[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86933-86936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28981]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Requirement for Negative Pre-Departure COVID-19 Test Result for 
All Airline Passengers Arriving Into the United States From the United 
Kingdom

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 U.S. Department of Health and Human Services (HHS), 
announces an Agency Order requiring negative pre-departure COVID-19 
test results for all airline passengers arriving into the United States 
from the United Kingdom (UK). This Order is issued to preserve human 
life; prevent the further introduction, transmission, and spread of the 
virus that causes COVID-19 into the United States, including new virus 
variants; preserve the health and safety of airline crew members, 
passengers, airport personnel, and communities; and preserve hospital, 
healthcare, and emergency response resources within the United States.

DATES: This Order was effective December 27, 2020 at 7:01 p.m. EST 
(12:01 a.m. December 28, 2020 GMT). See SUPPLEMENTARY INFORMATION for 
the conditions under which the Order will expire.

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: 
<a href="/cdn-cgi/l/email-protection#0662616b7776696a6f657f6960606f65634665626528616970"><span class="__cf_email__" data-cfemail="b5d1d2d8c4c5dad9dcd6ccdad3d3dcd6d0f5d6d1d69bd2dac3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On December 14, 2020, Public Health England 
announced that a new variant of SARS-CoV-2 had been identified across 
the southeast of England (i.e., Kent and the surrounding areas). While 
it is known and expected that viruses change through mutation leading 
to the emergence of new variants, preliminary analysis in the UK 
suggests that this SARS-CoV-2 variant may be more transmissible than 
previously circulating variants. Pre-departure testing may detect 
travelers infected with SARS-CoV-2 before they initiate their travel 
and may reduce the risk of transmission. Therefore, urgent efforts are 
needed to mitigate the potential spread of this new virus variant into 
the United States.
    This Order establishes requirements for (1) airlines arriving into 
the United States from the UK; and (2) passengers departing the United 
Kingdom with a final destination in the United States.
    A copy of the Order and Attachment A are provided below and a copy 
of the signed order can be found at https://www.cdc.gov/quarantine/testing-requirement-for-arriving-UK-air-travelers.html.

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)

Requirement for Negative Pre-Departure Covid-19 Test Result for All 
Airline Passengers Arriving Into the United States From the United 
Kingdom (UK)

Summary

    Pursuant to 42 CFR 71.20 and as set forth in greater detail below, 
this Notice and Order prohibit the introduction into the United States 
of any airline passenger departing from the UK unless the passenger has 
a negative pre-departure test result for COVID-19. The test must be a 
viral test that was conducted on a specimen collected during the 3 
calendar days preceding the flight's departure (Qualifying Test). 
Passengers must retain written or electronic documentation reflecting 
the negative Qualifying Test result presented to the airline and 
produce such results upon request to any U.S. government official or a 
cooperating state or local public health authority.
    Pursuant to 42 CFR 71.31(b) and as set forth in greater detail 
below, this Notice and Order constitutes a controlled free pratique to 
any airline with an aircraft arriving into the United States from the 
UK. Pursuant to the controlled free pratique, the airline must comply 
with the following conditions in order to receive permission for the 
aircraft to enter and disembark passengers in the United States:
    <bullet> Airline must verify that every passenger--2 years of age 
or older--onboard the flight has attested to having received a negative 
Qualifying Test result.
    <bullet> Airline must confirm that every passenger onboard the 
aircraft has documentation reflecting a negative Qualifying Test 
result.

Statement of Intent

    This Order shall be interpreted and implemented in a manner as to 
achieve the following paramount objectives:
    <bullet> Preservation of human life;
    <bullet> Preventing the further introduction, transmission, and 
spread of the virus that causes COVID-19 into the United States, 
including new virus variants;
    <bullet> Preserving the health and safety of airline crew members, 
passengers, airport personnel, and communities; and
    <bullet> Preserving hospital, healthcare, and emergency response 
resources within the United States.

