Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country, 6331-6336 [2021-01067]
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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices
Jock
K. Chung, Attorney, Division of
Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
Mail Code CC–9528, 600 Pennsylvania
Ave. NW, Washington, DC 20580, (202)
326–2984.
SUPPLEMENTARY INFORMATION:
Title: Amplifier Rule, 16 CFR part
432.
OMB Control Number: 3084–0105.
Type of Review: Extension of a
currently approved collection.
Estimated Annual Hours of Burden:
450 hours (300 testing-related hours;
150 disclosure-related hours).
Likely Respondents and Estimated
Burden:
(a) Testing—High fidelity
manufacturers—300 new products/year
× 1 hour each = 300 hours; and
(b) Disclosures—High fidelity
manufacturers—[(300 new products/
year × 1 specification sheet) + (300 new
products/year × 1 brochure)] × 15
minutes per specification sheet or
brochure = 150 hours.
Frequency of Response: Periodic.
Estimated Annual Labor Cost: $26,130
per year ($15,897 for testing + $10,233
for disclosures).
Abstract: The Amplifier Rule assists
consumers by standardizing the
measurement and disclosure of power
output and other performance
characteristics of amplifiers in stereos
and other home entertainment
equipment. The Rule also specifies the
test conditions necessary to make the
disclosures that the Rule requires.
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FOR FURTHER INFORMATION CONTACT:
Request for Comment
On November 2, 2020, the FTC sought
public comment on the information
collection requirements associated with
the Rule. 85 FR 69331. The Commission
received no germane comments.
Pursuant to the OMB regulations, 5 CFR
part 1320, that implement the PRA, 44
U.S.C. 3501 et seq., the FTC is providing
this second opportunity for public
comment while seeking OMB approval
to renew the pre-existing clearance for
the Rule.
Your comment—including your name
and your state—will be placed on the
public record of this proceeding.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, such as anyone’s Social
Security number; date of birth; driver’s
license number or other state
identification number, or foreign
country equivalent; passport number;
financial account number; or credit or
debit card number. You are also solely
responsible for making sure that your
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comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021–01156 Filed 1–19–21; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Requirement for Negative PreDeparture COVID–19 Test Result or
Documentation of Recovery From
COVID–19 for All Airline or Other
Aircraft Passengers Arriving Into the
United States From Any Foreign
Country
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice of agency order.
AGENCY:
The Centers for Disease
Control and Prevention (CDC), located
within the Department of Health and
Human Services (HHS) announces an
Agency Order requiring negative predeparture COVID–19 test results or
documentation of recovery from
COVID–19 for all airline or other aircraft
passengers arriving into the United
States from any foreign country. This
Order is issued to preserve human life;
prevent the further introduction,
transmission, and spread of the virus
that causes COVID–19 into the United
States, including new virus variants;
preserve the health and safety of airline
crew members, passengers, airport
personnel, and communities; and
preserve hospital, Healthcare, and
emergency response resources within
the United States.
DATES: This Order is effective January
26, 2021.
FOR FURTHER INFORMATION CONTACT:
Jennifer Buigut, Division of Global
Migration and Quarantine, Centers for
Disease Control and Prevention, 1600
SUMMARY:
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6331
Clifton Road NE, MS H16–4, Atlanta,
GA 30329. Email: dgmqpolicyoffice@
cdc.gov.
This
Notice and Order prohibit the
introduction into the United States of
any aircraft passenger departing from
any foreign country unless the
passenger: (1) Has a negative predeparture test result for SARS–CoV–2,
the virus that causes COVID–19
(Qualifying Test); or (2) written or
electronic documentation of recovery
from COVID–19 after previous SARS–
CoV–2 infection in the form of a
positive viral test result and a letter
from a licensed health care provider or
public health official stating that the
passenger has been cleared for travel
(Documentation of Recovery). The
negative pre-departure test must be a
viral test that was conducted on a
specimen collected during the 3
calendar days preceding the flight’s
departure from a foreign country
(Qualifying Test). Alternatively, if the
passenger has recovered from COVID–
19, the passenger may instead travel
with written or electronic
documentation of a positive viral test
result that confirms previous SARS–
CoV–2 infection and a letter from a
licensed health care provider or public
health official stating that the passenger
has been cleared for travel
(Documentation of Recovery). A
passenger must retain written or
electronic documentation reflecting the
negative Qualifying Test result or
Documentation of Recovery presented to
the airline or other aircraft operator. A
passenger must also produce such
Qualifying Test result or Documentation
of Recovery upon request to any U.S.
government official or a cooperating
state or local public health authority.
This Notice and Order constitute a
controlled free pratique to any airline or
other aircraft operator with an aircraft
arriving into the United States. Pursuant
to this controlled free pratique, the
airline or other aircraft operator must
comply with the following conditions to
receive permission for the aircraft to
enter and disembark passengers in the
United States:
• Airline or other aircraft operator
must verify that every passenger—2
years of age or older—onboard the
aircraft has attested to receiving a
negative Qualifying Test result or to
having recovered from COVID–19 after
previous SARS–CoV–2 infection and
being cleared to travel by a licensed
health care provider or public health
official.
• Airline or other aircraft operator
must confirm that every passenger
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices
onboard the aircraft has documentation
of a negative Qualifying Test result or
Documentation of Recovery from
COVID–19.
This Order establishes requirements
for (1) airlines arriving into the United
States from any foreign country and (2)
passengers departing any foreign
country with a final destination in the
United States.
A copy of the Order and Attachment
A are provided below and a copy of the
signed order can be found at https://
www.cdc.gov/quarantine/fr-proofnegative-test.html.
Centers for Disease Control and
Prevention Department of Health and
Human Services
Order Under Section 361 of the Public
Health Service Act (42 U.S.C. 264) and
42 Code of Federal Regulations 71.20 &
71.31(b)
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Requirement for Negative PreDeparture Covid–19 Test Result or
Documentation of Recovery From
Covid–19 for All Airline or Other
Aircraft Passengers Arriving Into the
United States From Any Foreign
Country 1
Summary
Pursuant to 42 CFR 71.20 and as set
forth in greater detail below, this Notice
and Order prohibit the introduction into
the United States of any aircraft
passenger departing from any foreign
country unless the passenger: (1) Has a
negative pre-departure test result for
SARS–CoV–2, the virus that causes
COVID–19 (Qualifying Test); or (2)
written or electronic documentation of
recovery from COVID–19 after previous
SARS–CoV–2 infection in the form of a
positive viral test result and a letter
from a licensed health care provider or
public health official stating that the
passenger has been cleared for travel
(Documentation of Recovery).
The negative pre-departure test must
be a viral test that was conducted on a
specimen collected during the 3
calendar days preceding the flight’s
departure from a foreign country
(Qualifying Test). Alternatively, if the
passenger has recovered from COVID–
19, the passenger may instead travel
with written or electronic
documentation of a positive viral test
result that confirms previous SARS–
CoV–2 infection and a letter from a
licensed health care provider or public
health official stating that the passenger
1 This Order supersedes the previous order signed
by the U.S. Centers for Disease Control and
Prevention (CDC) Director on December 25, 2020,
requiring a negative pre-departure COVID–19 test
result for all airline passengers arriving into the
United States from the United Kingdom.
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has been cleared for travel
(Documentation of Recovery). A
passenger must retain written or
electronic documentation reflecting the
negative Qualifying Test result or
Documentation of Recovery presented to
the airline or other aircraft operator. A
passenger must also produce such
Qualifying Test result or Documentation
of Recovery upon request to any U.S.
government official or a cooperating
state or local public health authority.
Pursuant to 42 CFR 71.31(b) and as set
forth in greater detail below, this Notice
and Order constitute a controlled free
pratique to any airline or other aircraft
operator with an aircraft arriving into
the United States. Pursuant to this
controlled free pratique, the airline or
other aircraft operator must comply
with the following conditions to receive
permission for the aircraft to enter and
disembark passengers in the United
States:
• Airline or other aircraft operator
must verify that every passenger—2
years of age or older—onboard the
aircraft has attested to receiving a
negative Qualifying Test result or to
having recovered from COVID–19 after
previous SARS–CoV–2 infection and
being cleared to travel by a licensed
health care provider or public health
official.
