Notification of Termination of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 30033-30035 [2023-09948]

Download as PDF lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Rules and Regulations (5) Forest Service. (i) Civil penalty for willful disregard of the prohibition against the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(1)(A), has a maximum of $1,116,140 per violation or three times the gross value of the unprocessed timber, whichever is greater. (ii) Civil penalty for a violation in disregard of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified in 16 U.S.C. 620d(c)(2)(A)(i), has a maximum of $167,442 per violation. (iii) Civil penalty for a person that should have known that an action was a violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified at 16 U.S.C. 620d(c)(2)(A)(ii), has a maximum of $111,614 per violation. (iv) Civil penalty for a willful violation of the Forest Resources Conservation and Shortage Relief Act or the regulations that implement such Act regardless of whether such violation caused the export of unprocessed timber originating from Federal lands, codified in 16 U.S.C. 620d(c)(2)(A)(iii), has a maximum of $1,116,140. (v) Civil penalty for a violation involving protections of caves, codified at 16 U.S.C. 4307(a)(2), has a maximum of $24,393. (6) [Reserved] (7) Federal Crop Insurance Corporation. (i) Civil penalty for any person who willfully and intentionally provides any false or inaccurate information to the Federal Crop Insurance Corporation or to an approved insurance provider with respect to any insurance plan or policy that is offered under the authority of the Federal Crop Insurance Act, or who fails to comply with a requirement of the Federal Crop Insurance Corporation, codified in 7 U.S.C. 1515(h)(3)(A), has a maximum of the greater of: The amount of the pecuniary gain obtained as a result of the false or inaccurate information or the noncompliance; or $14,478. (ii) [Reserved] (8) Rural Housing Service. (i) Civil penalty for a violation of section 536 of Title V of the Housing Act of 1949, codified in 42 U.S.C. 1490p(e)(2), has a maximum of $237,267 in the case of an individual, and a maximum of $2,372,677 in the case of an applicant other than an individual. VerDate Sep<11>2014 16:04 May 09, 2023 Jkt 259001 (ii) Civil penalty for equity skimming under section 543(a) of the Housing Act of 1949, codified in 42 U.S.C. 1490s(a)(2), has a maximum of $42,818. (iii) Civil penalty under section 543b of the Housing Act of 1949 for a violation of regulations or agreements made in accordance with Title V of the Housing Act of 1949, by submitting false information, submitting false certifications, failing to timely submit information, failing to maintain real property in good repair and condition, failing to provide acceptable management for a project, or failing to comply with applicable civil rights laws and regulations, codified in 42 U.S.C. 1490s(b)(3)(A), has a maximum of the greater of: Twice the damages USDA, guaranteed lender, or project that is secured for a loan under Title V suffered or would have suffered as a result of the violation; or $85,636 per violation. (9) [Reserved] (10) Commodity Credit Corporation. (i) Civil penalty for willful failure or refusal to furnish information, or willful furnishing of false information under of section 156 of the Federal Agricultural Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $18,825 for each violation. (ii) Civil penalty for willful failure or refusal to furnish information or willful furnishing of false data by a processor, refiner, or importer of sugar, syrup and molasses under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $18,825 for each violation. (iii) Civil penalty for filing a false acreage report that exceeds tolerance under section 156 of the Federal Agriculture Improvement and Reform Act of 1996, codified at 7 U.S.C. 7272(g)(5), has a maximum of $18,825 for each violation. (iv) Civil penalty for knowingly violating any regulation of the Secretary of the Commodity Credit Corporation pertaining to flexible marketing allotments for sugar under section 359h(b) of the Agricultural Adjustment Act of 1938, codified at 7 U.S.C. 1359hh(b), has a maximum of $13,760 for each violation. (v) Civil penalty for knowing violation of regulations promulgated by the Secretary pertaining to cotton insect eradication under section 104(d) of the Agricultural Act of 1949, codified at 7 U.S.C. 1444a(d), has a maximum of $16,952 for each offense. (11) Office of the