Requirement for Airlines To Collect Designated Information for Passengers Destined for the United States Who Are Departing From, or Were Otherwise Present in the Democratic Republic of the Congo or the Republic of Guinea, 12685-12688 [2021-04625]
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
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FEDERAL RESERVE SYSTEM
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[FR Doc. 2021–04445 Filed 3–3–21; 8:45 am]
BILLING CODE 6715–01–P
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[FR Doc. 2021–04672 Filed 3–2–21; 4:15 pm]
BILLING CODE 6715–01–P
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The notificants listed below have
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A. Federal Reserve Bank of Kansas
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President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. The Dreiseszun Grandchildren
Trust, the Helene Kramer Trust, the
Chad M. Feingold Grantor Trust, the
Chad M. Feingold Irrevocable Insurance
Trust, the Erika R. Feingold Irrevocable
Insurance Trust, the Erika R. Feingold
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Grantor Trust, the Jeremy Morgan
Family Irrevocable Trust, the Marilyn J.
Feingold Trust #2, the Mark A. Morgan
Family Irrevocable Trust, the Mark A.
Morgan Trust #2, the Michael B. Morgan
Trust #2, the Thomas S. Morgan Family
Irrevocable Trust, the Thomas S.
Morgan Trust #2, the Timothy Morgan
Irrevocable Trust, the Todd D. Morgan
Trust #2, the Avi Velasquez Irrevocable
Trust, the Marley Blake Velasquez
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Velasquez Irrevocable Trust, Gregory
Sherman, as trustee or co-trustee, all of
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members of the Sherman Control Group,
a group acting in concert, to retain
voting shares of Valley View
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and thereby indirectly retain voting
shares of Security Bank of Kansas City,
Kansas City, Kansas.
Board of Governors of the Federal Reserve
System, March 1, 2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021–04488 Filed 3–3–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Requirement for Airlines To Collect
Designated Information for Passengers
Destined for the United States Who Are
Departing From, or Were Otherwise
Present in the Democratic Republic of
the Congo or the Republic of Guinea
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice.
AGENCY:
The Centers for Disease
Control and Prevention (CDC), a
SUMMARY:
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
component of the Department of Health
and Human Services (HHS), announces
the issuance of an Order requiring
airlines and aircraft operators to collect
designated information for passengers
who are departing from, or were
otherwise present in, the Democratic
Republic of the Congo (DRC) or the
Republic of Guinea (Guinea) within 21
days prior to their entry or attempted
entry into the United States. This Order
is based on the CDC Director’s
determination that such passengers are
at risk of exposure to Ebola virus and
that their accurate and complete contact
information is needed to protect the
health of fellow travelers and United
States communities.
DATES: This Order takes effect beginning
11:59 p.m. Eastern Standard Time on
March 4, 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.
SUPPLEMENTARY INFORMATION:
Background: There are currently
outbreaks of Ebola Virus Disease (EVD)
in DRC and Guinea. As of February 23,
2021, there were 8 cases of EVD in DRC
and 9 in Guinea. Currently, a daily
average of 27 travelers arrive in the
United States each day from DRC and 33
from Guinea. A very small number (an
average of between two and six) are
neither United States citizens nor lawful
permanent residents of the United
States. Over 96% of travelers arriving
from these countries enter the United
States at one of six U.S. airports:
Washington-Dulles International Airport
(IAD), Virginia; John F. Kennedy
International Airport (JFK), New York;
Newark Liberty International Airport
(EWR), New Jersey; Chicago O’Hare
International Airport (ORD), Illinois;
Atlanta Hartsfield-Jackson Atlanta
International Airport (ATL), Georgia;
and Los Angeles International Airport
(LAX), California. Experience with
previous EVD outbreaks (including the
2014–2016 EVD outbreak in West
Africa) shows that EVD can spread
quickly between close contacts and
within healthcare settings, often with
high case-fatality rates, and with
substantial disruption and strain on
healthcare services and broader
socioeconomic impacts. While
information continues to be gathered
regarding these most recent EVD cases,
there is potential for spread within the
affected countries and to surrounding
countries in both West Africa and
Central/East Africa.
