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

Citation86 FR 52609
Published date22 September 2021
Record Number2021-20343
SectionRules and Regulations
CourtU.s. Customs And Border Protection
52609
Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations
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 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 46963 (Aug.
23, 2021); 86 FR 38554 (July 22, 2021); 86 FR 32766
(June 23, 2021); 86 FR 27800 (May 24, 2021); 86 FR
21189 (Apr. 22, 2021); 86 FR 14813 (Mar. 19, 2021);
86 FR 10816 (Feb. 23, 2021); 86 FR 4969 (Jan. 19,
2021); 85 FR 83433 (Dec. 22, 2020); 85 FR 74604
(Nov. 23, 2020); 85 FR 67275 (Oct. 22, 2020); 85 FR
59669 (Sept. 23, 2020); 85 FR 51633 (Aug. 21,
2020); 85 FR 44183 (July 22, 2020); 85 FR 37745
(June 24, 2020); 85 FR 31057 (May 22, 2020); 85 FR
22353 (Apr. 22, 2020).
3
WHO, Coronavirus disease 2019 (COVID–19)
Weekly Epidemiological Update (Sept. 7, 2021),
Continued
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is minimal. Since this is a
routine matter that only affects air traffic
procedures an air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71 —DESIGNATION OF CLASS
A, B, C, D, AND E AIRSPACE AREAS;
AIR TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
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 JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
AEA NY D East Hampton, NY [Amended]
East Hampton Airport, NY
(Lat. 40°5734N, long. 72°1506W)
That airspace extending upward from the
surface up to and including 2,000 feet MSL
within a 4.2-mile radius of East Hampton
Airport. This Class D airspace area is
effective during specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6002 Class E Surface Airspace.
* * * * *
AEA NY E2 East Hampton, NY [New]
East Hampton Airport, NY
(Lat. 40°5734N, long. 72°1506W)
That airspace extending upward from the
surface within a 4.2-mile radius of East
Hampton Airport. This Class E airspace area
is effective during specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Issued in College Park, Georgia, on
September 15, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2021–20354 Filed 9–21–21; 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 September 22, 2021 and will remain
in effect until 11:59 p.m. EDT on
October 21, 2021, 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 September 21,
2021.
2
DHS continues to monitor and
respond to the COVID–19 pandemic. As
of the week of September 5, 2021, there
have been over 220 million confirmed
cases globally, with over 4.5 million
confirmed deaths.
3
There have been
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52610
Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations
available at https://www.who.int/emergencies/
diseases/novel-coronavirus-2019/situation-reports
(accessed Sept. 9, 2021).
4
CDC, COVID Data Tracker: United States
COVID–19 Cases, Deaths, and Laboratory Testing
(NAATs) by State, Territory, and Jurisdiction,
https://covid.cdc.gov/covid-data-tracker/#cases_
casesper100klast7days (accessed Sept. 9, 2021).
5
WHO, Situation by Region, Country, Territory &
Area, available at https://covid19.who.int/table
(accessed Sept. 9, 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).
8
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, http://
mexcov2.ibt.unam.mx:8080/COVID-TRACKER/
(accessed Sept. 9, 2021).
9
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).
over 40.3 million confirmed and
probable cases within the United
States,
4
over 1.5 million confirmed
cases in Canada,
5
and over 3.4 million
confirmed cases in Mexico.
6
DHS also notes that the Delta variant
continues to drive an increase in cases,
hospitalizations, and deaths in the
United States.
7
Canada and Mexico are
also seeing increased case counts and
deaths.
8
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.’’
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),
9
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.
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 October
21, 2021. This Notification may be
amended or rescinded prior to that time,
based on circumstances associated with
the specific threat. In coordination with
public health and medical experts, DHS
continues working closely with its
partners across the United States and
internationally to determine how to
safely and sustainably resume normal
travel.
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. 2021–20343 Filed 9–21–21; 8:45 am]
BILLING CODE 9112–FP–P
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