Notice2023-05305
Rescission of the Requirements for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for Aircraft Passengers Traveling to the United States From the People's Republic of China
Primary source
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Published
March 14, 2023
Effective
March 10, 2023
Issuing agencies
Health and Human Services DepartmentCenters for Disease Control and Prevention
Abstract
The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), announces the rescission of the Order requiring negative pre-departure COVID-19 test result or documentation of recovery from COVID-19 for aircraft passengers traveling to the United States from the People's Republic of China, including the Special Administrative Regions of Hong Kong and Macau.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15724-15725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05305]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Rescission of the Requirements for Negative Pre-Departure COVID-
19 Test Result or Documentation of Recovery From COVID-19 for Aircraft
Passengers Traveling to the United States From the People's Republic of
China
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), within
the Department of Health and Human Services (HHS), announces the
rescission of the Order requiring negative pre-departure COVID-19 test
result or documentation of recovery from COVID-19 for aircraft
passengers traveling to the United States from the People's Republic of
China, including the Special Administrative Regions of Hong Kong and
Macau.
DATES: This Order was effective March 10, 2023.
FOR FURTHER INFORMATION CONTACT: Candice Swartwood, Division of Global
Migration and Quarantine, Centers for Disease Control and Prevention,
1600 Clifton Road NE, MS H16-4, Atlanta, GA 30329. Telephone: 404-639-
8897; Email: <a href="/cdn-cgi/l/email-protection#2145464c50514e4d4842584e4747484244614245420f464e57"><span class="__cf_email__" data-cfemail="c6a2a1abb7b6a9aaafa5bfa9a0a0afa5a386a5a2a5e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 30, 2022, CDC issued an Order
titled, ``Requirements for Negative Pre-Departure COVID-19 Test Results
or Documentation of Recovery from COVID-19 for Aircraft Passengers
Traveling to the United States From the People's Republic of China''
(88 FR 864). Beginning on January 5, 2023, all air passengers 2 years
of age and older traveling to the United States from China, Hong Kong,
or Macau have been required to get a COVID-19 viral test no more than 2
days before their flight and show their negative result or show proof
of documentation of having recovered from COVID-19 in the past 90 days,
to the airline before boarding the aircraft. The requirement also
applied to passengers who have been in China, Hong Kong, or Macau in
the past 10 days and are traveling to the United States from one of the
following airports: Incheon International Airport (ICN) in Seoul, South
Korea; Toronto Pearson International Airport (YYZ) in Canada; and
Vancouver International Airport (YVR) in Canada (referred to as
Designated Airports).
[[Page 15725]]
The Order was issued as a public health measure to protect U.S.
citizens and communities as the United States worked to both identify
the size of the surge and gain better insights into the COVID-19
variants that were circulating.
This Order rescinds the requirement for negative pre-departure
COVID-19 test results or documentation of recovery from COVID-19 for
aircraft passengers traveling to the United States from the People's
Republic of China, that went into effect on January 5, 2023.
A copy of the Order is provided below, and a copy of the signed
Order can be found at Order: Requirements for Negative Pre-Departure
COVID-19 Test Result or Documentation of Recovery from COVID-19 for
Aircraft Passengers Traveling to the United States from the People's
Republic of China [verbar] Quarantine [verbar] CDC.
Centers for Disease Control and Prevention (CDC) Department of Health
and Human Services (HHS) Notice and 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)
Rescission of the Requirements for Negative Pre-departure COVID-19 Test
Result or Documentation of Recovery From COVID-19 for Aircraft
Passengers Traveling to the United States From the People's Republic of
China (PRC)
Summary and Action
On December 30, 2022, the Centers for Disease Control and
Prevention (CDC), located within the U.S. Department of Health and
Human Services (HHS), issued an Order (Order) under 42 CFR 71.20 and
71.31(b) to prohibit the boarding of passengers 2 years of age or older
on an itinerary that included the United States on:
<bullet> any aircraft departing from the PRC, including the Special
Administrative Regions of Hong Kong and Macau; or
<bullet> any aircraft departing from a Designated Airport if the
passenger had been in the PRC within the ten (10) days prior to their
departure for the United States,
unless the passenger presented paper or digital documentation of a
negative result for a COVID-19 viral test taken no more than 2 calendar
days before the departure of the flight or Documentation of Recovery
from COVID-19. Designated Airports included Incheon International
Airport (ICN) in Seoul, Republic of Korea; Toronto Pearson
International Airport (YYZ) in Canada; and Vancouver International
Airport (YVR) in Canada.
The Order was issued in response to concerns that COVID-19 cases
were surging in the PRC. At that time, mitigation measures were largely
not known to be in use in the PRC, and there were significant gaps in
data and information on cases, hospitalizations, and deaths.
Furthermore, the PRC had shared little genomic sequencing data and
there were concerns that any new virus variants may have been
undetected. Therefore, CDC concluded that the Order was a reasonable
and necessary measure in light of the surging cases in the PRC and gaps
in information concerning the status of COVID-19 in the PRC.
Current available epidemiologic data through global datasets and
modeling results indicate that the COVID-19 surge experienced by the
PRC has returned to a baseline level. According to World Health
Organization data, daily cases peaked at 7 million cases per day on
December 23, 2022, then declined 99% by January 24, 2023, leveling off
around 20,000 cases per day from January 24 through February 21, 2023.
In addition, no variants of concern have been identified as
emerging from the PRC at this time. According to genomic sequence data
available through GISAID,\1\ among six PRC-specific lineages identified
to date, all were derivatives of the BA.5 lineages that are circulating
globally and did not carry additional spike mutations known to cause
immune escape beyond those already found in BA.5.
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\1\ GISAID Initiative, <a href="https://gisaid.org">https://gisaid.org</a>.
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This data is supported by information from CDC's Traveler-based
Genomic Surveillance (TGS) program,\2\ which CDC began expanding in
December 2022 and has proven effective in filling gaps in global SARS-
CoV-2 variant surveillance. Between December 5, 2022 and February 26,
2023, 5,621 travelers from the PRC and surrounding transit hubs
volunteered to participate in TGS. No new COVID-19 sequences were
identified among travelers from the PRC to the United States.
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\2\ Centers for Disease Control and Prevention, Traveler-Based
Genomic Surveillance for Early Detection of New SARS-CoV-2 Variants
(last reviewed Feb. 8, 2023). Available at <a href="https://wwwnc.cdc.gov/travel/page/travel-genomic-surveillance">https://wwwnc.cdc.gov/travel/page/travel-genomic-surveillance</a>.
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CDC, in coordination with other federal agencies, will continue to
monitor travel patterns between the PRC and the United States and
adjust its approach as needed based on the latest science, virus
variants, and the evolving state of COVID-19. 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.
Action
Therefore, based on these considerations, I have concluded that the
continuation of the Order is not currently necessary.\3\ There being no
operational need to delay implementation of this rescission, it shall
take effect immediately for all air passengers with an itinerary that
includes the United States that are boarding any aircraft departing
from the PRC, including the Special Administrative Regions of Hong Kong
and Macau, or any aircraft departing from a Designated Airport if the
passenger has been in the PRC within the ten (10) days prior to their
departure for the United States.
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\3\ This Rescission 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 for good cause.
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, if this Order qualifies as
a major rule 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 is effective at 3 p.m. EST (8 p.m. GMT) on March
10, 2023.
Dated: March 10, 2023.
Kathryn L. Wolff,
Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2023-05305 Filed 3-10-23; 4:15 pm]
BILLING CODE 4163-18-P
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