Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3429 

33CDC, Technical Instructions for Implementing 

Presidential Proclamation Advancing the Safe 

Resumption of Global Travel During the COVID–19 

Pandemic and CDC’s Order, https://www.cdc.gov/ 

quarantine/order-safe-travel/technicalinstructions.html (last reviewed Nov. 30, 2021). 

1 85 FR 16548 (Mar. 24, 2020). That same day, 

DHS also published a Notification of its decision to 

temporarily limit the travel of certain noncitizen 

non-LPR persons into the United States at land 

POEs along the United States-Mexico border to 

‘‘essential travel,’’ as further defined in that 

document. 85 FR 16547 (Mar. 24, 2020). 

2See 86 FR 58218 (Oct. 21, 2021) (extending 

restrictions for the United States-Canada border); 86 

FR 58216 (Oct. 21, 2021) (extending restrictions for 

the United States-Mexico border). 

requirements in CDC’s Technical 

Instructions.33

This Notification does not apply to air 

or sea travel between the United States 

and Mexico. This Notification does 

apply to passenger/freight 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 the date indicated on this 

Notification, unless modified or 

rescinded at any point prior to that date, 

including to conform these restrictions 

to any intervening changes in the 

Presidential Proclamation and 

implementing CDC orders. In 

conjunction with interagency partners, I 

will closely monitor the effect of the 

requirements discussed herein, 

especially as they relate to any potential 

impacts on the supply chain and will, 

as needed and warranted, exercise my 

authority in support of the U.S. national 

interest. 

I intend for this Notification and the 

restrictions discussed herein to be given 

effect to the fullest extent allowed by 

law; in the event that a court of 

competent jurisdiction stays, enjoins, or 

sets aside any aspect of this action, on 

its face or with respect to any person, 

entity, or class thereof, any portion of 

this action not determined by the court 

to be invalid or unenforceable should 

otherwise remain in effect for the 

duration stated above. 

This action is not a rule subject to 

notice and comment under the 

Administrative Procedure Act (APA). It 

is exempt from notice and comment 

requirements because it concerns 

ongoing discussions with Canada and 

Mexico on how best to control COVID– 

19 transmission over our shared borders 

and therefore directly ‘‘involve[s] . . . a 

. . . foreign affairs function of the 

United States.’’ Even if this action were 

subject to notice and comment, there is 

good cause to dispense with prior 

public notice and the opportunity to 

comment. Given the public health 

emergency caused by COVID–19, 

including the rapidly evolving 

circumstances associated with elevated 

rates of infection due to the Omicron 

variant, it would be impracticable and 

contrary to the public health, and the 

public interest, to delay the issuance 

and effective date of this action. 

The CBP Commissioner is hereby 

directed to prepare and distribute 

appropriate guidance to CBP personnel 

on the implementation of the temporary 

measures set forth in this Notification. 

Further, the CBP Commissioner may, on 

an individualized basis and for 

humanitarian or emergency reasons or 

for other purposes in the national 

interest, permit the processing of 

travelers to the United States who 

would otherwise be subject to the 

restrictions announced in this 

Notification. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–01403 Filed 1–21–22; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Chapter I 

[Docket No. DHS–2022–0002] 

RIN 1601–ZA20 

Notification of Temporary Travel 

Restrictions Applicable to Land Ports 

of Entry and Ferries Service Between 

the United States and Canada 

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 temporary travel 

restrictions. 

SUMMARY: This Notification announces 

the decision of the Secretary of 

Homeland Security (‘‘Secretary’’), after 

consulting with interagency partners, to 

temporarily restrict travel by certain 

noncitizens into the United States at 

land ports of entry, including ferry 

terminals (‘‘land POEs’’) along the 

United States-Canada border. These 

restrictions only apply to noncitizens 

who are neither U.S. nationals nor 

lawful permanent residents (‘‘noncitizen 

non-LPRs’’). Under the temporary 

restrictions, DHS will allow processing 

for entry into the United States of only 

those noncitizen non-LPRs who are 

fully vaccinated against COVID–19 and 

can provide proof of being fully 

vaccinated against COVID–19 upon 

request. The restrictions provide for 

limited exceptions, largely consistent 

with the limited exceptions currently 

available with respect to COVID–19 

vaccination in the international air 

travel context. Unlike past actions of 

this type, this Notification does not 

contain an exception for essential travel. 

DATES: These restrictions go into effect 

at 12 a.m. Eastern Standard Time (EST) 

on January 22, 2022, and will remain in 

effect until 11:59 p.m. Eastern Daylight 

Time (EDT) on April 21, 2022, unless 

amended or rescinded prior to that time. 