Definitions

    Airline shall have the same definition as under 42 CFR 71.1(b).
    Attest/Attestation means having completed the attestation in 
Attachment A. Such attestation may be completed in written or 
electronic form. The attestation is a statement, writing, entry, or 
other representation under 18 U.S.C. 1001.
    Confirm that every passenger onboard the aircraft has documentation 
reflecting a negative Qualifying Test result means confirmation that:
    (1) The personal identifiers (e.g., name and date of birth) on the 
Qualifying Test result match the

[[Page 86934]]

personal identifiers on the passenger's passport or other travel 
documents;
    (2) the specimen was collected within 3 calendar days of the 
flight's departure;
    (3) the test performed was a viral test (as defined below); and
    (4) the test result states ``NEGATIVE,'' ``SARS-CoV-2 RNA NOT 
DETECTED,'' or ``SARS-CoV-2 ANTIGEN NOT DETECTED.''
    Negative Pre-departure Test Result for COVID-19 or negative 
Qualifying Test result means documentation of a negative COVID-19 test 
taken within 3 calendar days of a flight's departure. Such 
documentation may be in paper or electronic formats as required by this 
Order. Testing must be performed using a viral test. The documentation 
must include sufficient verification information--such as the name and 
contact information for the laboratory or healthcare personnel who 
performed the test.
    United Kingdom means the United Kingdom of Great Britain and 
Northern Ireland, commonly known as the United Kingdom and consisting 
of the countries of England, Scotland, Wales, and Northern Ireland.
    United States has the same meaning as in 42 CFR 71.1(b).
    Viral test means a viral detection test for current infection 
(i.e., a nucleic acid amplification test or a viral antigen test) 
approved or authorized by the relevant national authority for the 
detection of SARS-CoV-2.

Exemptions

    The following categories of individuals are exempt from the 
requirements of this Order:
    <bullet> Airline crew members provided that they follow industry 
standard protocols for the prevention of COVID-19 as set forth in 
relevant Safety Alerts for Operators (SAFOs) issued by the Federal 
Aviation Administration (FAA).\1\
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    \1\ https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2020/SAFO20009.pdf.
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    <bullet> Passengers who originate on flights outside the UK but 
connect through an airport in the UK on a transit flight with a 
connection time of no more than 24 hours.

Background

    The COVID-19 pandemic has spread throughout the world. Individuals 
who travel may be at risk for exposure to SARS-CoV-2, the virus that 
causes COVID-19, before, during, and after travel. This could result in 
travelers further spreading the virus to others during travel, upon 
arrival in the United States, and at their destinations.
    Over the last few weeks, the UK has faced a rapid increase in 
COVID-19 cases in South East England, leading to enhanced 
epidemiological and virological investigations. On December 14, 2020, 
Public Health England announced that a new variant of SARS-CoV-2 had 
been identified across the southeast of England (i.e., Kent and the 
surrounding areas).\2\
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    \2\ https://www.gov.uk/government/news/phe-investigating-a-novel-variant-of-covid-19.
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    While it is known and expected that viruses constantly change 
through mutation leading to the emergence of new variants, preliminary 
analysis in the UK suggests that this SARS-CoV-2 variant may be more 
transmissible than previously circulating variants, with an estimated 
potential to increase the reproductive number (R<INF>0</INF>) by 0.4 or 
greater with an estimated increased transmissibility of up to 70 
percent.\3\ This new variant has emerged at a time of the year when 
there has traditionally been increased family and social mixing, and 
travel.
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    \3\ https://www.ecdc.europa.eu/en/publications-data/threat-assessment-brief-rapid-increase-sars-cov-2-variant-united-kingdom.
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    On December 19, 2020, in response to the emergence of this new 
variant, the countries comprising the UK announced stricter measures to 
be applied from December 20 and over the coming weeks, with affected 
areas going into a `Tier 4' level with movement restrictions within and 
between more and less heavily affected areas. These measures have 
included recommendations for residents of the most affected areas to 
restrict movements and travel, including international travel, outside 
of these areas. The government of Scotland announced a travel ban 
between Scotland and the rest of the UK. In addition, the Netherlands 
issued a travel ban from the UK effective through January 1, 2021, and 
Belgium halted flight and train travel from the UK. Other countries 
have taken similar measures to restrict travel from the UK.\4\
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    \4\ On December 20, 2020, Austria, Belgium, Italy, Ireland, 
Germany, France, and the Netherlands announced travel bans from the 
United Kingdom. The measures vary in scope and generally are short-
term. The Republic of Ireland, Portugal, Latvia, Estonia, and Czech 
Republic also announced new travel restrictions, testing 
requirements, and quarantine rules. Bulgaria suspended flights to 
and from the UK until January 31, 2021, one of the longer bans 
announced. Greece issued new rules requiring a seven-day quarantine 
for travelers from the UK, rather than the current three-day period, 
starting December 21, 2020. Turkey has temporarily banned all 
flights from the UK, as has Switzerland.
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    On March 14, 2020, the United States issued a ``Proclamation on the 
Suspension of Entry as Immigrants and Nonimmigrants of Certain 
Additional Persons Who Pose a Risk of Transmitting Coronavirus'' 
applicable to the UK.\5\ While this suspension remains in place and has 
slowed the introduction of travelers into the United States from the 
UK, the suspension does not apply to U.S. persons and contains other 
exemptions for eligible travelers. Thus, urgent efforts are needed to 
mitigate the potential spread of this new virus variant into the United 
States.
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    \5\ https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus-2/.
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    Pre-departure testing may detect travelers infected with SARS-CoV-2 
before they initiate their travel. CDC recommends viral testing and 
receipt of results 1-3 days \6\ before departure for international 
travelers, particularly those traveling long distances or passing 
through transportation hubs such as airports where social distancing 
may be challenging. Such testing may reduce the risk of SARS-CoV-2 
transmission. Testing does not eliminate all risk, but when pre-
departure testing is combined with other measures such as self-
monitoring for symptoms of COVID-19, wearing masks, social distancing, 
and hand hygiene, it can make travel safer by reducing spread on 
conveyances and in transportation hubs.
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    \6\ https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-air-travel.html.
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    CDC modeling indicates that pre-departure testing is most effective 
when combined with self-monitoring.\7\ Testing before departure results 
in the greatest reduction of transmission risk during travel when the 
specimen is collected close to the time of departure. Earlier testing 
(i.e., more than 3 days before travel) provides little benefit beyond 
what self-monitoring alone can provide. Travel should be delayed (i.e., 
individuals should self-isolate) if symptoms develop or a pre-departure 
test result is positive.\8\
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    \7\ Johansson MA, Wolford H., Paul P., et al. Reducing travel-
related SARS-CoV-2 transmission with layered mitigation measures: 
Symptom monitoring, quarantine, and testing, available at https://www.medrxiv.org/content/10.1101/2020.11.23.20237412v1.
    \8\ https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/end-home-isolation.html.
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Action

