Notice2021-24386
Requirement for Airlines and Operators To Collect and Transmit Designated Information for Passengers and Crew Arriving Into the United States; Requirement for Passengers To Provide Designated Information
Primary source
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Published
November 5, 2021
Effective
November 8, 2021
Issuing agencies
Health and Human Services DepartmentCenters for Disease Control and Prevention
Abstract
The Centers for Disease Control and Prevention (CDC), a component of the Department of Health and Human Services (HHS), announces the requirement for all airlines and operators to collect and/or maintain passenger and crew contact information (designated information), and for passengers to provide such information to airlines and operators, on flights arriving into the United States. This includes flights with intermediate stops in the United States between the flight's foreign point of origin and the final destination. Unless otherwise transmitted to the U.S. Government via established U.S. Department of Homeland Security (DHS) data systems, airlines and operators are required to retain the designated information for 30 days and transmit it within 24 hours of a request from CDC. Accurate and complete contact information is needed to protect the health of travelers and U.S. communities and for the purposes of public health follow-up.
Full Text
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61246-61252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24386]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Requirement for Airlines and Operators To Collect and Transmit
Designated Information for Passengers and Crew Arriving Into the United
States; Requirement for Passengers To Provide Designated Information
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), a
component of the Department of Health and Human Services (HHS),
announces the requirement for all airlines and operators to collect
and/or maintain passenger and crew contact information (designated
information), and for passengers to provide such information to
airlines and operators, on flights arriving into the United States.
This includes flights with intermediate stops in the United States
between the flight's foreign point of origin and the final destination.
Unless otherwise transmitted to the U.S. Government via established
U.S. Department of Homeland Security (DHS) data systems, airlines and
operators are required to retain the designated information for 30 days
and transmit it within 24 hours of a request from CDC. Accurate and
complete contact information is needed to protect the health of
travelers and U.S. communities and for the purposes of public health
follow-up.
DATES: This Order is effective beginning 12:01 a.m. Eastern Standard
Time on November 8, 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. Telephone: 404-498-
1600. Email: <a href="/cdn-cgi/l/email-protection#debab9b3afaeb1b2b7bda7b1b8b8b7bdbb9ebdbabdf0b9b1a8"><span class="__cf_email__" data-cfemail="b5d1d2d8c4c5dad9dcd6ccdad3d3dcd6d0f5d6d1d69bd2dac3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The current coronavirus disease 2019 (COVID-19) pandemic has spread
globally. As of October 22, 2021, there were over 242,000,000 confirmed
cases of COVID-19 globally resulting in over 4,900,000 deaths; more
than 45,000,000 cases have been confirmed in the U.S., with new cases
being reported daily, and over 733,000 U.S. deaths due to the disease.
In addition, genetic variants of SARS-CoV-2, the virus that causes
COVID-19, have been emerging and circulating around the world
throughout the pandemic. The Delta variant now makes up over 99% of
cases in the United States and is two times as contagious as previous
variants. Some of the potential features and consequences of emerging
variants are their ability to spread more quickly in people, cause more
severe effects in people, evade detection by specific viral diagnostic
tests, diminish the efficacy of therapeutic agents such as monoclonal
antibodies, and evade natural or vaccine-induced immunity. Preventing
the importation and spread of SARS-CoV-2 variants and other
communicable diseases of concern requires identifying and contacting
travelers who may be infected with, or have been exposed to,
communicable diseases.
Air travel may potentially continue the spread of SARS-CoV-2 and
its variants as well as other communicable diseases rapidly around the
globe, as infected people who may be sick or incubating infection
travel to other countries from a country where a disease is spreading.
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 identified the following information as needed for reliable public
health management of travelers: full name, address while in the United
States, primary contact phone number, secondary or emergency contact
phone number, email address, date of birth, airline name, flight
number, city of departure, departure date and time, city of arrival,
arrival date and time, and seat number.
A copy of the Order is provided below and a copy of the signed
Order and Technical Instructions can be found at <a href="https://www.cdc.gov/quarantine/order-collect-contact-info.html">https://www.cdc.gov/quarantine/order-collect-contact-info.html</a>.
Order of the Centers for Disease Control and Prevention, Department of
Health and Human Services
Requirement for Airlines and Operators To Collect and Transmit
Designated Information for Passengers and Crew Arriving Into the United
States; Requirement for Passengers To Provide Designated Information
Under 42 CFR 71.4, 71.20, 71.31, and 71.32 as Authorized by 42 U.S.C.
264 and 268
Attention
<bullet> All airlines and operators conducting any passenger-
carrying operations into the United States from a foreign last point of
departure.
<bullet> All passengers and crewmembers flying into, or transiting
through, the United States from a foreign last point of departure.
