38554 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

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

DHS also 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 States-Canada border to ‘‘essential 

travel,’’ as further defined in that document. 85 FR 

16548 (Mar. 24, 2020). 

2See 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 4967 (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). DHS 

also published parallel notifications of its 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 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). 

3WHO, Coronavirus disease 2019 (COVID–19) 

Weekly Epidemiological Update (June 8, 2021), 

available at https://www.who.int/emergencies/ 

diseases/novel-coronavirus-2019/situation-reports 

(accessed July 15, 2021). 

4CDC, COVID Data Tracker: United States 

COVID–19 Cases, Deaths, and Laboratory Testing 

(NAATs) by State, Territory, and Jurisdiction, 

https://covid.cdc.gov/covid-data-tracker/#cases_

casesper100klast7days (accessed July 15, 2021). 

5WHO, Situation by Region, Country, Territory & 

Area, available at https://covid19.who.int/table 

(accessed July 15, 2021). 

6 Id. 

SUMMARY: On March 15, 2021, U.S. 

Customs and Border Protection (CBP) 

published in the Federal Register an 

Interim Final Rule, which amends the 

CBP regulations to provide for 

mandatory advance electronic data 

(AED) for international mail shipments. 

That document inadvertently 

misnumbered the regulatory text listing 

the circumstances when AED is not 

required for international mail 

shipments and made a typographical 

error in the authority citation. 

DATES: Effective July 22, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

policy questions related to mandatory 

AED for international mail shipments, 

contact Quintin Clarke, Cargo and 

Conveyance Security, Office of Field 

Operations, U.S. Customs and Border 

Protection, by telephone at (202) 344– 

2524, or email at quintin.g.clarke@

cbp.dhs.gov. For legal questions, contact 

James V. DeBergh, Chief, Border 

Security Regulations Branch, 

Regulations and Rulings, Office of 

Trade, U.S. Customs and Border 

Protection, by telephone at 202–325– 

0098, or email at jamesvan.debergh@

cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: On March 

15, 2021, CBP published in the Federal 

Register (86 FR 14245) an Interim Final 

Rule entitled Mandatory Advance 

Electronic Information for International 

Mail Shipments. As published, the 

Interim Final Rule inadvertently 

misnumbered the regulatory text found 

in 19 CFR 145.74(b)(2), which lists 

circumstances when AED is not 

required for international mail 

shipments. Specifically, section 

145.74(b)(2) contains two subparagraphs 

numbered ‘‘(iii)’’. CBP is correcting the 

numbering by re-numbering the current 

subparagraphs (iv) and (v) as 

subparagraphs (v) and (vi) respectively. 

CBP is further correcting the numbering 

by renumbering the second 

subparagraph (iii) as subparagraph (iv). 

Finally, CBP is correcting a 

typographical error in the Authority 

section. 

List of Subjects in 19 CFR Part 145 

Exports, Lotteries, Postal Service, 

Reporting and recordkeeping 

requirements. 

For reasons stated in the preamble, 19 

CFR part 145 is amended by making the 

following correcting amendments: 

PART 145—MAIL IMPORTATIONS 

■ 1. The general authority citation for 

part 145 is revised to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i)), Harmonized Tariff Schedule of the 

United States, 1624. 

* * * * * 

Subpart G also issued under 19 U.S.C. 

1415, 1436. 

§ 145.74 [Amended] 

■ 2. Amend § 145.74 by redesignating 

the second paragraph (b)(2)(iii), and 

paragraphs (b)(2)(iv) and (v) as 

paragraphs (b)(2)(iv), (v), and (vi). 

Alice A. Kipel, 

Executive Director, Regulations and Rulings, 

Office of Trade, U.S. Customs and Border 

Protection. 

[FR Doc. 2021–15460 Filed 7–21–21; 8:45 am] 

BILLING CODE 9111–14–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 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 202–325–0840. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 24, 2020, DHS 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 StatesMexico 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, DHS 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.’’ DHS 

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 COVID–19 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 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38555 

7See CDC, COVID Data Tracker: COVID–19 

Vaccinations in the United States, https://

covid.cdc.gov/covid-data-tracker/#vaccinations 

(accessed July 15, 2021). 

8See CDC, Travel Notice; COVID–19 in Canada 

(June 7, 2021), https://wwwnc.cdc.gov/travel/ 

notices/covid-4/coronavirus-canada (accessed June 

10, 2021); CDC, Travel Notice: COVID–19 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/ 

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. 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). 

States and over 59% of adults in the 

United States are fully vaccinated.7 On 

June 7, 2021, CDC moved Canada and 

Mexico from COVID–19 Level 4 (Very 

High) to Level 3 (High) in recognition of 

conditions that, while still requiring 

significant safeguards, are improving.8

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 currently 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, 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 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),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 August 

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. 2021–15574 Filed 7–21–21; 8:45 am] 

BILLING CODE 9112–FP–P 


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