Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 8025-8030 [2021-02340]
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
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The rapidly changing nature of the
pandemic requires not only that CDC act
swiftly, but also deftly to ensure that its
actions are commensurate with the
threat. This necessarily involves
assessing evolving conditions that
inform CDC’s determinations.
The conditions that existed on
September 4, 2020 have only worsened.
As of January 21, 2021, there have been
over 24,400,000 cases and over 400,000
deaths. Data collected by Princeton
University show that eviction filings are
occurring; it is therefore expected that
large numbers of evictions would be
processed if the Order were to expire.
[https://evictionlab.org/evictiontracking]. Without this Order, there is
every reason to expect that evictions
will increase significantly, resulting in
further spread of COVID–19. It is
imperative is to act quickly to protect
the public health, and it would be
impracticable and contrary to the public
interest to delay the issuance and
effective date of the Order pending
notice-and-comment rulemaking.
Similarly, if this Order qualifies as a
rule under the APA, the Office of
Information and Regulatory Affairs
(OIRA) has determined that it would be
a major rule under the Congressional
Review Act (CRA). But there would not
be a delay in its effective date. The
agency has determined that for the same
reasons, there would be good cause
under the CRA to make the
requirements herein effective
immediately
If any provision of this Order, or the
application of any provision to any
persons, entities, or circumstances, shall
be held invalid, the remainder of the
provisions, or the application of such
provisions to any persons, entities, or
circumstances other than those to which
it is held invalid, shall remain valid and
in effect.
This Order shall be enforced by
federal authorities and cooperating state
and local authorities through the
provisions of 18 U.S.C. 3559, 3571; 42
U.S.C. 243, 268, 271; and 42 CFR 70.18.
However, this Order has no effect on the
contractual obligations of renters to pay
rent and shall not preclude charging or
collecting fees, penalties, or interest as
a result of the failure to pay rent or other
housing payment on a timely basis,
under the terms of any applicable
contract.
Criminal Penalties
Under 18 U.S.C. 3559, 3571; 42 U.S.C.
271; and 42 CFR 70.18, a person
violating this Order may be subject to a
fine of no more than $100,000 if the
violation does not result in a death, or
a fine of no more than $250,000 if the
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violation results in a death, or as
otherwise provided by law. An
organization violating this Order may be
subject to a fine of no more than
$200,000 per event if the violation does
not result in a death or $500,000 per
event if the violation results in a death
or as otherwise provided by law. The
U.S. Department of Justice may initiate
criminal proceedings as appropriate
seeking imposition of these criminal
penalties.
Notice to Cooperating State and Local
Officials
Under 42 U.S.C. 243, the U.S.
Department of Health and Human
Services is authorized to cooperate with
and aid state and local authorities in the
enforcement of their quarantine and
other health regulations and to accept
state and local assistance in the
enforcement of Federal quarantine rules
and regulations, including in the
enforcement of this Order.
Notice of Available Federal Resources
While this Order to prevent eviction
is effectuated to protect the public
health, the states and units of local
government are reminded that the
Federal Government has deployed
unprecedented resources to address the
pandemic, including housing assistance.
The Department of Housing and
Urban Development (HUD) has
informed CDC that all HUD grantees—
states, cities, communities, and
nonprofits—who received Emergency
Solutions Grants (ESG) or Community
Development Block Grant (CDBG) funds
under the CARES Act may use these
funds to provide temporary rental
assistance, homelessness prevention, or
other aid to individuals who are
experiencing financial hardship because
of the pandemic and are at risk of being
evicted, consistent with applicable laws,
regulations, and guidance.
HUD has further informed CDC that:
HUD’s grantees and partners play a
critical role in prioritizing efforts to
support this goal. As grantees decide
how to deploy CDBG–CV and ESG–CV
funds provided by the CARES Act, all
communities should assess what
resources have already been allocated to
prevent evictions and homelessness
through temporary rental assistance and
homelessness prevention, particularly to
the most vulnerable households.
HUD stands at the ready to support
American communities take these steps
to reduce the spread of COVID–19 and
maintain economic prosperity. Where
gaps are identified, grantees should
coordinate across available Federal,
non-Federal, and philanthropic funds to
ensure these critical needs are
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sufficiently addressed and utilize HUD
’s technical assistance to design and
implement programs to support a
coordinated response to eviction
prevention needs. For program support,
including technical assistance, please
visit www.hudexchange.info/programsupport. For further information on
HUD resources, tools, and guidance
available to respond to the COVID–19
pandemic, state and local officials are
directed to visit https://www.hud.gov/
coronavirus. These tools include
toolkits for Public Housing Authorities
and Housing Choice Voucher landlords
related to housing stability and eviction
prevention, as well as similar guidance
for owners and renters in HUD-assisted
multifamily properties.
Similarly, the Department of the
Treasury has informed CDC that the
funds allocated through the Coronavirus
Relief Fund and the Emergency Rental
Assistance Program may be used to fund
rental assistance programs to prevent
eviction. Visit https://
home.treasury.gov/policy-issues/cares/
state-and-local-governments for more
information about the Coronavirus
Relief Fund and https://
home.treasury.gov/policy-issues/cares/
emergency-rental-assistance-program
for more information about the
Emergency Rental Assistance Program..
Effective Date
This Order is effective on January 31,
2021 and will remain in effect, unless
extended, modified, or rescinded,
through March 31, 2021.
Authority
The authority for this Order is Section
361 of the Public Health Service Act (42
U.S.C. 264) and 42 CFR 70.2.
Dated: January 29, 2021.
Sherri Berger
Acting Chief of Staff, Centers for Disease
Control and Prevention.
[FR Doc. 2021–02243 Filed 1–29–21; 4:15 pm]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Requirement for Persons To Wear
Masks While on Conveyances and at
Transportation Hubs
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
AGENCY:
ACTION:
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Notice of Agency Order.
03FEN1
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
The Centers for Disease
Control and Prevention (CDC), a
component of the U.S. Department of
Health and Human Services (HHS),
announces an Agency Order requiring
persons to wear masks over the mouth
and nose when traveling on any
conveyance (e.g., airplanes, trains,
subways, buses, taxis, ride-shares,
ferries, ships, trolleys, and cable cars)
into or within the United States. A
person must also wear a mask on any
conveyance departing from the United
States until the conveyance reaches its
foreign destination. Additionally, a
person must wear a mask while at any
transportation hub within the United
States (e.g., airport, bus terminal,
marina, train station, seaport or other
port, subway station, or any other area
that provides transportation within the
United States). Furthermore, operators
of conveyances and transportation hubs
must use best efforts to ensure that
persons wear masks as required by this
Order.
DATES: This Order takes effect at 11:59
p.m. Monday February 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Jennifer Buigut, Division of Global
Migration and Quarantine, Centers for
Disease Control and Prevention, 1600
Clifton Road NE, MS H16–4, Atlanta,
GA 30329. Email: dgmqpolicyoffice@
cdc.gov.
SUPPLEMENTARY INFORMATION: The virus
that causes COVID–19 spreads very
easily and sustainably between people
who are in close contact with one
another (within about 6 feet) mainly
through respiratory droplets produced
when an infected person coughs,
sneezes, or talks. These droplets can
land in the mouths, eyes, or noses of
people who are nearby and possibly be
inhaled into the lungs. Some people
without symptoms also spread the virus.
In general, the more closely a person
interacts with others and the longer that
interaction, the higher the risk of
COVID–19 spread.
This Order is issued to preserve
human life; maintain a safe and
operating transportation system;
mitigate the further introduction,
transmission, and spread of COVID–19
into the United States and from one
state or territory into any other state or
territory; and support response efforts to
COVID–19 at the Federal, state, local,
territorial, and tribal level.
Appropriately worn masks reduce the
spread of COVID–19—particularly given
the evidence of pre-symptomatic and
asymptomatic transmission of COVID–
19. Masks are most likely to reduce the
spread of COVID–19 when they are
widely used by people in public
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SUMMARY:
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settings. Using masks along with other
preventive measures, including social
distancing, frequent handwashing, and
cleaning and disinfecting frequently
touched surfaces, is one of the most
effective strategies available for
reducing COVID–19 transmission.
This Order will remain in effect
unless modified or rescinded based on
specific public health or other
considerations, or until the Secretary of
Health and Human Services rescinds the
determination under section 319 of the
Public Health Service Act (42 U.S.C.
247d) that a public health emergency
exists.
A copy of the Order is provided below
and a copy of the signed order can be
found at https://www.cdc.gov/
quarantine/masks/mask-travelguidance.html
CENTERS FOR DISEASE CONTROL
AND PREVENTION
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
ORDER UNDER SECTION 361
OF THE PUBLIC HEALTH SERVICE
ACT (42 U.S.C. 264)
AND 42 CODE OF FEDERAL
REGULATIONS 70.2, 71.31(b), 71.32(b)
REQUIREMENT FOR PERSONS TO
WEAR MASKS
WHILE ON CONVEYANCES AND AT
TRANSPORTATION HUBS
SUMMARY:
Notice and Order; and subject to the
limitations under ‘‘Applicability,’’
pursuant to 42 U.S.C. 264(a) and 42 CFR
70.2, 71.31(b), and 71.32(b):
(1) Persons 1 must wear 2 masks over
the mouth and nose when traveling on
conveyances into and within the United
States. Persons must also wear masks at
transportation hubs as defined in this
Order.
