Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs (Federal Register, February 3, 2021)
Summary
Federal Register, Vol. 86, No. 21, Wednesday, February 3, 2021, notice of a Centers for Disease Control and Prevention (CDC) Order under Section 361 of the Public Health Service Act (42 U.S.C. 264) requiring persons to wear masks over the mouth and nose while on conveyances and at transportation hubs. The Order takes effect at 11:59 p.m. Monday February 1, 2021, and conveyance operators and transportation hub operators must use best efforts to ensure that persons wear masks, for example through advance notifications and posted signage. The text shown begins on page 8025 with the end of a preceding CDC eviction order notice, which cites over 24,400,000 cases and over 400,000 deaths as of January 21, 2021 and fines of up to $200,000 per event, or $500,000 if a violation results in a death.
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Full text
Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8025
The rapidly changing nature of the violation results in a death, or as sufficiently addressed and utilize HUD
pandemic requires not only that CDC act otherwise provided by law. An ’s technical assistance to design and
swiftly, but also deftly to ensure that its organization violating this Order may be implement programs to support a
actions are commensurate with the subject to a fine of no more than coordinated response to eviction
threat. This necessarily involves $200,000 per event if the violation does prevention needs. For program support,
assessing evolving conditions that not result in a death or $500,000 per including technical assistance, please
inform CDC’s determinations. event if the violation results in a death visit www.hudexchange.info/program-
The conditions that existed on or as otherwise provided by law. The support. For further information on
September 4, 2020 have only worsened. U.S. Department of Justice may initiate HUD resources, tools, and guidance
As of January 21, 2021, there have been criminal proceedings as appropriate available to respond to the COVID–19
over 24,400,000 cases and over 400,000 seeking imposition of these criminal pandemic, state and local officials are
deaths. Data collected by Princeton penalties. directed to visit https://www.hud.gov/
University show that eviction filings are coronavirus. These tools include
occurring; it is therefore expected that Notice to Cooperating State and Local
Officials toolkits for Public Housing Authorities
large numbers of evictions would be and Housing Choice Voucher landlords
processed if the Order were to expire. Under 42 U.S.C. 243, the U.S. related to housing stability and eviction
[https://evictionlab.org/eviction- Department of Health and Human prevention, as well as similar guidance
tracking]. Without this Order, there is Services is authorized to cooperate with for owners and renters in HUD-assisted
every reason to expect that evictions and aid state and local authorities in the multifamily properties.
will increase significantly, resulting in enforcement of their quarantine and
Similarly, the Department of the
further spread of COVID–19. It is other health regulations and to accept
Treasury has informed CDC that the
imperative is to act quickly to protect state and local assistance in the
funds allocated through the Coronavirus
the public health, and it would be enforcement of Federal quarantine rules
Relief Fund and the Emergency Rental
impracticable and contrary to the public and regulations, including in the
Assistance Program may be used to fund
interest to delay the issuance and enforcement of this Order.
rental assistance programs to prevent
effective date of the Order pending
Notice of Available Federal Resources eviction. Visit https://
notice-and-comment rulemaking.
Similarly, if this Order qualifies as a While this Order to prevent eviction home.treasury.gov/policy-issues/cares/
rule under the APA, the Office of is effectuated to protect the public state-and-local-governments for more
Information and Regulatory Affairs health, the states and units of local information about the Coronavirus
(OIRA) has determined that it would be government are reminded that the Relief Fund and https://
a major rule under the Congressional Federal Government has deployed home.treasury.gov/policy-issues/cares/
Review Act (CRA). But there would not unprecedented resources to address the emergency-rental-assistance-program
be a delay in its effective date. The pandemic, including housing assistance. for more information about the
agency has determined that for the same The Department of Housing and Emergency Rental Assistance Program..
reasons, there would be good cause Urban Development (HUD) has Effective Date
under the CRA to make the informed CDC that all HUD grantees—
requirements herein effective states, cities, communities, and This Order is effective on January 31,
immediately nonprofits—who received Emergency 2021 and will remain in effect, unless
If any provision of this Order, or the Solutions Grants (ESG) or Community extended, modified, or rescinded,
application of any provision to any Development Block Grant (CDBG) funds through March 31, 2021.
persons, entities, or circumstances, shall under the CARES Act may use these Authority
be held invalid, the remainder of the funds to provide temporary rental
provisions, or the application of such assistance, homelessness prevention, or The authority for this Order is Section
provisions to any persons, entities, or other aid to individuals who are 361 of the Public Health Service Act (42
circumstances other than those to which experiencing financial hardship because U.S.C. 264) and 42 CFR 70.2.
it is held invalid, shall remain valid and of the pandemic and are at risk of being Dated: January 29, 2021.
in effect. evicted, consistent with applicable laws, Sherri Berger
This Order shall be enforced by regulations, and guidance.
