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, 7387-7391 [2021-01977]
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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices
needed by CMS to support the MDPP
benefit. Based on experience with the
DPRP from 2011–2020, including data
analysis, and feedback from applicant
organizations and internal and external
partners, CDC plans to revise the DPRP
Standards and the associated
information collection.
Key changes are a direct result of
DPRP data analyses and discussion with
National DPP stakeholders, including
those serving vulnerable populations.
Key changes allow for the optional
collection of Hemoglobin A1C levels,
and for weight/physical activity minutes
to be combined (a new method), to
determine Full recognition; the required
collection of Application Delivery Mode
questions; revised organizational type
information; program enrollment
motivation/enrollment source
information; adding Gender; and the
removal of Session ID. Three data
elements have been minimally revised
and no other data elements have been
added to the one-time application form;
and, three have been revised, one has
been deleted, and four have been added
to the evaluation data elements, as per
below:
Application Form
(1) Delivery Mode- follow-up questions
(revised)
(2) Class Type (revised)
(3) Organization Type (revised)
Evaluation Data Elements
(4) Enrollment Motivation (new)
(5) Enrollment Source (revised)
(6) Session ID (deleted)
(7) HBA1C Value (new)
(8) Participant’s Gender (new)
During the period of this Revision,
CDC estimates receipt of approximately
300 DPRP application forms per year.
The estimated burden per one-time, upfront application response is one hour.
CDC further estimates receipt of semiannual evaluation data (two hours at
each submission) from the new 300
organizations per year plus existing
organizations who also submit semi-
annual evaluation data. The total
estimated average annualized evaluation
burden to respondents is 8,700 hours.
This includes an estimate of the time
needed to extract and compile the
required data records and fields from an
existing electronic database, review the
data, create or enter a data file in the
required format (i.e., CSV file), and
submit the data file via the National
DPP website for upload into the DPRP
Data Portal. The estimated burden per
response is modest since the
information requested for DPRP
recognition is routinely collected by
most organizations that deliver lifestyle
change programs for their own internal
evaluation and possible insurance
reimbursement purposes, including
Medicare under the MDPP benefit.
Participation in the DPRP is voluntary,
data are de-identified, no Personally
Identifiable Information (PII) is
collected by CDC, and there are no costs
to respondents other than their time.
CDC is requesting a three-year approval.
ESTIMATED ANNUALIZED BURDEN HOURS
Type of
respondents
Public sector organizations that deliver type 2
diabetes prevention programs.
Private sector organizations that deliver type
2 diabetes prevention programs.
Jeffrey M. Zirger,
Lead, Information Collection Review Office,
Office of Scientific Integrity, Office of Science,
Centers for Disease Control and Prevention.
[FR Doc. 2021–01915 Filed 1–27–21; 8:45 am]
BILLING CODE 4163–18–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
SUMMARY:
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Number of
respondents
Form name
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DPRP
DPRP
DPRP
DPRP
Application Form .................................
Evaluation Data ...................................
Application Form .................................
Evaluation Data ...................................
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 was signed by the CDC Director
on January 25, 2021 and supersedes the
previous Order signed by the CDC
Director on January 12, 2021.
DATES: This Order was 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: dgmqpolicyoffice@
cdc.gov.
This
Order prohibits 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)
SUPPLEMENTARY INFORMATION:
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90
630
210
1470
Number of
responses per
respondent
1
2
1
2
Average
burden per
response
(in hours)
1
2
1
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).
This Order supersedes the previous
Order signed by the CDC Director on
January 12, 2021. This Order further
clarifies the exemption categories for
federal law enforcement and U.S.
Department of Defense (DOD) personnel
observing DOD precautions to prevent
the transmission of COVID–19 during
travel. This Order also replaces the
previous language concerning the ability
of airlines and aircraft operators to
request specific waivers and replaces it
with a limited humanitarian exemption
category allowing individuals and
organizations to request an exemption.
To be eligible for this limited
humanitarian exemption, the individual
or organization must demonstrate both:
(1) Exigent circumstances where
emergency travel is required to preserve
health and safety (e.g., emergency
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medical evacuations); and (2) that
predeparture testing cannot be accessed
or completed before travel. No changes
were made to the Passenger Attestation.
This Order constitutes 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 conditions outlined in the
Order.
A copy of the Order is provided
below. A copy of the signed Order and
Passenger Attestation can be found at
https://www.cdc.gov/quarantine/frproof-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 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 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
1 This Order supersedes the previous order signed
by the U.S. Centers for Disease Control and
Prevention (CDC) Director on January 12, 2021.
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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 CFR71.1(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 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 days preceding the
departure of the initial flight;
(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 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; 4
(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
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.
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.cdc.gov/coronavirus/2019-ncov/
hcp/duration-isolation.html.
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(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 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).5
• Airlines or other aircraft operators
transporting passengers with COVID–19
pursuant to CDC authorization and in
accordance with CDC guidance.6
• Federal law enforcement personnel
on official orders who are traveling for
the purpose of carrying out a law
enforcement function, provided they are
covered under an occupational health
and safety program in accordance with
CDC guidance. Those traveling for
training or other business purposes
remain subject to the requirements of
this Order.