Introduction
The Director of the Centers for Disease Control and Prevention
(CDC) (Director) is issuing this Order (Order) to require all airlines
and operators of flights arriving into the United States from a foreign
last point of departure to collect and/or maintain passenger and
crewmember contact information (``designated information''). These
requirements also apply to flights with intermediate stops in the
United States between the flight's foreign point of origin and the
final destination.
Airlines and operators are required to collect the five data
elements from the interim final rule (IFR) \1\ published on February
12, 2020, from passengers, to the extent they exist, and to maintain
additional data elements outlined in 42 CFR 71.4(b) \2\--to the extent
that such data are already available and maintained by the airline. The
data elements from the IFR and the additional data elements outlined in
42 CFR 71.4(b) make up the designated information referred to in this
Order. The designated information consists of full name, address while
in the United States, primary contact phone number, secondary or
emergency contact phone number, email address, date of birth, airline
name, flight number, city of departure, departure date and time, city
of arrival, arrival date and time, and seat number. Airlines and
operators are
[[Page 61247]]
required to maintain the designated information for crewmembers.
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\1\ <a href="https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine">https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine</a>.
\2\ <a href="https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#p-71.4">https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#p-71.4</a>(b).
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These data elements are necessary for identifying and locating
passengers and crewmembers who may have coronavirus disease 2019
(COVID-19) or may have been exposed to a person with COVID-19 or
another communicable disease of concern. Unless otherwise transmitted
to the U.S. Government via established U.S. Department of Homeland
Security (DHS) data systems, airlines and operators are required to
retain the designated information for 30 days and transmit it within 24
hours of a request from CDC. The methods of transmission to the U.S.
Government, whether transmitted per the CDC technical instructions or
whether via an established DHS data system, must be made through
approved secure electronic means.
Flights contracted by the U.S. Military services are exempt from
this Order. Flights contracted by other federal agencies may also be
exempted by CDC on a case-by-case basis. Flights designated as state
aircraft under international law (1) by an appropriate United States
federal government department or agency, or (2) by a foreign government
and granted diplomatic clearance to enter U.S. airspace, are exempt
from this Order. All exempt aircraft and persons may voluntarily comply
to aid the public health response.
CDC will issue additional operational guidance and technical
instructions to airlines and operators regarding the collection,
retention, and transmission of the designated information. CDC will
maintain and use the designated information called for in this Order in
accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and its
applicable System of Records Notice.\3\
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\3\ <a href="https://www.cdc.gov/sornnotice/09-20-0171.htm">https://www.cdc.gov/sornnotice/09-20-0171.htm</a>.
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Background
The current COVID-19 pandemic has spread globally, including cases
reported in all 50 States within the United States, the District of
Columbia, and U.S. territories. As of October 22, 2021, there have been
over 242,000,000 confirmed cases of COVID-19 globally resulting in over
4,900,000 deaths; \4\ more than 45,000,000 COVID-19 cases have been
confirmed in the United States as well as over 733,000 COVID-19 related
deaths, with new cases being reported daily.\5\
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\4\ <a href="https://covid19.who.int/">https://covid19.who.int/</a>.
\5\ <a href="https://covid.cdc.gov/covid-data-tracker/#datatracker-home">https://covid.cdc.gov/covid-data-tracker/#datatracker-home</a>.
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In addition, genetic variants of SARS-CoV-2, the virus that causes
COVID-19, have been emerging and circulating around the world
throughout the COVID-19 pandemic.\6\ There is currently one variant of
concern (Delta) circulating in the United States and ten other variants
being monitored.\7\ As of October 22, 2021, the Delta variant made up
over 99.0% of new COVID-19 cases in the United States.\8\ CDC is
closely tracking and reporting variants of SARS-CoV-2 around the world
\9\ and is working with state and local health departments to establish
and expand sequencing capacity to identify, characterize, and report
variants.
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\6\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/variants/index.html">https://www.cdc.gov/coronavirus/2019-ncov/variants/index.html</a>.
\7\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/variants/variant-info.html">https://www.cdc.gov/coronavirus/2019-ncov/variants/variant-info.html</a>.
\8\ <a href="https://covid.cdc.gov/covid-data-tracker/#variant-proportions">https://covid.cdc.gov/covid-data-tracker/#variant-proportions</a>.
\9\ <a href="https://covid.cdc.gov/covid-data-tracker/#global-variant-report-map">https://covid.cdc.gov/covid-data-tracker/#global-variant-report-map</a>.