Acting Chief of Staff, Centers for Disease
federal authorities and cooperating state HUD has further informed CDC that:
Control and Prevention.
and local authorities through the HUD’s grantees and partners play a
critical role in prioritizing efforts to [FR Doc. 2021–02243 Filed 1–29–21; 4:15 pm]
provisions of 18 U.S.C. 3559, 3571; 42
support this goal. As grantees decide BILLING CODE 4163–18–P
U.S.C. 243, 268, 271; and 42 CFR 70.18.
However, this Order has no effect on the how to deploy CDBG–CV and ESG–CV
contractual obligations of renters to pay funds provided by the CARES Act, all
communities should assess what DEPARTMENT OF HEALTH AND
rent and shall not preclude charging or
resources have already been allocated to HUMAN SERVICES
collecting fees, penalties, or interest as
a result of the failure to pay rent or other prevent evictions and homelessness Centers for Disease Control and
housing payment on a timely basis, through temporary rental assistance and Prevention
under the terms of any applicable homelessness prevention, particularly to
contract. the most vulnerable households. Requirement for Persons To Wear
HUD stands at the ready to support Masks While on Conveyances and at
Criminal Penalties American communities take these steps Transportation Hubs
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Under 18 U.S.C. 3559, 3571; 42 U.S.C. to reduce the spread of COVID–19 and
271; and 42 CFR 70.18, a person maintain economic prosperity. Where AGENCY: Centers for Disease Control and
violating this Order may be subject to a gaps are identified, grantees should Prevention (CDC), Department of Health
fine of no more than $100,000 if the coordinate across available Federal, and Human Services (HHS).
violation does not result in a death, or non-Federal, and philanthropic funds to
ACTION: Notice of Agency Order.
a fine of no more than $250,000 if the ensure these critical needs are
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8026 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
SUMMARY: The Centers for Disease settings. Using masks along with other the duration of travel as a condition of
Control and Prevention (CDC), a preventive measures, including social controlled free pratique.4
component of the U.S. Department of distancing, frequent handwashing, and (4) Conveyance operators must use
Health and Human Services (HHS), cleaning and disinfecting frequently best efforts to ensure that any person on
announces an Agency Order requiring touched surfaces, is one of the most the conveyance wears a mask when
persons to wear masks over the mouth effective strategies available for boarding, disembarking, and for the
and nose when traveling on any reducing COVID–19 transmission. duration of travel. Best efforts include:
conveyance (e.g., airplanes, trains, This Order will remain in effect • Boarding only those persons who
subways, buses, taxis, ride-shares, unless modified or rescinded based on wear masks;
ferries, ships, trolleys, and cable cars) specific public health or other • instructing persons that Federal law
into or within the United States. A considerations, or until the Secretary of requires wearing a mask on the
person must also wear a mask on any Health and Human Services rescinds the conveyance and failure to comply
conveyance departing from the United determination under section 319 of the constitutes a violation of Federal law;
States until the conveyance reaches its • monitoring persons onboard the
Public Health Service Act (42 U.S.C.
foreign destination. Additionally, a conveyance for anyone who is not
247d) that a public health emergency
person must wear a mask while at any wearing a mask and seeking compliance
exists.
transportation hub within the United from such persons;
States (e.g., airport, bus terminal, A copy of the Order is provided below • at the earliest opportunity,
marina, train station, seaport or other and a copy of the signed order can be disembarking any person who refuses to
port, subway station, or any other area found at https://www.cdc.gov/ comply; and
that provides transportation within the quarantine/masks/mask-travel- • providing persons with prominent
United States). Furthermore, operators guidance.html and adequate notice to facilitate
of conveyances and transportation hubs CENTERS FOR DISEASE CONTROL awareness and compliance of the
must use best efforts to ensure that AND PREVENTION requirement of this Order to wear a
persons wear masks as required by this mask; best practices may include, if
Order. DEPARTMENT OF HEALTH AND feasible, advance notifications on digital
DATES: This Order takes effect at 11:59
HUMAN SERVICES platforms, such as on apps, websites, or
p.m. Monday February 1, 2021. ORDER UNDER SECTION 361 email; posted signage in multiple
FOR FURTHER INFORMATION CONTACT: languages with illustrations; printing
OF THE PUBLIC HEALTH SERVICE the requirement on transit tickets; or
Jennifer Buigut, Division of Global ACT (42 U.S.C. 264)
Migration and Quarantine, Centers for other methods as appropriate.
