[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15724-15725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected].

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:
     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 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, https://gisaid.org.
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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 https://wwwnc.cdc.gov/travel/page/travel-genomic-surveillance.
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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