(2) A conveyance operator
transporting persons into and within the
United States 3 must require all persons
onboard to wear masks for the duration
of travel.
(3) A conveyance operators operating
a conveyance arriving at or departing
from a U.S. port of entry must require
all persons on board to wear masks for
1 As used in this Order, ‘‘persons’’ includes
travelers (i.e., passengers and crew), conveyance
operators, and any workers or service providers in
the transportation hub.
2 To ‘‘wear a mask’’ means to wear a mask over
the nose and mouth.
3 This includes international, interstate, or
intrastate waterways, subject to the jurisdiction of
the United States.
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the duration of travel as a condition of
controlled free pratique.4
(4) Conveyance operators must use
best efforts to ensure that any person on
the conveyance wears a mask when
boarding, disembarking, and for the
duration of travel. Best efforts include:
• Boarding only those persons who
wear masks;
• instructing persons that Federal law
requires wearing a mask on the
conveyance and failure to comply
constitutes a violation of Federal law;
• monitoring persons onboard the
conveyance for anyone who is not
wearing a mask and seeking compliance
from such persons;
• at the earliest opportunity,
disembarking any person who refuses to
comply; and
• providing persons with prominent
and adequate notice to facilitate
awareness and compliance of the
requirement of this Order to wear a
mask; best practices may include, if
feasible, advance notifications on digital
platforms, such as on apps, websites, or
email; posted signage in multiple
languages with illustrations; printing
the requirement on transit tickets; or
other methods as appropriate.
(5) Operators of transportation hubs
must use best efforts to ensure that any
person entering or on the premises of
the transportation hub wears a mask.
Best efforts include:
• Allowing entry only to those
persons who wear masks;
• instructing persons that Federal law
requires wearing a mask in the
transportation hub and failure to
comply constitutes a violation of
Federal law;
• monitoring persons on the premises
of the transportation hub for anyone
who is not wearing a mask and seeking
compliance from such persons;
• at the earliest opportunity,
removing any person who refuses to
comply from the premises of the
transportation hub; and
• providing persons with prominent
and adequate notice to facilitate
awareness and compliance with the
requirement of this Order to wear a
mask; best practices may include, if
feasible, advance notifications on digital
platforms, such as on apps, websites, or
4 As a condition of this controlled free pratique
to commence or continue operations in the United
States, conveyance operators must additionally
require all persons to wear masks on board
conveyances departing from the United States and
for the duration of their travel until the conveyance
arrives at the foreign destination if at any time any
of the persons on the conveyance (passengers, crew,
or conveyance operators) will return to the United
States while this Order remains in effect. This
precaution must be followed regardless of
scheduled itinerary.
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
email; posted signage in multiple
languages with illustrations; printing
the requirement on transit tickets; or
other methods as appropriate.
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DEFINITIONS:
Controlled free pratique shall have the
same definition as under 42 CFR 71.1,
meaning ‘‘permission for a carrier to
enter a U.S. port, disembark, and begin
operation under certain stipulated
conditions.’’
Conveyance shall have the same
definition as under 42 CFR 70.1,
meaning ‘‘an aircraft, train, road
vehicle,5 vessel . . . or other means of
transport, including military.’’ Included
in the definition of ‘‘conveyance’’ is the
term ‘‘carrier’’ which under 42 CFR 71.1
has the same definition as conveyance
under 42 CFR 70.1.
Conveyance operator means an
individual operating a conveyance and
an individual or organization causing or
authorizing the operation of a
conveyance.
Mask means a material covering the
nose and mouth of the wearer,
excluding face shields.6
Interstate traffic shall have the same
definition as under 42 CFR 70.1,
meaning
‘‘(1):
(i) The movement of any conveyance
or the transportation of persons or
property, including any portion of such
movement or transportation that is
entirely within a state or possession—
(ii) From a point of origin in any state
or possession to a point of destination
in any other state or possession; or
(iii) Between a point of origin and a
point of destination in the same state or
possession but through any other state,
possession, or contiguous foreign
country.
(2) Interstate traffic does not include
the following:
(i) The movement of any conveyance
which is solely for the purpose of
unloading persons or property
transported from a foreign country or
loading persons or property for
transportation to a foreign country.
5 This includes rideshares meaning arrangements
where passengers travel in a privately owned road
vehicle driven by its owner in connection with a
fee or service.
6 A properly worn mask completely covers the
nose and mouth of the wearer. A mask should be
secured to the head, including with ties or ear
loops. A mask should fit snugly but comfortably
against the side of the face. Masks do not include
face shields. Masks can be either manufactured or
homemade and should be a solid piece of material
without slits, exhalation valves, or punctures.
Medical masks and N–95 respirators fulfill the
requirements of this Order. CDC guidance for
attributes of acceptable masks in the context of this
Order is available at: https://www.cdc.gov/
quarantine/masks/mask-travel-guidance.html.
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(ii) The movement of any conveyance
which is solely for the purpose of
effecting its repair, reconstruction,
rehabilitation, or storage.’’
Intrastate traffic means the movement
of any conveyance or the transportation
or movement of persons occurring
solely within the boundaries of a state
or territory, or on tribal land.
Possession shall have the same
definition as under 42 CFR 70.1 and
71.1, meaning a ‘‘U.S. territory.’’
State shall have the same definition as
under 42 CFR 70.1, meaning ‘‘any of the
50 states, plus the District of Columbia.’’
Territory shall have the same
definition as ‘‘U.S. territory’’ under 42
CFR 70.1 and 71.1, meaning ‘‘any
territory (also known as possessions) of
the United States, including American
Samoa, Guam, the [Commonwealth of
the] Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the
U.S. Virgin Islands.’’
Transportation hub means any
airport, bus terminal, marina, seaport or
other port, subway station, terminal
(including any fixed facility at which
passengers are picked-up or discharged),
train station, U.S. port of entry, or any
other location that provides
transportation subject to the jurisdiction
of the United States.
Transportation hub operator means
an individual operating a transportation
hub and an individual or organization
causing or authorizing the operation of
a transportation hub.
U.S. port shall have the same
definition as under 42 CFR 71.1,
meaning any ‘‘seaport, airport, or border
crossing point under the control of the
United States.’’
STATEMENT OF INTENT:
This Order shall be interpreted and
implemented in a manner as to achieve
the following objectives:
• Preservation of human life;
• Maintaining a safe and secure
operating transportation system;
• Mitigating the further introduction,
transmission, and spread of COVID–19
into the United States and from one
state or territory into any other state or
territory; and
• Supporting response efforts to
COVID–19 at the Federal, state, local,
territorial, and tribal levels.
APPLICABILITY:
This Order shall not apply within any
state, locality, territory, or area under
the jurisdiction of a Tribe that (1)
requires a person to wear a mask on
conveyances; (2) requires a person to
wear a mask at transportation hubs; and
(3) requires conveyances to transport
only persons wearing masks. Such
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requirements must provide the same
level of public health protection as—or
greater protection than—the
requirements listed herein.
In addition, the requirement to wear
a mask shall not apply under the
following circumstances:
• While eating, drinking, or taking
medication, for brief periods;
• While communicating with a
person who is hearing impaired when
the ability to see the mouth is essential
for communication;
• If, on an aircraft, wearing of oxygen
masks is needed because of loss of cabin
pressure or other event affecting aircraft
ventilation;
• If unconscious (for reasons other
than sleeping), incapacitated, unable to
be awakened, or otherwise unable to
remove the mask without assistance; 7 or
• When necessary to temporarily
remove the mask to verify one’s identity
such as during Transportation Security
Administration screening or when asked
to do so by the ticket or gate agent or
any law enforcement official.
This Order exempts the following
categories of persons: 8
• A child under the age of 2 years;
• A person with a disability who
cannot wear a mask, or cannot safely
wear a mask, because of the disability as
defined by the Americans with
Disabilities Act (42 U.S.C. 12101 et
seq.).9
7 Persons who are experiencing difficulty
breathing or shortness of breath or are feeling
winded may remove the mask temporarily until
able to resume normal breathing with the mask.
Persons who are vomiting should remove the mask
until vomiting ceases. Persons with acute illness
may remove the mask if it interferes with necessary
medical care such as supplemental oxygen
administered via an oxygen mask.