Disease Control and Prevention, 1600 AND 42 CODE OF FEDERAL (5) Operators of transportation hubs
Clifton Road NE, MS H16–4, Atlanta, REGULATIONS 70.2, 71.31(b), 71.32(b) must use best efforts to ensure that any
GA 30329. Email: dgmqpolicyoffice@ REQUIREMENT FOR PERSONS TO person entering or on the premises of
cdc.gov. WEAR MASKS the transportation hub wears a mask.
Best efforts include:
SUPPLEMENTARY INFORMATION: The virus WHILE ON CONVEYANCES AND AT • Allowing entry only to those
that causes COVID–19 spreads very TRANSPORTATION HUBS persons who wear masks;
easily and sustainably between people
SUMMARY: • instructing persons that Federal law
who are in close contact with one requires wearing a mask in the
another (within about 6 feet) mainly Notice and Order; and subject to the transportation hub and failure to
through respiratory droplets produced limitations under ‘‘Applicability,’’ comply constitutes a violation of
when an infected person coughs, pursuant to 42 U.S.C. 264(a) and 42 CFR Federal law;
sneezes, or talks. These droplets can 70.2, 71.31(b), and 71.32(b): • monitoring persons on the premises
land in the mouths, eyes, or noses of of the transportation hub for anyone
people who are nearby and possibly be (1) Persons 1 must wear 2 masks over
the mouth and nose when traveling on who is not wearing a mask and seeking
inhaled into the lungs. Some people compliance from such persons;
conveyances into and within the United
without symptoms also spread the virus.
States. Persons must also wear masks at • at the earliest opportunity,
In general, the more closely a person removing any person who refuses to
interacts with others and the longer that transportation hubs as defined in this
Order. comply from the premises of the
interaction, the higher the risk of transportation hub; and
COVID–19 spread. (2) A conveyance operator • providing persons with prominent
This Order is issued to preserve transporting persons into and within the and adequate notice to facilitate
human life; maintain a safe and United States 3 must require all persons awareness and compliance with the
operating transportation system; onboard to wear masks for the duration requirement of this Order to wear a
mitigate the further introduction, of travel. mask; best practices may include, if
transmission, and spread of COVID–19 (3) A conveyance operators operating feasible, advance notifications on digital
into the United States and from one a conveyance arriving at or departing platforms, such as on apps, websites, or
state or territory into any other state or from a U.S. port of entry must require
territory; and support response efforts to all persons on board to wear masks for 4 As a condition of this controlled free pratique
COVID–19 at the Federal, state, local, to commence or continue operations in the United
territorial, and tribal level. States, conveyance operators must additionally
1 As used in this Order, ‘‘persons’’ includes
require all persons to wear masks on board
Appropriately worn masks reduce the travelers (i.e., passengers and crew), conveyance
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conveyances departing from the United States and
spread of COVID–19—particularly given operators, and any workers or service providers in for the duration of their travel until the conveyance
the evidence of pre-symptomatic and the transportation hub. arrives at the foreign destination if at any time any
2 To ‘‘wear a mask’’ means to wear a mask over
asymptomatic transmission of COVID– of the persons on the conveyance (passengers, crew,
the nose and mouth. or conveyance operators) will return to the United
19. Masks are most likely to reduce the 3 This includes international, interstate, or States while this Order remains in effect. This
spread of COVID–19 when they are intrastate waterways, subject to the jurisdiction of precaution must be followed regardless of
widely used by people in public the United States. scheduled itinerary.
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8027
email; posted signage in multiple (ii) The movement of any conveyance requirements must provide the same
languages with illustrations; printing which is solely for the purpose of level of public health protection as—or
the requirement on transit tickets; or effecting its repair, reconstruction, greater protection than—the
other methods as appropriate. rehabilitation, or storage.’’ requirements listed herein.
