Ratification of Security Directive, 13971-13972 [2021-05241]
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13971
Rules and Regulations
Federal Register
Vol. 86, No. 47
Friday, March 12, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF HOMELAND
SECURITY
6 CFR Chapter I
49 CFR Chapter XII
[DHS Docket No. DHS–2021–0008]
Ratification of Security Directive
Office of Strategy, Policy, and
Plans, Department of Homeland
Security (DHS).
ACTION: Notification of ratification of
directive.
AGENCY:
DHS is publishing official
notification that the Transportation
Security Oversight Board (TSOB) has
ratified a Transportation Security
Administration (TSA) surface
transportation security directive (SD)
requiring mask wearing on public
transportation and at transportation
hubs to protect the safety and security
of the traveling public and the
transportation system. As a consequence
of the TSOB’s actions, described below,
the SD will remain in effect until at least
May 11, 2021, and may further be
extended by the TSA Administrator to
the extent described below.
DATES: The ratification was executed on
February 28, 2021 and took effect on
that date. The SD is in effect until at
least May 11, 2021.
FOR FURTHER INFORMATION CONTACT: John
D. Cohen, DHS Coordinator for
Counterterrorism and Assistant
Secretary for Counterterrorism and
Threat Prevention, DHS Office of
Strategy, Policy, and Plans, (202) 202–
282–9708, john.cohen@hq.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Executive Order, DHS Determination,
and Centers for Disease Control and
Prevention (CDC) Order
On January 21, 2021, in recognition of
the continuing threat to health, safety,
and economic and national security
19:32 Mar 11, 2021
1 86
FR 7205 (published Jan. 26, 2021).
2 Id.
I. Background
VerDate Sep<11>2014
posed by COVID–19, including the new
virus variants, the President issued
Executive Order 13,998, Promoting
COVID–19 Safety in Domestic and
International Travel.1 The Executive
Order directs the Secretary of Homeland
Security, in coordination with other
federal officials and ‘‘through the
Administrator of the Transportation
Security Administration,’’ to
‘‘immediately take action, to the extent
appropriate and consistent with
applicable law, to require masks to be
worn in compliance with CDC
guidelines’’ in or on airports,
commercial aircraft, trains, public
maritime vessels, intercity bus services,
and all forms of public transportation.2
The Executive Order focuses on a
nationwide, ‘‘whole of government’’
approach to addressing security and
safety concerns presented by the
continued transmission of COVID–19
through the transportation system.
On January 27, 2021, the Acting
Secretary of Homeland Security issued
a Determination of a National
Emergency Requiring Actions to Protect
the Safety of Americans Using and
Employed by the Transportation
System.3 The Acting Secretary’s
determination directs TSA to take
actions consistent with its statutory
authorities ‘‘to implement the Executive
Order to promote safety in and secure
the transportation system.’’ In
particular, the determination directs
TSA to support ‘‘the CDC in the
enforcement of any orders or other
requirements necessary to protect the
transportation system, including
passengers and employees, from
COVID–19 and to mitigate the spread of
COVID–19 through the transportation
system.’’
On January 29, 2021, the Director of
the CDC’s Division of Global Migration
and Quarantine issued a Notice and
Order titled Requirement for Persons to
Wear Masks While on Conveyances and
at Transportation Hubs.4 The CDC
Order, effective February 1, 2021,
Jkt 253001
3 Acting Secretary David P. Pekoske,
Determination of a National Emergency Requiring
Actions to Protect the Safety of Americans Using
and Employed by the Transportation System (Jan.
27, 2021), available at https://www.dhs.gov/
publication/determination-national-emergencyrequiring-actions-protect-safety-americans-usingand (accessed Feb. 22, 2021).
4 86 FR 8025 (Feb. 3, 2021).
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
provides that it ‘‘shall be enforced by
the Transportation Security
Administration under appropriate
statutory and regulatory authorities’’
and ‘‘further enforced by other federal
authorities’’ as well as ‘‘cooperating
state and local authorities.’’ 5
B. TSA Security Directive 1582/84–21–
01
On January 31, 2021, the Senior
Official Performing the Duties of the
TSA Administrator issued Security
Directive 1582/84–21–01 to surface
transportation owners and operators
requiring mask wearing on public
transportation, passenger rail, and bus
conveyances, and at transportation hubs
to protect the safety and security of the
traveling public and the transportation
system.6 The SD, which is available in
the docket for this notice at https://
www.regulations.gov/, became effective
on February 1, 2021, and is scheduled
to expire on May 11, 2021. Neither the
Acting Secretary’s national emergency
determination nor the CDC Order
includes an expiration date and they
remain in effect based on specific public
health conditions and in consideration
of the public health emergency.
