Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices 6331 

FOR FURTHER INFORMATION CONTACT: Jock 

K. Chung, Attorney, Division of 

Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 

Mail Code CC–9528, 600 Pennsylvania 

Ave. NW, Washington, DC 20580, (202) 

326–2984. 

SUPPLEMENTARY INFORMATION: 

Title: Amplifier Rule, 16 CFR part 

432. 

OMB Control Number: 3084–0105. 

Type of Review: Extension of a 

currently approved collection. 

Estimated Annual Hours of Burden: 

450 hours (300 testing-related hours; 

150 disclosure-related hours). 

Likely Respondents and Estimated 

Burden: 

(a) Testing—High fidelity 

manufacturers—300 new products/year 

× 1 hour each = 300 hours; and 

(b) Disclosures—High fidelity 

manufacturers—[(300 new products/ 

year × 1 specification sheet) + (300 new 

products/year × 1 brochure)] × 15 

minutes per specification sheet or 

brochure = 150 hours. 

Frequency of Response: Periodic. 

Estimated Annual Labor Cost: $26,130 

per year ($15,897 for testing + $10,233 

for disclosures). 

Abstract: The Amplifier Rule assists 

consumers by standardizing the 

measurement and disclosure of power 

output and other performance 

characteristics of amplifiers in stereos 

and other home entertainment 

equipment. The Rule also specifies the 

test conditions necessary to make the 

disclosures that the Rule requires. 

Request for Comment 

On November 2, 2020, the FTC sought 

public comment on the information 

collection requirements associated with 

the Rule. 85 FR 69331. The Commission 

received no germane comments. 

Pursuant to the OMB regulations, 5 CFR 

part 1320, that implement the PRA, 44 

U.S.C. 3501 et seq., the FTC is providing 

this second opportunity for public 

comment while seeking OMB approval 

to renew the pre-existing clearance for 

the Rule. 

Your comment—including your name 

and your state—will be placed on the 

public record of this proceeding. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, such as anyone’s Social 

Security number; date of birth; driver’s 

license number or other state 

identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure that your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided by Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Josephine Liu, 

Assistant General Counsel for Legal Counsel. 

[FR Doc. 2021–01156 Filed 1–19–21; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Requirement for Negative PreDeparture 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 of agency order. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC), located 

within the Department of Health and 

Human Services (HHS) announces an 

Agency Order requiring negative predeparture COVID–19 test results or 

documentation of recovery from 

COVID–19 for all airline or other aircraft 

passengers arriving into the United 

States from any foreign country. 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 is effective January 

26, 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. Email: dgmqpolicyoffice@

cdc.gov. 

SUPPLEMENTARY INFORMATION: This 

Notice and Order prohibit the 

introduction into the United States of 

any aircraft passenger departing from 

any foreign country unless the 

passenger: (1) Has a negative predeparture test result for SARS–CoV–2, 

the virus that causes COVID–19 

(Qualifying Test); or (2) written or 

electronic documentation of recovery 

from COVID–19 after previous SARS– 

CoV–2 infection in the form of a 

positive viral test result and a letter 

from a licensed health care provider or 

public health official stating that the 

passenger has been cleared for travel 

(Documentation of Recovery). The 

negative pre-departure test must be a 

viral test that was conducted on a 

specimen collected during the 3 

calendar days preceding the flight’s 

departure from a foreign country 

(Qualifying Test). Alternatively, if the 

passenger has recovered from COVID– 

19, the passenger may instead travel 

with written or electronic 

documentation of a positive viral test 

result that confirms previous SARS– 

CoV–2 infection and a letter from a 

licensed health care provider or public 

health official stating that the passenger 

has been cleared for travel 

(Documentation of Recovery). A 

passenger must retain written or 

electronic documentation reflecting the 

negative Qualifying Test result or 

Documentation of Recovery presented to 

the airline or other aircraft operator. A 

passenger must also produce such 

Qualifying Test result or Documentation 

of Recovery upon request to any U.S. 

government official or a cooperating 

state or local public health authority. 

This Notice and Order constitute a 

controlled free pratique to any airline or 

other aircraft operator with an aircraft 

arriving into the United States. Pursuant 

to this controlled free pratique, the 

airline or other aircraft operator must 

comply with the following conditions to 

receive permission for the aircraft to 

enter and disembark passengers in the 

United States: 

• Airline or other aircraft operator 

must verify that every passenger—2 

years of age or older—onboard the 

aircraft has attested to receiving a 

negative Qualifying Test result or to 

having recovered from COVID–19 after 

previous SARS–CoV–2 infection and 

being cleared to travel by a licensed 

health care provider or public health 

official. 