Intrastate traffic means the movement In addition, the requirement to wear
DEFINITIONS:
of any conveyance or the transportation a mask shall not apply under the
Controlled free pratique shall have the or movement of persons occurring following circumstances:
same definition as under 42 CFR 71.1, solely within the boundaries of a state • While eating, drinking, or taking
meaning ‘‘permission for a carrier to or territory, or on tribal land. medication, for brief periods;
enter a U.S. port, disembark, and begin Possession shall have the same • While communicating with a
operation under certain stipulated definition as under 42 CFR 70.1 and person who is hearing impaired when
conditions.’’ 71.1, meaning a ‘‘U.S. territory.’’ the ability to see the mouth is essential
Conveyance shall have the same State shall have the same definition as for communication;
definition as under 42 CFR 70.1, under 42 CFR 70.1, meaning ‘‘any of the • If, on an aircraft, wearing of oxygen
meaning ‘‘an aircraft, train, road 50 states, plus the District of Columbia.’’ masks is needed because of loss of cabin
vehicle,5 vessel . . . or other means of Territory shall have the same pressure or other event affecting aircraft
transport, including military.’’ Included definition as ‘‘U.S. territory’’ under 42 ventilation;
in the definition of ‘‘conveyance’’ is the CFR 70.1 and 71.1, meaning ‘‘any • If unconscious (for reasons other
term ‘‘carrier’’ which under 42 CFR 71.1 territory (also known as possessions) of than sleeping), incapacitated, unable to
has the same definition as conveyance the United States, including American be awakened, or otherwise unable to
under 42 CFR 70.1. Samoa, Guam, the [Commonwealth of remove the mask without assistance; 7 or
Conveyance operator means an the] Northern Mariana Islands, the • When necessary to temporarily
individual operating a conveyance and Commonwealth of Puerto Rico, and the remove the mask to verify one’s identity
an individual or organization causing or U.S. Virgin Islands.’’ such as during Transportation Security
authorizing the operation of a Transportation hub means any Administration screening or when asked
conveyance. airport, bus terminal, marina, seaport or to do so by the ticket or gate agent or
Mask means a material covering the other port, subway station, terminal any law enforcement official.
nose and mouth of the wearer, (including any fixed facility at which This Order exempts the following
excluding face shields.6 passengers are picked-up or discharged), categories of persons: 8
Interstate traffic shall have the same train station, U.S. port of entry, or any • A child under the age of 2 years;
definition as under 42 CFR 70.1, other location that provides • A person with a disability who
meaning transportation subject to the jurisdiction cannot wear a mask, or cannot safely
‘‘(1): of the United States. wear a mask, because of the disability as
(i) The movement of any conveyance Transportation hub operator means defined by the Americans with
or the transportation of persons or an individual operating a transportation Disabilities Act (42 U.S.C. 12101 et
property, including any portion of such hub and an individual or organization seq.).9
movement or transportation that is causing or authorizing the operation of
entirely within a state or possession— a transportation hub. 7 Persons who are experiencing difficulty
(ii) From a point of origin in any state U.S. port shall have the same breathing or shortness of breath or are feeling
or possession to a point of destination winded may remove the mask temporarily until
definition as under 42 CFR 71.1, able to resume normal breathing with the mask.
in any other state or possession; or meaning any ‘‘seaport, airport, or border Persons who are vomiting should remove the mask
(iii) Between a point of origin and a crossing point under the control of the until vomiting ceases. Persons with acute illness
point of destination in the same state or United States.’’ may remove the mask if it interferes with necessary
possession but through any other state, medical care such as supplemental oxygen
STATEMENT OF INTENT: administered via an oxygen mask.
