Notice2022-13022
Rescinding Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country
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Published
June 15, 2022
Issuing agencies
Health and Human Services DepartmentCenters for Disease Control and Prevention
Abstract
The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), is hereby rescinding the Order titled, "Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country." As subsequently amended, the Order required all air passengers, two years or older, traveling to the United States from a foreign country to present a negative COVID-19 test result from a sample taken no more than one day before departure, or documentation of recovery from COVID-19 in the past 90 days, before boarding a flight.
Full Text
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<title>Federal Register, Volume 87 Issue 115 (Wednesday, June 15, 2022)</title>
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36129-36131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13022]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Rescinding Requirement for Negative Pre-Departure COVID-19 Test
Result or Documentation of Recovery From COVID-19 for All Airline or
Other Aircraft Passengers Arriving Into the United States From Any
Foreign Country
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice.
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SUMMARY: The Centers for Disease Control and Prevention (CDC), located
within the Department of Health and Human Services (HHS), is hereby
rescinding the Order titled,
[[Page 36130]]
``Requirement for Negative Pre-Departure COVID-19 Test Result or
Documentation of Recovery from COVID-19 for All Airline or Other
Aircraft Passengers Arriving Into the United States From Any Foreign
Country.'' As subsequently amended, the Order required all air
passengers, two years or older, traveling to the United States from a
foreign country to present a negative COVID-19 test result from a
sample taken no more than one day before departure, or documentation of
recovery from COVID-19 in the past 90 days, before boarding a flight.
DATES: This rescission was implemented June 12, 2022.
FOR FURTHER INFORMATION CONTACT: Candice Swartwood, Division of Global
Migration and Quarantine, National Center for Emerging and Zoonotic
Infectious Diseases, 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#4521222834352a292c263c2a23232c2620052621266b222a33"><span class="__cf_email__" data-cfemail="2145464c50514e4d4842584e4747484244614245420f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Order was one of several actions taken by the Federal
government during earlier phases of the COVID-19 pandemic to help
mitigate the further transmission and spread of SARS-CoV-2 variants
into and within the United States. Since then, many circumstances have
changed, including the widespread uptake of effective COVID-19 vaccines
and accompanying vaccine- and infection-induced immunity, as well as
the availability of effective therapeutics, and CDC remains focused on
preventing medically significant disease, hospitalizations, and deaths
from COVID-19. Accordingly, CDC has determined that it is not currently
necessary to leave the Order in place to prevent introduction of
currently circulating SARS-CoV-2 variants into the United States.
CDC continues to recommend that all travelers remain up to date
with vaccination against COVID-19 and get tested for current infection
with a viral test before and after they travel, and after any known
exposure to a person with COVID-19, so they can take appropriate
precautions to reduce the risk of exposing others while infectious.
Furthermore, CDC continues to recommend that people wear masks in
indoor public transportation settings.
Applicability of the Paperwork Reduction Act
In accordance with this Rescission Order, the Passenger Disclosure
and Attestation form (OMB Control No. 0920-1318) has been amended to
remove the testing requirement. CDC will publish a separate notice
regarding this change under the Paperwork Reduction Act.
Referenced Order
A copy of the Order is provided below, and a copy of the signed
Order can be found at <a href="https://www.cdc.gov/quarantine/pdf/rescission-global-testing-order-p.pdf.pdf">https://www.cdc.gov/quarantine/pdf/rescission-global-testing-order-p.pdf.pdf</a>.
Centers for Disease Control and Prevention Department of Health and
Human Services
Order Under Section 361 of the Public Health Service Act (42 U.S.C.
264) and 42 Code of Federal Regulations 71.20, 71.31(B)
Rescinding Requirement for Negative Pre-Departure Covid-19 Test Result
or Documentation of Recovery From Covid-19 for All Airline or Other
Aircraft Passengers Arriving Into the United States From Any Foreign
Country
Summary and Action
On January 26, 2021, the Centers for Disease Control and Prevention
(CDC), located within the Department of Health and Human Services
(HHS), issued an Order titled, ``Requirement for Negative Pre-Departure
COVID-19 Test Result or Documentation of Recovery from COVID-19 for All
Airline or Other Aircraft Passengers Arriving Into the United States
From Any Foreign Country.'' 86 FR 7387 (Jan. 28, 2021). As subsequently
amended, the Order currently requires all air passengers, 2 years or
older, traveling to the United States from a foreign country to present
a negative COVID-19 test result from a sample taken no more than one
day before departure, or documentation of recovery from COVID-19 in the
past 90 days, before boarding a flight. 86 FR 69256 (Dec. 7, 2021).\1\
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\1\ The Order stems from previous testing requirements, which
varied in scope and applicability. For example, on December 27,
2020, the CDC implemented the Order, Requirement for Negative Pre-
Departure COVID-19 Test Result for All Airline Passengers Arriving
Into the United States From the United Kingdom, in response to the
Alpha variant and rising number of COVID-19 cases.
