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Rules and Regulations
Federal Register Vol. 86, No. 94
Tuesday, May 18, 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. DHS20210018

Ratification of Security Directives and Emergency Amendment Office of Strategy, Policy, and Plans, Department of Homeland Security DHS.
ACTION: Notification of ratification of directives and emergency amendment.
AGENCY:

DHS is publishing official notification that the Transportation Security Oversight Board TSOB has ratified Transportation Security Administration TSA aviation security directives SDs applicable to airport and aircraft operators and an emergency amendment EA applicable to foreign air carriers requiring mask wearing at airports and onboard commercial aircraft to protect the safety and security of the traveling public, transportation workers, and the transportation system from the threat of COVID19.
DATES: The ratification was executed on April 20, 2021, and took effect on that date.
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, 202 282
9708, john.cohen@hq.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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I. Background
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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 COVID19, including the new virus variants, the President issued
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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, provides that it shall be enforced by the Transportation Security
Jkt 253001

FR 7205 published Jan. 26, 2021.

2 Id.
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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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 Directives 15422101
and 15442102 and Emergency Amendment 15462101
On January 31, 2021, the Senior Official Performing the Duties of the TSA Administrator issued SD 154221
01 to airport operators, SD 15442102
to aircraft operators, and EA 154621
01 to foreign air carriers requiring mask wearing at airports and onboard commercial aircraft to protect the safety and security of the traveling public, transportation workers, and the transportation system from the threat of COVID19. The SDs and EA, which are available in the docket for this notice at https www.regulations.gov/, became effective on February 1, 2021, and were 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 SDs and EA implement the Executive Order, the Acting Secretary of Homeland Securitys national emergency determination, and the CDC
Order by requiring mask wearing at airports and onboard commercial aircraft. The SDs and EA mandate measures to secure and promote safety in the transportation system, including passengers and employees, by mitigating against the further spread of COVID19. Under the airport operator SD, covered operators must: 1 Make best efforts to provide individuals with prominent and adequate notice of the mask requirement to facilitate awareness and compliance; 2 require individuals to wear a mask; 3 escort individuals from the airport who refuse to comply with the mask requirement;
and 4 report incidents of noncompliance to TSA. Under the aircraft operator SD and the EA, covered operators and carriers must: 1 Provide prominent and adequate notice of the mask requirement to facilitate awareness and compliance; 2 require individuals to wear a mask; 3 refuse to 5 Id.

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