• Airline or other aircraft operator 

must confirm that every passenger 


jbell on DSKJLSW7X2PROD with NOTICES
6332 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices 

1This Order supersedes the previous order signed 

by the U.S. Centers for Disease Control and 

Prevention (CDC) Director on December 25, 2020, 

requiring a negative pre-departure COVID–19 test 

result for all airline passengers arriving into the 

United States from the United Kingdom. 

2CDC encourages airline or aircraft operator to 

incorporate the attestation into paperless check-in 

processes. Airline or aircraft operator may use a 

third party (including a third-party application) to 

collect attestations, including to provide 

translations. But airline or aircraft operator has sole 

legal responsibility to provide and collect 

attestations, to ensure the accuracy of any 

translation, and to comply with all other obligations 

under this Order. Airline or aircraft operator is 

responsible for any failure of a third party to 

comply with this Order. Airline or aircraft operator 

may not shift any legal responsibility to a third 

party. 

onboard the aircraft has documentation 

of a negative Qualifying Test result or 

Documentation of Recovery from 

COVID–19. 

This Order establishes requirements 

for (1) airlines arriving into the United 

States from any foreign country and (2) 

passengers departing any foreign 

country 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/fr-proofnegative-test.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 PreDeparture 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 1

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 aircraft 

passenger departing from any foreign 

country unless the passenger: (1) Has a 

negative pre-departure test result for 

SARS–CoV–2, the virus that causes 

COVID–19 (Qualifying Test); or (2) 

written or electronic documentation of 

recovery from COVID–19 after previous 

SARS–CoV–2 infection in the form of a 

positive viral test result and a letter 

from a licensed health care provider or 

public health official stating that the 

passenger has been cleared for travel 

(Documentation of Recovery). 

The negative pre-departure test must 

be a viral test that was conducted on a 

specimen collected during the 3 

calendar days preceding the flight’s 

departure from a foreign country 

(Qualifying Test). Alternatively, if the 

passenger has recovered from COVID– 

19, the passenger may instead travel 

with written or electronic 

documentation of a positive viral test 

result that confirms previous SARS– 

CoV–2 infection and a letter from a 

licensed health care provider or public 

health official stating that the passenger 

has been cleared for travel 

(Documentation of Recovery). A 

passenger must retain written or 

electronic documentation reflecting the 

negative Qualifying Test result or 

Documentation of Recovery presented to 

the airline or other aircraft operator. A 

passenger must also produce such 

Qualifying Test result or Documentation 

of Recovery 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 constitute a controlled free 

pratique to any airline or other aircraft 

operator with an aircraft arriving into 

the United States. Pursuant to this 

controlled free pratique, the airline or 

other aircraft operator must comply 

with the following conditions to receive 

permission for the aircraft to enter and 

disembark passengers in the United 

States: 

• Airline or other aircraft operator 

must verify that every passenger—2 

years of age or older—onboard the 

aircraft has attested to receiving a 

negative Qualifying Test result or to 

having recovered from COVID–19 after 

previous SARS–CoV–2 infection and 

being cleared to travel by a licensed 

health care provider or public health 

official. 

• Airline or other aircraft operator 

must confirm that every passenger 

onboard the aircraft has documentation 

of a negative Qualifying Test result or 

Documentation of Recovery from 

COVID–19. 

Statement of Intent 

This Order shall be interpreted and 

implemented to achieve the following 

paramount objectives: 

• Preservation of human life; 

• Preventing the further introduction, 

transmission, and spread of the virus 

that causes COVID–19 into the United 

States, including new virus variants; 

• Preserving the health and safety of 

crew members, passengers, airport 

personnel, and communities; and 

• Preserving hospital, healthcare, and 

emergency response resources within 

the United States. 

Definitions 

Aircraft shall have the same definition 

as under 42 U.S.C. 40102(a)(6). 

‘‘Aircraft’’ includes, but is not limited 

to, commercial, general aviation, and 

private aircraft destined for the United 

States from a foreign country. 

Aircraft Operator means an individual 

or organization causing or authorizing 

the operation of an aircraft. 

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. 