Secretary. (i) Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent claim as defined PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 30033 under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(1), has a maximum of $13,509. (ii) Civil penalty for making, presenting, submitting or causing to be made, presented or submitted, a false, fictitious, or fraudulent written statement as defined under the Program Fraud Civil Remedies Act of 1986, codified at 31 U.S.C. 3802(a)(2), has a maximum of $13,509. John Rapp, Director, Office of Budget and Program Analysis. [FR Doc. 2023–09912 Filed 5–9–23; 8:45 am] BILLING CODE 3410–90–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Chapter I RIN 1601–ZA20 Notification of Termination 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 termination of temporary travel restrictions. AGENCY: This Notification announces the decision of the Secretary of Homeland Security (‘‘Secretary’’), after consulting with interagency partners, to terminate temporary restrictions on travel by certain noncitizens into the United States at land ports of entry (‘‘land POEs’’), including ferry terminals, along the United StatesCanada border. Under the latest (April 22 2022) notice of the temporary restrictions, which applied only to noncitizens who are neither U.S. nationals nor lawful permanent residents (‘‘noncitizen non-LPRs’’), DHS allowed the processing for entry into the United States of only those noncitizen non-LPRs who were fully vaccinated against COVID–19 and could provide proof of being fully vaccinated against COVID–19 upon request at arrival. DHS is terminating these restrictions. DATES: The restrictions will cease to have effect as of 12:01 a.m. Eastern Daylight Time (EDT) on May 12, 2023. FOR FURTHER INFORMATION CONTACT: Stephanie E. Watson, Office of Field SUMMARY: E:\FR\FM\10MYR1.SGM 10MYR1 30034 Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Rules and Regulations Operations, U.S. Customs and Border Protection, 202–255–7018. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 Background On March 24, 2020, the Department of Homeland Security (‘‘DHS’’) published a Notification of its decision to temporarily limit the travel of certain noncitizen non-LPRs into the United States at land POEs along the United States-Canada border to ‘‘essential travel,’’ as further defined in that document.1 From March 2020 through October 2021, in consultation with interagency partners, DHS reevaluated and ultimately extended the restrictions on non-essential travel each month. On October 21, 2021, DHS extended the restrictions until 11:59 p.m. EST on January 21, 2022.2 In that document, DHS acknowledged that notwithstanding the continuing threat to human life or national interests posed by COVID–19—as well as then-recent increases in case levels, hospitalizations, and deaths due to the Delta variant—COVID–19 vaccines are effective against Delta and other known COVID–19 variants. These vaccines protect people from becoming infected with, and severely ill from, COVID–19 and significantly reduce the likelihood of hospitalization and death. DHS also acknowledged the White House COVID– 19 Response Coordinator’s September 2021 announcement regarding the United States’ plans to revise standards and procedures for incoming international air travel to enable the air travel of travelers fully vaccinated against COVID–19 beginning in early November 2021.3 DHS further stated that the Secretary intended to do the same with respect to certain travelers seeking to enter the United States from Mexico and Canada at land POEs to align the treatment of different types of travel and allow those who are fully vaccinated against COVID–19 to travel 1 85 FR 16548 (Mar. 24, 2020) That same day, DHS also published a Notification of its decision to temporarily limit the travel of certain noncitizen non-LPR persons into the United States at land POEs 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 58218 (Oct. 21, 2021) (extending restrictions for the United States-Canada border); 86 FR 58216 (Oct. 21, 2021) (extending restrictions for the United States-Mexico border). 