Federal Register - February 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices email; posted signage in multiple languages with illustrations; printing the requirement on transit tickets; or other methods as appropriate.
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DEFINITIONS:
Controlled free pratique shall have the same definition as under 42 CFR 71.1, meaning permission for a carrier to enter a U.S. port, disembark, and begin operation under certain stipulated conditions.
Conveyance shall have the same definition as under 42 CFR 70.1, meaning an aircraft, train, road vehicle,5 vessel . . . or other means of transport, including military. Included in the definition of conveyance is the term carrier which under 42 CFR 71.1
has the same definition as conveyance under 42 CFR 70.1.
Conveyance operator means an individual operating a conveyance and an individual or organization causing or authorizing the operation of a conveyance.
Mask means a material covering the nose and mouth of the wearer, excluding face shields.6
Interstate traffic shall have the same definition as under 42 CFR 70.1, meaning 1:
i The movement of any conveyance or the transportation of persons or property, including any portion of such movement or transportation that is entirely within a state or possession ii From a point of origin in any state or possession to a point of destination in any other state or possession; or iii Between a point of origin and a point of destination in the same state or possession but through any other state, possession, or contiguous foreign country.
2 Interstate traffic does not include the following:
i The movement of any conveyance which is solely for the purpose of unloading persons or property transported from a foreign country or loading persons or property for transportation to a foreign country.
5 This includes rideshares meaning arrangements where passengers travel in a privately owned road vehicle driven by its owner in connection with a fee or service.
6 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 Order. CDC guidance for attributes of acceptable masks in the context of this Order is available at: https www.cdc.gov/
quarantine/masks/mask-travel-guidance.html.
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ii The movement of any conveyance which is solely for the purpose of effecting its repair, reconstruction, rehabilitation, or storage.
Intrastate traffic means the movement of any conveyance or the transportation or movement of persons occurring solely within the boundaries of a state or territory, or on tribal land.
Possession shall have the same definition as under 42 CFR 70.1 and 71.1, meaning a U.S. territory.
State shall have the same definition as under 42 CFR 70.1, meaning any of the 50 states, plus the District of Columbia.
Territory shall have the same definition as U.S. territory under 42
CFR 70.1 and 71.1, meaning any territory also known as possessions of the United States, including American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
Transportation hub means any airport, bus terminal, marina, seaport or other port, subway station, terminal including any fixed facility at which passengers are picked-up or discharged, train station, U.S. port of entry, or any other location that provides transportation subject to the jurisdiction of the United States.
Transportation hub operator means an individual operating a transportation hub and an individual or organization causing or authorizing the operation of a transportation hub.
U.S. port shall have the same definition as under 42 CFR 71.1, meaning any seaport, airport, or border crossing point under the control of the United States.
STATEMENT OF INTENT:
This Order shall be interpreted and implemented in a manner as to achieve the following objectives:
Preservation of human life;
Maintaining a safe and secure operating transportation system;
Mitigating the further introduction, transmission, and spread of COVID19
into the United States and from one state or territory into any other state or territory; and Supporting response efforts to COVID19 at the Federal, state, local, territorial, and tribal levels.
APPLICABILITY:
This Order shall not apply within any state, locality, territory, or area under the jurisdiction of a Tribe that 1
requires a person to wear a mask on conveyances; 2 requires a person to wear a mask at transportation hubs; and 3 requires conveyances to transport only persons wearing masks. Such
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requirements must provide the same level of public health protection asor greater protection thanthe requirements listed herein.
In addition, the requirement to wear a mask shall not apply under the following circumstances:
While eating, drinking, or taking medication, for brief periods;
While communicating with a person who is hearing impaired when the ability to see the mouth is essential for communication;
If, on an aircraft, wearing of oxygen masks is needed because of loss of cabin pressure or other event affecting aircraft ventilation;
If unconscious for reasons other than sleeping, incapacitated, unable to be awakened, or otherwise unable to remove the mask without assistance; 7 or When necessary to temporarily remove the mask to verify ones identity such as during Transportation Security Administration screening or when asked to do so by the ticket or gate agent or any law enforcement official.
This Order exempts the following categories of persons: 8
A child under the age of 2 years;
A person with a disability 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..9
7 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.
8 Operators of conveyances or transportation hubs may impose requirements, or conditions for carriage, on persons 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 operator, 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 SARS-CoV2 viral test and documentation of recovery are available in the Frequently Asked Questions at: https www.cdc.gov/coronavirus/
2019-ncov/travelers/testing-international-airtravelers.html. Operators may also impose additional protective measures that improve the ability of a person eligible for exemption to maintain social distance separation from others by 6 feet, such as scheduling travel at less crowded times or on less crowded conveyances, or seating or otherwise situating the individual in a less crowded section of the conveyance or transportation hub. Operators may further require that persons seeking exemption from the requirement to wear a mask request an accommodation in advance.
9 This is a narrow exception that includes a person with a disability who cannot wear a mask
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