Quiero saber acerca de...

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations including rail. To implement Executive Order 13998, to require compliance with the public health standards set forth in the CDC Order,5 and due to the immediate need to ensure masks are worn appropriately in the railroad industry to prevent the spread of COVID19, FRA has determined that an emergency situation involving a hazard of death and personal injury exists, and is issuing this E.O. pursuant to the authority of 49 U.S.C. 20101, 20104.
FRA is authorized to promote safety in every area of railroad operations. 49
U.S.C. 20101, 20103.6 The failure to wear masks as required by the CDC
Order during railroad operations could impact railroad employees safety with respect to the risks of COVID19.
Consistent with these mandates and FRAs authority, and after consultation with CDC and TSA, FRA is issuing this E.O. to require freight and passenger railroad carriers to comply with the mask 7 requirements of the CDC Order 8
during railroad operations subject to FRAs railroad safety jurisdiction, except to the extent portions of the passenger railroad carriers operations are already covered by the TSA SD. For example, this E.O. applies to all persons in or on a freight train, locomotive, high-rail vehicle, crew transportation vehicle, or in a railroad transportation 5 See
order under section 361 of the Public Health Service Act 42 U.S.C. 264 and 42 CFR 70.2, 71.31b, 71.32b; Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs January 29, 2021. 86 FR 8025 Feb. 3, 2021.
6 FRAs exercise of its authority is consistent with prior, targeted regulatory action taken under 49
U.S.C. ch. 201 to protect employee exposure to health risks in the workplace. See, e.g., rules on occupational noise exposure 49 CFR part 227, camp cars as sleeping quarters 49 CFR part 228, locomotive cab sanitation and cab temperature e.g., 49 CFR part 229.
7 Mask means a material covering the nose and mouth of the wearer, excluding face shields. The CDC has stated that 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 N95
respirators fulfill the requirements of this E.O. CDC
guidance for attributes of acceptable masks in the context of this E.O. is available at https
www.cdc.gov/quarantine/masks/mask-travelguidance.html.
8 The CDC Order states, While this CDC 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 Bidens Executive Order of January 21, 2021 Promoting COVID19 Safety in Domestic and International Travel. 86 FR 8030.

VerDate Sep<11>2014

16:15 Feb 26, 2021

Jkt 253001

facility, terminal, yard, storage facility, yard office, crew room, maintenance shop, and other areas regularly occupied by railroad personnel. While the CDC
Order applies to all persons awaiting, boarding, or alighting a conveyance and while in a transportation hub,9 this E.O.
does not apply to passengers or persons including railroad carrier personnel in or on a passenger train or in public areas of passenger railroad transportation hubs or facilities. The mask requirements in TSA SD 1582/8421
01, Security MeasuresFace Mask Requirements, apply to passengers and such persons.
There is currently a pandemic of respiratory disease, COVID19, caused by a novel coronavirus SARSCoV2.
As of February 16, 2021, there have been over 108,000,000 confirmed cases of COVID19 globally, resulting in nearly 2,400,000 deaths.10 As of February 14, 2021, there have been over 27,000,000 cases identified in the United States, and over 482,000 deaths due to the disease.11
According to the CDC, multiple new SARSCoV2 variants have emerged in recent weeks, including at least one with evidence of increased transmissibility.12 These variants seem to spread more easily and quickly than other variants, which may lead to more cases of COVID19.13 An increase in the number of cases will put more strain on 9 86 FR 8025 Feb. 3, 2021 requiring face masks to be worn by all travelers while on public transportation. Your Guide to Masks, https
www.cdc.gov/coronavirus/2019-ncov/preventgetting-sick/about-face-coverings.html CDC
recommends that people wear masks in public settings, at events and gatherings, and anywhere they will be around other people. Effective February 2, 2021, masks are required on planes, buses, trains, and other forms of public transportation traveling into, within, or out of the United States and in U.S.
transportation hubs such as airports and stations.;
Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs, https www.cdc.gov/coronavirus/2019-ncov/
travelers/face-masks-public-transportation.html CDC has issued an order that requires face masks to be worn by all travelers while on public transportation which includes all passengers and all personnel operating conveyances. People must wear masks that completely cover both the mouth and nose while awaiting, boarding, disembarking, or traveling on airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares as they are traveling into, within, or out of the United States and U.S. territories. People must also wear masks while at transportation hubs e.g., airports, bus or ferry terminals, train and subway stations, seaports and other locations where people board public transportation in the United States and U.S.
territories..
10 See https covid19.who.int.
11 See https covid.cdc.gov/covid-data-tracker/
datatracker-home.
12 See https www.cdc.gov/coronavirus/2019ncov/more/science-and-research/scientific-briefemerging-variants.html; https www.cdc.gov/
coronavirus/2019-ncov/transmission/variant.html.
13 Id.

PO 00000

Frm 00033

Fmt 4700

Sfmt 4700

11889

health care resources, lead to more hospitalizations, and potentially lead to more deaths.14 While the CDC is closely monitoring these new variants to learn more about them, rigorous and increased compliance with public health mitigation strategies, such as the use of masks, is essential to limit the spread of the virus including any new variants.15 Additionally, controlling the spread of the virus by implementing public health measures such as mask wearing will help prevent new mutations, as viruses will not mutate well if they do not have the opportunity to replicate freely.16 In short, given these developments, it is more critical than ever that persons wear masks whenever possible to help prevent the spread of the virus that causes COVID
19 and the further emergence of new variants. The CDC has also recently published research documenting a decline in COVID19 hospitalization growth rates associated with statewide mask mandates.17 For a detailed discussion on how appropriate mask wearing helps reduce COVID19
transmission, FRA refers readers to the CDC Order.18
Lack of Uniformity in Mask Wearing in Railroad Operations As of February 1, 2021, field observations 19 from FRAs railroad safety inspectors regarding mask use on railroad property indicate that the critical practice of wearing a face mask is not consistent or uniform among railroad personnel. While some railroad carriers require their personnel to wear masks when working in an occupied locomotive cab and in rail facilities and shops, FRA has found this is not a universal requirement. FRA has observed railroad personnel often not wearing a face mask on railroad property, both in situations where social distancing is possible, and situations involving close proximity to others.
FRA inspectors have also observed railroad personnel who did not put on a face mask when approached by the 14 Id.
15 https www.cdc.gov/coronavirus/2019-ncov/
transmission/variant.html.
16 https www.whitehouse.gov/briefing-room/
press-briefings/2021/02/03/press-briefing-whitehouse-covid-19-response-team-and-public-healthofficials/.
17 Joo H, Miller GF, Sunshine G, et al. Decline in COVID19 Hospitalization Growth Rates Associated with Statewide Mask Mandates10 States, March October 2020, MMWR Morb Mortal Wkly Rep.
ePub: 5 Feb. 2021. DOI: https www.cdc.gov/
mmwr/volumes/70/wr/mm7006e2.htm.
18 86 FR 80258030.
19 These FRA field observations constitute inspection and investigation under 49 U.S.C.
20104a1.

E:FRFM01MRR1.SGM

01MRR1