Notice2023-10276
Notice of End to Requirement for Air Passengers To Provide Proof of COVID-19 Vaccination Before Boarding a Flight to the United States
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 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 that CDC's Amended Order: Implementing Presidential Proclamation on Safe Resumption of Global Travel During the COVID-19 Pandemic no longer will be in effect beginning at 12:01 a.m. eastern daylight time on May 12, 2023. Consequently, noncitizen, nonimmigrant air passengers will no longer be required to show proof of being fully vaccinated with an accepted COVID-19 vaccine before boarding a flight to the United States.
Full Text
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<title>Federal Register, Volume 88 Issue 92 (Friday, May 12, 2023)</title>
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[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30749-30750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10276]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Notice of End to Requirement for Air Passengers To Provide Proof
of COVID-19 Vaccination Before Boarding a Flight to the United States
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 that CDC's
Amended Order: Implementing Presidential Proclamation on Safe
Resumption of Global Travel During the COVID-19 Pandemic no longer will
be in effect beginning at 12:01 a.m. eastern daylight time on May 12,
2023. Consequently, noncitizen, nonimmigrant air passengers will no
longer be required to show proof of being fully vaccinated with an
accepted COVID-19 vaccine before boarding a flight to the United
States.
DATES: Starting at 12:01 a.m. Eastern Daylight Time on May 12, 2023,
noncitizen, nonimmigrant air passengers will no longer need to show
proof of being fully vaccinated with an accepted COVID-19 vaccine to
board a flight to the United States.
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: 1-800-
232-4636.
SUPPLEMENTARY INFORMATION: Proclamation 10294 of October 25, 2021,
suspended, subject to certain exceptions, the entry of nonimmigrant
noncitizens into the United States by air travel without full
vaccination for COVID-19. Section 4 of the Proclamation directed CDC to
implement the Proclamation as it applies to public health. Pursuant to
that direction, CDC issued an order on October 30, 2021, and an amended
order on April 4, 2022, implementing the Proclamation.
On May 9, 2023, the President issued a Proclamation revoking
Proclamation 10294's vaccination requirement for noncitizen
nonimmigrants entering the United States by air travel, effective at
12:01 a.m. eastern daylight time on May 12, 2023. The Proclamation
explained that, considering progress in public health and based on the
latest guidance from public health experts, international air travel
restrictions imposed in October 2021 were no longer necessary.
[[Page 30750]]
Pursuant to the May 9, 2023, Proclamation, and the President's
revocation of the vaccination requirements contained in Proclamation
10294, CDC has reviewed its Amended Order Implementing Presidential
Proclamation on Safe Resumption of Global Travel During the COVID-19
Pandemic and has determined that termination of this Amended Order is
warranted. CDC's Amended Order, which implemented Proclamation 10294's
vaccination requirements, is terminated and no longer remains in effect
as of 12:01 a.m. eastern daylight time on May 12, 2023.
This means that as of 12:01 a.m. eastern daylight time on May 12,
2023, noncitizen, nonimmigrant air passengers no longer need to show
proof of being fully vaccinated with an accepted COVID-19 vaccine to
board a flight to the United States.\1\
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\1\ This Notice, like CDC's April 2022 Amended Order that no
longer will be in effect as of 12:01 a.m. eastern daylight time on
May 12, is not a substantive rule within the meaning of the
Administrative Procedure Act (APA) because it implements the
President's revocation of the vaccination requirements contained in
the October 2021 Proclamation (which in turn was the basis for the
CDC's Amended Order). In any event, the APA's requirement of a 30-
day delay in the effective date of certain ``substantive rule[s],''
5 U.S.C. 553(d), would not apply to this notice, as this notice
``relieves a restriction'' contained in the Amended Order, id.
Section 553(d)(1). Independently, were the APA applicable, CDC finds
good cause for its termination of the April 2022 Amended Order to
take effect at 12:01 a.m. on May 12, 2023, which coincides with the
end of the COVID-19 public health emergency, given the latest public
health conditions and the latest guidance from public health
experts. See 5 U.S.C. 553(b), (d).
Kathryn L. Wolff,
Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2023-10276 Filed 5-10-23; 11:15 am]
BILLING CODE 4163-18-P
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</html>Indexed from Federal Register on May 12, 2023.
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