• Airline or other aircraft operator
must confirm that every passenger
onboard the aircraft has documentation
of a negative Qualifying Test result or
Documentation of Recovery from
COVID–19.
Statement of Intent
This Order shall be interpreted and
implemented to achieve the following
paramount objectives:
• Preservation of human life;
• Preventing the further introduction,
transmission, and spread of the virus
that causes COVID–19 into the United
States, including new virus variants;
• Preserving the health and safety of
crew members, passengers, airport
personnel, and communities; and
• Preserving hospital, healthcare, and
emergency response resources within
the United States.
Definitions
Aircraft shall have the same definition
as under 42 U.S.C. 40102(a)(6).
‘‘Aircraft’’ includes, but is not limited
to, commercial, general aviation, and
private aircraft destined for the United
States from a foreign country.
Aircraft Operator means an individual
or organization causing or authorizing
the operation of an aircraft.
Airline shall have the same definition
as under 42 CFR 71.1(b).
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Attest/Attestation means having
completed the attestation in Attachment
A. Such attestation may be completed in
written or electronic form. The
attestation is a statement, writing, entry,
or other representation under 18 U.S.C.
1001.2
Confirm that every passenger onboard
the aircraft has documentation
reflecting a negative Qualifying Test
result means confirmation that:
(1) The personal identifiers (e.g.,
name and date of birth) on the negative
Qualifying Test result match the
personal identifiers on the passenger’s
passport or other travel documents;
(2) if the passenger is arriving on a
direct flight to the United States, the
specimen was collected within the 3
calendar days preceding the flight’s
departure;
(3) if the passenger is arriving via one
or more connecting flights, the
specimen was collected within the 3
calendar days preceding the departure
of the initial flight but only if
a. The connecting flights were booked
as a single passenger record with a
destination in the United States,
b. each connection is no longer than
24 hours, and
c. the airline or aircraft operator has
instructed the passenger to comply—
and uses reasonable efforts to facilitate
compliance—with the safety protocols
set forth in Runway to Recovery 1.1,
December 21, 2020, available at https://
www.transportation.gov/briefing-room/
runway-recovery-11, during such
connection(s);
(4) the test performed was a viral test
(as defined below); and
(5) the test result states ‘‘NEGATIVE,’’
‘‘SARS–CoV–2 RNA NOT DETECTED,’’
‘‘SARS–CoV–2 ANTIGEN NOT
DETECTED,’’ or ‘‘COVID–19 NOT
DETECTED.’’ A test marked ‘‘invalid’’ is
not acceptable.
Confirm that a passenger alternatively
has written or electronic documentation
of recovery from COVID–19 means
confirmation that:
(1) The passenger has presented
documentation of a positive test result
and a signed letter on official letterhead
that contains the name, address, and
2 CDC encourages airline or aircraft operator to
incorporate the attestation into paperless check-in
processes. Airline or aircraft operator may use a
third party (including a third-party application) to
collect attestations, including to provide
translations. But airline or aircraft operator has sole
legal responsibility to provide and collect
attestations, to ensure the accuracy of any
translation, and to comply with all other obligations
under this Order. Airline or aircraft operator is
responsible for any failure of a third party to
comply with this Order. Airline or aircraft operator
may not shift any legal responsibility to a third
party.
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phone number of a licensed healthcare
provider or public health official stating
that the passenger has been cleared for
travel; 3
(2) the positive test result occurred
within the last three months (90 days)
preceding the passenger’s flight to the
United States, or at such other intervals
as specified in CDC guidance;
(3) the personal identifiers (e.g., name
and date of birth) on the positive test
result and signed letter match the
personal identifiers on the passenger’s
passport or other travel documents;
(4) the test performed was a viral test
(as defined below); and
(5) the test result states ‘‘POSITIVE,’’
‘‘SARS–CoV–2 RNA DETECTED,’’
‘‘SARS–CoV–2 ANTIGEN DETECTED,’’
or ‘‘COVID–19 DETECTED.’’ A test
marked ‘‘invalid’’ is not acceptable.
Foreign country means anywhere that
is not a state, territory, or possession of
the United States.
Negative Pre-departure Test Result for
COVID–19 or negative Qualifying Test
result means documentation of a
negative COVID–19 test taken within
the 3 calendar days preceding a flight’s
departure. Such documentation may be
in paper or electronic format as required
by this Order. Testing must be
performed using a viral test. The
documentation must also include
sufficient verification information—
such as the name and contact
information for the laboratory or
healthcare personnel who performed the
test.
Viral test means a viral detection test
for current infection (i.e., a nucleic acid
amplification test or a viral antigen test)
approved or authorized by the relevant
national authority for the detection of
SARS–CoV–2.
United States has the same meaning
as ‘‘State’’ and ‘‘U.S. Territory’’ in 42
CFR 71.1(b).
Exemptions
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The following categories of
individuals and organizations are
exempt from the requirements of this
Order:
• Crew members of airlines or other
aircraft operators provided that they
follow industry standard protocols for
the prevention of COVID–19 as set forth
in relevant Safety Alerts for Operators
(SAFOs) issued by the Federal Aviation
Administration (FAA).4
3 Health care providers and public health officials
should follow CDC guidance in clearing patients for
travel to the United States. Applicable guidance is
available at https://www.cdc.gov/coronavirus/2019ncov/hcp/disposition-in-home-patients.html.
4 https://www.faa.gov/other_visit/aviation_
industry/airline_operators/airline_safety/safo/all_
safos/media/2020/SAFO20009.pdf. Airlines,
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• Airlines or other aircraft operators
transporting passengers with COVID–19
pursuant to CDC authorization and in
accordance with CDC guidance.
• Federal law enforcement personnel
while on official duty and carrying out
a law enforcement function and
members of the U.S. military (including
aircraft operators), when traveling under
competent orders—provided that the
authority ordering the travel requires
precautions to prevent the possible
transmission of infection to others
during the travel period in accordance
with CDC guidance.
• Airlines or other aircraft operators
granted specific waivers from the
application of this Order based on
CDC’s determination that a foreign
country lacks available SARS–CoV–2
testing capacity. Such waivers may be
granted based on a specific request
made by an airline or aircraft operator
to the CDC and will be limited to 14
days unless renewed by CDC.5
Background
The COVID–19 pandemic has spread
throughout the world. Individuals who
travel may be at risk for exposure to
SARS–CoV–2 before, during, and after
travel. This could result in U.S.-bound
travelers further spreading the virus to
others during travel, upon arrival in the
United States, and at their destinations.
Over the last few weeks, the United
Kingdom (UK) has faced a rapid
increase in COVID–19 cases in South
East England, leading to enhanced
epidemiological and virological
investigations. On December 14, 2020,
Public Health England announced that a
new variant of SARS–CoV–2 had been
identified across the southeast of
England.6 Preliminary analysis in the
UK suggests that this SARS–CoV–2
variant may be more transmissible than
previously circulating variants, with an
estimated potential to increase the
reproductive number (R0) by 0.4–0.7 or
greater with an estimated increased
transmissibility of up to 70 percent.7
On December 19, 2020, in response to
the emergence of the UK variant, the
countries comprising the UK announced
stricter measures to be applied from
December 20 and over the coming
weeks, with affected areas entering a
aircraft operators, and their crew members may
follow even stricter protocols for safety, including
testing protocols.
5 Based on the rapidly evolving status of
laboratory testing capacity in foreign countries, CDC
has determined that 14 days, subject to renewal, is
an appropriate length of time to allow for a waiver.
6 https://www.gov.uk/government/news/pheinvestigating-a-novel-variant-of-covid-19.
7 https://www.ecdc.europa.eu/en/publicationsdata/threat-assessment-brief-rapid-increase-sarscov-2-variant-united-kingdom.
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‘Tier 4’ level with movement
restrictions within and between more
and less heavily affected areas. These
measures have included
recommendations for residents of the
most affected areas to restrict
movements and travel, including
international travel, outside of these
areas. The government of Scotland
announced a travel ban between
Scotland and the rest of the UK. In
addition, the Netherlands issued a travel
ban from the UK effective through
January 1, 2021, and Belgium
temporarily halted flight and train travel
from the UK. Other countries took
similar measures to restrict travel from
the UK.
