Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 52611-52612 [2021-20344]
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Federal Register / Vol. 86, No. 181 / Wednesday, September 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 Mexico
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
ACTION: Notification of continuation of
temporary travel restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security (Secretary) to continue to
temporarily limit the travel of
individuals from Mexico into the United
States at land ports of entry along the
United States-Mexico border. Such
travel will be limited to ‘‘essential
travel,’’ as further defined in this
document.
DATES: These restrictions go into effect
at 12 a.m. Eastern Daylight Time (EDT)
on September 22, 2021 and will remain
in effect until 11:59 p.m. EDT on
October 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rescinded prior to that time.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
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
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).
VerDate Sep<11>2014
16:04 Sep 21, 2021
Jkt 253001
later published a series of notifications
continuing such limitations on travel
until 11:59 p.m. EDT on September 21,
2021.2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of September 5, 2021, there
have been over 220 million confirmed
cases globally, with over 4.5 million
confirmed deaths.3 There have been
over 40.3 million confirmed and
probable cases within the United
States,4 over 1.5 million confirmed
cases in Canada,5 and over 3.4 million
confirmed cases in Mexico.6
DHS also notes that the Delta variant
continues to drive an increase in cases,
hospitalizations, and deaths in the
United States.7 Canada and Mexico are
also seeing increased case counts and
deaths.8
2 See 86 FR 46963 (Aug. 23, 2021); 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 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 46964 (Aug.
23, 2021); 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).
3 WHO, Coronavirus disease 2019 (COVID–19)
Weekly Epidemiological Update (Sept. 7, 2021),
available at https://www.who.int/emergencies/
diseases/novel-coronavirus-2019/situation-reports
(accessed Sept. 9, 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 Sept. 9, 2021).
5 WHO, Situation by Region, Country, Territory &
Area, available at https://covid19.who.int/table
(accessed Sept. 9, 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
Sept. 9, 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 Sept. 9, 2021). See
Government of Mexico, Ministry of Health, COVID–
19 National General Information, https://
datos.covid-19.conacyt.mx/#DOView (accessed
Sept. 9, 2021); Mexican Consortium of Genomic
Surveillance (CoViGen-Mex), Reportes, https://
mexcov2.ibt.unam.mx:8080/COVID-TRACKER/
(accessed Sept. 9, 2021).
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
52611
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
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
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\22SER1.SGM
22SER1
52612
Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations
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
temporary in nature and shall remain in
effect until 11:59 p.m. EDT on October
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
VerDate Sep<11>2014
16:04 Sep 21, 2021
Jkt 253001
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. 2021–20344 Filed 9–21–21; 8:45 am]
BILLING CODE 9112–FP–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9954]
RIN 1545–BN80
Treatment of Distributions of Property
From a Corporation to a Shareholder
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document contains final
regulations under section 301 of the
Internal Revenue Code of 1986 (Code).
These regulations update existing
regulations under section 301 to reflect
statutory changes made by the
Technical and Miscellaneous Revenue
Act of 1988, which changes provide that
the amount of a distribution of property
made by a corporation to its shareholder
is the fair market value of the
distributed property. The regulations
affect shareholders that receive a
distribution of property from a
corporation.
DATES:
Effective date: These regulations are
effective on September 22, 2021.
Applicability date: For dates of
applicability, see § 1.301–1(f)(3), (m)(4),
and (n).
FOR FURTHER INFORMATION CONTACT: Grid
R. Glyer, (202) 317–6847 (not a toll-free
number).
SUMMARY:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
This document contains amendments
to 26 CFR part 1 under section 301 of
the Code relating to the treatment of
distributions of property from a
corporation to a shareholder. Section
301 provides rules for the treatment of
a distribution of property, including
money, made by a corporation to its
shareholder with respect to that
shareholder’s stock ownership in that
corporation (distribution).
Section 1006(e)(10) and (e)(11) of the
Technical and Miscellaneous Revenue
Act of 1988, Public Law 100–647, 102
Stat. 3342 (1988) (Act), amended section
301(b)(1) and (d), respectively (such
amendments, the 1988 Amendments).
Section 1019(a) of the Act provided that,
in general, the 1988 Amendments were
effective as if included in the Tax
Reform Act of 1986, Public Law 99–514,
100 Stat. 2085 (1986). Accordingly, the
1988 Amendments generally are
effective for taxable years beginning
after December 31, 1986.
As a result of the 1988 Amendments,
section 301(b)(1) provides that, for
purposes of section 301, the amount of
any distribution is the amount of money
received plus the fair market value of
the other property received. Section
301(d) provides that the basis of
property received in a distribution to
which section 301(a) applies is the fair
market value of such property.
The current regulations issued under
section 301 reflect the rules of sections
301(b)(1) and 301(d) as they existed
prior to the 1988 Amendments.
Accordingly, to the extent preempted by
statute, the current regulations have no
application.