    For these reasons, I hereby determine that passengers covered by 
this Order are at risk of transmitting the new SARS-CoV-2 virus variant 
and that requiring such passengers to demonstrate negative COVID-19 
test results is needed as a public health measure to protect the health 
of fellow travelers and U.S. communities.

[[Page 86935]]

1. Requirements for Airlines
    Any airline operating aircraft with passengers arriving into the 
United States from the UK, for each passenger onboard the aircraft 
arriving into the United States, shall--
    a. Verify that each passenger has attested to having received a 
negative Qualifying Test result. Airlines must retain a copy of each 
passenger attestation for 2 years. The attestation is attached to this 
order as Attachment A.
    b. Confirm that each passenger aged 2 years or older has 
documentation of a negative Qualifying Test result.
    c. Not board any passenger without verifying the attestation and 
confirming the documentation as set forth in 1.a-b.
    Any airline that fails to comply with section 1, ``Requirement for 
Airlines,'' 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. Requirements for Passengers
    Any passenger departing the UK with a final destination in the 
United States shall--
    (a) Provide an attestation to the Centers for Disease Control and 
Prevention, through the airline, of having received a negative 
Qualifying Test result. The attestation is attached to this order as 
Attachment A. A parent or other legal guardian must attest on behalf of 
a passenger aged 2 to 17 years. An authorized individual may attest on 
behalf to any passenger who is unable to attest on his or her own 
behalf (e.g., by reason of physical or mental impairment).
    (b) Retain a copy of the negative Qualifying Test result in his/her 
possession and present it for inspection to the airline and upon 
request by an agent of the U.S. government or a cooperating state or 
local public health authority.
    Any passenger who fails to comply with the requirements of section 
2, ``Requirements for Passengers,'' 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.
    CDC may modify this Order by an updated publication in the Federal 
Register or by posting an advisory to follow at www.cdc.gov.
    This Order shall be enforceable through the provisions of 18 U.S.C. 
3559, 3571; 42 U.S.C. 243, 268, 271; and 42 CFR 71.2.

