Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 58216-58218 [2021-23005]
Download as PDF
<![CDATA[
jspears on DSK121TN23PROD with RULES1
58216
Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations
frequency exceeding 2.7 GHz up to and
including 2.9 GHz;
d.1.b. A peak saturated power output
greater than 55 W (47.4 dBm) at any
frequency exceeding 2.9 GHz up to and
including 3.2 GHz;
d.1.c. A peak saturated power output
greater than 40 W (46 dBm) at any frequency
exceeding 3.2 GHz up to and including 3.7
GHz; or
d.1.d. A peak saturated power output
greater than 20 W (43 dBm) at any frequency
exceeding 3.7 GHz up to and including 6.8
GHz;
d.2. Rated for operation at frequencies
exceeding 6.8 GHz up to and including 16
GHz with a ‘‘fractional bandwidth’’ greater
than 10%, and having any of the following:
d.2.a. A peak saturated power output
greater than 10W (40 dBm) at any frequency
exceeding 6.8 GHz up to and including 8.5
GHz; or
d.2.b. A peak saturated power output
greater than 5W (37 dBm) at any frequency
exceeding 8.5 GHz up to and including 16
GHz;
d.3. Rated for operation with a peak
saturated power output greater than 3 W
(34.77 dBm) at any frequency exceeding 16
GHz up to and including 31.8 GHz, and with
a ‘‘fractional bandwidth’’ of greater than
10%;
d.4. Rated for operation with a peak
saturated power output greater than 0.1n W
(-70 dBm) at any frequency exceeding 31.8
GHz up to and including 37 GHz;
d.5. Rated for operation with a peak
saturated power output greater than 1 W (30
dBm) at any frequency exceeding 37 GHz up
to and including 43.5 GHz, and with a
‘‘fractional bandwidth’’ of greater than 10%;
d.6. Rated for operation with a peak
saturated power output greater than 31.62
mW (15 dBm) at any frequency exceeding
43.5 GHz up to and including 75 GHz, and
with a ‘‘fractional bandwidth’’ of greater than
10%;
d.7. Rated for operation with a peak
saturated power output greater than 10 mW
(10 dBm) at any frequency exceeding 75 GHz
up to and including 90 GHz, and with a
‘‘fractional bandwidth’’ of greater than 5%; or
d.8. Rated for operation with a peak
saturated power output greater than 0.1 nW
(¥70 dBm) at any frequency exceeding 90
GHz;
e. ‘‘Technology’’ according to the General
Technology Note for the ‘‘development’’ or
‘‘production’’ of electronic devices and
circuits, ‘‘specially designed’’ for
telecommunications and containing
‘‘components’’ manufactured from
‘‘superconductive’’ materials, ‘‘specially
designed’’ for operation at temperatures
below the ‘‘critical temperature’’ of at least
one of the ‘‘superconductive’’ constituents
and having any of the following:
e.1. Current switching for digital circuits
using ‘‘superconductive’’ gates with a
product of delay time per gate (in seconds)
and power dissipation per gate (in watts) of
less than 10¥14 J; or
e.2. Frequency selection at all frequencies
using resonant circuits with Q-values
exceeding 10,000.
VerDate Sep<11>2014
16:29 Oct 20, 2021
Jkt 256001
17. In supplement no. 1 to part 774,
Category 5—Part 2, ECCN 5A004 is
revised to read as follows:
■
5A004 ‘‘Systems,’’ ‘‘equipment’’ and
‘‘components’’ for defeating, weakening
or bypassing ‘‘information security,’’ as
follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, AT, EI
Control(s)
NS applies to entire
entry.
AT applies to entire
entry.
EI applies to entire
entry.
Country chart
(See Supp. No. 1
to part 738)
NS Column 1.
AT Column 1.
*
Refer to § 742.15 of
the EAR.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
License Requirements Note: See § 744.17
of the EAR for additional license
requirements for microprocessors having a
processing speed of 5 GFLOPS or more and
an arithmetic logic unit with an access width
of 32 bit or more, including those
incorporating ‘‘information security’’
functionality, and associated ‘‘software’’ and
‘‘technology’’ for the ‘‘production’’ or
‘‘development’’ of such microprocessors.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: Yes: $500 for ‘‘components.’’
N/A for systems and equipment.
GBS: N/A
ENC: Yes for certain EI controlled
commodities. See § 740.17 of the EAR for
eligibility.
