Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 27800-27802 [2021-10992]
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
categorical exclusion under the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and its implementing
regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and
Procedures, paragraph 5–6.5a, which
categorically excludes from further
environmental impact review
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points). As such, this action
is not expected to result in any
potentially significant environmental
impacts. In accordance with FAA Order
1050.1F, paragraph 5–2 regarding
Extraordinary Circumstances, the FAA
has reviewed this action for factors and
circumstances in which a normally
categorically excluded action may have
a significant environmental impact
requiring further analysis. The FAA has
determined that no extraordinary
circumstances exist that warrant
preparation of an environmental
assessment or environmental impact
study.
Airspace Designations and Reporting
Points, dated July 21, 2020 and effective
September 15, 2020, is amended as
follows:
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Paragraph 6009
Colored Federal Airways.
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[FR Doc. 2021–10898 Filed 5–21–21; 8:45 am]
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[Amended]
From Yakutat, AK, via Johnstone Point,
AK, INT Johnstone Point 291° and
Anchorage, AK, 125° radials; Anchorage, AK;
Sparrevohn, AK; Bethel, AK; Hooper Bay,
AK.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
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§ 71.1
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Paragraph 6011 United States Area
Navigation Routes.
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2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
■
VOR/DME
WP
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WP
WP
VOR/DME
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
58°59′39.24″
59°23′17.51″
59°42′50.93″
59°56′34.16″
60°26′40.04″
61°30′51.65″
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56°34′32.58″
56°51′33.87″
58°11′57.57″
59°00′21.35″
59°30′38.99″
60°15′29.17″
60°28′51.43″
61°10′04.32″
61°10′22.97″
61°08′13.91″
61°05′54.89″
60°52′41.05″
60°47′05.41″
60°26′40.04″
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131°34′42.24″
133°08′58.14″
134°52′46.97″
135°33′04.72″
137°31′12.45″
138°48′10.27″
139°38′53.26″
144°42′18.77″
146°35′57.61″
149°57′36.51″
151°14′08.30″
154°15′45.68″
155°38′04.49″
160°28′33.09″
161°49′27.59″
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Notification of continuation of
temporary travel restrictions.
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
U.S. Customs and Border Protection
SUMMARY:
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.
15:59 May 21, 2021
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1. The authority citation for part 71
continues to read as follows:
AGENCY:
VerDate Sep<11>2014
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Paragraph 6010 (b) Alaskan VOR Federal
Airways
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T–269 ANN to MKLUK [Amended]
ANNETTE ISLAND, AK (ANN) VOR/DME
TURTY, AK
WP
FIX
FLIPS, AK
BIORKA ISLAND, AK (BKA)
VORTAC
HAPIT, AK
WP
CENTA, AK
WP
YAKUTAT, AK (YAK)
VOR/DME
KATAT, AK
WP
JOHNSTONE POINT, AK (JOH) VOR/DME
ANCHORAGE, AK (TED)
VOR/DME
WP
YONEK, AK
VEILL, AK
WP
SPARREVOHN, AK (SQA)
VOR/DME
VIDDA, AK
WP
BETHEL, AK (BET)
VORTAC
MKLUK, AK
WP
Issued in Washington, DC, on May 18,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
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[Removed]
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PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
T–219 DLG to HPB [Amended]
DILLINGHAM, AK (DLG)
NACIP, AK
ACATE, AK
RUFVY, AK
MKLUK, AK
HOOPER BAY, AK (HPB)
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R–50
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
[Amended]
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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.
These restrictions go into effect
at 12 a.m. Eastern Daylight Time (EDT)
on May 22, 2021 and will remain in
DATES:
E:\FR\FM\24MYR1.SGM
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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
effect until 11:59 p.m. EDT on June 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
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On March 24, 2020, the Department of
Homeland Security (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
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 May 21, 2021.2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of May 10, 2021, there have
been over 157 million confirmed cases
globally, with over 3.2 million
confirmed deaths.3 There have been
over 32 million confirmed and probable
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 21189 (Apr. 22, 2021); 86 FR 14813
(Mar. 19, 2021); 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 21188 (Apr. 22, 2021); 86 FR
14812 (Mar. 19, 2021); 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 (May 11, 2021),
available at https://www.who.int/publications/m/
item/weekly-epidemiological-update-on-covid-1911-may-2021.
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15:59 May 21, 2021
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cases within the United States,4 over 1.2
million confirmed cases in Canada,5 and
over 2.3 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
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
4 CDC, COVID Data Tracker (accessed May 14,
2021), https://covid.cdc.gov/covid-data-tracker/
#cases_casesper100klast7days.
5 WHO, COVID–19 Weekly Epidemiological
Update (May 11, 2021).
6 Id. On April 20, 2021, the Department of State
issued Level 4 (Do Not Travel) Travel Advisories for
Canada and Mexico due to COVID–19. See
Department of State, Canada Travel Advisory (Apr.