FOR FURTHER INFORMATION CONTACT: 

Petra Horne, Office of Field Operations, 

U.S. Customs and Border Protection 

(CBP), 202–325–1517. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 24, 2020, the Department of 

Homeland Security (‘‘DHS’’) published 

a Notification of its decision to 

temporarily limit the travel of certain 

noncitizen non-LPRs into the United 

States at land POEs along the United 

States-Canada border to ‘‘essential 

travel,’’ as further defined in that 

document.1 The March 24, 2020 

Notification described the developing 

circumstances regarding the COVID–19 

pandemic and stated that, given the 

outbreak, continued transmission, and 

spread of the virus associated with 

COVID–19 within the United States and 

globally, DHS had determined that the 

risk of continued transmission and 

spread of the virus associated with 

COVID–19 between the United States 

and Canada posed a ‘‘specific threat to 

human life or national interests.’’ Under 

the March 24, 2020 Notification, DHS 

continued to allow certain categories of 

travel, described as ‘‘essential travel.’’ 

Essential travel included travel to attend 

educational institutions, travel to work 

in the United States, travel for 

emergency response and public health 

purposes, and travel for lawful crossborder trade. Essential travel also 

included travel by U.S. citizens and 

lawful permanent residents returning to 

the United States. 

From March 2020 through October 

2021, in consultation with interagency 

partners, DHS reevaluated and 

ultimately extended the restrictions on 

non-essential travel each month. The 

most recent action of this type, 

published on October 21, 2021, 

continued the restrictions until 11:59 

p.m. EST on January 21, 2022.2 In that 

document, DHS acknowledged that 

notwithstanding the continuing threat to 

human life or national interests posed 

by COVID–19—as well as recent 

increases in case levels, 


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3See Press Briefing by Press Secretary Jen Psaki 

(Sept. 20, 2021), https://www.whitehouse.gov/ 

briefing-room/press-briefings/2021/09/20/pressbriefing-by-press-secretary-jen-psaki-september-20- 

2021/ (‘‘As was announced in a call earlier today 

. . . [w]e—starting in . . . early November [will] be 

putting in place strict protocols to prevent the 

spread of COVID–19 from passengers flying 

internationally into the United States by requiring 

that adult foreign nationals traveling to the United 

States be fully vaccinated.’’). 

4See 86 FR 58218; 86 FR 58216. 

5Changes to requirements for travel by air were 

implemented by, inter alia, Presidential 

Proclamation 10294 of October 25, 2021, 86 FR 

59603 (Oct. 28, 2021) (Presidential Proclamation), 

and a related CDC order, 86 FR 61224 (Nov. 5, 2021) 

(CDC Order). See also CDC, Requirement for Proof 

of Negative COVID–19 Test or Recovery from 

COVID–19 for All Air Passengers Arriving in the 

United States, https://www.cdc.gov/quarantine/pdf/ 

Global-Testing-Order-10-25-21-p.pdf (Oct. 25, 

2021); Requirement for Airlines and Operators to 

Collect Contact Information for All Passengers 

Arriving into the United States, https://

www.cdc.gov/quarantine/pdf/CDC-Global-ContactTracing-Order-10-25-2021-p.pdf (Oct. 25, 2021). 

CDC later amended its testing order following 

developments related to the Omicron variant. See 

CDC, Requirement for Proof of Negative COVID–19 

Test Result or Recovery from COVID–19 for All 

Airline Passengers Arriving into the United States, 

https://www.cdc.gov/quarantine/pdf/AmendedGlobal-Testing-Order_12-02-2021-p.pdf (Dec. 2, 

2021). 

6See, e.g., DHS, Fact Sheet: Guidance for 

Travelers to Enter the U.S. at Land Ports of Entry 

and Ferry Terminals, https://www.dhs.gov/news/ 

2021/10/29/fact-sheet-guidance-travelers-enter-usland-ports-entry-and-ferry-terminals (updated Nov. 

23, 2021). See also 86 FR 72842 (Dec. 23, 2021) 

(describing the announcement with respect to 

Canada); 86 FR 72843 (Dec. 23, 2021) (describing 

the announcement with respect to Mexico). 

7See DHS, DHS Releases Details for Fully 

Vaccinated, Non-Citizen Travelers to Enter the U.S. 

at Land and Ferry Border Crossings, https://

www.dhs.gov/news/2021/10/29/dhs-releasesdetails-fully-vaccinated-non-citizen-travelers-enterus-land-and-ferry (Oct. 29, 2021); DHS, Fact Sheet: 

Guidance for Travelers to Enter the U.S. at Land 

Ports of Entry and Ferry Terminals, https://

www.dhs.gov/news/2021/10/29/fact-sheetguidance-travelers-enter-us-land-ports-entry-andferry-terminals (updated Nov. 23, 2021); see also 

DHS, Frequently Asked Questions: Guidance for 

Travelers to Enter the U.S., https://www.dhs.gov/ 

news/2021/10/29/frequently-asked-questionsguidance-travelers-enter-us (updated Nov. 23, 

2021). 