1001.2

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 negative 

Qualifying Test result match the 

personal identifiers on the passenger’s 

passport or other travel documents; 

(2) if the passenger is arriving on a 

direct flight to the United States, the 

specimen was collected within the 3 

calendar days preceding the flight’s 

departure; 

(3) if the passenger is arriving via one 

or more connecting flights, the 

specimen was collected within the 3 

calendar days preceding the departure 

of the initial flight but only if 

a. The connecting flights were booked 

as a single passenger record with a 

destination in the United States, 

b. each connection is no longer than 

24 hours, and 

c. the airline or aircraft operator has 

instructed the passenger to comply— 

and uses reasonable efforts to facilitate 

compliance—with the safety protocols 

set forth in Runway to Recovery 1.1, 

December 21, 2020, available at https:// 

www.transportation.gov/briefing-room/ 

runway-recovery-11, during such 

connection(s); 

(4) the test performed was a viral test 

(as defined below); and 

(5) the test result states ‘‘NEGATIVE,’’ 

‘‘SARS–CoV–2 RNA NOT DETECTED,’’ 

‘‘SARS–CoV–2 ANTIGEN NOT 

DETECTED,’’ or ‘‘COVID–19 NOT 

DETECTED.’’ A test marked ‘‘invalid’’ is 

not acceptable. 

Confirm that a passenger alternatively 

has written or electronic documentation 

of recovery from COVID–19 means 

confirmation that: 

(1) The passenger has presented 

documentation of a positive test result 

and a signed letter on official letterhead 

that contains the name, address, and 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices 6333 

3Health care providers and public health officials 

should follow CDC guidance in clearing patients for 

travel to the United States. Applicable guidance is 

available at https://www.cdc.gov/coronavirus/2019- 

ncov/hcp/disposition-in-home-patients.html. 

4https://www.faa.gov/other_visit/aviation_

industry/airline_operators/airline_safety/safo/all_

safos/media/2020/SAFO20009.pdf. Airlines, 

aircraft operators, and their crew members may 

follow even stricter protocols for safety, including 

testing protocols. 

5Based on the rapidly evolving status of 

laboratory testing capacity in foreign countries, CDC 

has determined that 14 days, subject to renewal, is 

an appropriate length of time to allow for a waiver. 

6https://www.gov.uk/government/news/pheinvestigating-a-novel-variant-of-covid-19. 

7https://www.ecdc.europa.eu/en/publicationsdata/threat-assessment-brief-rapid-increase-sarscov-2-variant-united-kingdom. 

phone number of a licensed healthcare 

provider or public health official stating 

that the passenger has been cleared for 

travel; 3

(2) the positive test result occurred 

within the last three months (90 days) 

preceding the passenger’s flight to the 

United States, or at such other intervals 

as specified in CDC guidance; 

(3) the personal identifiers (e.g., name 

and date of birth) on the positive test 

result and signed letter match the 

personal identifiers on the passenger’s 

passport or other travel documents; 

(4) the test performed was a viral test 

(as defined below); and 

(5) the test result states ‘‘POSITIVE,’’ 

‘‘SARS–CoV–2 RNA DETECTED,’’ 

‘‘SARS–CoV–2 ANTIGEN DETECTED,’’ 

or ‘‘COVID–19 DETECTED.’’ A test 

marked ‘‘invalid’’ is not acceptable. 

Foreign country means anywhere that 

is not a state, territory, or possession of 

the United States. 

Negative Pre-departure Test Result for 

COVID–19 or negative Qualifying Test 

result means documentation of a 

negative COVID–19 test taken within 

the 3 calendar days preceding a flight’s 

departure. Such documentation may be 

in paper or electronic format as required 

by this Order. Testing must be 

performed using a viral test. The 

documentation must also include 

sufficient verification information— 

such as the name and contact 

information for the laboratory or 

healthcare personnel who performed the 

test. 

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. 

United States has the same meaning 

as ‘‘State’’ and ‘‘U.S. Territory’’ in 42 

CFR 71.1(b). 

Exemptions 

The following categories of 

individuals and organizations are 

exempt from the requirements of this 

Order: 

• Crew members of airlines or other 

aircraft operators 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).4

• Airlines or other aircraft operators 

transporting passengers with COVID–19 

pursuant to CDC authorization and in 

accordance with CDC guidance. 

