24048 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

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). 

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.’’). 

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 ongoing public 

health emergency caused by COVID–19, 

including the rapidly evolving 

circumstances associated with 

fluctuating rates of infection due to the 

Omicron variant and other potential 

future variants, 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. 2022–08741 Filed 4–21–22; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Chapter I 

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 

continue 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 the 

processing for entry into the United 

States of only those noncitizen nonLPRs who are fully vaccinated against 

COVID–19 and can provide proof of 

being fully vaccinated against COVID– 

19 upon request at arrival. According to 

the Centers for Disease Control and 

Prevention (‘‘CDC’’), vaccines remain 

the most effective public health measure 

to protect people from severe illness or 

death from COVID–19, slow the 

transmission of COVID–19, and reduce 

the likelihood of new COVID–19 

variants emerging. These restrictions 

help protect the health and safety of 

both the personnel at the border and 

other travelers, as well as U.S. 

destination communities. These 

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. 

DATES: These restrictions will become 

effective at 12:00 a.m. Eastern Daylight 

Time (EDT) on April 22, 2022, and may 

be amended or rescinded at any time, 

including to conform these restrictions 

to any intervening changes in 

Presidential Proclamation 10294 and 

implementing CDC orders and 

consistent with the requirements of 19 

U.S.C. 1318. 

FOR FURTHER INFORMATION CONTACT: 

Greta Campos, Office of Field 

Operations, U.S. Customs and Border 

Protection (CBP), 202–344–2775. 

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. On 

October 21, 2021, DHS extended 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 then-recent 

increases in case levels, 

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 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 24049 

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 

10294’’), 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 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 Jan. 20, 2022); 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 Jan. 20, 2022). 

8See Memorandum from CDC to CBP re Public 

Health Recommendation for Proof of COVID–19 

Vaccination at U.S. Land Borders (Dec. 14, 2021). 

9 Id. 

10 Id. 

11Memorandum from CDC to CBP re Public 

Health Recommendation for Proof of COVID–19 

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

18, 2022). 

12See 87 FR 3429 (Jan. 24, 2022); 87 FR 3425 (Jan. 

24, 2022) (parallel Mexico notification). 

13See Memorandum from CDC to CBP, Update: 

Public Health Recommendation for Proof of 

COVID–19 Vaccination at U.S. Land Borders under 

Title 19 (March 21, 2022). 

14See Memorandum from CDC to CBP (March 21, 

2022). 

15COVID Data Tracker Weekly Review: 

Interpretive Summary for February 11, 2022, 

Centers for Disease Control and Prevention, https:// 

www.cdc.gov/coronavirus/2019-ncov/covid-data/ 

covidview/past-reports/02112022.html (Feb. 11, 

2022); see Memorandum from CDC to CBP (March 

21, 2022). 

to the United States, whether for 

essential or 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 CDC,5 DHS announced that 

beginning November 8, 2021, nonessential 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 upon request.6 DHS 

also announced in October 2021 that 

beginning in January 2022, inbound 

noncitizen non-LPRs traveling to the 

United States via land POEs—whether 

for essential or non-essential reasons— 

would be required to be fully vaccinated 

against COVID–19 and provide proof of 

full COVID–19 vaccination status. In 

making this announcement, the 

Department provided fair notice of the 

anticipated changes, thereby allowing 

ample time for noncitizen non-LPR 

essential travelers to get fully vaccinated 

against COVID–19.7

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 Consistent with these 

considerations and in line with DHS’s 

October 2021 announcement, CDC 

recommended that proof of COVID–19 

vaccination requirements be expanded 

to cover both essential and non-essential 

noncitizen non-LPR travelers. 

In support of this conclusion, CDC 

cited studies indicating 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. 