8See Memorandum from CDC to CBP re Public 

Health Recommendation for Proof of COVID–19 

Vaccination at U.S. Land Borders (Dec. 14, 2021). 9At the time of the memorandum, CDC noted that 

the Delta variant was still the predominant variant 

in the United States, but that ongoing research 

indicated that the Omicron variant may spread 

more easily than the original SARS–CoV–2 virus. 

CDC noted that further studies are underway to 

assess concerns about whether the Omicron variant 

may have increased transmissibility, confer 

resistance to therapeutics, or partially escape 

infection- or vaccine-induced immunity. 

10CBP assesses that a testing option is not 

operationally feasible given the significant number 

of land border crossers that go back on forth on a 

daily, or near-daily basis, for work or school. A 

negative COVID–19 test requirement would mean 

that such individuals would have to get tested just 

about every day. This is not currently feasible, 

given the cost and supply constraints, particularly 

in smaller rural locations. Further, CBP reports 

additional operational challenges associated with 

verifying test results, given the wide variation in 

documentation. 

11See Memorandum from CDC to CBP (Dec. 14, 

2021). 

hospitalizations, and deaths due to the 

Delta variant—COVID–19 vaccines are 

effective against Delta and other known 

COVID–19 variants. These vaccines 

protect people from becoming infected 

with and severely ill from COVID–19 

and significantly reduce the likelihood 

of hospitalization and death. DHS also 

acknowledged the White House COVID– 

19 Response Coordinator’s September 

2021 announcement regarding the 

United States’ plans to revise standards 

and procedures for incoming 

international air travel to enable the air 

travel of travelers fully vaccinated 

against COVID–19 beginning in early 

November 2021.3 DHS further stated 

that the Secretary intended to do the 

same with respect to certain travelers 

seeking to enter the United States from 

Mexico and Canada at land POEs to 

align the treatment of different types of 

travel and allow those who are fully 

vaccinated against COVID–19 to travel 

to the United States for non-essential 

reasons.4

On October 29, 2021, following 

additional announcements regarding 

changes to the international air travel 

policy by the President of the United 

States and the Centers for Disease 

Control and Prevention (‘‘CDC’’),5 DHS 

announced that beginning November 8, 

2021, non-essential travel of noncitizen 

non-LPRs would be permitted through 

land POEs, provided that the traveler is 

fully vaccinated against COVID–19 and 

can provide proof of full COVID–19 

vaccination status.6 DHS also 

announced that beginning in January 

2022, inbound noncitizen non-LPRs 

traveling to the United States via land 

POEs—whether for essential or nonessential reasons—would be required to 

be fully vaccinated against COVID–19 

and provide proof of full COVID–19 

vaccination status.7

DHS has continued to monitor and 

respond to the COVID–19 pandemic. On 

December 14, 2021, at DHS’s request, 

CDC provided a memorandum to DHS 

describing the current status of the 

COVID–19 public health emergency. 

The CDC memorandum warned of ‘‘case 

counts and deaths due to COVID–19 

continuing to increase around the globe 

and the emergence of new and 

concerning variants,’’ and emphasized 

that ‘‘[v]accination is the single most 

important measure for reducing risk for 

SARS–CoV–2 transmission and 

avoiding severe illness, hospitalization, 

and death.’’ 8 Given these 

considerations, CDC recommended that 

proof of COVID–19 vaccination 

requirements be expanded to cover both 

essential and non-essential noncitizen 

non-LPR travelers. 

According to CDC, studies indicate 

that individuals vaccinated against 

COVID–19 are five times less likely to 

be infected with COVID–19 and more 

than eight times less likely to require 

hospitalization than those who are 

unvaccinated. Further, unvaccinated 

people are 14 times more likely to die 

from COVID–19 than those who are 

vaccinated. Such increases in 

hospitalization and death rates strain 

critical healthcare resources, which in 

some parts of the United States may be 

in short supply.9 As CDC wrote, ‘‘proof 

of vaccination of travelers helps protect 

the health and safety of both the 

personnel at the border and other 

travelers, as well as U.S. destination 

communities. Border security and 

transportation security work is part of 

the nation’s critical infrastructure and 

presents unique challenges for ensuring 

the health and safety of personnel and 

travelers.’’ 

CDC’s memorandum also 

acknowledged that because of 

operational considerations, 

requirements at land POEs may differ 

from those implemented for air travel. 