8 Operators of conveyances or transportation hubs
may impose requirements, or conditions for
carriage, on persons requesting an exemption from
the requirement to wear a mask, including medical
consultation by a third party, medical
documentation by a licensed medical provider,
and/or other information as determined by the
operator, as well as require evidence that the person
does not have COVID–19 such as a negative result
from a SARS–CoV–2 viral test or documentation of
recovery from COVID–19. CDC definitions for
SARS-CoV–2 viral test and documentation of
recovery are available in the Frequently Asked
Questions at: https://www.cdc.gov/coronavirus/
2019-ncov/travelers/testing-international-airtravelers.html. Operators may also impose
additional protective measures that improve the
ability of a person eligible for exemption to
maintain social distance (separation from others by
6 feet), such as scheduling travel at less crowded
times or on less crowded conveyances, or seating
or otherwise situating the individual in a less
crowded section of the conveyance or
transportation hub. Operators may further require
that persons seeking exemption from the
requirement to wear a mask request an
accommodation in advance.
9 This is a narrow exception that includes a
person with a disability who cannot wear a mask
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
• A person for whom wearing a mask
would create a risk to workplace health,
safety, or job duty as determined by the
relevant workplace safety guidelines or
federal regulations.
This Order exempts the following
categories of conveyances, including
persons on board such conveyances:
• Private conveyances operated solely
for personal, non-commercial use;
• Commercial motor vehicles or
trucks as these terms are defined in 49
CFR 390.5, if the driver is the sole
occupant of the vehicle or truck;
• Conveyances operated or chartered
by the U.S. military services provided
that such conveyance operators observe
Department of Defense precautions to
prevent the transmission of COVID–19
that are equivalent to the precautions in
this Order.
This Order applies to persons on
conveyances and at transportation hubs
directly operated by U.S. state, local,
territorial, or tribal government
authorities, as well as the operators
themselves. U.S. state, local, territorial,
or tribal government authorities directly
operating conveyances and
transportation hubs may be subject to
additional federal authorities or actions,
and are encouraged to implement
additional measures enforcing the
provisions of this Order regarding
persons traveling onboard conveyances
and at transportation hubs operated by
these government entities.
To the extent permitted by law, and
consistent with President Biden’s
Executive Order of January 21, 2021
(Promoting COVID–19 Safety in
Domestic and International Travel),10
Federal agencies are required to
implement additional measures
enforcing the provisions of this Order.
BACKGROUND:
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There is currently a pandemic of
respiratory disease (coronavirus disease
2019 or ‘‘COVID–19’’) caused by a novel
coronavirus (SARS–COV–2). As of
January 27, 2021, there have been
99,638,507 confirmed cases of COVID–
19 globally, resulting in more than
2,141,000 deaths. As of January 27,
2021, there have been over 25,000,000
cases identified in the United States and
over 415,000 deaths due to the disease.
New SARS–CoV–2 variants have
emerged in recent weeks, including at
for reasons related to the disability. CDC will issue
additional guidance regarding persons who cannot
wear a mask under this exemption. https://
www.cdc.gov/quarantine/masks/mask-travelguidance.html.
10 https://www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/21/executive-orderpromoting-covid-19-safety-in-domestic-andinternational-travel/.
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least one with evidence of increased
transmissibility.11
The virus that causes COVID–19
spreads very easily and sustainably
between people who are in close contact
with one another (within about 6 feet)
mainly through respiratory droplets
produced when an infected person
coughs, sneezes, or talks. These droplets
can land in the mouths, eyes, or noses
of people who are nearby and possibly
be inhaled into the lungs. Infected
people without symptoms
(asymptomatic) and those in whom
symptoms have not yet developed (presymptomatic) can also spread the virus.
In general, the more closely an infected
person interacts with others and the
longer those interactions, the higher the
risk of COVID–19 spread. COVID–19
may be transmitted by touching surfaces
or objects that have the virus on them
and then touching one’s own or another
person’s eyes, nose, or mouth.
Masks help prevent people who have
COVID–19, including those who are presymptomatic or asymptomatic, from
spreading the virus to others.12 Masks
are primarily intended to reduce the
emission of virus-laden droplets, i.e.,
they act as source control by blocking
exhaled virus.13 This is especially
relevant for asymptomatic or presymptomatic infected wearers who feel
well and may be unaware of their
infectiousness to others, and who are
estimated to account for more than 50%
of transmissions.14 15 Masks also provide
personal protection to the wearer by
reducing inhalation of these droplets,
i.e., they reduce wearers’ exposure
through filtration.16 The community
benefit of wearing masks for SARS–
CoV–2 control is due to the combination
of these effects; individual prevention
benefit increases with increasing
11 https://www.cdc.gov/coronavirus/2019-ncov/
more/science-and-research/scientific-briefemerging-variants.html.
12 https://www.cdc.gov/coronavirus/2019-ncov/
more/masking-science-sars-cov2.html.
13 Leung NHL, Chu DKW, Shiu EYC, et al.
Respiratory virus shedding in exhaled breath and
efficacy of face masks. Nature Medicine.
2020;26(5):676–680.https://dx.doi.org/10.1038/
s41591-020-0843-2.
14 Moghadas SM, Fitzpatrick MC, Sah P, et al. The
implications of silent transmission for the control
of COVID–19 outbreaks. Proc Natl Acad Sci U S A.
2020;117(30):17513–17515.10.1073/
pnas.2008373117. https://www.ncbi.nlm.nih.gov/
pubmed/32632012.
15 Johansson MA, Quandelacy TM, Kada S, et al.
SARS–CoV–2 Transmission From People Without
COVID–19 Symptoms. Johansson MA, et al. JAMA
Netw Open. 2021 Jan 4;4(1):e2035057. doi: 10.1001/
jamanetworkopen.2020.35057.
16 Ueki H, Furusawa Y, Iwatsuki-Horimoto K, et
al. Effectiveness of Face Masks in Preventing
Airborne Transmission of SARS–CoV–2. mSphere.
2020;5(5).10.1128/mSphere.00637–20. https://
www.ncbi.nlm.nih.gov/pubmed/33087517.
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numbers of people using masks
consistently and correctly.
Appropriately worn masks reduce the
spread of COVID–19—particularly given
the evidence of pre-symptomatic and
asymptomatic transmission of COVID–
19. Seven studies have confirmed the
benefit of universal masking in
community level analyses: in a unified
hospital system,17 a German city,18 a
U.S. State,19 a panel of 15 U.S. States
and Washington, DC,20 21 as well as both
Canada 22 and the United States 23
nationally. Each analysis demonstrated
that, following directives from
organizational and political leadership
for universal masking, new infections
fell significantly. Two of these
studies 24 25 and an additional analysis
of data from 200 countries that included
localities within the United States 26
also demonstrated reductions in
17 Wang X, Ferro EG, Zhou G, Hashimoto D, Bhatt
DL. Association Between Universal Masking in a
Health Care System and SARS–CoV–2 Positivity
Among Health Care Workers. JAMA. 2020.10.1001/
jama.2020.12897. https://www.ncbi.nlm.nih.gov/
pubmed/32663246.
18 Mitze T., Kosfeld R., Rode J., Wa
¨ lde K. Face
Masks Considerably Reduce COVID–19 Cases in
Germany: A Synthetic Control Method Approach.
IZA—Institute of Labor Economics
(Germany);2020.ISSN: 2365–9793, DP No. 13319.
https://ftp.iza.org/dp13319.pdf.
19 Gallaway MS, Rigler J, Robinson S, et al.
Trends in COVID–19 Incidence After
Implementation of Mitigation Measures—Arizona,
January 22-August 7, 2020. MMWR Morb Mortal
Wkly Rep. 2020;69(40):1460–1463.10.15585/
mmwr.mm6940e3. https://www.ncbi.nlm.nih.gov/
pubmed/33031366.
20 Lyu W, Wehby GL. Community Use Of Face
Masks And COVID–19: Evidence From A Natural
Experiment Of State Mandates In The US. Health
Aff (Millwood). 2020;39(8):1419–1425.10.1377/
hlthaff.2020.00818. https://www.ncbi.nlm.nih.gov/
pubmed/32543923.
21 Hatzius J, Struyven D, Rosenberg I. Face Masks
and GDP. Goldman Sachs Research https://
www.goldmansachs.com/insights/pages/facemasks-and-gdp.html. Accessed January 20, 2021.
22 Karaivanov A., Lu SE, Shigeoka H., Chen C.,
Pamplona S. Face Masks, Public Policies and
Slowing the Spread of Covid–19: Evidence from
Canada National Bureau of Economic Research
2020. Working Paper 27891. https://www.nber.org/
papers/w27891.
23 Chernozhukov V, Kasahara H, Schrimpf P.
Causal Impact of Masks, Policies, Behavior on Early
Covid–19 Pandemic in the U.S. J Econom. 2021
Jan;220(1):23–62. doi: 10.1016/
j.jeconom.2020.09.003. Epub 2020 Oct 17.
24 Hatzius J, Struyven D, Rosenberg I. Face Masks
and GDP. Goldman Sachs Research https://
www.goldmansachs.com/insights/pages/facemasks-and-gdp.html. Accessed January 20, 2021.
