2020-11576. Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the Federative Republic of Brazil

AGENCY:

U.S. Customs and Border Protection (CBP) and U.S. Transportation Security Administration (TSA), Department of Homeland Security (DHS).

ACTION:

Notification of arrival restrictions.

SUMMARY:

This document announces the decision of the Secretary of Homeland Security to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the Federative Republic of Brazil (Brazil) to arrive at one of the United States airports where the United States Government is focusing public health resources. This document updates the previous decisions of the Secretary of Homeland Security: To direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the People's Republic of China (excluding the Special Administrative Regions of Hong Kong and Macau) to arrive at one of the United States airports where the United States Government is focusing public health resources (effective February 2, 2020); to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the Islamic Republic of Iran to arrive at one of the United States airports where the United States Government is focusing public health resources (effective March 2, 2020); to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the countries of the Schengen Area, to arrive at one of the United States airports where the United States Government is focusing public health resources (effective March 13, 2020); and to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland to arrive at one of the United States airports where the United States Government is focusing public health resources (effective March 16, 2020). Specifically, this document adds two airports (Fort Lauderdale-Hollywood International Airport (FLL) and George Bush Intercontinental/Houston Airport (IAH)) to the list of airports where such flights may land.

DATES:

Flights departing after 11:59 p.m. Eastern Daylight Time (EDT) on Tuesday, May 26, 2020, and covered by the arrival restrictions announced or modified in this document are required to land at one of the airports identified in this document. These arrival restrictions will continue until cancelled or modified by the Secretary of Homeland Security and notification is published in the Federal Register of such cancellation or modification.

FOR FURTHER INFORMATION CONTACT:

Matthew S. Davies, Office of Field Operations, U.S. Customs and Border Protection at 202-325-2073.

SUPPLEMENTARY INFORMATION:

Background

In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), President Trump declared a national emergency recognizing the threat that the novel (new) coronavirus known as SARS-CoV-2 poses to the Nation's healthcare systems. The President declared the policy of the United States to respond to the ongoing, unprecedented outbreak of COVID-19 (the disease caused by SARS-CoV-2) with every tool and resource available to the United States Government. Consistent with this policy, the President has suspended and limited the entry of aliens recently present in certain foreign jurisdictions where significant COVID-19 outbreaks have occurred. These jurisdictions include the People's Republic of China (excluding the Special Administrative Regions of Hong Kong and Macau), the Islamic Republic of Iran, the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and, effective at 11:59 p.m. EDT on May 26, 2020, the Federative Republic of Brazil.

The potential for widespread further transmission of this virus by infected individuals seeking to enter the United States threatens the security of our transportation system and infrastructure, and the national security. Noting the President's actions and recent pronouncements by the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) for the novel coronavirus outbreak, including the categorization by WHO of COVID-19 as a pandemic on March 11, 2020, and to assist in preventing the introduction, transmission, and spread of this communicable disease globally and in the United States, DHS, in coordination with CDC and other Federal, state, and local agencies charged with protecting the American public, is implementing enhanced protocols to ensure that all travelers seeking to enter the United States with recent travel from, or who were otherwise recently present within, Brazil are provided appropriate public health services.

DHS previously published similar arrival restrictions in the Federal Register. This document does not modify those documents, except that the Secretary is adding two airports to the list of airports where flights subject to those arrival restrictions are permitted to land. The previously published arrival restrictions are as follows:

• Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People's Republic of China, 85 FR 6044 (Feb. 4, 2020);
• Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People's Republic of China, 85 FR 7214 (Feb. 7, 2020);
• Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the People's Republic of China or the Islamic Republic of Iran, 85 FR 12731 (Mar. 4, 2020);
• Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the Countries of the Schengen Area, 85 FR 15059 (Mar. 17, 2020); and
• Notification of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within the United Kingdom or the Republic of Ireland, 85 FR 15714 (Mar. 19, 2020).

Enhanced traveler arrival protocols are part of a layered approach used with other public health measures already in place to detect arriving travelers who are exhibiting overt signs of illness. Additional measures include requiring carriers to distribute a CDC health declaration form to passengers on flights originating in the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau; the Islamic Republic of Iran; specified countries comprising the Schengen Area; the United Kingdom (excluding overseas territories outside Europe); the Republic of Ireland; and Brazil, to support CDC passenger health screening and contact tracing. U.S. Government Representatives will collect this form from passengers upon arrival in the United States. Other measures to protect the public include reporting of ill travelers by carriers during travel to appropriate public health officials for evaluation and referral of ill travelers arriving at a U.S. port of entry by CBP to appropriate public health officials.