• Federal law enforcement personnel 

while on official duty and carrying out 

a law enforcement function and 

members of the U.S. military (including 

aircraft operators), when traveling under 

competent orders—provided that the 

authority ordering the travel requires 

precautions to prevent the possible 

transmission of infection to others 

during the travel period in accordance 

with CDC guidance. 

• Airlines or other aircraft operators 

granted specific waivers from the 

application of this Order based on 

CDC’s determination that a foreign 

country lacks available SARS–CoV–2 

testing capacity. Such waivers may be 

granted based on a specific request 

made by an airline or aircraft operator 

to the CDC and will be limited to 14 

days unless renewed by CDC.5

Background 

The COVID–19 pandemic has spread 

throughout the world. Individuals who 

travel may be at risk for exposure to 

SARS–CoV–2 before, during, and after 

travel. This could result in U.S.-bound 

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 United 

Kingdom (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.6 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 (R0) by 0.4–0.7 or 

greater with an estimated increased 

transmissibility of up to 70 percent.7

On December 19, 2020, in response to 

the emergence of the UK variant, the 

countries comprising the UK announced 

stricter measures to be applied from 

December 20 and over the coming 

weeks, with affected areas entering 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 

temporarily halted flight and train travel 

from the UK. Other countries took 

similar measures to restrict travel from 

the UK. 

A second new variant of SARS–CoV– 

2 was reported in the Republic of South 

Africa (RSA) on December 18, 2020, that 

also appears to spread more rapidly 

than earlier variants of the virus. The 

RSA variant is distinct from the UK 

variant but shares a mutation in the 

spike protein that appears to increase 

transmissibility. Since being identified, 

the new variant has spread inland from 

coastal regions of RSA and has become 

the predominant variant in some areas 

of the country. 

During December 21–26, 2020, several 

countries implemented restrictions on 

travel from South Africa, including 

China, El Salvador, Germany, 

Guatemala, Israel, Panama, Sudan, 

Switzerland, Turkey, and the UK. The 

Netherlands imposed a ban on travel 

from RSA on December 21 but lifted the 

ban for both the UK and RSA on 

December 23, stating that travelers will 

instead need to present a negative 

COVID–19 test result obtained within 72 

hours of their scheduled arrival in the 

Netherlands, followed by 10 days of 

self-quarantine. On December 28, Japan 

imposed a ban on entry of all foreign 

nationals through the end of January 

2021. On December 28, the Government 

of South Africa announced new 

restrictions on businesses and public 

movement. As of January 7, 2021, 

Canada requires air passengers 5 years 

of age or older to test negative for 

COVID–19 before arrival. On January 8, 

the United Kingdom announced a predeparture testing requirement for all 

inbound international travelers with 

limited exceptions; a 10-day post-arrival 

quarantine will still be required. 

On December 25, 2020, CDC issued an 

Order requiring proof of a negative 

Qualifying Test result for all airline 

passengers arriving from the UK to the 

United States. Since then, cases of the 

UK and RSA variants have been 

discovered in four Canadian provinces, 

including in individuals with no travel 

history indicating spread in Canada. 


jbell on DSKJLSW7X2PROD with NOTICES
6334 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices 

8Runway to Recovery 1.1, December 21, 2020, 

available at https://www.transportation.gov/ 

briefing-room/runway-recovery-11. 

9https://www.cdc.gov/coronavirus/2019-ncov/ 

travelers/testing-air-travel.html. 

10 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. 

11https://www.cdc.gov/coronavirus/2019-ncov/ 

hcp/duration-isolation.html. 

12https://www.cdc.gov/coronavirus/2019-ncov/ 

travelers/after-travel-precautions.html. 

The UK variant has also been found in 

at least 50 countries and the RSA 

variant has also been detected in at least 

15 countries. The first case of the UK 

variant in the United States was found 

in Colorado on December 29, in an 

individual with no known travel 

history. On December 30, a second case 

was reported in California. Since then, 

the UK variant strain has accounted for 

72 cases in 10 U.S. states. Another new 

variant strain of concern initially 

detected in South America in March 

2020 has been detected in at least 19 

countries on 5 continents through late 

December and has mutations in the 

spike protein that raise concerns of 

increased infectivity. 

While it is known and expected that 

viruses constantly change through 

mutation leading to the emergence of 

new variants, these new variants have 

emerged at a time when numbers of new 

cases in the United States have 

continued to increase at alarming rates. 