25 Chernozhukov V, Kasahara H, Schrimpf P.
Causal Impact of Masks, Policies, Behavior on Early
Covid–19 Pandemic in the U.S. J Econom. 2021
Jan;220(1):23–62. doi: 10.1016/
j.jeconom.2020.09.003. Epub 2020 Oct 17.
26 Leffler CT, Ing EB, Lykins JD, Hogan MC,
McKeown CA, Grzybowski A. Association of
country-wide coronavirus mortality with
demographics, testing, lockdowns, and public
wearing of masks. Am J Trop Med Hyg. 2020
Dec;103(6):2400–2411. doi: 10.4269/ajtmh.20–1015.
Epub 2020 Oct 26.
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mortality. An economic analysis using
U.S. data found that, given these effects,
increasing universal masking by 15%
could prevent the need for lockdowns
and reduce associated losses of up to $1
trillion or about 5% of gross domestic
product.27
Wearing a mask especially helps
protect those at increased risk of severe
illness from COVID–19 28 and workers
who frequently come into close contact
with other people (e.g., at transportation
hubs). Masks are most likely to reduce
the spread of COVID–19 when they are
widely used by people in public
settings. Using masks along with other
preventive measures, including social
distancing, frequent handwashing, and
cleaning and disinfecting frequently
touched surfaces, is one of the most
effective strategies available for
reducing COVID–19 transmission.
Traveling on multi-person
conveyances increases a person’s risk of
getting and spreading COVID–19 by
bringing persons in close contact with
others, often for prolonged periods, and
exposing them to frequently touched
surfaces. Air travel often requires
spending time in security lines and
crowded airport terminals. Social
distancing may be difficult if not
impossible on flights. People may not be
able to distance themselves by the
recommended 6 feet from individuals
seated nearby or those standing in or
passing through the aircraft’s aisles.
Travel by bus, train, vessel, and other
conveyances used for international,
interstate, or intrastate transportation
pose similar challenges.
Intrastate transmission of the virus
has led to—and continues to lead to—
interstate and international spread of
the virus, particularly on public
conveyances and in travel hubs, where
passengers who may themselves be
traveling only within their state or
territory commonly interact with others
traveling between states or territories or
internationally. Some states, territories,
Tribes, and local public health
authorities have imposed mask-wearing
requirements within their jurisdictional
boundaries to protect public health.29
27 Hatzius J, Struyven D, Rosenberg I. Face Masks
and GDP. Goldman Sachs Research https://
www.goldmansachs.com/insights/pages/facemasks-and-gdp.html. Accessed January 20, 2021.
28 https://www.cdc.gov/coronavirus/2019-ncov/
need-extra-precautions/.
29 Based on internet sources, 37 states plus DC
and Puerto Rico mandate the wearing of masks in
public. Among the jurisdictions that have imposed
mask mandates, variations in requirements exist.
For example, exemptions for children range in
cutoff age from 2 to 12, but masks are generally
required in indoor public spaces such as restaurants
and stores, on public transit and ride-hailing
services, and outdoors when unable to maintain 6
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Any state or territory without sufficient
mask-wearing requirements for
transportation systems within its
jurisdiction has not taken adequate
measures to prevent the spread of
COVID–19 from such state or territory to
any other state or territory. That
determination is based on, inter alia, the
rapid and continuing transmission of
the virus across all states and territories
and across most of the world.
Furthermore, given how interconnected
most transportation systems are across
the nation and the world, local
transmission can grow even more
quickly into interstate and international
transmission when infected persons
travel on non-personal conveyances
without wearing a mask and with others
who are not wearing masks.
Therefore, I have determined that the
mask-wearing requirements in this
Order are reasonably necessary to
prevent the further introduction,
transmission, or spread of COVID–19
into the United States and among the
states and territories. Individuals
traveling into or departing from the
United States, traveling interstate, or
traveling entirely intrastate, conveyance
operators that transport such
individuals, and transportation hub
operators that facilitate such
transportation, must comply with the
mask-wearing requirements set forth in
this Order.
America’s transportation systems are
essential. Not only are they essential for
public health, they are also essential for
America’s economy and other bedrocks
of American life. Those transportation
systems carry life-saving medical
supplies and medical providers into and
across the nation to our hospitals,
nursing homes, and physicians’ offices.
Trains, planes, ships, and automobiles
bring food and other essentials to our
communities and to our homes. Buses
bring America’s children and teachers to
school. Buses, trains, and subways,
bring America’s workforce to their jobs.
Requiring masks on our transportation
systems will protect Americans and
provide confidence that we can once
again travel safely even during this
pandemic. Therefore, requiring masks
will help us control this pandemic and
aid in re-opening America’s economy.
The United States and countries
around the world are currently
embarking on efforts to vaccinate their
populations, starting with healthcare
personnel and other essential workers at
increased risk of exposure to SARS–
feet of distance from others. See https://
www.aarp.org/health/healthy-living/info-2020/
states-mask-mandates-coronavirus.html (accessed
January 28, 2021).
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8029
CoV–2 and people at increased risk for
severe illness from the virus. While
vaccines are highly effective at
preventing severe or symptomatic
COVID–19, at this time there is limited
information on how much the available
COVID–19 vaccines may reduce
transmission in the general population
and how long protection lasts.30
Therefore, this mask requirement, as
well as CDC recommendations to
prevent spread of COVID–19,31
additionally apply to vaccinated
persons. Similarly, CDC recommends
that people who have recovered from
COVID–19 continue to take precautions
to protect themselves and others,
including wearing masks; 32 therefore,
this mask requirement also applies to
people who have recovered from
COVID–19.
ACTION:
Until further notice, under 42 U.S.C.
264(a) and 42 CFR 70.2, 71.31(b), and
71.32(b), unless excluded or exempted
as set forth in this Order, a person must
wear a mask while boarding,
disembarking, and traveling on any
conveyance into or within the United
States. A person must also wear a mask
at any transportation hub that provides
transportation within the United States.
Conveyance operators traveling into
or within the United States may
transport only persons wearing masks
and must use best efforts to ensure that
masks are worn when embarking,
disembarking, and throughout the
duration of travel. Operators of
transportation hubs must use best efforts
to ensure that any person entering or on
the premises of the transportation hub
wears a mask.
As a condition of receiving controlled
free pratique under 42 CFR 71.31(b) to
enter a U.S. port, disembark passengers,
and begin operations at any U.S. port of
entry, conveyances arriving into the
United States must require persons to
wear masks while boarding,
disembarking, and for the duration of
travel. Conveyance operators must also
require all persons to wear masks while
boarding and for the duration of their
travel on board conveyances departing
from the United States until the
conveyance arrives at the foreign
destination, if at any time any of the
persons onboard (passengers, crew, or
conveyance operators) will return to the
United States while this Order remains
in effect. These travel conditions are
30 https://www.cdc.gov/vaccines/covid-19/infoby-product/clinical-considerations.html.
31 https://www.cdc.gov/coronavirus/2019-ncov/
prevent-getting-sick/prevention.html.
32 https://www.cdc.gov/coronavirus/2019-ncov/
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
introduction of COVID–19 into the
United States.
Requiring a properly worn mask is a
reasonable and necessary measure to
prevent the introduction, transmission
and spread of COVID–19 into the United
States and among the states and
territories under 42 U.S.C. 264(a) and 42
CFR 71.32(b). Among other benefits,
masks help prevent dispersal of an
infected person’s respiratory droplets
that carry the virus. That precaution
helps prevent droplets from landing in
the eye, mouth, or nose or possibly
being inhaled into the lungs of an
uninfected person, or from landing on a
surface or object that an uninfected
person may then touch and then touch
his or her own or another’s eyes, nose,
or mouth. Masks also provide some
protection to the wearer by helping
reduce inhalation of respiratory
droplets.
This Order shall not apply within any
state, locality, territory, or area under
the jurisdiction of a Tribe, where the
controlling governmental authority: (1)
Requires a person to wear a mask on
conveyances; (2) requires a person to
wear a mask at transportation hubs; and
(3) requires conveyances to transport
only persons wearing masks. Those
requirements must provide the same
level of public health protection as—or
greater protection than—the
requirements listed herein.
In accordance with 42 U.S.C. 264(e),
state, local, territorial, and tribal
authorities may impose additional
requirements that provide greater public
health protection and are more
restrictive than the requirements in this
Order. Consistent with other federal,
state, or local legal requirements, this
Order does not preclude operators of
conveyances or transportation hubs
from imposing additional requirements,
or conditions for carriage, that provide
greater public health protection and are
more restrictive than the requirements
in this Order (e.g., requiring a negative
result from a SARS–CoV–2 viral test or
documentation of recovery from
COVID–19 or imposing requirements for
social distancing or other recommended
protective measures).
This Order is not a rule within the
meaning of the Administrative
Procedure Act (‘‘APA’’) but rather is an
emergency action taken under the
existing authority of 42 U.S.C. 264(a)
and 42 CFR 70.2, 71.31(b), 71.32(b). In
the event that a court determines this
Order qualifies as a rule under the APA,
notice and comment and a delay in
effective date are not required because
there is good cause to dispense with
prior public notice and comment and
VerDate Sep<11>2014
17:21 Feb 02, 2021
Jkt 253001
the opportunity to comment on this
Order and the delay in effective date.
