• Andrew Nappi

REQUIREMENT FOR AIRLINES AND OPERATORS TO COLLECT AND TRANSMIT DESIGNATED INFORMATION FOR PASSENGERS







1 ORDER OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION,

2 DEPARTMENT OF HEALTH AND HUMAN SERVICES

3

4 REQUIREMENT FOR AIRLINES AND OPERATORS TO COLLECT AND TRANSMIT

5 DESIGNATED INFORMATION FOR PASSENGERS AND CREW ARRIVING INTO

6 THE UNITED STATES; REQUIREMENT FOR PASSENGERS TO PROVIDE

7 DESIGNATED INFORMATION

8

9 UNDER 42 CFR 71.4, 71.20, 71.31, AND 71.32 AS AUTHORIZED BY 42 U.S.C. 264 AND

10 268

11

12 Attention:

13

14 • All airlines and operators conducting any passenger-carrying operations into the United

15 States from a foreign last point of departure.

16 • All passengers and crewmembers flying into, or transiting through, the United States

17 from a foreign last point of departure. 18

19 Introduction

20

21 The Director of the Centers for Disease Control and Prevention (CDC) (Director) is issuing this

22 Order (Order) to require all airlines and operators of flights arriving into the United States from a

23 foreign last point of departure to collect and/or maintain passenger and crewmember contact

24 information (“designated information”). These requirements also apply to flights with

25 intermediate stops in the United States between the flight’s foreign point of origin and the final

26 destination. 27

28 Airlines and operators are required to collect the five data elements from the interim final rule

29 (IFR)1 published on February 12, 2020, from passengers, to the extent they exist, and to maintain

30 additional data elements outlined in 42 CFR 71.4(b)2–to the extent that such data are already

31 available and maintained by the airline. The data elements from the IFR and the additional data

32 elements outlined in 42 CFR 71.4(b) make up the designated information referred to in this

33 Order. The designated information consists of full name, address while in the United States,

34 primary contact phone number, secondary or emergency contact phone number, email address,

35 date of birth, airline name, flight number, city of departure, departure date and time, city of

36 arrival, arrival date and time, and seat number. Airlines and operators are required to maintain

37 the designated information for crewmembers. 38

39 These data elements are necessary for identifying and locating passengers and crewmembers

40 who may have coronavirus disease 2019 (COVID-19) or may have been exposed to a person

41 with COVID-19 or another communicable disease of concern. Unless otherwise transmitted to

42 the U.S. Government via established U.S. Department of Homeland Security (DHS) data



1 https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign- quarantine

2 https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#p-71.4(b)

43 systems, airlines and operators are required to retain the designated information for 30 days and

44 transmit it within 24 hours of a request from CDC. The methods of transmission to the U.S.

45 Government, whether transmitted per the CDC technical instructions or whether via an

46 established DHS data system, must be made through approved secure electronic means. 47

48 Flights contracted by the U.S. Military services are exempt from this Order. Flights contracted

49 by other federal agencies may also be exempted by CDC on a case-by-case basis. Flights

50 designated as state aircraft under international law (1) by an appropriate United States federal

51 government department or agency, or (2) by a foreign government and granted diplomatic

52 clearance to enter U.S. airspace, are exempt from this Order. All exempt aircraft and persons

53 may voluntarily comply to aid the public health response. 54

55 CDC will issue additional operational guidance and technical instructions to airlines and

56 operators regarding the collection, retention, and transmission of the designated information.

57 CDC will maintain and use the designated information called for in this Order in accordance

58 with the Privacy Act of 1974 (5 U.S.C. 552a) and its applicable System of Records Notice.3

59

60 Background

61

62 The current COVID-19 pandemic has spread globally, including cases reported in all 50 States

63 within the United States, the District of Columbia, and U.S. territories. As of October 22, 2021,

64 there have been over 242,000,000 confirmed cases of COVID-19 globally resulting in over

65 4,900,000 deaths;4 more than 45,000,000 COVID-19 cases have been confirmed in the United

66 States as well as over 733,000 COVID-19 related deaths, with new cases being reported daily.5

67

68 In addition, genetic variants of SARS-CoV-2, the virus that causes COVID-19, have been

69 emerging and circulating around the world throughout the COVID-19 pandemic.6 There is