5 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.
6 Interim Guidance for Transporting or Arranging
Transportation by Air into, from, or within the
United States of People with COVID–19 or COVID–
19 Exposure available at https://www.cdc.gov/
quarantine/interim-guidance-transporting.html.
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• U.S. Department of Defense (DOD)
personnel, including military personnel
and civilian employees, dependents,
contractors (including whole aircraft
charter operators), and other U.S.
government employees when traveling
on DOD assets, provided that such
individuals are under competent
military or U.S. government travel
orders and observing DOD precautions
to prevent the transmission of COVID–
19 as set forth in Force Protection
Guidance Supplement 14—Department
of Defense Guidance for Personnel
Traveling During the Coronavirus
Disease 2019 Pandemic (December 29,
2020) including its testing guidance.
• Individuals and organizations for
which the issuance of a humanitarian
exemption is necessary based on both
(1) exigent circumstances where
emergency travel is required to preserve
health and safety (e.g., emergency
medical evacuations) and (2) where predeparture testing cannot be accessed or
completed before travel. Additional
conditions may be placed on those
granted such exemptions, including but
not limited to, observing precautions
during travel, providing consent to postarrival testing, and/or self-quarantine
after arrival in the United States, as may
be directed by federal, state, territorial,
tribal or local public health authorities
to reduce the risk of transmission or
spread.
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.7 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.8
7 https://www.gov.uk/government/news/pheinvestigating-a-novel-variant-of-covid-19.
8 https://www.ecdc.europa.eu/en/publicationsdata/threat-assessment-brief-rapid-increase-sarscov-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 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
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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.
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
144 cases in 20 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.9 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
9 Runway to Recovery 1.1, December 21, 2020,
available at https://www.transportation.gov/
briefing-room/runway-recovery-11.
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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.
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 10 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.11 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.12 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
10 https://www.cdc.gov/coronavirus/2019-ncov/
travelers/testing-air-travel.html.
11 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.
12 https://www.cdc.gov/coronavirus/2019-ncov/
hcp/duration-isolation.html.
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translocating the virus into destination
communities.13
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
13 https://www.cdc.gov/coronavirus/2019-ncov/
travelers/after-travel-precautions.html.
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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.
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
CFR71.2, 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 CFR71.2.
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.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Advisory Board on Radiation and
Worker Health (ABRWH), National
Institute for Occupational Safety and
Health (NIOSH); Correction
Notice is hereby given of a change in
the meeting of the Advisory Board on
Radiation and Worker Health (ABRWH),
National Institute for Occupational
Safety and Health (NIOSH); February
24, 2021, 10:30 a.m. to 4:00 p.m., EST
which was published in the Federal
Register on December 23, 2020, Volume
85, Number 247, page 83964.
The Matters to be Considered should
read as follows:
SUPPLEMENTARY INFORMATION:
Matters to be Considered: The agenda
will include discussions on: Work
Group and Subcommittee Reports;
Update on the Status of SEC Petitions;
and plans for the April 2021 Advisory
Board Meeting. Agenda items are
subject to change as priorities dictate.
FOR FURTHER INFORMATION CONTACT:
Rashaun Roberts, Ph.D., Designated
Federal Officer, NIOSH, CDC, 1090
Tusculum Avenue, Mailstop C–24,
Cincinnati, Ohio 45226, Telephone
(513) 533–6800, Toll Free 1(800)CDC–
INFO, Email ocas@cdc.gov.
The Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, Centers for Disease
Control and Prevention, has been
delegated the authority to sign Federal
Register notices pertaining to
announcements of meetings and other
committee management activities, for
both the Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Kalwant Smagh,
Director, Strategic Business Initiatives Unit,
Office of the Chief Operating Officer, Centers
for Disease Control and Prevention.
[FR Doc. 2021–01889 Filed 1–27–21; 8:45 am]
BILLING CODE 4163–18–P
Authority
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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).
Centers for Disease Control and
Prevention
Dated: January 26, 2021.
Sherri Berger,
Acting Chief of Staff, Centers for Disease
Control and Prevention.
Agency Forms Undergoing Paperwork
Reduction Act Review
[FR Doc. 2021–01977 Filed 1–26–21; 4:15 pm]
BILLING CODE 4163–18–P
VerDate Sep<11>2014
17:16 Jan 27, 2021
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In accordance with the Paperwork
Reduction Act of 1995, the Centers for
Disease Control and Prevention (CDC)
PO 00000
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7391
has submitted the information
collection request titled National Survey
of Community-Based Survey of
Supports for Healthy Eating and Active
Living (CBS HEAL) to the Office of
Management and Budget (OMB) for
review and approval. CDC previously
published a ‘‘Proposed Data Collection
Submitted for Public Comment and
Recommendations’’ notice on July 20,
2020 to obtain comments from the
public and affected agencies. CDC
received three comments related to the
previous notice. This notice serves to
allow an additional 30 days for public
and affected agency comments.
CDC will accept all comments for this
proposed information collection project.