Considering the public health
emergency caused by COVID–19, it
would be impracticable and contrary to
the public’s health, and by extension the
public’s interest, to delay the issuance
and effective date of this Order.
Similarly, the Office of Information and
Regulatory Affairs has determined that
if this Order were a rule, it would be a
major rule under the Congressional
Review Act, but there would not be a
delay in its effective date as the agency
has determined that there would be
good cause to make the requirements
herein effective immediately under the
APA.
This order is also an economically
significant regulatory action under
Executive Order 12866 and has
therefore been reviewed by the Office of
Information and Regulatory Affairs of
the Office of Management and Budget.
The agency is proceeding without the
complete analysis required by Executive
Order 12866 under the emergency
provisions of 6(a)(3)(D) of that Order.
If any provision of this Order, or the
application of any provision to any
carriers, conveyances, persons, or
circumstances, shall be held invalid, the
remainder of the provisions, or the
application of such provisions to any
carriers, conveyances, persons, or
circumstances other than those to which
it is held invalid, shall remain valid and
in effect.
To address the COVID–19 public
health threat to transportation security,
this Order shall be enforced by the
Transportation Security Administration
under appropriate statutory and
regulatory authorities including the
provisions of 49 U.S.C. 106, 114, 44902,
44903, and 46301; and 49 CFR part
1503, 1540.105, 1542.303, 1544.305 and
1546.105.
This Order shall be further enforced
by other federal authorities and may be
enforced by cooperating state and local
authorities through the provisions of 18
U.S.C. 3559, 3571; 42 U.S.C. 243, 268,
271; and 42 CFR 70.18 and 71.2.33
EFFECTIVE DATE:
This Order shall enter into effect on
February 1, 2021, at 11:59 p.m. and will
33 While this Order may be enforced and CDC
reserves the right to enforce through criminal
penalties, CDC does not intend to rely primarily on
these criminal penalties but instead strongly
encourages and anticipates widespread voluntary
compliance as well as support from other federal
agencies in implementing additional civil measures
enforcing the provisions of this Order, to the extent
permitted by law and consistent with President
Biden’s Executive Order of January 21, 2021
(Promoting COVID–19 Safety in Domestic and
International Travel).
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remain in effect unless modified or
rescinded based on specific public
health or other considerations, or until
the Secretary of Health and Human
Services rescinds the determination
under section 319 of the Public Health
Service Act (42 U.S.C. 247d) that a
public health emergency exists.
Dated: February 1, 2021.
Sherri Berger,
Acting Chief of Staff, Centers for Disease
Control and Prevention.
[FR Doc. 2021–02340 Filed 2–1–21; 4:15 pm]
BILLING CODE 4163–18–P
DEPARTMENT OF THE INTERIOR
Geological Survey
[GX20EG31DW50100; OMB Control Number
1028-New]
Agency Information Collection
Activities; Hydrography Addressing
tool
U.S. Geological Survey,
Interior.
ACTION: Notice of Information
Collection; request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Geological Survey (USGS) are
proposing a new information collection.
DATES: Interested persons are invited to
submit comments on or before April 5,
2021.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to U.S. Geological Survey,
Information Collections Officer, 12201
Sunrise Valley Drive MS 159, Reston,
VA 20192; or by email to gs-info_
collections@usgs.gov. Please reference
OMB Control Number 1028–xxxx in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Michael Tinker by
email at mdtinker@usgs.gov or by
telephone at 303–202–4476.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
We are soliciting comments on the
proposed ICR that is described below.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8025-8030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02340]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Requirement for Persons To Wear Masks While on Conveyances and at
Transportation Hubs
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice of Agency Order.
-----------------------------------------------------------------------
[[Page 8026]]
SUMMARY: The Centers for Disease Control and Prevention (CDC), a
component of the U.S. Department of Health and Human Services (HHS),
announces an Agency Order requiring persons to wear masks over the
mouth and nose when traveling on any conveyance (e.g., airplanes,
trains, subways, buses, taxis, ride-shares, ferries, ships, trolleys,
and cable cars) into or within the United States. A person must also
wear a mask on any conveyance departing from the United States until
the conveyance reaches its foreign destination. Additionally, a person
must wear a mask while at any transportation hub within the United
States (e.g., airport, bus terminal, marina, train station, seaport or
other port, subway station, or any other area that provides
transportation within the United States). Furthermore, operators of
conveyances and transportation hubs must use best efforts to ensure
that persons wear masks as required by this Order.
DATES: This Order takes effect at 11:59 p.m. Monday February 1, 2021.
FOR FURTHER INFORMATION CONTACT: Jennifer Buigut, Division of Global
Migration and Quarantine, Centers for Disease Control and Prevention,
1600 Clifton Road NE, MS H16-4, Atlanta, GA 30329. Email:
[email protected].
SUPPLEMENTARY INFORMATION: The virus that causes COVID-19 spreads very
easily and sustainably between people who are in close contact with one
another (within about 6 feet) mainly through respiratory droplets
produced when an infected person coughs, sneezes, or talks. These
droplets can land in the mouths, eyes, or noses of people who are
nearby and possibly be inhaled into the lungs. Some people without
symptoms also spread the virus. In general, the more closely a person
interacts with others and the longer that interaction, the higher the
risk of COVID-19 spread.
This Order is issued to preserve human life; maintain a safe and
operating transportation system; mitigate the further introduction,
transmission, and spread of COVID-19 into the United States and from
one state or territory into any other state or territory; and support
response efforts to COVID-19 at the Federal, state, local, territorial,
and tribal level.
Appropriately worn masks reduce the spread of COVID-19--
particularly given the evidence of pre-symptomatic and asymptomatic
transmission of COVID-19. Masks are most likely to reduce the spread of
COVID-19 when they are widely used by people in public settings. Using
masks along with other preventive measures, including social
distancing, frequent handwashing, and cleaning and disinfecting
frequently touched surfaces, is one of the most effective strategies
available for reducing COVID-19 transmission.
This Order will remain in effect unless modified or rescinded based
on specific public health or other considerations, or until the
Secretary of Health and Human Services rescinds the determination under
section 319 of the Public Health Service Act (42 U.S.C. 247d) that a
public health emergency exists.
A copy of the Order is provided below and a copy of the signed
order can be found at https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html
CENTERS FOR DISEASE CONTROL AND PREVENTION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ORDER UNDER SECTION 361
OF THE PUBLIC HEALTH SERVICE ACT (42 U.S.C. 264)
AND 42 CODE OF FEDERAL REGULATIONS 70.2, 71.31(b), 71.32(b)
REQUIREMENT FOR PERSONS TO WEAR MASKS
WHILE ON CONVEYANCES AND AT TRANSPORTATION HUBS
SUMMARY:
Notice and Order; and subject to the limitations under
``Applicability,'' pursuant to 42 U.S.C. 264(a) and 42 CFR 70.2,
71.31(b), and 71.32(b):
(1) Persons \1\ must wear \2\ masks over the mouth and nose when
traveling on conveyances into and within the United States. Persons
must also wear masks at transportation hubs as defined in this Order.
---------------------------------------------------------------------------
\1\ As used in this Order, ``persons'' includes travelers (i.e.,
passengers and crew), conveyance operators, and any workers or
service providers in the transportation hub.
\2\ To ``wear a mask'' means to wear a mask over the nose and
mouth.
---------------------------------------------------------------------------
(2) A conveyance operator transporting persons into and within the
United States \3\ must require all persons onboard to wear masks for
the duration of travel.
---------------------------------------------------------------------------
\3\ This includes international, interstate, or intrastate
waterways, subject to the jurisdiction of the United States.
---------------------------------------------------------------------------
(3) A conveyance operators operating a conveyance arriving at or
departing from a U.S. port of entry must require all persons on board
to wear masks for the duration of travel as a condition of controlled
free pratique.\4\
---------------------------------------------------------------------------
\4\ As a condition of this controlled free pratique to commence
or continue operations in the United States, conveyance operators
must additionally require all persons to wear masks on board
conveyances departing from the United States and for the duration of
their travel until the conveyance arrives at the foreign destination
if at any time any of the persons on the conveyance (passengers,
crew, or conveyance operators) will return to the United States
while this Order remains in effect. This precaution must be followed
regardless of scheduled itinerary.
---------------------------------------------------------------------------
(4) Conveyance operators must use best efforts to ensure that any
person on the conveyance wears a mask when boarding, disembarking, and
for the duration of travel. Best efforts include:
Boarding only those persons who wear masks;
instructing persons that Federal law requires wearing a
mask on the conveyance and failure to comply constitutes a violation of
Federal law;
monitoring persons onboard the conveyance for anyone who
is not wearing a mask and seeking compliance from such persons;
at the earliest opportunity, disembarking any person who
refuses to comply; and
providing persons with prominent and adequate notice to
facilitate awareness and compliance of the requirement of this Order to
wear a mask; best practices may include, if feasible, advance
notifications on digital platforms, such as on apps, websites, or
email; posted signage in multiple languages with illustrations;
printing the requirement on transit tickets; or other methods as
appropriate.
