Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8025 

The rapidly changing nature of the 

pandemic requires not only that CDC act 

swiftly, but also deftly to ensure that its 

actions are commensurate with the 

threat. This necessarily involves 

assessing evolving conditions that 

inform CDC’s determinations. 

The conditions that existed on 

September 4, 2020 have only worsened. 

As of January 21, 2021, there have been 

over 24,400,000 cases and over 400,000 

deaths. Data collected by Princeton 

University show that eviction filings are 

occurring; it is therefore expected that 

large numbers of evictions would be 

processed if the Order were to expire. 

[https://evictionlab.org/evictiontracking]. Without this Order, there is 

every reason to expect that evictions 

will increase significantly, resulting in 

further spread of COVID–19. It is 

imperative is to act quickly to protect 

the public health, and it would be 

impracticable and contrary to the public 

interest to delay the issuance and 

effective date of the Order pending 

notice-and-comment rulemaking. 

Similarly, if this Order qualifies as a 

rule under the APA, the Office of 

Information and Regulatory Affairs 

(OIRA) has determined that it would be 

a major rule under the Congressional 

Review Act (CRA). But there would not 

be a delay in its effective date. The 

agency has determined that for the same 

reasons, there would be good cause 

under the CRA to make the 

requirements herein effective 

immediately 

If any provision of this Order, or the 

application of any provision to any 

persons, entities, or circumstances, shall 

be held invalid, the remainder of the 

provisions, or the application of such 

provisions to any persons, entities, or 

circumstances other than those to which 

it is held invalid, shall remain valid and 

in effect. 

This Order shall be enforced by 

federal authorities and cooperating state 

and local authorities through the 

provisions of 18 U.S.C. 3559, 3571; 42 

U.S.C. 243, 268, 271; and 42 CFR 70.18. 

However, this Order has no effect on the 

contractual obligations of renters to pay 

rent and shall not preclude charging or 

collecting fees, penalties, or interest as 

a result of the failure to pay rent or other 

housing payment on a timely basis, 

under the terms of any applicable 

contract. 

Criminal Penalties 

Under 18 U.S.C. 3559, 3571; 42 U.S.C. 

271; and 42 CFR 70.18, a person 

violating this Order may be subject to a 

fine of no more than $100,000 if the 

violation does not result in a death, or 

a fine of no more than $250,000 if the 

violation results in a death, or as 

otherwise provided by law. An 

organization violating this Order may be 

subject to a fine of no more than 

$200,000 per event if the violation does 

not result in a death or $500,000 per 

event if the violation results in a death 

or as otherwise provided by law. The 

U.S. Department of Justice may initiate 

criminal proceedings as appropriate 

seeking imposition of these criminal 

penalties. 

Notice to Cooperating State and Local 

Officials 

Under 42 U.S.C. 243, the U.S. 

Department of Health and Human 

Services is authorized to cooperate with 

and aid state and local authorities in the 

enforcement of their quarantine and 

other health regulations and to accept 

state and local assistance in the 

enforcement of Federal quarantine rules 

and regulations, including in the 

enforcement of this Order. 

Notice of Available Federal Resources 

While this Order to prevent eviction 

is effectuated to protect the public 

health, the states and units of local 

government are reminded that the 

Federal Government has deployed 

unprecedented resources to address the 

pandemic, including housing assistance. 

The Department of Housing and 

Urban Development (HUD) has 

informed CDC that all HUD grantees— 

states, cities, communities, and 

nonprofits—who received Emergency 

Solutions Grants (ESG) or Community 

Development Block Grant (CDBG) funds 

under the CARES Act may use these 

funds to provide temporary rental 

assistance, homelessness prevention, or 

other aid to individuals who are 

experiencing financial hardship because 

of the pandemic and are at risk of being 

evicted, consistent with applicable laws, 

regulations, and guidance. 

HUD has further informed CDC that: 

HUD’s grantees and partners play a 

critical role in prioritizing efforts to 

support this goal. As grantees decide 

how to deploy CDBG–CV and ESG–CV 

funds provided by the CARES Act, all 

communities should assess what 

resources have already been allocated to 

prevent evictions and homelessness 

through temporary rental assistance and 

homelessness prevention, particularly to 

the most vulnerable households. 

