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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. DHS20210008

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 TSOBs 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
2829708, 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 COVID19, including the new virus variants, the President issued Executive Order 13,998, Promoting COVID19 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 COVID19
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 Secretarys 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 COVID19 and to mitigate the spread of COVID19 through the transportation system.
On January 29, 2021, the Director of the CDCs 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.

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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 1582/8421
01
On January 31, 2021, the Senior Official Performing the Duties of the TSA Administrator issued Security Directive 1582/842101 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 Secretarys 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 Securitys 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 COVID19. 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. 114l2A 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:FRFM12MRR1.SGM

12MRR1