(5) Operators of transportation hubs must use best efforts to
ensure that any person entering or on the premises of the
transportation hub wears a mask. Best efforts include:
Allowing entry only to those persons who wear masks;
instructing persons that Federal law requires wearing a
mask in the transportation hub and failure to comply constitutes a
violation of Federal law;
monitoring persons on the premises of the transportation
hub for anyone who is not wearing a mask and seeking compliance from
such persons;
at the earliest opportunity, removing any person who
refuses to comply from the premises of the transportation hub; and
providing persons with prominent and adequate notice to
facilitate awareness and compliance with the requirement of this Order
to wear a mask; best practices may include, if feasible, advance
notifications on digital platforms, such as on apps, websites, or
[[Page 8027]]
email; posted signage in multiple languages with illustrations;
printing the requirement on transit tickets; or other methods as
appropriate.
DEFINITIONS:
Controlled free pratique shall have the same definition as under 42
CFR 71.1, meaning ``permission for a carrier to enter a U.S. port,
disembark, and begin operation under certain stipulated conditions.''
Conveyance shall have the same definition as under 42 CFR 70.1,
meaning ``an aircraft, train, road vehicle,\5\ vessel . . . or other
means of transport, including military.'' Included in the definition of
``conveyance'' is the term ``carrier'' which under 42 CFR 71.1 has the
same definition as conveyance under 42 CFR 70.1.
---------------------------------------------------------------------------
\5\ This includes rideshares meaning arrangements where
passengers travel in a privately owned road vehicle driven by its
owner in connection with a fee or service.
---------------------------------------------------------------------------
Conveyance operator means an individual operating a conveyance and
an individual or organization causing or authorizing the operation of a
conveyance.
Mask means a material covering the nose and mouth of the wearer,
excluding face shields.\6\
---------------------------------------------------------------------------
\6\ A properly worn mask completely covers the nose and mouth of
the wearer. A mask should be secured to the head, including with
ties or ear loops. A mask should fit snugly but comfortably against
the side of the face. Masks do not include face shields. Masks can
be either manufactured or homemade and should be a solid piece of
material without slits, exhalation valves, or punctures. Medical
masks and N-95 respirators fulfill the requirements of this Order.
CDC guidance for attributes of acceptable masks in the context of
this Order is available at: https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html.
---------------------------------------------------------------------------
Interstate traffic shall have the same definition as under 42 CFR
70.1, meaning
``(1):
(i) The movement of any conveyance or the transportation of persons
or property, including any portion of such movement or transportation
that is entirely within a state or possession--
(ii) From a point of origin in any state or possession to a point
of destination in any other state or possession; or
(iii) Between a point of origin and a point of destination in the
same state or possession but through any other state, possession, or
contiguous foreign country.
(2) Interstate traffic does not include the following:
(i) The movement of any conveyance which is solely for the purpose
of unloading persons or property transported from a foreign country or
loading persons or property for transportation to a foreign country.
(ii) The movement of any conveyance which is solely for the purpose
of effecting its repair, reconstruction, rehabilitation, or storage.''
Intrastate traffic means the movement of any conveyance or the
transportation or movement of persons occurring solely within the
boundaries of a state or territory, or on tribal land.
Possession shall have the same definition as under 42 CFR 70.1 and
71.1, meaning a ``U.S. territory.''
State shall have the same definition as under 42 CFR 70.1, meaning
``any of the 50 states, plus the District of Columbia.''
Territory shall have the same definition as ``U.S. territory''
under 42 CFR 70.1 and 71.1, meaning ``any territory (also known as
possessions) of the United States, including American Samoa, Guam, the
[Commonwealth of the] Northern Mariana Islands, the Commonwealth of
Puerto Rico, and the U.S. Virgin Islands.''
Transportation hub means any airport, bus terminal, marina, seaport
or other port, subway station, terminal (including any fixed facility
at which passengers are picked-up or discharged), train station, U.S.
port of entry, or any other location that provides transportation
subject to the jurisdiction of the United States.
Transportation hub operator means an individual operating a
transportation hub and an individual or organization causing or
authorizing the operation of a transportation hub.
U.S. port shall have the same definition as under 42 CFR 71.1,
meaning any ``seaport, airport, or border crossing point under the
control of the United States.''
STATEMENT OF INTENT:
This Order shall be interpreted and implemented in a manner as to
achieve the following objectives:
Preservation of human life;
Maintaining a safe and secure operating transportation
system;
Mitigating the further introduction, transmission, and
spread of COVID-19 into the United States and from one state or
territory into any other state or territory; and
Supporting response efforts to COVID-19 at the Federal,
state, local, territorial, and tribal levels.
APPLICABILITY:
This Order shall not apply within any state, locality, territory,
or area under the jurisdiction of a Tribe that (1) requires a person to
wear a mask on conveyances; (2) requires a person to wear a mask at
transportation hubs; and (3) requires conveyances to transport only
persons wearing masks. Such requirements must provide the same level of
public health protection as--or greater protection than--the
requirements listed herein.
In addition, the requirement to wear a mask shall not apply under
the following circumstances:
While eating, drinking, or taking medication, for brief
periods;
While communicating with a person who is hearing impaired
when the ability to see the mouth is essential for communication;
If, on an aircraft, wearing of oxygen masks is needed
because of loss of cabin pressure or other event affecting aircraft
ventilation;
If unconscious (for reasons other than sleeping),
incapacitated, unable to be awakened, or otherwise unable to remove the
mask without assistance; \7\ or
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\7\ Persons who are experiencing difficulty breathing or
shortness of breath or are feeling winded may remove the mask
temporarily until able to resume normal breathing with the mask.
Persons who are vomiting should remove the mask until vomiting
ceases. Persons with acute illness may remove the mask if it
interferes with necessary medical care such as supplemental oxygen
administered via an oxygen mask.
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When necessary to temporarily remove the mask to verify
one's identity such as during Transportation Security Administration
screening or when asked to do so by the ticket or gate agent or any law
enforcement official.
This Order exempts the following categories of persons: \8\
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\8\ Operators of conveyances or transportation hubs may impose
requirements, or conditions for carriage, on persons requesting an
exemption from the requirement to wear a mask, including medical
consultation by a third party, medical documentation by a licensed
medical provider, and/or other information as determined by the
operator, as well as require evidence that the person does not have
COVID-19 such as a negative result from a SARS-CoV-2 viral test or
documentation of recovery from COVID-19. CDC definitions for SARS-
CoV-2 viral test and documentation of recovery are available in the
Frequently Asked Questions at: https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-international-air-travelers.html. Operators
may also impose additional protective measures that improve the
ability of a person eligible for exemption to maintain social
distance (separation from others by 6 feet), such as scheduling
travel at less crowded times or on less crowded conveyances, or
seating or otherwise situating the individual in a less crowded
section of the conveyance or transportation hub. Operators may
further require that persons seeking exemption from the requirement
to wear a mask request an accommodation in advance.
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A child under the age of 2 years;
A person with a disability who cannot wear a mask, or
cannot safely wear a mask, because of the disability as defined by the
Americans with Disabilities Act (42 U.S.C. 12101 et seq.).\9\
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\9\ This is a narrow exception that includes a person with a
disability who cannot wear a mask for reasons related to the
disability. CDC will issue additional guidance regarding persons who
cannot wear a mask under this exemption. https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html.
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[[Page 8028]]
A person for whom wearing a mask would create a risk to
workplace health, safety, or job duty as determined by the relevant
workplace safety guidelines or federal regulations.
This Order exempts the following categories of conveyances,
including persons on board such conveyances:
Private conveyances operated solely for personal, non-
commercial use;
Commercial motor vehicles or trucks as these terms are
defined in 49 CFR 390.5, if the driver is the sole occupant of the
vehicle or truck;
Conveyances operated or chartered by the U.S. military
services provided that such conveyance operators observe Department of
Defense precautions to prevent the transmission of COVID-19 that are
equivalent to the precautions in this Order.
This Order applies to persons on conveyances and at transportation
hubs directly operated by U.S. state, local, territorial, or tribal
government authorities, as well as the operators themselves. U.S.
state, local, territorial, or tribal government authorities directly
operating conveyances and transportation hubs may be subject to
additional federal authorities or actions, and are encouraged to
implement additional measures enforcing the provisions of this Order
regarding persons traveling onboard conveyances and at transportation
hubs operated by these government entities.
To the extent permitted by law, and consistent with President
Biden's Executive Order of January 21, 2021 (Promoting COVID-19 Safety
in Domestic and International Travel),\10\ Federal agencies are
required to implement additional measures enforcing the provisions of
this Order.
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\10\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/executive-order-promoting-covid-19-safety-in-domestic-and-international-travel/.