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Because air travel has the potential to
transport people, some of whom may
have been exposed to a communicable
disease, anywhere across the globe in
less than 24 hours, CDC considers it
essential that U.S. public health
authorities have access to information
necessary to follow up with travelers
arriving from countries with EVD
outbreaks, as needed, including for
health education, risk assessment, and
symptom monitoring. U.S. state, local,
and territorial health departments have
the authority to implement and manage
public health follow-up, including
monitoring, conducted within their
jurisdictions. Health departments may
elect to assume direct responsibility for
monitoring or accept monitoring by a
sponsoring organization (e.g., if the
individual was deployed overseas by a
private company).1
Timely public health follow-up
requires health officials to have
immediate access to accurate and
complete contact information for
passengers as they arrive in the United
States. Inaccurate or incomplete contact
information hampers the ability of
public health authorities to protect the
health of passengers and the public. The
best way to ensure airline passengers’
contact information is available in real
time is to collect the information before
they board a flight. CDC has identified
the minimum amount of information
needed to locate passengers reliably
after they arrive in the United States:
Full name, address while in the United
States, primary contact phone number,
secondary or emergency contact phone
number, and email address.
A copy of the Order is provided below
and a copy of the signed Order can be
found at https://www.cdc.gov/
quarantine/order-passengers-departingcongo.html.
Order of the Centers for Disease Control
and Prevention, Department of Health
and Human Services, Requirement for
Airlines to Collect Designated
Information for Passengers Destined for
the United States who Are Departing
From, or Were Otherwise Present in,
the Democratic Republic of the Congo
or the Republic of Guinea
Under 42 CFR 71.4, 71.20, 71.31, and
71.32 as Authorized by 42 U.S.C. 264
and 268
Attention:
• All airlines and aircraft operators
conducting any passenger-carrying
operation destined for the United States
transporting passengers who are
departing from or were otherwise
1 https://wwwnc.cdc.gov/travel/page/recsorganizations-sending-workers-ebola
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present in the Democratic Republic of
the Congo (DRC) or the Republic of
Guinea (Guinea) within 21 days of the
date of the person’s entry or attempted
entry into the United States; and
• All air passengers destined for the
United States who are departing from or
were otherwise present in the DRC or
Guinea within the previous 21 days of
the date of the person’s entry or
attempted entry into the United States.
The Director of the Centers for Disease
Control and Prevention (CDC) (Director)
has issued an order (Order) under 42
CFR 71.4, 71.20, 71.31 and 71.32. This
Order, as detailed below, requires all
passengers destined for the United
States who are departing from, or were
otherwise present in, DRC or Guinea
within the previous 21 days to provide
designated contact information, as
further described herein, to the airline
or aircraft operator, so this information
can be provided by the airline or aircraft
operator, as required by this Order, to
the United States Government. The
collection of this information will begin
for flights departing after 11:59 p.m.
Eastern Standard Time on March 4,
2021.
In taking this action, the CDC Director
has requested the assistance of U.S.
Customs and Border Protection (CBP) in
the Department of Homeland Security
(DHS), which aids in the enforcement of
quarantine rules and regulations
pursuant to 42 U.S.C. 268 by collecting,
storing, managing, and processing
designated contact information and
making it available to CDC when the
Director has determined that travelers
may have been exposed to Ebola Virus
Disease (EVD). Additionally, CBP has
issued an Order, in accordance with
CBP statutory authority, to direct all
operators of aircraft to ensure that all
flights carrying persons who have
recently traveled from, or were
otherwise present within, the DRC or
the Republic of Guinea only arrive at
one of the following airports: John F.
Kennedy International Airport (JFK),
New York; Chicago O’Hare International
Airport (ORD), Illinois; HartsfieldJackson Atlanta International Airport
(ATL), Georgia; Washington-Dulles
International Airport (IAD), Virginia;
Newark Liberty International Airport
(EWR), New Jersey; and Los Angeles
International Airport (LAX), California,
where the United States government
may focus public health resources to
implement enhanced public health
measures. In keeping with current
practice, CDC will work closely with
CBP to ensure that the information
collection by the airline or aircraft
operator required by this Order is not
duplicated upon passengers’ arrival.