70 currently one variant of concern (Delta) circulating in the United States and ten other variants

71 being monitored.7 As of October 22, 2021, the Delta variant made up over 99.0% of new

72 COVID-19 cases in the United States.8 CDC is closely tracking and reporting variants of SARS-

73 CoV-2 around the world9 and is working with state and local health departments to establish and

74 expand sequencing capacity to identify, characterize, and report variants. 75

76 Some of the potential features and consequences of emerging variants are their ability to spread

77 more quickly in people, cause more severe effects in people, evade detection by specific viral

78 diagnostic tests, diminish the efficacy of therapeutic agents such as monoclonal antibodies, and

79 evade natural or vaccine-induced immunity.10 The Delta variant spreads faster than other variants




3 https://www.cdc.gov/sornnotice/09-20-0171.htm

4 https://covid19.who.int/

5 https://covid.cdc.gov/covid-data-tracker/#datatracker-home

6 https://www.cdc.gov/coronavirus/2019-ncov/variants/index.html

7 https://www.cdc.gov/coronavirus/2019-ncov/variants/variant-info.html

8 https://covid.cdc.gov/covid-data-tracker/#variant-proportions

9 https://covid.cdc.gov/covid-data-tracker/#global-variant-report-map

10 https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-emerging-variants.html

80 and may cause more severe illness in unvaccinated people than previous strains.11 COVID-19

81 vaccines protect people against severe illness, including disease caused by the Delta variant and

82 other variants circulating in the United States, decreasing the likelihood of hospitalization or

83 death due to COVID-19. Fully vaccinated people get COVID-19 less often than unvaccinated

84 people; however, people who are infected after being fully vaccinated can be contagious.12

85 Preventing the further importation and spread of SARS-CoV-2 variants of concern will require

86 rapid identification and notification of potentially infected or exposed travelers (passengers and

87 crew) so that they and their respective jurisdictional public health officials may take steps to

88 minimize exposure to others. 89

90 While vaccination is the most important tool for controlling the pandemic, public health

91 mitigation efforts, including isolation of infected persons and contact tracing and management,

92 remain key to slowing transmission and spread of SARS-CoV-2, even as vaccines are

93 increasingly available in the United States and around the world. Air travel may contribute to the

94 spread of SARS-CoV-2 and other communicable diseases around the globe if people who are

95 infected or incubating infection travel by aircraft, particularly if they fail to use mitigation

96 measures such as masks to prevent COVID-19. Air travel can also increase a person’s risk of

97 getting and spreading communicable diseases by bringing people in close contact with others,

98 often for prolonged periods, and exposing them to frequently touched surfaces. While fully

99 vaccinated travelers are less likely to get and transmit SARS-CoV-2, international travel poses

100 additional risks, and even fully vaccinated travelers might be at increased risk for getting and

101 possibly spreading some SARS-CoV-2 variants.13

102 102

103 Public health officials may need to follow up with travelers after arrival, either because these

104 travelers may have been exposed before they traveled or because during travel they were

105 possibly exposed to a person known to have a communicable disease that poses a public health

106 threat, such as COVID-19. Other communicable diseases for which CDC conducts contact

107 investigations of exposure while traveling on aircraft are infectious tuberculosis (including

108 multidrug-resistant and extensively drug-resistant infections), measles, pertussis (whooping

109 cough), meningococcal disease, and Middle East Respiratory Syndrome (MERS).14,15,16,17

110 Similarly, preventing the further importation and spread of SARS-CoV-2, including variants of

111 concern, requires rapid identification and notification of potentially infected or exposed travelers

112 so that they and their respective jurisdictional public health officials can take steps to minimize

113 exposure to others.



11 https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html

12 https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthrough- cases.html

13 https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html

14 https://www.cdc.gov/quarantine/contact-investigation.html

15 Nelson K, Marienau K, Schembri C, Redd S. Measles transmission during air travel, United States, December 1, 2008-December 31, 2011. Travel Med Infect Dis. 2013 Mar-Apr;11(2):81-9. doi: 10.1016/j.tmaid.2013.03.007.

16 Marienau KJ, Cramer EH, Coleman MS, Marano N, Cetron MS. Flight related tuberculosis contact investigations in the United States: comparative risk and economic analysis of alternate protocols. Travel Med Infect Dis. 2014 Jan-Feb;12(1):54-62. doi: 10.1016/j.tmaid.2013.09.007.