The SD implements the Executive
Order, the Acting Secretary of
Homeland Security’s national
emergency determination, and the CDC
Order by requiring mask wearing on
surface transportation conveyances and
at transportation hubs. The directive
mandates measures to secure and
promote safety in the transportation
system, including passengers and
employees, by mitigating against the
further spread of COVID–19. Under the
SD, covered owners and operators must:
(1) Provide prominent and adequate
notice of the mask requirement to
facilitate awareness and compliance; (2)
require individuals to wear a mask; and
(3) report incidents of non-compliance
to TSA. Consistent with the CDC Order,
the directive permits limited
exemptions from the requirement to
wear a mask in the transportation
system and does not preempt state or
local requirements that are the same or
5 Id.
at 8030.
49 U.S.C. 114(l)(2)(A) (authorizing TSA to
issue emergency regulations or security directives
without providing notice or public comment where
‘‘the Administrator determines that the regulation
must be issued immediately in order to protect
transportation security. . . .’’.).
6 See
E:\FR\FM\12MRR1.SGM
12MRR1
13972
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
more protective of public health than
TSA’s mandatory measures.
II. TSOB Ratification
The Aviation and Transportation
Security Act (the Act) establishes the
TSOB and provides that the TSOB shall
‘‘review and ratify or disapprove’’
security directives issued by TSA under
49 U.S.C. 114(l)(2).7 The Act further
states that such directives ‘‘shall remain
effective for a period not to exceed 90
days unless ratified or disapproved by
the Board or rescinded by the
Administrator.’’ 8
Pursuant to these authorities, the
Senior Official Performing the Duties of
the Deputy Secretary of Homeland
Security, in his capacity as chairman of
the TSOB, requested TSOB review of
the SD.9 On February 28, 2021, the
TSOB ratified TSA Security Directive
1582/84–21–01. As part of this
ratification, the TSOB also ratified any
extension of the SD for a period no
longer than the period of time that the
Secretary’s national emergency
determination and the CDC Order
remain in effect should the TSA
Administrator determine that such an
extension is warranted to support
implementation of the Executive Order,
the national emergency determination,
and the CDC order.
The SD is available in the docket for
this notice at https://
www.regulations.gov/.
David P. Pekoske,
Senior Official Performing the Duties of
Deputy Secretary of Homeland Security &
Chairman of the Transportation Security
Oversight Board, U.S. Department of
Homeland Security.
[FR Doc. 2021–05241 Filed 3–10–21; 4:15 pm]
BILLING CODE 9110–9M–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1123; Project
Identifier MCAI–2020–01294–R; Amendment
39–21448; AD 2021–05–05]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
7 49
U.S.C. 115(a) and (c)(1).
114(l)(2)(B).
9 DHS Delegation No. 7071.1, Delegation to the
Deputy Secretary to Chair the Transportation
Security Oversight Board (Apr. 2, 2007).
8 Id.
VerDate Sep<11>2014
19:32 Mar 11, 2021
Jkt 253001
The FAA is superseding
Airworthiness Directive (AD) 2016–23–
05, which applied to certain Airbus
Helicopters Model SA–365N1, AS–
365N2, AS 365 N3, SA–366G1, EC 155B,
and EC155B1 helicopters. AD 2016–23–
05 required repetitive checks of the oil
level of the tail rotor gearbox and, if
necessary, filling the oil to the
maximum level; and replacement of a
certain control rod double bearing
(bearing) with a new bearing. This AD
retains the requirements of AD 2016–
23–05 and also requires modifying the
helicopter by replacing the tail gearbox
(TGB) control shaft guide bushes;
repetitive inspections of the TGB
magnetic plug and corrective actions if
necessary; repetitive replacements of the
bearing; and modifying the helicopter
by replacing the TGB; as specified in a
European Aviation Safety Agency (now
European Union Aviation Safety
Agency) (EASA) AD, which is
incorporated by reference. This AD also
adds helicopters to the applicability.
This AD was prompted by reports of
occurrences of loss of yaw control due
to failure of the TGB bearing. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 16,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 16, 2021.