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Some of the potential features and consequences of emerging
variants are their ability to spread more quickly in people, cause more
severe effects in people, evade detection by specific viral diagnostic
tests, diminish the efficacy of therapeutic agents such as monoclonal
antibodies, and evade natural or vaccine-induced immunity.\10\ The
Delta variant spreads faster than other variants and may cause more
severe illness in unvaccinated people than previous strains.\11\ COVID-
19 vaccines protect people against severe illness, including disease
caused by the Delta variant and other variants circulating in the
United States, decreasing the likelihood of hospitalization or death
due to COVID-19. Fully vaccinated people get COVID-19 less often than
unvaccinated people; however, people who are infected after being fully
vaccinated can be contagious.\12\ Preventing the further importation
and spread of SARS-CoV-2 variants of concern will require rapid
identification and notification of potentially infected or exposed
travelers (passengers and crew) so that they and their respective
jurisdictional public health officials may take steps to minimize
exposure to others.
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\10\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-emerging-variants.html">https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-emerging-variants.html</a>.
\11\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html">https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html</a>.
\12\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthrough-cases.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthrough-cases.html</a>.
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While vaccination is the most important tool for controlling the
pandemic, public health mitigation efforts, including isolation of
infected persons and contact tracing and management, remain key to
slowing transmission and spread of SARS-CoV-2, even as vaccines are
increasingly available in the United States and around the world. Air
travel may contribute to the spread of SARS-CoV-2 and other
communicable diseases around the globe if people who are infected or
incubating infection travel by aircraft, particularly if they fail to
use mitigation measures such as masks to prevent COVID-19. Air travel
can also increase a person's risk of getting and spreading communicable
diseases by bringing people in close contact with others, often for
prolonged periods, and exposing them to frequently touched surfaces.
While fully vaccinated travelers are less likely to get and transmit
SARS-CoV-2, international travel poses additional risks, and even fully
vaccinated travelers might be at increased risk for getting and
possibly spreading some SARS-CoV-2 variants.\13\
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\13\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html</a>.
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Public health officials may need to follow up with travelers after
arrival, either because these travelers may have been exposed before
they traveled or because during travel they were possibly exposed to a
person known to have a communicable disease that poses a public health
threat, such as COVID-19. Other communicable diseases for which CDC
conducts contact investigations of exposure while traveling on aircraft
are infectious tuberculosis (including multidrug-resistant and
extensively drug-resistant infections), measles, pertussis (whooping
cough), meningococcal disease, and Middle East Respiratory Syndrome
(MERS).\14\ \15\ \16\ \17\ Similarly, preventing the further
importation and spread of SARS-CoV-2, including variants of concern,
requires rapid identification and notification of potentially infected
or exposed travelers so that they and their respective jurisdictional
public health officials can take steps to minimize exposure to others.
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\14\ <a href="https://www.cdc.gov/quarantine/contact-investigation.html">https://www.cdc.gov/quarantine/contact-investigation.html</a>.
\15\ Nelson K, Marienau K, Schembri C, Redd S. Measles
transmission during air travel, United States, December 1, 2008-
December 31, 2011. Travel Med Infect Dis. 2013 Mar-Apr;11(2):81-9.
doi: 10.1016/j.tmaid.2013.03.007.
\16\ Marienau KJ, Cramer EH, Coleman MS, Marano N, Cetron MS.
Flight related tuberculosis contact investigations in the United
States: comparative risk and economic analysis of alternate
protocols. Travel Med Infect Dis. 2014 Jan-Feb;12(1):54-62. doi:
10.1016/j.tmaid.2013.09.007.
\17\ Lippold SA, Objio T, Vonnahme L, et al. Conveyance Contact
Investigation for Imported Middle East Respiratory Syndrome Cases,
United States, May 2014. Emerg Infect Dis. 2017 Sep;23(9):1585-1589.
doi: 10.3201/eid2309.170365.
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[[Page 61248]]
In the past, public health efforts to follow up with travelers
arriving into the United States have been hampered by incomplete or
inaccurate contact information, causing delays in conducting contact
investigations and requiring resource-intensive entry screening
operations to facilitate post-arrival management of travelers.\18\ \19\
\20\ These challenges occurred during the 2014 response to MERS, the
2014-2016 response to the Ebola epidemic in West Africa, and in the
early stage of the current COVID-19 public health emergency. Timely
public health follow-up requires health officials to have prompt access
to accurate and complete contact information for travelers traveling
into, or transiting through, the United States. Inaccurate or
incomplete contact information decreases the ability of public health
authorities to protect the health of travelers 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.
Given that it is impossible to predict which passengers' or
crewmembers' information will be needed for public health purposes, it
is necessary to collect information for all passengers and crewmembers
originating abroad who intend to travel to, or transit through, the
United States. Additionally, many passengers transiting through the
United States will likely transit back through the United States on
their return trip. If they were exposed during travel, they may return
at a time when they are infectious. Facilitating notification to public
health authorities at their final destination would prevent potential
exposures during such return travel.