17 Lippold SA, Objio T, Vonnahme L, et al. Conveyance Contact Investigation for Imported Middle East Respiratory Syndrome Cases, United States, May 2014. Emerg Infect Dis. 2017 Sep;23(9):1585-1589. doi: 10.3201/eid2309.170365.

114 114

115 In the past, public health efforts to follow up with travelers arriving into the United States have

116 been hampered by incomplete or inaccurate contact information, causing delays in conducting

117 contact investigations and requiring resource-intensive entry screening operations to facilitate

118 post-arrival management of travelers.18,19,20 These challenges occurred during the 2014 response

119 to MERS, the 2014-2016 response to the Ebola epidemic in West Africa, and in the early stage

120 of the current COVID-19 public health emergency. Timely public health follow-up requires

121 health officials to have prompt access to accurate and complete contact information for travelers

122 traveling into, or transiting through, the United States. Inaccurate or incomplete contact

123 information decreases the ability of public health authorities to protect the health of travelers and

124 the public. The best way to ensure airline passengers’ contact information is available in real

125 time is to collect the information before they board a flight. Given that it is impossible to predict

126 which passengers’ or crewmembers’ information will be needed for public health purposes, it is

127 necessary to collect information for all passengers and crewmembers originating abroad who

128 intend to travel to, or transit through, the United States. Additionally, many passengers transiting

129 through the United States will likely transit back through the United States on their return trip. If

130 they were exposed during travel, they may return at a time when they are infectious. Facilitating

131 notification to public health authorities at their final destination would prevent potential

132 exposures during such return travel. 133

134 CDC identified that the following information is needed for reliable public health management

135 of travelers disembarking in, or transiting through, the United States: full name, address while in

136 the United States, primary contact phone number, secondary or emergency contact phone

137 number, email address, date of birth, airline name, flight number, city of departure, departure

138 date and time, city of arrival, arrival date and time, and seat number. 139

140 CDC’s authority for collecting these data elements is contained in 42 CFR 71.4.21 The first five

141 data elements were added to section 71.4 on February 12, 2020, in response to the current

142 COVID pandemic.22 Airlines with flights arriving into the United States must collect and, within

143 24 hours of an order issued by the CDC Director, transmit these five data elements to CDC. The

144 remaining data elements, listed in 42 CFR 71.4(b), are part of CDC’s previously existing

145 regulatory scheme. Airlines must also transmit these data elements to CDC within 24 hours of an

146 order, to the extent such data elements are already available and maintained by the airline. 147





18 Regan JJ, Jungerman MR, Lippold SA, et al. Tracing Airline Travelers for a Public Health Investigation: Middle East Respiratory Syndrome Coronavirus (MERS-CoV) Infection in the United States, 2014. Public Health Rep.

2016 Jul-Aug;131(4):552-9. doi: 0.1177/0033354916662213.

19Cohen NJ, Brown CM, Alvarado-Ramy F, et al. Travel and Border Health Measures to Prevent the International Spread of Ebola. MMWR Suppl. 2016 Jul 8;65(3):57-67. doi: 10.15585/mmwr.su6503a9.

20 Dollard P, Griffin I, Berro A, et al. Risk Assessment and Management of COVID-19 Among Travelers Arriving at Designated U.S. Airports, January 17–September 13, 2020. MMWR Morb Mortal Wkly Rep. 2020 Nov 13;69(45):1681-1685. doi: 10.15585/mmwr.mm6945a4.

21 https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4

22 https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign- quarantine.

148 Identifying individual COVID-19 cases and conducting contact tracing continue to be an

149 important strategy in preventing opportunities for the virus to spread and mutate, particularly to

150 prevent the spread of variants of COVID-19 that are not already prevalent in the United States.