List of Items Controlled
Related Controls: ECCN 5A004.a controls
‘‘components’’ providing the means or
functions necessary for ‘‘information
security.’’ All such ‘‘components’’ are
presumptively ‘‘specially designed’’ and
controlled by 5A004.a. Defense articles
described in USML Category XI(b), and
software directly related to a defense
article, are ‘‘subject to the ITAR’’; see
§ 120.10(a)(4).
Related Definitions: N/A
Items:
a. Designed or modified to perform
‘cryptanalytic functions.’
Note: 5A004.a includes systems or
equipment, designed or modified to perform
‘cryptanalytic functions’ by means of reverse
engineering.
Technical Note: ‘Cryptanalytic functions’
are functions designed to defeat
cryptographic mechanisms in order to derive
confidential variables or sensitive data,
including clear text, passwords or
cryptographic keys.
b. Items, not specified by ECCNs 4A005 or
5A004.a, designed to perform all of the
following:
b.1. ‘Extract raw data’ from a computing or
communications device; and
b.2. Circumvent ‘‘authentication’’ or
authorisation controls of the device, in order
to perform the function described in
5A004.b.1.
PO 00000
Frm 00012
Fmt 4700
Technical Note: ‘Extract raw data’ from a
computing or communications device means
to retrieve binary data from a storage
medium, e.g., RAM, flash or hard disk, of the
device without interpretation by the device’s
operating system or filesystem.
Note 1: 5A004.b does not apply to systems
or equipment specially designed for the
‘‘development’’ or ‘‘production’’ of a
computing or communications device.
Note 2: 5A004.b does not include:
a. Debuggers, hypervisors;
b. Items limited to logical data extraction;
c. Data extraction items using chip-off or
JTAG; or
d. Items specially designed and limited to
jail-breaking or rooting.
Sfmt 4700
*
*
*
*
[FR Doc. 2021–22774 Filed 10–20–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel
Restrictions Applicable to Land Ports
of Entry and Ferries Service Between
the United States and Mexico
Office of the Secretary, 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 Notification announces
the decision of the Secretary of
Homeland Security (Secretary) to
continue to temporarily limit the nonessential travel of individuals from
Mexico into the United States at land
ports of entry along the United StatesMexico border. This Notification further
announces that the Secretary intends to
lift these limitations for individuals who
are fully vaccinated for COVID–19 (as
defined by the Centers for Disease
Control and Prevention) to align with
anticipated changes to international
travel by air.
DATES: This Notification goes into effect
at 12 a.m. Eastern Daylight Time (EDT)
on October 22, 2021 and will remain in
effect until 11:59 p.m. Eastern Standard
Time (EST) on January 21, 2022, 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.
SUMMARY:
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
jspears on DSK121TN23PROD with RULES1
Background
On March 24, 2020, DHS published
notice of its decision to temporarily
limit the travel of individuals from
Mexico into the United States at land
ports of entry along the United StatesMexico border to ‘‘essential travel,’’ as
further defined in that document.1 The
document described the developing
circumstances regarding the COVID–19
pandemic and stated that, given the
outbreak and continued transmission
and spread of the virus associated with
COVID–19 within the United States and
globally, DHS had determined that the
risk of continued transmission and
spread of the virus associated with
COVID–19 between the United States
and Mexico posed a ‘‘specific threat to
human life or national interests.’’ DHS
later published a series of notifications
continuing such limitations on travel
until 11:59 p.m. EDT on October 21,
2021.2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of October 13, 2021, there
have been over 237 million confirmed
cases globally, with over 4.8 million
confirmed deaths.3 There have been
over 44.4 million confirmed and
probable cases within the United
States,4 over 1.6 million confirmed
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 52609 (Sept. 22, 2021); 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 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 52611 (Sept. 22, 2021); 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
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 (Oct. 12, 2021),
available at Weekly operational update on COVID–
19—12 October 2021 (who.int) (accessed Oct. 13,
2021).