A notice of proposed rulemaking
(REG–121694–16) published in the
Federal Register on March 26, 2019 (84
FR 11263) proposed to amend § 1.301–
1 to reflect the 1988 Amendments (2019
proposed regulations). The scope of the
2019 proposed regulations was limited
to (1) deleting provisions made obsolete
by statutory changes, (2) making minor
additions and revisions to reflect
current statutory text, and (3) making
certain non-substantive changes for
purposes of clarity and readability,
including reordering and redesignating
paragraphs. The 2019 proposed
regulations also amended crossreferences in §§ 1.356–1(f), 1.368–
2(m)(3)(iii), 1.902–1(a)(12), and 1.902–
3(a)(7) to reflect the proposed reordering
and redesignating of paragraphs in
§ 1.301–1. For further discussion of the
changes proposed to be made to
§ 1.301–1 by the 2019 proposed
E:\FR\FM\22SER1.SGM
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Agencies
[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Rules and Regulations]
[Pages 52611-52612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20344]
[[Page 52611]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel Restrictions Applicable to Land
Ports of Entry and Ferries Service Between the United States and Mexico
AGENCY: Office of the Secretary, U.S. Department of Homeland Security;
U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Notification of continuation of temporary travel restrictions.
-----------------------------------------------------------------------
SUMMARY: This document announces the decision of the Secretary of
Homeland Security (Secretary) to continue to temporarily limit the
travel of individuals from Mexico into the United States at land ports
of entry along the United States-Mexico border. Such travel will be
limited to ``essential travel,'' as further defined in this document.
DATES: These restrictions go into effect at 12 a.m. Eastern Daylight
Time (EDT) on September 22, 2021 and will remain in effect until 11:59
p.m. EDT on October 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 Mexico into the United
States at land ports of entry along the United States-Mexico border to
``essential travel,'' as further defined in that document.\1\ The
document described the developing circumstances regarding the COVID-19
pandemic and stated that, given the outbreak and continued transmission
and spread of the virus associated with COVID-19 within the United
States and globally, DHS had determined that the risk of continued
transmission and spread of the virus associated with COVID-19 between
the United States and Mexico posed a ``specific threat to human life or
national interests.'' DHS later published a series of notifications
continuing such limitations on travel until 11:59 p.m. EDT on September
21, 2021.\2\
---------------------------------------------------------------------------
\1\ 85 FR 16547 (Mar. 24, 2020). That same day, DHS also
published notice of its decision to temporarily limit the travel of
individuals from Canada into the United States at land ports of
entry along the United States-Canada border to ``essential travel,''
as further defined in that document. 85 FR 16548 (Mar. 24, 2020).
\2\ See 86 FR 46963 (Aug. 23, 2021); 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 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 46964 (Aug. 23, 2021); 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 continues to monitor and respond to the COVID-19 pandemic. As
of the week of September 5, 2021, there have been over 220 million
confirmed cases globally, with over 4.5 million confirmed deaths.\3\
There have been over 40.3 million confirmed and probable cases within
the United States,\4\ over 1.5 million confirmed cases in Canada,\5\
and over 3.4 million confirmed cases in Mexico.\6\
---------------------------------------------------------------------------
\3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly
Epidemiological Update (Sept. 7, 2021), available at https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports (accessed Sept. 9, 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 Sept. 9, 2021).
\5\ WHO, Situation by Region, Country, Territory & Area,
available at https://covid19.who.int/table (accessed Sept. 9, 2021).
\6\ Id.
---------------------------------------------------------------------------
DHS also notes that the Delta variant continues to drive an
increase in cases, hospitalizations, and deaths in the United
States.\7\ Canada and Mexico are also seeing increased case counts and
deaths.\8\
---------------------------------------------------------------------------
\7\ See CDC, Delta Variant: What We Know About the Science,
https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html (accessed Sept. 9, 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 Sept. 9,
2021). See Government of Mexico, Ministry of Health, COVID-19
National General Information, https://datos.covid-19.conacyt.mx/#DOView (accessed Sept. 9, 2021); Mexican Consortium of Genomic
Surveillance (CoViGen-Mex), Reportes, https://
mexcov2.ibt.unam.mx:8080/COVID-TRACKER/ (accessed Sept. 9, 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 Mexico poses an
ongoing ``specific threat to human life or national interests.''
In March 2020, U.S. and Mexican officials mutually determined that
non-essential 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, non-essential 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 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
[[Page 52612]]
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-Mexico border shall be limited to ``essential
travel,'' which includes, but is not limited to--
U.S. citizens and lawful permanent residents returning to
the United States;
Individuals traveling for medical purposes (e.g., to
receive medical treatment in the United States);
Individuals traveling to attend educational institutions;
Individuals traveling to work in the United States (e.g.,
individuals working in the farming or agriculture industry who must
travel between the United States and Mexico in furtherance of such
work);
Individuals traveling for emergency response and public
health purposes (e.g., government officials or emergency responders
entering the United States to support federal, state, local, tribal, or
territorial government efforts to respond to COVID-19 or other
emergencies);
Individuals engaged in lawful cross-border trade (e.g.,
truck drivers supporting the movement of cargo between the United
States and Mexico);
Individuals engaged in official government travel or
diplomatic travel;
Members of the U.S. Armed Forces, and the spouses and
children of members of the U.S. Armed Forces, returning to the United
States; and
Individuals engaged in military-related travel or
operations.
The following travel does not fall within the definition of
``essential travel'' for purposes of this Notification--
Individuals traveling for tourism purposes (e.g.,
sightseeing, recreation, gambling, or attending cultural events).
At this time, this Notification does not apply to air, freight
rail, or sea travel between the United States and Mexico, but does
apply to passenger rail, passenger ferry travel, and pleasure boat
travel between the United States and Mexico. These restrictions are
temporary in nature and shall remain in effect until 11:59 p.m. EDT on
October 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. 2021-20344 Filed 9-21-21; 8:45 am]
BILLING CODE 9112-FP-P