151 Even as more people become fully vaccinated, sub-populations of unvaccinated people and

152 others vulnerable to infection will remain, including people who elect not to be vaccinated, those

153 ineligible for vaccination (currently young children), people with contraindications to

154 vaccination, and people at increased risk for severe illness (including some who may be fully

155 vaccinated, such as those with certain immunocompromising conditions). In areas where spread

156 of the virus has been controlled, rapid identification of imported cases and containment of further

157 transmission through nonpharmaceutical interventions, including isolation of infected people and

158 quarantine of susceptible close contacts, will be essential to prevent resurgence of local

159 epidemics and ultimately end the pandemic. 160

161 CDC has taken a variety of additional steps to mitigate the risk that travel poses to the further

162 spread of SARS-CoV-2 and the introduction of its variants into the United States. On October

163 25, 2021, CDC amended an Order requiring all air passengers two years of age and older

164 traveling to the United States from any foreign country to be tested for SARS-CoV-2 either no

165 more than three days prior to their flight, for those who are fully vaccinated, or no more than one

166 day prior to their flight, for those who are not fully vaccinated. Air passengers may alternatively

167 present documentation of having recovered from COVID-19 in the previous 3 months.23 On

168 October 25, 2021, CDC also issued an Order implementing a Presidential Proclamation requiring

169 all noncitizens who are nonimmigrants, with limited exceptions, to be fully vaccinated in order to

170 fly into the United States from any foreign country. On January 29, 2021, CDC issued an Order

171 requiring the wearing of masks by persons on any conveyance entering, traveling within, or

172 departing the United States and at U.S. transportation hubs to prevent further spread of SARS-

173 CoV-2.24 In addition, CDC has posted Level 4 Travel Notices recommending travelers avoid all

174 non-essential travel to more than 150 countries worldwide because of very high rates of COVID-

175 19 in these countries.25 This Order aligns with these new and existing public health mitigation

176 actions. 177

178 Scope of the Order

179

180 This Order applies to all passengers and passenger-carrying operations arriving into the United

181 States from a foreign last point of departure (including flights with intermediate stops in the

182 United States between the flight’s foreign point of origin and the final destination). Where

183 appropriate, CDC has used Federal Aviation Administration or Department of Transportation

184 regulatory references for ease of reference for the affected industry. As used in the Order, the

185 terms described below have their given meanings. 186

187 This Order imposes obligations on “airlines”, “operators,” “passengers,” and “crewmembers.”

188 “Airlines” has the same meaning as in 42 CFR 71.1(b), which includes “air carriers” and

189 “foreign air carriers” providing “air transportation” as those terms are defined in 49 U.S.C.



2386 FR 7387 and https://www.cdc.gov/quarantine/fr-proof-negative-test.html

24 86 FR 8025 and https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html

25 https://wwwnc.cdc.gov/travel/noticescovid19

190 40102(a)(2), (a)(5), and (a)(21). An “operator” is any person26 that operates an aircraft. To

191 “operate” an aircraft means to use, cause to use, or authorize to use aircraft for the purpose of air

192 navigation. “Operate” includes piloting an aircraft, with or without the right of legal control (as

193 owner, lessee, or otherwise). An operator can be any person such as an air carrier, a commercial

194 operator (as defined in 14 CFR 1.1), or a non-certificated party. “Passenger” means any person

195 who is not a crewmember on any aircraft operation carrying any person (“passenger-carrying

196 operation”). “Crewmember” means a person assigned to perform duty in an aircraft during flight

197 time. 198

199 Passengers must provide the designated information, to the extent it exists, to airlines and

200 operators. Airlines and operators must collect the designated information from passengers and

201 retain it for 30 days from the flight’s departure unless it is otherwise transmitted to the U.S.

202 Government. CDC is requiring a retention period of 30 days because it can take up to 30 days for

203 CDC to receive genetic sequencing information identifying a SARS-CoV-2 variant of concern

204 for which contact tracing beyond the 14-day incubation period of COVID-19 may be warranted.

205 The incubation periods for measles, whooping cough, meningococcal disease, Ebola, and MERS

206 — other communicable diseases for which CDC conducts contact investigations — are all less

207 than 30 days. 208

209 Airlines or operators that enter into a contract with U.S. Military services to provide

210 transportation to persons designated by U.S. Military services are exempt from the Order. CDC

211 is exempting these operations because U.S. Military service’s standard practice is to collect and

212 retain the designated information and conduct any necessary public health follow-up for

213 passengers on the aircraft that operate in accordance with the U.S. Military service contract with

214 the airline or operator. Airlines and operators that contract with other U.S. Government agencies

215 may be eligible for an exemption on a case-by-case basis if the U.S. Government agency submits

216 a request to CDC and agrees to CDC’s required public health conditions, including conducting

