[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16548-16549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06217]


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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 temporary travel restrictions.

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SUMMARY: This document announces the decision of the Secretary of 
Homeland Security 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 this 
document.

DATES: These restrictions go into effect at 11:59 p.m. Eastern Daylight 
Time (EDT) on March 20, 2020 and will remain in effect until 11:59 p.m. 
EDT on April 20, 2020.

FOR FURTHER INFORMATION CONTACT: Alyce Modesto, Office of Field 
Operations, U.S. Customs and Border Protection (CBP) at 202-344-3788.

SUPPLEMENTARY INFORMATION:

Background

    Coronavirus Disease 2019 (COVID-19), a communicable disease caused 
by a new (novel) coronavirus named SARS-CoV-2, is a respiratory disease 
that can cause fever, cough, and difficulty breathing, with reported 
illnesses ranging from mildly symptomatic to severe illness and death. 
Although the virus that causes COVID-19 was originally detected in 
China, it has resulted in a pandemic with cases in 158 countries, 
including in the United States and Canada. On January 30, 2020, the 
Director-General of the World Health Organization declared the outbreak 
a ``public health emergency of international concern'' under the 
International Health Regulations (2005).\1\ On January 31, 2020, the 
Secretary of the Department of Health and Human Services declared a 
nationwide ``public health emergency'' under section 319 of the Public 
Health Service Act, 42 U.S.C. 274d, as a result of confirmed cases of 
COVID-19.\2\ On March 11, 2020, the World Health Organization announced 
that the COVID-19 outbreak can be characterized as a pandemic. On March 
13, 2020, the President determined that the ongoing COVID-19 pandemic 
is of sufficient severity and magnitude to warrant an emergency 
determination under section 501(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207. In addition, 
on March 13, 2020, the President declared a national emergency under 
sections 201 and 301 of the National Emergencies Act, 50 U.S.C. 1601 et 
seq.\3\ To protect against the COVID-19 threat in Canada, the 
Government of Canada announced measures effective March 18, 2020 to 
close its borders to foreign nationals entering the country and to 
redirect international flight arrivals to predesignated airports. 
Additionally, multiple provinces within Canada declared states of 
emergency due to the COVID-19 outbreak.
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    \1\ Statement on the second meeting of the International Health 
Regulations (2005) Emergency Committee regarding the outbreak of 
novel coronavirus (2019-nCoV) (Jan. 30, 2020), available at https://www.who.int/news-room/detail/30-01-2020-statement-on-the-second-meeting-of-the-international-health-regulations-(2005)-emergency-
committee-regarding-the-outbreak-of-novel-coronavirus-(2019-ncov).
    \2\ HHS, ``Determination that a Public Health Emergency 
Exists,'' https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx.
    \3\ Proclamation 9994 of Mar. 13, 2020 on Declaring a National 
Emergency Concerning the Novel Coronavirus Disease (COVID-19) 
Outbreak, 85 FR 15337 (Mar. 18, 2020).

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[[Page 16549]]

Notice of Action

    Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, I have determined that the 
risk of continued transmission and spread of COVID-19 between the 
United States and Canada poses a ``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 poses additional 
risk of transmission and spread of COVID-19 and places the populace of 
both nations at increased risk of contracting COVID-19. Moreover, given 
the sustained human-to-human transmission of the virus, maintaining the 
current level 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 COVID-19. Accordingly, and consistent 
with the authority granted in 19 U.S.C. 1318(b)(1)(C) and (b)(2),\4\ I 
have determined that land ports of entry along the U.S.-Canadian border 
will suspend normal operations and process for entry only those 
travelers engaged in ``essential travel,'' defined below, for entry 
into the United States. 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.
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    \4\ 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 
``take 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).
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    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 States-Canada 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 cross-border 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 military-related 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 and ferry 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 April 20, 2020. This Notification may be 
amended or rescinded prior to that time, based on circumstances 
associated with the specific threat.
    The Commissioner of U.S. Customs and Border Protection (CBP) is 
hereby directed to prepare and distribute appropriate guidance to CBP 
personnel on 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.''
    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, is delegating the authority to 
electronically sign this document to Chad Mizelle, who is the Acting 
General Counsel for DHS, for purposes of publication in the Federal 
Register.

Chad R. Mizelle,
Acting General Counsel, U.S. Department of Homeland Security.
[FR Doc. 2020-06217 Filed 3-20-20; 10:30 am]
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