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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations results varies based on, among other factors, type of test used, laboratory capacity, and geographic location.25
CDC guidance states that individuals who were exposed to a person with COVID19 may later develop symptoms and should self-quarantine for 14 days, even with receipt of negative test results.26
There are also multiple variants of the virus that have resulted in COVID19
infections in the United States, including the now predominant Delta variant.27 While vaccination is key in preventing severe disease like hospitalization or death, it may be less effective in preventing infection or transmission of the Delta variant since it is more contagious.28 Significant Delta variant-related outbreaks have occurred in the United States in recent months, most recently in Massachusetts after multiple large-scale summer events were held from July 317, 2021.29 After these events, 469 individuals contracted the virus, 74 percent of whom were fully vaccinated, and the outbreak was a major catalyst in the CDCs subsequent guidance to resume indoor mask mandates.30 According to statistical models and genomic surveillance programs, the Delta variant now accounts for approximately 98.9 percent of new cases nationally and current data shows that it is having a disproportionately severe impact on unvaccinated populations.31
There are numerous challenges to resuming pre-COVID19 operations, largely due to the emergence of the Delta variant. CDC has posted guidance for states, businesses, and the general public emphasizing the need for continued mask mandates on public transportation and airplanes, as wearing masks that completely cover the mouth and nose reduces the spread of COVID
19.32 CDC is also encouraging 25 CDC, Overview of Testing for SARSCoV2
COVID19 Aug. 02, 2021, https www.cdc.gov/
coronavirus/2019-ncov/hcp/testing-overview.html.
26 CDC, Test for Current Infection Viral Test Aug. 02, 2021, https www.cdc.gov/coronavirus/
2019-ncov/testing/diagnostic-testing.html.
27 CDC, SARSCoV2 Variant Classifications and Definitions; Cov-Lineages, Global Lineage Report:
B.1.617.2.
28 CDC, Delta Variant: What We Know About the Science.
29 CDC, Outbreak of SARSCoV2 Infections, Including COVID19 Vaccine Breakthrough Infections, Associated with Large Public GatheringsBarnstable County, Massachusetts, July 2021 Aug. 06, 2021, www.cdc.gov/mmwr/volumes/
70/wr/mm7031e2.htm.
30 Id.
31 CDC, COVID Data Tracker: Variant Proportions Sept. 07, 2021, https covid.cdc.gov/covid-datatracker/variant-proportions; CDC, Delta Variant:
What We Know About the Science.
32 CDC, Requirement for Face Masks on Public Transportation Conveyances and at Transportation
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restaurants and bars to maintain social distancing and mask rules and asking individuals to avoid large events and gatherings.33 As a result of CDCs renewed mask guidance, the Office of Management and Budget OMB issued renewed mask guidelines on July 27, 2021, for employees, contractors, and visitors to Federal buildings which went into effect for DHS on July 28, 2021.34
Further, CDC predictive modeling forecasts a continued national increase in new cases, hospitalizations, and deaths over four week intervals. By the week ending October 2, 2021, forecasts expect a weekly increase of approximately 430,000 to 1,520,000 new cases, 6,400 to 19,500 new hospitalizations, and 6,900 to 18,000
new deaths, taking into account variations in social distancing and prevention measures across states.
Variations beyond social distancing, including the reopening of schools, may also have an impact on these rates.35
Studies conducted early in the pandemic indicated low rates of transmission among children and as of September 9, 2021, approximately 62.5
percent of individuals 12 years of age and older were fully vaccinated.36 Since these early studies, infection rates have Hubs Aug. 27, 2021, https www.cdc.gov/
coronavirus/2019-ncov/travelers/face-masks-publictransportation.html.
33 CDC, Public Health Guidance for Potential COVID19 Exposure Associated with Travel July 02, 2021, https www.cdc.gov/coronavirus/2019ncov/php/risk-assessment.html; CDC, Guidance for Organizing Large Events and Gatherings May 20, 2021, https www.cdc.gov/coronavirus/2019-ncov/
community/large-events/considerations-for-eventsgatherings.html; CDC, Considerations for Restaurant and Bar Operators June 14, 2021, https
www.cdc.gov/coronavirus/2019-ncov/community/
organizations/business-employers/barsrestaurants.html.