20, 2021), https://travel.state.gov/content/travel/en/
traveladvisories/traveladvisories/canada-traveladvisory.html (accessed May 6, 2021); Department
of State, Mexico Travel Advisory (Apr. 20, 2021),
https://travel.state.gov/content/travel/en/travel
advisories/traveladvisories/mexico-traveladvisory.html (last visited May 6, 2021). On April
2, 2021, the CDC issued similar travel notices for
Canada and Mexico. See CDC, Travel Notice;
COVID–19 in Canada (Apr. 2, 2021), https://
wwwnc.cdc.gov/travel/notices/covid-4/coronaviruscanada (accessed May 6, 2021) (noting a very high
level of COVID–19 in Canada and advising that
travelers avoid all travel to Mexico); CDC, Travel
Notice: COVID–19 in Mexico (Apr. 2, 2021), https://
wwwnc.cdc.gov/travel/notices/covid-4/coronavirusmexico (accessed May 6, 2021) (noting a very high
level of COVID–19 in Mexico and advising that
travelers avoid all travel to Mexico).
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
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27801
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;
• 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;
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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Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
• 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 June 21,
2021. This Notification may be amended
or rescinded prior to that time, based on
circumstances associated with the
specific threat. DHS is working closely
with counterparts in Mexico and
Canada to identify appropriate public
health conditions to safely ease
restrictions as soon as possible to
support U.S. border communities.
The Commissioner of U.S. Customs
and Border Protection (CBP) is hereby
directed to prepare and distribute
appropriate guidance to CBP personnel
on the continued implementation of the
temporary measures set forth in this
Notification. The CBP Commissioner
may determine that other forms of
travel, such as travel in furtherance of
economic stability or social order,
constitute ‘‘essential travel’’ under this
Notification. Further, the CBP
Commissioner may, on an
individualized basis and for
humanitarian reasons or for other
purposes in the national interest, permit
the processing of travelers to the United
States not engaged in ‘‘essential travel.’’
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2021–10992 Filed 5–21–21; 8:45 am]
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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 Canada
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
ACTION: Notification of continuation of
temporary travel restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security (Secretary) to continue to
temporarily limit the travel of
individuals from Canada into the United
States at land ports of entry along the
United States-Canada border. Such
travel will be limited to ‘‘essential
travel,’’ as further defined in this
document.
DATES: These restrictions go into effect
at 12 a.m. Eastern Daylight Time (EDT)
on May 22, 2021 and will remain in
effect until 11:59 p.m. EDT on June 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, the Department of
Homeland Security (DHS) published
notice of its decision to temporarily
limit the travel of individuals from
Canada into the United States at land
ports of entry along the United StatesCanada border to ‘‘essential travel,’’ as
further defined in that document.1 The
document described the developing
circumstances regarding the COVID–19
pandemic and stated that, given the
outbreak and continued transmission
and spread of the virus associated with
COVID–19 within the United States and
globally, DHS had determined that the
risk of continued transmission and
spread of the virus associated with
COVID–19 between the United States
and Canada posed a ‘‘specific threat to
human life or national interests.’’ DHS
1 85 FR 16548 (Mar. 24, 2020). That same day,
DHS also published notice of its decision to
temporarily limit the travel of individuals from
Mexico into the United States at land ports of entry
along the United States-Mexico border to ‘‘essential
travel,’’ as further defined in that document. 85 FR
16547 (Mar. 24, 2020).
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later published a series of notifications
continuing such limitations on travel
until 11:59 p.m. EDT on May 21, 2021.2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of May 10, 2021, there have
been over 157 million confirmed cases
globally, with over 3.2 million
confirmed deaths.3 There have been
over 32 million confirmed and probable
cases within the United States,4 over 1.2
million confirmed cases in Canada,5 and
over 2.3 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
spread of the virus associated with
COVID–19 between the United States
and Canada poses an ongoing ‘‘specific
2 See 86 FR 21188 (Apr. 22, 2021); 86 FR 14812
(Mar. 19, 2021); 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 also published
parallel notifications of its decisions to continue
temporarily limiting the travel of individuals from
Mexico into the United States at land ports of entry
along the United States-Mexico border to ‘‘essential
travel.’’ See 86 FR 21189 (Apr. 22, 2021); 86 FR
14813 (Mar. 19, 2021); 86 FR 10816 (Feb. 23, 2021);
86 FR 4969 (Jan. 19, 2021); 85 FR 83433 (Dec. 22,
2020); 85 FR 74604 (Nov. 23, 2020); 85 FR 67275
(Oct. 22, 2020); 85 FR 59669 (Sept. 23, 2020); 85
FR 51633 (Aug. 21, 2020); 85 FR 44183 (July 22,
2020); 85 FR 37745 (June 24, 2020); 85 FR 31057
(May 22, 2020); 85 FR 22353 (Apr. 22, 2020).
3 WHO, Coronavirus disease 2019 (COVID–19)
Weekly Epidemiological Update (May 11, 2021),
available at https://www.who.int/publications/m/
item/weekly-epidemiological-update-on-covid-19--11-may-2021.
4 CDC, COVID Data Tracker (accessed May 14,
2021), https://covid.cdc.gov/covid-data-tracker/
#cases_casesper100klast7days.
