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Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices
medical evacuations; and 2 that predeparture testing cannot be accessed or completed before travel. No changes were made to the Passenger Attestation.
This Order constitutes 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 conditions outlined in the Order.
A copy of the Order is provided below. A copy of the signed Order and Passenger Attestation can be found at https www.cdc.gov/quarantine/frproof-negative-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 &
71.31b Requirement for Negative PreDeparture COVID19 Test Result or Documentation of Recovery From COVID19 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 SARSCoV2, the virus that causes COVID19 Qualifying Test; or 2
written or electronic documentation of recovery from COVID19 after previous SARSCoV2 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 days preceding the flights departure from a foreign country Qualifying Test.
Alternatively, if the passenger has recovered from COVID19, the passenger may instead travel with written or electronic documentation of a positive viral test result that confirms previous SARSCoV2 infection and a letter from a licensed health care provider or public health official stating that the passenger has been cleared for 1 This Order supersedes the previous order signed by the U.S. Centers for Disease Control and Prevention CDC Director on January 12, 2021.

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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 71.31b 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 passenger2
years of age or olderonboard the aircraft has attested to receiving a negative Qualifying Test result or to having recovered from COVID19 after previous SARSCoV2 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 COVID19.
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 COVID19 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. 40102a6.
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 CFR71.1b.

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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 passengers 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 days preceding the flights departure;
3 if the passenger is arriving via one or more connecting flights the specimen was collected within the 3 days preceding the departure of the initial flight;
4 the test performed was a viral test as defined below; and 5 the test result states NEGATIVE, SARSCoV2 RNA NOT DETECTED, SARSCoV2 ANTIGEN NOT DETECTED, or COVID19 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 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 passengers flight to the United States, or at such other intervals as specified in CDC
guidance; 4
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 passengers passport or other travel documents;
4 the test performed was a viral test as defined below; and 2 CDC 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.
3 Health 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/2019ncov/hcp/disposition-in-home-patients.html.
4 https www.cdc.gov/coronavirus/2019-ncov/
hcp/duration-isolation.html.

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