12534 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 

Country Entity License requirement License 

review policy Federal Register citation 

******

* * * * * 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2021–04505 Filed 3–2–21; 4:15 pm] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Chapter I 

Arrival Restrictions Applicable to 

Flights Carrying Persons Who Have 

Recently Traveled From or Were 

Otherwise Present Within the 

Democratic Republic of the Congo or 

the Republic of Guinea 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Announcement of arrival 

restrictions. 

SUMMARY: This document announces the 

decision of the Secretary of Homeland 

Security to direct all flights to the 

United States carrying persons who 

have recently traveled from, or were 

otherwise present within, the 

Democratic Republic of the Congo or the 

Republic of Guinea to arrive at one of 

the U.S. airports where the U.S. 

government is focusing public health 

resources to implement enhanced 

public health measures. For purposes of 

this document, a person has recently 

traveled from the Democratic Republic 

of the Congo or the Republic of Guinea 

if that person has departed from, or was 

otherwise present within, the 

Democratic Republic of the Congo or the 

Republic of Guinea within 21 days of 

the date of the person’s entry or 

attempted entry into the United States. 

Also, for purposes of this document, 

crew and flights carrying only cargo 

(i.e., no passengers or non-crew), are 

excluded from the measures herein. 

DATES: The arrival restrictions apply to 

flights departing after 11:59 p.m. Eastern 

Standard Time on March 4, 2021. 

Arrival restrictions continue until 

cancelled or modified by the Secretary 

of Homeland Security and notice of 

such cancellation or modification is 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alyce Modesto, Office of Field 

Operations, U.S. Customs and Border 

Protection at 202–286–8995. 

SUPPLEMENTARY INFORMATION: 

Background 

Ebola Virus Disease (EVD), caused by 

the virus family Filoviridae, is a severe 

and often fatal disease that can affect 

humans and non-human primates. 

Disease transmission occurs via direct 

contact with bodily fluids (e.g., blood, 

mucus, vomit, urine). The first known 

EVD outbreak occurred in 1976. From 

2013–2016, the largest EVD outbreak 

occurred in West Africa, primarily 

affecting Guinea, Liberia, and Sierra 

Leone, with cases exported to seven 

additional countries across three 

continents. The epidemic demonstrated 

the potential for EVD to become an 

international crisis in the absence of 

early intervention. Further, EVD can 

have substantial medical, public health, 

and economic consequences if it 

spreads to densely populated areas. As 

such, EVD may present a threat to U.S. 

health security given the unpredictable 

nature of outbreaks and the 

interconnectedness of countries through 

global travel. 

On February 7, 2021, the World 

Health Organization (WHO) reported the 

resurgence of EVD, following the 

laboratory confirmation of one case in 

North Kivu Province, in the Democratic 

Republic of the Congo (DRC). As of 

February 23, 2021, eight confirmed EVD 

cases, including four deaths, have been 

reported. Although the source of 

infection is still under investigation, it 

is believed this outbreak is linked to the 

2018–2020 EVD outbreak in the eastern 

DRC, the second largest EVD outbreak 

on record, which was officially declared 

over on June 25, 2020 by the WHO and 

the Ministry of Health in the DRC. 

On February 14, 2021, the WHO 

reported a new outbreak of EVD in the 

southern prefecture of Nze ́re ́kore ́, 

Guinea. The prefecture is located near 

the borders of Liberia and the Ivory 

Coast. As of February 23, 2021, Guinean 

officials have reported nine confirmed 

cases and at least five deaths. The WHO 

expects additional cases to be confirmed 

in the coming days and have warned six 

neighboring countries (Guinea-Bissau, 

Ivory Coast, Liberia, Mali, Senegal, and 

Sierra Leone) to be on alert for potential 

infections. 