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CDC will use this information for the
purposes of public health follow-up,
such as health education, risk
assessment, and symptom monitoring or
other appropriate public health
interventions, including travel
restrictions when indicated.2
Determination:
There are currently outbreaks of EVD
in DRC and Guinea. As of February 23,
2021, there were 8 cases of EVD in DRC
and 9 in Guinea. Currently, according to
CBP, a daily average of 27 travelers
arrive in the United States each day
from DRC and 33 from Guinea. A very
small number (an average of between
two and six per day) are neither United
States citizens nor lawful permanent
residents of the United States. Over 96%
of travelers arriving from these countries
enter the United States at one of six U.S.
airports: Washington-Dulles
International Airport (IAD), Virginia;
John F. Kennedy International Airport
(JFK), New York; Newark Liberty
International Airport (EWR), New
Jersey; Chicago O’Hare International
Airport (ORD), Illinois; Atlanta
Hartsfield-Jackson Atlanta International
Airport (ATL), Georgia; and Los Angeles
International Airport (LAX), California.
Experience with previous EVD
outbreaks (including the 2014–2016
EVD outbreak in West Africa) shows
that EVD can spread quickly between
close contacts and within healthcare
settings, often with high case fatality
rates, and with substantial disruption
and strain on healthcare services and
broader socioeconomic impacts. While
information continues to be gathered
regarding these most recent EVD cases,
there is potential for spread within the
affected countries and to surrounding
countries in both West Africa and
Central/East Africa.
Air travel has the potential to
transport people, some of whom may
have been exposed to a communicable
disease, anywhere across the globe in
less than 24 hours. CDC considers it
essential that U.S. public health
authorities have access to information
necessary to follow up with travelers
arriving from countries with EVD
outbreaks, as needed, including for
health education, risk assessment, and
symptom monitoring. U.S. state, local,
tribal, and territorial health departments
have the authority to implement and
manage public health follow-up,
including monitoring, conducted within
their jurisdictions. Health departments
may elect to assume direct
responsibility for monitoring or accept
monitoring by a sponsoring organization
(e.g., if the individual was deployed
overseas by a private company).3
Timely public health follow-up
requires health officials to have
immediate access to accurate and
complete contact information for
passengers as they arrive in the United
States. Inaccurate or incomplete contact
information hampers the ability of
public health authorities to protect the
health of passengers and the public. The
best way to ensure airline passengers’
contact information is available in real
time is to collect the information before
they board a flight. CDC has identified
the minimum amount of information
needed to locate passengers reliably
after they arrive in the United States:
Full name, address while in the United
States, primary contact phone number,
secondary or emergency contact phone
number, and email address.
For these reasons, I hereby determine
that all travelers destined for the United
States who are departing from, or were
otherwise present in, DRC or Guinea
within 21 days prior to their entry or
attempted entry into the United States
are at risk of exposure to EVD and that
their accurate and complete contact
information is needed to protect the
health of fellow travlers and U.S.
communities.
Directive:
Definitions.—In this Order—
1. the term ‘airline’ has the same
meaning as in 42 CFR 71.1(b).
2. the term ‘aircraft’ has the same
meaning as in 42 CFR 71.1(b) and 49
U.S.C. 40102(a)(6).
3. the term ‘United States’ has the
same meaning as in 42 CFR 71.1(b).
4. the term ‘communicable disease’
has the same meaning as in 42 CFR
71.1(b).
5. the term ‘designated information’
consists of the following five data
elements, to the extent that they exist,
and any additional data elements that
CDC, in consultation with CBP,
determines are necessary to
accommodate the means of transmission
chosen by the airline or aircraft operator
in section 1(b) or 2(b) of this Order
below as provided by the passenger:
(A) Full name (last, first, and, if
available, middle or suffix (e.g., Jr.));
(B) Address while in the United States
(number and street, city, State or
territory, and zip code). If a United
States citizen or lawful permanent
resident, provide address of permanent
residence in the United States or
territory (number and street, city, State
or territory, and zip code);
(C) Primary contact phone number to
include country and area code, at which
2 Privacy Act System Notice 09–20–0171: https://
www.cdc.gov/SORNnotice/09-20-0171.htm.
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the passenger can be contacted while in
the United States;
(D) Secondary contact phone number
to include country and area code, which
may be an emergency contact number,
a work number, or a home number; and
(E) Email address that the passenger
will routinely check while in the United
States.
