Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 38556-38557 [2021-15573]
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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
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 July 22, 2021 and will remain in
effect until 11:59 p.m. EDT on August
21, 2021, unless amended or rescinded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:
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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).
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15:56 Jul 21, 2021
Jkt 253001
later published a series of notifications
continuing such limitations on travel
until 11:59 p.m. EDT on July 21, 2021.2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of July 12, 2021, there have
been over 186 million confirmed cases
globally, with over 4 million confirmed
deaths.3 There have been over 33.7
million confirmed and probable cases
within the United States,4 over 1.4
million confirmed cases in Canada,5 and
over 2.6 million confirmed cases in
Mexico.6
DHS also notes positive developments
in recent weeks. CDC reports that, as of
July 15, over 336 million vaccine doses
have been administered in the United
States and over 59% 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 32764 (June 23, 2021); 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 32766 (June
23, 2021); 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 July 15, 2021).
4 CDC, COVID Data Tracker: United States
COVID–19 Cases, Deaths, and Laboratory Testing
(NAATs) by State, Territory, and Jurisdiction,
https://covid.cdc.gov/covid-data-tracker/#cases_
casesper100klast7days (accessed July 15, 2021).
5 WHO, Situation by Region, Country, Territory &
Area, available at https://covid19.who.int/table
(accessed July 15, 2021).
6 Id.
7 See CDC, COVID Data Tracker: COVID–19
Vaccinations in the United States, https://
covid.cdc.gov/covid-data-tracker/#vaccinations
(accessed July 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/
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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
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).
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).
E:\FR\FM\22JYR1.SGM
22JYR1
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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
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;
• 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 August
21, 2021. This Notification may be
VerDate Sep<11>2014
15:56 Jul 21, 2021
Jkt 253001
amended or rescinded prior to that time,
based on circumstances associated with
the specific threat. Meanwhile, as part
of an 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. 2021–15573 Filed 7–21–21; 8:45 am]
BILLING CODE 9112–FP–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Part 550
[Docket No.: BOEM 2021–0028]
RIN 1010–AE08
Maximum Daily Civil Penalty Amounts
for Violations of the Federal Oil and
Gas Royalty Management Act
Bureau of Ocean Energy
Management, Interior.
ACTION: Final rule.
AGENCY:
This final rule amends the
Bureau of Ocean Energy Management
(BOEM) regulations that set maximum
daily civil penalty (MDCP) amounts for
violations of the Federal Oil and Gas
Royalty Management Act (FOGRMA).
The amended BOEM regulations will
cross-reference regulations of the Office
of Natural Resources Revenue (ONRR)
that also set MDCP amounts for
FOGRMA violations. This crossreference will ensure consistency
between BOEM’s FOGRMA MDCP
amounts and ONRR’s FOGRMA MDCP
amounts. It will also ensure consistent
SUMMARY:
PO 00000
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Fmt 4700
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38557
compliance with the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Inflation
Adjustment Act) and related Office of
Management and Budget (OMB)
guidance, while reducing unnecessary
duplication of effort and costs to BOEM.
DATES: This rule is effective on July 22,
2021.
FOR FURTHER INFORMATION CONTACT:
Deanna Meyer-Pietruszka, Bureau of
Ocean Energy Management, Chief,
Office of Policy, Regulation and
Analysis, at deanna.meyer-pietruszka@
boem.gov or by mail to 1849 C Street
NW, Mail Stop 5238, Washington, DC
20240 or by calling (202) 208–6352.
SUPPLEMENTARY INFORMATION:
Background and Legal Authority
The Inflation Adjustment Act, Public
Law 114–74, sec. 701 (codified at 28
U.S.C. 2461 note), became law on
November 2, 2015. It required Federal
agencies to adjust the level of civil
monetary penalties imposed under each
agency’s regulations with an initial
‘‘catch-up’’ adjustment through
rulemaking, if warranted, and then to
make subsequent annual adjustments
for inflation. Agencies were required to
publish the initial annual inflation
adjustments in the Federal Register no
later than January 15, 2017, and are
required to publish annual adjustments
no later than January 15th of each
subsequent year. The purpose of these
inflation adjustments is to maintain the
deterrent effect of civil penalties and to
further the policy goals of the
underlying statutes that authorize the
penalties.
BOEM has authority to impose civil
penalties for violations of FOGRMA
under 30 U.S.C. 1719 and delegations of
authority by the Secretary of the
Interior. BOEM’s regulations
implementing its authority to impose
penalties under FOGRMA are found at
30 CFR 550.1450–.1477. Specifically,
BOEM may impose civil penalties under
FOGRMA—after providing notice of
noncompliance (NONC) and an
opportunity to correct the violation—for
noncompliance with any applicable
statute, regulation, order, or lease term
relating to any Federal oil or gas lease.
See 30 CFR 550.1451. BOEM may also
impose penalties under FOGRMA,
without providing prior notice or an
opportunity to correct the violation, for
the knowing or willful preparation,
maintenance, or submission of false,
inaccurate, or misleading written
information. See id. at 550.1460.
Sections 550.1453 and 550.1460 of
BOEM’s existing regulations specify the
MDCP amounts, as prescribed by
E:\FR\FM\22JYR1.SGM
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Agencies
[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38556-38557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15573]
[[Page 38556]]
-----------------------------------------------------------------------
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, 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 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 July 22, 2021 and will remain in effect until 11:59 p.m.
EDT on August 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 later published a series of notifications
continuing such limitations on travel until 11:59 p.m. EDT on July 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 32764 (June 23, 2021); 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 32766 (June 23, 2021); 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 July 12, 2021, there have been over 186 million
confirmed cases globally, with over 4 million confirmed deaths.\3\
There have been over 33.7 million confirmed and probable cases within
the United States,\4\ over 1.4 million confirmed cases in Canada,\5\
and over 2.6 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 July 15, 2021).
\4\ CDC, COVID Data Tracker: United States COVID-19 Cases,
Deaths, and Laboratory Testing (NAATs) by State, Territory, and
Jurisdiction, https://covid.cdc.gov/covid-data-tracker/#cases_casesper100klast7days (accessed July 15, 2021).
\5\ WHO, Situation by Region, Country, Territory & Area,
available at https://covid19.who.int/table (accessed July 15, 2021).
\6\ Id.
---------------------------------------------------------------------------
DHS also notes positive developments in recent weeks. CDC reports
that, as of July 15, over 336 million vaccine doses have been
administered in the United States and over 59% 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, https://covid.cdc.gov/covid-data-tracker/#vaccinations (accessed July 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).
---------------------------------------------------------------------------
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
[[Page 38557]]
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).
---------------------------------------------------------------------------
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
August 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 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. 2021-15573 Filed 7-21-21; 8:45 am]
BILLING CODE 9112-FP-P