In order to assist in preventing or 

limiting the introduction and spread of 

this communicable disease into the 

United States, the Departments of 

Homeland Security and Health and 

Human Services, including the Centers 

for Disease Control and Prevention 

(CDC), and other agencies charged with 

protecting the homeland and the 

American public, are currently 

implementing enhanced public health 

measures at six U.S. airports that receive 

the largest number of travelers from the 

DRC and the Republic of Guinea. To 

ensure that all travelers with recent 

presence in the affected countries arrive 

at one of these airports, DHS is directing 

all flights to the United States carrying 

such persons to arrive at the airports 

where the enhanced public health 

measures are being implemented. While 

DHS, in coordination with other 

applicable federal agencies, anticipates 

working with the air carriers in an 

endeavor to identify potential travelers 

from the affected countries prior to 

boarding, air carriers will remain 

obligated to comply with the 

requirement of this notice, particularly 

in the event that travelers who have 

recently traveled from or were otherwise 

present within, the affected countries 

are boarded on flights bound for the 

United States. 

Notice of Arrival Restrictions 

Applicable to All Flights Carrying 

Persons Who Have Recently Traveled 

From or Were Otherwise Present 

Within the Democratic Republic of the 

Congo or the Republic of Guinea 

Pursuant to 6 U.S.C. 112(a), 19 U.S.C. 

1433(c), and 19 CFR 122.32, DHS has 

the authority to limit the location where 

all flights entering the United States 

from abroad may land. Under this 

authority and effective for flights 

departing after 11:59 p.m. Eastern 

Standard Time on March 4, 2021, I 

hereby direct all operators of aircraft to 

ensure that all flights carrying persons 

who have recently traveled from, or 

were otherwise present within, the DRC 

or the Republic of Guinea only land at 

one of the following airports: 

• John F. Kennedy International 

Airport (JFK), New York; 

• Chicago O’Hare International 

Airport (ORD), Illinois; 

• Hartsfield-Jackson Atlanta 

International Airport (ATL), Georgia; 

• Washington-Dulles International 

Airport (IAD), Virginia; 


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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 12535 

• Newark Liberty International 

Airport (EWR), New Jersey; and 

• Los Angeles International Airport 

(LAX), California. 

This direction considers a person to 

have recently traveled from the DRC or 

the Republic of Guinea if that person 

departed from, or was otherwise present 

within, the DRC or the Republic of 

Guinea within 21 days of the date of the 

person’s entry or attempted entry into 

the United States. Also, for purposes of 

this document, crew and flights carrying 

only cargo (i.e., no passengers or noncrew), are excluded from the applicable 

measures set forth in this notification. 

This direction is subject to any changes 

to the airport landing destination that 

may be required for aircraft and/or 

airspace safety as directed by the 

Federal Aviation Administration. 

This list of designated airports may be 

modified by the Secretary of Homeland 

Security in consultation with the 

Secretary of Health and Human Services 

and the Secretary of Transportation. 

This list of designated airports may be 

modified by an updated publication in 

the Federal Register or by posting an 

advisory to follow at www.cbp.gov. The 

restrictions will remain in effect until 

superseded, modified, or revoked by 

publication in the Federal Register. 

For purposes of this Federal Register 

document, ‘‘United States’’ means the 

territory of the several States, the 

District of Columbia, and Puerto Rico. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2021–04594 Filed 3–2–21; 4:15 pm] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

29 CFR Parts 780, 788, and 795 

RIN 1235–AA34 

Independent Contractor Status Under 

the Fair Labor Standards Act (FLSA): 

Delay of Effective Date 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: Consistent with the 

Presidential directive as expressed in 

the memorandum of January 20, 2021, 

from the Assistant to the President and 

Chief of Staff, titled ‘‘Regulatory Freeze 

Pending Review,’’ this action finalizes 

the Department of Labor’s proposal to 

delay until May 7, 2021, the effective 

date of the rule titled Independent 

Contractor Status Under the Fair Labor 

Standards Act (‘‘Independent Contractor 

Rule’’ or ‘‘January 2021 Rule’’), which 

was published in the Federal Register 

on January 7, 2021, to allow the 

Department to review issues of law, 

policy, and fact raised by the rule before 

it takes effect. 

