Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 14813-14815 [2021-05877]
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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.
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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
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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.
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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
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PO 00000
Product name
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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]
-----------------------------------------------------------------------
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.
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\7\ 19 U.S.C. 1318(b)(1)(C) provides that ``[n]otwithstanding
any other provision of law, the Secretary of the Treasury, when
necessary to respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific
threat to human life or national interests,'' is authorized to
``[t]ake any . . . action that may be necessary to respond directly
to the national emergency or specific threat.'' On March 1, 2003,
certain functions of the Secretary of the Treasury were transferred
to the Secretary of Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ``related to Customs revenue
functions'' were reserved to the Secretary of the Treasury. To the
extent that any authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated to the
Secretary of Homeland Security. See Treas. Dep't Order No. 100-16
(May 15, 2003), 68 FR 28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ``[n]otwithstanding any other provision of
law, the Commissioner of U.S. Customs and Border Protection, when
necessary to respond to a specific threat to human life or national
interests, is authorized to close temporarily any Customs office or
port of entry or take any other lesser action that may be necessary
to respond to the specific threat.'' Congress has vested in the
Secretary of Homeland Security the ``functions of all officers,
employees, and organizational units of the Department,'' including
the Commissioner of CBP. 6 U.S.C. 112(a)(3).
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For purposes of the temporary alteration in certain designated
ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and
(b)(2), travel through the land ports of entry and ferry terminals
along the United States-Mexico border shall be limited to ``essential
travel,'' which includes, but is not limited to--
U.S. citizens and lawful permanent residents returning to
the United States;
Individuals traveling for medical purposes (e.g., to
receive medical treatment in the United States);
Individuals traveling to attend educational institutions;
Individuals traveling to work in the United States (e.g.,
individuals working in the farming or agriculture industry who must
travel between the United States and Mexico in furtherance of such
work);
Individuals traveling for emergency response and public
health purposes (e.g., government officials or emergency responders
entering the United States to support federal, state, local, tribal, or
territorial government efforts to respond to COVID-19 or other
emergencies);
Individuals engaged in lawful cross-border trade (e.g.,
truck drivers supporting the movement of cargo between the United
States and Mexico);
Individuals engaged in official government travel or
diplomatic travel;
Members of the U.S. Armed Forces, and the spouses and
children of members of the U.S. Armed Forces, returning to the United
States; and
Individuals engaged in military-related travel or
operations.
The following travel does not fall within the definition of
``essential travel'' for purposes of this Notification--
Individuals traveling for tourism purposes (e.g.,
sightseeing, recreation, gambling, or attending cultural events).
At this time, this Notification does not apply to air, freight
rail, or sea travel between the United States and Mexico, but does
apply to passenger rail, passenger ferry travel, and pleasure boat
travel between the United States and Mexico. These restrictions are
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\
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\8\ DHS is working closely with counterparts in Mexico and
Canada to identify appropriate public health conditions to safely
ease restrictions in the future and support U.S. border communities.
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The Commissioner of U.S. Customs and Border Protection (CBP) is
hereby directed to prepare and distribute appropriate guidance to CBP
personnel on the continued implementation of the temporary measures set
forth in this Notification. The CBP Commissioner may determine that
other forms of travel, such as travel in furtherance of economic
stability or social order, constitute ``essential travel'' under this
Notification. Further, the CBP Commissioner may, on an individualized
basis and for
[[Page 14815]]
humanitarian reasons or for other purposes in the national interest,
permit the processing of travelers to the United States not engaged in
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``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