217 necessary public health follow-up for passengers. But, in these instances, the U.S. Government

218 agency that is a party to such a contract shall conduct any necessary public health follow-up for

219 passengers and crew. Flights designated as state aircraft under international law (1) by an

220 appropriate United States federal government department or agency, or (2) by a foreign

221 government and granted diplomatic clearance to enter U.S. airspace, are exempt from this Order. 222

223 This Order does not alter or affect the requirements under 42 CFR 71.21 that airlines and

224 operators, including Air Medical Transport services, report to CDC any deaths or illnesses

225 onboard flights destined for a U.S. airport.27 As part of the reporting of any death or illness

226 onboard, passenger contact information must be collected and reported in real time to CDC, in

227 addition to any data transmission required under this Order.28

228 228

229 Determinations and Immediate Action

230 230



26 A “person” is “an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.” 14 CFR 1.1. 27 https://www.cdc.gov/quarantine/air/reporting-deaths-illness/guidance-reporting-onboard-deaths-illnesses.html

28 https://www.cdc.gov/quarantine/air/reporting-deaths-illness/

231 Accordingly, and consistent with 42 CFR 71.4, 71.20, 71.31, and 71.32, I hereby find that

232 international travel into the United States has the potential to exacerbate and accelerate the

233 introduction of SARS-CoV-2 variants not already present (along with other communicable

234 diseases) and that the scope of this pandemic is inherently and necessarily a problem that is

235 global in nature. The collection and transmission of information required by this Order is

236 therefore necessary to prevent the further introduction, transmission, or spread of COVID-19 via

237 air travel into and throughout the United States. The requirements of this Order will enable

238 prompt public health follow-up by public health jurisdictions, allowing them to quickly

239 implement public health mitigation efforts such as isolation of infected persons and contact

240 tracing and management of people exposed to a communicable disease of concern. 241

242 In addition, I hereby determine that passengers and crewmembers on flights covered by this

243 Order are or may be at risk of exposure to SARS-CoV-2 and may further the introduction and

244 spread of SARS-CoV-2 variants and other communicable diseases into the United States. Their

245 accurate and complete contact information as provided for in this Order is needed to protect the

246 health of other travelers and U.S. communities. 247

248 The CDC has determined that this Order is not a rule within the meaning of the Administrative

249 Procedure Act (APA) but rather an emergency action taken under the existing regulatory

250 authority of 42 CFR 71.4, 71.20, 71.31, and 71.32. The purpose of these sections is to enable

251 CDC to swiftly take targeted actions within the scope of these authorities to prevent the

252 introduction and spread of communicable diseases. Indeed, in response to the current pandemic,

253 CDC published an interim final rule (IFR)29 for public comment on February 12, 2020,

254 establishing the requirements in 42 CFR 71.430 to collect and transmit designated information

255 upon an order issued by the CDC Director. 256

257 GOOD CAUSE 258

259 In the event that a court finds this Order qualifies as a rule under the APA, there is good cause to

260 dispense with prior notice and comment and a delay in effective date. See 5 U.S.C. 553(b)(B),

261 (d)(3). As more fully explained below, I have determined that good cause exists because the

262 public health emergency caused by COVID-19 and the unpredictability of virus mutations and

263 the recent course of the pandemic make notice-and-comment rulemaking impracticable and

264 contrary to the public health, and by extension the public interest. 265

266 The rapidly changing nature of the pandemic requires not only that CDC act swiftly, but also

267 deftly, to ensure that its actions are commensurate with the threat. Given the current case rates

268 and other disease mitigation measures that federal, state, and local jurisdictions are taking across

269 the country, identifying individual cases and conducting contact tracing are critical public health

270 actions urgently needed to prevent opportunities for the virus to spread and further mutate. 271




29 https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign- quarantine

30 https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4

272 The emergence of variants, particularly the Delta variant, has demonstrated the unpredictability

273 of the SARS-CoV-2 virus and the COVID-19 pandemic and has shown how COVID-19 case

274 rates, hospitalizations, and deaths can increase rapidly when a new variant emerges. For

275 example, the Delta variant is more than two times as contagious as previous variants and has

276 spread faster than earlier variants of the SARS-CoV-2 virus.31 The share of infections from the

277 Delta variant in the United States on May 29, 2021, was under 7%, at a point when the trajectory

278 of the pandemic seemed for the better, but by July 31, 2021, the share of infections with the