6. the term ‘scheduled operation’
means any common carriage passengercarrying operation for compensation or
hire conducted by an airline or
commercial operator for which the
airline or its representative offers in
advance the departure location,
departure time, and arrival location. For
the purposes of this Order, this includes
any passenger carrying operation under
14 CFR part 380.
In accordance with 42 CFR 71.4,
71.20, 71.31, and 71.32, as authorized
by 42 U.S.C. 264 and 268, it is hereby
ordered:
1. This section applies to all
scheduled operations conducted under
14 CFR part 121, part 129, or part 380,
or public charter operations conducted
under part 135 using aircraft with ten or
more seats, regardless of the number of
passengers on the flight. Beginning
11:59 p.m. Eastern Standard Time on
March 4, 2021, for each passenger flight
transporting passengers destined for the
United States from international last
points of departure who are departing
from, or were otherwise present in, DRC
or Guinea within 21 days prior to their
entry or attempted entry into the United
States, all airlines or aircraft operators
shall—
(a) Collect, before boarding, the
designated information for all
passengers who are departing from, or
were otherwise present in, DRC or
Guinea within 21 days prior to their
entry or attempted entry into the United
States. When collecting the designated
information, airlines or aircraft
operators shall notify passengers that
the obligation to provide the
information is a United States
Government requirement.
(b) Transmit the designated passenger
information to CBP through one of the
following means:
i. Through the airline’s advance
passenger information transmission; or
ii. Through an industry-proposed,
alternative compliance method meeting
minimum standards deemed acceptable
to CDC in consultation with CBP, e.g.,
JSON messaging or PNRGOV.
(c) For all crew members, upon
request from the CDC Director, transmit
the designated information through
encrypted email or other means
approved by CDC within 24 hours.
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CDC or CBP may issue additional
operational guidance to aircraft
operators regarding the collection and
transmission of the designated
information, including for those who are
unable submit data in the manner
specified or to meet the deadline of
technical compliance.
Any airline that fails to comply with
section 1 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. This section applies to all other
aircraft operators not covered in section
1 above. Beginning 11:59 p.m. Eastern
Standard Time on March 4, 2021, for
each passenger flight transporting
passengers destined for the United
States from international last points of
departure who have been in DRC or
Guinea within 21 days prior to the date
of entry or attempted entry into the
United States, all airlines or aircraft
operators shall —
(a) Collect the designated information
for all passengers who are departing
from, or were otherwise present in, DRC
or Guinea within the 21 days prior to
their entry or attempted entry into the
United States. When collecting the
designated information, aircraft
operators shall notify passengers that
the obligation to provide the
information is a United States
Government requirement.
(b) Transmit the designated passenger
information to CBP or CDC through one
of the following means:
(1) Electronic Advance Passenger
Information System; 4 or
(2) Other means meeting minimum
standards deemed acceptable to CDC in
consultation with CBP.
(c) For all crew members, upon
request from the CDC Director, transmit
the designated information through
encrypted email or other means
approved by CDC within 24 hours.
CDC or CBP may issue additional
operational guidance to aircraft
operators regarding the collection and
transmission of the designated
information, including for those who are
unable submit data in the manner
specified or to meet the deadline of
technical compliance.
Any entities covered under section 2
that fail to comply with section 2 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.
3. Requirements for Passengers:
Beginning 11:59 p.m. Eastern
Standard Time on March 4, 2021, any
4 https://www.cbp.gov/travel/travel-industrypersonnel/apis/eapis-transmission-system
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Jkt 253001
passenger destined for the United States
on a flight covered under sections 1 or
2 who is departing from, or was
otherwise present in, DRC or Guinea
within 21 days prior to entry, or
attempted entry, into the United States
shall provide the designated
information, as instructed by the airline
or aircraft operator, insofar as the
information exists for the passenger.
Authorized representatives (for
example, immediate family member,
legal guardian, or travel agent) may
provide the designated information on
behalf of passengers, including on
behalf of minors or other passengers
who are unable to do so on their own
behalf), but the information must be
specific to the individual passenger
(e.g.agents may not put one number for
an entire group of unrelated persons).
Any passenger who fails to comply
with the requirements of section 3 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.
CDC and CBP will maintain the
designated information within their
respective systems in accordance with
Federal law, including the Privacy Act
of 1974 (5 U.S.C. 552a). Identifiable
information may be used and shared
only for lawful purposes, including with
authorized personnel of the United
States Department of Health and Human
Services; the United States Department
of Homeland Security; state, local,
tribal, and territorial public health
departments; and other cooperating
authorities, as authorized by law. CDC
and CBP will retain, use, delete, or
otherwise destroy the designated
information in accordance with the
Federal Records Act, applicable Privacy
Act System of Records Notices, and
other applicable law.