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\18\ Regan JJ, Jungerman MR, Lippold SA, et al. Tracing Airline
Travelers for a Public Health Investigation: Middle East Respiratory
Syndrome Coronavirus (MERS-CoV) Infection in the United States,
2014. Public Health Rep. 2016 Jul-Aug;131(4):552-9. doi: 0.1177/
0033354916662213.
\19\ Cohen NJ, Brown CM, Alvarado-Ramy F, et al. Travel and
Border Health Measures to Prevent the International Spread of Ebola.
MMWR Suppl. 2016 Jul 8;65(3):57-67. doi: 10.15585/mmwr.su6503a9.
\20\ Dollard P, Griffin I, Berro A, et al. Risk Assessment and
Management of COVID-19 Among Travelers Arriving at Designated U.S.
Airports, January 17-September 13, 2020. MMWR Morb Mortal Wkly Rep.
2020 Nov 13;69(45):1681-1685. doi: 10.15585/mmwr.mm6945a4.
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CDC identified that the following information is needed for
reliable public health management of travelers disembarking in, or
transiting through, the United States: Full name, address while in the
United States, primary contact phone number, secondary or emergency
contact phone number, email address, date of birth, airline name,
flight number, city of departure, departure date and time, city of
arrival, arrival date and time, and seat number.
CDC's authority for collecting these data elements is contained in
42 CFR 71.4.\21\ The first five data elements were added to section
71.4 on February 12, 2020, in response to the current COVID
pandemic.\22\ Airlines with flights arriving into the United States
must collect and, within 24 hours of an order issued by the CDC
Director, transmit these five data elements to CDC. The remaining data
elements, listed in 42 CFR 71.4(b), are part of CDC's previously
existing regulatory scheme. Airlines must also transmit these data
elements to CDC within 24 hours of an order, to the extent such data
elements are already available and maintained by the airline.
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\21\ <a href="https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4">https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4</a>.
\22\ <a href="https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine">https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine</a>.
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Identifying individual COVID-19 cases and conducting contact
tracing continue to be an important strategy in preventing
opportunities for the virus to spread and mutate, particularly to
prevent the spread of variants of COVID-19 that are not already
prevalent in the United States. Even as more people become fully
vaccinated, sub-populations of unvaccinated people and others
vulnerable to infection will remain, including people who elect not to
be vaccinated, those ineligible for vaccination (currently young
children), people with contraindications to vaccination, and people at
increased risk for severe illness (including some who may be fully
vaccinated, such as those with certain immunocompromising conditions).
In areas where spread of the virus has been controlled, rapid
identification of imported cases and containment of further
transmission through nonpharmaceutical interventions, including
isolation of infected people and quarantine of susceptible close
contacts, will be essential to prevent resurgence of local epidemics
and ultimately end the pandemic.
CDC has taken a variety of additional steps to mitigate the risk
that travel poses to the further spread of SARS-CoV-2 and the
introduction of its variants into the United States. On October 25,
2021, CDC amended an Order requiring all air passengers two years of
age and older traveling to the United States from any foreign country
to be tested for SARS-CoV-2 either no more than three days prior to
their flight, for those who are fully vaccinated, or no more than one
day prior to their flight, for those who are not fully vaccinated. Air
passengers may alternatively present documentation of having recovered
from COVID-19 in the previous 3 months.\23\ On October 25, 2021, CDC
also issued an Order implementing a Presidential Proclamation requiring
all noncitizens who are nonimmigrants, with limited exceptions, to be
fully vaccinated in order to fly into the United States from any
foreign country. On January 29, 2021, CDC issued an Order requiring the
wearing of masks by persons on any conveyance entering, traveling
within, or departing the United States and at U.S. transportation hubs
to prevent further spread of SARS-CoV-2.\24\ In addition, CDC has
posted Level 4 Travel Notices recommending travelers avoid all non-
essential travel to more than 150 countries worldwide because of very
high rates of COVID-19 in these countries.\25\ This Order aligns with
these new and existing public health mitigation actions.
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\23\ 86 FR 7387 and <a href="https://www.cdc.gov/quarantine/fr-proof-negative-test.html">https://www.cdc.gov/quarantine/fr-proof-negative-test.html</a>..
\24\ 86 FR 8025 and <a href="https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html">https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html</a>..
\25\ <a href="https://wwwnc.cdc.gov/travel/noticescovid19">https://wwwnc.cdc.gov/travel/noticescovid19</a>.
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Scope of the Order
This Order applies to all passengers and passenger-carrying
operations arriving into the United States from a foreign last point of
departure (including flights with intermediate stops in the United
States between the flight's foreign point of origin and the final
destination). Where appropriate, CDC has used Federal Aviation
Administration or Department of Transportation regulatory references
for ease of reference for the affected industry. As used in the Order,
the terms described below have their given meanings.