Conversely, unvaccinated people are 14 

times more likely to die from COVID– 

19 than those who are vaccinated.9 Per 

CDC, ‘‘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.’’ 10 In 

a January 14, 2022, update, 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 had 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 

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 to travel restrictions for 

specific worker categories as a public 

health matter.11

Given these recommendations, and 

after consultation with interagency 

partners and consideration of all 

relevant factors, including economic 

considerations, DHS announced the 

decision of the Secretary to temporarily 

restrict travel by noncitizen non-LPRs 

into the United States at land POEs 

along the United States-Canada border 

by requiring proof of COVID–19 

vaccination upon request at arrival.12

This requirement was put in place at 

12:00 a.m. EST on January 22, 2022, and 

will remain in effect until 11:59 p.m. 

EDT on April 21, 2022, unless amended 

or rescinded prior to that time. 

CDC’s Public Health Assessment and 

Recommendation To Continue COVID– 

19 Vaccination Requirement for Entry 

of Noncitizen Non-LPR Travelers 

In considering whether to extend the 

travel restrictions, DHS solicited, and 

CDC provided to DHS, an updated 

public health assessment and 

recommendations regarding the DHS 

requirement for noncitizen non-LPRs to 

be fully vaccinated and to provide proof 

of COVID–19 vaccination for entry at 

land POEs. CDC sent a memorandum to 

the Commissioner of U.S. Customs and 

Border Protection on March 21, 2022, 

with its recommendations.13 CDC 

reiterated that vaccination protects the 

public from severe illness, including 

deaths and hospitalizations.14 Of note, a 

recent CDC study found that, for those 

people hospitalized with COVID–19, 

severe outcomes, as measured by length 

of hospital stay and number of intensive 

care unit stays, appeared lower at the 

time when the Omicron variant was 

initially surging than during previous 

periods of high transmission associated 

with previous variants—something that 

CDC attributed in part to wider 

vaccination coverage and up-to-date 

boosters.15 This is consistent with CDC’s 


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24050 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

16COVID–19 Vaccines Work, December 23, 2021. 

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

vaccines/effectiveness/work.html (accessed March. 

22, 2022). 

17See Memorandum from CDC to CBP (March 21, 

2022). 

18 Id. 

19See id. 

20See Memorandum from CDC to CBP (Dec. 14, 

2021). 

21Canadian statistics may be found at: https://

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

22See Memorandum from CDC to CBP, Update: 

Public Health Recommendation for Proof of 

COVID–19 Vaccination at U.S. Land Borders under 

Title 19 (Apr. 14, 2022). 

23 Consistent with its assessment in January, CBP 

continues to assess that a testing option is not 

operationally feasible given the significant number 

of land border crossers that go back and 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. 

24See Memorandum from CDC to CBP (Mar. 21, 

2022). 

assessment that vaccines remain the 

most effective public health measure to 

protect people from severe illness or 

death from COVID–19, slow 

transmission of COVID–19, and reduce 

the likelihood of new COVID–19 

variants emerging.16

CDC also noted that the U.S. 

Government’s actions and guidance in 

response to COVID–19 have evolved 

over the course of the pandemic as more 

scientific information has become 

available. During earlier phases of the 

pandemic, pharmaceutical interventions 

were unavailable, and the United States 

had to instead rely on largely 

nonpharmaceutical interventions, 

including limits on gatherings and 

school closures, masking, and testing. 

Expanded epidemiologic data, advances 

in scientific knowledge, and the 

availability of pharmaceutical 

interventions (both vaccines and 

effective treatments), however, have 

permitted many of those early actions to 

be dialed back in favor of a more 

nuanced and narrowly tailored set of 

tools that provide a less burdensome 

means of preventing and controlling 

COVID–19. In CDC’s judgment, 

maintaining high vaccination coverage 

is essential to sustaining the use of less 

burdensome measures. To ensure 

sustained vaccine coverage, CDC 

recommends continuing both domestic 

efforts to increase vaccine uptake 

(primary series and booster doses) 