DATES: As of March 4, 2021, the 

effective date of the Independent 

Contractor Rule published January 7, 

2021 at 86 FR 1168 is delayed until May 

7, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Amy DeBisschop, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Copies of this final rule may 

be obtained in alternative formats (Large 

Print, Braille, Audio Tape or Disc), upon 

request, by calling (202) 693–0675 (this 

is not a toll-free number). TTY/TDD 

callers may dial toll-free 1–877–889– 

5627 to obtain information or request 

materials in alternative formats. 

Questions of interpretation or 

enforcement of the agency’s existing 

regulations may be directed to the 

nearest Wage and Hour Division 

(‘‘WHD’’) district office. Locate the 

nearest office by calling the WHD’s tollfree help line at (866) 4US–WAGE ((866) 

487–9243) between 8 a.m. and 5 p.m. in 

your local time zone, or log onto WHD’s 

website at https://www.dol.gov/ 

agencies/whd/contact/local-offices for a 

nationwide listing of WHD district and 

area offices. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 7, 2021, the U.S. 

Department of Labor (‘‘the Department’’) 

published the Independent Contractor 

Rule in the Federal Register with an 

effective date of March 8, 2021. See 86 

FR 1168. The Independent Contractor 

Rule would, among other actions, 

introduce into title 29 of the Code of 

Federal Regulations a new part (part 

795) titled ‘‘Employee or Independent 

Contractor Classification Under the Fair 

Labor Standards Act.’’ See id. In a 

memorandum dated January 20, 2021, 

and titled ‘‘Regulatory Freeze Pending 

Review,’’ published in the Federal 

Register on January 28, 2021 (86 FR 

7424) (‘‘Regulatory Freeze 

Memorandum’’), the Assistant to the 

President and Chief of Staff, on behalf 

of the President, directed the heads of 

Executive Departments and Agencies to 

consider delaying the effective dates of 

all regulations that had been published 

in the Federal Register but had not yet 

taken effect. The Independent 

Contractor Rule fell within this 

category. The Regulatory Freeze 

Memorandum states that the purpose of 

such delays is for agencies to review any 

questions of fact, law, and policy that 

the rules may raise, noting certain 

exceptions that do not apply to the 

Independent Contractor Rule. On 

January 20, 2021, the Office of 

Management and Budget (OMB) also 

published OMB Memorandum M–21– 

14, Implementation of Memorandum 

Concerning Regulatory Freeze Pending 

Review, which provides guidance 

regarding the Regulatory Freeze 

Memorandum. See OMB Memorandum 

M–21–14, Implementation of 

Memorandum Concerning Regulatory 

Freeze Pending Review, https://

www.whitehouse.gov/wp-content/ 

uploads/2021/01/M-21-14-RegulatoryReview.pdf (last visited February 25, 

2021). OMB Memorandum M–21–14 

explains that pursuant to the Regulatory 

Freeze Memorandum, agencies ‘‘should 

consider postponing the effective dates 

for 60 days and reopening [the] 

rulemaking processes’’ for ‘‘rules that 

have not yet taken effect and about 

which questions involving law, fact, or 

policy have been raised.’’ Id. 

On February 5, 2021, the Department 

issued a notice of proposed rulemaking 

(NPRM) in accordance with the 

Regulatory Freeze Memorandum and 

OMB Memorandum M–21–14 proposing 

to delay the effective date of the 

Independent Contractor Rule to May 7, 

2021, which would be 60 days beyond 

its original effective date. See 86 FR 

8326. 

In the NPRM, the Department 

explained that delaying the effective 

date of the Independent Contractor Rule 

would give the Department additional 

opportunity to review and consider the 

Independent Contractor Rule, as the 

Regulatory Freeze Memorandum and 

OMB Memorandum M–21–14 

contemplate. The Department noted that 

the Independent Contractor Rule would 

be its first generally applicable 

regulation addressing the question of 

who is an independent contractor and 

thus not an employee under the FLSA, 

and would adopt a new legal standard 

for determining employee and 

independent contractor status under the 

FLSA. In light of the significance of this 

change, the Department proposed to 

allow itself more time to further review 

and consider, among other important 

issues, the legal, policy, and/or 

enforcement implications of adopting 

that standard, such as: Whether the 

January 2021 Rule effectuates the 


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