[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36129-36131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected].

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 https://www.cdc.gov/quarantine/pdf/rescission-global-testing-order-p.pdf.pdf.

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, https://www.cdc.gov/coronavirus/2019-ncov/downloads/science/Scientific-Rationale-summary_COVID-19-Community-Levels_2022.02.23.pptx (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, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/work.html (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: http://dx.doi.org/10.15585/mmwr.mm7104e3 (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, https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-onedose-pop-5yr (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, https://www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/index.html (June 3, 2022).
    \6\ COVID-19 Vaccine Boosters, Centers for Disease Control and 
Prevention, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/booster-shot.html#second-booster (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, https://www.whitehouse.gov/wp-content/uploads/2022/03/NAT-COVID-19-PREPAREDNESS-PLAN.pdf (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, https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization#coviddrugs (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, 
https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-authorizes-first-oral-antiviral-treatment-covid-19 (Dec. 22, 2021).
    \8\ Science Brief: Indicators for Monitoring COVID-19 Community 
Levels and Making Public Health Recommendations, Centers for Disease 
Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/indicators-monitoring-community-levels.html 
(updated Mar. 4, 2022); Nationwide COVID-19 Infection- and 
Vaccination-Induced Antibody Seroprevalence (Blood donations), 
Centers for Disease Control and Prevention, https://covid.cdc.gov/covid-data-tracker/#nationwide-blood-donor-seroprevalence (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