among U.S. residents and measures to 

ensure high rates of vaccination 

coverage among persons entering the 

United States.17

Echoing prior assessments, CDC’s 

March 21, 2022, recommendation 

‘‘encourages continued implementation 

of comprehensive requirements for 

proof of vaccination for all [noncitizen 

non-LPRs] seeking entry into the United 

States,’’ whether by land or by air.18

CDC also once again recommended a 

‘‘comprehensive’’ proof-of-vaccination 

requirement and recommended against 

‘‘further exceptions for specific worker 

categories at this time,’’ as global 

vaccination rates continue to rise.19

Of particular importance to this 

analysis, COVID–19 vaccines—which 

according to CDC are ‘‘the single most 

important measure’’ for responding to 

COVID–19 20—are widely available and 

have been increasingly available for 

months. As of April 8, 2022, in Canada, 

81.39 percent of the entire population 

was fully vaccinated against COVID–19, 

while 85.59 percent of individuals five 

years and older are fully vaccinated 

against COVID–19.21 According to the 

U.S. Department of State, as of March 

28, 2022, Mexico administered at least 

one vaccine dose to 85.5 million people 

(90 percent of the adult target 

population) and fully vaccinated 79.6 

million (87.8 percent of the adult target 

population). Approximately 61.8 

percent of Mexico’s total population is 

fully vaccinated. 

On April 14, 2022, DHS asked CDC 

whether CDC’s March 21, 2022, 

recommendations had changed over the 

preceding three weeks. CDC responded 

that its recommendations had not 

changed. CDC had reviewed the 

available data and concluded that its 

recommendations remain the same. CDC 

wrote that it ‘‘encourages continued 

implementation of comprehensive 

requirements for proof of vaccination for 

all [noncitizen non-LPRs] seeking entry 

into the United States for travel or 

commerce, whether by land or by air. 

Doing so will help maintain high 

vaccination coverage across the United 

States, which is essential to sustaining 

the advances we have made thus far and 

have allowed some early actions to be 

revised. CDC does not recommend 

further exceptions for specific worker 

categories at this time.’’ 22

Analysis of Temporary Travel 

Restrictions Under 19 U.S.C. 1318 

DHS has consulted with interagency 

partners, taking into account relevant 

factors, including the above-mentioned 

CDC public health assessment, 

economic considerations, and 

operational impacts,23 and concludes 

that a broad COVID–19 vaccination 

requirement at land POEs remains 

necessary and appropriate. In reaching 

this conclusion, DHS also reviewed a 

range of concerns, including those 

related to potential impacts on 

employers seeking H–2A temporary 

agricultural workers and entities that 

employ or rely on long-haul truck 

drivers engaged in cross-border 

transportation of goods. After careful 

review, DHS has determined not to 

provide industry-specific exceptions for 

the following two key reasons: (1) 

Workers engaged in trucking and 

agriculture continue to present a public 

health risk if not vaccinated; and (2) the 

vaccination requirement that has been 

in place since January 22, 2022, has not 

materially disrupted cross-border 

economic activity, according to data 

analysis that included input from DHS 

and other federal agencies. 

First, even if particular workers do 

not engage in extended interaction with 

others, they still engage in activities that 

involve contact with others, thereby 

increasing the risk of being infected and 

spreading COVID–19. It is for this 

reason, and because vaccines are widely 

available, that as a public health matter, 

CDC once again did not recommend 

further exceptions for specific worker 

categories at this time.24 Such workers 

also may enter the United States after 

contracting COVID–19 elsewhere, 

become seriously ill after arrival, and 

require hospitalization and use of 

limited healthcare resources as a result. 

A COVID–19 vaccination requirement at 

land POEs helps protect the health and 

safety of personnel at the border, other 

travelers, and the U.S. communities 

where these persons may be traveling 

and spending time among members of 

the public. Such a requirement also 

reduces potential burdens on local 

healthcare resources in U.S. 

communities. 