This Order imposes obligations on ``airlines'', ``operators,''
``passengers,'' and ``crewmembers.'' ``Airlines'' has the same meaning
as in 42 CFR 71.1(b), which includes ``air carriers'' and ``foreign air
carriers'' providing ``air transportation'' as those terms are defined
in 49 U.S.C. 40102(a)(2), (a)(5), and (a)(21). An ``operator'' is any
person \26\ that operates an aircraft. To ``operate'' an aircraft means
to use, cause to use, or authorize to use aircraft for the purpose of
air navigation. ``Operate'' includes piloting an aircraft, with or
without the right of legal control (as owner, lessee, or otherwise). An
[[Page 61249]]
operator can be any person such as an air carrier, a commercial
operator (as defined in 14 CFR 1.1), or a non-certificated party.
``Passenger'' means any person who is not a crewmember on any aircraft
operation carrying any person (``passenger-carrying operation'').
``Crewmember'' means a person assigned to perform duty in an aircraft
during flight time.
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\26\ A ``person'' is ``an individual, firm, partnership,
corporation, company, association, joint-stock association, or
governmental entity. It includes a trustee, receiver, assignee, or
similar representative of any of them.'' 14 CFR 1.1.
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Passengers must provide the designated information, to the extent
it exists, to airlines and operators. Airlines and operators must
collect the designated information from passengers and retain it for 30
days from the flight's departure unless it is otherwise transmitted to
the U.S. Government. CDC is requiring a retention period of 30 days
because it can take up to 30 days for CDC to receive genetic sequencing
information identifying a SARS-CoV-2 variant of concern for which
contact tracing beyond the 14-day incubation period of COVID-19 may be
warranted. The incubation periods for measles, whooping cough,
meningococcal disease, Ebola, and MERS--other communicable diseases for
which CDC conducts contact investigations--are all less than 30 days.
Airlines or operators that enter into a contract with U.S. Military
services to provide transportation to persons designated by U.S.
Military services are exempt from the Order. CDC is exempting these
operations because U.S. Military service's standard practice is to
collect and retain the designated information and conduct any necessary
public health follow-up for passengers on the aircraft that operate in
accordance with the U.S. Military service contract with the airline or
operator. Airlines and operators that contract with other U.S.
Government agencies may be eligible for an exemption on a case-by-case
basis if the U.S. Government agency submits a request to CDC and agrees
to CDC's required public health conditions, including conducting
necessary public health follow-up for passengers. But, in these
instances, the U.S. Government agency that is a party to such a
contract shall conduct any necessary public health follow-up for
passengers and crew. Flights designated as state aircraft under
international law (1) by an appropriate United States federal
government department or agency, or (2) by a foreign government and
granted diplomatic clearance to enter U.S. airspace, are exempt from
this Order.
This Order does not alter or affect the requirements under 42 CFR
71.21 that airlines and operators, including Air Medical Transport
services, report to CDC any deaths or illnesses onboard flights
destined for a U.S. airport.\27\ As part of the reporting of any death
or illness onboard, passenger contact information must be collected and
reported in real time to CDC, in addition to any data transmission
required under this Order.\28\
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\27\ <a href="https://www.cdc.gov/quarantine/air/reporting-deaths-illness/guidance-reporting-onboard-deaths-illnesses.html">https://www.cdc.gov/quarantine/air/reporting-deaths-illness/guidance-reporting-onboard-deaths-illnesses.html</a>.
\28\ <a href="https://www.cdc.gov/quarantine/air/reporting-deaths-illness/">https://www.cdc.gov/quarantine/air/reporting-deaths-illness/</a>.
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Determinations and Immediate Action
Accordingly, and consistent with 42 CFR 71.4, 71.20, 71.31, and
71.32, I hereby find that international travel into the United States
has the potential to exacerbate and accelerate the introduction of
SARS-CoV-2 variants not already present (along with other communicable
diseases) and that the scope of this pandemic is inherently and
necessarily a problem that is global in nature. The collection and
transmission of information required by this Order is therefore
necessary to prevent the further introduction, transmission, or spread
of COVID-19 via air travel into and throughout the United States. The
requirements of this Order will enable prompt public health follow-up
by public health jurisdictions, allowing them to quickly implement
public health mitigation efforts such as isolation of infected persons
and contact tracing and management of people exposed to a communicable
disease of concern.
In addition, I hereby determine that passengers and crewmembers on
flights covered by this Order are or may be at risk of exposure to
SARS-CoV-2 and may further the introduction and spread of SARS-CoV-2
variants and other communicable diseases into the United States. Their
accurate and complete contact information as provided for in this Order
is needed to protect the health of other travelers and U.S.
communities.