possession, or contiguous foreign 8 Operators of conveyances or transportation hubs
country. This Order shall be interpreted and may impose requirements, or conditions for
(2) Interstate traffic does not include implemented in a manner as to achieve carriage, on persons requesting an exemption from
the following: the following objectives: the requirement to wear a mask, including medical
(i) The movement of any conveyance • Preservation of human life; consultation by a third party, medical
documentation by a licensed medical provider,
which is solely for the purpose of • Maintaining a safe and secure and/or other information as determined by the
unloading persons or property operating transportation system; operator, as well as require evidence that the person
transported from a foreign country or • Mitigating the further introduction, does not have COVID–19 such as a negative result
loading persons or property for transmission, and spread of COVID–19 from a SARS–CoV–2 viral test or documentation of
recovery from COVID–19. CDC definitions for
transportation to a foreign country. into the United States and from one SARS-CoV–2 viral test and documentation of
state or territory into any other state or recovery are available in the Frequently Asked
5 This includes rideshares meaning arrangements
territory; and Questions at: https://www.cdc.gov/coronavirus/
where passengers travel in a privately owned road • Supporting response efforts to 2019-ncov/travelers/testing-international-air-
vehicle driven by its owner in connection with a travelers.html. Operators may also impose
fee or service. COVID–19 at the Federal, state, local, additional protective measures that improve the
6 A properly worn mask completely covers the territorial, and tribal levels. ability of a person eligible for exemption to
nose and mouth of the wearer. A mask should be maintain social distance (separation from others by
secured to the head, including with ties or ear APPLICABILITY: 6 feet), such as scheduling travel at less crowded
loops. A mask should fit snugly but comfortably This Order shall not apply within any times or on less crowded conveyances, or seating
against the side of the face. Masks do not include or otherwise situating the individual in a less
state, locality, territory, or area under
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face shields. Masks can be either manufactured or crowded section of the conveyance or
homemade and should be a solid piece of material the jurisdiction of a Tribe that (1) transportation hub. Operators may further require
without slits, exhalation valves, or punctures. requires a person to wear a mask on that persons seeking exemption from the
Medical masks and N–95 respirators fulfill the conveyances; (2) requires a person to requirement to wear a mask request an
requirements of this Order. CDC guidance for accommodation in advance.
attributes of acceptable masks in the context of this
wear a mask at transportation hubs; and 9 This is a narrow exception that includes a
Order is available at: https://www.cdc.gov/ (3) requires conveyances to transport person with a disability who cannot wear a mask
quarantine/masks/mask-travel-guidance.html. only persons wearing masks. Such Continued
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8028 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
• A person for whom wearing a mask least one with evidence of increased numbers of people using masks
would create a risk to workplace health, transmissibility.11 consistently and correctly.
safety, or job duty as determined by the The virus that causes COVID–19 Appropriately worn masks reduce the
relevant workplace safety guidelines or spreads very easily and sustainably spread of COVID–19—particularly given
federal regulations. between people who are in close contact the evidence of pre-symptomatic and
This Order exempts the following with one another (within about 6 feet) asymptomatic transmission of COVID–
categories of conveyances, including mainly through respiratory droplets 19. Seven studies have confirmed the
persons on board such conveyances: produced when an infected person benefit of universal masking in
• Private conveyances operated solely coughs, sneezes, or talks. These droplets community level analyses: in a unified
for personal, non-commercial use; can land in the mouths, eyes, or noses hospital system,17 a German city,18 a
• Commercial motor vehicles or of people who are nearby and possibly U.S. State,19 a panel of 15 U.S. States
trucks as these terms are defined in 49 be inhaled into the lungs. Infected and Washington, DC,20 21 as well as both
CFR 390.5, if the driver is the sole people without symptoms Canada 22 and the United States 23
occupant of the vehicle or truck; (asymptomatic) and those in whom nationally. Each analysis demonstrated
• Conveyances operated or chartered symptoms have not yet developed (pre- that, following directives from
by the U.S. military services provided symptomatic) can also spread the virus. organizational and political leadership
that such conveyance operators observe In general, the more closely an infected for universal masking, new infections
Department of Defense precautions to person interacts with others and the fell significantly. Two of these
prevent the transmission of COVID–19 longer those interactions, the higher the studies 24 25 and an additional analysis
that are equivalent to the precautions in risk of COVID–19 spread. COVID–19 of data from 200 countries that included
this Order. may be transmitted by touching surfaces localities within the United States 26
This Order applies to persons on or objects that have the virus on them also demonstrated reductions in
conveyances and at transportation hubs and then touching one’s own or another
17 Wang X, Ferro EG, Zhou G, Hashimoto D, Bhatt
directly operated by U.S. state, local, person’s eyes, nose, or mouth.
Masks help prevent people who have DL. Association Between Universal Masking in a
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themselves. U.S. state, local, territorial, symptomatic or asymptomatic, from jama.2020.12897. https://www.ncbi.nlm.nih.gov/
or tribal government authorities directly spreading the virus to others.12 Masks pubmed/32663246.