Second, DHS data, as well as that 

provided by other federal agencies, does 

not indicate a material disruption to 

cross-border economic activity and 

movement resulting from the 

vaccination requirement imposed in 

January 2022, including among 

temporary agriculture workers and 

commercial truck drivers. In fact, there 

has been an increase, not decrease, in 

the number of H–2A nonimmigrant 

workers admitted to the United States as 

compared to last year. While it is 

possible that there are individual-level 

effects on a subset of workers who are 

not fully vaccinated or their current or 

prospective employers, such impacts 

appear marginal based on the aggregate 

data. 

As shown in Figure 1 (where the 

vertical line represents the date the 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 24051 

vaccination requirement for noncitizen 

non-LPRs went into full effect), H–2A 

admissions this fiscal year generally 

track seasonal patterns, which have 

reflected a longer-term increase in H–2A 

admissions since 2019, as shown in 

Figure 2. In fact, as stated above, H–2A 

admissions were generally higher 

between January 22, 2022 and March 31, 

2022 when the COVID–19 vaccination 

requirement has been in place, as 

compared to H–2A admission numbers 

for the same time in 2021. 

BILLING CODE 9112–FP–P 


lotter on DSK11XQN23PROD with RULES1ER22AP22.005</GPH>

Figure 1. Rolling Average of H-2A Admissions (7 days) 

5000 

4500 

4000 

3500 

3000 

2500 

I .. ., ' 

2000 

1500 

1000 

500 

0 

- - - CY 2021 --CY 2022 - - - - - Linear (CY 2021) --Linear (CY 2022) 

Data Source: BorderStat. April 13, 2022. 
24052 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

Likewise, there was no significant 

decrease in border crossings by 

commercial truck following the 

vaccination requirement that went into 

effect on January 22, 2022. Figures 3 and 

4 cover the months before the new 

vaccination requirement was 

implemented as well as the months 

when the new vaccination requirement 

was implemented. This data shows 

regular fluctuations generally consistent 

with what is seen in data for the same 

time in Fiscal Year 2021 and in the 

months in 2022 before the new 

vaccination requirement went into 

effect. And while the aggregate number 

of commercial trucks entering the 

United States from Canada in 2022 is 

lower than 2021, this initial decrease 

predates the implementation of the new 

vaccination requirement on January 22, 

2022, and is not mirrored on the 

Southern border, where commercial 

truck traffic appears to have slightly 

increased in 2022. 


lotter on DSK11XQN23PROD with RULES1ER22AP22.006</GPH>

Figure 2. Total Monthly H-2A Admissions 

140,000 

120,000 

100,000 

80,000 

60,000 

40,000 

20,000 

0 

················ 

-----

........... 2019 --2020 - - - 2021 - • - 2022 

Data Source: BorderStat. April 13, 2022. 
Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 24053 

BILLING CODE 9112–FP–C 

DHS, in consultation with interagency 

partners, also has considered the 

operational effect of these requirements. 

In the January 2022 Notification, DHS 

projected minimal short-term 

operational impact. The relevant data 

that DHS and other federal agency 

partners have analyzed indicate that 

these projections were accurate. DHS 

has closely monitored wait times at land 

POEs, examined cross-border 

movement, and analyzed available data 

on border crossings since the 

vaccination requirement went into effect 

at land POEs on January 22, 2022, and 

has observed very minimal operational 

disruptions. As travelers become more 

familiar with the vaccination 

requirement and vaccination rates 

continue to increase globally, DHS 

projects any operational impacts to 

further diminish. 


lotter on DSK11XQN23PROD with RULES1ER22AP22.007</GPH> ER22AP22.008</GPH>

Figure 3. Rolling Average of Northern Border Truck Crossings (7 days) by Fiscal Year 

18000 

16000 -- -- ---- 14000 

12000 

10000 

8000 

6000 

4000 

2000 

0 

-----·FY21 --FY22 

Data Source: BorderStat. April 13, 2022. 

Figure 4. Rolling Average of Southern Border Truck Crossings (7 days) by Fiscal Year 

26000 

24000 

22000 

20000 -~.,-" 

18000 

16000 

14000 

12000 

10000 

8000 

6000 

4000 

2000 

0 

h. j 

\ , __ , I 

" 

-----·FY21 --FY22 

Data Source: BorderStat. April 13, 2022. 

