Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 32764-32766 [2021-13238]

Download as PDF jbell on DSKJLSW7X2PROD with RULES 32764 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations against unreasonable risk of the occurrence of fire. The current Standard specifies as the ignition source cigarettes that are no longer being produced. In order for the Standard to continue to be effective (and for labs to test mattresses and mattress pads to determine whether they comply with the Standard), it is necessary to change the ignition source specification. Changing the ignition source to SRM 1196a, rather than FSC cigarettes, will ensure that testing is reliable and that results will not vary from one lab or manufacturer to another. Such variation would be likely if labs or manufacturers were able to use different ignition sources that have similar physical properties but different burning characteristics. The Commission finds that the amendment is needed to adequately protect the public against unreasonable risk of the occurrence of fire leading to death, personal injury or significant property damage. The amendment to the Standard is reasonable, technologically practicable, and appropriate. The amendment is based on technical research conducted by NIST and CPSC staff, which established that the SRM 1196a cigarette is capable of providing reliable and reproducible results in flammability testing of mattresses and mattress pads. The SRM 1196a ignition source represents an equivalent, safety-neutral ignition source for use in testing to establish compliance with the Standard. The Commission finds that the amendment is reasonable, technologically practicable and appropriate. The amendment to the Standard is limited to fabrics, related materials, and products that present an unreasonable risk. The amendment will continue to apply to the same products as the existing Standard, so the Commission finds that it is limited to fabrics, related materials, and products that present an unreasonable risk, and it is stated in objective terms. Voluntary standards. There is no applicable voluntary standard for mattresses. The rule amends an existing federal mandatory standard. Relationship of benefits to costs. Amending the Standard to specify SRM 1196a cigarettes as the ignition source allows testing to the Standard to continue without interruption, maintains the effectiveness of the Standard, and will not significantly increase testing costs to manufacturers and importers of mattresses and mattress pads. Both expected benefits and costs of the amendment are small. The effect on testing costs will be minor. Thus, the Commission finds that there VerDate Sep<11>2014 15:58 Jun 22, 2021 Jkt 253001 is a reasonable relationship between benefits and costs of the amendment. Least burdensome requirement. No other alternative would allow the Standard’s level of safety and effectiveness to continue. Thus, the Commission finds that the amendment imposes the least burdensome requirement that would adequately address the risk of injury. L. Conclusion List of Subjects in 16 CFR Part 1632 Consumer protection, Flammable materials, Labeling, Mattresses and mattress pads, Records, Textiles, Warranties. For the reasons given above, the Commission amends 16 CFR part 1632 as follows: PART 1632—STANDARD FOR THE FLAMMABILITY OF MATTRESSES AND MATTRESS PADS (FF 4–72, AMENDED) 1. The authority citation for part 1632 continues to read as follows: ■ Authority: 15 U.S.C. 1193, 1194; 15 U.S.C. 2079(b). 2. Revise § 1632.4(a)(2) to read as follows: ■ Mattress test procedure. (a) * * * (2) Ignition source. The ignition source shall be a Standard Reference Material cigarette (SRM 1196a), available for purchase from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899. * * * * * Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2021–13070 Filed 6–22–21; 8:45 am] BILLING CODE 6355–01–P PO 00000 Frm 00044 Fmt 4700 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, Department of Homeland Security; U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notification of continuation of temporary travel restrictions. AGENCY: For the reasons discussed above, the Commission finds that amending the mattress flammability standard (16 CFR part 1632) to specify SRM 1196a cigarettes as the ignition source is needed to adequately protect the public against the unreasonable risk of the occurrence of fire leading to death, injury, and significant property damage. The Commission also finds that the amendment to the Standard is reasonable, technologically practicable, and appropriate. The Commission further finds that the amendment is limited to the fabrics, related materials, and products that present such unreasonable risks. § 1632.4 DEPARTMENT OF HOMELAND SECURITY Sfmt 4700 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 June 22, 2021 and will remain in effect until 11:59 p.m. EDT on July 21, 2021, unless amended or rescinded prior to that time. 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 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). E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES later published a series of notifications continuing such limitations on travel until 11:59 p.m. EDT on June 21, 2021.2 DHS continues to monitor and respond to the COVID–19 pandemic. As of the week of June 14, 2021, there have been over 172 million confirmed cases globally, with over 3.7 million confirmed deaths.3 There have been over 33 million confirmed and probable cases within the United States,4 over 1.3 million confirmed cases in Canada,5 and over 2.4 million confirmed cases in Mexico.6 DHS also notes positive developments in recent weeks. CDC reports that, as of June 14, over 310 million vaccine doses have been administered in the United States and almost 55% of adults in the United States are fully vaccinated.7 On June 7, 2021, CDC moved Canada and Mexico from COVID–19 Level 4 (Very High) to Level 3 (High) in recognition of conditions that, while still requiring significant safeguards, are improving.8 2 See 86 FR 27802 (May 24, 2021); 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 27800 (May 24, 2021); 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 (June 8, 2021), available at https://www.who.int/emergencies/ diseases/novel-coronavirus-2019/situation-reports (accessed June 14, 2021). 