Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 46964-46966 [2021-18060]
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46964
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
Notice of Action
Given the outbreak and continued
transmission and spread of COVID–19
within the United States and globally,
the Secretary has determined that the
risk of continued transmission and
spread of the virus associated with
COVID–19 between the United States
and Mexico poses an ongoing ‘‘specific
threat to human life or national
interests.’’
In March 2020, U.S. and Mexican
officials mutually determined that nonessential travel between the United
States and Mexico posed additional risk
of transmission and spread of the virus
associated with COVID–19 and placed
the populace of both nations at
increased risk of contracting the virus
associated with COVID–19. Given the
sustained human-to-human
transmission of the virus, coupled with
risks posed by new variants, nonessential travel to the United States
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),9 I have
determined that land ports of entry
epidemiological-summary-covid-19cases.html#VOC (accessed Aug., 16, 2021). See
Government of Mexico, Ministry of Health, COVID–
19 National General Information, https://
datos.covid-19.conacyt.mx/#DOView (accessed
Aug. 16, 2021); Mexican Consortium of Genomic
Surveillance (CoViGen-Mex), Reportes, https://
mexcov2.ibt.unam.mx:8080/COVID-TRACKER/
(accessed Aug. 16, 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).
VerDate Sep<11>2014
16:11 Aug 20, 2021
Jkt 253001
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;
• 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
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temporary in nature and shall remain in
effect until 11:59 p.m. EDT on
September 21, 2021. This Notification
may be amended or rescinded prior to
that time, based on circumstances
associated with the specific threat. In
coordination with public health and
medical experts, DHS continues
working closely with its partners across
the United States and internationally to
determine how to safely and sustainably
resume normal travel.
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. 2021–18061 Filed 8–20–21; 8:45 am]
BILLING CODE 9112–FP–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel
Restrictions Applicable to Land Ports
of Entry and Ferries Service Between
the United States and 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 August 22, 2021, and will remain in
SUMMARY:
E:\FR\FM\23AUR1.SGM
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
effect until 11:59 p.m. EDT on
September 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:
jbell on DSKJLSW7X2PROD with RULES
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
later published a series of notifications
continuing such limitations on travel
until 11:59 p.m. EDT on August 21,
2021.2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of August 5, 2021, there
have been over 200 million confirmed
cases globally, with over 4 million
confirmed deaths.3 There have been
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 38556 (July 22, 2021); 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 38554 (July 22, 2021); 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/
VerDate Sep<11>2014
16:11 Aug 20, 2021
Jkt 253001
over 36.1 million confirmed and
probable cases within the United
States,4 over 1.4 million confirmed
cases in Canada,5 and over 2.9 million
confirmed cases in Mexico.6
DHS also notes that the Delta variant
is driving an increase in cases,
hospitalizations, and deaths in the
United States.7 Canada and Mexico are
also seeing increased case counts and
deaths.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 Canada poses an ongoing ‘‘specific
threat to human life or national
interests.’’
In March 2020, U.S. and Canadian
officials mutually determined that nonessential travel between the United
States and Canada posed additional risk
of transmission and spread of the virus
associated with COVID–19 and placed
the populace of both nations at
increased risk of contracting the virus
associated with COVID–19. Given the
sustained human-to-human
transmission of the virus, coupled with
risks posed by new variants, nonessential travel to the United States
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.
diseases/novel-coronavirus-2019/situation-reports
(accessed Aug. 11, 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 Aug. 11, 2021).
5 WHO, Situation by Region, Country, Territory &
Area, available at https://covid19.who.int/table
(accessed Aug. 11, 2021).
6 Id.
7 See CDC, Delta Variant: What We Know About
the Science, https://www.cdc.gov/coronavirus/
2019-ncov/variants/delta-variant.html (accessed
Aug. 16, 2021).
8 See Government of Canada, Coronavirus Disease
(COVID–19) For Health Professionals, https://
health-infobase.canada.ca/covid-19/
epidemiological-summary-covid-19cases.html#VOC (accessed Aug., 16, 2021). See
Government of Mexico, Ministry of Health, COVID–
19 National General Information, https://
datos.covid-19.conacyt.mx/#DOView (accessed
Aug. 16, 2021); Mexican Consortium of Genomic
Surveillance (CoViGen-Mex), Reportes, https://
mexcov2.ibt.unam.mx:8080/COVID–TRACKER/
(accessed Aug. 16, 2021).
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46965
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.
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
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\23AUR1.SGM
23AUR1
46966
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
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
September 21, 2021. This Notification
may be amended or rescinded prior to
that time, based on circumstances
associated with the specific threat. In
coordination with public health and
medical experts, DHS continues
working closely with its partners across
the United States and internationally to
determine how to safely and sustainably
resume normal travel.
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. 2021–18060 Filed 8–20–21; 8:45 am]
BILLING CODE 9112–FP–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0647]
RIN 1625–AA09
Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway, Point
Pleasant, NJ
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the regulation that governs the Route 88
(Veterans Memorial) Bridge and Route
13 (Lovelandtown) Bridge across the
NJICW at Point Pleasant Canal, mile 3.0
and 3.9, respectively at Point Pleasant,
NJ. The final rule allows the
drawbridges to be maintained in the
closed position overnight.