4 CDC, COVID Data Tracker: United States
COVID–19 Cases, Deaths, and Laboratory Testing
VerDate Sep<11>2014
16:29 Oct 20, 2021
Jkt 256001
cases in Canada,5 and over 3.7 million
confirmed cases in Mexico.6 DHS also
notes that the Delta variant has driven
an increase in cases, hospitalizations,
and deaths in the United States, Canada,
and Mexico in recent months.7
Notwithstanding these realities,
vaccines are effective against Delta and
other known variants, protecting people
from getting infected and severely ill, as
well as significantly reducing the
likelihood of hospitalization and death,
according to the CDC.8 As such, the
risks posed by and to fully vaccinated
travelers differ materially from those
posed by unvaccinated travelers. As a
result, in late September, the White
House COVID–19 Response Coordinator
indicated the United States plans to
revise standards and procedures for
incoming international air travel, so as
to enable the air travel of fully
vaccinated travelers beginning in early
November. On October 12, 2021, DHS
announced that it intends to do the
same with respect to travelers crossing
the land border from Mexico and
Canada, so as to align the treatment of
the land and air ports of entry and allow
those who are fully vaccinated for
COVID–19 to travel to the United States
for non-essential purposes.9
Therefore, this Notification extends
the limits on non-essential travel and
also announces the Secretary’s intent to
lift these restrictions for certain such
individuals who are fully vaccinated.
Notice of Action
Given the outbreak and continued
transmission and spread of COVID–19
within the United States and globally, I
have determined that the risk of
(NAATs) by State, Territory, and Jurisdiction, CDC
COVID Data Tracker. (accessed Oct.13, 2021).
5 WHO, Situation by Region, Country, Territory &
Area, available at https://covid19.who.int/table
(accessed Oct. 13, 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). 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
Aug. 16, 2021); Mexican Consortium of Genomic
Surveillance (CoViGen-Mex), Reportes, https://
mexcov2.ibt.unam.mx:8080/COVID–TRACKER/
(accessed Sept. 9, 2021).
8 What You Need to Know about Variants √ CDC
(accessed Oct. 13, 2021).
9 DHS Press Release, Secretary Mayorkas to Allow
Fully Vaccinated Travelers from Canada and
Mexico to Enter U.S. at Land Borders and Ferry
Crossings, www.dhs.gov/news/2021/10/12/
secretary-mayorkas-allow-fully-vaccinatedtravelers-canada-and-mexico-enter-us-land (last
accessed Oct. 14, 2021).
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
58217
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),10 I have
determined that land ports of entry
along the U.S.-Mexico border will
continue to suspend normal operations
and will only allow processing for entry
into the United States of those travelers
engaged in ‘‘essential travel,’’ as defined
below. Given the definition of ‘‘essential
travel’’ below, this temporary alteration
in land ports of entry operations should
not interrupt legitimate trade between
the two nations or disrupt critical
supply chains that ensure food, fuel,
medicine, and other critical materials
10 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\21OCR1.SGM
21OCR1
jspears on DSK121TN23PROD with RULES1
58218
Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations
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. EST on January
21, 2022. These restrictions also can be
modified by the Secretary at any point
prior to January 21, 2022 to allow nonessential travel through land ports of
entry and ferry terminals for individuals
who are fully vaccinated and have
appropriate proof of vaccination. Any
such modifications to the restrictions
will be accomplished via a posting o to
the DHS website (https://www.dhs.gov)
VerDate Sep<11>2014
16:29 Oct 20, 2021
Jkt 256001
and followed by a publication in the
Federal Register. Moreover, this
Notification may be amended or
rescinded prior to that time, based on
circumstances associated with the
specific threat.
The CBP Commissioner 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 including any appropriate
procedures regarding the lifting of
restrictions for fully vaccinated
travelers. 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. 2021–23005 Filed 10–20–21; 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 Notification announces
the decision of the Secretary of
Homeland Security (Secretary) to
continue to temporarily limit the nonessential travel of individuals from
Canada into the United States at land
ports of entry along the United StatesCanada border. This Notification further
announces that the Secretary intends to
lift these limitations for individuals who
are fully vaccinated for COVID–19 (as
defined by the Centers for Disease
Control and Prevention) to align with
anticipated changes to international
travel by air.
DATES: This notification goes into effect
at 12 a.m. Eastern Daylight Time (EDT)
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
on October 22, 2021 and will remain in
effect until 11:59 p.m. Eastern Standard
Time (EST) on January 21, 2022, 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 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 October 21,
2021.2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of October 13, 2021, there
have been over 237 million confirmed
cases globally, with over 4.8 million
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 52609 (Sept. 22, 2021); 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 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 52611 (Sept. 22, 2021); 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
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).
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Rules and Regulations]
[Pages 58216-58218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23005]
=======================================================================
-----------------------------------------------------------------------
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 Notification announces the decision of the Secretary of
Homeland Security (Secretary) to continue to temporarily limit the non-
essential travel of individuals from Mexico into the United States at
land ports of entry along the United States-Mexico border. This
Notification further announces that the Secretary intends to lift these
limitations for individuals who are fully vaccinated for COVID-19 (as
defined by the Centers for Disease Control and Prevention) to align
with anticipated changes to international travel by air.
