[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8025-8030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02340]


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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.

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[[Page 8026]]

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: 
<a href="/cdn-cgi/l/email-protection#0d696a607c7d6261646e74626b6b646e684d6e696e236a627b"><span class="__cf_email__" data-cfemail="fd999a908c8d9291949e84929b9b949e98bd9e999ed39a928b">[email protected]</span></a>.

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-travel-guidance.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.
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    \1\ As used in this Order, ``persons'' includes travelers (i.e., 
passengers and crew), conveyance operators, and any workers or 
service providers in the transportation hub.
    \2\ To ``wear a mask'' means to wear a mask over the nose and 
mouth.
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    (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.
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    \3\ This includes international, interstate, or intrastate 
waterways, subject to the jurisdiction of the United States.
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    (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\
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    \4\ As 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.
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    (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:
    <bullet> Boarding only those persons who wear masks;
    <bullet> instructing persons that Federal law requires wearing a 
mask on the conveyance and failure to comply constitutes a violation of 
Federal law;
    <bullet> monitoring persons onboard the conveyance for anyone who 
is not wearing a mask and seeking compliance from such persons;
    <bullet> at the earliest opportunity, disembarking any person who 
refuses to comply; and
    <bullet> 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:
    <bullet> Allowing entry only to those persons who wear masks;
    <bullet> instructing persons that Federal law requires wearing a 
mask in the transportation hub and failure to comply constitutes a 
violation of Federal law;
    <bullet> monitoring persons on the premises of the transportation 
hub for anyone who is not wearing a mask and seeking compliance from 
such persons;
    <bullet> at the earliest opportunity, removing any person who 
refuses to comply from the premises of the transportation hub; and
    <bullet> 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

[[Page 8027]]

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.
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    \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.
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    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\
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    \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 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.
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    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:
    <bullet> Preservation of human life;
    <bullet> Maintaining a safe and secure operating transportation 
system;
    <bullet> 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
    <bullet> 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:
    <bullet> While eating, drinking, or taking medication, for brief 
periods;
    <bullet> While communicating with a person who is hearing impaired 
when the ability to see the mouth is essential for communication;
    <bullet> If, on an aircraft, wearing of oxygen masks is needed 
because of loss of cabin pressure or other event affecting aircraft 
ventilation;
    <bullet> If unconscious (for reasons other than sleeping), 
incapacitated, unable to be awakened, or otherwise unable to remove the 
mask without assistance; \7\ or
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    \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.
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    <bullet> 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\
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    \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 
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-air-travelers.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.
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    <bullet> A child under the age of 2 years;
    <bullet> 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\
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    \9\ This is a narrow exception that includes a person with a 
disability who cannot wear a mask 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-travel-guidance.html.

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[[Page 8028]]

    <bullet> 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:
    <bullet> Private conveyances operated solely for personal, non-
commercial use;
    <bullet> 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;
    <bullet> 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.
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    \10\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/executive-order-promoting-covid-19-safety-in-domestic-and-international-travel/.
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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\
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    \11\ https://www.cdc.gov/coronavirus/2019-ncov/more/science-and-research/scientific-brief-emerging-variants.html.
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    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 (pre-symptomatic) 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 pre-symptomatic 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 pre-
symptomatic 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.<SUP>14 15</SUP> 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.
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    \12\ https://www.cdc.gov/coronavirus/2019-ncov/more/masking-science-sars-cov2.html.
    \13\ Leung 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.
    \14\ Moghadas 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.
    \16\ Ueki 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.
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    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,<SUP>20 21</SUP> 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 <SUP>24 25</SUP> and an additional analysis of data from 200 
countries that included localities within the United States \26\ also 
demonstrated reductions in

[[Page 8029]]

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\
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    \17\ Wang 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.
    \18\ Mitze T., Kosfeld R., Rode J., W[auml]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.
    \20\ Lyu 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.
    \21\ Hatzius J, Struyven D, Rosenberg I. Face Masks and GDP. 
Goldman Sachs Research https://www.goldmansachs.com/insights/pages/face-masks-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.
    \23\ Chernozhukov 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.
    \24\ Hatzius J, Struyven D, Rosenberg I. Face Masks and GDP. 
Goldman Sachs Research https://www.goldmansachs.com/insights/pages/face-masks-and-gdp.html. Accessed January 20, 2021.
    \25\ Chernozhukov 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.
    \26\ Leffler 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.
    \27\ Hatzius J, Struyven D, Rosenberg I. Face Masks and GDP. 
Goldman Sachs Research https://www.goldmansachs.com/insights/pages/face-masks-and-gdp.html. Accessed January 20, 2021.
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    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.
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    \28\ https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html.
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    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.
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    \29\ Based 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).
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    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.
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    \30\ https://www.cdc.gov/vaccines/covid-19/info-by-product/clinical-considerations.html.
    \31\ https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.
    \32\ https://www.cdc.gov/coronavirus/2019-ncov/hcp/duration-isolation.html.
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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

[[Page 8030]]

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\
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    \33\ While 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).
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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


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