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According to the CDC to provide a negative test taken within the past 24 hours if you arriving by private plane. See this guidance for aircraft operators & airlines:

Does this order apply to all flights or just commercial flights?

This order applies to all flights, including private flights and general or business aviation aircraft (charter flights). Passengers two years of age or older traveling by air into the United States are required to present a negative test result or documentation of recovery regardless of flight type.

The consequences for an aircraft operator that does not check test status, or for an aircraft passenger that does not provide test status, are laid out in the official CDC order (as revised 2021-12-02):

Any airline or other aircraft operator that fails to comply with [these requirements] may be subject to criminal penalties under, inter alia, 42 USC 271 and 42 CFR 71.2, in conjunction with 18 USC 3559 and 3571. ...

Any passenger who fails to comply with [these requirements] may be subject to criminal penalties under, inter alia, 42 USC 271 and 42 CFR 71.2, in conjunction with 18 USC 3559 and 3571. Willfully giving false or misleading information to the government may result in criminal penalties under, inter alia, 18 USC 1001.

But if I'm reading 42 USC/CFR correctly they all talk about quarantine requirements and don't actually include provisions for doing something other than quarantine upon arrival. So assume the following is true:

  1. A private aircraft owner takes their own private plane from Mexico into the US
  2. They are a US citizen. No one else is on board.
  3. They comply with all regulations other than the requirement for a negative COVID test
  4. They announce their test-free status to CBP and are willing to undergo quarantine

Which part of 42 CFR would apply to them in this case? Can they be subjected to any penalties?

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  • I think (though I'm far from sure) that 42 USC §271 imposes sanctions on anyone violating "any regulation prescribed under sections 264 to 266 of this title", and §264 says that "[t]he Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession." .... Commented Dec 16, 2021 at 22:18
  • ... So there's a large degree of latitude in what the Surgeon General can require in cases of public health; nothing there (as far as I can tell) says that the regulations have to involving "quarantining" people in the strictest sense of the word. Commented Dec 16, 2021 at 22:20

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