A second new variant of SARS–CoV–
2 was reported in the Republic of South
Africa (RSA) on December 18, 2020, that
also appears to spread more rapidly
than earlier variants of the virus. The
RSA variant is distinct from the UK
variant but shares a mutation in the
spike protein that appears to increase
transmissibility. Since being identified,
the new variant has spread inland from
coastal regions of RSA and has become
the predominant variant in some areas
of the country.
During December 21–26, 2020, several
countries implemented restrictions on
travel from South Africa, including
China, El Salvador, Germany,
Guatemala, Israel, Panama, Sudan,
Switzerland, Turkey, and the UK. The
Netherlands imposed a ban on travel
from RSA on December 21 but lifted the
ban for both the UK and RSA on
December 23, stating that travelers will
instead need to present a negative
COVID–19 test result obtained within 72
hours of their scheduled arrival in the
Netherlands, followed by 10 days of
self-quarantine. On December 28, Japan
imposed a ban on entry of all foreign
nationals through the end of January
2021. On December 28, the Government
of South Africa announced new
restrictions on businesses and public
movement. As of January 7, 2021,
Canada requires air passengers 5 years
of age or older to test negative for
COVID–19 before arrival. On January 8,
the United Kingdom announced a predeparture testing requirement for all
inbound international travelers with
limited exceptions; a 10-day post-arrival
quarantine will still be required.
On December 25, 2020, CDC issued an
Order requiring proof of a negative
Qualifying Test result for all airline
passengers arriving from the UK to the
United States. Since then, cases of the
UK and RSA variants have been
discovered in four Canadian provinces,
including in individuals with no travel
history indicating spread in Canada.
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The UK variant has also been found in
at least 50 countries and the RSA
variant has also been detected in at least
15 countries. The first case of the UK
variant in the United States was found
in Colorado on December 29, in an
individual with no known travel
history. On December 30, a second case
was reported in California. Since then,
the UK variant strain has accounted for
72 cases in 10 U.S. states. Another new
variant strain of concern initially
detected in South America in March
2020 has been detected in at least 19
countries on 5 continents through late
December and has mutations in the
spike protein that raise concerns of
increased infectivity.
While it is known and expected that
viruses constantly change through
mutation leading to the emergence of
new variants, these new variants have
emerged at a time when numbers of new
cases in the United States have
continued to increase at alarming rates.
Additional new virus variants are also
likely to emerge as the virus continues
to evolve and mutate. Accordingly,
further action is needed to help mitigate
the spread of these and other new virus
variants into the United States.
Based on increased transmissibility
and spread of these new variants of
SARS–CoV–2, and to reduce
introduction and spread of these and
future SARS–CoV–2 variants into the
United States, expanding current UK
pre-departure testing requirements to all
foreign countries and U.S.-bound
passengers is warranted. This approach
to testing-based risk assessment has
been addressed in CDC guidance and
the Runway to Recovery guidance
jointly issued by the Departments of
Transportation, Homeland Security, and
Health and Human Services.8 Testing
for SARS–CoV–2 infection is a proactive
approach and not dependent on the
infecting strain. Approximately 120
countries now use testing in some form
to monitor risk and control introduction
and spread. With case counts and
deaths due to COVID–19 continuing to
increase around the globe and the high
proportion of infected people with
asymptomatic or pre-symptomatic
infections, the United States must take
a dual approach to combatting the virus.
This means concurrently mitigating and
slowing the introduction and spread of
SARS–CoV–2 and controlling
transmission within U.S. communities
that are currently being overwhelmed by
8 Runway to Recovery 1.1, December 21, 2020,
available at https://www.transportation.gov/
briefing-room/runway-recovery-11.
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a surge in infections, hospitalizations,
and deaths.
Pre-departure testing may detect
travelers infected with SARS–CoV–2
before they initiate their travel. CDC
recommends viral testing and receipt of
results 1–3 days 9 before departure for
international travelers, particularly
those traveling long distances or passing
through transportation hubs such as
airports where social distancing may be
challenging. CDC modeling indicates
that pre-departure testing is most
effective when combined with selfmonitoring.10 Testing before departure
results in the greatest reduction of
transmission risk during travel when the
specimen is collected close to the time
of departure. Earlier testing (i.e., more
than 3 days before travel) provides little
benefit beyond what self-monitoring
alone can provide.
For persons previously diagnosed
with COVID–19 who remain
asymptomatic after recovery, CDC does
not recommended retesting within 3
months after the date of symptom onset
(or the date of first positive viral
diagnostic test if their infection was
asymptomatic) for the initial SARS–
CoV–2 infection.11 Persons who develop
any symptoms of COVID–19 during this
time period should not travel and seek
care for testing and evaluation. This
guidance may be updated as additional
information about people who have
recovered from COVID–19 becomes
available.
Pre-departure testing does not
eliminate all risk. However, when predeparture testing is combined with
other measures such as self-monitoring
for symptoms of COVID–19, wearing
masks, social distancing, and hand
hygiene, it can make travel safer by
reducing spread on conveyances, in
transportation hubs, and at destinations.
For international air travelers and others
with higher risk of exposure, CDC
additionally recommends a post-arrival
test 3–5 days after arrival at destination,
combined with self-monitoring and a 7day period of staying home (or in a
comparable location such as a hotel
room) to further reduce the risk of
translocating the virus into destination
communities.12
9 https://www.cdc.gov/coronavirus/2019-ncov/
travelers/testing-air-travel.html.
10 Johansson MA, Wolford H, Paul P, et al.
Reducing travel-related SARS–CoV–2 transmission
with layered mitigation measures: Symptom
monitoring, quarantine, and testing, available at
https://www.medrxiv.org/content/10.1101/
2020.11.23.20237412v1.
11 https://www.cdc.gov/coronavirus/2019-ncov/
hcp/duration-isolation.html.
12 https://www.cdc.gov/coronavirus/2019-ncov/
travelers/after-travel-precautions.html.
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As cases of COVID–19 continue to rise
across the globe and travel volume
increases, routine pre-departure testing
of all U.S.-bound aircraft passengers is
needed not only to reduce introduction
of the two known SARS–CoV–2 variants
from UK and RSA, but also future
variants that might be more
transmissible and cause more severe
illness.
Action
For these reasons, I hereby determine
that passengers covered by this Order
are at risk of transmitting the new
SARS–CoV–2 virus variants or other
potential variants and that requiring
such passengers to demonstrate either
negative COVID–19 test results or
recovery from COVID–19 after previous
SARS–CoV–2 infection is needed as a
public health measure to protect the
health of fellow travelers and U.S.
communities.
1. Requirements for Airlines & Other
Aircraft Operators
Any airline or other aircraft operator
with passengers arriving into the United
States from a foreign country, for each
passenger onboard the aircraft arriving
into the United States, shall—
a. Verify that each passenger has
attested to having received either a
negative Qualifying Test result or to
recovery from COVID–19 after previous
SARS–CoV–2 infection and clearance to
travel. Airlines or other aircraft
operators must retain a copy of each
passenger attestation for 2 years. The
attestation is attached to this order as
Attachment A.
b. Confirm that each passenger aged 2
years or older has documentation of a
negative Qualifying Test result or
Documentation of Recovery from
COVID–19.
c. Not board any passenger without
verifying the attestation and confirming
the documentation as set forth in 1.a–b.
Any airline or other aircraft operator
that fails to comply with section 1,
‘‘Requirement for Airlines & Other
Aircraft Operators,’’ may be subject to
criminal penalties under, inter alia, 42
U.S.C. 271 and 42 CFR 71.2, in
conjunction with 18 U.S.C. 3559 and
3571.
2. Requirements for Aircraft Passengers
Any aircraft passenger departing from
any foreign country with a destination
in the United States shall—
(a) Provide an attestation to the CDC,
through the airline or other aircraft
operator, of having received a negative
Qualifying Test result or of recovery
from COVID–19 after previous SARS–
CoV–2 infection and clearance to travel.
E:\FR\FM\21JAN1.SGM
21JAN1
Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices
The attestation is attached to this order
as Attachment A. Unless otherwise
permitted by law, a parent or other
authorized individual should attest on
behalf of a passenger aged 2 to 17 years.
An authorized individual may attest on
behalf to any passenger who is unable
to attest on his or her own behalf (e.g.,
by reason of physical or mental
impairment).