18 Mitze T., Kosfeld R., Rode J., Wälde K. Face
operating conveyances and are primarily intended to reduce the
Masks Considerably Reduce COVID–19 Cases in
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additional federal authorities or actions, they act as source control by blocking IZA—Institute of Labor Economics
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additional measures enforcing the 19 Gallaway MS, Rigler J, Robinson S, et al.
provisions of this Order regarding symptomatic infected wearers who feel Trends in COVID–19 Incidence After
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and at transportation hubs operated by infectiousness to others, and who are January 22-August 7, 2020. MMWR Morb Mortal
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8029
mortality. An economic analysis using Any state or territory without sufficient CoV–2 and people at increased risk for
U.S. data found that, given these effects, mask-wearing requirements for severe illness from the virus. While
increasing universal masking by 15% transportation systems within its vaccines are highly effective at
could prevent the need for lockdowns jurisdiction has not taken adequate preventing severe or symptomatic
and reduce associated losses of up to $1 measures to prevent the spread of COVID–19, at this time there is limited
trillion or about 5% of gross domestic COVID–19 from such state or territory to information on how much the available
product.27 any other state or territory. That COVID–19 vaccines may reduce
Wearing a mask especially helps determination is based on, inter alia, the transmission in the general population
protect those at increased risk of severe rapid and continuing transmission of and how long protection lasts.30
illness from COVID–19 28 and workers the virus across all states and territories Therefore, this mask requirement, as
who frequently come into close contact and across most of the world. well as CDC recommendations to
with other people (e.g., at transportation Furthermore, given how interconnected prevent spread of COVID–19,31
hubs). Masks are most likely to reduce most transportation systems are across additionally apply to vaccinated
the spread of COVID–19 when they are the nation and the world, local persons. Similarly, CDC recommends
widely used by people in public transmission can grow even more that people who have recovered from
settings. Using masks along with other quickly into interstate and international COVID–19 continue to take precautions
preventive measures, including social transmission when infected persons to protect themselves and others,
distancing, frequent handwashing, and travel on non-personal conveyances including wearing masks; 32 therefore,
cleaning and disinfecting frequently without wearing a mask and with others this mask requirement also applies to
touched surfaces, is one of the most who are not wearing masks. people who have recovered from
effective strategies available for Therefore, I have determined that the COVID–19.
reducing COVID–19 transmission. mask-wearing requirements in this ACTION:
Traveling on multi-person Order are reasonably necessary to
conveyances increases a person’s risk of prevent the further introduction, Until further notice, under 42 U.S.C.
getting and spreading COVID–19 by transmission, or spread of COVID–19 264(a) and 42 CFR 70.2, 71.31(b), and
bringing persons in close contact with into the United States and among the 71.32(b), unless excluded or exempted
others, often for prolonged periods, and states and territories. Individuals as set forth in this Order, a person must
exposing them to frequently touched traveling into or departing from the wear a mask while boarding,
surfaces. Air travel often requires United States, traveling interstate, or disembarking, and traveling on any
spending time in security lines and traveling entirely intrastate, conveyance conveyance into or within the United
crowded airport terminals. Social operators that transport such States. A person must also wear a mask
distancing may be difficult if not individuals, and transportation hub at any transportation hub that provides
impossible on flights. People may not be operators that facilitate such transportation within the United States.
Conveyance operators traveling into
able to distance themselves by the transportation, must comply with the
or within the United States may
recommended 6 feet from individuals mask-wearing requirements set forth in
transport only persons wearing masks
seated nearby or those standing in or this Order. and must use best efforts to ensure that
passing through the aircraft’s aisles. America’s transportation systems are
masks are worn when embarking,
Travel by bus, train, vessel, and other essential. Not only are they essential for
disembarking, and throughout the
conveyances used for international, public health, they are also essential for
duration of travel. Operators of
interstate, or intrastate transportation America’s economy and other bedrocks transportation hubs must use best efforts
pose similar challenges. of American life. Those transportation to ensure that any person entering or on
Intrastate transmission of the virus systems carry life-saving medical the premises of the transportation hub
has led to—and continues to lead to— supplies and medical providers into and wears a mask.