CDC recognized the operational 

challenges, as described by DHS, with 

imposing a testing requirement at land 

POEs, and noted key differences 

between land travel and air travel with 

respect to the volume of travel, 

predictability, and infrastructure 

involved.10 In the absence of required 

pre-entry COVID–19 testing, CDC 

described a proof of COVID–19 

vaccination requirement as ‘‘essential as 

a matter of public health.’’ 11

In a January 14, 2022 update, also at 

the request of DHS, CDC confirmed its 

prior recommendation. Specifically, 

CDC noted the ‘‘rapid increase’’ of 

COVID–19 cases across the United 

States that have contributed to high 

levels of community transmission and 

increased rates of new hospitalizations 

and deaths. According to CDC, between 

January 5 and January 11, 2022, the 

seven-day average for new hospital 

admissions of patients with confirmed 

COVID–19 increased by 24 percent over 

the prior week, and the seven-day 

average for new COVID–19-related 

deaths rose to 2,991, an increase of 33.7 

percent compared to the prior week. 

CDC emphasized that this increase has 

exacerbated the strain on the United 

States’ healthcare system and again 

urged that ‘‘[v]accination of the broadest 

number of people best protects all 

individuals and preserves the United 


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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3431 

12Memorandum from CDC to CBP re Public 

Health Recommendation for Proof of COVID–19 

Vaccination at U.S. Land Borders—Addendum (Jan. 

18, 2022). 

13See Memorandum from CDC to CBP (Dec. 14, 

2021). 

14Canadian statistics may be found at: https://

health-infobase.canada.ca/covid-19/vaccinationcoverage/ (Jan. 17, 2022). 

15Mexican statistics may be found at: https://

ourworldindata.org/covidvaccinations?country=MEX (Jan. 17, 2022). 

16 Government of Mexico briefing for the NSC-led 

Mexico-U.S. International Travel Working Group, 

October 2021. 

17For a discussion of the current U.S. government 

policy regarding international air travel, see, supra, 

n. 45. 

18 Variant Proportions, Centers for Disease 

Control and Prevention, https://covid.cdc.gov/ 

covid-data-tracker/#variant-proportions (week 

ending Jan. 8, 2022). 

19COVID Data Tracker Weekly Review: 

Interpretive Summary for the Centers for Disease 

Control and Prevention, COVID Data Tracker 

Weekly Review: Interpretive Summary for January 7, 

2022, https://www.cdc.gov/coronavirus/2019-ncov/ 

covid-data/covidview/index.html (Jan. 7, 2022). 

20 DHS acknowledges that past actions of this 

type exempted freight rail, but DHS notes that the 

considerations applicable to other forms of travel 

previously designated as essential apply equally in 

the freight rail context. 

21Public Health Agency of Canada website 

Requirements for Truckers entering Canada in 

effect as of January 15, 2022, https://

www.Canada.ca/en/public-health/news/2022/01/ 

requirements-for-truckers-entering-canada-in-effectas-of-january-15-2022.html; Public Health Agency 

of Canada website: Minimizing the Risk of Exposure 

to COVID–19 in Canada Order (Prohibition of Entry 

into Canada from the United States), Section 10 of 

order is the provision that went into place on 15 

January 2022, https://orders-in-council.canada.ca/ 

attachment.php?attach=41322&lang=en. 

22See, e.g., David Koenig, Associated Press, 

American, Alaska, JetBlue join growing list of 

airlines requiring employees to be vaccinated 

against COVID–19, https://www.usatoday.com/ 

story/travel/airline-news/2021/10/02/americanjoins-list-airlines-requiring-employee-vaccinations/ 

5968626001/ (Oct. 2, 2021) (‘‘United Airlines took 

an early and tough stance to require vaccination. 

United said Thursday that 320 of its 67,000 U.S. 

Continued 

States’ critical infrastructure, including 

healthcare systems and essential 

workforce.’’ CDC thus urged ‘‘the most 

comprehensive requirements possible 

for proof of vaccination’’ and 

specifically recommended against 

exceptions for specific worker categories 

as a public health matter.12

DHS has conferred with interagency 

partners, taken into account all relevant 

factors, including economic 

considerations and CDC’s public health 

input, and concludes that a broad 

COVID–19 vaccination requirement at 

land POEs is necessary and appropriate. 

In particular, DHS notes that, according 

to the information provided by CDC, 

those who are not fully vaccinated 

against COVID–19 have proven to be 

more likely to be infected by COVID–19, 

to spread COVID–19 to others, to suffer 

severe symptoms, and to require the use 

of scarce hospital resources. DHS 

acknowledges that in past actions of this 

type, it has continued to allow essential 

travel by certain noncitizen non-LPRs 

who are not fully vaccinated against 

COVID–19. The assessment has, 

however, changed in light of the 

following two factors: (1) The rapid 

increase of COVID–19 cases; and (2) the 

increasing availability of COVID–19 

vaccines. 