The Office of Management and Budget
is particularly interested in comments
that:
(a) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(b) Evaluate the accuracy of the
agencies’ estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(c) Enhance the quality, utility, and
clarity of the information to be
collected;
(d) Minimize the burden of the
collection of information on those who
are to respond, including, through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses; and
(e) Assess information collection
costs.
To request additional information on
the proposed project or to obtain a copy
of the information collection plan and
instruments, call (404) 639–7570.
Comments and recommendations for the
proposed information collection should
be sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Direct written
comments and/or suggestions regarding
the items contained in this notice to the
Attention: CDC Desk Officer, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503 or by
fax to (202) 395–5806. Provide written
comments within 30 days of notice
publication.
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7387-7391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01977]
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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.
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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 was signed by the CDC Director on January 25, 2021
and supersedes the previous Order signed by the CDC Director on January
12, 2021.
DATES: This Order was 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 Order prohibits 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).
This Order supersedes the previous Order signed by the CDC Director
on January 12, 2021. This Order further clarifies the exemption
categories for federal law enforcement and U.S. Department of Defense
(DOD) personnel observing DOD precautions to prevent the transmission
of COVID-19 during travel. This Order also replaces the previous
language concerning the ability of airlines and aircraft operators to
request specific waivers and replaces it with a limited humanitarian
exemption category allowing individuals and organizations to request an
exemption. To be eligible for this limited humanitarian exemption, the
individual or organization must demonstrate both: (1) Exigent
circumstances where emergency travel is required to preserve health and
safety (e.g., emergency
[[Page 7388]]
medical evacuations); and (2) that predeparture testing cannot be
accessed or completed before travel. No changes were made to the
Passenger Attestation.
This Order constitutes 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 conditions outlined in the
Order.
A copy of the Order is provided below. A copy of the signed Order
and Passenger Attestation 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 January
12, 2021.
---------------------------------------------------------------------------
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 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 CFR71.1(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\
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\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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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 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 days preceding the
departure of the initial flight;
(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 phone number of a licensed healthcare provider or
public health official stating that the passenger has been cleared
for travel; \3\
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\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.
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(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; \4\
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\4\ https://www.cdc.gov/coronavirus/2019-ncov/hcp/duration-isolation.html.
---------------------------------------------------------------------------
(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
[[Page 7389]]
(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 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).\5\
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\5\ 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.
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Airlines or other aircraft operators transporting
passengers with COVID-19 pursuant to CDC authorization and in
accordance with CDC guidance.\6\
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\6\ Interim Guidance for Transporting or Arranging
Transportation by Air into, from, or within the United States of
People with COVID-19 or COVID-19 Exposure available at https://www.cdc.gov/quarantine/interim-guidance-transporting.html.
---------------------------------------------------------------------------
Federal law enforcement personnel on official orders who
are traveling for the purpose of carrying out a law enforcement
function, provided they are covered under an occupational health and
safety program in accordance with CDC guidance. Those traveling for
training or other business purposes remain subject to the requirements
of this Order.
U.S. Department of Defense (DOD) personnel, including
military personnel and civilian employees, dependents, contractors
(including whole aircraft charter operators), and other U.S. government
employees when traveling on DOD assets, provided that such individuals
are under competent military or U.S. government travel orders and
observing DOD precautions to prevent the transmission of COVID-19 as
set forth in Force Protection Guidance Supplement 14--Department of
Defense Guidance for Personnel Traveling During the Coronavirus Disease
2019 Pandemic (December 29, 2020) including its testing guidance.
Individuals and organizations for which the issuance of a
humanitarian exemption is necessary based on both (1) exigent
circumstances where emergency travel is required to preserve health and
safety (e.g., emergency medical evacuations) and (2) where pre-
departure testing cannot be accessed or completed before travel.
Additional conditions may be placed on those granted such exemptions,
including but not limited to, observing precautions during travel,
providing consent to post-arrival testing, and/or self-quarantine after
arrival in the United States, as may be directed by federal, state,
territorial, tribal or local public health authorities to reduce the
risk of transmission or spread.
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.\7\ 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.\8\
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\7\ https://www.gov.uk/government/news/phe-investigating-a-novel-variant-of-covid-19.
\8\ https://www.ecdc.europa.eu/en/publications-data/threat-assessment-brief-rapid-increase-sars-cov-2-variant-united-kingdom.
---------------------------------------------------------------------------
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
[[Page 7390]]
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. 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 144 cases in 20
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.\9\ 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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\9\ 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 \10\ 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.\11\ 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.
---------------------------------------------------------------------------
\10\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-air-travel.html.
\11\ 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.
---------------------------------------------------------------------------
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.\12\ 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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\12\ https://www.cdc.gov/coronavirus/2019-ncov/hcp/duration-isolation.html.
---------------------------------------------------------------------------
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.\13\
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\13\ 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
[[Page 7391]]
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. 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 CFR71.2, 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 CFR71.2.
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.
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 26, 2021.
Sherri Berger,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-01977 Filed 1-26-21; 4:15 pm]
BILLING CODE 4163-18-P
