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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations States and over 59% of adults in the United States are fully vaccinated.7 On June 7, 2021, CDC moved Canada and Mexico from COVID19 Level 4 Very High to Level 3 High in recognition of conditions that, while still requiring significant safeguards, are improving.8

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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 Mexico poses an ongoing specific threat to human life or national interests.
U.S. and Mexican officials have mutually determined that non-essential travel between the United States and Mexico currently poses additional risk of transmission and spread of the virus associated with COVID19 and places the populace of both nations at increased risk of contracting the virus associated with COVID19. Moreover, given the sustained human-to-human transmission of the virus, coupled with risks posed by new variants, returning to previous levels of travel between the two nations places the personnel staffing land ports of entry between the United States and Mexico, 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.
1318b1C and b2,9 I have 7 See CDC, COVID Data Tracker: COVID19
Vaccinations in the United States, https
covid.cdc.gov/covid-data-tracker/vaccinations accessed July 15, 2021.
8 See CDC, Travel Notice; COVID19 in Canada June 7, 2021, https wwwnc.cdc.gov/travel/
notices/covid-4/coronavirus-canada accessed June 10, 2021; CDC, Travel Notice: COVID19 in Mexico June 7, 2021, https wwwnc.cdc.gov/travel/
notices/covid-4/coronavirus-mexico accessed June 10, 2021. In addition, on June 8, 2021, the Department of State moved Canada and Mexico from Level 4 Do Not Travel to Level 3 Reconsider Travel. See Department of State, Canada Travel Advisory June 8, 2021, https travel.state.gov/
content/travel/en/traveladvisories/traveladvisories/
canada-travel-advisory.html accessed June 10, 2021; Department of State, Mexico Travel Advisory June 8, 2021, https travel.state.gov/content/
travel/en/traveladvisories/traveladvisories/mexicotravel-advisory.html accessed June 10, 2021.
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.

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determined that land ports of entry along the U.S.-Mexico 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 StatesMexico 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 Mexico 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 COVID19 or other emergencies;
Individuals engaged in lawful crossborder trade e.g., truck drivers supporting the movement of cargo between the United States and Mexico;
Individuals engaged in official government travel or diplomatic travel;
Members of the U.S. Armed Forces, and the spouses and children of 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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members of the U.S. Armed Forces, returning to the United States; and Individuals engaged in militaryrelated 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 Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico. These restrictions are temporary in nature and shall remain in effect until 11:59 p.m. EDT on August 21, 2021. This Notification may be amended or rescinded prior to that time, based on circumstances associated with the specific threat. Meanwhile, as part of an integrated U.S. government effort and guided by the objective analysis and recommendations of public health and medical experts, DHS is working closely with counterparts in Mexico and Canada to identify conditions under which restrictions may be eased safely and sustainably.
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. 202115574 Filed 72121; 8:45 am BILLING CODE 9112FPP

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