With respect to the increasing 

availability of COVID–19 vaccines, at 

this point, COVID–19 vaccines—which 

according to CDC are ‘‘the single most 

important measure’’ for responding to 

COVID–19 13—are widely available and 

have been increasingly available for 

months. In Canada, 77.1 percent of the 

entire population is now fully 

vaccinated against COVID–19, while 

87.8 percent of individuals 12 years and 

older are fully vaccinated against 

COVID–19.14 In Mexico, 55.9 percent of 

the population is fully vaccinated 

against COVID–19,15 while as of 

October 2021, 72 percent of those living 

in border regions were fully vaccinated 

against COVID–19.16 In October 2021, 

DHS announced its intention to expand 

the temporary travel restrictions 

applicable to land POEs by applying the 

COVID–19 vaccination requirement to 

those traveling for essential reasons, 

thus recognizing the importance of fair 

notice and allowing ample time for 

noncitizen non-LPR essential travelers 

to get fully vaccinated against COVID– 

19. For these reasons, DHS believes that 

it is now necessary and appropriate to 

align COVID–19 vaccine restrictions at 

land POEs to current U.S. government 

policy governing incoming international 

air travel.17

Moreover, COVID–19 cases continue 

to increase rapidly across the United 

States, as described below. This surge is 

currently driven by the Omicron 

variant, which CDC’s Nowcast model 

projects may account for approximately 

98.3 percent of cases.18 On January 5, 

2022, 705,264 new COVID–19 cases 

were reported, more than double the 

peak in January 2021. Communities 

across the United States are now 

experiencing high levels of community 

transmission, and hospitalizations and 

deaths are also on the rise.19 This surge 

underscores the need for the policy that 

DHS previously announced, and is an 

important reason why DHS, in 

consultation with interagency partners, 

is declining to implement broad 

exceptions for certain categories of 

travelers. 

In reaching this conclusion, DHS 

weighed the concerns of industry and, 

in particular, firms employing or relying 

on long-haul truck drivers and persons 

engaged in freight rail operations.20 DHS 

carefully considered alternative 

approaches, including exceptions for 

these categories of workers. As a public 

health matter, CDC strongly discouraged 

additional exceptions, particularly in 

light of the current increase in COVID– 

19 cases and related resulting strains on 

the healthcare system. Even if such 

workers do not engage in extended 

interaction with others, they still engage 

in activities that involve contact with 

others, thereby increasing the risk of 

contributing to community spread of 

COVID–19. Such workers also may enter 

the United States after contracting 

COVID–19, become seriously ill after 

arrival, and require scarce healthcare 

resources as a result. Given CDC’s 

recommendation, and after extensive 

consultation with interagency partners, 

DHS has determined that such activities 

do not warrant an exception from these 

restrictions because these persons still 

present a public health risk. A COVID– 

19 vaccination requirement at land 

POEs helps protect the health and safety 

of the personnel at the border, other 

travelers, and the U.S. communities 

where these persons may be traveling 

and spending time among the public. A 

COVID–19 vaccination requirement for 

these individuals also reduces burdens 

on local healthcare resources in U.S. 

communities. This approach aligns the 

U.S. COVID–19 policies applicable to 

land POEs with air travel restrictions 

that require noncitizen non-LPRs 

traveling by air to the United States for 

both essential and non-essential reasons 

to be fully vaccinated against COVID–19 

and provide related proof of 

vaccination, with very few exceptions. 

This approach also aligns with new 

travel restrictions imposed by Canada 

on January 15, 2022, which similarly 

impose a COVID–19 vaccination 

requirement on cross-border travel, with 

no exception for truck drivers or freight 

rail operators.21

DHS also acknowledges concerns 

among some industry stakeholders that 

this policy, however necessary to 

protect the American public, could 

disrupt cross-border economic activity. 