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The Order was one of several actions taken by the Federal
government during earlier phases of the COVID-19 pandemic to help
mitigate the further transmission and spread of SARS-CoV-2 variants
into and within the United States. At that time, CDC concluded that it
was a reasonable and necessary measure in light of the increased risk
of transmission and spread of SARS-CoV-2 variants by international air
travel into the United States, as well as the low rate of vaccination
and infection-induced immunity in the United States, and emergence of
new variants of concern. Indeed, when the Order was last amended, it
identified the Omicron variant as a variant of concern, noting
uncertainty about how easily that variant might spread, the severity of
disease it might cause, and the level of protection against it that
vaccines might afford. 86 FR at 69259-60.
Since then, many circumstances have changed, including the
widespread uptake of effective COVID-19 vaccines and accompanying
vaccine- and infection-induced immunity, as well as the availability of
effective therapeutics. However, CDC remains focused on preventing
medically significant disease, hospitalizations, and deaths from COVID-
19. CDC has determined that it is not currently necessary to leave the
Order in place to prevent introduction of currently circulating SARS-
CoV-2 variants into the United States. In its place, CDC has determined
that travelers have access to tools (e.g., vaccines, therapeutics, and
recommended prevention measures) and guidance that allow travelers to
make informed choices about the use of pre-departure testing and other
prevention measures. CDC continues to recommend that all travelers
remain up to date with vaccination against COVID-19 and get tested for
current infection with a viral test before and after they travel, and
after any known exposure to a person with COVID-19, so they can take
appropriate precautions to reduce the risk of exposing others while
infectious.
CDC monitors circulating SARS-CoV-2 variants around the world and
can enhance prevention measures, including reinstituting testing
requirements, as warranted, including if a variant emerges that may
present increased risk of severe illness and death. Removing this
requirement is consistent with the framework CDC released in February
2022, ``COVID-19 Community Levels,'' reflecting public health's focus
on reducing medically significant disease, hospitalization, and
deaths.\2\
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\2\ This new framework examines three currently relevant metrics
for each U.S. county: new COVID-19 hospital admissions per 100,000
population in the past seven days, the percent of staffed inpatient
beds occupied by patients with COVID-19, and total new COVID-19
cases per 100,000 population in the past seven days. Indicators for
Monitoring COVID-19 Community Levels and Implementing Prevention
Strategies, Centers for Disease Control and Prevention, <a href="https://www.cdc.gov/coronavirus/2019-ncov/downloads/science/Scientific-Rationale-summary_COVID-19-Community-Levels_2022.02.23.pptx">https://www.cdc.gov/coronavirus/2019-ncov/downloads/science/Scientific-Rationale-summary_COVID-19-Community-Levels_2022.02.23.pptx</a> (Feb.
25, 2022).
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[[Page 36131]]
Vaccines, including boosters, continue to be the most important
public health tool for fighting COVID-19, and CDC recommends that all
people get vaccinated against COVID-19 as soon as they are eligible and
stay up to date with their vaccinations.\3\ When the Order was first
issued in January 2021, the United States and countries around the
world were just embarking on efforts to vaccinate their populations and
learn about emerging variants. Now, as of June 9, 2022, 70.9% of the
U.S. population five years of age and older has received a primary
series.\4\ Additionally, booster shots are recommended for and
available to individuals five years of age and older; \5\ second
booster shots are now recommended for adults ages 50 years or older and
people ages 12 years and older who are moderately or severely
immunocompromised.\6\ The increased percentage of individuals who are
not only fully vaccinated with a primary series but have also received
one or more booster doses strengthens community and individual
protection against serious illness from SARS-CoV-2 and reduces the
associated strain on healthcare infrastructure. We know that the now-
dominant Omicron variant, though more transmissible than prior
variants, has generally caused less severe disease among those who are
infected. COVID-19 vaccination still remains an effective measure to
prevent medically significant disease, hospitalizations, and deaths.
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\3\ COVID-19 Vaccines Work, Centers for Disease Control and
Prevention, <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/work.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/work.html</a> (updated Dec. 23, 2021). See also Thompson
MG, Natarajan K, Irving SA, et al. Effectiveness of a Third Dose of
mRNA Vaccines Against COVID-19-Associated Emergency Department and
Urgent Care Encounters and Hospitalizations Among Adults During
Periods of Delta and Omicron Variant Predominance--VISION Network,
10 States, August 2021-January 2022. MMWR Morb Mortal Wkly Rep
2022;71:139-145 (Jan. 28, 2022). DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm7104e3">http://dx.doi.org/10.15585/mmwr.mm7104e3</a> (attributing decline of vaccine effectiveness to
waning vaccine-induced immunity over time, possible increased immune
evasion by SARS-CoV-2 variants, or a combination of these and other
factors and finding that receiving a booster shot was highly
effective at preventing COVID-19-associated emergency department and
urgent care encounters and preventing COVID-19-associated
hospitalizations).