The CDC has determined that this Order is not a rule within the
meaning of the Administrative Procedure Act (APA) but rather an
emergency action taken under the existing regulatory authority of 42
CFR 71.4, 71.20, 71.31, and 71.32. The purpose of these sections is to
enable CDC to swiftly take targeted actions within the scope of these
authorities to prevent the introduction and spread of communicable
diseases. Indeed, in response to the current pandemic, CDC published an
interim final rule (IFR) \29\ for public comment on February 12, 2020,
establishing the requirements in 42 CFR 71.4 \30\ to collect and
transmit designated information upon an order issued by the CDC
Director.
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\29\ <a href="https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine">https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine</a>.
\30\ <a href="https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4">https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4</a>.
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Good Cause
In the event that a court finds this Order qualifies as a rule
under the APA, there is good cause to dispense with prior notice and
comment and a delay in effective date. See 5 U.S.C. 553(b)(B), (d)(3).
As more fully explained below, I have determined that good cause exists
because the public health emergency caused by COVID-19 and the
unpredictability of virus mutations and the recent course of the
pandemic make notice-and-comment rulemaking impracticable and contrary
to the public health, and by extension the public interest.
The rapidly changing nature of the pandemic requires not only that
CDC act swiftly, but also deftly, to ensure that its actions are
commensurate with the threat. Given the current case rates and other
disease mitigation measures that federal, state, and local
jurisdictions are taking across the country, identifying individual
cases and conducting contact tracing are critical public health actions
urgently needed to prevent opportunities for the virus to spread and
further mutate.
The emergence of variants, particularly the Delta variant, has
demonstrated the unpredictability of the SARS-CoV-2 virus and the
COVID-19 pandemic and has shown how COVID-19 case rates,
hospitalizations, and deaths can increase rapidly when a new variant
emerges. For example, the Delta variant is more than two times as
contagious as previous variants and has spread faster than earlier
variants of the SARS-CoV-2 virus.\31\ The share of infections from the
Delta variant in the United States on May 29, 2021, was under 7%, at a
point when the trajectory of the pandemic seemed for the better, but by
July 31, 2021, the share of infections with the Delta variant surpassed
94%.\32\ In late June, the 7-day moving average of reported cases was
only around 12,000. By July 27, just 4 weeks later, the 7-day moving
average of cases had increased fivefold and reached over 60,000, a rate
similar to the rate before COVID-19 vaccines were widely available.
Between July and September, the spread of the Delta variant caused a
rapid increase in hospitalizations and deaths, especially
[[Page 61250]]
in areas with higher levels of community transmission and lower
vaccination coverage.<SUP>33 34</SUP> The 7-day average for August 4-
August 10 for new hospital admissions was a 29.6% increase from the
prior 7-day average. The 7-day average for new deaths increased 21%
compared to the previous 7-day average. As of October 24, 2021, COVID-
19 cases were declining; however, a majority of the United States is
still experiencing high community transmission. There have been
multiple points throughout the COVID-19 pandemic when cases have
swiftly and unexpectedly surged and then declined; therefore, the
rapidly changing, unpredictable nature of the COVID-19 pandemic compels
CDC to act quickly.
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\31\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html">https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html</a>.
\32\ <a href="https://covid.cdc.gov/covid-data-tracker/#variant-proportions">https://covid.cdc.gov/covid-data-tracker/#variant-proportions</a>.
\33\ <a href="https://gis.cdc.gov/grasp/covidnet/COVID19_5.html">https://gis.cdc.gov/grasp/covidnet/COVID19_5.html</a>.
\34\ <a href="https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths">https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths</a>.
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With high transmission rates and low vaccination rates in areas of
the United States and around the world, new SARS-CoV-2 variants are
expected to occur. New variants may be more transmissible or cause more
severe disease, and vaccines and therapeutics may be less effective
against these strains. The best way to slow the emergence of new
variants is to act quickly to reduce the spread of infection through
vaccination layered with additional mitigation measures, including
timely and effective case detection and contact tracing and public
health follow-up of international travelers.
For these reasons, I hereby conclude that notice-and-comment
rulemaking and a delay in the effective date or the Order would defeat
the purpose of the Order and endanger the public health, and is,
therefore, impracticable and contrary to the public interest. CDC may
exercise its enforcement discretion with respect to airlines and
operators who are unable to come into compliance on November 8, 2021
despite demonstrated good faith efforts to do so.