HUD stands at the ready to support 

American communities take these steps 

to reduce the spread of COVID–19 and 

maintain economic prosperity. Where 

gaps are identified, grantees should 

coordinate across available Federal, 

non-Federal, and philanthropic funds to 

ensure these critical needs are 

sufficiently addressed and utilize HUD 

’s technical assistance to design and 

implement programs to support a 

coordinated response to eviction 

prevention needs. For program support, 

including technical assistance, please 

visit www.hudexchange.info/programsupport. For further information on 

HUD resources, tools, and guidance 

available to respond to the COVID–19 

pandemic, state and local officials are 

directed to visit https://www.hud.gov/ 

coronavirus. These tools include 

toolkits for Public Housing Authorities 

and Housing Choice Voucher landlords 

related to housing stability and eviction 

prevention, as well as similar guidance 

for owners and renters in HUD-assisted 

multifamily properties. 

Similarly, the Department of the 

Treasury has informed CDC that the 

funds allocated through the Coronavirus 

Relief Fund and the Emergency Rental 

Assistance Program may be used to fund 

rental assistance programs to prevent 

eviction. Visit https://

home.treasury.gov/policy-issues/cares/ 

state-and-local-governments for more 

information about the Coronavirus 

Relief Fund and https://

home.treasury.gov/policy-issues/cares/ 

emergency-rental-assistance-program 

for more information about the 

Emergency Rental Assistance Program.. 

Effective Date 

This Order is effective on January 31, 

2021 and will remain in effect, unless 

extended, modified, or rescinded, 

through March 31, 2021. 

Authority 

The authority for this Order is Section 

361 of the Public Health Service Act (42 

U.S.C. 264) and 42 CFR 70.2. 

Dated: January 29, 2021. 

Sherri Berger 

Acting Chief of Staff, Centers for Disease 

Control and Prevention. 

[FR Doc. 2021–02243 Filed 1–29–21; 4:15 pm] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Requirement for Persons To Wear 

Masks While on Conveyances and at 

Transportation Hubs 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of Agency Order. 


jbell on DSKJLSW7X2PROD with NOTICES
8026 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

1As used in this Order, ‘‘persons’’ includes 

travelers (i.e., passengers and crew), conveyance 

operators, and any workers or service providers in 

the transportation hub. 

2To ‘‘wear a mask’’ means to wear a mask over 

the nose and mouth. 

3This includes international, interstate, or 

intrastate waterways, subject to the jurisdiction of 

the United States. 

4As a condition of this controlled free pratique 

to commence or continue operations in the United 

States, conveyance operators must additionally 

require all persons to wear masks on board 

conveyances departing from the United States and 

for the duration of their travel until the conveyance 

arrives at the foreign destination if at any time any 

of the persons on the conveyance (passengers, crew, 

or conveyance operators) will return to the United 

States while this Order remains in effect. This 

precaution must be followed regardless of 

scheduled itinerary. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC), a 

component of the U.S. Department of 

Health and Human Services (HHS), 

announces an Agency Order requiring 

persons to wear masks over the mouth 

and nose when traveling on any 

conveyance (e.g., airplanes, trains, 

subways, buses, taxis, ride-shares, 

ferries, ships, trolleys, and cable cars) 

into or within the United States. A 

person must also wear a mask on any 

conveyance departing from the United 

States until the conveyance reaches its 

foreign destination. Additionally, a 

person must wear a mask while at any 

transportation hub within the United 

States (e.g., airport, bus terminal, 

marina, train station, seaport or other 

port, subway station, or any other area 

that provides transportation within the 

United States). Furthermore, operators 

of conveyances and transportation hubs 

must use best efforts to ensure that 

persons wear masks as required by this 

Order. 

DATES: This Order takes effect at 11:59 

p.m. Monday February 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Buigut, Division of Global 

Migration and Quarantine, Centers for 

Disease Control and Prevention, 1600 

Clifton Road NE, MS H16–4, Atlanta, 

GA 30329. Email: dgmqpolicyoffice@

cdc.gov. 

SUPPLEMENTARY INFORMATION: The virus 

that causes COVID–19 spreads very 

easily and sustainably between people 

who are in close contact with one 

another (within about 6 feet) mainly 

through respiratory droplets produced 

when an infected person coughs, 

sneezes, or talks. These droplets can 

land in the mouths, eyes, or noses of 

people who are nearby and possibly be 

inhaled into the lungs. Some people 

without symptoms also spread the virus. 

In general, the more closely a person 

interacts with others and the longer that 

interaction, the higher the risk of 

COVID–19 spread. 

This Order is issued to preserve 

human life; maintain a safe and 

operating transportation system; 

mitigate the further introduction, 

transmission, and spread of COVID–19 

into the United States and from one 

state or territory into any other state or 

territory; and support response efforts to 

COVID–19 at the Federal, state, local, 

territorial, and tribal level. 