5 WHO, COVID–19 Weekly Epidemiological
Update (May 11, 2021).
6 Id. On April 20, 2021, the Department of State
issued Level 4 (Do Not Travel) Travel Advisories for
Canada and Mexico due to COVID–19. See
Department of State, Canada Travel Advisory (Apr.
20, 2021), https://travel.state.gov/content/travel/en/
traveladvisories/traveladvisories/canada-traveladvisory.html (accessed May 6, 2021); Department
of State, Mexico Travel Advisory (Apr. 20, 2021),
https://travel.state.gov/content/travel/en/travel
advisories/traveladvisories/mexico-traveladvisory.html (last visited May 6, 2021). On April
2, 2021, the CDC issued similar travel notices for
Canada and Mexico. See CDC, Travel Notice;
COVID–19 in Canada (Apr. 2, 2021), https://
wwwnc.cdc.gov/travel/notices/covid-4/coronaviruscanada (accessed May 6, 2021) (noting a very high
level of COVID–19 in Canada and advising that
travelers avoid all travel to Mexico); CDC, Travel
Notice: COVID–19 in Mexico (Apr. 2, 2021), https://
wwwnc.cdc.gov/travel/notices/covid-4/coronavirusmexico (accessed May 6, 2021) (noting a very high
level of COVID–19 in Mexico and advising that
travelers avoid all travel to Mexico).
E:\FR\FM\24MYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Rules and Regulations]
[Pages 27800-27802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10992]
=======================================================================
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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 May 22, 2021 and will remain in
[[Page 27801]]
effect until 11:59 p.m. EDT on June 21, 2021.
FOR FURTHER INFORMATION CONTACT: Stephanie Watson, Office of Field
Operations Coronavirus Coordination Cell, U.S. Customs and Border
Protection (CBP) at 202-325-0840.
SUPPLEMENTARY INFORMATION:
Background
On March 24, 2020, the Department of Homeland Security (DHS)
published notice of its decision to temporarily limit the travel of
individuals from 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. EDT on May 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 21189 (Apr. 22, 2021); 86 FR 14813 (Mar. 19,
2021); 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 21188 (Apr. 22, 2021); 86
FR 14812 (Mar. 19, 2021); 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).
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DHS continues to monitor and respond to the COVID-19 pandemic. As
of the week of May 10, 2021, there have been over 157 million confirmed
cases globally, with over 3.2 million confirmed deaths.\3\ There have
been over 32 million confirmed and probable cases within the United
States,\4\ over 1.2 million confirmed cases in Canada,\5\ and over 2.3
million confirmed cases in Mexico.\6\
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\3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly
Epidemiological Update (May 11, 2021), available at https://www.who.int/publications/m/item/weekly-epidemiological-update-on-covid-19-11-may-2021.
\4\ CDC, COVID Data Tracker (accessed May 14, 2021), https://covid.cdc.gov/covid-data-tracker/#cases_casesper100klast7days.
\5\ WHO, COVID-19 Weekly Epidemiological Update (May 11, 2021).
\6\ Id. On April 20, 2021, the Department of State issued Level
4 (Do Not Travel) Travel Advisories for Canada and Mexico due to
COVID-19. See Department of State, Canada Travel Advisory (Apr. 20,
2021), https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/canada-travel-advisory.html (accessed May 6, 2021);
Department of State, Mexico Travel Advisory (Apr. 20, 2021), https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/mexico-travel-advisory.html (last visited May 6,
2021). On April 2, 2021, the CDC issued similar travel notices for
Canada and Mexico. See CDC, Travel Notice; COVID-19 in Canada (Apr.
2, 2021), https://wwwnc.cdc.gov/travel/notices/covid-4/coronavirus-canada (accessed May 6, 2021) (noting a very high level of COVID-19
in Canada and advising that travelers avoid all travel to Mexico);
CDC, Travel Notice: COVID-19 in Mexico (Apr. 2, 2021), https://wwwnc.cdc.gov/travel/notices/covid-4/coronavirus-mexico (accessed
May 6, 2021) (noting a very high level of COVID-19 in Mexico and
advising that travelers avoid all travel to Mexico).
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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;
[[Page 27802]]
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
June 21, 2021. This Notification may be amended or rescinded prior to
that time, based on circumstances associated with the specific threat.
DHS is working closely with counterparts in Mexico and Canada to
identify appropriate public health conditions to safely ease
restrictions as soon as possible to support U.S. border communities.
The Commissioner of U.S. Customs and Border Protection (CBP) is
hereby directed to prepare and distribute appropriate guidance to CBP
personnel on the continued implementation of the temporary measures set
forth in this Notification. The CBP Commissioner may determine that
other forms of travel, such as travel in furtherance of economic
stability or social order, constitute ``essential travel'' under this
Notification. Further, the CBP Commissioner may, on an individualized
basis and for humanitarian reasons or for other purposes in the
national interest, permit the processing of travelers to the United
States not engaged in ``essential travel.''
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-10992 Filed 5-21-21; 8:45 am]
BILLING CODE 9112-FP-P