3 See Press Briefing by Press Secretary Jen Psaki (Sept. 20, 2021), https://www.whitehouse.gov/ briefing-room/press-briefings/2021/09/20/pressbriefing-by-press-secretary-jen-psaki-september-202021/ (‘‘As was announced in a call earlier today . . . [w]e—starting in . . . early November [will] be putting in place strict protocols to prevent the spread of COVID–19 from passengers flying internationally into the United States by requiring that adult foreign nationals traveling to the United States be fully vaccinated.’’). VerDate Sep<11>2014 16:04 May 09, 2023 Jkt 259001 to the United States, whether for essential or non-essential reasons.4 On October 29, 2021, following additional announcements regarding changes to the international air travel policy by the President of the United States and CDC,5 DHS announced that beginning November 8, 2021, nonessential travel of noncitizen non-LPRs would be permitted through land POEs, provided that the traveler is fully vaccinated against COVID–19 and can provide proof of full COVID–19 vaccination status upon request.6 DHS also announced in October 2021 that beginning in January 2022, inbound noncitizen non-LPRs traveling to the United States via land POEs—whether for essential or non-essential reasons— would be required to be fully vaccinated against COVID–19 and provide proof of full COVID–19 vaccination status. In making this announcement, the Department provided fair notice of the anticipated changes, thereby allowing ample time for noncitizen non-LPR essential travelers to become fully vaccinated against COVID–19.7 On January 24, 2022, DHS announced the decision of the Secretary to temporarily restrict travel by noncitizen non-LPRs into the United States at land POEs along the United States borders 4 See 86 FR 58218; 86 FR 58216. to requirements for travel by air were implemented by, inter alia, Presidential Proclamation 10294 of October 25, 2021, 86 FR 59603 (Oct. 28, 2021) (‘‘Presidential Proclamation 10294’’), and a related CDC order, 86 FR 61224 (Nov. 5, 2021) (‘‘CDC Order’’). See also CDC, Requirement for Proof of Negative COVID–19 Test or Recovery from COVID–19 for All Air Passengers Arriving in the United States, https://www.cdc.gov/ quarantine/pdf/Global-Testing-Order-10-25-21p.pdf (Oct. 25, 2021); Requirement for Airlines and Operators to Collect Contact Information for All Passengers Arriving into the United States, https:// www.cdc.gov/quarantine/pdf/CDC-Global-ContactTracing-Order-10-25-2021-p.pdf (Oct. 25, 2021). CDC later amended its testing order following developments related to the Omicron variant. See CDC, Requirement for Proof of Negative COVID–19 Test Result or Recovery from COVID–19 for All Airline Passengers Arriving into the United States, https://www.cdc.gov/quarantine/pdf/AmendedGlobal-Testing-Order_12-02-2021-p.pdf (Dec. 2, 2021). 6 See 86 FR 72842 (Dec. 23, 2021) (describing the announcement with respect to Canada); 86 FR 72843 (Dec. 23, 2021) (describing the announcement with respect to Mexico). 7 See DHS, DHS Releases Details for Fully Vaccinated, Non-Citizen Travelers to Enter the U.S. at Land and Ferry Border Crossings, https:// www.dhs.gov/news/2021/10/29/dhs-releasesdetails-fully-vaccinated-non-citizen-travelers-enterus-land-and-ferry (Oct. 29, 2021); DHS, Fact Sheet: Guidance for Travelers to Enter the U.S. at Land Ports of Entry and Ferry Terminals, https:// www.dhs.gov/news/2021/10/29/fact-sheetguidance-travelers-enter-us-land-ports-entry-andferry-terminals (updated Jan. 20, 2022); see also DHS, Frequently Asked Questions: Guidance for Travelers to Enter the U.S., https://www.dhs.gov/ news/2021/10/29/frequently-asked-questionsguidance-travelers-enter-us (updated Jan. 20, 2022). 5 Changes PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 with Mexico and Canada by requiring proof of COVID–19 vaccination upon request at arrival, largely consistent with the limited exceptions then available with respect to COVID–19 vaccination in the international air travel context.8 On April 22, 2022, DHS announced the continuation of such restrictions until further notice.9 DHS cautioned that the restrictions addressed temporary conditions and may be amended or rescinded at any time, including to conform these restrictions to any intervening changes with respect to Presidential Proclamation 10294 and implementing CDC orders and consistent with the requirements of 19 U.S.C. 1318.10 DHS indicated that in conjunction with interagency partners, DHS will closely monitor the effect of the requirements discussed herein, and the Secretary will, as needed and warranted, exercise relevant authority in support of the U.S. national interest.11 On January 30, 2023, the Administration announced its intention to ‘‘extend the [COVID–19 national emergency and public health emergency] to May 11, [2023] and then end both emergencies on that date.’’ 12 Consistent with the Administration announcement, DHS has continued to closely monitor the travel