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BACKGROUND:
There is currently a pandemic of respiratory disease (coronavirus
disease 2019 or ``COVID-19'') caused by a novel coronavirus (SARS-COV-
2). As of January 27, 2021, there have been 99,638,507 confirmed cases
of COVID-19 globally, resulting in more than 2,141,000 deaths. As of
January 27, 2021, there have been over 25,000,000 cases identified in
the United States and over 415,000 deaths due to the disease. New SARS-
CoV-2 variants have emerged in recent weeks, including at least one
with evidence of increased transmissibility.\11\
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\11\ https://www.cdc.gov/coronavirus/2019-ncov/more/science-and-research/scientific-brief-emerging-variants.html.
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The virus that causes COVID-19 spreads very easily and sustainably
between people who are in close contact with one another (within about
6 feet) mainly through respiratory droplets produced when an infected
person coughs, sneezes, or talks. These droplets can land in the
mouths, eyes, or noses of people who are nearby and possibly be inhaled
into the lungs. Infected people without symptoms (asymptomatic) and
those in whom symptoms have not yet developed (pre-symptomatic) can
also spread the virus. In general, the more closely an infected person
interacts with others and the longer those interactions, the higher the
risk of COVID-19 spread. COVID-19 may be transmitted by touching
surfaces or objects that have the virus on them and then touching one's
own or another person's eyes, nose, or mouth.
Masks help prevent people who have COVID-19, including those who
are pre-symptomatic or asymptomatic, from spreading the virus to
others.\12\ Masks are primarily intended to reduce the emission of
virus-laden droplets, i.e., they act as source control by blocking
exhaled virus.\13\ This is especially relevant for asymptomatic or pre-
symptomatic infected wearers who feel well and may be unaware of their
infectiousness to others, and who are estimated to account for more
than 50% of transmissions.14 15 Masks also provide personal
protection to the wearer by reducing inhalation of these droplets,
i.e., they reduce wearers' exposure through filtration.\16\ The
community benefit of wearing masks for SARS-CoV-2 control is due to the
combination of these effects; individual prevention benefit increases
with increasing numbers of people using masks consistently and
correctly.
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\12\ https://www.cdc.gov/coronavirus/2019-ncov/more/masking-science-sars-cov2.html.
\13\ Leung NHL, Chu DKW, Shiu EYC, et al. Respiratory virus
shedding in exhaled breath and efficacy of face masks. Nature
Medicine. 2020;26(5):676-680.https://dx.doi.org/10.1038/s41591-020-0843-2.
\14\ Moghadas SM, Fitzpatrick MC, Sah P, et al. The implications
of silent transmission for the control of COVID-19 outbreaks. Proc
Natl Acad Sci U S A. 2020;117(30):17513-17515.10.1073/
pnas.2008373117. https://www.ncbi.nlm.nih.gov/pubmed/32632012.
\15\ Johansson MA, Quandelacy TM, Kada S, et al. SARS-CoV-2
Transmission From People Without COVID-19 Symptoms. Johansson MA, et
al. JAMA Netw Open. 2021 Jan 4;4(1):e2035057. doi: 10.1001/
jamanetworkopen.2020.35057.
\16\ Ueki H, Furusawa Y, Iwatsuki-Horimoto K, et al.
Effectiveness of Face Masks in Preventing Airborne Transmission of
SARS-CoV-2. mSphere. 2020;5(5).10.1128/mSphere.00637-20. https://www.ncbi.nlm.nih.gov/pubmed/33087517.
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Appropriately worn masks reduce the spread of COVID-19--
particularly given the evidence of pre-symptomatic and asymptomatic
transmission of COVID-19. Seven studies have confirmed the benefit of
universal masking in community level analyses: in a unified hospital
system,\17\ a German city,\18\ a U.S. State,\19\ a panel of 15 U.S.
States and Washington, DC,20 21 as well as both Canada \22\
and the United States \23\ nationally. Each analysis demonstrated that,
following directives from organizational and political leadership for
universal masking, new infections fell significantly. Two of these
studies 24 25 and an additional analysis of data from 200
countries that included localities within the United States \26\ also
demonstrated reductions in
[[Page 8029]]
mortality. An economic analysis using U.S. data found that, given these
effects, increasing universal masking by 15% could prevent the need for
lockdowns and reduce associated losses of up to $1 trillion or about 5%
of gross domestic product.\27\
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\17\ Wang X, Ferro EG, Zhou G, Hashimoto D, Bhatt DL.
Association Between Universal Masking in a Health Care System and
SARS-CoV-2 Positivity Among Health Care Workers. JAMA. 2020.10.1001/
jama.2020.12897. https://www.ncbi.nlm.nih.gov/pubmed/32663246.
\18\ Mitze T., Kosfeld R., Rode J., W[auml]lde K. Face Masks
Considerably Reduce COVID-19 Cases in Germany: A Synthetic Control
Method Approach. IZA--Institute of Labor Economics
(Germany);2020.ISSN: 2365-9793, DP No. 13319. https://ftp.iza.org/dp13319.pdf.
\19\ Gallaway MS, Rigler J, Robinson S, et al. Trends in COVID-
19 Incidence After Implementation of Mitigation Measures--Arizona,
January 22-August 7, 2020. MMWR Morb Mortal Wkly Rep.
2020;69(40):1460-1463.10.15585/mmwr.mm6940e3. https://www.ncbi.nlm.nih.gov/pubmed/33031366.
\20\ Lyu W, Wehby GL. Community Use Of Face Masks And COVID-19:
Evidence From A Natural Experiment Of State Mandates In The US.
Health Aff (Millwood). 2020;39(8):1419-1425.10.1377/
hlthaff.2020.00818. https://www.ncbi.nlm.nih.gov/pubmed/32543923.
\21\ Hatzius J, Struyven D, Rosenberg I. Face Masks and GDP.
Goldman Sachs Research https://www.goldmansachs.com/insights/pages/face-masks-and-gdp.html. Accessed January 20, 2021.
\22\ Karaivanov A., Lu SE, Shigeoka H., Chen C., Pamplona S.
Face Masks, Public Policies and Slowing the Spread of Covid-19:
Evidence from Canada National Bureau of Economic Research 2020.
Working Paper 27891. https://www.nber.org/papers/w27891.
\23\ Chernozhukov V, Kasahara H, Schrimpf P. Causal Impact of
Masks, Policies, Behavior on Early Covid-19 Pandemic in the U.S. J
Econom. 2021 Jan;220(1):23-62. doi: 10.1016/j.jeconom.2020.09.003.
Epub 2020 Oct 17.
\24\ Hatzius J, Struyven D, Rosenberg I. Face Masks and GDP.
Goldman Sachs Research https://www.goldmansachs.com/insights/pages/face-masks-and-gdp.html. Accessed January 20, 2021.
\25\ Chernozhukov V, Kasahara H, Schrimpf P. Causal Impact of
Masks, Policies, Behavior on Early Covid-19 Pandemic in the U.S. J
Econom. 2021 Jan;220(1):23-62. doi: 10.1016/j.jeconom.2020.09.003.
Epub 2020 Oct 17.
\26\ Leffler CT, Ing EB, Lykins JD, Hogan MC, McKeown CA,
Grzybowski A. Association of country-wide coronavirus mortality with
demographics, testing, lockdowns, and public wearing of masks. Am J
Trop Med Hyg. 2020 Dec;103(6):2400-2411. doi: 10.4269/ajtmh.20-1015.
Epub 2020 Oct 26.
\27\ Hatzius J, Struyven D, Rosenberg I. Face Masks and GDP.
Goldman Sachs Research https://www.goldmansachs.com/insights/pages/face-masks-and-gdp.html. Accessed January 20, 2021.
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Wearing a mask especially helps protect those at increased risk of
severe illness from COVID-19 \28\ and workers who frequently come into
close contact with other people (e.g., at transportation hubs). Masks
are most likely to reduce the spread of COVID-19 when they are widely
used by people in public settings. Using masks along with other
preventive measures, including social distancing, frequent handwashing,
and cleaning and disinfecting frequently touched surfaces, is one of
the most effective strategies available for reducing COVID-19
transmission.
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\28\ https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/.
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Traveling on multi-person conveyances increases a person's risk of
getting and spreading COVID-19 by bringing persons in close contact
with others, often for prolonged periods, and exposing them to
frequently touched surfaces. Air travel often requires spending time in
security lines and crowded airport terminals. Social distancing may be
difficult if not impossible on flights. People may not be able to
distance themselves by the recommended 6 feet from individuals seated
nearby or those standing in or passing through the aircraft's aisles.
Travel by bus, train, vessel, and other conveyances used for
international, interstate, or intrastate transportation pose similar
challenges.