Miscellaneous
Similarly, if this Order qualifies as a rule under the APA, the
Office of Information and Regulatory Affairs (OIRA) has determined that
it would be a major rule under Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of 1996 (the Congressional Review
Act or CRA), 5 U.S.C. 804(2). Regardless of whether this Order
qualifies as a rule under the APA, OIRA has determined that it is an
economically significant regulatory action under the definitions
provided for those terms in Executive Order 12866. Thus, this action
has been reviewed by OIRA. CDC has determined that for the same reasons
given above, there would be good cause under the CRA to make the
requirements herein effective immediately. 5 U.S.C. 808(2). This Order
will cease to be in effect on the earlier of (1) the date that is two
incubation periods after the last known case of COVID-19, or (2) when
the Secretary determines there is no longer a need for the interim
final rule (IFR) \35\ published in the Federal Register on February 7,
2020. As appropriate, the Secretary will publish a document in the
Federal Register announcing the expiration date of the IFR.
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\35\ <a href="https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine">https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign-quarantine</a>.
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CDC will separately comply with the requirements of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
If any provision of this Order, or the application of any provision
to any persons, entities, or circumstances, shall be held invalid, the
remainder of the provisions, or the application of such provisions to
any persons, entities, or circumstances other than those to which it is
held invalid, shall remain valid and in effect.
Directive
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. Definitions
As used in this Order, the term:
`Airline' has the same meaning as in 42 CFR 71.1(b);
`Communicable disease' has the same meaning as in 42 CFR 71.1(b);
`Crewmember' means a person assigned to perform duty in an aircraft
during flight time;
`Designated information' means the data elements listed below, to
the extent that they exist.\36\ Data elements listed in subsections (a)
through (e) must be provided by the passenger and maintained by the
airline or operator for crewmembers and (f) through (m) must be
provided to the extent such data elements are already available and
maintained by the airline or operator.
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\36\ An individual may not, for example, have an email address
or phone number, in which case the individual would not be required
to provide one.
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(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);
(c) Primary contact phone number to include country and area code,
at which the passenger or crewmember 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;
(e) Email address that the passenger or crewmember will routinely
check while in the United States;
(f) Date of birth;
(g) Airline name;
(h) Flight number;
(i) City of departure;
(j) Departure date and time;
(k) City of arrival;
(l) Arrival date and time; and
(m) Seat number.
`Operator' means any person that operates an aircraft. To
``operate'' an aircraft means to use, cause to use or authorize to use
aircraft for the purpose of air navigation. ``Operate'' includes
piloting an aircraft, with or without the right of legal control (as
owner, lessee, or otherwise). An operator can be any person such as an
air carrier, a commercial operator (as defined in 14 CFR 1.1) or a non-
certificated party.
`Passenger' means any person who is not a crewmember on any
aircraft operation carrying any person;
`United States' has the same meaning as in 42 CFR 71.1(b).
2. Requirements for Airlines and Operators
(a) This section applies to all passenger-carrying operations
conducted on aircraft arriving into the United States from a foreign
last point of departure (including flights with intermediate stops in
the United States between the flight's foreign point of origin and the
final destination). Airlines and operators are required to collect data
as soon as practicable but CDC will use enforcement discretion after
the Order effective date to allow airlines to come into compliance.
(b) Beginning on flights departing for the United States from a
foreign last point of departure after 12:01 a.m. Eastern Standard Time
on November 8, 2021 (including flights with intermediate stops in the
United States between the flight's foreign origin and the final
destination), all airlines and operators of any passenger-carrying
operations shall:
(i) Collect the ``designated information'' for all passengers
before boarding, but not more than 72 hours before departing from the
flight's foreign last point of departure;
(ii) Maintain the ``designated information'' for all crewmembers;
(iii) When collecting the ``designated information,'' notify
passengers of the purpose and intent of the information
[[Page 61251]]
collection, that the obligation to provide complete and accurate
information is a United States Government requirement, and that failure
to provide complete and accurate information may result in criminal
penalties, as set forth herein. The airline or operator must also
obtain confirmation from each passenger that the information provided
is complete and accurate; and
(iv) Retain the ``designated information'' under subparagraphs
2(b)(i) and 2(b)(ii) for each flight for a minimum of 30 days from the
flight's departure and, within 24 hours of a request from the CDC
Director, transmit it to CDC through secure, electronic means approved
by CDC.\37\ Data retention is not required for those airlines and
operators who choose to otherwise securely transmit data using
established DHS data systems.
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\37\ <a href="https://www.cdc.gov/quarantine/order-collect-ti.html">https://www.cdc.gov/quarantine/order-collect-ti.html</a>.
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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. Willfully giving false or misleading information to the
government may result in criminal penalties under, inter alia, 18
U.S.C. 1001.
