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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
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 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.
AGENCY:

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on July 22, 2021 and will remain in effect until 11:59 p.m. EDT on August 21, 2021, unless amended or rescinded prior to that time.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:
SUMMARY:

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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
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.

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later published a series of notifications continuing such limitations on travel until 11:59 p.m. EDT on July 21, 2021.2
DHS continues to monitor and respond to the COVID19 pandemic. As of the week of July 12, 2021, there have been over 186 million confirmed cases globally, with over 4 million confirmed deaths.3 There have been over 33.7
million confirmed and probable cases within the United States,4 over 1.4
million confirmed cases in Canada,5 and over 2.6 million confirmed cases in Mexico.6
DHS also notes positive developments in recent weeks. CDC reports that, as of July 15, over 336 million vaccine doses have been administered in the United 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
2 See 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 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/
diseases/novel-coronavirus-2019/situation-reports accessed July 15, 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 July 15, 2021.
5 WHO, Situation by Region, Country, Territory &
Area, available at https covid19.who.int/table accessed July 15, 2021.
6 Id.
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/

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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 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 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 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.
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 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.
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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