In consultation with interagency 

partners, DHS has carefully considered 

these concerns. DHS has conferred with 

interagency partners and determined 

that these concerns are outweighed by 

the competing public health concerns 

and the wide availability of COVID–19 

vaccines, coupled with the growing 

body of evidence that employmentrelated COVID–19 vaccine mandates 

result in high levels of COVID–19 

vaccine acceptance among employees.22


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3432 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 

employees faced termination for not getting 

vaccinated or seeking a medical or religious 

exemption by a deadline earlier in the week.’’); 

Novant Health, Novant Health update on mandatory 

COVID–19 vaccination program for employees, 

https://www.novanthealth.org/home/about-us/ 

newsroom/press-releases/newsid33987/2576/ 

novant-health-update-on-mandatory-covid-19- 

vaccination-program-for-employees.aspx (Sept. 21, 

2021) (‘‘Today, 98.6% of more than 35,000 team 

members are compliant with Novant Health’s 

mandatory COVID–19 vaccination program.’’); 

Houston Methodist, Houston Methodist Requires 

COVID–19 Vaccine for Credentialed Doctors, 

https://www.houstonmethodist.org/leadingmedicine-blog/articles/2021/jun/houstonmethodist-requires-covid-19-vaccine-forcredentialed-doctors/ (June 8, 2021) (‘‘As of June 1, 

more than 99% of the system’s 26,000 employees 

and physicians have received the vaccine’’ 

following issuance of a vaccine mandate in April 

2021); Alison Kosik, CNN Business, 96% of Tyson’s 

Active Workers are Vaccinated, CNN (Oct. 26, 

2021), https://www.cnn.com/2021/10/26/business/ 

tyson-covid-vaccine/index.html (‘‘Tyson’s President 

and CEO Donnie King said in a blog post ‘we 

couldn’t be happier to say that, as of today, over 

96% of our active team members are vaccinated— 

or nearly 60,000 more than when we made the 

announcement on August 3.’ ’’). See also generally 

Dave Muoio, Fierce Healthcare, How many 

employees have hospitals lost to vaccine mandates? 

Here are the numbers so far, https://

www.fiercehealthcare.com/hospitals/how-manyemployees-have-hospitals-lost-to-vaccinemandates-numbers-so-far (last updated Jan. 5, 2022) 

(collecting examples). 

23See White House Report: Vaccination 

Requirements Are Helping Vaccinate More People, 

Protect Americans from COVID–19, and Strengthen 

the Economy (Oct. 7, 2021). 

24On October 30, 2021, the Government of 

Canada imposed a separate domestic mandate on 

federally regulated railways, and their rail crew and 

track employees, along with air and marine 

operators. Each organization is required to have a 

process for employee attestation of their vaccination 

status; provide a description of consequences for 

employees who do not comply or who falsify 

information; and meet standards consistent with the 

approach taken by the Government of Canada for 

the Core Public Administration. See Transport 

Canada, Mandatory COVID–19 vaccination 

requirements for federally regulated transportation 

employees and travellers, https://www.canada.ca/ 

en/transport-canada/news/2021/10/mandatorycovid-19-vaccination-requirements-for-federallyregulated-transportation-employees-andtravellers.html (updated Oct. 30, 2021). 

25 86 FR 59603 (Oct. 28, 2021). 

26 86 FR 61224 (Nov. 5, 2021). 

27CDC, Technical Instructions for Implementing 

Presidential Proclamation Advancing the Safe 

Resumption of Global Travel During the COVID–19 

Pandemic and CDC’s Order, https://www.cdc.gov/ 

quarantine/order-safe-travel/technicalinstructions.html (last reviewed Nov. 30, 2021). 

28 86 FR 61224 (Nov. 5, 2021) (citing FAA, SAFO 

20009, COVID–19: Updated Interim Occupational 

Health and Safety Guidance for Air Carriers and 

Crews, https://www.faa.gov/other_visit/aviation_

industry/airline_operators/airline_safety/safo/all_

safos/media/2020/SAFO20009.pdf (last updated 

May 25, 2021)). 

29 Information on maritime COVID–19 guidance 

may be found at: https://www.cdc.gov/quarantine/ 

index.html. 

30See CDC, Requirement for Proof of COVID–19 

Vaccination for Air Passengers, https://

www.cdc.gov/coronavirus/2019-ncov/travelers/ 

proof-of-vaccination.html (last updated Dec. 21, 

2021); see also, e.g., CDC, Technical Instructions for 

CDC’s COVID–19 Program for Cruise Ships 

Operating in U.S. Waters, https://www.cdc.gov/ 

quarantine/cruise/management/technicalinstructions-for-cruise-ships.html (updated Jan. 14, 

2022) and Interim Guidance for Ships on Managing 

Suspected or Confirmed Cases of Coronavirus 

Disease 2019 (COVID–19), https://www.cdc.gov/ 

quarantine/maritime/recommendations-forships.html (Updated Nov. 5, 2021). As noted above, 

DHS considered but rejected a testing requirement 

due to operational considerations. DHS notes that 

sea crew members are not excepted under this 

Notification. 

31 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. 

