Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 14813-14815 [2021-05877]

Download as PDF Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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. 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; 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 16:22 Mar 18, 2021 Jkt 253001 • 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 April 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 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 00007 Fmt 4700 Sfmt 4700 14813 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. 2021–05878 Filed 3–18–21; 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 Daylight Time (EDT) on March 22, 2021 and will remain in effect until 11:59 p.m. EDT on April 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: SUMMARY: Background On March 24, 2020, DHS 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 StatesMexico border to ‘‘essential travel,’’ as further defined in that document.1 The document described the developing circumstances regarding the COVID–19 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). E:\FR\FM\19MRR1.SGM 19MRR1 14814 Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations 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. EDT on March 21, 2021.2 DHS continues to monitor and respond to the COVID–19 pandemic. As of the week of March 7, 2021, there have been over 116.1 million confirmed cases globally, with over 2.5 million confirmed deaths.3 There have been over 29.2 million confirmed and probable cases within the United States,4 over 881,000 confirmed cases in Canada,5 and over 2.1 million confirmed cases in Mexico.6 jbell on DSKJLSW7X2PROD with RULES 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 2 See 86 FR 10816 (Feb. 23, 2021); 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 10815 (Feb. 23, 2021); 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 (Mar. 7, 2021), available at https://www.who.int/publications/m/ item/weekly-epidemiological-update---10-march2021. 4 CDC, COVID Data Tracker (accessed Mar. 15, 2021), https://covid.cdc.gov/covid-data-tracker/ #cases_casesper100klast7days. 5 WHO, COVID–19 Weekly Epidemiological Update (Mar. 7, 2021). 6 Id. VerDate Sep<11>2014 16:22 Mar 18, 2021 Jkt 253001 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. 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; 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 00008 Fmt 4700 Sfmt 4700 • 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 April 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 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\19MRR1.SGM 19MRR1 14815 Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations humanitarian reasons or for other purposes in the national interest, permit the processing of travelers to the United States not engaged in ‘‘essential travel.’’ Final rule; technical amendments. ACTION: New Animal Drugs; Approval of New Animal Drug Applications; Changes of Sponsorship; Change of Sponsor’s Name and Address The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during July, August, and September 2020. FDA is informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to improve the accuracy and readability of the regulations. DATES: This rule is effective March 19, 2021. FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for Veterinary Medicine (HFV–6), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240–402–5689, george.haibel@fda.hhs.gov. SUPPLEMENTARY INFORMATION: Food and Drug Administration, Department of Health and Human Services (HHS). I. Approvals FDA is amending the animal drug regulations to reflect approval actions Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2021–05877 Filed 3–18–21; 8:45 am] BILLING CODE 9112–FP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510, 520, 522, 524, 529, 556, and 558 [Docket No. FDA–2020–N–0002] AGENCY: SUMMARY: for NADAs and ANADAs during July, August, and September 2020, as listed in table 1. In addition, FDA is informing the public of the availability, where applicable, of documentation of environmental review required under the National Environmental Policy Act (NEPA) and, for actions requiring review of safety or effectiveness data, summaries of the basis of approval (FOI Summaries) under the Freedom of Information Act (FOIA). These public documents may be seen in the office of the Dockets Management Staff (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday, 240–402–7500. Persons with access to the internet may obtain these documents at the CVM FOIA Electronic Reading Room: https:// www.fda.gov/about-fda/centerveterinary-medicine/cvm-foiaelectronic-reading-room. Marketing exclusivity and patent information may be accessed in FDA’s publication, Approved Animal Drug Products Online (Green Book) at: https://www.fda.gov/ animal-veterinary/products/approvedanimal-drug-products-green-book. jbell on DSKJLSW7X2PROD with RULES TABLE 1—ORIGINAL AND SUPPLEMENTAL NADAS AND ANADAS APPROVED DURING JULY, AUGUST, AND SEPTEMBER 2020 Species Effect of the action Public documents BRAVECTO 1-MONTH (furalaner) Chews for Dogs. Dogs ............... FOI Summary. Ceva Sante Animale, 10 Avenue de la Ballastie`re, 33500 Libourne, France. CARDALIS (spironolactone and benazepril hydrochloride chewable tablets). Dogs ............... Cronus Pharma Specialities India Private Ltd., Sy No-99/1, GMR Hyderabad Aviation SEZ Ltd., Mamidipalli Village, Shamshabad Mandal, Ranga Reddy, Hyderabad, Telangana, 501218, India. Dechra Veterinary Products LLC, 7015 College Blvd., Suite 525, Overland Park, KS 66211. Pharmgate LLC, 1800 Sir Tyler Dr., Wilmington, NC 28405. Carprofen Chewable Tablets. Dogs ............... Original approval for the treatment and prevention of flea infestations, and the treatment and control of tick infestations for 1 month in dogs and puppies. Original approval with concurrent therapy (e.g., furosemide, etc.) for the management of clinical signs of mild, moderate, or severe congestive heart failure in dogs due to atrioventricular valvular insufficiency (AVVI). Original approval as a generic copy of NADA 141–111. Carprofen Tablets ............ Dogs ............... Original approval as a generic copy of NADA 140–035. FOI Summary. MAXIBAN (naracin and nicarbazin) plus PENNITRACIN MD (bacitracin methylenedisalicylate) Type C medicated feeds. ZOASHIELD 25% (zoalene Type A medicated article). OVACYST (gonadorelin) Injectable Solution. Chickens ........ Original approval for increased rate of weight gain, improved feed efficiency, and for the prevention of coccidiosis in broiler chickens. FOI Summary. Chickens, turkeys. Original approval as a generic copy of NADA 141–218. FOI Summary. Cattle .............. Supplemental approval for fixed-time artificial insemination (FTAI) in beef cows and lactating dairy cows. FOI Summary. Approval date File No. July 9, 2020 .......... 141–532 Intervet, Inc., 2 Giralda Farms, Madison, NJ 07940. July 27, 2020 ........ 141–538 July 29, 2020 ........ 200–687 August 4, 2020 ..... 200–681 September 9, 2020 141–529 September 18, 2020. 200–690 September 28, 2020. 200–069 VerDate Sep<11>2014 Sponsor Pharmasone LLC, 1800 Sir Tyler Dr., Wilmington, NC 28405. Bimeda Animal Health Ltd., 1B The Herbert Building, The Park, Carrickmines, Dublin 18, Ireland. 16:22 Mar 18, 2021 Jkt 253001 PO 00000 Product name Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1 FOI Summary. FOI Summary.