Appropriately worn masks reduce the 

spread of COVID–19—particularly given 

the evidence of pre-symptomatic and 

asymptomatic transmission of COVID– 

19. Masks are most likely to reduce the 

spread of COVID–19 when they are 

widely used by people in public 

settings. Using masks along with other 

preventive measures, including social 

distancing, frequent handwashing, and 

cleaning and disinfecting frequently 

touched surfaces, is one of the most 

effective strategies available for 

reducing COVID–19 transmission. 

This Order will remain in effect 

unless modified or rescinded based on 

specific public health or other 

considerations, or until the 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. 

A copy of the Order is provided below 

and a copy of the signed order can be 

found at https://www.cdc.gov/ 

quarantine/masks/mask-travelguidance.html 

CENTERS FOR DISEASE CONTROL 

AND PREVENTION 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

ORDER UNDER SECTION 361 

OF THE PUBLIC HEALTH SERVICE 

ACT (42 U.S.C. 264) 

AND 42 CODE OF FEDERAL 

REGULATIONS 70.2, 71.31(b), 71.32(b) 

REQUIREMENT FOR PERSONS TO 

WEAR MASKS 

WHILE ON CONVEYANCES AND AT 

TRANSPORTATION HUBS 

SUMMARY: 

Notice and Order; and subject to the 

limitations under ‘‘Applicability,’’ 

pursuant to 42 U.S.C. 264(a) and 42 CFR 

70.2, 71.31(b), and 71.32(b): 

(1) Persons 1 must wear 2 masks over 

the mouth and nose when traveling on 

conveyances into and within the United 

States. Persons must also wear masks at 

transportation hubs as defined in this 

Order. 

(2) A conveyance operator 

transporting persons into and within the 

United States 3 must require all persons 

onboard to wear masks for the duration 

of travel. 

(3) A conveyance operators operating 

a conveyance arriving at or departing 

from a U.S. port of entry must require 

all persons on board to wear masks for 

the duration of travel as a condition of 

controlled free pratique.4

(4) Conveyance operators must use 

best efforts to ensure that any person on 

the conveyance wears a mask when 

boarding, disembarking, and for the 

duration of travel. Best efforts include: 

• Boarding only those persons who 

wear masks; 

• instructing persons that Federal law 

requires wearing a mask on the 

conveyance and failure to comply 

constitutes a violation of Federal law; 

• monitoring persons onboard the 

conveyance for anyone who is not 

wearing a mask and seeking compliance 

from such persons; 

• at the earliest opportunity, 

disembarking any person who refuses to 

comply; and 

• providing persons with prominent 

and adequate notice to facilitate 

awareness and compliance of the 

requirement of this Order to wear a 

mask; best practices may include, if 

feasible, advance notifications on digital 

platforms, such as on apps, websites, or 

email; posted signage in multiple 

languages with illustrations; printing 

the requirement on transit tickets; or 

other methods as appropriate. 

(5) Operators of transportation hubs 

must use best efforts to ensure that any 

person entering or on the premises of 

the transportation hub wears a mask. 

Best efforts include: 

• Allowing entry only to those 

persons who wear masks; 

• instructing persons that Federal law 

requires wearing a mask in the 

transportation hub and failure to 

comply constitutes a violation of 

Federal law; 

• monitoring persons on the premises 

of the transportation hub for anyone 

who is not wearing a mask and seeking 

compliance from such persons; 

• at the earliest opportunity, 

removing any person who refuses to 

comply from the premises of the 

transportation hub; and 

• providing persons with prominent 

and adequate notice to facilitate 

awareness and compliance with the 

requirement of this Order to wear a 

mask; best practices may include, if 

feasible, advance notifications on digital 

platforms, such as on apps, websites, or 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8027 

5This includes rideshares meaning arrangements 

where passengers travel in a privately owned road 

vehicle driven by its owner in connection with a 

fee or service. 

6A 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 N–95 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. 

7Persons 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. 

8Operators 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 COVID–19 such as a negative result 

from a SARS–CoV–2 viral test or documentation of 

recovery from COVID–19. CDC definitions for 

SARS-CoV–2 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. 

9This is a narrow exception that includes a 

person with a disability who cannot wear a mask 

Continued 

email; posted signage in multiple 

languages with illustrations; printing 

the requirement on transit tickets; or 

other methods as appropriate. 

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. 

