Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83433 

all officers, employees, and organizational units of 

the Department,’’ including the Commissioner of 

CBP. 6 U.S.C. 112(a)(3). 

8 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. 

1 85 FR 16547 (Mar. 24, 2020). That same day, 

DHS also published notice of the Secretary’s 

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). 

2See 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 the 

Secretary’s 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 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). 

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 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 

support federal, state, local, tribal, or 

territorial government efforts to respond 

to COVID–19 or other emergencies); 

• Individuals engaged in lawful crossborder 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 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 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. EST on January 

21, 2020. This Notification may be 

amended or rescinded prior to that time, 

based on circumstances associated with 

the specific threat.8

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.’’ 

The Acting Secretary of Homeland 

Security, Chad F. Wolf, having reviewed 

and approved this document, has 

delegated the authority to electronically 

sign this document to Chad R. Mizelle, 

who is the Senior Official Performing 

the Duties of the General Counsel for 

DHS, for purposes of publication in the 

Federal Register. 

Chad R. Mizelle, 

Senior Official Performing the Duties of the 

General Counsel, U.S. Department of 

Homeland Security. 

[FR Doc. 2020–28381 Filed 12–21–20; 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 Standard Time (EST) 

on December 22, 2020 and will remain 

in effect until 11:59 p.m. EST on 

January 21, 2020. 

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 the Secretary’s 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.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, 

the Secretary 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.’’ The 

Secretary later published a series of 

notifications continuing such 

limitations on travel until 11:59 p.m. 

EST on December 21, 2020.2

The Secretary has continued to 

monitor and respond to the COVID–19 


jbell on DSKJLSW7X2PROD with RULES
83434 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 

3WHO, Coronavirus disease 2019 (COVID–19) 

Weekly Epidemiological Update (Dec. 8, 2020), 

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

item/weekly-epidemiological-update-8-december2020. 

4CDC, COVID Data Tracker (accessed Dec. 10, 

2020), available at https://covid.cdc.gov/covid-datatracker/. 

5WHO, COVID–19 Weekly Epidemiological 

Update (Dec. 8, 2020). 

6 Id. 

7 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). 

8 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. 

pandemic. As of the week of December 

8, there have been over 65 million 

confirmed cases globally, with over 1.5 

million confirmed deaths.3 There have 

been over 15.2 million confirmed and 

probable cases within the United 

States,4 over 400,000 confirmed cases in 

Canada,5 and over 1.1 million 

confirmed cases in Mexico.6

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 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 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 Mexico, 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),7 I have 

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. 1318(b)(1)(C) and (b)(2), 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 COVID–19 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 

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. EST on January 

21, 2020. This Notification may be 

amended or rescinded prior to that time, 

based on circumstances associated with 

the specific threat.8

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.’’ 

The Acting Secretary of Homeland 

Security, Chad F. Wolf, having reviewed 

and approved this document, has 

delegated the authority to electronically 

sign this document to Chad R. Mizelle, 

who is the Senior Official Performing 

the Duties of the General Counsel for 

DHS, for purposes of publication in the 

Federal Register. 

Chad R. Mizelle, 

Senior Official Performing the Duties of the 

General Counsel, U.S. Department of 

Homeland Security. 

[FR Doc. 2020–28375 Filed 12–21–20; 8:45 am] 

BILLING CODE 9112–FP–P 


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