interstate and international spread of across the nation to our hospitals, As a condition of receiving controlled
the virus, particularly on public nursing homes, and physicians’ offices. free pratique under 42 CFR 71.31(b) to
conveyances and in travel hubs, where Trains, planes, ships, and automobiles enter a U.S. port, disembark passengers,
passengers who may themselves be bring food and other essentials to our and begin operations at any U.S. port of
traveling only within their state or communities and to our homes. Buses entry, conveyances arriving into the
territory commonly interact with others bring America’s children and teachers to United States must require persons to
traveling between states or territories or school. Buses, trains, and subways, wear masks while boarding,
internationally. Some states, territories, bring America’s workforce to their jobs. disembarking, and for the duration of
Tribes, and local public health Requiring masks on our transportation travel. Conveyance operators must also
authorities have imposed mask-wearing systems will protect Americans and require all persons to wear masks while
requirements within their jurisdictional provide confidence that we can once boarding and for the duration of their
boundaries to protect public health.29 again travel safely even during this travel on board conveyances departing
pandemic. Therefore, requiring masks from the United States until the
27 Hatzius J, Struyven D, Rosenberg I. Face Masks
will help us control this pandemic and conveyance arrives at the foreign
and GDP. Goldman Sachs Research https:// aid in re-opening America’s economy.
www.goldmansachs.com/insights/pages/face- destination, if at any time any of the
masks-and-gdp.html. Accessed January 20, 2021. The United States and countries persons onboard (passengers, crew, or
28 https://www.cdc.gov/coronavirus/2019-ncov/ around the world are currently conveyance operators) will return to the
need-extra-precautions/index.html. embarking on efforts to vaccinate their United States while this Order remains
29 Based on internet sources, 37 states plus DC
populations, starting with healthcare in effect. These travel conditions are
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and Puerto Rico mandate the wearing of masks in personnel and other essential workers at
public. Among the jurisdictions that have imposed
mask mandates, variations in requirements exist. increased risk of exposure to SARS– 30 https://www.cdc.gov/vaccines/covid-19/info-
For example, exemptions for children range in by-product/clinical-considerations.html.
31 https://www.cdc.gov/coronavirus/2019-ncov/
cutoff age from 2 to 12, but masks are generally feet of distance from others. See https://
required in indoor public spaces such as restaurants www.aarp.org/health/healthy-living/info-2020/ prevent-getting-sick/prevention.html.
and stores, on public transit and ride-hailing states-mask-mandates-coronavirus.html (accessed 32 https://www.cdc.gov/coronavirus/2019-ncov/
services, and outdoors when unable to maintain 6 January 28, 2021). hcp/duration-isolation.html.
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8030 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
necessary to mitigate the harm of further the opportunity to comment on this remain in effect unless modified or
introduction of COVID–19 into the Order and the delay in effective date. rescinded based on specific public
United States. Considering the public health health or other considerations, or until
Requiring a properly worn mask is a emergency caused by COVID–19, it the Secretary of Health and Human
reasonable and necessary measure to would be impracticable and contrary to Services rescinds the determination
prevent the introduction, transmission the public’s health, and by extension the under section 319 of the Public Health
and spread of COVID–19 into the United public’s interest, to delay the issuance Service Act (42 U.S.C. 247d) that a
States and among the states and and effective date of this Order. public health emergency exists.
territories under 42 U.S.C. 264(a) and 42 Similarly, the Office of Information and Dated: February 1, 2021.
CFR 71.32(b). Among other benefits, Regulatory Affairs has determined that Sherri Berger,
masks help prevent dispersal of an if this Order were a rule, it would be a
infected person’s respiratory droplets Acting Chief of Staff, Centers for Disease
major rule under the Congressional Control and Prevention.
that carry the virus. That precaution Review Act, but there would not be a
[FR Doc. 2021–02340 Filed 2–1–21; 4:15 pm]
helps prevent droplets from landing in delay in its effective date as the agency
the eye, mouth, or nose or possibly BILLING CODE 4163–18–P
has determined that there would be
being inhaled into the lungs of an good cause to make the requirements
uninfected person, or from landing on a herein effective immediately under the
surface or object that an uninfected APA. DEPARTMENT OF THE INTERIOR
person may then touch and then touch This order is also an economically
his or her own or another’s eyes, nose, Geological Survey
significant regulatory action under
or mouth. Masks also provide some Executive Order 12866 and has [GX20EG31DW50100; OMB Control Number
protection to the wearer by helping therefore been reviewed by the Office of 1028-New]
reduce inhalation of respiratory Information and Regulatory Affairs of
droplets. the Office of Management and Budget. Agency Information Collection
This Order shall not apply within any The agency is proceeding without the Activities; Hydrography Addressing
state, locality, territory, or area under complete analysis required by Executive tool
the jurisdiction of a Tribe, where the Order 12866 under the emergency AGENCY: U.S. Geological Survey,
controlling governmental authority: (1) provisions of 6(a)(3)(D) of that Order. Interior.