3. Requirements for Passengers
This section applies to any passenger on a flight covered under
this Order, including passengers with intermediate stops in the United
States between the flight's foreign point of origin and the final
destination. Beginning on flights departing for the United States from
a foreign last point of departure after 12:01 a.m. Eastern Standard
Time on November 8, 2021, the passenger or the passenger's authorized
representative shall--
(i) Accurately provide the ``designated information'' as instructed
by the airline or operator before boarding a flight to the United
States insofar as the information exists for the passenger;
(ii) Acknowledge the airline's or operator's notification of the
purpose and intent of this information collection, that the obligation
to provide complete and accurate information is a United States
Government requirement, and that failure to provide complete and
accurate information may result in criminal penalties; and,
(iii) Confirm that the provided ``designated information'' is
complete and accurate.
An authorized representative (for example, immediate family member,
legal guardian, or travel agent) may provide the ``designated
information'' and acknowledge the airline's or operator's notification
on behalf of the passenger, including on behalf of a minor or other
passenger who is unable to do so on his or her own behalf, but the
information provided must be specific to the individual passenger
(e.g., agents may not list contact information for the travel agency or
provide one telephone number or email address for an entire group of
unrelated persons).
Any passenger or authorized representative 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. Willfully giving false or misleading
information to the government may result in criminal penalties under,
inter alia, 18 U.S.C. 1001.
4. Exemptions
This Order does not apply to the following:
(a) Any airline or operator that enters into a contract with the
U.S. Military services to provide transportation to persons designated
by the U.S. Military service is exempt from this Order for flights
covered under the contract. The U.S. Military service typically
collects and retains the ``designated information'' and conducts any
necessary public health follow-up for passengers on the aircraft that
operate in accordance with the U.S. Military service contract with the
airline or operator.
(b) Any airline or operator that enters into a contract with
another U.S. Government agency may be eligible for an exemption on a
case-by-case basis with approval from the CDC Director. Any request for
this exemption must be made to CDC and is subject to any requirement or
limitation established by the CDC Director, including that the U.S.
Government agency that is a party to such a contract shall conduct any
necessary public health follow-up for passengers and crew.
(c) Any airline or operator designated as state aircraft under
international law (1) by an appropriate United States federal
government department or agency, or (2) by a foreign government and
granted diplomatic clearance to enter U.S. airspace.
5. Privacy
CDC intends to use the ``designated information'' only for public
health follow-up, such as education, treatment, prophylaxis, or other
appropriate public health interventions, including travel restrictions.
CDC will maintain and use the ``designated information'' called for in
this Order in accordance with the Privacy Act of 1974 (5 U.S.C. 552a)
and its applicable System of Record Notice.\38\ As noted in the System
of Records Notice, CDC retains contact tracing information until the
contact tracing investigation is complete or no longer than 12 months.
Personally identifiable information may be used and shared only for
lawful purposes, including with authorized personnel of the U.S.
Department of Health and Human Services, state and local public health
departments, and other cooperating authorities, as authorized by law.
CDC will retain, use, delete, or otherwise destroy the ``designated
information'' in accordance with the Federal Records Act, applicable
Privacy Act System of Records notice, and other applicable law.
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\38\ <a href="https://www.cdc.gov/sornnotice/09-20-0171.htm">https://www.cdc.gov/sornnotice/09-20-0171.htm</a>.
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However, if ``designated information'' is transmitted by airlines
via an established DHS data system, DHS will integrate the data into
the DHS Automated Targeting System (ATS) \39\ and use it for passenger
screening. DHS may use the data for any use permitted by the ATS System
of Records Notice (SORN) \40\ and will retain it for a minimum of
fifteen years, in accordance with the SORN. Permitted uses of
established data systems, including ATS, include but are not limited to
immigration enforcement, law enforcement, anti-terrorism, national
security, and border security. DHS shares passenger data with other law
enforcement and national security partners pursuant to agreements with
those partners for use throughout a period of time specified by the
relevant agreement, or according to the recipient agency's SORN or
Attorney General-approved intelligence oversight guidelines.
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\39\ <a href="https://www.dhs.gov/sites/default/files/publications/privacy-pia-cbp006-ats-may2021.pdf">https://www.dhs.gov/sites/default/files/publications/privacy-pia-cbp006-ats-may2021.pdf</a>.
\40\ <a href="https://www.gpo.gov/fdsys/pkg/FR-2015-03-13/html/2015-05798.htm">https://www.gpo.gov/fdsys/pkg/FR-2015-03-13/html/2015-05798.htm</a>.
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CDC may modify this Order by an updated publication in the Federal
Register.
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
[[Page 61252]]
regulations at 42 CFR 71.4, 71.20, 71.31, and 71.32.
Sherri Berger,
Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-24386 Filed 11-3-21; 4:15 pm]
BILLING CODE 4163-18-P
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</html>Indexed from Federal Register on November 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.