(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 COVID–19 

into the United States and from one 

state or territory into any other state or 

territory; and 

• Supporting response efforts to 

COVID–19 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 

requirements must provide the same 

level of public health protection as—or 

greater protection than—the 

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 one’s 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


jbell on DSKJLSW7X2PROD with NOTICES
8028 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

for reasons related to the disability. CDC will issue 

additional guidance regarding persons who cannot 

wear a mask under this exemption. https://

www.cdc.gov/quarantine/masks/mask-travelguidance.html. 

10https://www.whitehouse.gov/briefing-room/ 

presidential-actions/2021/01/21/executive-orderpromoting-covid-19-safety-in-domestic-andinternational-travel/. 

11https://www.cdc.gov/coronavirus/2019-ncov/ 

more/science-and-research/scientific-briefemerging-variants.html. 

12https://www.cdc.gov/coronavirus/2019-ncov/ 

more/masking-science-sars-cov2.html. 

13Leung NHL, Chu DKW, Shiu EYC, et al. 

Respiratory virus shedding in exhaled breath and 

efficacy of face masks. Nature Medicine. 

2020;26(5):676–680.https://dx.doi.org/10.1038/ 

s41591-020-0843-2. 

14Moghadas SM, Fitzpatrick MC, Sah P, et al. The 

implications of silent transmission for the control 

of COVID–19 outbreaks. Proc Natl Acad Sci U S A. 

2020;117(30):17513–17515.10.1073/ 

pnas.2008373117. https://www.ncbi.nlm.nih.gov/ 

pubmed/32632012. 

15 Johansson MA, Quandelacy TM, Kada S, et al. 

SARS–CoV–2 Transmission From People Without 

COVID–19 Symptoms. Johansson MA, et al. JAMA 

Netw Open. 2021 Jan 4;4(1):e2035057. doi: 10.1001/ 

jamanetworkopen.2020.35057. 

16Ueki H, Furusawa Y, Iwatsuki-Horimoto K, et 

al. Effectiveness of Face Masks in Preventing 

Airborne Transmission of SARS–CoV–2. mSphere. 

2020;5(5).10.1128/mSphere.00637–20. https://

www.ncbi.nlm.nih.gov/pubmed/33087517. 

17Wang X, Ferro EG, Zhou G, Hashimoto D, Bhatt 

DL. Association Between Universal Masking in a 

Health Care System and SARS–CoV–2 Positivity 

Among Health Care Workers. JAMA. 2020.10.1001/ 

jama.2020.12897. https://www.ncbi.nlm.nih.gov/ 

pubmed/32663246. 

18Mitze T., Kosfeld R., Rode J., Wa ̈lde K. Face 

Masks Considerably Reduce COVID–19 Cases in 

Germany: A Synthetic Control Method Approach. 

IZA—Institute of Labor Economics 

(Germany);2020.ISSN: 2365–9793, DP No. 13319. 

http://ftp.iza.org/dp13319.pdf. 

19 Gallaway MS, Rigler J, Robinson S, et al. 

Trends in COVID–19 Incidence After 

Implementation of Mitigation Measures—Arizona, 

January 22-August 7, 2020. MMWR Morb Mortal 

Wkly Rep. 2020;69(40):1460–1463.10.15585/ 

mmwr.mm6940e3. https://www.ncbi.nlm.nih.gov/ 

pubmed/33031366. 

20Lyu W, Wehby GL. Community Use Of Face 

Masks And COVID–19: Evidence From A Natural 

Experiment Of State Mandates In The US. Health 

Aff (Millwood). 2020;39(8):1419–1425.10.1377/ 

hlthaff.2020.00818. https://www.ncbi.nlm.nih.gov/ 

pubmed/32543923. 

21Hatzius J, Struyven D, Rosenberg I. Face Masks 

and GDP. Goldman Sachs Research https://

www.goldmansachs.com/insights/pages/facemasks-and-gdp.html. Accessed January 20, 2021. 

22 Karaivanov A., Lu SE, Shigeoka H., Chen C., 

Pamplona S. Face Masks, Public Policies and 

Slowing the Spread of Covid–19: Evidence from 

Canada National Bureau of Economic Research 

2020. Working Paper 27891. http://www.nber.org/ 

papers/w27891. 

23Chernozhukov V, Kasahara H, Schrimpf P. 

Causal Impact of Masks, Policies, Behavior on Early 

Covid–19 Pandemic in the U.S. J Econom. 2021 

Jan;220(1):23–62. doi: 10.1016/ 

j.jeconom.2020.09.003. Epub 2020 Oct 17. 

24Hatzius J, Struyven D, Rosenberg I. Face Masks 

and GDP. Goldman Sachs Research https://

www.goldmansachs.com/insights/pages/facemasks-and-gdp.html. Accessed January 20, 2021. 