requirements at land POEs, and the Secretary has considered the appropriate termination of those travel requirements pursuant to 19 U.S.C. 1318 in light of intervening changes to related Presidential and interagency assessments of COVID–19. Termination of the Public Health Emergency and Air Travel Restrictions On February 10, 2023, the White House announced that ‘‘we are in a different phase’’ of the response to the COVID–19 pandemic precipitating an orderly transition to end the national emergency declared in March 2020.13 While the spread of SARS–CoV–2, the virus that causes COVID–19, remains a 8 See 87 FR 3429 (Jan. 24, 2022) (Canada notice); 87 FR 3425 (Jan. 24, 2022) (parallel Mexico notice). 9 See 87 FR 24048 (Apr. 22, 2022) (Canada notice); 87 FR 24041 (Apr. 22, 2022) (parallel Mexico notice). 10 Id. 11 Id. 12 Office of Mgmt. & Budget, Exec. Office of the President, Statement of Administration Policy (Jan. 30, 2023), available at https://www.whitehouse.gov/ wp-content/uploads/2023/01/SAP-H.R.-382-H.J.Res.-7.pdf. 13 White House Notice on the Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID–19) Pandemic (Feb. 10, 2023), available at https://www.whitehouse.gov/briefingroom/presidential-actions/2023/02/10/notice-onthe-continuation-of-the-national-emergencyconcerning-the-coronavirus-disease-2019-covid-19pandemic-3/; see also 88 FR 9385 (Feb. 14, 2023) (providing Federal Register notice of same). E:\FR\FM\10MYR1.SGM 10MYR1 Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Rules and Regulations public health priority, based on current COVID–19 trends, the Department of Health and Human Services is planning for the federal Public Health Emergency for COVID–19, declared under Section 319 of the Public Health Service Act, to expire at the end of the day on May 11, 2023.14 On May 1, 2023, the White House announced the impending termination of COVID–19 air travel restrictions, effective at the end of the day on May 11, 2023.15 This Notification ensures that applicable restrictions at the land POEs terminate concurrent with the parallel air travel restrictions. Notice of Action In light of intervening changes in Presidential and interagency assessments of current trends in COVID–19, I have determined that it is no longer necessary to impose temporary restrictions on the processing of travelers to the United States at the United States-Canada border. I intend for this Notification to be given effect to the fullest extent allowed by law. In the event a court of competent jurisdiction stays, enjoins, or sets aside any aspect of this action, on its face or with respect to any person, entity, or class thereof, any portion of this action not determined by the court to be invalid or unenforceable should otherwise remain in effect. This action is not a rule subject to notice and comment under the Administrative Procedure Act. In addition, it is exempt from notice and comment requirements because it concerns ongoing discussions with Canada and Mexico on how best to control COVID–19 transmission over our shared borders and therefore directly ‘‘involve[s] . . . a . . . foreign affairs function of the United States.’’ 5 U.S.C. 553(a)(1). Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2023–09948 Filed 5–8–23; 8:45 am] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 9112–FP–P 14 Fact Sheet: COVID–19 Public Health Emergency Transition Roadmap (Feb. 9, 2023), available at https://www.hhs.gov/about/news/2023/ 02/09/fact-sheet-covid-19-public-health-emergencytransition-roadmap.html. 15 See The White House, Statements and Releases, The Biden-Harris Administration Will End COVID– 19 Vaccination Requirements for Federal Employees, Contractors, International Travelers, Head Start Educators, and CMS-Certified Facilities (May 1, 2023), available at https:// www.whitehouse.gov/briefing-room/statementsreleases/2023/05/01/the-biden-administration-willend-covid-19-vaccination-requirements-for-federalemployees-contractors-international-travelers-headstart-educators-and-cms-certified-facilities/ (last visited May 1, 2023). VerDate Sep<11>2014 16:04 May 09, 2023 Jkt 259001 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Chapter I RIN 1601–ZA21 Notification of Termination 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 termination of temporary travel restrictions. AGENCY: This Notification announces the decision of the Secretary of Homeland Security (‘‘Secretary’’), after consulting with interagency partners, to terminate temporary restrictions on travel by certain noncitizens into the United