\ , \ ,, 

.... 

. , I I 

.... 
24054 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

25See Presidential Proclamation 10294, supra, at 

n.5. 

26 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). 

27 86 FR 61224 (Nov. 5, 2021). 

28The exceptions to this temporary restriction are 

generally aligned with those outlined in 

Presidential Proclamation 10294 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. 

29CDC, 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 Mar. 3, 2022). 

30Although past notifications of this type have 

sunset on dates certain, DHS has determined, in 

light of the analysis above, to instead engage in 

regular reviews of this policy, guided by public 

health data and other relevant inputs. In 

determining whether and when to lift the 

requirements imposed under this notification, DHS 

anticipates that it will take account of whether 

Presidential Proclamation 10294 remains in effect, 

among all relevant factors, consistent with the 

requirements of 19 U.S.C. 1318. DHS anticipates 

lifting the requirements imposed under this 

notification no later than when Presidential 

Proclamation 10294 is revoked. 

Based on the foregoing analysis and 

CDC recommendations, with this 

Notification, DHS will continue to align 

COVID–19 travel restrictions applicable 

to land POEs with those that apply to 

incoming international air travel,25

ensuring more consistent application of 

COVID–19 vaccination requirements 

across travel domains. As a result, with 

limited exception, all noncitizen nonLPRs will be required, upon request, to 

show proof of full vaccination against 

COVID–19 to enter the United States. 

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 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),26 I have 

determined, in consultation with CDC 

and other interagency partners, that it is 

necessary to respond to the ongoing 

threat at land POEs along the United 

States-Canada border by allowing the 

processing of travelers to the United 

States for only those noncitizen nonLPRs 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 Presidential Proclamation 

10294 and CDC’s implementing Order 

(‘‘CDC Order’’).27 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 nonLPRs: 28

• 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 noncitizen non-LPRs 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 this requirement to 

provide proof of eligibility consistent 

with documentation requirements 

outlined in CDC’s Technical 

Instructions.29

This Notification does not apply to air 

or sea travel (except ferries and pleasure 

craft) 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 address temporary 

conditions and may be amended or 

rescinded at any time, including to 

conform these restrictions to any 

intervening changes in Presidential 

Proclamation 10294 and implementing 

CDC orders and consistent with the 

requirements of 19 U.S.C. 1318.30 In 

conjunction with interagency partners, 

DHS will closely monitor the effect of 

the requirements discussed herein, and 

the Secretary will, as needed and 

warranted, exercise relevant 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. 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 ongoing public 

health emergency caused by COVID–19, 

including the rapidly evolving 

circumstances associated with 

fluctuating rates of infection due to the 

Omicron variant and other potential 

future variants, 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 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 24055 

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. 2022–08743 Filed 4–21–22; 8:45 am] 

BILLING CODE 9112–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2022–0053] 

Safety Zone; Southern California 

Annual Firework Events for the San 

Diego Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zones for the Big Bay Boom 

Fourth of July Fireworks on the waters 

of San Diego Bay, CA on Monday, July 

4, 2022. The safety zones are necessary 

to provide for the safety of the 

participants, spectators, official vessels 

of the event, and general users of the 

waterway. Our regulation for the 

Southern California Annual Firework 

Events for the San Diego Captain of the 

Port Zone identifies the regulated areas 

for this event. During the enforcement 

period, spectators may not anchor, 

block, loiter in, or impede the transit of 

official patrol vessels in the regulated 

areas without the approval of the 

Captain of the Port, or his designated 

representative. 