Additional new virus variants are also 

likely to emerge as the virus continues 

to evolve and mutate. Accordingly, 

further action is needed to help mitigate 

the spread of these and other new virus 

variants into the United States. 

Based on increased transmissibility 

and spread of these new variants of 

SARS–CoV–2, and to reduce 

introduction and spread of these and 

future SARS–CoV–2 variants into the 

United States, expanding current UK 

pre-departure testing requirements to all 

foreign countries and U.S.-bound 

passengers is warranted. This approach 

to testing-based risk assessment has 

been addressed in CDC guidance and 

the Runway to Recovery guidance 

jointly issued by the Departments of 

Transportation, Homeland Security, and 

Health and Human Services.8 Testing 

for SARS–CoV–2 infection is a proactive 

approach and not dependent on the 

infecting strain. Approximately 120 

countries now use testing in some form 

to monitor risk and control introduction 

and spread. With case counts and 

deaths due to COVID–19 continuing to 

increase around the globe and the high 

proportion of infected people with 

asymptomatic or pre-symptomatic 

infections, the United States must take 

a dual approach to combatting the virus. 

This means concurrently mitigating and 

slowing the introduction and spread of 

SARS–CoV–2 and controlling 

transmission within U.S. communities 

that are currently being overwhelmed by 

a surge in infections, hospitalizations, 

and deaths. 

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 9 before departure for 

international travelers, particularly 

those traveling long distances or passing 

through transportation hubs such as 

airports where social distancing may be 

challenging. CDC modeling indicates 

that pre-departure testing is most 

effective when combined with selfmonitoring.10 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. 

For persons previously diagnosed 

with COVID–19 who remain 

asymptomatic after recovery, CDC does 

not recommended retesting within 3 

months after the date of symptom onset 

(or the date of first positive viral 

diagnostic test if their infection was 

asymptomatic) for the initial SARS– 

CoV–2 infection.11 Persons who develop 

any symptoms of COVID–19 during this 

time period should not travel and seek 

care for testing and evaluation. This 

guidance may be updated as additional 

information about people who have 

recovered from COVID–19 becomes 

available. 

Pre-departure testing does not 

eliminate all risk. However, when predeparture 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, in 

transportation hubs, and at destinations. 

For international air travelers and others 

with higher risk of exposure, CDC 

additionally recommends a post-arrival 

test 3–5 days after arrival at destination, 

combined with self-monitoring and a 7- 

day period of staying home (or in a 

comparable location such as a hotel 

room) to further reduce the risk of 

translocating the virus into destination 

communities.12

As cases of COVID–19 continue to rise 

across the globe and travel volume 

increases, routine pre-departure testing 

of all U.S.-bound aircraft passengers is 

needed not only to reduce introduction 

of the two known SARS–CoV–2 variants 

from UK and RSA, but also future 

variants that might be more 

transmissible and cause more severe 

illness. 

Action 

For these reasons, I hereby determine 

that passengers covered by this Order 

are at risk of transmitting the new 

SARS–CoV–2 virus variants or other 

potential variants and that requiring 

such passengers to demonstrate either 

negative COVID–19 test results or 

recovery from COVID–19 after previous 

SARS–CoV–2 infection is needed as a 

public health measure to protect the 

health of fellow travelers and U.S. 

communities. 

1. Requirements for Airlines & Other 

Aircraft Operators 

Any airline or other aircraft operator 

with passengers arriving into the United 

States from a foreign country, for each 

passenger onboard the aircraft arriving 

into the United States, shall— 

a. Verify that each passenger has 

attested to having received either a 

negative Qualifying Test result or to 

recovery from COVID–19 after previous 

SARS–CoV–2 infection and clearance to 

travel. Airlines or other aircraft 

operators 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 or 

Documentation of Recovery from 

COVID–19. 

c. Not board any passenger without 

verifying the attestation and confirming 

the documentation as set forth in 1.a–b. 

Any airline or other aircraft operator 

that fails to comply with section 1, 

‘‘Requirement for Airlines & Other 

Aircraft Operators,’’ 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 Aircraft Passengers 

Any aircraft passenger departing from 

any foreign country with a destination 

in the United States shall— 

(a) Provide an attestation to the CDC, 

through the airline or other aircraft 

operator, of having received a negative 

Qualifying Test result or of recovery 

from COVID–19 after previous SARS– 

CoV–2 infection and clearance to travel. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices 6335 

The attestation is attached to this order 

as Attachment A. Unless otherwise 

permitted by law, a parent or other 

authorized individual should 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 or Documentation 

of Recovery from COVID–19 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 Aircraft 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 

January 26, 2021 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) December 31, 

2021. 