\4\ COVID Data Tracker, Centers for Disease Control and
Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-onedose-pop-5yr">https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-onedose-pop-5yr</a> (last visited June 10,
2022).
\5\ COVID Data Tracker Weekly Review: The Time Is Now--
Interpretive Summary for June 3, 2022, Centers for Disease Control
and Prevention, <a href="https://www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/index.html">https://www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/index.html</a> (June 3, 2022).
\6\ COVID-19 Vaccine Boosters, Centers for Disease Control and
Prevention, <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/booster-shot.html#second-booster">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/booster-shot.html#second-booster</a> (updated May 24, 2022).
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Similarly, the availability of efficacious and accessible
treatments adds a powerful layer of protection against severe COVID-19
that was not available in January 2021.\7\ The U.S. Government's
commitment to making such medications available and the ability to
produce variant-specific treatments are critical components of the next
phase of the fight against COVID-19. The observed reduction in severity
of COVID-19 cases and ongoing effective use of pharmaceutical
interventions contribute greatly to minimize medically significant
disease and largely prevent excessive strain on the healthcare sector
at this stage in the pandemic.\8\
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\7\ National COVID-19 Preparedness Plan--March 2022, <a href="https://www.whitehouse.gov/wp-content/uploads/2022/03/NAT-COVID-19-PREPAREDNESS-PLAN.pdf">https://www.whitehouse.gov/wp-content/uploads/2022/03/NAT-COVID-19-PREPAREDNESS-PLAN.pdf</a> (last visited Mar. 30, 2022). Antiviral pills
will also be added to the stockpile for the first time. See also
Information About COVID-19 EUAs for Medical Devices, U.S. Food and
Drug Administration, <a href="https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization#coviddrugs">https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization#coviddrugs</a> (updated June 3, 2022); FDA News Release:
Coronavirus (COVID-19) Update: FDA Authorizes First Oral Antiviral
for Treatment of COVID-19, U.S. Food and Drug Administration,
<a href="https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-authorizes-first-oral-antiviral-treatment-covid-19">https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-authorizes-first-oral-antiviral-treatment-covid-19</a> (Dec. 22, 2021).
\8\ Science Brief: Indicators for Monitoring COVID-19 Community
Levels and Making Public Health Recommendations, Centers for Disease
Control and Prevention, <a href="https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/indicators-monitoring-community-levels.html">https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/indicators-monitoring-community-levels.html</a>
(updated Mar. 4, 2022); Nationwide COVID-19 Infection- and
Vaccination-Induced Antibody Seroprevalence (Blood donations),
Centers for Disease Control and Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#nationwide-blood-donor-seroprevalence">https://covid.cdc.gov/covid-data-tracker/#nationwide-blood-donor-seroprevalence</a> (last
updated Feb. 18, 2022).
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Therefore, based on these considerations, I have concluded that
continuation of the Order is not currently necessary.\9\ There being no
operational need to delay implementation of this rescission for more
than a short period of time, it shall take effect for all aircraft
departing from their point of origin on or after Sunday, June 12, 2022,
at 12:01 a.m. Eastern Daylight Time (EDT). Importantly, CDC continues
to recommend that all travelers remain up to date with vaccination
against COVID-19 and get tested for current infection with a viral test
before and after they travel, and after any known exposure to a person
with COVID-19, so they can take appropriate precautions to reduce the
risk of transmission while infectious. Furthermore, CDC continues to
recommend that people wear masks in indoor public transportation
settings.
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\9\ This Order is not a legislative rule within the meaning of
the Administrative Procedure Act (``APA'') but rather a rescission
of a previous Order undertaken as an emergency action under the
existing authority of 42 U.S.C. 264(a) and 42 CFR 71.20, 71.31(b),
which was taken without notice and comment. In the event that a
court determines this rescission qualifies as a legislative rule
under the APA, notice and comment and a delay in effective date are
not required because the prior Order was established without notice
and comment and there is good cause to lift that restriction
immediately, given the current judgment that it is unnecessary to
prevent the introduction of COVID-19 into the United States and to
seek comment prior to the effective date of this notice would be
impracticable and contrary to the public interest. 5 U.S.C.
553(b)(3)(B). Further, while this Order is major under the
Congressional Review Act ``CRA'', it is not necessary to delay the
effective date for similar reasons of good cause. 5 U.S.C. 808(2).
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Effective Date
This rescission shall be effective for all aircraft departing their
point of origin on or after June 12, 2022, at 12:01 a.m. EDT.
Sherri Berger,
Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2022-13022 Filed 6-13-22; 4:15 pm]
BILLING CODE 4163-18-P
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