States at land ports of entry (‘‘land POEs’’), including ferry terminals, along the United StatesMexico border. Under the latest (April 22, 2022) notice of the temporary restrictions, which applied only to noncitizens who are neither U.S. nationals nor lawful permanent residents (‘‘noncitizen non-LPRs’’), DHS allowed the processing for entry into the United States of only those noncitizen non-LPRs who were fully vaccinated against COVID–19 and could provide proof of being fully vaccinated against COVID–19 upon request at arrival. DHS is terminating these restrictions. DATES: The restrictions will cease to have effect as of 12:01 a.m. Eastern Daylight Time (EDT) on May 12, 2023. FOR FURTHER INFORMATION CONTACT: Stephanie E. Watson, Office of Field Operations, U.S. Customs and Border Protection, 202–255–7018. SUPPLEMENTARY INFORMATION: SUMMARY: Background On March 24, 2020, the Department of Homeland Security (‘‘DHS’’) published a Notification of its decision to temporarily limit the travel of certain noncitizen non-LPRs into the United States at land POEs along the United States-Mexico border to ‘‘essential travel,’’ as further defined in that document.1 From March 2020 through 1 85 FR 16547 (Mar. 24, 2020). That same day, DHS also published a Notification of its decision to temporarily limit the travel of certain noncitizen non-LPR persons into the United States at land POEs along the United States-Canada border to ‘‘essential travel,’’ as further defined in that document. 85 FR 16548 (Mar. 24, 2020). PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 30035 October 2021, in consultation with interagency partners, DHS reevaluated and ultimately extended the restrictions on non-essential travel each month. On October 21, 2021, DHS extended the restrictions until 11:59 p.m. EST on January 21, 2022.2 In that document, DHS acknowledged that notwithstanding the continuing threat to human life or national interests posed by COVID–19—as well as then-recent increases in case levels, hospitalizations, and deaths due to the Delta variant—COVID–19 vaccines are effective against Delta and other known COVID–19 variants. These vaccines protect people from becoming infected with, and severely ill from, COVID–19 and significantly reduce the likelihood of hospitalization and death. DHS also acknowledged the White House COVID– 19 Response Coordinator’s September 2021 announcement regarding the United States’ plans to revise standards and procedures for incoming international air travel to enable the air travel of travelers fully vaccinated against COVID–19 beginning in early November 2021.3 DHS further stated that the Secretary intended to do the same with respect to certain travelers seeking to enter the United States from Mexico and Canada at land POEs to align the treatment of different types of travel and allow those who are fully vaccinated against COVID–19 to travel to the United States, whether for essential or non-essential reasons.4 On October 29, 2021, following additional announcements regarding changes to the international air travel policy by the President of the United States and CDC,5 DHS announced that 2 See 86 FR 58216 (Oct. 21, 2021) (extending restrictions for the United States-Mexico border); 86 FR 58218 (Oct. 21, 2021) (extending restrictions for the United States-Canada border). 3 See Press Briefing by Press Secretary Jen Psaki (Sept. 20, 2021), https://www.whitehouse.gov/ briefing-room/press-briefings/2021/09/20/pressbriefing-by-press-secretary-jen-psaki-september-202021/ (‘‘As was announced in a call earlier today . . . [w]e—starting in . . . early November [will] be putting in place strict protocols to prevent the spread of COVID–19 from passengers flying internationally into the United States by requiring that adult foreign nationals traveling to the United States be fully vaccinated.’’). 4 See 86 FR 58218; 86 FR 58216. 5 Changes to requirements for travel by air were implemented by, inter alia, Presidential Proclamation 10294 of October 25, 2021, 86 FR 59603 (Oct. 28, 2021) (‘‘Presidential Proclamation 10294’’), and a related CDC order, 86 FR 61224 (Nov. 5, 2021) (‘‘CDC Order’’). See also CDC, Requirement for Proof of Negative COVID–19 Test or Recovery from COVID–19 for All Air Passengers Arriving in the United States, https://www.cdc.gov/ quarantine/pdf/Global-Testing-Order-10-25-21p.pdf (Oct. 25, 2021); Requirement for Airlines and Operators to Collect Contact Information for All Passengers Arriving into the United States, https:// E:\FR\FM\10MYR1.SGM Continued 10MYR1

