46964 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

epidemiological-summary-covid-19- 

cases.html#VOC (accessed Aug., 16, 2021). See 

Government of Mexico, Ministry of Health, COVID– 

19 National General Information, https://

datos.covid-19.conacyt.mx/#DOView (accessed 

Aug. 16, 2021); Mexican Consortium of Genomic 

Surveillance (CoViGen-Mex), Reportes, http://

mexcov2.ibt.unam.mx:8080/COVID-TRACKER/ 

(accessed Aug. 16, 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). 

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.’’ 

In March 2020, U.S. and Mexican 

officials mutually determined that nonessential travel between the United 

States and Mexico posed additional risk 

of transmission and spread of the virus 

associated with COVID–19 and placed 

the populace of both nations at 

increased risk of contracting the virus 

associated with COVID–19. Given the 

sustained human-to-human 

transmission of the virus, coupled with 

risks posed by new variants, nonessential travel to the United States 

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 

September 21, 2021. This Notification 

may be amended or rescinded prior to 

that time, based on circumstances 

associated with the specific threat. In 

coordination with public health and 

medical experts, DHS continues 

working closely with its partners across 

the United States and internationally to 

determine how to safely and sustainably 

resume normal travel. 

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. 2021–18061 Filed 8–20–21; 8:45 am] 

BILLING CODE 9112–FP–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 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 August 22, 2021, and will remain in 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46965 

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 38556 (July 22, 2021); 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 38554 (July 22, 2021); 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 Aug. 11, 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 Aug. 11, 2021). 

5WHO, Situation by Region, Country, Territory & 

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

(accessed Aug. 11, 2021). 

6 Id. 

7See CDC, Delta Variant: What We Know About 

the Science, https://www.cdc.gov/coronavirus/ 

2019-ncov/variants/delta-variant.html (accessed 

Aug. 16, 2021). 

8See Government of Canada, Coronavirus Disease 

(COVID–19) For Health Professionals, https://

health-infobase.canada.ca/covid-19/ 

epidemiological-summary-covid-19- 

cases.html#VOC (accessed Aug., 16, 2021). See 

Government of Mexico, Ministry of Health, COVID– 

19 National General Information, https://

datos.covid-19.conacyt.mx/#DOView (accessed 

Aug. 16, 2021); Mexican Consortium of Genomic 

Surveillance (CoViGen-Mex), Reportes, http:// 

mexcov2.ibt.unam.mx:8080/COVID–TRACKER/ 

(accessed Aug. 16, 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). 

effect until 11:59 p.m. EDT on 

September 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 August 21, 

2021.2

DHS continues to monitor and 

respond to the COVID–19 pandemic. As 

of the week of August 5, 2021, there 

have been over 200 million confirmed 

cases globally, with over 4 million 

confirmed deaths.3 There have been 

over 36.1 million confirmed and 

probable cases within the United 

States,4 over 1.4 million confirmed 

cases in Canada,5 and over 2.9 million 

confirmed cases in Mexico.6

DHS also notes that the Delta variant 

is driving an increase in cases, 

hospitalizations, and deaths in the 

United States.7 Canada and Mexico are 

also seeing increased case counts and 

deaths.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.’’ 

In March 2020, U.S. and Canadian 

officials mutually determined that nonessential travel between the United 

States and Canada posed additional risk 

of transmission and spread of the virus 

associated with COVID–19 and placed 

the populace of both nations at 

increased risk of contracting the virus 

associated with COVID–19. Given the 

sustained human-to-human 

transmission of the virus, coupled with 

risks posed by new variants, nonessential travel to the United States 

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 

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 


jbell on DSKJLSW7X2PROD with RULES
46966 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

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 

September 21, 2021. This Notification 

may be amended or rescinded prior to 

that time, based on circumstances 

associated with the specific threat. In 

coordination with public health and 

medical experts, DHS continues 

working closely with its partners across 

the United States and internationally to 

determine how to safely and sustainably 

resume normal travel. 

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. 2021–18060 Filed 8–20–21; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2020–0647] 

RIN 1625–AA09 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway, Point 

Pleasant, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation that governs the Route 88 

(Veterans Memorial) Bridge and Route 

13 (Lovelandtown) Bridge across the 

NJICW at Point Pleasant Canal, mile 3.0 

and 3.9, respectively at Point Pleasant, 

NJ. The final rule allows the 

drawbridges to be maintained in the 

closed position overnight. 

DATES: The rule is effective September 

22, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2020– 

0647. In the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mr. Mickey Sanders, 

Bridge Administration Branch, Fifth 

District, U.S. Coast Guard, telephone 

(757) 398–6587, email 

Mickey.D.Sanders2@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

NJICW New Jersey Intracoastal Waterway 

II. Background, Purpose and Legal 

Basis 

On March 26, 2021, we published a 

noticed of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; New Jersey Intracoastal 

Waterway, Point Pleasant, NJ in the 

Federal Register (86 FR 16153). We 

received no comments on this rule. The 

Route 88 (Veterans Memorial) Bridge 

across the NJICW at Point Pleasant 

Canal, mile 3.0, at Point Pleasant, NJ, 

has a vertical clearance of 10 feet above 

mean high water in the closed-tonavigation position. The bridge 

currently operates under 33 CFR 117.5. 

The Route 13 (Lovelandtown) Bridge 

across the NJICW at Point Pleasant 

Canal, mile 3.9, at Point Pleasant, NJ, 

has a vertical clearance of 30 feet above 

mean high water in the closed-tonavigation position. The bridge 

currently operates under 33 CFR 117.5. 

The Point Pleasant Canal is used 

predominately by recreational vessels 

and pleasure craft. The three-year 

average number of bridge openings, 

maximum number of bridge openings, 

and bridge openings between 11 p.m. to 

7 a.m., by month and overall for August 

2017, through August 2020, as drawn 

from the data contained in the bridge 

tender logs, is presented below. There is 

a monthly average of two bridge 

openings for each bridge, from 11 p.m. 

to 7 a.m., from August 2017 to August 

2020. 

Month Average 

openings 

Maximum 

openings 

Average 

openings 

11 p.m.–7 a.m. 

January ............................................................................................................................................ 4 14 0 

February ........................................................................................................................................... 2 7 0 

March ............................................................................................................................................... 7 21 0 

April .................................................................................................................................................. 24 72 2 

May .................................................................................................................................................. 51 154 6 

June ................................................................................................................................................. 74 223 18 

July ................................................................................................................................................... 125 376 20 

August .............................................................................................................................................. 101 407 20 

September ....................................................................................................................................... 63 190 8 

October ............................................................................................................................................ 51 155 6 

November ........................................................................................................................................ 29 89 7 

December ........................................................................................................................................ 16 49 1 


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