A recent White House analysis 

highlights the ways in which COVID–19 

vaccine requirements that cover whole 

industries or sectors can be particularly 

effective in persuading employees to 

become fully vaccinated against 

COVID–19.23 The incentive effects of 

industry-wide requirements, as well as 

the introduction of a range of other 

policies intended to incentivize 

vaccination against COVID–19, reduce 

the likelihood of a significant disruption 

in cross-border economic activity, while 

protecting public health.24

DHS acknowledges that some persons 

engaged in essential travel, in particular 

long-haul truck drivers and persons 

engaged in freight rail operations, do not 

engage in work-related activities that 

involve extended exposure to others in 

congregate settings. However, there are 

also important differences between (1) 

commercial truck, rail, and ferry 

operators; and (2) air crews and sea 

crew members traveling pursuant to a 

C–1 or D nonimmigrant visa. In the 

international air travel context, under 

the Presidential Proclamation 10294 of 

October 25, 2021 25 (‘‘the Presidential 

Proclamation’’), as implemented by 

CDC’s Amended Order Implementing 

Presidential Proclamation on Advancing 

the Safe Resumption of Global Travel 

During the COVID–19 Pandemic 26 and 

Technical Instructions 27 (‘‘the CDC 

Order’’), commercial air crews are 

excepted from COVID–19 vaccination 

requirements only if they follow 

industry standard protocols for the 

prevention of COVID–19 as set forth in 

relevant Safety Alerts for Operators 

(‘‘SAFO’’) issued by the Federal 

Aviation Administration.28 SAFO 20009 

includes a range of measures for air 

crew to protect their health and the 

health of others. Sea crew members 

traveling pursuant to a C–1 or D 

nonimmigrant visa are similarly 

excepted from international air travel 

COVID–19 vaccine requirements only if 

they adhere to all industry standard 

protocols for the prevention of COVID– 

19, as set forth in relevant CDC guidance 

for crew member health.29 Importantly, 

unvaccinated noncitizen mariners must 

take a predeparture COVID–19 test 

within one day of travel and show a 

negative result prior to boarding a plane, 

attest that they will self-quarantine 

upon arrival in the United States, and 

have access to shipboard quarantine 

options as needed.30 Currently, 

commercial truck drivers and freight rail 

and ferry operators are not subject to 

similar industry-wide requirements. 

They are therefore not amenable to 

parallel treatment at this time. 

DHS, in consultation with its 

interagency partners, also has 

considered the operational effect of 

these requirements. While these changes 

potentially bring risk of increased wait 

times at land POEs in the passenger and 

commercial environments and delays in 

cargo shipments if vaccinated truck 

drivers and persons engaged in freight 

rail operations are unavailable, DHS 

projects minimal, short-term operational 

impacts as travelers become familiar 

with the new requirements. The 

enforcement of these requirements will 

mirror the enforcement practices 

implemented for non-essential travel 

restrictions on November 8, 2021 which 

yielded minimal operational 

disruptions. This assessment is based in 

part on observations from the 

implementation of the November 8, 

2021 Title 19 restrictions and on the 

successful implementation of similar 

requirements by the Canadian 

government on January 15, 2022. 

Notice of Action 

Following consultation with CDC and 

other interagency partners, and after 

having considered and weighed the 

relevant factors, I have determined that 

the risk of continued transmission and 

spread of the virus associated with 

COVID–19 between the United States 

and Canada, including the associated 

burden on already stressed healthcare 

resources, poses an ongoing ‘‘specific 

threat to human life or national 

interests.’’ Accordingly, and consistent 

with the authority granted in 19 U.S.C. 

1318(b)(1)(C) and (b)(2),31 I have 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Rules and Regulations 3433 

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). 

32The exceptions to this temporary restriction are 

generally aligned with those outlined in the 

Presidential Proclamation and further described in 

the CDC Order, with modifications to account for 

the unique nature of land border operations where 

advance passenger information is largely not 

available. 

33CDC, Technical Instructions for Implementing 

Presidential Proclamation Advancing the Safe 

Resumption of Global Travel During the COVID–19 

Pandemic and CDC’s Order, https://www.cdc.gov/ 

quarantine/order-safe-travel/technicalinstructions.html (last reviewed Nov. 30, 2021). 

determined, in consultation with 

interagency partners, that land POEs 

along the United States-Canada border 

will continue to suspend normal 

operations and will allow processing for 

entry into the United States of only 

those noncitizen non-LPRs who are 

‘‘fully vaccinated against COVID–19’’ 

and can provide ‘‘proof of being fully 

vaccinated against COVID–19’’ upon 

request, as those terms are defined 

under the Presidential Proclamation and 

CDC Order. This action does not apply 

to U.S. citizens, U.S. nationals, lawful 

permanent residents of the United 

States, or American Indians who have a 

right by statute to pass the borders of, 

or enter into, the United States. In 

addition, I hereby authorize exceptions 

to these restrictions for the following 

categories of noncitizen non-LPRs: 32

• Certain categories of persons on 

diplomatic or official foreign 

government travel as specified in the 

CDC Order; 