(b) Retain a copy of the negative
Qualifying Test result or Documentation
of Recovery from COVID–19 in his/her
possession and present it for inspection
to the airline and upon request by an
agent of the U.S. government or a
cooperating state or local public health
authority.
Any passenger who fails to comply
with the requirements of section 2,
‘‘Requirements for Aircraft Passengers,’’
may be subject to criminal penalties
under, inter alia, 42 U.S.C. 271 and 42
CFR 71.2, in conjunction with 18 U.S.C.
3559 and 3571. Willfully giving false or
misleading information to the
government may result in criminal
penalties under, inter alia, 18 U.S.C.
1001.
CDC may modify this Order by an
updated publication in the Federal
Register or by posting an advisory to
follow at www.cdc.gov.
This Order shall be enforceable
through the provisions of 18 U.S.C.
3559, 3571; 42 U.S.C. 243, 268, 271; and
42 CFR 71.2.
Effective Date
This Order shall enter into effect on
January 26, 2021 and shall remain in
effect until the earliest of (1) the
expiration of the Secretary of Health and
Human Services’ declaration that
COVID–19 constitutes a public health
emergency; (2) the CDC Director
rescinds or modifies the order based on
specific public health or other
considerations; or (3) December 31,
2021.
Attachment A
jbell on DSKJLSW7X2PROD with NOTICES
Passenger Disclosure and Attestation to
the United States of America
All airlines or other aircraft operators
covered by the Order must provide the
following disclosure to their passengers
and collect the attestation prior to
embarkation.
Airline and Aircraft Operator Disclosure
Requirement
As required by United States federal
law, all airlines or other aircraft
operators must confirm either a negative
COVID–19 test result or recovery from
COVID–19 and clearance to travel and
collect a passenger attestation on behalf
of the U.S. Centers for Disease Control
VerDate Sep<11>2014
20:44 Jan 19, 2021
Jkt 253001
and Prevention (CDC) for certain
passengers on aircraft departing from a
foreign country and arriving in the
United States.
Each individual 2 years of age or older
must provide a separate attestation.
Unless otherwise permitted by law, a
parent or other authorized individual
should attest on behalf of a passenger
aged 2 to 17 years. An individual may
attest on behalf of another passenger for
whom the individual is authorized to
submit the required information (for
example, immediate family member(s),
legal guardian, or travel agent), if that
person is unable to attest on his or her
own behalf (e.g., because of physical or
mental impairment).
The information provided must be
accurate and complete to the best of the
individual’s knowledge.
Under United States federal law, each
passenger must provide this attestation.
Failure to provide this attestation, or
submitting false or misleading
information, could result in delay of
travel, denial of boarding, denial of
boarding on future travel, or put the
passenger or other individuals at risk of
harm, including serious bodily injury or
death. Any passenger who fails to
comply with these requirements may be
subject to criminal penalties under,
among others, 42 U.S.C. 271 and 42 CFR
71.2, in conjunction with 18 U.S.C. 3559
and 3571. Willfully providing false or
misleading information may lead to
criminal fines and imprisonment under,
among others, 18 U.S.C. 1001. Providing
this information can help protect you,
your friends and family, your
communities, and the United States.
CDC appreciates your cooperation.
Passenger Attestation Requirement
I [name of passenger or authorized
representative] have read the disclosure
pertaining to my obligation to obtain a
negative pre-departure test result for
COVID–19 or to having recovered from
COVID–19 after previous SARS–CoV–2
infection and being cleared to travel in
order to board an aircraft departing from
a foreign country and arriving in the
United States.
Check One of the Options That Applies
[ ] I attest that I have received a
negative pre-departure test result for
COVID–19. The test was a viral test that
was conducted on a specimen collected
from me during the 3 calendar days
preceding the flight’s departure.
[ ] I attest that I have recovered from
COVID–19 in the last 3 months (90
days), or the time period specified in
current CDC guidance, after having
previously tested positive for SARS–
CoV–2 and have been cleared for travel
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
6335
by a licensed healthcare provider or
public health official.
[ ] On behalf of [ll], I attest that
such person has received a negative predeparture test result for COVID–19. The
test was a viral test that was conducted
on a specimen collected from that
person during the 3 calendar days
preceding the flight’s departure.
[ ] On behalf of [ll], I attest that
such person has recovered from COVID–
19 in the last 3 months (90 days), or the
time period specified in current CDC
guidance, after having previously tested
positive for SARS–CoV–2 and has been
cleared for travel by a licensed
healthcare provider or public health
official.
Date
Privacy Act Statement
The United States Centers for Disease
Control and Prevention (CDC) requires
airlines and other aircraft operators to
collect this information pursuant to 42
CFR 71.20 and 71.31(b), as authorized
by 42 U.S.C. 264. Providing this
information is mandatory for all
passengers arriving by aircraft into the
United States. Failure to provide this
information may prevent you from
boarding the plane. Additionally,
passengers will be required to attest to
providing complete and accurate
information, and failure to do so may
lead to other consequences, including
criminal penalties. CDC will use this
information to help prevent the
introduction, transmission, and spread
of communicable diseases by
performing contact tracing
investigations and notifying exposed
individuals and public health
authorities; and for health education,
treatment, prophylaxis, or other
appropriate public health interventions,
including the implementation of travel
restrictions.
The Privacy Act of 1974, 5 U.S.C.
552a, governs the collection and use of
this information. The information
maintained by CDC will be covered by
CDC’s System of Records No. 09–20–
0171, Quarantine- and Traveler-Related
Activities, Including Records for
Contact Tracing Investigation and
Notification under 42 CFR parts 70 and
71. See 72 FR 70867 (Dec. 13, 2007), as
amended by 76 FR 4485 (Jan. 25, 2011)
and 83 FR 6591 (Feb. 14, 2018). CDC
will only disclose information from the
system outside the CDC and the U.S.
Department of Health and Human
Services as the Privacy Act permits,
including in accordance with the
routine uses published for this system
in the Federal Register, and as
authorized by law. Such lawful
purposes may include, but are not
E:\FR\FM\21JAN1.SGM
21JAN1
6336
Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices
limited to, sharing identifiable
information with state and local public
health departments, and other
cooperating authorities. CDC and
cooperating authorities will retain, use,
delete, or otherwise destroy the
designated information in accordance
with federal law and the System of
Records Notice (SORN) set forth above.
You may contact the system manager at
dgmqpolicyoffice@cdc.gov or by mailing
Policy Office, Division of Global
Migration and Quarantine, Centers for
Disease Control and Prevention, 1600
Clifton Road NE, MS H16–4, Atlanta,
GA 30329, if you have questions about
CDC’s use of your data.
Authority
The authority for these orders is
Sections 361 and 365 of the Public
Health Service Act (42 U.S.C. 264) and
42 CFR 71.20 & 71.31(b).
Dated: January 13, 2021.
Nina B. Witkofsky,
Acting Chief of Staff, Centers for Disease
Control and Prevention.
[FR Doc. 2021–01067 Filed 1–15–21; 4:15 pm]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
jbell on DSKJLSW7X2PROD with NOTICES
Statement of Organization, Functions,
and Delegations of Authority
Part C (Centers for Disease Control
and Prevention) of the Statement of
Organization, Functions, and
Delegations of Authority of the
Department of Health and Human
Services (45 FR 67772–76, dated
October 14, 1980, and corrected at 45 FR
69296, October 20, 1980, as amended
most recently at 85 FR 70630–70633,
dated November 5, 2020) is amended to
reflect the reorganization of the National
Center for HIV/AIDS, Viral Hepatitis,
STD, and TB Prevention, Centers for
Disease Control and Prevention.
Section C–B, Organization and
Functions, is hereby amended as
follows:
Delete in its entirety the title for the
National Center for HIV/AIDS, Viral
Hepatitis, STD, and TB Prevention (CVJ)
and insert the following title National
Center for HIV, Viral Hepatitis, STD,
and TB Prevention (CVJ).
Revise the mission statement for the
National Center for HIV, Viral Hepatitis,
STD, and TB Prevention (CVJ) and
insert the following:
National Center for HIV, Viral
Hepatitis, STD, and TB Prevention
VerDate Sep<11>2014
20:44 Jan 19, 2021
Jkt 253001
(CVJ). The National Center for HIV,
Viral Hepatitis, STD, and TB Prevention
(NCHHSTP) maximizes public health
and safety nationally and
internationally through the elimination,
prevention, and control of disease,
disability, and death caused by Human
Immunodeficiency Virus Infection
(HIV), non-HIV retroviruses, viral
hepatitis, other sexually transmitted
diseases (STDs), and tuberculosis (TB).