Agencies

[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Rules and Regulations]
[Pages 14813-14815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05877]


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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 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 Daylight 
Time (EDT) on March 22, 2021 and will remain in effect until 11:59 p.m. 
EDT on April 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 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.\1\ The 
document described the developing circumstances regarding the COVID-19

[[Page 14814]]

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. EDT on March 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 10816 (Feb. 23, 2021); 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 10815 (Feb. 23, 2021); 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 March 7, 2021, there have been over 116.1 million 
confirmed cases globally, with over 2.5 million confirmed deaths.\3\ 
There have been over 29.2 million confirmed and probable cases within 
the United States,\4\ over 881,000 confirmed cases in Canada,\5\ and 
over 2.1 million confirmed cases in Mexico.\6\
---------------------------------------------------------------------------

    \3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly 
Epidemiological Update (Mar. 7, 2021), available at https://www.who.int/publications/m/item/weekly-epidemiological-update---10-march-2021.
    \4\ CDC, COVID Data Tracker (accessed Mar. 15, 2021), https://covid.cdc.gov/covid-data-tracker/#cases_casesper100klast7days.
    \5\ WHO, COVID-19 Weekly Epidemiological Update (Mar. 7, 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).
---------------------------------------------------------------------------

    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 
April 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

[[Page 14815]]

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. 2021-05877 Filed 3-18-21; 8:45 am]
BILLING CODE 9112-FP-P