Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada
| Published date | 24 June 2020 |
| Record Number | 2020-13676 |
| Section | Rules and Regulations |
| Court | U.s. Customs And Border Protection |
Federal Register, Volume 85 Issue 122 (Wednesday, June 24, 2020)
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Rules and Regulations]
[Pages 37744-37745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13676]
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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.
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SUMMARY: This document announces the decision of the Secretary of
Homeland Security (Secretary) to continue to temporarily limit the
travel of individuals from Canada into the United States at land ports
of entry along the United States-Canada border. Such travel will be
limited to ``essential travel,'' as further defined in this document.
DATES: These restrictions go into effect at 12 a.m. Eastern Daylight
Time (EDT) on June 23, 2020 and will remain in effect until 11:59 p.m.
EDT on July 21, 2020.
FOR FURTHER INFORMATION CONTACT: Alyce Modesto, Office of Field
Operations, U.S. Customs and Border Protection (CBP) at 202-344-3788.
SUPPLEMENTARY INFORMATION:
Background
On March 24, 2020, DHS published notice of the Secretary's 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 COVID-19 within the United States and
globally, the Secretary had determined that the risk of continued
transmission and spread of COVID-19 between the United States and
Canada posed a ``specific threat to human life or national interests.''
The Secretary later published a series of notifications continuing such
limitations on travel until 11:59 p.m. EDT on June 22, 2020.\2\
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\1\ 85 FR 16548 (Mar. 24, 2020). That same day, DHS also
published notice of the Secretary's 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 85 FR 31059 (May 22, 2020); 85 FR 22352 (Apr. 22, 2020).
DHS also published parallel notifications of the Secretary's
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 85 FR 31057
(May 22, 2020); 85 FR 22353 (Apr. 22, 2020).
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The Secretary has continued to monitor and respond to the COVID-19
pandemic. As of June 18, there are over 8.2 million confirmed cases
globally, with over 445,000 confirmed deaths.\3\ There are over 2.1
million confirmed and probable cases within the United States,\4\ over
99,000 confirmed cases in Canada,\5\ and over 154,000 confirmed cases
in Mexico.\6\
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\3\ WHO, Coronavirus disease 2019 (COVID-19) Situation Report--
150 (June 18, 2020), available at https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200618-covid-19-sitrep-150.pdf?sfvrsn=aa9fe9cf_2.
\4\ CDC, Cases of COVID-19 in the U.S. (last updated June 17,
2020), available at https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html.
\5\ WHO, Coronavirus disease 2019 (COVID-19) Situation Report--
150 (June 18, 2020).
\6\ Id.
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Notice of Action
Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, the Secretary has determined
that the risk of continued transmission and spread of COVID-19 between
the United States and Canada poses an ongoing ``specific threat to
human life or national interests.''
U.S. and Canadian officials have mutually determined that non-
essential travel between the United States and Canada poses additional
risk of transmission and spread of COVID-19 and places the populace of
both nations at increased risk of contracting COVID-19. Moreover, given
the sustained human-to-human transmission of the virus, returning to
previous levels of travel between the two nations 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 COVID-19. Accordingly, and consistent
with the authority granted in 19 U.S.C. 1318(b)(1)(C) and (b)(2),\7\ I
have
[[Page 37745]]
determined that land ports of entry along the U.S.-Canada border will
continue to suspend normal operations and will only allow processing
for entry into the United States of those travelers engaged in
``essential travel,'' as defined below. Given the definition of
``essential travel'' below, this temporary alteration in land ports of
entry operations should not interrupt legitimate trade between the two
nations or disrupt critical supply chains that ensure food, fuel,
medicine, and other critical materials reach individuals on both sides
of the border.
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\7\ 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. EDT on
July 21, 2020. This Notification may be amended or rescinded prior to
that time, based on circumstances associated with the specific threat.
The Commissioner of U.S. Customs and Border Protection (CBP) is
hereby directed to prepare and distribute appropriate guidance to CBP
personnel on the continued implementation of the temporary measures set
forth in this Notification. The CBP Commissioner may determine that
other forms of travel, such as travel in furtherance of economic
stability or social order, constitute ``essential travel'' under this
Notification. Further, the CBP Commissioner may, on an individualized
basis and for humanitarian reasons or for other purposes in the
national interest, permit the processing of travelers to the United
States not engaged in ``essential travel.''
The Acting Secretary of Homeland Security, Chad F. Wolf, having
reviewed and approved this document, is delegating the authority to
electronically sign this document to Chad R. Mizelle, who is the Senior
Official Performing the Duties of the General Counsel for DHS, for
purposes of publication in the Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S.
Department of Homeland Security.
[FR Doc. 2020-13676 Filed 6-22-20; 11:15 am]
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