Attachment A 

Passenger Disclosure and Attestation to 

the United States of America 

All airlines or other aircraft operators 

covered by the Order must provide the 

following disclosure to their passengers 

and collect the attestation prior to 

embarkation. 

Airline and Aircraft Operator Disclosure 

Requirement 

As required by United States federal 

law, all airlines or other aircraft 

operators must confirm either a negative 

COVID–19 test result or recovery from 

COVID–19 and clearance to travel 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 a 

foreign country and arriving in the 

United States. 

Each individual 2 years of age or older 

must provide a separate attestation. 

Unless otherwise permitted by law, a 

parent or other authorized individual 

should 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 or to having recovered from 

COVID–19 after previous SARS–CoV–2 

infection and being cleared to travel in 

order to board an aircraft departing from 

a foreign country and arriving in the 

United States. 

Check One of the Options That Applies 

[ ] 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. 

[ ] I attest that I have recovered from 

COVID–19 in the last 3 months (90 

days), or the time period specified in 

current CDC guidance, after having 

previously tested positive for SARS– 

CoV–2 and have been cleared for travel 

by a licensed healthcare provider or 

public health official. 

[ ] On behalf of [ll], I attest that 

such person has received a negative predeparture 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. 

[ ] On behalf of [ll], I attest that 

such person has recovered from COVID– 

19 in the last 3 months (90 days), or the 

time period specified in current CDC 

guidance, after having previously tested 

positive for SARS–CoV–2 and has been 

cleared for travel by a licensed 

healthcare provider or public health 

official. 

Date 

Privacy Act Statement 

The United States Centers for Disease 

Control and Prevention (CDC) requires 

airlines and other aircraft operators to 

collect this information pursuant to 42 

CFR 71.20 and 71.31(b), as authorized 

by 42 U.S.C. 264. Providing this 

information is mandatory for all 

passengers arriving by aircraft 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 Privacy Act of 1974, 5 U.S.C. 

552a, governs the collection and use of 

this information. 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 

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 


jbell on DSKJLSW7X2PROD with NOTICES
6336 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Notices 

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 

dgmqpolicyoffice@cdc.gov or by mailing 

Policy Office, 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). 

Dated: January 13, 2021. 

Nina B. Witkofsky, 

Acting Chief of Staff, Centers for Disease 

Control and Prevention. 

[FR Doc. 2021–01067 Filed 1–15–21; 4:15 pm] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Statement of Organization, Functions, 

and Delegations of Authority 

Part C (Centers for Disease Control 

and Prevention) of the Statement of 

Organization, Functions, and 

Delegations of Authority of the 

Department of Health and Human 

Services (45 FR 67772–76, dated 

October 14, 1980, and corrected at 45 FR 

69296, October 20, 1980, as amended 

most recently at 85 FR 70630–70633, 

dated November 5, 2020) is amended to 

reflect the reorganization of the National 

Center for HIV/AIDS, Viral Hepatitis, 

STD, and TB Prevention, Centers for 

Disease Control and Prevention. 

Section C–B, Organization and 

Functions, is hereby amended as 

follows: 

Delete in its entirety the title for the 

National Center for HIV/AIDS, Viral 

Hepatitis, STD, and TB Prevention (CVJ) 

and insert the following title National 

Center for HIV, Viral Hepatitis, STD, 

and TB Prevention (CVJ). 

Revise the mission statement for the 

National Center for HIV, Viral Hepatitis, 

STD, and TB Prevention (CVJ) and 

insert the following: 

National Center for HIV, Viral 

Hepatitis, STD, and TB Prevention 

(CVJ). The National Center for HIV, 

Viral Hepatitis, STD, and TB Prevention 

(NCHHSTP) maximizes public health 

and safety nationally and 

internationally through the elimination, 

prevention, and control of disease, 

disability, and death caused by Human 

Immunodeficiency Virus Infection 

(HIV), non-HIV retroviruses, viral 

hepatitis, other sexually transmitted 

diseases (STDs), and tuberculosis (TB). 