25Chernozhukov V, Kasahara H, Schrimpf P. 

Causal Impact of Masks, Policies, Behavior on Early 

Covid–19 Pandemic in the U.S. J Econom. 2021 

Jan;220(1):23–62. doi: 10.1016/ 

j.jeconom.2020.09.003. Epub 2020 Oct 17. 

26Leffler CT, Ing EB, Lykins JD, Hogan MC, 

McKeown CA, Grzybowski A. Association of 

country-wide coronavirus mortality with 

demographics, testing, lockdowns, and public 

wearing of masks. Am J Trop Med Hyg. 2020 

Dec;103(6):2400–2411. doi: 10.4269/ajtmh.20–1015. 

Epub 2020 Oct 26. 

• A person 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. 

This Order exempts the following 

categories of conveyances, including 

persons on board such conveyances: 

• Private conveyances operated solely 

for personal, non-commercial use; 

• Commercial motor vehicles or 

trucks as these terms are defined in 49 

CFR 390.5, if the driver is the sole 

occupant of the vehicle or truck; 

• Conveyances operated or chartered 

by the U.S. military services provided 

that such conveyance operators observe 

Department of Defense precautions to 

prevent the transmission of COVID–19 

that are equivalent to the precautions in 

this Order. 

This Order applies to persons on 

conveyances and at transportation hubs 

directly operated by U.S. state, local, 

territorial, or tribal government 

authorities, as well as the operators 

themselves. U.S. state, local, territorial, 

or tribal government authorities directly 

operating conveyances and 

transportation hubs may be subject to 

additional federal authorities or actions, 

and are encouraged to implement 

additional measures enforcing the 

provisions of this Order regarding 

persons traveling onboard conveyances 

and at transportation hubs operated by 

these government entities. 

To the extent permitted by law, and 

consistent with President Biden’s 

Executive Order of January 21, 2021 

(Promoting COVID–19 Safety in 

Domestic and International Travel),10

Federal agencies are required to 

implement additional measures 

enforcing the provisions of this Order. 

BACKGROUND: 

There is currently a pandemic of 

respiratory disease (coronavirus disease 

2019 or ‘‘COVID–19’’) caused by a novel 

coronavirus (SARS–COV–2). As of 

January 27, 2021, there have been 

99,638,507 confirmed cases of COVID– 

19 globally, resulting in more than 

2,141,000 deaths. As of January 27, 

2021, there have been over 25,000,000 

cases identified in the United States and 

over 415,000 deaths due to the disease. 

New SARS–CoV–2 variants have 

emerged in recent weeks, including at 

least one with evidence of increased 

transmissibility.11

The virus that causes COVID–19 

spreads very easily and sustainably 

between people who are in close contact 

with one another (within about 6 feet) 

mainly through respiratory droplets 

produced when an infected person 

coughs, sneezes, or talks. These droplets 

can land in the mouths, eyes, or noses 

of people who are nearby and possibly 

be inhaled into the lungs. Infected 

people without symptoms 

(asymptomatic) and those in whom 

symptoms have not yet developed (presymptomatic) can also spread the virus. 

In general, the more closely an infected 

person interacts with others and the 

longer those interactions, the higher the 

risk of COVID–19 spread. COVID–19 

may be transmitted by touching surfaces 

or objects that have the virus on them 

and then touching one’s own or another 

person’s eyes, nose, or mouth. 

Masks help prevent people who have 

COVID–19, including those who are presymptomatic or asymptomatic, from 

spreading the virus to others.12 Masks 

are primarily intended to reduce the 

emission of virus-laden droplets, i.e., 

they act as source control by blocking 

exhaled virus.13 This is especially 

relevant for asymptomatic or presymptomatic infected wearers who feel 

well and may be unaware of their 

infectiousness to others, and who are 

estimated to account for more than 50% 

of transmissions.14 15 Masks also provide 

personal protection to the wearer by 

reducing inhalation of these droplets, 

i.e., they reduce wearers’ exposure 

through filtration.16 The community 

benefit of wearing masks for SARS– 

CoV–2 control is due to the combination 

of these effects; individual prevention 

benefit increases with increasing 

numbers of people using masks 

consistently and correctly. 