In carrying out its mission, NCHHSTP:
(1) Builds capacity and enhances public
health infrastructure for preventing and
treating HIV, viral hepatitis, STDs, and
TB; (2) coordinates activities and
programs across CDC and with other
Department of Health and Human
Services Operating Divisions in order to
maximize the public health impact of
HIV, viral hepatitis, STDs, and TB
interventions; (3) conducts surveillance
and research to determine the
distribution, determinants, and burden
of HIV, viral hepatitis, STDs, and TB; (4)
conducts program evaluation to improve
programs and activities relating to the
prevention of HIV, viral hepatitis, STDs,
and TB, and determine their impact; (5)
provides reference laboratory and
clinical diagnostic services for HIV,
viral hepatitis, STDs, and TB to relevant
stakeholders; (6) promotes collaboration
and service integration among HIV, viral
hepatitis, STDs, and TB programs; (7)
engages external partners to develop
and implement effective HIV, viral
hepatitis, STDs, and TB policies,
research, and programs; (8) engages
partners, to promote health equity and
reduce health disparities among those
affected by HIV, viral hepatitis, STDs,
and TB; (9) provides technical
assistance and training in the diagnosis,
treatment, and prevention of HIV, viral
hepatitis, STDs, and TB; (10) conducts
public health communication activities
to disseminate research findings and
increase awareness of HIV, viral
hepatitis, STDs, and TB; (11) conducts
operational, behavioral, and biomedical
research to improve the distribution,
diagnosis, prevention, and control of
HIV, viral hepatitis, STDs, and TB; (12)
provides scientific leadership regarding
public health ethics and protection of
human subjects linked to HIV, viral
hepatitis, STDs, and TB; (13) translates
research findings into public health
practice and policy for HIV, viral
hepatitis, STDs, and TB prevention; (14)
plans, coordinates, and guides programs
and activities with external partners,
federal agencies, and other
organizations related to HIV, viral
hepatitis, STDs, and TB prevention,
care, and treatment; (15) leads and
participates in the development,
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
implementation, and evaluation of
policies and guidelines related to HIV,
viral hepatitis, STDs, and TB; (16)
provides scientific leadership regarding
screening, treatment, immunization, and
other prevention interventions relevant
to HIV, viral hepatitis, STDs, and TB;
(17) assures all public health decisions
are based on the highest quality
scientific data, openly and objectively
derived; (18) provides leadership to
assist international partners in
establishing and maintaining, HIV, viral
hepatitis, STDs, and TB screening,
treatment, immunization, and other
prevention and control programs; (19)
ensures that programmatic and
scientific activities are aligned with, and
in support of, CDC’s overall mission,
goals, and strategic imperatives; (20)
allocates and tracks CDC resources and
contributes to the development of CDC’s
short-, medium- and long-term strategic
plans for preventing the spread of HIV,
viral hepatitis, STDs, and TB; (21)
collaborates with other federal agencies,
domestic and international
governmental and non-governmental
organizations to advance CDC and
NCHHSTP health protection goals; and
(22) coordinates oversight of the
NCHHSTP Federal Advisory
Committees.
Delete in its entirety the titles and
mission and function statement for the
Office of the Director (CVJ1) and insert
the following:
Office of the Director (CVJ1). (1)
Provides leadership and guidance on
the development of goals and objectives,
policies, program planning and
development, and program management
and operations of the activities of
NCHHSTP and manages, directs,
coordinates, and evaluates the center’s
activities; (2) plans and coordinates the
annual program planning process; (3)
coordinates with Office of the Director
(OD), Centers/Institute/Offices (CIOs),
and divisions in determining and
interpreting operating policy and in
ensuring their respective management
input for specific program activity
plans; (4) facilitates closer linkages
between HIV, non-HIV retroviruses,
STDs, viral hepatitis, and TB,
surveillance activities and prevention
programs at all levels, and facilitates
collaboration, integration, and multidisciplinary approaches to enhance the
effectiveness of HIV, STD, viral
hepatitis, and TB prevention programs;
(5) facilitates collaboration among, and
integration of, science and prevention
programs throughout NCHHSTP and
enhances the coordination and
integration of HIV, STD, viral hepatitis,
and TB prevention services for
individuals and populations at
E:\FR\FM\21JAN1.SGM
21JAN1
]]>Agencies
[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Notices]
[Pages 6331-6336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01067]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Requirement for Negative Pre-Departure COVID-19 Test Result or
Documentation of Recovery From COVID-19 for All Airline or Other
Aircraft Passengers Arriving Into the United States From Any Foreign
Country
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice of agency order.
-----------------------------------------------------------------------
SUMMARY: The Centers for Disease Control and Prevention (CDC), located
within the Department of Health and Human Services (HHS) announces an
Agency Order requiring negative pre-departure COVID-19 test results or
documentation of recovery from COVID-19 for all airline or other
aircraft passengers arriving into the United States from any foreign
country. This Order is issued to preserve human life; prevent the
further introduction, transmission, and spread of the virus that causes
COVID-19 into the United States, including new virus variants; preserve
the health and safety of airline crew members, passengers, airport
personnel, and communities; and preserve hospital, Healthcare, and
emergency response resources within the United States.
DATES: This Order is effective January 26, 2021.
FOR FURTHER INFORMATION CONTACT: Jennifer Buigut, Division of Global
Migration and Quarantine, Centers for Disease Control and Prevention,
1600 Clifton Road NE, MS H16-4, Atlanta, GA 30329. Email:
[email protected].
SUPPLEMENTARY INFORMATION: This Notice and Order prohibit the
introduction into the United States of any aircraft passenger departing
from any foreign country unless the passenger: (1) Has a negative pre-
departure test result for SARS-CoV-2, the virus that causes COVID-19
(Qualifying Test); or (2) written or electronic documentation of
recovery from COVID-19 after previous SARS-CoV-2 infection in the form
of a positive viral test result and a letter from a licensed health
care provider or public health official stating that the passenger has
been cleared for travel (Documentation of Recovery). The negative pre-
departure test must be a viral test that was conducted on a specimen
collected during the 3 calendar days preceding the flight's departure
from a foreign country (Qualifying Test). Alternatively, if the
passenger has recovered from COVID-19, the passenger may instead travel
with written or electronic documentation of a positive viral test
result that confirms previous SARS-CoV-2 infection and a letter from a
licensed health care provider or public health official stating that
the passenger has been cleared for travel (Documentation of Recovery).
A passenger must retain written or electronic documentation reflecting
the negative Qualifying Test result or Documentation of Recovery
presented to the airline or other aircraft operator. A passenger must
also produce such Qualifying Test result or Documentation of Recovery
upon request to any U.S. government official or a cooperating state or
local public health authority.
This Notice and Order constitute a controlled free pratique to any
airline or other aircraft operator with an aircraft arriving into the
United States. Pursuant to this controlled free pratique, the airline
or other aircraft operator must comply with the following conditions to
receive permission for the aircraft to enter and disembark passengers
in the United States:
Airline or other aircraft operator must verify that every
passenger--2 years of age or older--onboard the aircraft has attested
to receiving a negative Qualifying Test result or to having recovered
from COVID-19 after previous SARS-CoV-2 infection and being cleared to
travel by a licensed health care provider or public health official.
Airline or other aircraft operator must confirm that every
passenger
[[Page 6332]]
onboard the aircraft has documentation of a negative Qualifying Test
result or Documentation of Recovery from COVID-19.
This Order establishes requirements for (1) airlines arriving into
the United States from any foreign country and (2) passengers departing
any foreign country with a final destination in the United States.
A copy of the Order and Attachment A are provided below and a copy
of the signed order can be found at https://www.cdc.gov/quarantine/fr-proof-negative-test.html.
Centers for Disease Control and Prevention Department of Health and
Human Services
Order Under Section 361 of the Public Health Service Act (42 U.S.C.