4 CDC, COVID Data Tracker (accessed June 14, 2021), https://covid.cdc.gov/covid-data-tracker/ #cases_casesper100klast7days. 5 WHO, COVID–19 Weekly Epidemiological Update (June 8, 2021). 6 Id. 7 See CDC, COVID Data Tracker: COVID–19 Vaccinations in the United States (June 14, 2021), https://covid.cdc.gov/covid-data-tracker/ #vaccinations (accessed June 15, 2021). 8 See CDC, Travel Notice; COVID–19 in Canada (June 7, 2021), https://wwwnc.cdc.gov/travel/ notices/covid-4/coronavirus-canada (accessed June 10, 2021); CDC, Travel Notice: COVID–19 in Mexico (June 7, 2021), https://wwwnc.cdc.gov/travel/ notices/covid-4/coronavirus-mexico (accessed June 10, 2021). In addition, on June 8, 2021, the Department of State moved Canada and Mexico from Level 4 (Do Not Travel) to Level 3 (Reconsider Travel). See Department of State, Canada Travel Advisory (June 8, 2021), https://travel.state.gov/ content/travel/en/traveladvisories/traveladvisories/ canada-travel-advisory.html (accessed June 10, 2021); Department of State, Mexico Travel Advisory (June 8, 2021), https://travel.state.gov/content/ VerDate Sep<11>2014 15:58 Jun 22, 2021 Jkt 253001 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 threat to human life or national interests.’’ U.S. and Canadian officials have mutually determined that non-essential travel between the United States and Canada currently 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, coupled with risks posed by new variants, 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),9 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/en/traveladvisories/traveladvisories/mexicotravel-advisory.html (accessed June 10, 2021). 9 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 00045 Fmt 4700 Sfmt 4700 32765 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; • 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 July 21, 2021. This Notification may be amended or rescinded prior to that time, based on circumstances associated with the specific threat. Meanwhile, as part of an E:\FR\FM\23JNR1.SGM 23JNR1 32766 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations integrated U.S. government effort and guided by the objective analysis and recommendations of public health and medical experts, DHS is working closely with counterparts in Mexico and Canada to identify conditions under which restrictions may be eased safely and sustainably. 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. 2021–13238 Filed 6–21–21; 12:30 pm] 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, Department of Homeland Security; U.S. Customs and Border Protection, 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. jbell on DSKJLSW7X2PROD with RULES SUMMARY: These restrictions go into effect at 12 a.m. Eastern Daylight Time (EDT) on June 22, 2021 and will remain in effect until 11:59 p.m. EDT on July 21, 2021, unless amended or rescinded prior to that time. DATES: VerDate Sep<11>2014 15:58 Jun 22, 2021 Jkt 253001 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 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 June 21, 2021.2 DHS continues to monitor and respond to the COVID–19 pandemic. As of the week of June 14, 2021, there have been over 172 million confirmed cases globally, with over 3.7 million confirmed deaths.3 There have been over 33 million confirmed and probable cases within the United States,4 over 1.3 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 27800 (May 24, 2021); 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 27802 (May 24, 2021); 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 (June 8, 2021), available at https://www.who.int/emergencies/ diseases/novel-coronavirus-2019/situation-reports (accessed June 14, 2021). 4 CDC, COVID Data Tracker: United States COVID–19 Cases, Deaths, and Laboratory Testing PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 million confirmed cases in Canada,5 and over 2.4 million confirmed cases in Mexico.6 DHS also notes positive developments in recent weeks. CDC reports that, as of June 14, over 310 million vaccine doses have been administered in the United States and almost 55% of adults in the United States are fully vaccinated.7 On June 7, 2021, CDC moved Canada and Mexico from COVID–19 Level 4 (Very High) to Level 3 (High) in recognition of conditions that, while still requiring significant safeguards, are improving. 8 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 currently 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, coupled with risks posed by new variants, 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 (NAATs) by State, Territory, and Jurisdiction (June 13, 2021), https://covid.cdc.gov/covid-data-tracker/ #cases_casesper100klast7days (accessed June 14, 2021). 5 WHO, COVID–19 Weekly Epidemiological Update (June 8, 2021). 6 Id. 7 See CDC, COVID Data Tracker: COVID–19 Vaccinations in the United States (June 14, 2021), https://covid.cdc.gov/covid-data-tracker/ #vaccinations (accessed June 15, 2021). 8 See CDC, Travel Notice; COVID–19 in Canada (June 7, 2021), https://wwwnc.cdc.gov/travel/ notices/covid-4/coronavirus-canada (accessed June 10, 2021); CDC, Travel Notice: COVID–19 in Mexico (June 7, 2021), https://wwwnc.cdc.gov/travel/ notices/covid-4/coronavirus-mexico (accessed June 10, 2021). In addition, on June 8, 2021, the Department of State moved Canada and Mexico from Level 4 (Do Not Travel) to Level 3 (Reconsider Travel). See Department of State, Canada Travel Advisory (June 8, 2021), https://travel.state.gov/ content/travel/en/traveladvisories/traveladvisories/ canada-travel-advisory.html (accessed June 10, 2021); Department of State, Mexico Travel Advisory (June 8, 2021), https://travel.state.gov/content/ travel/en/traveladvisories/traveladvisories/mexicotravel-advisory.html (accessed June 10, 2021). E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Rules and Regulations]
[Pages 32764-32766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13238]


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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 Canada

AGENCY: Office of the Secretary, Department of Homeland Security; U.S. 
Customs and Border Protection, Department of Homeland Security.

