38556 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 

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

DHS also 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 States-Mexico border to ‘‘essential 

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

16547 (Mar. 24, 2020). 

2See 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). DHS 

also published parallel notifications of its decisions 

to continue temporarily limiting the travel of 

individuals from Mexico into the United States at 

land ports of entry along the United States-Mexico 

border to ‘‘essential travel.’’ See 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 4969 (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). 

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. 

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). 

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 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 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 Canada into the United 

States at land ports of entry along the 

United States-Canada 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 

Canada into the United States at land 

ports of entry along the United StatesCanada 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 Canada 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 

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 Canada poses an ongoing ‘‘specific 

threat to human life or national 

interests.’’ 

U.S. and Canadian officials have 

mutually determined that non-essential 

travel between the United States and 

Canada 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 Canada, 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.-Canada border will 

continue to suspend normal operations 

and will only allow processing for entry 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations 38557 

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. 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. 2021–15573 Filed 7–21–21; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Part 550 

[Docket No.: BOEM 2021–0028] 

RIN 1010–AE08 

Maximum Daily Civil Penalty Amounts 

for Violations of the Federal Oil and 

Gas Royalty Management Act 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Bureau of Ocean Energy Management 

(BOEM) regulations that set maximum 

daily civil penalty (MDCP) amounts for 

violations of the Federal Oil and Gas 

Royalty Management Act (FOGRMA). 

The amended BOEM regulations will 

cross-reference regulations of the Office 

of Natural Resources Revenue (ONRR) 

that also set MDCP amounts for 

FOGRMA violations. This crossreference will ensure consistency 

between BOEM’s FOGRMA MDCP 

amounts and ONRR’s FOGRMA MDCP 

amounts. It will also ensure consistent 

compliance with the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Inflation 

Adjustment Act) and related Office of 

Management and Budget (OMB) 

guidance, while reducing unnecessary 

duplication of effort and costs to BOEM. 

DATES: This rule is effective on July 22, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Deanna Meyer-Pietruszka, Bureau of 

Ocean Energy Management, Chief, 

Office of Policy, Regulation and 

Analysis, at deanna.meyer-pietruszka@

boem.gov or by mail to 1849 C Street 

NW, Mail Stop 5238, Washington, DC 

20240 or by calling (202) 208–6352. 

SUPPLEMENTARY INFORMATION: 

Background and Legal Authority 

The Inflation Adjustment Act, Public 

Law 114–74, sec. 701 (codified at 28 

U.S.C. 2461 note), became law on 

November 2, 2015. It required Federal 

agencies to adjust the level of civil 

monetary penalties imposed under each 

agency’s regulations with an initial 

‘‘catch-up’’ adjustment through 

rulemaking, if warranted, and then to 

make subsequent annual adjustments 

for inflation. Agencies were required to 

publish the initial annual inflation 

adjustments in the Federal Register no 

later than January 15, 2017, and are 

required to publish annual adjustments 

no later than January 15th of each 

subsequent year. The purpose of these 

inflation adjustments is to maintain the 

deterrent effect of civil penalties and to 

further the policy goals of the 

underlying statutes that authorize the 

penalties. 

BOEM has authority to impose civil 

penalties for violations of FOGRMA 

under 30 U.S.C. 1719 and delegations of 

authority by the Secretary of the 

Interior. BOEM’s regulations 

implementing its authority to impose 

penalties under FOGRMA are found at 

30 CFR 550.1450–.1477. Specifically, 

BOEM may impose civil penalties under 

FOGRMA—after providing notice of 

noncompliance (NONC) and an 

opportunity to correct the violation—for 

noncompliance with any applicable 

statute, regulation, order, or lease term 

relating to any Federal oil or gas lease. 

See 30 CFR 550.1451. BOEM may also 

impose penalties under FOGRMA, 

without providing prior notice or an 

opportunity to correct the violation, for 

the knowing or willful preparation, 

maintenance, or submission of false, 

inaccurate, or misleading written 

information. See id. at 550.1460. 

Sections 550.1453 and 550.1460 of 

BOEM’s existing regulations specify the 

MDCP amounts, as prescribed by 


lotter on DSK11XQN23PROD with RULES1