264) and 42 Code of Federal Regulations 71.20 & 71.31(b)
Requirement for Negative Pre-Departure Covid-19 Test Result or
Documentation of Recovery From Covid-19 for All Airline or Other
Aircraft Passengers Arriving Into the United States From Any Foreign
Country \1\
---------------------------------------------------------------------------
\1\ This Order supersedes the previous order signed by the U.S.
Centers for Disease Control and Prevention (CDC) Director on
December 25, 2020, requiring a negative pre-departure COVID-19 test
result for all airline passengers arriving into the United States
from the United Kingdom.
---------------------------------------------------------------------------
Summary
Pursuant to 42 CFR 71.20 and as set forth in greater detail below,
this Notice and Order prohibit the introduction into the United States
of any aircraft passenger departing from any foreign country unless the
passenger: (1) Has a negative pre-departure test result for SARS-CoV-2,
the virus that causes COVID-19 (Qualifying Test); or (2) written or
electronic documentation of recovery from COVID-19 after previous SARS-
CoV-2 infection in the form of a positive viral test result and a
letter from a licensed health care provider or public health official
stating that the passenger has been cleared for travel (Documentation
of Recovery).
The negative pre-departure test must be a viral test that was
conducted on a specimen collected during the 3 calendar days preceding
the flight's departure from a foreign country (Qualifying Test).
Alternatively, if the passenger has recovered from COVID-19, the
passenger may instead travel with written or electronic documentation
of a positive viral test result that confirms previous SARS-CoV-2
infection and a letter from a licensed health care provider or public
health official stating that the passenger has been cleared for travel
(Documentation of Recovery). A passenger must retain written or
electronic documentation reflecting the negative Qualifying Test result
or Documentation of Recovery presented to the airline or other aircraft
operator. A passenger must also produce such Qualifying Test result or
Documentation of Recovery upon request to any U.S. government official
or a cooperating state or local public health authority.
Pursuant to 42 CFR 71.31(b) and as set forth in greater detail
below, this Notice and Order constitute a controlled free pratique to
any airline or other aircraft operator with an aircraft arriving into
the United States. Pursuant to this controlled free pratique, the
airline or other aircraft operator must comply with the following
conditions to receive permission for the aircraft to enter and
disembark passengers in the United States:
Airline or other aircraft operator must verify that every
passenger--2 years of age or older--onboard the aircraft has attested
to receiving a negative Qualifying Test result or to having recovered
from COVID-19 after previous SARS-CoV-2 infection and being cleared to
travel by a licensed health care provider or public health official.
Airline or other aircraft operator must confirm that every
passenger onboard the aircraft has documentation of a negative
Qualifying Test result or Documentation of Recovery from COVID-19.
Statement of Intent
This Order shall be interpreted and implemented to achieve the
following paramount objectives:
Preservation of human life;
Preventing the further introduction, transmission, and
spread of the virus that causes COVID-19 into the United States,
including new virus variants;
Preserving the health and safety of crew members,
passengers, airport personnel, and communities; and
Preserving hospital, healthcare, and emergency response
resources within the United States.
Definitions
Aircraft shall have the same definition as under 42 U.S.C.
40102(a)(6). ``Aircraft'' includes, but is not limited to, commercial,
general aviation, and private aircraft destined for the United States
from a foreign country.
Aircraft Operator means an individual or organization causing or
authorizing the operation of an aircraft.
Airline shall have the same definition as under 42 CFR 71.1(b).
Attest/Attestation means having completed the attestation in
Attachment A. Such attestation may be completed in written or
electronic form. The attestation is a statement, writing, entry, or
other representation under 18 U.S.C. 1001.\2\
---------------------------------------------------------------------------
\2\ CDC encourages airline or aircraft operator to incorporate
the attestation into paperless check-in processes. Airline or
aircraft operator may use a third party (including a third-party
application) to collect attestations, including to provide
translations. But airline or aircraft operator has sole legal
responsibility to provide and collect attestations, to ensure the
accuracy of any translation, and to comply with all other
obligations under this Order. Airline or aircraft operator is
responsible for any failure of a third party to comply with this
Order. Airline or aircraft operator may not shift any legal
responsibility to a third party.
---------------------------------------------------------------------------
Confirm that every passenger onboard the aircraft has documentation
reflecting a negative Qualifying Test result means confirmation that:
(1) The personal identifiers (e.g., name and date of birth) on the
negative Qualifying Test result match the personal identifiers on the
passenger's passport or other travel documents;
(2) if the passenger is arriving on a direct flight to the United
States, the specimen was collected within the 3 calendar days preceding
the flight's departure;
(3) if the passenger is arriving via one or more connecting
flights, the specimen was collected within the 3 calendar days
preceding the departure of the initial flight but only if
a. The connecting flights were booked as a single passenger record
with a destination in the United States,
b. each connection is no longer than 24 hours, and
c. the airline or aircraft operator has instructed the passenger to
comply--and uses reasonable efforts to facilitate compliance--with the
safety protocols set forth in Runway to Recovery 1.1, December 21,
2020, available at https://www.transportation.gov/briefing-room/runway-recovery-11, during such connection(s);
(4) the test performed was a viral test (as defined below); and
(5) the test result states ``NEGATIVE,'' ``SARS-CoV-2 RNA NOT
DETECTED,'' ``SARS-CoV-2 ANTIGEN NOT DETECTED,'' or ``COVID-19 NOT
DETECTED.'' A test marked ``invalid'' is not acceptable.
Confirm that a passenger alternatively has written or electronic
documentation of recovery from COVID-19 means confirmation that:
(1) The passenger has presented documentation of a positive test
result and a signed letter on official letterhead that contains the
name, address, and
[[Page 6333]]
phone number of a licensed healthcare provider or public health
official stating that the passenger has been cleared for travel; \3\
---------------------------------------------------------------------------
\3\ Health care providers and public health officials should
follow CDC guidance in clearing patients for travel to the United
States. Applicable guidance is available at https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-home-patients.html.
---------------------------------------------------------------------------
(2) the positive test result occurred within the last three months
(90 days) preceding the passenger's flight to the United States, or at
such other intervals as specified in CDC guidance;
(3) the personal identifiers (e.g., name and date of birth) on the
positive test result and signed letter match the personal identifiers
on the passenger's passport or other travel documents;
(4) the test performed was a viral test (as defined below); and
(5) the test result states ``POSITIVE,'' ``SARS-CoV-2 RNA
DETECTED,'' ``SARS-CoV-2 ANTIGEN DETECTED,'' or ``COVID-19 DETECTED.''
A test marked ``invalid'' is not acceptable.
Foreign country means anywhere that is not a state, territory, or
possession of the United States.
Negative Pre-departure Test Result for COVID-19 or negative
Qualifying Test result means documentation of a negative COVID-19 test
taken within the 3 calendar days preceding a flight's departure. Such
documentation may be in paper or electronic format as required by this
Order. Testing must be performed using a viral test. The documentation
must also include sufficient verification information--such as the name
and contact information for the laboratory or healthcare personnel who
performed the test.
Viral test means a viral detection test for current infection
(i.e., a nucleic acid amplification test or a viral antigen test)
approved or authorized by the relevant national authority for the
detection of SARS-CoV-2.
United States has the same meaning as ``State'' and ``U.S.
Territory'' in 42 CFR 71.1(b).
Exemptions
The following categories of individuals and organizations are
exempt from the requirements of this Order:
Crew members of airlines or other aircraft operators
provided that they follow industry standard protocols for the
prevention of COVID-19 as set forth in relevant Safety Alerts for
Operators (SAFOs) issued by the Federal Aviation Administration
(FAA).\4\
---------------------------------------------------------------------------
\4\ https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2020/SAFO20009.pdf. Airlines, aircraft operators, and their crew members
may follow even stricter protocols for safety, including testing
protocols.
---------------------------------------------------------------------------
Airlines or other aircraft operators transporting
passengers with COVID-19 pursuant to CDC authorization and in
accordance with CDC guidance.
Federal law enforcement personnel while on official duty
and carrying out a law enforcement function and members of the U.S.
military (including aircraft operators), when traveling under competent
orders--provided that the authority ordering the travel requires
precautions to prevent the possible transmission of infection to others
during the travel period in accordance with CDC guidance.
Airlines or other aircraft operators granted specific
waivers from the application of this Order based on CDC's determination
that a foreign country lacks available SARS-CoV-2 testing capacity.