CDC may modify this Order by an
updated publication in the Federal
Register or by posting an advisory to
follow at www.cdc.gov.
Authority
The CDC Director is issuing this Order
pursuant to Sections 361 and 365 of the
Public Health Service (PHS) Act, 42
U.S.C. 264 and 268, and implementing
regulations at 42 CFR 71.4, 71.20, 71.31,
and 71.32.
Dated: March 2, 2021.
Sherri Berger,
Acting Chief of Staff, Centers for Disease
Control and Prevention.
[FR Doc. 2021–04625 Filed 3–2–21; 4:15 pm]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2012–N–0438]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Early Food Safety
Evaluation of New Non-Pesticidal
Proteins Produced by New Plant
Varieties Intended for Food Use
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA, Agency, or we) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the Agency.
Under the Paperwork Reduction Act of
1995 (PRA), Federal Agencies are
required to publish notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information, and
to allow 60 days for public comment in
response to the notice. This notice
solicits comments on the information
collection provisions of FDA’s
procedures for early food safety
evaluation of new non-pesticidal
proteins produced by new plant
varieties intended for food use,
including bioengineered food plants.
DATES: Submit either electronic or
written comments on the collection of
information by May 3, 2021.
ADDRESSES: You may submit comments
as follows. Please note that late,
untimely filed comments will not be
considered. Electronic comments must
be submitted on or before May 3, 2021.
The https://www.regulations.gov
electronic filing system will accept
comments until 11:59 p.m. Eastern Time
at the end of May 3, 2021. Comments
received by mail/hand delivery/courier
(for written/paper submissions) will be
considered timely if they are
postmarked or the delivery service
acceptance receipt is on or before that
date.
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
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Agencies
[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12685-12688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04625]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Requirement for Airlines To Collect Designated Information for
Passengers Destined for the United States Who Are Departing From, or
Were Otherwise Present in the Democratic Republic of the Congo or the
Republic of Guinea
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Centers for Disease Control and Prevention (CDC), a
[[Page 12686]]
component of the Department of Health and Human Services (HHS),
announces the issuance of an Order requiring airlines and aircraft
operators to collect designated information for passengers who are
departing from, or were otherwise present in, the Democratic Republic
of the Congo (DRC) or the Republic of Guinea (Guinea) within 21 days
prior to their entry or attempted entry into the United States. This
Order is based on the CDC Director's determination that such passengers
are at risk of exposure to Ebola virus and that their accurate and
complete contact information is needed to protect the health of fellow
travelers and United States communities.
DATES: This Order takes effect beginning 11:59 p.m. Eastern Standard
Time on March 4, 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:
Background: There are currently outbreaks of Ebola Virus Disease
(EVD) in DRC and Guinea. As of February 23, 2021, there were 8 cases of
EVD in DRC and 9 in Guinea. Currently, a daily average of 27 travelers
arrive in the United States each day from DRC and 33 from Guinea. A
very small number (an average of between two and six) are neither
United States citizens nor lawful permanent residents of the United
States. Over 96% of travelers arriving from these countries enter the
United States at one of six U.S. airports: Washington-Dulles
International Airport (IAD), Virginia; John F. Kennedy International
Airport (JFK), New York; Newark Liberty International Airport (EWR),
New Jersey; Chicago O'Hare International Airport (ORD), Illinois;
Atlanta Hartsfield-Jackson Atlanta International Airport (ATL),
Georgia; and Los Angeles International Airport (LAX), California.
Experience with previous EVD outbreaks (including the 2014-2016 EVD
outbreak in West Africa) shows that EVD can spread quickly between
close contacts and within healthcare settings, often with high case-
fatality rates, and with substantial disruption and strain on
healthcare services and broader socioeconomic impacts. While
information continues to be gathered regarding these most recent EVD
cases, there is potential for spread within the affected countries and
to surrounding countries in both West Africa and Central/East Africa.
