Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 58218-58220 [2021-23006]

Download as PDF 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 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations jspears on DSK121TN23PROD with RULES1 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 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 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-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). VerDate Sep<11>2014 16:29 Oct 20, 2021 Jkt 256001 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 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. 1318(b)(1)(C) and (b)(2),10 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 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). PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 58219 below. Given the definition of ‘‘essential travel’’ below, this temporary alteration in land ports of entry operations should not interrupt legitimate trade between the two nations or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the border. For purposes of the temporary alteration in certain designated ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and (b)(2), travel through the land ports of entry and ferry terminals along the United StatesCanada border shall be limited to ‘‘essential travel,’’ which includes, but is not limited to— • U.S. citizens and lawful permanent residents returning to the United States; • Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States); • Individuals traveling to attend educational institutions; • Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work); • Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID–19 or other emergencies); • Individuals engaged in lawful crossborder trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada); • Individuals engaged in official government travel or diplomatic travel; • Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and • Individuals engaged in militaryrelated travel or operations. The following travel does not fall within the definition of ‘‘essential travel’’ for purposes of this Notification— • Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events). At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Canada, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Canada. These restrictions are temporary in nature and shall remain in effect until 11:59 p.m. 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- E:\FR\FM\21OCR1.SGM 21OCR1 58220 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Rules and Regulations 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 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. 2021–23006 Filed 10–20–21; 8:45 am] BILLING CODE 9112–FP–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2021–0730] Special Local Regulations; Recurring Marine Events, Sector St. Petersburg Coast Guard, Department of Homeland Security (DHS). ACTION: Notification of enforcement of regulation. AGENCY: The Coast Guard will enforce a special local regulation for the OPA World Championships/Englewood Beach Waterfest event on November 19, 2021 through November 21, 2021, to provide for the safety of life on navigable waterways during this event. Our regulation for recurring marine events within Sector St. Petersburg identifies the regulated area for this event in Englewood, FL. During the enforcement periods, the operator of any jspears on DSK121TN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:29 Oct 20, 2021 Jkt 256001 vessel in the regulated area must comply with directions from the Patrol Commander or any designated representative. ENVIRONMENTAL PROTECTION AGENCY The regulations in 33 CFR 100.703, Table 1 to § 100.703, Line No. 9, will be enforced from 8:00 a.m. through 7:00 p.m., from November 19, 2021, through November 21, 2021. [EPA–R03–OAR–2020–0575; FRL–9061–02– R3] DATES: If you have questions about this notification of enforcement, call or email Marine Science Technician First Class Michael Shackleford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228–2191, email Michael.d.shackleford@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the special local regulation in 33 CFR 100.703, Table 1 to § 100.703, Line No. 9, for the OPA World Championships/Englewood Beach Waterfest regulated area from 8:00 a.m. to 7:00 p.m., each day from November 19, 2021 through November 21, 2021. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for recurring marine events, Sector St. Petersburg, § 100.703, Table 1 to § 100.703, Line No. 9, specifies the location of the regulated area for the OPA World Championships/ Englewood Beach Waterfest which encompasses portions of the Gulf of Mexico near Englewood, FL. During the enforcement periods, as reflected in § 100.703(c), if you are the operator of a vessel in the regulated area you must comply with directions from the Patrol Commander or any designated representative. In addition to this notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and/or marine information broadcasts. SUPPLEMENTARY INFORMATION: Dated: October 15, 2021. Matthew A. Thompson, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. [FR Doc. 2021–22983 Filed 10–20–21; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 40 CFR Part 52 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 2008 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving multiple state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for individual major sources of volatile organic compounds (VOC) and/or nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania’s conditionally approved RACT regulations. In this rule action, EPA is only approving source-specific RACT determinations (‘‘case-by-case’’ or alternative NOX emissions limits) for sources at nine major NOX and VOC emitting facilities located in Allegheny County. These RACT evaluations were submitted to meet RACT requirements for the 2008 8-hour ozone national ambient air quality standard (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA’s implementing regulations. SUMMARY: This final rule is effective on November 22, 2021. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2020–0575. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact DATES: E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Rules and Regulations]
[Pages 58218-58220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23006]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Chapter I


Notification of Temporary Travel Restrictions Applicable to Land 
Ports of Entry and Ferries Service Between the United States and Canada

AGENCY: Office of the Secretary, 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 Canada into the United States at 
land ports of entry along the United States-Canada 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.

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 October 
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 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

[[Page 58219]]

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 [bond] 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 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),\10\ 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.
---------------------------------------------------------------------------

    \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).
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    For purposes of the temporary alteration in certain designated 
ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and 
(b)(2), travel through the land ports of entry and ferry terminals 
along the United States-Canada border shall be limited to ``essential 
travel,'' which includes, but is not limited to--
     U.S. citizens and lawful permanent residents returning to 
the United States;
     Individuals traveling for medical purposes (e.g., to 
receive medical treatment in the United States);
     Individuals traveling to attend educational institutions;
     Individuals traveling to work in the United States (e.g., 
individuals working in the farming or agriculture industry who must 
travel between the United States and Canada in furtherance of such 
work);
     Individuals traveling for emergency response and public 
health purposes (e.g., government officials or emergency responders 
entering the United States to support federal, state, local, tribal, or 
territorial government efforts to respond to COVID-19 or other 
emergencies);
     Individuals engaged in lawful cross-border trade (e.g., 
truck drivers supporting the movement of cargo between the United 
States and Canada);
     Individuals engaged in official government travel or 
diplomatic travel;
     Members of the U.S. Armed Forces, and the spouses and 
children of members of the U.S. Armed Forces, returning to the United 
States; and
     Individuals engaged in military-related travel or 
operations.
    The following travel does not fall within the definition of 
``essential travel'' for purposes of this Notification--
     Individuals traveling for tourism purposes (e.g., 
sightseeing, recreation, gambling, or attending cultural events).
    At this time, this Notification does not apply to air, freight 
rail, or sea travel between the United States and Canada, but does 
apply to passenger rail, passenger ferry travel, and pleasure boat 
travel between the United States and Canada. These restrictions are 
temporary in nature and shall remain in effect until 11:59 p.m. 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-

[[Page 58220]]

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 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. 2021-23006 Filed 10-20-21; 8:45 am]
BILLING CODE 9112-FP-P

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