[Pages 12534-12535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04594]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Arrival Restrictions Applicable to Flights Carrying Persons Who
Have Recently Traveled From or Were Otherwise Present Within the
Democratic Republic of the Congo or the Republic of Guinea
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Announcement of arrival restrictions.
-----------------------------------------------------------------------
SUMMARY: This document announces the decision of the Secretary of
Homeland Security to direct all flights to the United States carrying
persons who have recently traveled from, or were otherwise present
within, the Democratic Republic of the Congo or the Republic of Guinea
to arrive at one of the U.S. airports where the U.S. government is
focusing public health resources to implement enhanced public health
measures. For purposes of this document, a person has recently traveled
from the Democratic Republic of the Congo or the Republic of Guinea if
that person has departed from, or was otherwise present within, the
Democratic Republic of the Congo or the Republic of Guinea within 21
days of the date of the person's entry or attempted entry into the
United States. Also, for purposes of this document, crew and flights
carrying only cargo (i.e., no passengers or non-crew), are excluded
from the measures herein.
DATES: The arrival restrictions apply to flights departing after 11:59
p.m. Eastern Standard Time on March 4, 2021. Arrival restrictions
continue until cancelled or modified by the Secretary of Homeland
Security and notice of such cancellation or modification is published
in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Alyce Modesto, Office of Field
Operations, U.S. Customs and Border Protection at 202-286-8995.
SUPPLEMENTARY INFORMATION:
Background
Ebola Virus Disease (EVD), caused by the virus family Filoviridae,
is a severe and often fatal disease that can affect humans and non-
human primates. Disease transmission occurs via direct contact with
bodily fluids (e.g., blood, mucus, vomit, urine). The first known EVD
outbreak occurred in 1976. From 2013-2016, the largest EVD outbreak
occurred in West Africa, primarily affecting Guinea, Liberia, and
Sierra Leone, with cases exported to seven additional countries across
three continents. The epidemic demonstrated the potential for EVD to
become an international crisis in the absence of early intervention.
Further, EVD can have substantial medical, public health, and economic
consequences if it spreads to densely populated areas. As such, EVD may
present a threat to U.S. health security given the unpredictable nature
of outbreaks and the interconnectedness of countries through global
travel.
On February 7, 2021, the World Health Organization (WHO) reported
the resurgence of EVD, following the laboratory confirmation of one
case in North Kivu Province, in the Democratic Republic of the Congo
(DRC). As of February 23, 2021, eight confirmed EVD cases, including
four deaths, have been reported. Although the source of infection is
still under investigation, it is believed this outbreak is linked to
the 2018-2020 EVD outbreak in the eastern DRC, the second largest EVD
outbreak on record, which was officially declared over on June 25, 2020
by the WHO and the Ministry of Health in the DRC.
On February 14, 2021, the WHO reported a new outbreak of EVD in the
southern prefecture of Nz[eacute]r[eacute]kor[eacute], Guinea. The
prefecture is located near the borders of Liberia and the Ivory Coast.
As of February 23, 2021, Guinean officials have reported nine confirmed
cases and at least five deaths. The WHO expects additional cases to be
confirmed in the coming days and have warned six neighboring countries
(Guinea-Bissau, Ivory Coast, Liberia, Mali, Senegal, and Sierra Leone)
to be on alert for potential infections.
In order to assist in preventing or limiting the introduction and
spread of this communicable disease into the United States, the
Departments of Homeland Security and Health and Human Services,
including the Centers for Disease Control and Prevention (CDC), and
other agencies charged with protecting the homeland and the American
public, are currently implementing enhanced public health measures at
six U.S. airports that receive the largest number of travelers from the
DRC and the Republic of Guinea. To ensure that all travelers with
recent presence in the affected countries arrive at one of these
airports, DHS is directing all flights to the United States carrying
such persons to arrive at the airports where the enhanced public health
measures are being implemented. While DHS, in coordination with other
applicable federal agencies, anticipates working with the air carriers
in an endeavor to identify potential travelers from the affected
countries prior to boarding, air carriers will remain obligated to
comply with the requirement of this notice, particularly in the event
that travelers who have recently traveled from or were otherwise
present within, the affected countries are boarded on flights bound for
the United States.
Notice of Arrival Restrictions Applicable to All Flights Carrying
Persons Who Have Recently Traveled From or Were Otherwise Present
Within the Democratic Republic of the Congo or the Republic of Guinea
Pursuant to 6 U.S.C. 112(a), 19 U.S.C. 1433(c), and 19 CFR 122.32,
DHS has the authority to limit the location where all flights entering
the United States from abroad may land. Under this authority and
effective for flights departing after 11:59 p.m. Eastern Standard Time
on March 4, 2021, I hereby direct all operators of aircraft to ensure
that all flights carrying persons who have recently traveled from, or
were otherwise present within, the DRC or the Republic of Guinea only
land at one of the following airports:
John F. Kennedy International Airport (JFK), New York;
Chicago O'Hare International Airport (ORD), Illinois;
Hartsfield-Jackson Atlanta International Airport (ATL),
Georgia;
Washington-Dulles International Airport (IAD), Virginia;
[[Page 12535]]
Newark Liberty International Airport (EWR), New Jersey;
and
Los Angeles International Airport (LAX), California.
This direction considers a person to have recently traveled from
the DRC or the Republic of Guinea if that person departed from, or was
otherwise present within, the DRC or the Republic of Guinea within 21
days of the date of the person's entry or attempted entry into the
United States. Also, for purposes of this document, crew and flights
carrying only cargo (i.e., no passengers or non-crew), are excluded
from the applicable measures set forth in this notification. This
direction is subject to any changes to the airport landing destination
that may be required for aircraft and/or airspace safety as directed by
the Federal Aviation Administration.
This list of designated airports may be modified by the Secretary
of Homeland Security in consultation with the Secretary of Health and
Human Services and the Secretary of Transportation. This list of
designated airports may be modified by an updated publication in the
Federal Register or by posting an advisory to follow at www.cbp.gov.
The restrictions will remain in effect until superseded, modified, or
revoked by publication in the Federal Register.
For purposes of this Federal Register document, ``United States''
means the territory of the several States, the District of Columbia,
and Puerto Rico.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-04594 Filed 3-2-21; 4:15 pm]
BILLING CODE 9112-FP-P