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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations medications.27 Note: Prolonged periods of mask removal are not permitted for eating or drinking; the mask must be worn between bites and sips.
3. While communicating with a person who is deaf or hard of hearing, when the ability to see the mouth is essential for communication.
4. If unconscious for reasons other than sleeping, incapacitated, unable to be awakened, or otherwise unable to remove the mask without assistance.28
5. When necessary to temporarily remove the mask to provide a breath or saliva specimen for required alcohol testing under U.S. Department of Transportation drug and alcohol testing regulations or an employer-mandated substance abuse testing program.
C The following persons are exempted from wearing masks:
1. Persons in private conveyances operated solely for personal, noncommercial use.
2. A driver, when operating a commercial motor vehicle, such as a crew transportation van, limo, or taxi, as this term is defined in 49 CFR 390.5, if the driver is the sole occupant of the vehicle.
3. A person who is the sole occupant of an enclosed cab of a locomotive, hirail vehicle, roadway maintenance machine, or any other on-track equipment that has an enclosed cab.
D This E.O. exempts the following categories of persons from wearing masks: 29
27 The CDC has stated that brief periods of close contact without a mask should not exceed 15
minutes. https www.cdc.gov/coronavirus/2019ncov/php/public-health-recommendations.html.
28 Persons who are experiencing difficulty breathing or shortness of breath or are feeling winded may remove the mask temporarily until able to resume normal breathing with the mask.
Persons who are vomiting should remove the mask until vomiting ceases. Persons with acute illness may remove the mask if it interferes with necessary medical care such as supplemental oxygen administered via an oxygen mask. 86 FR 8027, FN 7.
29 Railroad carriers may impose requirements on employees requesting an exemption from the requirement to wear a mask, including medical consultation by a third party, medical documentation by a licensed medical provider, and/or other information as determined by the railroad carrier, as well as require evidence that the person does not have COVID19, such as a negative result from a SARSCoV2 viral test or documentation of recovery from COVID19. CDC
definitions for SARSCoV2 viral test and documentation of recovery are available in Frequently Asked Questions at: https
www.cdc.gov/coronavirus/2019-ncov/travelers/
testing-international-air-travelers.html. Railroad carriers may also impose additional protective measures that improve the ability of an employee eligible for exemption to maintain social distance separation from others by 6 feet. Railroad carriers may further require that employees seeking exemption from the requirement to wear a mask request an exemption in advance.

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1. People with disabilities who cannot wear a mask, or cannot safely wear a mask, because of the disability as defined by the Americans with Disabilities Act 42 U.S.C. 12101 et seq..30
2. People for whom wearing a mask would create a risk to workplace health, safety, or job duty as determined by the relevant workplace safety guidelines or Federal regulations.31
Preemption The requirements in this E.O. do not preempt any State, local, Tribal, or territorial rule, regulation, order, or standard necessary to eliminate or reduce a local safety hazard, which includes public health measures that are the same or more protective of public health than those required in this E.O., if that provision is not incompatible with this E.O.
Relief Any railroad carrier affected by this E.O. may petition for special approval to take actions not in accordance with this E.O. Petitions must be submitted to the Associate Administrator for Railroad Safety, who is authorized to act on those requests without amending this E.O. In reviewing any petition for special approval, the Associate Administrator will grant petitions only if the petitioner has clearly articulated an alternative action that will provide, in the Associate Administrators judgment, at least a level of safety equivalent to that provided by compliance with this E.O.
Civil Penalties Any violation of this E.O. may subject the person a railroad carrier committing the violation to a civil penalty of up to $118,826 for each day the violation continues. 49 U.S.C. 21301
and 86 FR 1751 Jan. 11, 2021. Any individual railroad personnel who willfully violates a provision stated in this order is subject to civil penalties under 49 U.S.C. 21301. In addition, any individual railroad personnel whose violation of this order demonstrates the individuals unfitness for safetysensitive service may be removed from safety-sensitive service on the railroad under 49 U.S.C. 20111. FRA may, through the Attorney General, also seek 30 This is a narrow exception that includes a person with a disability who cannot wear a mask for reasons related to the disability. CDC states it will issue additional guidance regarding persons who cannot wear a mask under this exemption.
https www.cdc.gov/quarantine/masks/masktravel-guidance.html. 86 FR at 802728.
31 For example, a maintenance shop employee performing welding operations may be exempt from this E.O., due to potential mask flammability concerns.

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injunctive relief to enforce this Order.
49 U.S.C. 20112.
Effective Date and Notice to Affected Persons This E.O. is effective upon issuance and railroad carriers subject to this E.O.
must immediately initiate steps to implement this E.O. This E.O. remains in effect until the CDC Order is modified or rescinded based on specific public health or other considerations, until the U.S. Secretary of Health and Human Services rescinds the determination under section 319 of the Public Health Service Act 42 U.S.C.
247d that a public health emergency exists, or until rescinded by FRA, unless FRA extends its terms by subsequent notice published in the Federal Register.
Review Opportunity for formal review of this E.O. will be provided under 49 U.S.C.
20104b and 5 U.S.C. 554.
Administrative procedures governing such review are at 49 CFR part 211.
Issued in Washington, DC, on February 24, 2021.
Amitabha Bose, Acting Administrator, Federal Railroad Administration.
FR Doc. 202104233 Filed 22521; 4:15 pm BILLING CODE 491006P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration 49 CFR Part 389
FMCSA20160341
RIN 2126AB96

Rulemaking Procedures Update Federal Motor Carrier Safety Administration FMCSA, U.S.
Department of Transportation.
ACTION: Final rule; delay of effective date.
AGENCY:

In accordance with the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled Regulatory Freeze Pending Review, the Department delays the effective date of the final rule, Rulemaking Procedures Update, until March 21, 2021.
DATES: As of March 1, 2021, the effective date of the final rule published on December 31, 2020, at 85 FR 86843, is delayed until March 21, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Steven J. LaFreniere, Regulatory SUMMARY:

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