Because air travel has the potential to transport people, some of
whom may have been exposed to a communicable disease, anywhere across
the globe in less than 24 hours, CDC considers it essential that U.S.
public health authorities have access to information necessary to
follow up with travelers arriving from countries with EVD outbreaks, as
needed, including for health education, risk assessment, and symptom
monitoring. U.S. state, local, and territorial health departments have
the authority to implement and manage public health follow-up,
including monitoring, conducted within their jurisdictions. Health
departments may elect to assume direct responsibility for monitoring or
accept monitoring by a sponsoring organization (e.g., if the individual
was deployed overseas by a private company).\1\
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\1\ https://wwwnc.cdc.gov/travel/page/recs-organizations-sending-workers-ebola
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Timely public health follow-up requires health officials to have
immediate access to accurate and complete contact information for
passengers as they arrive in the United States. Inaccurate or
incomplete contact information hampers the ability of public health
authorities to protect the health of passengers and the public. The
best way to ensure airline passengers' contact information is available
in real time is to collect the information before they board a flight.
CDC has identified the minimum amount of information needed to locate
passengers reliably after they arrive in the United States: Full name,
address while in the United States, primary contact phone number,
secondary or emergency contact phone number, and email address.
A copy of the Order is provided below and a copy of the signed
Order can be found at https://www.cdc.gov/quarantine/order-passengers-departing-congo.html.
Order of the Centers for Disease Control and Prevention, Department of
Health and Human Services, Requirement for Airlines to Collect
Designated Information for Passengers Destined for the United States
who Are Departing From, or Were Otherwise Present in, the Democratic
Republic of the Congo or the Republic of Guinea
Under 42 CFR 71.4, 71.20, 71.31, and 71.32 as Authorized by 42 U.S.C.
264 and 268
Attention:
All airlines and aircraft operators conducting any
passenger-carrying operation destined for the United States
transporting passengers who are departing from or were otherwise
present in the Democratic Republic of the Congo (DRC) or the Republic
of Guinea (Guinea) within 21 days of the date of the person's entry or
attempted entry into the United States; and
All air passengers destined for the United States who are
departing from or were otherwise present in the DRC or Guinea within
the previous 21 days of the date of the person's entry or attempted
entry into the United States.
The Director of the Centers for Disease Control and Prevention
(CDC) (Director) has issued an order (Order) under 42 CFR 71.4, 71.20,
71.31 and 71.32. This Order, as detailed below, requires all passengers
destined for the United States who are departing from, or were
otherwise present in, DRC or Guinea within the previous 21 days to
provide designated contact information, as further described herein, to
the airline or aircraft operator, so this information can be provided
by the airline or aircraft operator, as required by this Order, to the
United States Government. The collection of this information will begin
for flights departing after 11:59 p.m. Eastern Standard Time on March
4, 2021.
In taking this action, the CDC Director has requested the
assistance of U.S. Customs and Border Protection (CBP) in the
Department of Homeland Security (DHS), which aids in the enforcement of
quarantine rules and regulations pursuant to 42 U.S.C. 268 by
collecting, storing, managing, and processing designated contact
information and making it available to CDC when the Director has
determined that travelers may have been exposed to Ebola Virus Disease
(EVD). Additionally, CBP has issued an Order, in accordance with CBP
statutory authority, to direct all operators of aircraft to ensure that
all flights carrying persons who have recently traveled from, or were
otherwise present within, the DRC or the Republic of Guinea only arrive
at one of the following airports: John F. Kennedy International Airport
(JFK), New York; Chicago O'Hare International Airport (ORD), Illinois;
Hartsfield-Jackson Atlanta International Airport (ATL), Georgia;
Washington-Dulles International Airport (IAD), Virginia; Newark Liberty
International Airport (EWR), New Jersey; and Los Angeles International
Airport (LAX), California, where the United States government may focus
public health resources to implement enhanced public health measures.
In keeping with current practice, CDC will work closely with CBP to
ensure that the information collection by the airline or aircraft
operator required by this Order is not duplicated upon passengers'
arrival.
[[Page 12687]]
CDC will use this information for the purposes of public health follow-
up, such as health education, risk assessment, and symptom monitoring
or other appropriate public health interventions, including travel
restrictions when indicated.\2\
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\2\ Privacy Act System Notice 09-20-0171: https://www.cdc.gov/SORNnotice/09-20-0171.htm.
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Determination:
There are currently outbreaks of EVD in DRC and Guinea. As of
February 23, 2021, there were 8 cases of EVD in DRC and 9 in Guinea.
Currently, according to CBP, a daily average of 27 travelers arrive in
the United States each day from DRC and 33 from Guinea. A very small
number (an average of between two and six per day) are neither United
States citizens nor lawful permanent residents of the United States.
