Coronavirus Developments
March 9, 2020
US Travel Restrictions: On Friday, January 31, 2020, President Trump issued a Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus (COVID-2019). Effective at 5pm Eastern Standard Time on February 2, 2020, this order suspended the entry of certain classes of non-U.S. citizen (aliens) to the United States. An alien is inadmissible if the person has been present in mainland China (excluding Macau and Hong Kong) within the last 14 days preceding their attempted entry into the U.S. This includes persons who are transiting China en route to another destination. U.S. citizens, permanent residents, airline crewmembers, and certain other classes of alien are exempt from this suspension of entry. The full list of exempt classes of aliens is provided in the presidential proclamation.
Passengers who have been in China within the preceding 14 days but are in an exempt category and permitted to travel may only arrive in the U.S. at a designated airport that is implementing screening and, if necessary, quarantine procedures. Effective February 3, 2020, the list of designated arrival airports is:
- 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; and
- Detroit Metropolitan Airport (DTW), Michigan.
Emergency Interim Final Rule: On February 7, 2020, the U.S. Department of Health and Human Services (HHS) issued an Emergency Interim Final Rule (Emergency Rule) effective immediately requiring all airlines flying to the U.S. to collect and have available the information about each passenger and crew member. This information must be retained electronically and transmitted to the U.S. Centers for Disease Control and Prevention (CDC) within 24 hours of a request for it by the CDC for a given flight(s). The full Emergency Rule is available by clicking this link.
The required data points for each passenger and crew member (to the extent such information exists for the individual) are:
- Full name (last, first, and, if available, middle or others);
- Address while in the United States (number and street, city, State, and zip code), except that U.S. citizens and lawful permanent residents will provide address of permanent residence in the U.S. (number and street, city, State, and zip code);
- Primary contact phone number to include country code;
- Secondary contact phone number to include country code; and
- Email address.
While the interim final rule became effective immediately upon publication, HHS is soliciting public comments on the Emergency Rule until March 13, 2020.
CDC Order: On February 18, 2020, the U.S. Centers for Disease Control and Prevention (CDC) published guidance (Data Collection Order) regarding the scope and implementation of the Emergency Rule of February 7, 2020. The Data Collection Order helps clarify the Emergency Rule and narrows the scope of data reporting required to a group of Designated Passengers deemed particularly at risk of exposure to COVID-2019. Designated Passengers are passengers who departed from or have been present in mainland China (excluding Hong Kong and Macau) in the past 14 days. Notably, this definition excludes airline employees aboard the flight as part of their duties, including deadheading crew. Airlines are directed to produce the required information (i.e., name, address, two phone numbers, and email address) on Designated Passengers through “existing data-sharing channels” within two (2) hours of the departure of any flight carrying a Designated Passenger. We understand by “existing data-sharing channels” that CDC is referring to entry of key data points into the passenger’s Passenger Name Record (PNR) by carrier staff, although we understand that a number of carriers may have issues complying with this requirement. The CDC’s order is available by clicking this link.
On February 27, 2020, the CDC released additional guidance for carriers subject to its Data Collection Order of February 18, 2020 via a series of Questions and Answers, available by clicking this link. The latest guidance is subject to change as CDC receives further questions from industry. We will continue to keep our readers updated as this situation continues to develop.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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