Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32767 

9 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). 

COVID–19. Accordingly, and consistent 

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

1318(b)(1)(C) and (b)(2),9 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. EDT on July 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. 2021–13235 Filed 6–21–21; 12:30 pm] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 92 

[Docket No. FR–6249–C–02] 

RIN 2529–AB01 

Restoring Affirmatively Furthering Fair 

Housing Definitions and Certifications 

AGENCY: Office of General Counsel, 

HUD. 

ACTION: Interim final rule; correction. 

SUMMARY: On July 10, 2021, HUD 

published its Restoring Affirmatively 

Furthering Fair Housing Definitions and 

Certifications interim final rule. Shortly 

thereafter, the Office of the Federal 

Register alerted HUD to a scrivener’s 

error in the amendatory instructions of 

the interim final rule. In this document, 

HUD corrects this error. 

DATES: Effective date: July 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Aaron Santa Anna, Associate General 

Counsel for Legislation and Regulations, 

Department of Housing and Urban 

Development, 451 7th Street SW, Room 

10238, Washington, DC 20410; 

telephone number 202–708–1793 (this 

is not a toll-free number). Persons with 

hearing or speech impairments may 

access this number through TTY by 

calling the toll-free Federal Relay at 

800–877–8339 (this is a toll-free 

number). 

SUPPLEMENTARY INFORMATION: On July 

10, 2021 (86 FR 30779), HUD published 

its Restoring Affirmatively Furthering 

Fair Housing Definitions and 

Certifications interim final rule. 

Following publication, the Federal 

Register alerted HUD to an error in the 

amendatory instruction for revisions to 

24 CFR 92.508. Specifically, the 

amendatory instruction directed that 

paragraph (a)(7)(i)(C) be revised, 

however, the revision being made by the 

interim final rule is to paragraph 

(a)(7)(i)(B). This document corrects the 

amendatory instructions for 24 CFR 

92.508 to reflect the correct paragraph 

being revised. 

Correction 

In FR Doc. 2021–12114 appearing on 

page 30779 in the Federal Register on 

July 10, 2021, the following correction 

is made: 

§ 92.508 [Corrected] 

On page 30792, in the second column, 

after the title for Part 92, in amendment 

11, the instruction ‘‘Amend § 92.508 by 

revising paragraph (a)(7(i)(C) to read as 

follows:’’ is corrected to read ‘‘Amend 


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32768 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

§ 92.508 by revising paragraph (a)(7(i)(B) 

to read as follows:’’ 

Aaron Santa Anna, 

Associate General Counsel for Legislation and 

Regulations. 

[FR Doc. 2021–13173 Filed 6–22–21; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0340] 

RIN 1625–AA08 

Special Local Regulation; Ohio River, 

New Martinsville, WV 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for all navigable waters of the Ohio 

River between mile markers 127.5 and 

128.5. The special local regulation is 

needed to protect regatta participants, 

the public, and the marine environment 

from potential hazards created by the 

regatta. This special local regulation 

establishes a Patrol Commander and 

restricts movement and anchoring of 

spectator and non-participant vessels 

during the time of the event. 

DATES: This rule is effective from 9 a.m. 

on July 10, 2021, until 6 p.m. on July 11, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0340 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST1 Joseph McCollum, Marine 

Safety Unit Huntington, U.S. Coast 

Guard; (304) 733–0198, 

Joseph.P.Mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) 

(5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because we 

must establish the special local 

regulation by July 10, 2021, and lack 

sufficient time to request public 

comments and respond to those 

comments before the special local 

regulation must be established. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the New 

Martinsville Vintage Regatta taking 

place on the Ohio River between mile 

marker 127.5 and mile marker 128.5 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Ohio Valley (COTP) 

has determined that potential hazards 

associated with New Martinsville 

Vintage Regatta starting July 10, 2021, 

will be a safety concern for anyone on 

the Ohio River from mile marker 127.5 

to mile marker 128.5. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the special 

local regulation for the duration of the 

regatta. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 9 a.m. through 6 p.m. 

daily on July 10, 2021, and July 11, 

2021. The special local regulation will 

cover all navigable waters between mile 

markers 127.5 and 128.5 on the Ohio 

River. The duration of the regulated area 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters for the duration 

of the regatta. No vessel or person will 

be permitted to enter the regulated area 

without obtaining permission from the 

designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size and location of the 

special local regulation. This rule 

involes a special local regulation lasting 

less than a week and covering a limited 

area of one mile. In addition, vessel 

traffic will be able to reach out to the 

safety boat to coordinate safe passage 

through the special local regulation 

which will impact a mile mile stretch 

on the Ohio River. The Coast Guard will 

publish a Local Notice to Mariners 

(LNMs), and issue a Broadcast Notice to 

Mariners (BNMs) via VHF–FM marine 

channel 16 about the regulated area. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the regulated 

area may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 


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