279 Delta variant surpassed 94%.32 In late June, the 7-day moving average of reported cases was

280 only around 12,000. By July 27, just 4 weeks later, the 7-day moving average of cases had

281 increased fivefold and reached over 60,000, a rate similar to the rate before COVID-19 vaccines

282 were widely available. Between July and September, the spread of the Delta variant caused a

283 rapid increase in hospitalizations and deaths, especially in areas with higher levels of community

284 transmission and lower vaccination coverage.33,34 The 7-day average for August 4-August 10 for

285 new hospital admissions was a 29.6% increase from the prior 7-day average. The 7-day average

286 for new deaths increased 21% compared to the previous 7-day average. As of October 24, 2021,

287 COVID-19 cases were declining; however, a majority of the United States is still experiencing

288 high community transmission. There have been multiple points throughout the COVID-19

289 pandemic when cases have swiftly and unexpectedly surged and then declined; therefore, the

290 rapidly changing, unpredictable nature of the COVID-19 pandemic compels CDC to act quickly. 291

292 With high transmission rates and low vaccination rates in areas of the United States and around

293 the world, new SARS-CoV-2 variants are expected to occur. New variants may be more

294 transmissible or cause more severe disease, and vaccines and therapeutics may be less effective

295 against these strains. The best way to slow the emergence of new variants is to act quickly to

296 reduce the spread of infection through vaccination layered with additional mitigation measures,

297 including timely and effective case detection and contact tracing and public health follow-up of

298 international travelers. 299

300 For these reasons, I hereby conclude that notice-and-comment rulemaking and a delay in the

301 effective date or the Order would defeat the purpose of the Order and endanger the public health,

302 and is, therefore, impracticable and contrary to the public interest. CDC may exercise its

303 enforcement discretion with respect to airlines and operators who are unable to come into

304 compliance on November 8, 2021 despite demonstrated good faith efforts to do so. 305

306 MISCELLANEOUS 307

308 Similarly, if this Order qualifies as a rule under the APA, the Office of Information and

309 Regulatory Affairs (OIRA) has determined that it would be a major rule under Subtitle E of the

310 Small Business Regulatory Enforcement Fairness Act of 1996 (the Congressional Review Act or

311 CRA), 5 U.S.C. 804(2). Regardless of whether this Order qualifies as a rule under the APA,

312 OIRA has determined that it is an economically significant regulatory action under the



31 https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html

32 https://covid.cdc.gov/covid-data-tracker/#variant-proportions

33 https://gis.cdc.gov/grasp/covidnet/COVID19_5.html

34 https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths

313 definitions provided for those terms in Executive Order 12866. Thus, this action has been

314 reviewed by OIRA. CDC has determined that for the same reasons given above, there would be

315 good cause under the CRA to make the requirements herein effective immediately. 5 U.S.C.

316 808(2). This Order will cease to be in effect on the earlier of (1) the date that is two incubation

317 periods after the last known case of COVID-19, or (2) when the Secretary determines there is no

318 longer a need for the interim final rule (IFR)35 published in the Federal Register on February 7,

319 2020. As appropriate, the Secretary will publish a document in the Federal Register announcing

320 the expiration date of the IFR. 321

322 CDC will separately comply with the requirements of the Paperwork Reduction Act (44 U.S.C. 323 3501 et seq.).

324

325 If any provision of this Order, or the application of any provision to any persons, entities, or

326 circumstances, shall be held invalid, the remainder of the provisions, or the application of such

327 provisions to any persons, entities, or circumstances other than those to which it is held invalid,

328 shall remain valid and in effect. 329

330 Directive

331

332 In accordance with 42 CFR 71.4, 71.20, 71.31, and 71.32 as authorized by 42 U.S.C. 264 and

333 268, it is hereby ORDERED:

334 334

335 1. Definitions. 336

337 As used in this Order, the term:

338

339 ‘Airline’ has the same meaning as in 42 CFR 71.1(b);

340 ‘Communicable disease’ has the same meaning as in 42 CFR 71.1(b);

341 ‘Crewmember’ means a person assigned to perform duty in an aircraft during flight time;

342 ‘Designated information’ means the data elements listed below, to the extent that they exist.36

343 Data elements listed in subsections (a) through (e) must be provided by the passenger and

344 maintained by the airline or operator for crewmembers and (f) through (m) must be provided to

345 the extent such data elements are already available and maintained by the airline or operator.