Appropriately worn masks reduce the 

spread of COVID–19—particularly given 

the evidence of pre-symptomatic and 

asymptomatic transmission of COVID– 

19. Seven studies have confirmed the 

benefit of universal masking in 

community level analyses: in a unified 

hospital system,17 a German city,18 a 

U.S. State,19 a panel of 15 U.S. States 

and Washington, DC,20 21 as well as both 

Canada 22 and the United States 23

nationally. Each analysis demonstrated 

that, following directives from 

organizational and political leadership 

for universal masking, new infections 

fell significantly. Two of these 

studies 24 25 and an additional analysis 

of data from 200 countries that included 

localities within the United States 26

also demonstrated reductions in 


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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8029 

27Hatzius J, Struyven D, Rosenberg I. Face Masks 

and GDP. Goldman Sachs Research https://

www.goldmansachs.com/insights/pages/facemasks-and-gdp.html. Accessed January 20, 2021. 

28https://www.cdc.gov/coronavirus/2019-ncov/ 

need-extra-precautions/index.html. 

29Based on internet sources, 37 states plus DC 

and Puerto Rico mandate the wearing of masks in 

public. Among the jurisdictions that have imposed 

mask mandates, variations in requirements exist. 

For example, exemptions for children range in 

cutoff age from 2 to 12, but masks are generally 

required in indoor public spaces such as restaurants 

and stores, on public transit and ride-hailing 

services, and outdoors when unable to maintain 6 

feet of distance from others. See https://

www.aarp.org/health/healthy-living/info-2020/ 

states-mask-mandates-coronavirus.html (accessed 

January 28, 2021). 

30https://www.cdc.gov/vaccines/covid-19/infoby-product/clinical-considerations.html. 

31https://www.cdc.gov/coronavirus/2019-ncov/ 

prevent-getting-sick/prevention.html. 

32https://www.cdc.gov/coronavirus/2019-ncov/ 

hcp/duration-isolation.html. 

mortality. An economic analysis using 

U.S. data found that, given these effects, 

increasing universal masking by 15% 

could prevent the need for lockdowns 

and reduce associated losses of up to $1 

trillion or about 5% of gross domestic 

product.27

Wearing a mask especially helps 

protect those at increased risk of severe 

illness from COVID–19 28 and workers 

who frequently come into close contact 

with other people (e.g., at transportation 

hubs). Masks are most likely to reduce 

the spread of COVID–19 when they are 

widely used by people in public 

settings. Using masks along with other 

preventive measures, including social 

distancing, frequent handwashing, and 

cleaning and disinfecting frequently 

touched surfaces, is one of the most 

effective strategies available for 

reducing COVID–19 transmission. 

Traveling on multi-person 

conveyances increases a person’s risk of 

getting and spreading COVID–19 by 

bringing persons in close contact with 

others, often for prolonged periods, and 

exposing them to frequently touched 

surfaces. Air travel often requires 

spending time in security lines and 

crowded airport terminals. Social 

distancing may be difficult if not 

impossible on flights. People may not be 

able to distance themselves by the 

recommended 6 feet from individuals 

seated nearby or those standing in or 

passing through the aircraft’s aisles. 

Travel by bus, train, vessel, and other 

conveyances used for international, 

interstate, or intrastate transportation 

pose similar challenges. 

Intrastate transmission of the virus 

has led to—and continues to lead to— 

interstate and international spread of 

the virus, particularly on public 

conveyances and in travel hubs, where 

passengers who may themselves be 

traveling only within their state or 

territory commonly interact with others 

traveling between states or territories or 

internationally. Some states, territories, 

Tribes, and local public health 

authorities have imposed mask-wearing 

requirements within their jurisdictional 

boundaries to protect public health.29

Any state or territory without sufficient 

mask-wearing requirements for 

transportation systems within its 

jurisdiction has not taken adequate 

measures to prevent the spread of 

COVID–19 from such state or territory to 

any other state or territory. That 

determination is based on, inter alia, the 

rapid and continuing transmission of 

the virus across all states and territories 

and across most of the world. 

Furthermore, given how interconnected 

most transportation systems are across 

the nation and the world, local 

transmission can grow even more 

quickly into interstate and international 

transmission when infected persons 

travel on non-personal conveyances 

without wearing a mask and with others 

who are not wearing masks. 

Therefore, I have determined that the 

mask-wearing requirements in this 

Order are reasonably necessary to 

prevent the further introduction, 

transmission, or spread of COVID–19 

into the United States and among the 

states and territories. Individuals 

traveling into or departing from the 

United States, traveling interstate, or 

traveling entirely intrastate, conveyance 

operators that transport such 

individuals, and transportation hub 

operators that facilitate such 

transportation, must comply with the 

mask-wearing requirements set forth in 

this Order. 