To ensure that travelers with recent presence in Brazil are screened appropriately, DHS directs that all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Brazil arrive at airports where enhanced public health services and protocols have been implemented. Although DHS will continue to work with carriers to ensure that they identify persons who may have traveled from, or who may have otherwise recently been present within, the affected areas prior to boarding, carriers shall comply with the requirements of this document in all cases, including when such persons are identified after boarding but prior to takeoff.

On Friday, January 31, 2020, DHS posted a document on the Federal Register public inspection page, announcing the DHS Secretary's decision that arrival restrictions regarding the People's Republic of China (excluding the Special Administrative Regions of Hong Kong and Macau) would go into effect at 5 p.m. Eastern Daylight Time on Sunday, February 2, 2020, at seven airports. The document announcing this decision was published in the Federal Register on February 4, 2020 at 85 FR 6044. On Friday, February 7, 2020, DHS published a document adding four airports to the list of airports where flights subject to the arrival restrictions are permitted to land and describing when the arrival restrictions would include those airports. See 85 FR 7214. On Friday, March 13, 2020, DHS posted a document on the Federal Register public inspection page adding two airports to the list of airports where flights subject to the arrival restrictions are permitted to land. The document announcing this decision was published in the Federal Register on March 17, 2020, at 85 FR 15059.

As with actions related to the People's Republic of China, the Islamic Republic of Iran, the countries of the Schengen Area, the United Kingdom, and Ireland, DHS anticipates that airlines will be able to fully support implementation of these arrival restrictions.

Notification of Arrival Restrictions Applicable to All Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within Brazil

Pursuant to 19 U.S.C. 1433(c), 19 CFR 122.32, 49 U.S.C. 114, and 49 CFR 1544.305 and 1546.105, DHS has the authority to limit the locations where all flights entering the United States from abroad may land. Under this authority and effective for flights departing after 11:59 p.m. Eastern Daylight Time on Tuesday, May 26, 2020, I hereby direct all operators of aircraft to ensure that all flights carrying persons who have recently traveled from, or were otherwise present within, Brazil land only at one of the following 15 airports:

• John F. Kennedy International Airport (JFK), New York;
• Chicago O'Hare International Airport (ORD), Illinois;
• San Francisco International Airport (SFO), California;
• Seattle-Tacoma International Airport (SEA), Washington;
• Daniel K. Inouye International Airport (HNL), Hawaii;
• Los Angeles International Airport, (LAX), California;
• Hartsfield-Jackson Atlanta International Airport (ATL), Georgia;
• Washington-Dulles International Airport (IAD), Virginia;
• Newark Liberty International Airport (EWR), New Jersey;
• Dallas/Fort Worth International Airport (DFW), Texas;
• Detroit Metropolitan Airport (DTW), Michigan;
• Boston Logan International Airport (BOS), Massachusetts;
• Miami International Airport (MIA), Florida;
• Fort Lauderdale-Hollywood International Airport (FLL), Florida; and
• George Bush Intercontinental/Houston Airport (IAH), Texas.

This direction considers a person to have recently traveled from, or otherwise been present within, Brazil if that person departed from, or was otherwise present within, Brazil within 14 days of the date of the person's entry or attempted entry into the United States.

For purposes of this document, crew and flights carrying only cargo (i.e., no passengers or non-crew) are excluded from the applicable measures set forth in this notification.

This direction is subject to any changes to the airport landing destination that may be required for aircraft and/or airspace safety, as directed by the Federal Aviation Administration.

This list of affected airports may be modified by the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Secretary of Transportation. This list of affected airports may be modified by an updated publication in the Federal Register or by posting an advisory to follow at www.cbp.gov. The restrictions will remain in effect until superseded, modified, or revoked by publication in the Federal Register.

For purposes of this Federal Register document, “United States” means the States of the United States, the District of Columbia, and territories and possessions of the United States (including Puerto Rico, the U.S. Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam).

The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed and approved this document, is delegating the authority to electronically sign this document to Chad R. Mizelle, who is the Senior Official Performing the Duties of the General Counsel for DHS, for purposes of publication in the Federal Register.

Chad R. Mizelle,

Senior Official Performing the Duties of the General Counsel, U.S. Department of Homeland Security.