DATES: The regulations in 33 CFR 

165.1123 will be enforced from 8 p.m. 

until 10 p.m. on July 4, 2022 for the 

locations described in Item No. 5 in 

Table 1 to § 165.1123. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Lieutenant 

Commander John Santorum, Waterways 

Management, U.S. Coast Guard Sector, 

San Diego, CA; telephone 619–278– 

7656, email MarineEventsSD@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone 

regulations in 33 CFR 165.1123 for the 

Big Bay Boom Fourth of July Fireworks 

regulated area, for the locations 

described in Table 1 to § 165.1123, Item 

No. 5 of that section from 8 p.m. until 

10 p.m. on July 4, 2022. This action is 

being taken to provide for the safety of 

life on navigable waterways during the 

fireworks event. Our regulation for 

Southern California Annual Firework 

Events for the San Diego Captain of the 

Port Zone, Item No. 5 in Table 1 to 

§ 165.1123, identifies the regulated areas 

for the Big Bay Boom Fourth of July 

Fireworks event which encompasses 

multiple portions of San Diego Bay. 

Under the provisions of § 165.1123, a 

vessel may not enter the regulated area, 

unless it receives permission from the 

Captain of the Port, or his designated 

representative. Spectator vessels may 

safely transit outside the regulated area 

but may not anchor, block, loiter, or 

impede the transit of participants or 

official patrol vessels. The Coast Guard 

may be assisted by other Federal, State, 

or Local law enforcement agencies in 

enforcing this regulation. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, marine 

information broadcasts, and local 

advertising by the event sponsor. 

If the Captain of the Port or his 

designated representative determines 

that the regulated area need not be 

enforced for the full duration stated on 

this document, he or she may use a 

Broadcast Notice to Mariners or other 

communications coordinated with the 

event sponsor to grant general 

permission to enter the regulated area. 

Dated: April 18, 2022. 

T.J. Barelli, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2022–08567 Filed 4–21–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

Final Waiver and Extension of the 

Project Periods for the Education 

Research and Special Education 

Research Grant Programs 

AGENCY: Institute of Education Sciences 

(IES), Department of Education. 

ACTION: Final waiver and extension of 

project periods. 

SUMMARY: The Secretary waives the 

requirements in the Education 

Department General Administrative 

Regulations that generally prohibit 

project periods exceeding five years and 

project period extensions involving the 

obligation of additional Federal funds. 

The waiver and extension enable 

projects under Assistance Listing 

Numbers (ALN) 84.305A, 84.305B, 

84.305C, 84.305R, 84.324A, 84.324B, 

and 84.324R to receive funding for an 

additional period, not to exceed 1 year. 

DATES: The waiver and extension of the 

project periods are effective April 22, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Allen Ruby, U.S. Department of 

Education, 550 12th Street SW, Room 

4146, Washington, DC 20202. 

Telephone: (202) 245–8145. Email: 

Allen.Ruby@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the Education Research Grants 

Program (ALN 84.305A), the Education 

Research and Development Center 

Program (ALN 84.305C), Research 

Grants focused on Systematic 

Replication (ALN 84.305R), the Special 

Education Research Grants Program 

(ALN 84.324A), and Research Grants 

Focused on Systematic Replication in 

Special Education (ALN 84.324R), IES 

supports research activities to improve 

the quality of U.S. education and 

thereby increase student academic 

achievement, advance teaching and 

learning for students with disabilities 

from birth through postsecondary 

education, reduce the achievement gap 

between high-performing and lowperforming students, and increase 

access to and completion of 

postsecondary education. Under the 

Research Training Programs in the 

Education Sciences (ALN 84.305B) and 

the Research Training Programs in 

Special Education (ALN 84.324B), IES 

supports training programs to prepare 

individuals to conduct rigorous and 

relevant education research to advance 

knowledge in the field and address 

issues important to education 

policymakers and practitioners. 

Ongoing IES-funded projects under 

the above seven IES grant programs 

have been forced to put their research or 

training on hold for up to two years and 

may be required to remain on hold for 

additional time, due to the disruptions 

caused by COVID–19. During this 

period, such projects have not received 

their annual continuation funding from 

their original grant awards. Once these 

projects restart their research or training 

activities, the prohibitions against 

project periods exceeding five years and 


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