Over 96% of travelers arriving from these countries enter the United
States at one of six U.S. airports: Washington-Dulles International
Airport (IAD), Virginia; John F. Kennedy International Airport (JFK),
New York; Newark Liberty International Airport (EWR), New Jersey;
Chicago O'Hare International Airport (ORD), Illinois; Atlanta
Hartsfield-Jackson Atlanta International Airport (ATL), Georgia; and
Los Angeles International Airport (LAX), California. Experience with
previous EVD outbreaks (including the 2014-2016 EVD outbreak in West
Africa) shows that EVD can spread quickly between close contacts and
within healthcare settings, often with high case fatality rates, and
with substantial disruption and strain on healthcare services and
broader socioeconomic impacts. While information continues to be
gathered regarding these most recent EVD cases, there is potential for
spread within the affected countries and to surrounding countries in
both West Africa and Central/East Africa.
Air travel has the potential to transport people, some of whom may
have been exposed to a communicable disease, anywhere across the globe
in less than 24 hours. CDC considers it essential that U.S. public
health authorities have access to information necessary to follow up
with travelers arriving from countries with EVD outbreaks, as needed,
including for health education, risk assessment, and symptom
monitoring. U.S. state, local, tribal, and territorial health
departments have the authority to implement and manage public health
follow-up, including monitoring, conducted within their jurisdictions.
Health departments may elect to assume direct responsibility for
monitoring or accept monitoring by a sponsoring organization (e.g., if
the individual was deployed overseas by a private company).\3\
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\3\ https://wwwnc.cdc.gov/travel/page/recs-organizations-sending-workers-ebola
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Timely public health follow-up requires health officials to have
immediate access to accurate and complete contact information for
passengers as they arrive in the United States. Inaccurate or
incomplete contact information hampers the ability of public health
authorities to protect the health of passengers and the public. The
best way to ensure airline passengers' contact information is available
in real time is to collect the information before they board a flight.
CDC has identified the minimum amount of information needed to locate
passengers reliably after they arrive in the United States: Full name,
address while in the United States, primary contact phone number,
secondary or emergency contact phone number, and email address.
For these reasons, I hereby determine that all travelers destined
for the United States who are departing from, or were otherwise present
in, DRC or Guinea within 21 days prior to their entry or attempted
entry into the United States are at risk of exposure to EVD and that
their accurate and complete contact information is needed to protect
the health of fellow travlers and U.S. communities.
Directive:
Definitions.--In this Order--
1. the term `airline' has the same meaning as in 42 CFR 71.1(b).
2. the term `aircraft' has the same meaning as in 42 CFR 71.1(b)
and 49 U.S.C. 40102(a)(6).
3. the term `United States' has the same meaning as in 42 CFR
71.1(b).
4. the term `communicable disease' has the same meaning as in 42
CFR 71.1(b).
5. the term `designated information' consists of the following five
data elements, to the extent that they exist, and any additional data
elements that CDC, in consultation with CBP, determines are necessary
to accommodate the means of transmission chosen by the airline or
aircraft operator in section 1(b) or 2(b) of this Order below as
provided by the passenger:
(A) Full name (last, first, and, if available, middle or suffix
(e.g., Jr.));
(B) Address while in the United States (number and street, city,
State or territory, and zip code). If a United States citizen or lawful
permanent resident, provide address of permanent residence in the
United States or territory (number and street, city, State or
territory, and zip code);
(C) Primary contact phone number to include country and area code,
at which the passenger can be contacted while in the United States;
(D) Secondary contact phone number to include country and area
code, which may be an emergency contact number, a work number, or a
home number; and
(E) Email address that the passenger will routinely check while in
the United States.
6. the term `scheduled operation' means any common carriage
passenger-carrying operation for compensation or hire conducted by an
airline or commercial operator for which the airline or its
representative offers in advance the departure location, departure
time, and arrival location. For the purposes of this Order, this
includes any passenger carrying operation under 14 CFR part 380.