Effective Date

    This Order shall enter into effect on Sunday, December 27, 2020 at 
7:01 p.m. (EST) (12:01 a.m. on Monday, December 28, 2020 (GMT)) and 
shall remain in effect until the earliest of (1) the expiration of the 
Secretary of Health and Human Services' declaration that COVID-19 
constitutes a public health emergency; (2) the CDC Director rescinds or 
modifies the order based on specific public health or other 
considerations; or (3) March 26, 2021.
Attachment A
Passenger Disclosure and Attestation to the United States of America
    All airlines covered by the Order must provide the following 
disclosure to passengers and collect the attestation prior to 
embarkation.
Airline Disclosure Requirement
    As required by United States federal law, all airlines are required 
to confirm a negative COVID-19 test result and collect a passenger 
attestation on behalf of the U.S. Centers for Disease Control and 
Prevention (CDC) for certain passengers on aircraft departing from the 
United Kingdom and arriving in the United States.
    Each individual 2 years of age or older must provide a separate 
attestation. A parent or other legal guardian must attest on behalf of 
a passenger aged 2 to 17 years. An individual may attest on behalf of 
another passenger for whom the individual is authorized to submit the 
required information (for example, immediate family member(s), legal 
guardian, or travel agent), if that person is unable to attest on his 
or her own behalf (e.g., because of physical or mental impairment).
    The information provided must be accurate and complete to the best 
of the individual's knowledge.
    Under United States federal law, each passenger must provide this 
attestation. Failure to provide this attestation, or submitting false 
or misleading information, could result in delay of travel, denial of 
boarding, denial of boarding on future travel, or put the passenger or 
other individuals at risk of harm, including serious bodily injury or 
death. Any passenger who fails to comply with these requirements may be 
subject to criminal penalties under, among others, 42 U.S.C. 271 and 42 
CFR 71.2, in conjunction with 18 U.S.C. 3559 and 3571. Willfully 
providing false or misleading information may lead to criminal fines 
and imprisonment under, among others, 18 U.S.C. 1001. Providing this 
information can help protect you, your friends and family, your 
communities, and the United States. CDC appreciates your cooperation.
Passenger Attestation Requirement
    I [name of passenger or authorized representative] have read the 
disclosure pertaining to my obligation to obtain a negative pre-
departure test result for COVID-19 in order to board an aircraft 
departing from the UK and arriving in the United States.
    [ ] I attest that I have received a negative pre-departure test 
result for COVID-19. The test was a viral test that was conducted on a 
specimen collected from me during the 3 calendar days preceding the 
flight's departure.
    [ ] On behalf of [___], I attest that such person has received a 
negative pre-departure test result for COVID-19. The test was a viral 
test that was conducted on a specimen collected from that person during 
the 3 calendar days preceding the flight's departure.

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Date

Privacy Act Statement

    The United States (U.S.) Centers for Disease Control and Prevention 
(CDC) requires airlines to collect this information pursuant to 42 CFR 
71.20, 71.31, and 71.32, as authorized by 42 U.S.C. 264. Providing this 
information is mandatory for all passengers arriving by air into the 
United States. Failure to provide this information may prevent you from 
boarding the plane. Additionally, passengers will be required to attest 
to providing complete and accurate information, and failure to do so 
may lead to other consequences, including criminal penalties. CDC will 
use this information to help prevent the introduction, transmission, 
and spread of communicable diseases by performing contact tracing 
investigations and notifying exposed individuals and public health 
authorities; and for health education, treatment, prophylaxis, or other 
appropriate public health interventions, including the implementation 
of travel restrictions.
    The collection and use of this information is governed by The 
Privacy Act of 1974, 5 U.S.C. 552a. The information maintained by CDC 
will be covered by CDC's System of Records No. 09-20-0171, Quarantine- 
and Traveler-Related Activities, Including Records for Contact Tracing 
Investigation and Notification under 42 CFR parts 70 and 71. See 72 FR 
70867 (Dec. 13, 2007), as amended by 76 FR 4485 (Jan. 25, 2011) and 83 
FR 6591 (Feb. 14, 2018). CDC will only disclose information from the 
system outside the CDC and the U.S. Department of Health and Human

[[Page 86936]]

Services as the Privacy Act permits, including in accordance with the 
routine uses published for this system in the Federal Register, and as 
authorized by law. Such lawful purposes may include but are not limited 
to sharing identifiable information with state and local public health 
departments, and other cooperating authorities. CDC and cooperating 
authorities will retain, use, delete, or otherwise destroy the 
designated information in accordance with federal law and the System of 
Records Notice (SORN) set forth above. You may contact the system 
manager at <a href="/cdn-cgi/l/email-protection#197d7e7468697675707a60767f7f707a7c597a7d7a377e766f"><span class="__cf_email__" data-cfemail="3652515b4746595a5f554f5950505f55537655525518515940">[email protected]</span></a>; Division of Global Migration and 
Quarantine, Centers for Disease Control and Prevention, 1600 Clifton 
Road NE, MS H16-4, Atlanta, GA 30329, if you have questions about CDC's 
use of your data.

Authority

    The authority for these orders is Sections 361 and 365 of the 
Public Health Service Act (42 U.S.C. 264) and 42 CFR 71.20 & 71.31(b).

Nina B. Witkofsky,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2020-28981 Filed 12-28-20; 4:15 pm]
BILLING CODE 4163-18-P


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