Requires a person to wear a mask on If any provision of this Order, or the ACTION: Notice of Information
conveyances; (2) requires a person to application of any provision to any
wear a mask at transportation hubs; and Collection; request for comment.
carriers, conveyances, persons, or
(3) requires conveyances to transport circumstances, shall be held invalid, the SUMMARY: In accordance with the
only persons wearing masks. Those remainder of the provisions, or the Paperwork Reduction Act of 1995, we,
requirements must provide the same application of such provisions to any the U.S. Geological Survey (USGS) are
level of public health protection as—or carriers, conveyances, persons, or proposing a new information collection.
greater protection than—the circumstances other than those to which DATES: Interested persons are invited to
requirements listed herein. it is held invalid, shall remain valid and submit comments on or before April 5,
In accordance with 42 U.S.C. 264(e), in effect. 2021.
state, local, territorial, and tribal To address the COVID–19 public
authorities may impose additional ADDRESSES: Send your comments on
health threat to transportation security, this information collection request (ICR)
requirements that provide greater public this Order shall be enforced by the
health protection and are more by mail to U.S. Geological Survey,
Transportation Security Administration Information Collections Officer, 12201
restrictive than the requirements in this under appropriate statutory and
Order. Consistent with other federal, Sunrise Valley Drive MS 159, Reston,
regulatory authorities including the VA 20192; or by email to gs-info_
state, or local legal requirements, this provisions of 49 U.S.C. 106, 114, 44902,
Order does not preclude operators of collections@usgs.gov. Please reference
44903, and 46301; and 49 CFR part OMB Control Number 1028–xxxx in the
conveyances or transportation hubs 1503, 1540.105, 1542.303, 1544.305 and
from imposing additional requirements, subject line of your comments.
1546.105. FOR FURTHER INFORMATION CONTACT: To
or conditions for carriage, that provide This Order shall be further enforced
greater public health protection and are request additional information about
by other federal authorities and may be
more restrictive than the requirements this ICR, contact Michael Tinker by
enforced by cooperating state and local
in this Order (e.g., requiring a negative email at mdtinker@usgs.gov or by
authorities through the provisions of 18
result from a SARS–CoV–2 viral test or telephone at 303–202–4476.
U.S.C. 3559, 3571; 42 U.S.C. 243, 268,
documentation of recovery from 271; and 42 CFR 70.18 and 71.2.33 SUPPLEMENTARY INFORMATION: In
COVID–19 or imposing requirements for accordance with the Paperwork
social distancing or other recommended EFFECTIVE DATE: Reduction Act of 1995, we provide the
protective measures). This Order shall enter into effect on general public and other Federal
This Order is not a rule within the February 1, 2021, at 11:59 p.m. and will agencies with an opportunity to
meaning of the Administrative comment on new, proposed, revised,
Procedure Act (‘‘APA’’) but rather is an 33 While this Order may be enforced and CDC and continuing collections of
emergency action taken under the reserves the right to enforce through criminal information. This helps us assess the
existing authority of 42 U.S.C. 264(a) penalties, CDC does not intend to rely primarily on impact of our information collection
these criminal penalties but instead strongly
and 42 CFR 70.2, 71.31(b), 71.32(b). In requirements and minimize the public’s
jbell on DSKJLSW7X2PROD with NOTICES
encourages and anticipates widespread voluntary
the event that a court determines this compliance as well as support from other federal reporting burden. It also helps the
Order qualifies as a rule under the APA, agencies in implementing additional civil measures public understand our information
notice and comment and a delay in enforcing the provisions of this Order, to the extent collection requirements and provide the
permitted by law and consistent with President
effective date are not required because Biden’s Executive Order of January 21, 2021 requested data in the desired format.
there is good cause to dispense with (Promoting COVID–19 Safety in Domestic and We are soliciting comments on the
prior public notice and comment and International Travel). proposed ICR that is described below.
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