Agencies

[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Rules and Regulations]
[Pages 30033-30035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09948]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Chapter I

RIN 1601-ZA20


Notification of Termination 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 termination of temporary travel restrictions.

-----------------------------------------------------------------------

SUMMARY: This Notification announces the decision of the Secretary of 
Homeland Security (``Secretary''), after consulting with interagency 
partners, to terminate temporary restrictions on travel by certain 
noncitizens into the United States at land ports of entry (``land 
POEs''), including ferry terminals, along the United States-Canada 
border. Under the latest (April 22 2022) notice of the temporary 
restrictions, which applied only to noncitizens who are neither U.S. 
nationals nor lawful permanent residents (``noncitizen non-LPRs''), DHS 
allowed the processing for entry into the United States of only those 
noncitizen non-LPRs who were fully vaccinated against COVID-19 and 
could provide proof of being fully vaccinated against COVID-19 upon 
request at arrival. DHS is terminating these restrictions.

DATES: The restrictions will cease to have effect as of 12:01 a.m. 
Eastern Daylight Time (EDT) on May 12, 2023.

FOR FURTHER INFORMATION CONTACT: Stephanie E. Watson, Office of Field

[[Page 30034]]

Operations, U.S. Customs and Border Protection, 202-255-7018.

SUPPLEMENTARY INFORMATION:

Background

    On March 24, 2020, the Department of Homeland Security (``DHS'') 
published a Notification of its decision to temporarily limit the 
travel of certain noncitizen non-LPRs into the United States at land 
POEs along the United States-Canada border to ``essential travel,'' as 
further defined in that document.\1\ From March 2020 through October 
2021, in consultation with interagency partners, DHS reevaluated and 
ultimately extended the restrictions on non-essential travel each 
month.
---------------------------------------------------------------------------

    \1\ 85 FR 16548 (Mar. 24, 2020) That same day, DHS also 
published a Notification of its decision to temporarily limit the 
travel of certain noncitizen non-LPR persons into the United States 
at land POEs along the United States-Mexico border to ``essential 
travel,'' as further defined in that document. 85 FR 16547 (Mar. 24, 
2020).
---------------------------------------------------------------------------

    On October 21, 2021, DHS extended the restrictions until 11:59 p.m. 
EST on January 21, 2022.\2\ In that document, DHS acknowledged that 
notwithstanding the continuing threat to human life or national 
interests posed by COVID-19--as well as then-recent increases in case 
levels, hospitalizations, and deaths due to the Delta variant--COVID-19 
vaccines are effective against Delta and other known COVID-19 variants. 
These vaccines protect people from becoming infected with, and severely 
ill from, COVID-19 and significantly reduce the likelihood of 
hospitalization and death. DHS also acknowledged the White House COVID-
19 Response Coordinator's September 2021 announcement regarding the 
United States' plans to revise standards and procedures for incoming 
international air travel to enable the air travel of travelers fully 
vaccinated against COVID-19 beginning in early November 2021.\3\ DHS 
further stated that the Secretary intended to do the same with respect 
to certain travelers seeking to enter the United States from Mexico and 
Canada at land POEs to align the treatment of different types of travel 
and allow those who are fully vaccinated against COVID-19 to travel to 
the United States, whether for essential or non-essential reasons.\4\
---------------------------------------------------------------------------

    \2\ See 86 FR 58218 (Oct. 21, 2021) (extending restrictions for 
the United States-Canada border); 86 FR 58216 (Oct. 21, 2021) 
(extending restrictions for the United States-Mexico border).
    \3\ See Press Briefing by Press Secretary Jen Psaki (Sept. 20, 
2021), https://www.whitehouse.gov/briefing-room/press-briefings/2021/09/20/press-briefing-by-press-secretary-jen-psaki-september-20-2021/ (``As was announced in a call earlier today . . . [w]e--
starting in . . . early November [will] be putting in place strict 
protocols to prevent the spread of COVID-19 from passengers flying 
internationally into the United States by requiring that adult 
foreign nationals traveling to the United States be fully 
vaccinated.'').
    \4\ See 86 FR 58218; 86 FR 58216.
---------------------------------------------------------------------------