346 (a) Full name (last, first, and, if available, middle or suffix (e.g., Jr.);

347 (b) Address while in the United States (number and street, city, state or territory,

348 and zip code);

349 (c) Primary contact phone number to include country and area code, at which the

350 passenger or crewmember can be contacted while in the United States;




35 https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreign- quarantine

36 An individual may not, for example, have an email address or phone number, in which case the individual would not be required to provide one.

351 (d) Secondary contact phone number to include country and area code, which

352 may be an emergency contact number, a work number, or a home number;

353 (e) Email address that the passenger or crewmember will routinely check while in

354 the United States;

355 (f) Date of birth;

356 (g) Airline name;

357 (h) Flight number;

358 (i) City of departure;

359 (j) Departure date and time;

360 (k) City of arrival;

361 (l) Arrival date and time; and

362 (m)Seat number.

363 ‘Operator’ means any person that operates an aircraft. To “operate” an aircraft means to use,

364 cause to use or authorize to use aircraft for the purpose of air navigation. “Operate” includes

365 piloting an aircraft, with or without the right of legal control (as owner, lessee, or otherwise). An

366 operator can be any person such as an air carrier, a commercial operator (as defined in 14

367 CFR 1.1) or a non-certificated party.

368 ‘Passenger’ means any person who is not a crewmember on any aircraft operation carrying any

369 person;

370 ‘United States’ has the same meaning as in 42 CFR 71.1(b). 371

372 2. Requirements for Airlines and Operators 373

374 (a) This section applies to all passenger-carrying operations conducted on aircraft arriving into

375 the United States from a foreign last point of departure (including flights with intermediate stops

376 in the United States between the flight’s foreign point of origin and the final destination).

377 Airlines and operators are required to collect data as soon as practicable but CDC will use

378 enforcement discretion after the Order effective date to allow airlines to come into compliance.

379 (b) Beginning on flights departing for the United States from a foreign last point of departure

380 after 12:01 a.m. Eastern Standard Time on November 8, 2021 (including flights with

381 intermediate stops in the United States between the flight’s foreign origin and the final

382 destination), all airlines and operators of any passenger-carrying operations shall:

383 (i) Collect the “designated information” for all passengers before boarding, but not more

384 than 72 hours before departing from the flight’s foreign last point of departure;

385 (ii) Maintain the “designated information” for all crewmembers;

386 (iii) When collecting the “designated information,” notify passengers of the purpose and

387 intent of the information collection, that the obligation to provide complete and accurate

388 information is a United States Government requirement, and that failure to provide

389 complete and accurate information may result in criminal penalties, as set forth herein.

390 The airline or operator must also obtain confirmation from each passenger that the

391 information provided is complete and accurate; and

392 (iv) Retain the “designated information” under subparagraphs 2(b)(i) and 2(b)(ii) for each

393 flight for a minimum of 30 days from the flight’s departure and, within 24 hours of a

394 request from the CDC Director, transmit it to CDC through secure, electronic means

395 approved by CDC.37 Data retention is not required for those airlines and operators who

396 choose to otherwise securely transmit data using established DHS data systems.

397 Any entities covered under section 2 that fail to comply with section 2 may be subject to criminal

398 penalties under, inter alia, 42 U.S.C. 271 and 42 CFR 71.2, in conjunction with 18 U.S.C. 3559

399 and 3571. Willfully giving false or misleading information to the government may result in

400 criminal penalties under, inter alia, 18 U.S.C. 1001. 401

402 3. Requirements for Passengers 403

404 This section applies to any passenger on a flight covered under this Order, including passengers

405 with intermediate stops in the United States between the flight’s foreign point of origin and the

406 final destination. Beginning on flights departing for the United States from a foreign last point of

407 departure after 12:01 a.m. Eastern Standard Time on November 8, 2021, the passenger or the

408 passenger’s authorized representative shall –

409 (i) Accurately provide the “designated information” as instructed by the airline or

410 operator before boarding a flight to the United States insofar as the information exists

411 for the passenger;

412 (ii) Acknowledge the airline’s or operator’s notification of the purpose and intent of this

413 information collection, that the obligation to provide complete and accurate

414 information is a United States Government requirement, and that failure to provide

415 complete and accurate information may result in criminal penalties; and,

416 (iii) Confirm that the provided “designated information” is complete and accurate.