Such waivers may be granted based on a specific request made by an
airline or aircraft operator to the CDC and will be limited to 14 days
unless renewed by CDC.\5\
---------------------------------------------------------------------------
\5\ Based on the rapidly evolving status of laboratory testing
capacity in foreign countries, CDC has determined that 14 days,
subject to renewal, is an appropriate length of time to allow for a
waiver.
---------------------------------------------------------------------------
Background
The COVID-19 pandemic has spread throughout the world. Individuals
who travel may be at risk for exposure to SARS-CoV-2 before, during,
and after travel. This could result in U.S.-bound travelers further
spreading the virus to others during travel, upon arrival in the United
States, and at their destinations.
Over the last few weeks, the United Kingdom (UK) has faced a rapid
increase in COVID-19 cases in South East England, leading to enhanced
epidemiological and virological investigations. On December 14, 2020,
Public Health England announced that a new variant of SARS-CoV-2 had
been identified across the southeast of England.\6\ Preliminary
analysis in the UK suggests that this SARS-CoV-2 variant may be more
transmissible than previously circulating variants, with an estimated
potential to increase the reproductive number (R0) by 0.4-
0.7 or greater with an estimated increased transmissibility of up to 70
percent.\7\
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\6\ https://www.gov.uk/government/news/phe-investigating-a-novel-variant-of-covid-19.
\7\ https://www.ecdc.europa.eu/en/publications-data/threat-assessment-brief-rapid-increase-sars-cov-2-variant-united-kingdom.
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On December 19, 2020, in response to the emergence of the UK
variant, the countries comprising the UK announced stricter measures to
be applied from December 20 and over the coming weeks, with affected
areas entering a `Tier 4' level with movement restrictions within and
between more and less heavily affected areas. These measures have
included recommendations for residents of the most affected areas to
restrict movements and travel, including international travel, outside
of these areas. The government of Scotland announced a travel ban
between Scotland and the rest of the UK. In addition, the Netherlands
issued a travel ban from the UK effective through January 1, 2021, and
Belgium temporarily halted flight and train travel from the UK. Other
countries took similar measures to restrict travel from the UK.
A second new variant of SARS-CoV-2 was reported in the Republic of
South Africa (RSA) on December 18, 2020, that also appears to spread
more rapidly than earlier variants of the virus. The RSA variant is
distinct from the UK variant but shares a mutation in the spike protein
that appears to increase transmissibility. Since being identified, the
new variant has spread inland from coastal regions of RSA and has
become the predominant variant in some areas of the country.
During December 21-26, 2020, several countries implemented
restrictions on travel from South Africa, including China, El Salvador,
Germany, Guatemala, Israel, Panama, Sudan, Switzerland, Turkey, and the
UK. The Netherlands imposed a ban on travel from RSA on December 21 but
lifted the ban for both the UK and RSA on December 23, stating that
travelers will instead need to present a negative COVID-19 test result
obtained within 72 hours of their scheduled arrival in the Netherlands,
followed by 10 days of self-quarantine. On December 28, Japan imposed a
ban on entry of all foreign nationals through the end of January 2021.
On December 28, the Government of South Africa announced new
restrictions on businesses and public movement. As of January 7, 2021,
Canada requires air passengers 5 years of age or older to test negative
for COVID-19 before arrival. On January 8, the United Kingdom announced
a pre-departure testing requirement for all inbound international
travelers with limited exceptions; a 10-day post-arrival quarantine
will still be required.
On December 25, 2020, CDC issued an Order requiring proof of a
negative Qualifying Test result for all airline passengers arriving
from the UK to the United States. Since then, cases of the UK and RSA
variants have been discovered in four Canadian provinces, including in
individuals with no travel history indicating spread in Canada.
[[Page 6334]]
The UK variant has also been found in at least 50 countries and the RSA
variant has also been detected in at least 15 countries. The first case
of the UK variant in the United States was found in Colorado on
December 29, in an individual with no known travel history. On December
30, a second case was reported in California. Since then, the UK
variant strain has accounted for 72 cases in 10 U.S. states. Another
new variant strain of concern initially detected in South America in
March 2020 has been detected in at least 19 countries on 5 continents
through late December and has mutations in the spike protein that raise
concerns of increased infectivity.
While it is known and expected that viruses constantly change
through mutation leading to the emergence of new variants, these new
variants have emerged at a time when numbers of new cases in the United
States have continued to increase at alarming rates. Additional new
virus variants are also likely to emerge as the virus continues to
evolve and mutate. Accordingly, further action is needed to help
mitigate the spread of these and other new virus variants into the
United States.
Based on increased transmissibility and spread of these new
variants of SARS-CoV-2, and to reduce introduction and spread of these
and future SARS-CoV-2 variants into the United States, expanding
current UK pre-departure testing requirements to all foreign countries
and U.S.-bound passengers is warranted. This approach to testing-based
risk assessment has been addressed in CDC guidance and the Runway to
Recovery guidance jointly issued by the Departments of Transportation,
Homeland Security, and Health and Human Services.\8\ Testing for SARS-
CoV-2 infection is a proactive approach and not dependent on the
infecting strain. Approximately 120 countries now use testing in some
form to monitor risk and control introduction and spread. With case
counts and deaths due to COVID-19 continuing to increase around the
globe and the high proportion of infected people with asymptomatic or
pre-symptomatic infections, the United States must take a dual approach
to combatting the virus. This means concurrently mitigating and slowing
the introduction and spread of SARS-CoV-2 and controlling transmission
within U.S. communities that are currently being overwhelmed by a surge
in infections, hospitalizations, and deaths.
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\8\ Runway to Recovery 1.1, December 21, 2020, available at
https://www.transportation.gov/briefing-room/runway-recovery-11.
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Pre-departure testing may detect travelers infected with SARS-CoV-2
before they initiate their travel. CDC recommends viral testing and
receipt of results 1-3 days \9\ before departure for international
travelers, particularly those traveling long distances or passing
through transportation hubs such as airports where social distancing
may be challenging. CDC modeling indicates that pre-departure testing
is most effective when combined with self-monitoring.\10\ Testing
before departure results in the greatest reduction of transmission risk
during travel when the specimen is collected close to the time of
departure. Earlier testing (i.e., more than 3 days before travel)
provides little benefit beyond what self-monitoring alone can provide.
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\9\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-air-travel.html.
\10\ Johansson MA, Wolford H, Paul P, et al. Reducing travel-
related SARS-CoV-2 transmission with layered mitigation measures:
Symptom monitoring, quarantine, and testing, available at https://www.medrxiv.org/content/10.1101/2020.11.23.20237412v1.
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For persons previously diagnosed with COVID-19 who remain
asymptomatic after recovery, CDC does not recommended retesting within
3 months after the date of symptom onset (or the date of first positive
viral diagnostic test if their infection was asymptomatic) for the
initial SARS-CoV-2 infection.\11\ Persons who develop any symptoms of
COVID-19 during this time period should not travel and seek care for
testing and evaluation. This guidance may be updated as additional
information about people who have recovered from COVID-19 becomes
available.
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\11\ https://www.cdc.gov/coronavirus/2019-ncov/hcp/duration-isolation.html.
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Pre-departure testing does not eliminate all risk. However, when
pre-departure testing is combined with other measures such as self-
monitoring for symptoms of COVID-19, wearing masks, social distancing,
and hand hygiene, it can make travel safer by reducing spread on
conveyances, in transportation hubs, and at destinations. For
international air travelers and others with higher risk of exposure,
CDC additionally recommends a post-arrival test 3-5 days after arrival
at destination, combined with self-monitoring and a 7-day period of
staying home (or in a comparable location such as a hotel room) to
further reduce the risk of translocating the virus into destination
communities.\12\
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\12\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/after-travel-precautions.html.
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As cases of COVID-19 continue to rise across the globe and travel
volume increases, routine pre-departure testing of all U.S.-bound
aircraft passengers is needed not only to reduce introduction of the
two known SARS-CoV-2 variants from UK and RSA, but also future variants
that might be more transmissible and cause more severe illness.
Action
For these reasons, I hereby determine that passengers covered by
this Order are at risk of transmitting the new SARS-CoV-2 virus
variants or other potential variants and that requiring such passengers
to demonstrate either negative COVID-19 test results or recovery from
COVID-19 after previous SARS-CoV-2 infection is needed as a public
health measure to protect the health of fellow travelers and U.S.
communities.