America’s transportation systems are 

essential. Not only are they essential for 

public health, they are also essential for 

America’s economy and other bedrocks 

of American life. Those transportation 

systems carry life-saving medical 

supplies and medical providers into and 

across the nation to our hospitals, 

nursing homes, and physicians’ offices. 

Trains, planes, ships, and automobiles 

bring food and other essentials to our 

communities and to our homes. Buses 

bring America’s children and teachers to 

school. Buses, trains, and subways, 

bring America’s workforce to their jobs. 

Requiring masks on our transportation 

systems will protect Americans and 

provide confidence that we can once 

again travel safely even during this 

pandemic. Therefore, requiring masks 

will help us control this pandemic and 

aid in re-opening America’s economy. 

The United States and countries 

around the world are currently 

embarking on efforts to vaccinate their 

populations, starting with healthcare 

personnel and other essential workers at 

increased risk of exposure to SARS– 

CoV–2 and people at increased risk for 

severe illness from the virus. While 

vaccines are highly effective at 

preventing severe or symptomatic 

COVID–19, at this time there is limited 

information on how much the available 

COVID–19 vaccines may reduce 

transmission in the general population 

and how long protection lasts.30

Therefore, this mask requirement, as 

well as CDC recommendations to 

prevent spread of COVID–19,31

additionally apply to vaccinated 

persons. Similarly, CDC recommends 

that people who have recovered from 

COVID–19 continue to take precautions 

to protect themselves and others, 

including wearing masks; 32 therefore, 

this mask requirement also applies to 

people who have recovered from 

COVID–19. 

ACTION: 

Until further notice, under 42 U.S.C. 

264(a) and 42 CFR 70.2, 71.31(b), and 

71.32(b), unless excluded or exempted 

as set forth in this Order, a person must 

wear a mask while boarding, 

disembarking, and traveling on any 

conveyance into or within the United 

States. A person must also wear a mask 

at any transportation hub that provides 

transportation within the United States. 

Conveyance operators traveling into 

or within the United States may 

transport only persons wearing masks 

and must use best efforts to ensure that 

masks are worn when embarking, 

disembarking, and throughout the 

duration of travel. Operators of 

transportation hubs must use best efforts 

to ensure that any person entering or on 

the premises of the transportation hub 

wears a mask. 

As a condition of receiving controlled 

free pratique under 42 CFR 71.31(b) to 

enter a U.S. port, disembark passengers, 

and begin operations at any U.S. port of 

entry, conveyances arriving into the 

United States must require persons to 

wear masks while boarding, 

disembarking, and for the duration of 

travel. Conveyance operators must also 

require all persons to wear masks while 

boarding and for the duration of their 

travel on board conveyances departing 

from the United States until the 

conveyance arrives at the foreign 

destination, if at any time any of the 

persons onboard (passengers, crew, or 

conveyance operators) will return to the 

United States while this Order remains 

in effect. These travel conditions are 


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8030 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

33While this Order may be enforced and CDC 

reserves the right to enforce through criminal 

penalties, CDC does not intend to rely primarily on 

these criminal penalties but instead strongly 

encourages and anticipates widespread voluntary 

compliance as well as support from other federal 

agencies in implementing additional civil measures 

enforcing the provisions of this Order, to the extent 

permitted by law and consistent with President 

Biden’s Executive Order of January 21, 2021 

(Promoting COVID–19 Safety in Domestic and 

International Travel). 

necessary to mitigate the harm of further 

introduction of COVID–19 into the 

United States. 

Requiring a properly worn mask is a 

reasonable and necessary measure to 

prevent the introduction, transmission 

and spread of COVID–19 into the United 

States and among the states and 

territories under 42 U.S.C. 264(a) and 42 

CFR 71.32(b). Among other benefits, 

masks help prevent dispersal of an 

infected person’s respiratory droplets 

that carry the virus. That precaution 

helps prevent droplets from landing in 

the eye, mouth, or nose or possibly 

being inhaled into the lungs of an 

uninfected person, or from landing on a 

surface or object that an uninfected 

person may then touch and then touch 

his or her own or another’s eyes, nose, 

or mouth. Masks also provide some 

protection to the wearer by helping 

reduce inhalation of respiratory 

droplets. 

This Order shall not apply within any 

state, locality, territory, or area under 

the jurisdiction of a Tribe, where the 

controlling governmental authority: (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. Those 

requirements must provide the same 

level of public health protection as—or 

greater protection than—the 

requirements listed herein. 

