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

As Enacted ( Federal Register)

Cited authorities 6

Cited in

Published date	22 April 2021
Citation	86 FR 21188
Record Number	2021-08484
Section	Rules and Regulations
Court	U.s. Customs And Border Protection

21188

Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations

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).

See 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

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).

WHO, Coronavirus disease 2019 (COVID–19)

Weekly Epidemiological Update (Apr. 13, 2021),

available at https://www.who.int/publications/m/

item/weekly-epidemiological-update-on-covid-19-

13-april-2021.

CDC, COVID Data Tracker (accessed Apr. 13,

2021), https://covid.cdc.gov/covid-data-tracker/

#cases_casesper100klast7days.

WHO, COVID–19 Weekly Epidemiological

Update (Apr. 13, 2021).

Id.

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).

Authority: 49 U.S.C. 106(f), 106(g); 40103,

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,

1959–1963 Comp., p. 389.

§ 71.1 [Amended]

■2. The incorporation by reference in

14 CFR 71.1 of FAA Order 7400.11E,

Airspace Designations and Reporting

Points, dated July 20, 2020, effective

September 15, 2020, is amended as

follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth.

* * * * *

ANE ME E5 Calais, ME [Corrected]

Calais Regional Heliport, ME

(Lat. 45°10′38″ N, long. 67°16′05″ W)

That airspace extending upward from 700

feet above the surface of the earth within a

6-mile radius of Calais Regional Heliport

excluding that airspace outside of the United

States.

Issued in College Park, Georgia, on April 2,

2021.

Andreese C. Davis,

Manager, Airspace & Procedures Team South,

Eastern Service Center, Air Traffic

Organization.

[FR Doc. 2021–08349 Filed 4–21–21; 8:45 am]

BILLING CODE 4910–13–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

AGENCY

: Office of the Secretary, U.S.

Department of Homeland Security; U.S.

Customs and Border Protection, U.S.

Department of Homeland Security.

ACTION

: Notification of continuation of

temporary travel restrictions.

SUMMARY

: This document announces the

decision of the Secretary of Homeland

Security (Secretary) to continue to

temporarily limit the travel of

individuals from 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 April 22, 2021 and will remain in

effect until 11:59 p.m. EDT on May 21,

2021.

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.

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 April 21, 2021.

DHS continues to monitor and

respond to the COVID–19 pandemic. As

of the week of April 12, 2021, there have

been over 135 million confirmed cases

globally, with over 2.9 million

confirmed deaths.

There have been

over 31 million confirmed and probable

cases within the United States,

over

one million confirmed cases in Canada,

and over 2.2 million confirmed cases in

Mexico.

Notice of Action

Given the outbreak and continued

transmission and spread of COVID–19

within the United States and globally,

the Secretary has determined that the

risk of continued transmission and

spread of the virus associated with

COVID–19 between the United States

and 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 the virus

associated with COVID–19 and places

the populace of both nations at

increased risk of contracting the virus

associated with 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 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),

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

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1

21189

Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations

DHS is working closely with counterparts in

Mexico and Canada to identify appropriate public

health conditions to safely ease restrictions in the

future and support U.S. border communities.

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).

See 86 FR 14813 (Mar. 19, 2021); 86 FR 10816

(Feb. 23, 2021); 86 FR 4967 (Jan. 19, 2021); 85 FR

83433 (Dec. 22, 2020); 85 FR 74604 (Nov. 23, 2020);

85 FR 67275 (Oct. 22, 2020); 85 FR 59669 (Sept. 23,

2020); 85 FR 51633 (Aug. 21, 2020); 85 FR 44183

(July 22, 2020); 85 FR 37745 (June 24, 2020); 85 FR

31057 (May 22, 2020); 85 FR 22353 (Apr. 22, 2020).

DHS also published parallel notifications of its

decisions to continue temporarily limiting the

travel of individuals from Canada into the United

States at land ports of entry along the United States-

Canada border to ‘‘essential travel.’’ See 86 FR

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).

WHO, Coronavirus disease 2019 (COVID–19)

Weekly Epidemiological Update (Apr. 13, 2021),

available at https://www.who.int/publications/m/

item/weekly-epidemiological-update-on-covid-19-

13-april-2021.

CDC, COVID Data Tracker (accessed Apr. 13,

2021), https://covid.cdc.gov/covid-data-tracker/

#cases_casesper100klast7days.

WHO, COVID–19 Weekly Epidemiological

Update (Apr. 13, 2021).

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 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 May 21,

2021. 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.’’

Alejandro N. Mayorkas,

Secretary, U.S. Department of Homeland

Security.

[FR Doc. 2021–08484 Filed 4–21–21; 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 Mexico

AGENCY

: Office of the Secretary, U.S.

Department of Homeland Security; U.S.

Customs and Border Protection, U.S.

Department of Homeland Security.

ACTION

: Notification of continuation of

temporary travel restrictions.

SUMMARY

: This document announces the

decision of the Secretary of Homeland

Security (Secretary) to continue to

temporarily limit the travel of

individuals from Mexico into the United

States at land ports of entry along the

United States-Mexico border. Such

travel will be limited to ‘‘essential

travel,’’ as further defined in this

document.

DATES

: These restrictions go into effect

at 12 a.m. Eastern Daylight Time (EDT)

on April 22, 2021 and will remain in

effect until 11:59 p.m. EDT on May 21,

2021.

FOR FURTHER INFORMATION CONTACT

Stephanie Watson, Office of Field

Operations Coronavirus Coordination

Cell, U.S. Customs and Border

Protection (CBP) at 202–325–0840.

SUPPLEMENTARY INFORMATION

Background

On March 24, 2020, DHS published

notice of its decision to temporarily

limit the travel of individuals from

Mexico into the United States at land

ports of entry along the United States-

Mexico border to ‘‘essential travel,’’ as

further defined in that document.

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 April 21, 2021.

DHS continues to monitor and

respond to the COVID–19 pandemic. As

of the week of April 12, 2021, there have

been over 135 million confirmed cases

globally, with over 2.9 million

confirmed deaths.

There have been

over 31 million confirmed and probable

cases within the United States,

over

one million confirmed cases in Canada,

VerDate Sep<11>2014 16:23 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1

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

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