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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations effect until 11:59 p.m. EDT on September 21, 2021, unless amended or rescinded prior to that time.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 2023250840.
SUPPLEMENTARY INFORMATION:

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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 COVID19
pandemic and stated that, given the outbreak and continued transmission and spread of the virus associated with COVID19 within the United States and globally, DHS had determined that the risk of continued transmission and spread of the virus associated with COVID19 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 August 21, 2021.2
DHS continues to monitor and respond to the COVID19 pandemic. As of the week of August 5, 2021, there have been over 200 million confirmed cases globally, with over 4 million confirmed deaths.3 There have been 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 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 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 COVID19
Weekly Epidemiological Update June 8, 2021, available at https www.who.int/emergencies/

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over 36.1 million confirmed and probable cases within the United States,4 over 1.4 million confirmed cases in Canada,5 and over 2.9 million confirmed cases in Mexico.6
DHS also notes that the Delta variant is driving 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 COVID19
within the United States and globally, the Secretary has determined that the risk of continued transmission and spread of the virus associated with COVID19 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 COVID19 and placed the populace of both nations at increased risk of contracting the virus associated with COVID19. 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 COVID19.
Accordingly, and consistent with the authority granted in 19 U.S.C.
diseases/novel-coronavirus-2019/situation-reports accessed Aug. 11, 2021.
4 CDC, COVID Data Tracker: United States COVID19 Cases, Deaths, and Laboratory Testing NAATs by State, Territory, and Jurisdiction, https covid.cdc.gov/covid-data-tracker/cases_
casesper100klast7days accessed Aug. 11, 2021.
5 WHO, Situation by Region, Country, Territory &
Area, available at https covid19.who.int/table accessed Aug. 11, 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 Aug. 16, 2021.
8 See Government of Canada, Coronavirus Disease COVID19 For Health Professionals, https
health-infobase.canada.ca/covid-19/
epidemiological-summary-covid-19cases.htmlVOC accessed Aug., 16, 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/COVIDTRACKER/
accessed Aug. 16, 2021.

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1318b1C and b2,9 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. 1318b1C and b2, 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 9 19 U.S.C. 1318b1C provides that notwithstanding 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 take 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. 2022, 2031.
Under 6 U.S.C. 212a1, authorities related to Customs revenue functions were reserved to the Secretary of the Treasury. To the extent that any authority under section 1318b1 was reserved to the Secretary of the Treasury, it has been delegated to the Secretary of Homeland Security. See Treas.
Dept Order No. 10016 May 15, 2003, 68 FR
28322 May 23, 2003. Additionally, 19 U.S.C.
1318b2 provides that notwithstanding 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. 112a3.

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