ADDRESSES: For material incorporated
by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
material on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call 817–222–5110. It is also
available in the AD docket on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–1123.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1123; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The address for Docket
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Kathleen Arrigotti, Aviation Safety
Engineer, Large Aircraft Section,
International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA
98198; telephone and fax 206–231–
3218; email kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2017–0125, dated July 21, 2017 (EASA
AD 2017–0125) (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for all Airbus
Helicopters Model SA 365 N1, AS 365
N2, AS 365 N3, SA 366 G1, EC 155 B,
and EC 155 B1 helicopters. EASA AD
2017–0125 supersedes EASA AD 2017–
0007, dated January 13, 2017, which
superseded EASA AD 2016–0097R1,
dated May 25, 2016 (which corresponds
to FAA AD 2016–23–05). EASA AD
2017–0125 adds helicopters to the
applicability, adds repetitive
inspections of the magnetic plug after
bearing replacement, requires the use of
the revised Airbus Helicopters Alert
Service Bulletin (ASB) instructions, and
requires replacement of the TGB with a
modified unit, which terminates the
repetitive inspections.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2016–23–05,
Amendment 39–18712 (81 FR 85126,
November 25, 2016) (AD 2016–23–05).
AD 2016–23–05 applied to certain
Airbus Helicopters Model SA–365N1,
AS–365N2, AS 365 N3, SA–366G1, EC
155B, and EC155B1 helicopters. The
NPRM published in the Federal
Register on December 14, 2020 (85 FR
80689). The NPRM was prompted by a
determination that additional
inspections, replacements, and
modifications are necessary to address
the unsafe condition. The NPRM
proposed to retain the requirements of
AD 2016–23–05 and also require
modifying the helicopter by replacing
the TGB control shaft guide bushes;
repetitive inspections of the TGB
magnetic plug and corrective actions if
necessary; repetitive replacements of the
bearing; and modifying the helicopter
by replacing the TGB; as specified in an
EASA AD. The NPRM also proposed to
add helicopters to the applicability.
E:\FR\FM\12MRR1.SGM
12MRR1
]]>Agencies
[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 13971-13972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05241]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules
and Regulations
[[Page 13971]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Chapter I
49 CFR Chapter XII
[DHS Docket No. DHS-2021-0008]
Ratification of Security Directive
AGENCY: Office of Strategy, Policy, and Plans, Department of Homeland
Security (DHS).
ACTION: Notification of ratification of directive.
-----------------------------------------------------------------------
SUMMARY: DHS is publishing official notification that the
Transportation Security Oversight Board (TSOB) has ratified a
Transportation Security Administration (TSA) surface transportation
security directive (SD) requiring mask wearing on public transportation
and at transportation hubs to protect the safety and security of the
traveling public and the transportation system. As a consequence of the
TSOB's actions, described below, the SD will remain in effect until at
least May 11, 2021, and may further be extended by the TSA
Administrator to the extent described below.
DATES: The ratification was executed on February 28, 2021 and took
effect on that date. The SD is in effect until at least May 11, 2021.
FOR FURTHER INFORMATION CONTACT: John D. Cohen, DHS Coordinator for
Counterterrorism and Assistant Secretary for Counterterrorism and
Threat Prevention, DHS Office of Strategy, Policy, and Plans, (202)
202-282-9708, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Executive Order, DHS Determination, and Centers for Disease Control
and Prevention (CDC) Order
On January 21, 2021, in recognition of the continuing threat to
health, safety, and economic and national security posed by COVID-19,
including the new virus variants, the President issued Executive Order
13,998, Promoting COVID-19 Safety in Domestic and International
Travel.\1\ The Executive Order directs the Secretary of Homeland
Security, in coordination with other federal officials and ``through
the Administrator of the Transportation Security Administration,'' to
``immediately take action, to the extent appropriate and consistent
with applicable law, to require masks to be worn in compliance with CDC
guidelines'' in or on airports, commercial aircraft, trains, public
maritime vessels, intercity bus services, and all forms of public
transportation.\2\ The Executive Order focuses on a nationwide, ``whole
of government'' approach to addressing security and safety concerns
presented by the continued transmission of COVID-19 through the
transportation system.
---------------------------------------------------------------------------
\1\ 86 FR 7205 (published Jan. 26, 2021).
\2\ Id.
---------------------------------------------------------------------------
On January 27, 2021, the Acting Secretary of Homeland Security
issued a Determination of a National Emergency Requiring Actions to
Protect the Safety of Americans Using and Employed by the
Transportation System.\3\ The Acting Secretary's determination directs
TSA to take actions consistent with its statutory authorities ``to
implement the Executive Order to promote safety in and secure the
transportation system.'' In particular, the determination directs TSA
to support ``the CDC in the enforcement of any orders or other
requirements necessary to protect the transportation system, including
passengers and employees, from COVID-19 and to mitigate the spread of
COVID-19 through the transportation system.''