    On October 29, 2021, following additional announcements regarding 
changes to the international air travel policy by the President of the 
United States and CDC,\5\ DHS announced that beginning November 8, 
2021, non-essential travel of noncitizen non-LPRs would be permitted 
through land POEs, provided that the traveler is fully vaccinated 
against COVID-19 and can provide proof of full COVID-19 vaccination 
status upon request.\6\ DHS also announced in October 2021 that 
beginning in January 2022, inbound noncitizen non-LPRs traveling to the 
United States via land POEs--whether for essential or non-essential 
reasons--would be required to be fully vaccinated against COVID-19 and 
provide proof of full COVID-19 vaccination status. In making this 
announcement, the Department provided fair notice of the anticipated 
changes, thereby allowing ample time for noncitizen non-LPR essential 
travelers to become fully vaccinated against COVID-19.\7\
---------------------------------------------------------------------------

    \5\ Changes to requirements for travel by air were implemented 
by, inter alia, Presidential Proclamation 10294 of October 25, 2021, 
86 FR 59603 (Oct. 28, 2021) (``Presidential Proclamation 10294''), 
and a related CDC order, 86 FR 61224 (Nov. 5, 2021) (``CDC Order''). 
See also CDC, Requirement for Proof of Negative COVID-19 Test or 
Recovery from COVID-19 for All Air Passengers Arriving in the United 
States, https://www.cdc.gov/quarantine/pdf/Global-Testing-Order-10-25-21-p.pdf (Oct. 25, 2021); Requirement for Airlines and Operators 
to Collect Contact Information for All Passengers Arriving into the 
United States, https://www.cdc.gov/quarantine/pdf/CDC-Global-Contact-Tracing-Order-10-25-2021-p.pdf (Oct. 25, 2021). CDC later 
amended its testing order following developments related to the 
Omicron variant. See CDC, Requirement for Proof of Negative COVID-19 
Test Result or Recovery from COVID-19 for All Airline Passengers 
Arriving into the United States, https://www.cdc.gov/quarantine/pdf/Amended-Global-Testing-Order_12-02-2021-p.pdf (Dec. 2, 2021).
    \6\ See 86 FR 72842 (Dec. 23, 2021) (describing the announcement 
with respect to Canada); 86 FR 72843 (Dec. 23, 2021) (describing the 
announcement with respect to Mexico).
    \7\ See DHS, DHS Releases Details for Fully Vaccinated, Non-
Citizen Travelers to Enter the U.S. at Land and Ferry Border 
Crossings, https://www.dhs.gov/news/2021/10/29/dhs-releases-details-fully-vaccinated-non-citizen-travelers-enter-us-land-and-ferry (Oct. 
29, 2021); DHS, Fact Sheet: Guidance for Travelers to Enter the U.S. 
at Land Ports of Entry and Ferry Terminals, https://www.dhs.gov/news/2021/10/29/fact-sheet-guidance-travelers-enter-us-land-ports-entry-and-ferry-terminals (updated Jan. 20, 2022); see also DHS, 
Frequently Asked Questions: Guidance for Travelers to Enter the 
U.S., https://www.dhs.gov/news/2021/10/29/frequently-asked-questions-guidance-travelers-enter-us (updated Jan. 20, 2022).
---------------------------------------------------------------------------