DATES: This Notification goes into effect at 12 a.m. Eastern Daylight
Time (EDT) on October 22, 2021 and will remain in effect until 11:59
p.m. Eastern Standard Time (EST) on January 21, 2022, 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.
[[Page 58217]]
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 October
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 52609 (Sept. 22, 2021); 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
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 52611 (Sept. 22, 2021); 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 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 October 13, 2021, there have been over 237 million
confirmed cases globally, with over 4.8 million confirmed deaths.\3\
There have been over 44.4 million confirmed and probable cases within
the United States,\4\ over 1.6 million confirmed cases in Canada,\5\
and over 3.7 million confirmed cases in Mexico.\6\ DHS also notes that
the Delta variant has driven an increase in cases, hospitalizations,
and deaths in the United States, Canada, and Mexico in recent
months.\7\
---------------------------------------------------------------------------
\3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly
Epidemiological Update (Oct. 12, 2021), available at Weekly
operational update on COVID-19--12 October 2021 (who.int) (accessed
Oct. 13, 2021).
\4\ CDC, COVID Data Tracker: United States COVID-19 Cases,
Deaths, and Laboratory Testing (NAATs) by State, Territory, and
Jurisdiction, CDC COVID Data Tracker. (accessed Oct.13, 2021).
\5\ WHO, Situation by Region, Country, Territory & Area,
available at https://covid19.who.int/table (accessed Oct. 13, 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). 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 Aug. 16, 2021); Mexican
Consortium of Genomic Surveillance (CoViGen-Mex), Reportes, https://mexcov2.ibt.unam.mx:8080/COVID-TRACKER/ (accessed Sept. 9, 2021).
---------------------------------------------------------------------------
Notwithstanding these realities, vaccines are effective against
Delta and other known variants, protecting people from getting infected
and severely ill, as well as significantly reducing the likelihood of
hospitalization and death, according to the CDC.\8\ As such, the risks
posed by and to fully vaccinated travelers differ materially from those
posed by unvaccinated travelers. As a result, in late September, the
White House COVID-19 Response Coordinator indicated the United States
plans to revise standards and procedures for incoming international air
travel, so as to enable the air travel of fully vaccinated travelers
beginning in early November. On October 12, 2021, DHS announced that it
intends to do the same with respect to travelers crossing the land
border from Mexico and Canada, so as to align the treatment of the land
and air ports of entry and allow those who are fully vaccinated for
COVID-19 to travel to the United States for non-essential purposes.\9\
---------------------------------------------------------------------------
\8\ What You Need to Know about Variants CDC (accessed
Oct. 13, 2021).
\9\ DHS Press Release, Secretary Mayorkas to Allow Fully
Vaccinated Travelers from Canada and Mexico to Enter U.S. at Land
Borders and Ferry Crossings, www.dhs.gov/news/2021/10/12/secretary-mayorkas-allow-fully-vaccinated-travelers-canada-and-mexico-enter-us-land (last accessed Oct. 14, 2021).
---------------------------------------------------------------------------
Therefore, this Notification extends the limits on non-essential
travel and also announces the Secretary's intent to lift these
restrictions for certain such individuals who are fully vaccinated.
Notice of Action
Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, I have 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),\10\ I have determined that land ports
of entry along the U.S.-Mexico border will continue to suspend normal
operations and will only allow processing for entry into the United
States of those travelers engaged in ``essential travel,'' as defined
below. Given the definition of ``essential travel'' below, this
temporary alteration in land ports of entry operations should not
interrupt legitimate trade between the two nations or disrupt critical
supply chains that ensure food, fuel, medicine, and other critical
materials
[[Page 58218]]
reach individuals on both sides of the border.
---------------------------------------------------------------------------
\10\ 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. EST on
January 21, 2022. These restrictions also can be modified by the
Secretary at any point prior to January 21, 2022 to allow non-essential
travel through land ports of entry and ferry terminals for individuals
who are fully vaccinated and have appropriate proof of vaccination. Any
such modifications to the restrictions will be accomplished via a
posting o to the DHS website (https://www.dhs.gov) and followed by a
publication in the Federal Register. Moreover, this Notification may be
amended or rescinded prior to that time, based on circumstances
associated with the specific threat.
The CBP Commissioner 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 including any
appropriate procedures regarding the lifting of restrictions for fully
vaccinated travelers. 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. 2021-23005 Filed 10-20-21; 8:45 am]
BILLING CODE 9112-FP-P