34 Department of Homeland Security, Effective Immediately, Updated Mask Guidance for All DHS
Workspaces July 28, 2021.
35 CDC, COVID19 Forecasts: Cases Sept. 08, 2021, https www.cdc.gov/coronavirus/2019-ncov/
science/forecasting/forecasts-cases.html?CDC
_AA_refVal=https%3A%2F%2F
www.cdc.gov%2Fcoronavirus%2F2019ncov%2Fcases-updates%2Fforecasts-cases.html;
CDC, COVID19 Forecasts: Hospitalizations Sept.
08, 2021, https www.cdc.gov/coronavirus/2019ncov/science/forecasting/hospitalizationsforecasts.html?CDC_AA_refVal=https %3A%2F%2Fwww.cdc.gov%2Fcoronavirus %2F2019-ncov%2Fcases-updates%2F
hospitalizations-forecasts.html; CDC, COVID19
Forecasts: Deaths Sept. 08, 2021, https
www.cdc.gov/coronavirus/2019-ncov/science/
forecasting/forecasting-us.html?CDC_AA
_refVal=https%3A%2F%2
Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2F
covid-data%2Fforecasting-us.html.
36 CDC, COVID Data TrackerCOVID19
Vaccinations in the United States; CDC, Science Brief: Transmission of SARSCoV2 in K12
Schools and Early Care and Education Programs Updated July 09, 2021, https www.cdc.gov/
coronavirus/2019-ncov/science/science-briefs/
transmission_k_12_schools.html.

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increased as opportunities for transmission, including school and summer camp attendance, expanded.37
It has been reported that at least 1,000
schools across 35 states have closed for in-person learning because of COVID19
since the beginning of the 2021 school year.38 In order to minimize the spread, CDC currently recommends screening, physical distancing, taking precautions when participating in team or close contact sports, and consistent mask use, as inconsistent mask policies have contributed to school outbreaks.39
Finally, as the annual influenza season approaches, questions and concerns over increased transmission of SARS
CoV2 and decreases in immunity remain. CDC currently recommends a booster shot beginning in the fall of 2021 for certain individuals who received the Pfizer or Moderna vaccines..40 CDCs decision to begin booster shots in the fall of 2021 is due to the current information about the vaccine effectiveness and the impact of variants on vaccine effectiveness.41 A
recent study indicated that the infectivity and morbidity rates of COVID19 are higher in colder climates and the transmissibility of the virus is affected by meteorological factors such as temperature and humidity.42 This, alongside the increased demand for healthcare resources due to seasonal influenza and the low likelihood that herd immunity will be achieved in 2021, should be taken into account when developing future intervention measures.43
II. Purpose of This Temporary Rule USCIS continues its efforts to protect the health and safety of the employees and the public, including: Requiring facial covers for all employees and members of the public above the age of 37 Id.
38 Jeanine Santucci and Grace Hauck, At least 1,000 schools in 35 states have closed for in-person learning since the start of the school year: COVID
19 updates, USA TODAY Sept. 5, 2021, https
www.usatoday.com/story/news/health/2021/09/05/
covid-updates-mu-variant-spreads-hawaii-begstravelers-stay-away/5735064001/.
39 CDC, COVID Data TrackerCOVID19
Vaccinations in the United States; CDC, Science Brief: Transmission of SARSCoV2 in K12
Schools and Early Care and Education Programs Updated July 09, 2021, https www.cdc.gov/
coronavirus/2019-ncov/science/science-briefs/
transmission_k_12_schools.html.
40 CDC, COVID19 Vaccine Booster Shot Aug.
20, 2021, https www.cdc.gov/coronavirus/2019ncov/vaccines/booster-shot.html.
41 Id.
42 NIH, The role of seasonality in the spread of COVID19 pandemic Feb. 19, 2021, https
www.ncbi.nlm.nih.gov/pmc/articles/PMC7892320/.
43 Id.

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