ACTION: Notification of continuation of temporary travel restrictions.

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SUMMARY: 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 June 22, 2021 and will remain in effect until 11:59 p.m. 
EDT on July 21, 2021, unless amended or rescinded prior to that time.

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 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.\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

[[Page 32765]]

later published a series of notifications continuing such limitations 
on travel until 11:59 p.m. EDT on June 21, 2021.\2\
---------------------------------------------------------------------------

    \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).
    \2\ See 86 FR 27802 (May 24, 2021); 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 27800 (May 
24, 2021); 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).
---------------------------------------------------------------------------

    DHS continues to monitor and respond to the COVID-19 pandemic. As 
of the week of June 14, 2021, there have been over 172 million 
confirmed cases globally, with over 3.7 million confirmed deaths.\3\ 
There have been over 33 million confirmed and probable cases within the 
United States,\4\ over 1.3 million confirmed cases in Canada,\5\ and 
over 2.4 million confirmed cases in Mexico.\6\
---------------------------------------------------------------------------

    \3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly 
Epidemiological Update (June 8, 2021), available at https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports (accessed June 14, 2021).
    \4\ CDC, COVID Data Tracker (accessed June 14, 2021), https://covid.cdc.gov/covid-data-tracker/#cases_casesper100klast7days.
    \5\ WHO, COVID-19 Weekly Epidemiological Update (June 8, 2021).
    \6\ Id.
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    DHS also notes positive developments in recent weeks. CDC reports 
that, as of June 14, over 310 million vaccine doses have been 
administered in the United States and almost 55% of adults in the 
United States are fully vaccinated.\7\ On June 7, 2021, CDC moved 
Canada and Mexico from COVID-19 Level 4 (Very High) to Level 3 (High) 
in recognition of conditions that, while still requiring significant 
safeguards, are improving.\8\
---------------------------------------------------------------------------

    \7\ See CDC, COVID Data Tracker: COVID-19 Vaccinations in the 
United States (June 14, 2021), https://covid.cdc.gov/covid-data-tracker/#vaccinations (accessed June 15, 2021).
    \8\ See CDC, Travel Notice; COVID-19 in Canada (June 7, 2021), 
https://wwwnc.cdc.gov/travel/notices/covid-4/coronavirus-canada 
(accessed June 10, 2021); CDC, Travel Notice: COVID-19 in Mexico 
(June 7, 2021), https://wwwnc.cdc.gov/travel/notices/covid-4/coronavirus-mexico (accessed June 10, 2021). In addition, on June 8, 
2021, the Department of State moved Canada and Mexico from Level 4 
(Do Not Travel) to Level 3 (Reconsider Travel). See Department of 
State, Canada Travel Advisory (June 8, 2021), https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/canada-travel-advisory.html (accessed June 10, 
2021); Department of State, Mexico Travel Advisory (June 8, 2021), 
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/mexico-travel-advisory.html (accessed June 10, 
2021).
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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 Canada poses an 
ongoing ``specific threat to human life or national interests.''
    U.S. and Canadian officials have mutually determined that non-
essential travel between the United States and Canada currently 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, coupled with risks 
posed by new variants, 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),\9\ 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.
---------------------------------------------------------------------------

    \9\ 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-Canada border shall be limited to ``essential 
travel,'' which includes, but is not limited to--
     U.S. citizens and lawful permanent residents returning to 
the United States;
     Individuals traveling for medical purposes (e.g., to 
receive medical treatment in the United States);
     Individuals traveling to attend educational institutions;
     Individuals traveling to work in the United States (e.g., 
individuals working in the farming or agriculture industry who must 
travel between the United States and Canada in furtherance of such 
work);
     Individuals traveling for emergency response and public 
health purposes (e.g., government officials or emergency responders 
entering the United States to support federal, state, local, tribal, or 
territorial government efforts to respond to COVID-19 or other 
emergencies);
     Individuals engaged in lawful cross-border 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 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 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 
July 21, 2021. This Notification may be amended or rescinded prior to 
that time, based on circumstances associated with the specific threat. 
Meanwhile, as part of an

[[Page 32766]]

integrated U.S. government effort and guided by the objective analysis 
and recommendations of public health and medical experts, DHS is 
working closely with counterparts in Mexico and Canada to identify 
conditions under which restrictions may be eased safely and 
sustainably.
    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. 2021-13238 Filed 6-21-21; 12:30 pm]
BILLING CODE 9112-FP-P