DATES: The rule is effective September
22, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0647. In the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. Mickey Sanders,
Bridge Administration Branch, Fifth
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
NJICW New Jersey Intracoastal Waterway
II. Background, Purpose and Legal
Basis
On March 26, 2021, we published a
noticed of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; New Jersey Intracoastal
Waterway, Point Pleasant, NJ in the
Federal Register (86 FR 16153). We
received no comments on this rule. The
Route 88 (Veterans Memorial) Bridge
across the NJICW at Point Pleasant
Canal, mile 3.0, at Point Pleasant, NJ,
has a vertical clearance of 10 feet above
mean high water in the closed-tonavigation position. The bridge
currently operates under 33 CFR 117.5.
The Route 13 (Lovelandtown) Bridge
across the NJICW at Point Pleasant
Canal, mile 3.9, at Point Pleasant, NJ,
has a vertical clearance of 30 feet above
mean high water in the closed-tonavigation position. The bridge
currently operates under 33 CFR 117.5.
The Point Pleasant Canal is used
predominately by recreational vessels
and pleasure craft. The three-year
average number of bridge openings,
maximum number of bridge openings,
and bridge openings between 11 p.m. to
7 a.m., by month and overall for August
2017, through August 2020, as drawn
from the data contained in the bridge
tender logs, is presented below. There is
a monthly average of two bridge
openings for each bridge, from 11 p.m.
to 7 a.m., from August 2017 to August
2020.
Average
openings
Month
jbell on DSKJLSW7X2PROD with RULES
District, U.S. Coast Guard, telephone
(757) 398–6587, email
Mickey.D.Sanders2@uscg.mil.
SUPPLEMENTARY INFORMATION:
January ............................................................................................................................................
February ...........................................................................................................................................
March ...............................................................................................................................................
April ..................................................................................................................................................
May ..................................................................................................................................................
June .................................................................................................................................................
July ...................................................................................................................................................
August ..............................................................................................................................................
September .......................................................................................................................................
October ............................................................................................................................................
November ........................................................................................................................................
December ........................................................................................................................................
VerDate Sep<11>2014
16:11 Aug 20, 2021
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E:\FR\FM\23AUR1.SGM
4
2
7
24
51
74
125
101
63
51
29
16
23AUR1
Maximum
openings
14
7
21
72
154
223
376
407
190
155
89
49
Average
openings
11 p.m.–7 a.m.
0
0
0
2
6
18
20
20
8
6
7
1
]]>Agencies
[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46964-46966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18060]
-----------------------------------------------------------------------
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 August 22, 2021, and will remain in
[[Page 46965]]
effect until 11:59 p.m. EDT on September 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 August
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 38556 (July 22, 2021); 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 38554 (July
22, 2021); 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 August 5, 2021, there have been over 200 million
confirmed cases globally, with over 4 million confirmed deaths.\3\
There have been over 36.1 million confirmed and probable cases within
the United States,\4\ over 1.4 million confirmed cases in Canada,\5\
and over 2.9 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 Aug. 11, 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 Aug. 11, 2021).
\5\ WHO, Situation by Region, Country, Territory & Area,
available at https://covid19.who.int/table (accessed Aug. 11, 2021).
\6\ Id.
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DHS also notes that the Delta variant is driving an increase in
cases, hospitalizations, and deaths in the United States.\7\ Canada and
Mexico are also seeing increased case counts and deaths.\8\
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\7\ See CDC, Delta Variant: What We Know About the Science,
https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html (accessed Aug. 16, 2021).
\8\ See Government of Canada, Coronavirus Disease (COVID-19) For
Health Professionals, https://health-infobase.canada.ca/covid-19/epidemiological-summary-covid-19-cases.html#VOC (accessed Aug., 16,
2021). See Government of Mexico, Ministry of Health, COVID-19
National General Information, https://datos.covid-19.conacyt.mx/#DOView (accessed Aug. 16, 2021); Mexican Consortium of Genomic
Surveillance (CoViGen-Mex), Reportes, https://
mexcov2.ibt.unam.mx:8080/COVID-TRACKER/ (accessed Aug. 16, 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.''
In March 2020, U.S. and Canadian officials mutually determined that
non-essential travel between the United States and Canada posed
additional risk of transmission and spread of the virus associated with
COVID-19 and placed the populace of both nations at increased risk of
contracting the virus associated with COVID-19. Given the sustained
human-to-human transmission of the virus, coupled with risks posed by
new variants, non-essential travel to the United States 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.
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\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
[[Page 46966]]
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
September 21, 2021. This Notification may be amended or rescinded prior
to that time, based on circumstances associated with the specific
threat. In coordination with public health and medical experts, DHS
continues working closely with its partners across the United States
and internationally to determine how to safely and sustainably resume
normal travel.
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. 2021-18060 Filed 8-20-21; 8:45 am]
BILLING CODE 9112-FP-P