In accordance with 42 U.S.C. 264(e), 

state, local, territorial, and tribal 

authorities may impose additional 

requirements that provide greater public 

health protection and are more 

restrictive than the requirements in this 

Order. Consistent with other federal, 

state, or local legal requirements, this 

Order does not preclude operators of 

conveyances or transportation hubs 

from imposing additional requirements, 

or conditions for carriage, that provide 

greater public health protection and are 

more restrictive than the requirements 

in this Order (e.g., requiring a negative 

result from a SARS–CoV–2 viral test or 

documentation of recovery from 

COVID–19 or imposing requirements for 

social distancing or other recommended 

protective measures). 

This Order is not a rule within the 

meaning of the Administrative 

Procedure Act (‘‘APA’’) but rather is an 

emergency action taken under the 

existing authority of 42 U.S.C. 264(a) 

and 42 CFR 70.2, 71.31(b), 71.32(b). In 

the event that a court determines this 

Order qualifies as a rule under the APA, 

notice and comment and a delay in 

effective date are not required because 

there is good cause to dispense with 

prior public notice and comment and 

the opportunity to comment on this 

Order and the delay in effective date. 

Considering the public health 

emergency caused by COVID–19, it 

would be impracticable and contrary to 

the public’s health, and by extension the 

public’s interest, to delay the issuance 

and effective date of this Order. 

Similarly, the Office of Information and 

Regulatory Affairs has determined that 

if this Order were a rule, it would be a 

major rule under the Congressional 

Review Act, but there would not be a 

delay in its effective date as the agency 

has determined that there would be 

good cause to make the requirements 

herein effective immediately under the 

APA. 

This order is also an economically 

significant regulatory action under 

Executive Order 12866 and has 

therefore been reviewed by the Office of 

Information and Regulatory Affairs of 

the Office of Management and Budget. 

The agency is proceeding without the 

complete analysis required by Executive 

Order 12866 under the emergency 

provisions of 6(a)(3)(D) of that Order. 

If any provision of this Order, or the 

application of any provision to any 

carriers, conveyances, persons, or 

circumstances, shall be held invalid, the 

remainder of the provisions, or the 

application of such provisions to any 

carriers, conveyances, persons, or 

circumstances other than those to which 

it is held invalid, shall remain valid and 

in effect. 

To address the COVID–19 public 

health threat to transportation security, 

this Order shall be enforced by the 

Transportation Security Administration 

under appropriate statutory and 

regulatory authorities including the 

provisions of 49 U.S.C. 106, 114, 44902, 

44903, and 46301; and 49 CFR part 

1503, 1540.105, 1542.303, 1544.305 and 

1546.105. 

This Order shall be further enforced 

by other federal authorities and may be 

enforced by cooperating state and local 

authorities through the provisions of 18 

U.S.C. 3559, 3571; 42 U.S.C. 243, 268, 

271; and 42 CFR 70.18 and 71.2.33

EFFECTIVE DATE: 

This Order shall enter into effect on 

February 1, 2021, at 11:59 p.m. and will 

remain in effect unless modified or 

rescinded based on specific public 

health or other considerations, or until 

the 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. 

Dated: February 1, 2021. 

Sherri Berger, 

Acting Chief of Staff, Centers for Disease 

Control and Prevention. 

[FR Doc. 2021–02340 Filed 2–1–21; 4:15 pm] 

BILLING CODE 4163–18–P 

DEPARTMENT OF THE INTERIOR 

Geological Survey 

[GX20EG31DW50100; OMB Control Number 

1028-New] 

Agency Information Collection 

Activities; Hydrography Addressing 

tool 

AGENCY: U.S. Geological Survey, 

Interior. 

ACTION: Notice of Information 

Collection; request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, we, 

the U.S. Geological Survey (USGS) are 

proposing a new information collection. 

DATES: Interested persons are invited to 

submit comments on or before April 5, 

2021. 

ADDRESSES: Send your comments on 

this information collection request (ICR) 

by mail to U.S. Geological Survey, 

Information Collections Officer, 12201 

Sunrise Valley Drive MS 159, Reston, 

VA 20192; or by email to gs-info_

collections@usgs.gov. Please reference 

OMB Control Number 1028–xxxx in the 

subject line of your comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact Michael Tinker by 

email at mdtinker@usgs.gov or by 

telephone at 303–202–4476. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995, we provide the 

general public and other Federal 

agencies with an opportunity to 

comment on new, proposed, revised, 

and continuing collections of 

information. This helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. It also helps the 

public understand our information 

collection requirements and provide the 

requested data in the desired format. 

We are soliciting comments on the 

proposed ICR that is described below. 


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