In accordance with 42 CFR 71.4, 71.20, 71.31, and 71.32, as
authorized by 42 U.S.C. 264 and 268, it is hereby ordered:
1. This section applies to all scheduled operations conducted under
14 CFR part 121, part 129, or part 380, or public charter operations
conducted under part 135 using aircraft with ten or more seats,
regardless of the number of passengers on the flight. Beginning 11:59
p.m. Eastern Standard Time on March 4, 2021, for each passenger flight
transporting passengers destined for the United States from
international last points of departure who are departing from, or were
otherwise present in, DRC or Guinea within 21 days prior to their entry
or attempted entry into the United States, all airlines or aircraft
operators shall--
(a) Collect, before boarding, the designated information for all
passengers who are departing from, or were otherwise present in, DRC or
Guinea within 21 days prior to their entry or attempted entry into the
United States. When collecting the designated information, airlines or
aircraft operators shall notify passengers that the obligation to
provide the information is a United States Government requirement.
(b) Transmit the designated passenger information to CBP through
one of the following means:
i. Through the airline's advance passenger information
transmission; or
ii. Through an industry-proposed, alternative compliance method
meeting minimum standards deemed acceptable to CDC in consultation with
CBP, e.g., JSON messaging or PNRGOV.
(c) For all crew members, upon request from the CDC Director,
transmit the designated information through encrypted email or other
means approved by CDC within 24 hours.
[[Page 12688]]
CDC or CBP may issue additional operational guidance to aircraft
operators regarding the collection and transmission of the designated
information, including for those who are unable submit data in the
manner specified or to meet the deadline of technical compliance.
Any airline that fails to comply with section 1 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. This section applies to all other aircraft operators not covered
in section 1 above. Beginning 11:59 p.m. Eastern Standard Time on March
4, 2021, for each passenger flight transporting passengers destined for
the United States from international last points of departure who have
been in DRC or Guinea within 21 days prior to the date of entry or
attempted entry into the United States, all airlines or aircraft
operators shall --
(a) Collect the designated information for all passengers who are
departing from, or were otherwise present in, DRC or Guinea within the
21 days prior to their entry or attempted entry into the United States.
When collecting the designated information, aircraft operators shall
notify passengers that the obligation to provide the information is a
United States Government requirement.
(b) Transmit the designated passenger information to CBP or CDC
through one of the following means:
(1) Electronic Advance Passenger Information System; \4\ or
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(2) Other means meeting minimum standards deemed acceptable to CDC
in consultation with CBP.
(c) For all crew members, upon request from the CDC Director,
transmit the designated information through encrypted email or other
means approved by CDC within 24 hours.
CDC or CBP may issue additional operational guidance to aircraft
operators regarding the collection and transmission of the designated
information, including for those who are unable submit data in the
manner specified or to meet the deadline of technical compliance.
Any entities covered under section 2 that fail to comply with
section 2 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.
3. Requirements for Passengers:
Beginning 11:59 p.m. Eastern Standard Time on March 4, 2021, any
passenger destined for the United States on a flight covered under
sections 1 or 2 who is departing from, or was otherwise present in, DRC
or Guinea within 21 days prior to entry, or attempted entry, into the
United States shall provide the designated information, as instructed
by the airline or aircraft operator, insofar as the information exists
for the passenger.
Authorized representatives (for example, immediate family member,
legal guardian, or travel agent) may provide the designated information
on behalf of passengers, including on behalf of minors or other
passengers who are unable to do so on their own behalf), but the
information must be specific to the individual passenger (e.g.agents
may not put one number for an entire group of unrelated persons).
Any passenger who fails to comply with the requirements of section
3 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.
CDC and CBP will maintain the designated information within their
respective systems in accordance with Federal law, including the
Privacy Act of 1974 (5 U.S.C. 552a). Identifiable information may be
used and shared only for lawful purposes, including with authorized
personnel of the United States Department of Health and Human Services;
the United States Department of Homeland Security; state, local,
tribal, and territorial public health departments; and other
cooperating authorities, as authorized by law. CDC and CBP will retain,
use, delete, or otherwise destroy the designated information in
accordance with the Federal Records Act, applicable Privacy Act System
of Records Notices, and other applicable law.
CDC may modify this Order by an updated publication in the Federal
Register or by posting an advisory to follow at www.cdc.gov.
Authority
The CDC Director is issuing this Order pursuant to Sections 361 and
365 of the Public Health Service (PHS) Act, 42 U.S.C. 264 and 268, and
implementing regulations at 42 CFR 71.4, 71.20, 71.31, and 71.32.
Dated: March 2, 2021.
Sherri Berger,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-04625 Filed 3-2-21; 4:15 pm]
BILLING CODE 4163-18-P