417 An authorized representative (for example, immediate family member, legal guardian, or travel

418 agent) may provide the “designated information” and acknowledge the airline’s or operator’s

419 notification on behalf of the passenger, including on behalf of a minor or other passenger who is

420 unable to do so on his or her own behalf, but the information provided must be specific to the

421 individual passenger (e.g., agents may not list contact information for the travel agency or

422 provide one telephone number or email address for an entire group of unrelated persons).

423 Any passenger or authorized representative who fails to comply with the requirements of section

424 3 may be subject to criminal penalties under, inter alia, 42 U.S.C. 271 and 42 CFR 71.2, in

425 conjunction with 18 U.S.C. 3559 and 3571. Willfully giving false or misleading information to

426 the government may result in criminal penalties under, inter alia, 18 U.S.C. 1001.




37 Insert url to technical instructions

427 427

428 4. Exemptions. This Order does not apply to the following:

429 429

430 (a) Any airline or operator that enters into a contract with the U.S. Military services to

431 provide transportation to persons designated by the U.S. Military service is exempt from this

432 Order for flights covered under the contract. The U.S. Military service typically collects and

433 retains the “designated information” and conducts any necessary public health follow-up for

434 passengers on the aircraft that operate in accordance with the U.S. Military service contract with

435 the airline or operator. 436

437 (b) Any airline or operator that enters into a contract with another U.S. Government

438 agency may be eligible for an exemption on a case-by-case basis with approval from the CDC

439 Director. Any request for this exemption must be made to CDC and is subject to any requirement

440 or limitation established by the CDC Director, including that the U.S. Government agency that is

441 a party to such a contract shall conduct any necessary public health follow-up for passengers and

442 crew. 443

444 (c) Any airline or operator designated as state aircraft under international law (1) by an

445 appropriate United States federal government department or agency, or (2) by a foreign

446 government and granted diplomatic clearance to enter U.S. airspace. 447

448 5. Privacy 449

450 CDC intends to use the “designated information” only for public health follow-up, such as

451 education, treatment, prophylaxis, or other appropriate public health interventions, including

452 travel restrictions. CDC will maintain and use the “designated information” called for in this

453 Order in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and its applicable System of

454 Record Notice.38 As noted in the System of Records Notice, CDC retains contact tracing

455 information until the contact tracing investigation is complete or no longer than 12 months.

456 Personally identifiable information may be used and shared only for lawful purposes, including

457 with authorized personnel of the U.S. Department of Health and Human Services, state and local

458 public health departments, and other cooperating authorities, as authorized by law. CDC will

459 retain, use, delete, or otherwise destroy the “designated information” in accordance with the

460 Federal Records Act, applicable Privacy Act System of Records notice, and other applicable law.

461 However, if “designated information” is transmitted by airlines via an established DHS data

462 system, DHS will integrate the data into the DHS Automated Targeting System (ATS)39 and use

463 it for passenger screening. DHS may use the data for any use permitted by the ATS System of

464 Records Notice (SORN)40 and will retain it for a minimum of fifteen years, in accordance with

465 the SORN. Permitted uses of established data systems, including ATS, include but are not




38 https://www.cdc.gov/sornnotice/09-20-0171.htm

39 https://www.dhs.gov/sites/default/files/publications/privacy-pia-cbp006-ats-may2021.pdf

40 https://www.gpo.gov/fdsys/pkg/FR-2015-03-13/html/2015-05798.htm

466 limited to immigration enforcement, law enforcement, anti-terrorism, national security, and

467 border security. DHS shares passenger data with other law enforcement and national security

468 partners pursuant to agreements with those partners for use throughout a period of time specified

469 by the relevant agreement, or according to the recipient agency’s SORN or Attorney General-

470 approved intelligence oversight guidelines. 471

472 CDC may modify this Order by an updated publication in the Federal Register. 473

474 In testimony whereof, the Director, Centers for Disease Control and Prevention, U.S.

475 Department of Health and Human Services, has hereunto set her hand at Atlanta, Georgia, this

476 25th day of October 2021. 477

478

479

480


12 views0 comments