---------------------------------------------------------------------------
\3\ Acting Secretary David P. Pekoske, Determination of a
National Emergency Requiring Actions to Protect the Safety of
Americans Using and Employed by the Transportation System (Jan. 27,
2021), available at https://www.dhs.gov/publication/determination-national-emergency-requiring-actions-protect-safety-americans-using-and (accessed Feb. 22, 2021).
---------------------------------------------------------------------------
On January 29, 2021, the Director of the CDC's Division of Global
Migration and Quarantine issued a Notice and Order titled Requirement
for Persons to Wear Masks While on Conveyances and at Transportation
Hubs.\4\ The CDC Order, effective February 1, 2021, provides that it
``shall be enforced by the Transportation Security Administration under
appropriate statutory and regulatory authorities'' and ``further
enforced by other federal authorities'' as well as ``cooperating state
and local authorities.'' \5\
---------------------------------------------------------------------------
\4\ 86 FR 8025 (Feb. 3, 2021).
\5\ Id. at 8030.
---------------------------------------------------------------------------
B. TSA Security Directive 1582/84-21-01
On January 31, 2021, the Senior Official Performing the Duties of
the TSA Administrator issued Security Directive 1582/84-21-01 to
surface transportation owners and operators requiring mask wearing on
public transportation, passenger rail, and bus conveyances, and at
transportation hubs to protect the safety and security of the traveling
public and the transportation system.\6\ The SD, which is available in
the docket for this notice at https://www.regulations.gov/, became
effective on February 1, 2021, and is scheduled to expire on May 11,
2021. Neither the Acting Secretary's national emergency determination
nor the CDC Order includes an expiration date and they remain in effect
based on specific public health conditions and in consideration of the
public health emergency.
---------------------------------------------------------------------------
\6\ See 49 U.S.C. 114(l)(2)(A) (authorizing TSA to issue
emergency regulations or security directives without providing
notice or public comment where ``the Administrator determines that
the regulation must be issued immediately in order to protect
transportation security. . . .''.).
---------------------------------------------------------------------------
The SD implements the Executive Order, the Acting Secretary of
Homeland Security's national emergency determination, and the CDC Order
by requiring mask wearing on surface transportation conveyances and at
transportation hubs. The directive mandates measures to secure and
promote safety in the transportation system, including passengers and
employees, by mitigating against the further spread of COVID-19. Under
the SD, covered owners and operators must: (1) Provide prominent and
adequate notice of the mask requirement to facilitate awareness and
compliance; (2) require individuals to wear a mask; and (3) report
incidents of non-compliance to TSA. Consistent with the CDC Order, the
directive permits limited exemptions from the requirement to wear a
mask in the transportation system and does not preempt state or local
requirements that are the same or
[[Page 13972]]
more protective of public health than TSA's mandatory measures.
II. TSOB Ratification
The Aviation and Transportation Security Act (the Act) establishes
the TSOB and provides that the TSOB shall ``review and ratify or
disapprove'' security directives issued by TSA under 49 U.S.C.
114(l)(2).\7\ The Act further states that such directives ``shall
remain effective for a period not to exceed 90 days unless ratified or
disapproved by the Board or rescinded by the Administrator.'' \8\
---------------------------------------------------------------------------
\7\ 49 U.S.C. 115(a) and (c)(1).
\8\ Id. 114(l)(2)(B).
---------------------------------------------------------------------------
Pursuant to these authorities, the Senior Official Performing the
Duties of the Deputy Secretary of Homeland Security, in his capacity as
chairman of the TSOB, requested TSOB review of the SD.\9\ On February
28, 2021, the TSOB ratified TSA Security Directive 1582/84-21-01. As
part of this ratification, the TSOB also ratified any extension of the
SD for a period no longer than the period of time that the Secretary's
national emergency determination and the CDC Order remain in effect
should the TSA Administrator determine that such an extension is
warranted to support implementation of the Executive Order, the
national emergency determination, and the CDC order.
---------------------------------------------------------------------------
\9\ DHS Delegation No. 7071.1, Delegation to the Deputy
Secretary to Chair the Transportation Security Oversight Board (Apr.
2, 2007).
---------------------------------------------------------------------------
The SD is available in the docket for this notice at https://www.regulations.gov/.
David P. Pekoske,
Senior Official Performing the Duties of Deputy Secretary of Homeland
Security & Chairman of the Transportation Security Oversight Board,
U.S. Department of Homeland Security.
[FR Doc. 2021-05241 Filed 3-10-21; 4:15 pm]
BILLING CODE 9110-9M-P
