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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
inspectors to discuss matters of railroad safety.
Necessity of Issuing This E.O.
Taking into consideration the unique and exigent circumstances presented by the COVID19 pandemic particularly the recent emergence of variants with increased transmissibility, as well as the inconsistent use of masks observed by FRA inspectors through FRA
inspection and investigation during railroad operations, FRA has determined that the COVID19
pandemic has created an unsafe condition or practice involving a hazard of death or personal injurynot only to railroad personnel, but also to FRA and participating State 20 rail safety inspectors who interact with railroad personnel during the performance of their essential railroad safety duties.
This E.O. is necessary to abate this emergency situation, by FRA requiring face mask use in accordance with the CDC Order, to ensure a minimum level of nationwide compliance,21 together with the TSA SD. Railroad carriers 22
and their personnel must comply with the mask-wearing requirements set forth in the CDC Order while engaged in railroad operations,23 including whenever they are in a transportation hub/facility 24 under the railroad 20 49

U.S.C. 20105.
U.S.C. 20106a1.
22 Railroad means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including i commuter or other short-haul passenger service in a metropolitan or suburban area and commuter service that was operated by the Consolidated Rail Corporation on January 1, 1979; and ii high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
Railroad carrier means a person providing railroad transportation. General railroad system of transportation has the same meaning as under 49
CFR part 209, appendix AStatement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws.
23 Railroad operation means any activity which affects the movement of a train, locomotive, or other on-track equipment, singly or in combination with other equipment, on the track of a railroad.
24 Transportation hub/facility means any airport, bus terminal, marina, seaport or other port, subway stations, terminal including any fixed facility at which passengers are picked-up or discharged, train station, U.S. point of entry, or any other location that provides transportation subject to the jurisdiction of the United States. The meaning of the term transportation hub, as applied to railroad facilities, includes railroad terminals, yards, storage facilities, yard offices, crew rooms, maintenance shops, and other areas regularly occupied by railroad personnel. The CDC Order broadly requires persons to wear masks in such settings and applies in both passenger and freight rail facilities. See CDC FAQs explaining that employees at transportation hubs must wear a mask 21 49

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carriers control regardless of duty status.
Americas railroad transportation system is essentialnot only for public health, but also for Americas economy and other bedrocks of American life.
Railroads carry life-saving medical supplies and medical providers into and across the nation to our hospitals, nursing homes, and physicians offices.
Trains bring food and other essentials to our communities and bring Americas workforce to their jobs. Requiring mask use on our railroads will protect railroad employees and contractors, as well as FRA and participating State rail safety inspectors who enforce Federal railroad safety laws. Requiring mask use will also help control the spread of the virus causing the COVID19 pandemic, slow the rate of international spread from trains moving across U.S. borders, prevent the emergence of new variants, and more quickly re-open Americas economy.
For reasons described in the CDC
Order, this E.O. applies to railroad personnel who have received a COVID
19 vaccine and/or who have recovered from COVID19.25
Finding and Order Based on the foregoing, FRA has determined that the spread of the virus that causes COVID19 creates an emergency situation involving a hazard of death or personal injury.
Accordingly, under the authority of 49
U.S.C. 20104, delegated to the Administrator of FRA by the Secretary of Transportation, 49 CFR 1.89, it is hereby ordered that freight railroads, passenger railroads, and any other person whose actions are necessary to effectuate the directives in this E.O., take the following actions, as required:
I. Railroad carriers. A Railroad carriers must require their personnel to wear a mask in compliance with the CDC Order while engaged in railroad operations, including whenever in a transportation hub/facility under the railroad carriers control regardless of duty status, except as described in Section III Exceptions and exemptions, below. For the purpose of this E.O., the term personnel includes employees, contractors, probationary employees, and volunteers. Railroad carriers must provide their personnel with prominent and adequate notice of the mask requirements to facilitate awareness and while on the premises of a transportation hub unless they are the only person in the work area, such as in private offices, private hangars at airports, or in railroad yards available at: https
www.cdc.gov/coronavirus/2019-ncov/travelers/facemasks-public-transportation.html.
25 86 FR 8029.

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compliance.26 At a minimum, this notice must inform railroad carrier personnel of the following:
1. Federal law requires every individual to wear a mask while engaged in railroad operations unless otherwise exempted and failure to comply may result in removal from service.
2. Refusing to wear a mask is a violation of Federal law and railroad carrier personnel may be subject to FRA
enforcement action against them individually.
B Railroad carriers must establish written procedures to manage situations with their personnel who refuse to comply with the requirement to wear a mask. At a minimum, for any person who is not exempted from the requirement to wear a mask and who refuses to comply with an instruction given by the railroad carrier with respect to wearing a mask, the railroad carrier must:
1. Remove the person from performing duties in support of railroad operations; and 2. Make best efforts to remove the person from the railroad transportation hub/facility as soon as practicable.
II. Railroad carrier personnel.
Railroad carrier personnel must comply with the mask wearing requirements of the CDC Order while engaged in railroad operations, including whenever in a transportation hub/facility under the railroad carriers control regardless of duty status, except as described in Section III.D., below. For the purpose of this E.O., the term personnel includes employees, contractors, probationary employees, and volunteers.
III. Exceptions and exemptions. A
While the CDC Order applies to all persons awaiting, boarding, or alighting a conveyance and while in a transportation hub, 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. Note: The mask requirements in TSA SD 1582/8421
01, Security MeasuresFace Mask Requirements, apply to passengers and such persons.
B The requirement to wear a mask does not apply under the following circumstances:
1. When necessary to temporarily remove the mask for identity verification purposes.
2. For brief periods, while eating, drinking, or taking oral 26 Notice may include, if feasible, notifications on digital platforms, such as on apps, websites, or email; posted signage with illustrations; or other methods as appropriate.

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