Intrastate transmission of the virus has led to--and continues to
lead to--interstate and international spread of the virus, particularly
on public conveyances and in travel hubs, where passengers who may
themselves be traveling only within their state or territory commonly
interact with others traveling between states or territories or
internationally. Some states, territories, Tribes, and local public
health authorities have imposed mask-wearing requirements within their
jurisdictional boundaries to protect public health.\29\ Any state or
territory without sufficient mask-wearing requirements for
transportation systems within its jurisdiction has not taken adequate
measures to prevent the spread of COVID-19 from such state or territory
to any other state or territory. That determination is based on, inter
alia, the rapid and continuing transmission of the virus across all
states and territories and across most of the world. Furthermore, given
how interconnected most transportation systems are across the nation
and the world, local transmission can grow even more quickly into
interstate and international transmission when infected persons travel
on non-personal conveyances without wearing a mask and with others who
are not wearing masks.
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\29\ Based on internet sources, 37 states plus DC and Puerto
Rico mandate the wearing of masks in public. Among the jurisdictions
that have imposed mask mandates, variations in requirements exist.
For example, exemptions for children range in cutoff age from 2 to
12, but masks are generally required in indoor public spaces such as
restaurants and stores, on public transit and ride-hailing services,
and outdoors when unable to maintain 6 feet of distance from others.
See https://www.aarp.org/health/healthy-living/info-2020/states-mask-mandates-coronavirus.html (accessed January 28, 2021).
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Therefore, I have determined that the mask-wearing requirements in
this Order are reasonably necessary to prevent the further
introduction, transmission, or spread of COVID-19 into the United
States and among the states and territories. Individuals traveling into
or departing from the United States, traveling interstate, or traveling
entirely intrastate, conveyance operators that transport such
individuals, and transportation hub operators that facilitate such
transportation, must comply with the mask-wearing requirements set
forth in this Order.
America's transportation systems are essential. Not only are they
essential for public health, they are also essential for America's
economy and other bedrocks of American life. Those transportation
systems carry life-saving medical supplies and medical providers into
and across the nation to our hospitals, nursing homes, and physicians'
offices. Trains, planes, ships, and automobiles bring food and other
essentials to our communities and to our homes. Buses bring America's
children and teachers to school. Buses, trains, and subways, bring
America's workforce to their jobs.
Requiring masks on our transportation systems will protect
Americans and provide confidence that we can once again travel safely
even during this pandemic. Therefore, requiring masks will help us
control this pandemic and aid in re-opening America's economy.
The United States and countries around the world are currently
embarking on efforts to vaccinate their populations, starting with
healthcare personnel and other essential workers at increased risk of
exposure to SARS-CoV-2 and people at increased risk for severe illness
from the virus. While vaccines are highly effective at preventing
severe or symptomatic COVID-19, at this time there is limited
information on how much the available COVID-19 vaccines may reduce
transmission in the general population and how long protection
lasts.\30\ Therefore, this mask requirement, as well as CDC
recommendations to prevent spread of COVID-19,\31\ additionally apply
to vaccinated persons. Similarly, CDC recommends that people who have
recovered from COVID-19 continue to take precautions to protect
themselves and others, including wearing masks; \32\ therefore, this
mask requirement also applies to people who have recovered from COVID-
19.
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\30\ https://www.cdc.gov/vaccines/covid-19/info-by-product/clinical-considerations.html.
\31\ https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.
\32\ https://www.cdc.gov/coronavirus/2019-ncov/hcp/duration-isolation.html.
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ACTION:
Until further notice, under 42 U.S.C. 264(a) and 42 CFR 70.2,
71.31(b), and 71.32(b), unless excluded or exempted as set forth in
this Order, a person must wear a mask while boarding, disembarking, and
traveling on any conveyance into or within the United States. A person
must also wear a mask at any transportation hub that provides
transportation within the United States.
Conveyance operators traveling into or within the United States may
transport only persons wearing masks and must use best efforts to
ensure that masks are worn when embarking, disembarking, and throughout
the duration of travel. Operators of transportation hubs must use best
efforts to ensure that any person entering or on the premises of the
transportation hub wears a mask.
As a condition of receiving controlled free pratique under 42 CFR
71.31(b) to enter a U.S. port, disembark passengers, and begin
operations at any U.S. port of entry, conveyances arriving into the
United States must require persons to wear masks while boarding,
disembarking, and for the duration of travel. Conveyance operators must
also require all persons to wear masks while boarding and for the
duration of their travel on board conveyances departing from the United
States until the conveyance arrives at the foreign destination, if at
any time any of the persons onboard (passengers, crew, or conveyance
operators) will return to the United States while this Order remains in
effect. These travel conditions are
[[Page 8030]]
necessary to mitigate the harm of further introduction of COVID-19 into
the United States.
Requiring a properly worn mask is a reasonable and necessary
measure to prevent the introduction, transmission and spread of COVID-
19 into the United States and among the states and territories under 42
U.S.C. 264(a) and 42 CFR 71.32(b). Among other benefits, masks help
prevent dispersal of an infected person's respiratory droplets that
carry the virus. That precaution helps prevent droplets from landing in
the eye, mouth, or nose or possibly being inhaled into the lungs of an
uninfected person, or from landing on a surface or object that an
uninfected person may then touch and then touch his or her own or
another's eyes, nose, or mouth. Masks also provide some protection to
the wearer by helping reduce inhalation of respiratory droplets.
This Order shall not apply within any state, locality, territory,
or area under the jurisdiction of a Tribe, where the controlling
governmental authority: (1) Requires a person to wear a mask on
conveyances; (2) requires a person to wear a mask at transportation
hubs; and (3) requires conveyances to transport only persons wearing
masks. Those requirements must provide the same level of public health
protection as--or greater protection than--the requirements listed
herein.
In accordance with 42 U.S.C. 264(e), state, local, territorial, and
tribal authorities may impose additional requirements that provide
greater public health protection and are more restrictive than the
requirements in this Order. Consistent with other federal, state, or
local legal requirements, this Order does not preclude operators of
conveyances or transportation hubs from imposing additional
requirements, or conditions for carriage, that provide greater public
health protection and are more restrictive than the requirements in
this Order (e.g., requiring a negative result from a SARS-CoV-2 viral
test or documentation of recovery from COVID-19 or imposing
requirements for social distancing or other recommended protective
measures).
This Order is not a rule within the meaning of the Administrative
Procedure Act (``APA'') but rather is an emergency action taken under
the existing authority of 42 U.S.C. 264(a) and 42 CFR 70.2, 71.31(b),
71.32(b). In the event that a court determines this Order qualifies as
a rule under the APA, notice and comment and a delay in effective date
are not required because there is good cause to dispense with prior
public notice and comment and the opportunity to comment on this Order
and the delay in effective date. Considering the public health
emergency caused by COVID-19, it would be impracticable and contrary to
the public's health, and by extension the public's interest, to delay
the issuance and effective date of this Order. Similarly, the Office of
Information and Regulatory Affairs has determined that if this Order
were a rule, it would be a major rule under the Congressional Review
Act, but there would not be a delay in its effective date as the agency
has determined that there would be good cause to make the requirements
herein effective immediately under the APA.
This order is also an economically significant regulatory action
under Executive Order 12866 and has therefore been reviewed by the
Office of Information and Regulatory Affairs of the Office of
Management and Budget. The agency is proceeding without the complete
analysis required by Executive Order 12866 under the emergency
provisions of 6(a)(3)(D) of that Order.
If any provision of this Order, or the application of any provision
to any carriers, conveyances, persons, or circumstances, shall be held
invalid, the remainder of the provisions, or the application of such
provisions to any carriers, conveyances, persons, or circumstances
other than those to which it is held invalid, shall remain valid and in
effect.
To address the COVID-19 public health threat to transportation
security, this Order shall be enforced by the Transportation Security
Administration under appropriate statutory and regulatory authorities
including the provisions of 49 U.S.C. 106, 114, 44902, 44903, and
46301; and 49 CFR part 1503, 1540.105, 1542.303, 1544.305 and 1546.105.
This Order shall be further enforced by other federal authorities
and may be enforced by cooperating state and local authorities through
the provisions of 18 U.S.C. 3559, 3571; 42 U.S.C. 243, 268, 271; and 42
CFR 70.18 and 71.2.\33\
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\33\ While this Order may be enforced and CDC reserves the right
to enforce through criminal penalties, CDC does not intend to rely
primarily on these criminal penalties but instead strongly
encourages and anticipates widespread voluntary compliance as well
as support from other federal agencies in implementing additional
civil measures enforcing the provisions of this Order, to the extent
permitted by law and consistent with President Biden's Executive
Order of January 21, 2021 (Promoting COVID-19 Safety in Domestic and
International Travel).
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EFFECTIVE DATE:
This Order shall enter into effect on February 1, 2021, at 11:59
p.m. and will remain in effect unless modified or rescinded based on
specific public health or other considerations, or until the Secretary
of Health and Human Services rescinds the determination under section
319 of the Public Health Service Act (42 U.S.C. 247d) that a public
health emergency exists.
Dated: February 1, 2021.
Sherri Berger,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-02340 Filed 2-1-21; 4:15 pm]
BILLING CODE 4163-18-P