• persons under 18 years of age; 

• certain participants in certain 

COVID–19 vaccine trials as specified in 

the CDC Order; 

• persons with medical 

contraindications to receiving a COVID– 

19 vaccine as specified in the CDC 

Order; 

• persons issued a humanitarian or 

emergency exception by the Secretary of 

Homeland Security; 

• persons with valid nonimmigrant 

visas (excluding B–1 [business] or B–2 

[tourism] visas) who are citizens of a 

country with limited COVID–19 vaccine 

availability, as specified in the CDC 

Order; 

• members of the U.S. Armed Forces 

or their spouses or children (under 18 

years of age) as specified in the CDC 

Order; and, 

• persons whose entry would be in 

the U.S. national interest, as determined 

by the Secretary of Homeland Security. 

In administering such exceptions, 

DHS will not require the Covered 

Individual Attestation currently in use 

by CDC for noncitizens who are 

nonimmigrants seeking to enter the 

United States by air travel, or similar 

form, but DHS may, in its discretion, 

require any person invoking an 

exception to provide proof of eligibility 

consistent with documentation 

requirements in CDC’s Technical 

Instructions.33

This Notification does not apply to air 

or sea travel between the United States 

and Canada. This Notification does 

apply to passenger/freight 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 the date indicated on this 

Notification, unless modified or 

rescinded at any point prior to that date, 

including to conform these restrictions 

to any intervening changes in the 

Presidential Proclamation and 

implementing CDC orders. In 

conjunction with interagency partners, I 

will closely monitor the effect of the 

requirements discussed herein, 

especially as they relate to any potential 

impacts on the supply chain and will, 

as needed and warranted, exercise my 

authority in support of the U.S. national 

interest. 

I intend for this Notification and the 

restrictions discussed herein to be given 

effect to the fullest extent allowed by 

law; in the event that a court of 

competent jurisdiction stays, enjoins, or 

sets aside any aspect of this action, on 

its face or with respect to any person, 

entity, or class thereof, any portion of 

this action not determined by the court 

to be invalid or unenforceable should 

otherwise remain in effect for the 

duration stated above. 

This action is not a rule subject to 

notice and comment under the 

Administrative Procedure Act (APA). It 

is exempt from notice and comment 

requirements because it concerns 

ongoing discussions with Canada and 

Mexico on how best to control COVID– 

19 transmission over our shared borders 

and therefore directly ‘‘involve[s] . . . a 

. . . foreign affairs function of the 

United States.’’ Even if this action were 

subject to notice and comment, there is 

good cause to dispense with prior 

public notice and the opportunity to 

comment. Given the public health 

emergency caused by COVID–19, 

including the rapidly evolving 

circumstances associated with elevated 

rates of infection due to the Omicron 

variant, it would be impracticable and 

contrary to the public health, and the 

public interest, to delay the issuance 

and effective date of this action. 

The CBP Commissioner is hereby 

directed to prepare and distribute 

appropriate guidance to CBP personnel 

on the implementation of the temporary 

measures set forth in this Notification. 

Further, the CBP Commissioner may, on 

an individualized basis and for 

humanitarian or emergency reasons or 

for other purposes in the national 

interest, permit the processing of 

travelers to the United States who 

would otherwise be subject to the 

restrictions announced in this 

Notification. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–01402 Filed 1–21–22; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1010 

Financial Crimes Enforcement 

Network; Inflation Adjustment of Civil 

Monetary Penalties 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Final rule. 

SUMMARY: FinCEN is publishing this 

final rule to reflect inflation adjustments 

to its civil monetary penalties as 

mandated by the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended. This rule adjusts certain 

maximum civil monetary penalties 

within the jurisdiction of FinCEN to the 

amounts required by that Act. 

DATES: Effective January 24, 2022. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Regulatory Support Section at 

1–800–767–2825, or electronically at 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In order to improve the effectiveness 

of civil monetary penalties (CMPs) and 

to maintain their deterrent effect, the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended in 

2015 by section 701 of Public Law 114– 

74, codified at 28 U.S.C. 2461 note (the 

Act), requires Federal agencies to adjust 

for inflation each CMP provided by law 

within the jurisdiction of the agency. 

The Act requires agencies to adjust the 

level of CMPs with an initial ‘‘catch-up’’ 

adjustment through an interim final 

rulemaking. After the initial ‘‘catch-up’’ 


jspears on DSK121TN23PROD with RULES1