    On January 24, 2022, DHS announced the decision of the Secretary to 
temporarily restrict travel by noncitizen non-LPRs into the United 
States at land POEs along the United States borders with Mexico and 
Canada by requiring proof of COVID-19 vaccination upon request at 
arrival, largely consistent with the limited exceptions then available 
with respect to COVID-19 vaccination in the international air travel 
context.\8\ On April 22, 2022, DHS announced the continuation of such 
restrictions until further notice.\9\ DHS cautioned that the 
restrictions addressed temporary conditions and may be amended or 
rescinded at any time, including to conform these restrictions to any 
intervening changes with respect to Presidential Proclamation 10294 and 
implementing CDC orders and consistent with the requirements of 19 
U.S.C. 1318.\10\ DHS indicated that in conjunction with interagency 
partners, DHS will closely monitor the effect of the requirements 
discussed herein, and the Secretary will, as needed and warranted, 
exercise relevant authority in support of the U.S. national 
interest.\11\
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    \8\ See 87 FR 3429 (Jan. 24, 2022) (Canada notice); 87 FR 3425 
(Jan. 24, 2022) (parallel Mexico notice).
    \9\ See 87 FR 24048 (Apr. 22, 2022) (Canada notice); 87 FR 24041 
(Apr. 22, 2022) (parallel Mexico notice).
    \10\ Id.
    \11\ Id.
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    On January 30, 2023, the Administration announced its intention to 
``extend the [COVID-19 national emergency and public health emergency] 
to May 11, [2023] and then end both emergencies on that date.'' \12\ 
Consistent with the Administration announcement, DHS has continued to 
closely monitor the travel requirements at land POEs, and the Secretary 
has considered the appropriate termination of those travel requirements 
pursuant to 19 U.S.C. 1318 in light of intervening changes to related 
Presidential and interagency assessments of COVID-19.
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    \12\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statement of Administration Policy (Jan. 30, 2023), available at 
https://www.whitehouse.gov/wp-content/uploads/2023/01/SAP-H.R.-382-H.J.-Res.-7.pdf.
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Termination of the Public Health Emergency and Air Travel Restrictions

    On February 10, 2023, the White House announced that ``we are in a 
different phase'' of the response to the COVID-19 pandemic 
precipitating an orderly transition to end the national emergency 
declared in March 2020.\13\ While the spread of SARS-CoV-2, the virus 
that causes COVID-19, remains a

[[Page 30035]]

public health priority, based on current COVID-19 trends, the 
Department of Health and Human Services is planning for the federal 
Public Health Emergency for COVID-19, declared under Section 319 of the 
Public Health Service Act, to expire at the end of the day on May 11, 
2023.\14\ On May 1, 2023, the White House announced the impending 
termination of COVID-19 air travel restrictions, effective at the end 
of the day on May 11, 2023.\15\ This Notification ensures that 
applicable restrictions at the land POEs terminate concurrent with the 
parallel air travel restrictions.
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    \13\ White House Notice on the Continuation of the National 
Emergency Concerning the Coronavirus Disease 2019 (COVID-19) 
Pandemic (Feb. 10, 2023), available at https://www.whitehouse.gov/briefing-room/presidential-actions/2023/02/10/notice-on-the-continuation-of-the-national-emergency-concerning-the-coronavirus-disease-2019-covid-19-pandemic-3/; see also 88 FR 9385 (Feb. 14, 
2023) (providing Federal Register notice of same).
    \14\ Fact Sheet: COVID-19 Public Health Emergency Transition 
Roadmap (Feb. 9, 2023), available at https://www.hhs.gov/about/news/2023/02/09/fact-sheet-covid-19-public-health-emergency-transition-roadmap.html.
    \15\ See The White House, Statements and Releases, The Biden-
Harris Administration Will End COVID-19 Vaccination Requirements for 
Federal Employees, Contractors, International Travelers, Head Start 
Educators, and CMS-Certified Facilities (May 1, 2023), available at 
https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/01/the-biden-administration-will-end-covid-19-vaccination-requirements-for-federal-employees-contractors-international-travelers-head-start-educators-and-cms-certified-facilities/ (last 
visited May 1, 2023).
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Notice of Action

    In light of intervening changes in Presidential and interagency 
assessments of current trends in COVID-19, I have determined that it is 
no longer necessary to impose temporary restrictions on the processing 
of travelers to the United States at the United States-Canada border. I 
intend for this Notification to be given effect to the fullest extent 
allowed by law. In the event a court of competent jurisdiction stays, 
enjoins, or sets aside any aspect of this action, on its face or with 
respect to any person, entity, or class thereof, any portion of this 
action not determined by the court to be invalid or unenforceable 
should otherwise remain in effect.
    This action is not a rule subject to notice and comment under the 
Administrative Procedure Act. In addition, it is exempt from notice and 
comment requirements because it concerns ongoing discussions with 
Canada and Mexico on how best to control COVID-19 transmission over our 
shared borders and therefore directly ``involve[s] . . . a . . . 
foreign affairs function of the United States.'' 5 U.S.C. 553(a)(1).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-09948 Filed 5-8-23; 8:45 am]
BILLING CODE 9112-FP-P
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