In carrying out its mission, NCHHSTP: 

(1) Builds capacity and enhances public 

health infrastructure for preventing and 

treating HIV, viral hepatitis, STDs, and 

TB; (2) coordinates activities and 

programs across CDC and with other 

Department of Health and Human 

Services Operating Divisions in order to 

maximize the public health impact of 

HIV, viral hepatitis, STDs, and TB 

interventions; (3) conducts surveillance 

and research to determine the 

distribution, determinants, and burden 

of HIV, viral hepatitis, STDs, and TB; (4) 

conducts program evaluation to improve 

programs and activities relating to the 

prevention of HIV, viral hepatitis, STDs, 

and TB, and determine their impact; (5) 

provides reference laboratory and 

clinical diagnostic services for HIV, 

viral hepatitis, STDs, and TB to relevant 

stakeholders; (6) promotes collaboration 

and service integration among HIV, viral 

hepatitis, STDs, and TB programs; (7) 

engages external partners to develop 

and implement effective HIV, viral 

hepatitis, STDs, and TB policies, 

research, and programs; (8) engages 

partners, to promote health equity and 

reduce health disparities among those 

affected by HIV, viral hepatitis, STDs, 

and TB; (9) provides technical 

assistance and training in the diagnosis, 

treatment, and prevention of HIV, viral 

hepatitis, STDs, and TB; (10) conducts 

public health communication activities 

to disseminate research findings and 

increase awareness of HIV, viral 

hepatitis, STDs, and TB; (11) conducts 

operational, behavioral, and biomedical 

research to improve the distribution, 

diagnosis, prevention, and control of 

HIV, viral hepatitis, STDs, and TB; (12) 

provides scientific leadership regarding 

public health ethics and protection of 

human subjects linked to HIV, viral 

hepatitis, STDs, and TB; (13) translates 

research findings into public health 

practice and policy for HIV, viral 

hepatitis, STDs, and TB prevention; (14) 

plans, coordinates, and guides programs 

and activities with external partners, 

federal agencies, and other 

organizations related to HIV, viral 

hepatitis, STDs, and TB prevention, 

care, and treatment; (15) leads and 

participates in the development, 

implementation, and evaluation of 

policies and guidelines related to HIV, 

viral hepatitis, STDs, and TB; (16) 

provides scientific leadership regarding 

screening, treatment, immunization, and 

other prevention interventions relevant 

to HIV, viral hepatitis, STDs, and TB; 

(17) assures all public health decisions 

are based on the highest quality 

scientific data, openly and objectively 

derived; (18) provides leadership to 

assist international partners in 

establishing and maintaining, HIV, viral 

hepatitis, STDs, and TB screening, 

treatment, immunization, and other 

prevention and control programs; (19) 

ensures that programmatic and 

scientific activities are aligned with, and 

in support of, CDC’s overall mission, 

goals, and strategic imperatives; (20) 

allocates and tracks CDC resources and 

contributes to the development of CDC’s 

short-, medium- and long-term strategic 

plans for preventing the spread of HIV, 

viral hepatitis, STDs, and TB; (21) 

collaborates with other federal agencies, 

domestic and international 

governmental and non-governmental 

organizations to advance CDC and 

NCHHSTP health protection goals; and 

(22) coordinates oversight of the 

NCHHSTP Federal Advisory 

Committees. 

Delete in its entirety the titles and 

mission and function statement for the 

Office of the Director (CVJ1) and insert 

the following: 

Office of the Director (CVJ1). (1) 

Provides leadership and guidance on 

the development of goals and objectives, 

policies, program planning and 

development, and program management 

and operations of the activities of 

NCHHSTP and manages, directs, 

coordinates, and evaluates the center’s 

activities; (2) plans and coordinates the 

annual program planning process; (3) 

coordinates with Office of the Director 

(OD), Centers/Institute/Offices (CIOs), 

and divisions in determining and 

interpreting operating policy and in 

ensuring their respective management 

input for specific program activity 

plans; (4) facilitates closer linkages 

between HIV, non-HIV retroviruses, 

STDs, viral hepatitis, and TB, 

surveillance activities and prevention 

programs at all levels, and facilitates 

collaboration, integration, and multidisciplinary approaches to enhance the 

effectiveness of HIV, STD, viral 

hepatitis, and TB prevention programs; 

(5) facilitates collaboration among, and 

integration of, science and prevention 

programs throughout NCHHSTP and 

enhances the coordination and 

integration of HIV, STD, viral hepatitis, 

and TB prevention services for 

individuals and populations at 


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