1. Requirements for Airlines & Other Aircraft Operators
Any airline or other aircraft operator with passengers arriving
into the United States from a foreign country, for each passenger
onboard the aircraft arriving into the United States, shall--
a. Verify that each passenger has attested to having received
either a negative Qualifying Test result or to recovery from COVID-19
after previous SARS-CoV-2 infection and clearance to travel. Airlines
or other aircraft operators must retain a copy of each passenger
attestation for 2 years. The attestation is attached to this order as
Attachment A.
b. Confirm that each passenger aged 2 years or older has
documentation of a negative Qualifying Test result or Documentation of
Recovery from COVID-19.
c. Not board any passenger without verifying the attestation and
confirming the documentation as set forth in 1.a-b.
Any airline or other aircraft operator that fails to comply with
section 1, ``Requirement for Airlines & Other Aircraft Operators,'' may
be subject to criminal penalties under, inter alia, 42 U.S.C. 271 and
42 CFR 71.2, in conjunction with 18 U.S.C. 3559 and 3571.
2. Requirements for Aircraft Passengers
Any aircraft passenger departing from any foreign country with a
destination in the United States shall--
(a) Provide an attestation to the CDC, through the airline or other
aircraft operator, of having received a negative Qualifying Test result
or of recovery from COVID-19 after previous SARS-CoV-2 infection and
clearance to travel.
[[Page 6335]]
The attestation is attached to this order as Attachment A. Unless
otherwise permitted by law, a parent or other authorized individual
should attest on behalf of a passenger aged 2 to 17 years. An
authorized individual may attest on behalf to any passenger who is
unable to attest on his or her own behalf (e.g., by reason of physical
or mental impairment).
(b) Retain a copy of the negative Qualifying Test result or
Documentation of Recovery from COVID-19 in his/her possession and
present it for inspection to the airline and upon request by an agent
of the U.S. government or a cooperating state or local public health
authority.
Any passenger who fails to comply with the requirements of section
2, ``Requirements for Aircraft Passengers,'' may be subject to criminal
penalties under, inter alia, 42 U.S.C. 271 and 42 CFR 71.2, in
conjunction with 18 U.S.C. 3559 and 3571. Willfully giving false or
misleading information to the government may result in criminal
penalties under, inter alia, 18 U.S.C. 1001.
CDC may modify this Order by an updated publication in the Federal
Register or by posting an advisory to follow at www.cdc.gov.
This Order shall be enforceable through the provisions of 18 U.S.C.
3559, 3571; 42 U.S.C. 243, 268, 271; and 42 CFR 71.2.
Effective Date
This Order shall enter into effect on January 26, 2021 and shall
remain in effect until the earliest of (1) the expiration of the
Secretary of Health and Human Services' declaration that COVID-19
constitutes a public health emergency; (2) the CDC Director rescinds or
modifies the order based on specific public health or other
considerations; or (3) December 31, 2021.
Attachment A
Passenger Disclosure and Attestation to the United States of America
All airlines or other aircraft operators covered by the Order must
provide the following disclosure to their passengers and collect the
attestation prior to embarkation.
Airline and Aircraft Operator Disclosure Requirement
As required by United States federal law, all airlines or other
aircraft operators must confirm either a negative COVID-19 test result
or recovery from COVID-19 and clearance to travel and collect a
passenger attestation on behalf of the U.S. Centers for Disease Control
and Prevention (CDC) for certain passengers on aircraft departing from
a foreign country and arriving in the United States.
Each individual 2 years of age or older must provide a separate
attestation. Unless otherwise permitted by law, a parent or other
authorized individual should attest on behalf of a passenger aged 2 to
17 years. An individual may attest on behalf of another passenger for
whom the individual is authorized to submit the required information
(for example, immediate family member(s), legal guardian, or travel
agent), if that person is unable to attest on his or her own behalf
(e.g., because of physical or mental impairment).
The information provided must be accurate and complete to the best
of the individual's knowledge.
Under United States federal law, each passenger must provide this
attestation. Failure to provide this attestation, or submitting false
or misleading information, could result in delay of travel, denial of
boarding, denial of boarding on future travel, or put the passenger or
other individuals at risk of harm, including serious bodily injury or
death. Any passenger who fails to comply with these requirements may be
subject to criminal penalties under, among others, 42 U.S.C. 271 and 42
CFR 71.2, in conjunction with 18 U.S.C. 3559 and 3571. Willfully
providing false or misleading information may lead to criminal fines
and imprisonment under, among others, 18 U.S.C. 1001. Providing this
information can help protect you, your friends and family, your
communities, and the United States. CDC appreciates your cooperation.
Passenger Attestation Requirement
I [name of passenger or authorized representative] have read the
disclosure pertaining to my obligation to obtain a negative pre-
departure test result for COVID-19 or to having recovered from COVID-19
after previous SARS-CoV-2 infection and being cleared to travel in
order to board an aircraft departing from a foreign country and
arriving in the United States.
Check One of the Options That Applies
[ ] I attest that I have received a negative pre-departure test
result for COVID-19. The test was a viral test that was conducted on a
specimen collected from me during the 3 calendar days preceding the
flight's departure.
[ ] I attest that I have recovered from COVID-19 in the last 3
months (90 days), or the time period specified in current CDC guidance,
after having previously tested positive for SARS-CoV-2 and have been
cleared for travel by a licensed healthcare provider or public health
official.
[ ] On behalf of [__], I attest that such person has received a
negative pre-departure test result for COVID-19. The test was a viral
test that was conducted on a specimen collected from that person during
the 3 calendar days preceding the flight's departure.
[ ] On behalf of [__], I attest that such person has recovered from
COVID-19 in the last 3 months (90 days), or the time period specified
in current CDC guidance, after having previously tested positive for
SARS-CoV-2 and has been cleared for travel by a licensed healthcare
provider or public health official.
Date
Privacy Act Statement
The United States Centers for Disease Control and Prevention (CDC)
requires airlines and other aircraft operators to collect this
information pursuant to 42 CFR 71.20 and 71.31(b), as authorized by 42
U.S.C. 264. Providing this information is mandatory for all passengers
arriving by aircraft into the United States. Failure to provide this
information may prevent you from boarding the plane. Additionally,
passengers will be required to attest to providing complete and
accurate information, and failure to do so may lead to other
consequences, including criminal penalties. CDC will use this
information to help prevent the introduction, transmission, and spread
of communicable diseases by performing contact tracing investigations
and notifying exposed individuals and public health authorities; and
for health education, treatment, prophylaxis, or other appropriate
public health interventions, including the implementation of travel
restrictions.
The Privacy Act of 1974, 5 U.S.C. 552a, governs the collection and
use of this information. The information maintained by CDC will be
covered by CDC's System of Records No. 09-20-0171, Quarantine- and
Traveler-Related Activities, Including Records for Contact Tracing
Investigation and Notification under 42 CFR parts 70 and 71. See 72 FR
70867 (Dec. 13, 2007), as amended by 76 FR 4485 (Jan. 25, 2011) and 83
FR 6591 (Feb. 14, 2018). CDC will only disclose information from the
system outside the CDC and the U.S. Department of Health and Human
Services as the Privacy Act permits, including in accordance with the
routine uses published for this system in the Federal Register, and as
authorized by law. Such lawful purposes may include, but are not
[[Page 6336]]
limited to, sharing identifiable information with state and local
public health departments, and other cooperating authorities. CDC and
cooperating authorities will retain, use, delete, or otherwise destroy
the designated information in accordance with federal law and the
System of Records Notice (SORN) set forth above. You may contact the
system manager at [email protected] or by mailing Policy Office,
Division of Global Migration and Quarantine, Centers for Disease
Control and Prevention, 1600 Clifton Road NE, MS H16-4, Atlanta, GA
30329, if you have questions about CDC's use of your data.
Authority
The authority for these orders is Sections 361 and 365 of the
Public Health Service Act (42 U.S.C. 264) and 42 CFR 71.20 & 71.31(b).
Dated: January 13, 2021.
Nina B. Witkofsky,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-01067 Filed 1-15-21; 4:15 pm]
BILLING CODE 4163-18-P
