11888 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

1 86 FR 7205 (Jan. 26, 2021). 

2For example, this E.O. applies to all persons in 

or on a freight train, locomotive, high-rail vehicle, 

crew transportation vehicle, or in a railroad 

transportation facility, terminal, yard, storage 

facility, yard office, crew room, maintenance shop, 

and other areas regularly occupied by personnel 

engaged in railroad operations. 

3For an explanation of how FRA exercises its 

safety jurisdiction over passenger rail operations, 

see ‘‘FRA’s Policy on Jurisdiction Over Passenger 

Operations’’ in 49 CFR part 209, appendix A— 

Statement of Agency Policy Concerning 

Enforcement of the Federal Railroad Safety Laws. 

4Nothing in this E.O. is intended to interfere with 

any applicable jurisdiction over COVID–19 issues 

in the workplace by the Occupational Safety and 

Health Administration. Additionally, FRA is not 

exercising its railroad safety authority over any 

COVID–19 issue other than requiring compliance 

with mask mandates in accordance with the CDC 

Order, nor is it exercising its jurisdiction over how 

a railroad decides to comply with the CDC Order 

and this E.O. For example, a railroad may not 

include any type of COVID–19 risk-based hazard 

analysis as part of its railroad system safety program 

under either 49 CFR part 270 (System Safety 

Program) or part 271 (Risk Reduction Program) in 

order to protect that analysis from discovery or use 

in litigation under either 49 CFR 270.105 or 49 CFR 

271.11. 

§ 25.170 [Removed] 

■ 7. Remove § 25.170. 

■ 8. Revise § 25.171 to read as follows: 

§ 25.171 Space station point of contact 

reporting requirements. 

(a) Annual report. On June 30 of each 

year, a space station licensee or market 

access recipient must provide a current 

listing of the names, titles, addresses, 

email addresses, and telephone numbers 

of the points of contact for resolution of 

interference problems and for 

emergency response. Contact personnel 

should include those responsible for 

resolution of short-term, immediate 

interference problems at the system 

control center, and those responsible for 

long-term engineering and technical 

design issues. 

(b) Updated information. If a space 

station licensee or market access 

recipient point of contact information 

changes, the space station licensee or 

market access recipient must file the 

updated information within 10 days of 

the change. 

(c) Electronic filing. Filings under 

paragraphs (a) or (b) of this section must 

be made electronically in the 

Commission’s International Bureau 

Filing System (IBFS) in the ‘‘Other 

Filings’’ tab of the station’s current 

authorization file. 

■ 9. Amend § 25.172 by revising 

paragraph (a)(1) to read as follows: 

§ 25.172 Requirements for reporting space 

station control arrangements. 

(a) * * * 

(1) The information required by 

§ 25.171(a). 

* * * * * 

Editorial Note: The Office of the Federal 

Register received this document on December 

23, 2020. 

[FR Doc. 2020–28907 Filed 2–26–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Parts 209 and 211 

[Emergency Order No. 32, Notice No. 1] 

Emergency Order Requiring Face Mask 

Use in Railroad Operations 

SUMMARY: To help prevent the spread of 

coronavirus disease 2019 (COVID–19), 

the Federal Railroad Administration 

(FRA) is issuing this emergency order 

(E.O.) to require compliance with the 

mask requirements of the Order of the 

Centers for Disease Control and 

Prevention (CDC), Requirement for 

Persons to Wear Masks While on 

Conveyances and at Transportation 

Hubs. This E.O. also implements 

Promoting COVID–19 Safety in 

Domestic and International Travel, 

issued on January 21, 2021, requiring 

masks to be worn in or on airports, 

commercial aircraft, and various modes 

of surface transportation, including 

trains. Specifically, this E.O. addresses 

requirements for face mask use with 

respect to all freight rail operations and 

portions of each passenger rail operation 

under FRA’s safety jurisdiction. 

DATES: This emergency order is effective 

March 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Mark Patterson, Director, Office of Data 

Analysis and Program Support, at (202) 

493–6282 or mark.patterson@dot.gov; 

Elizabeth Gross, Attorney Adviser, 

Office of the Chief Counsel, at (202) 

493–1342 or elizabeth.gross@dot.gov; or 

Veronica Chittim, Attorney Adviser, 

Office of the Chief Counsel, at (202) 

493–0273 or veronica.chittim@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

FRA is issuing this E.O. to implement 

Executive Order 13998,1 which directs 

the Secretary of Transportation to take 

action to require masks to be worn in 

compliance with CDC guidelines in or 

on trains.2

On January 31, 2021, the 

Transportation Security Administration 

(TSA) issued Security Directive (SD) 

1582/84–21–01, Security Measures— 

Face Mask Requirements (TSA SD), to 

implement Executive Order 13998 and 

to enforce the CDC Order with respect 

to conveyances and transportation 

facilities used in various modes of 

surface transportation, including 

passenger rail. 

On February 12, 2021, the Secretary of 

Transportation issued an Action 

Memorandum to further USDOT’s 

efforts to implement the President’s 

Executive Order 13998. Finding that 

COVID–19 and its variants continue to 

present unprecedented challenges to the 

health of the traveling public in all 

modes of transportation, and that the 

wearing of masks on all modes of 

transportation can mitigate the risk of 

travelers spreading COVID–19 and can 

instill safety and confidence in 

transportation systems, the Secretary 

directed FRA to take action to support 

and carry out enforcement of the CDC 

Order with respect to transportation 

entities subject to its jurisdiction. 

In issuing this E.O., FRA is exercising 

its emergency railroad safety authority 

to the extent necessary to require mask 

wearing in accordance with the CDC 

Order and implement Executive Order 

13998 with respect to freight rail 

operations and those portions of 

passenger rail operations 3 not already 

covered by the TSA SD. FRA is not 

exercising its authority over any other 

aspect of the COVID–19 pandemic and 

does not otherwise intend by this E.O. 

to affect working conditions for 

employees and contractors engaged in 

railroad operations.4

Authority 

Authority to enforce Federal railroad 

safety laws has been delegated by the 

U.S. Secretary of Transportation to the 

Administrator of FRA. 49 U.S.C. 103; 49 

CFR 1.89(e) and internal delegations. 

Railroads are subject to FRA’s safety 

jurisdiction under the Federal railroad 

safety laws. 49 U.S.C. 20101, 20103. 

FRA is authorized to issue emergency 

orders where an unsafe condition or 

practice ‘‘causes an emergency situation 

involving a hazard of death, personal 

injury, or significant harm to the 

environment.’’ 49 U.S.C. 20104. 

Emergency orders may immediately 

impose ‘‘restrictions and prohibitions 

. . . that may be necessary to abate the 

situation.’’ Id. 

COVID–19 Pandemic 

Due to the ongoing COVID–19 

pandemic, and to reduce the spread of 

COVID–19, President Biden issued 

Executive Order 13998, Promoting 

COVID–19 Safety in Domestic and 

International Travel, on January 21, 

2021, requiring masks to be worn in 

airports, on commercial aircraft, and in 

various modes of surface transportation, 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11889 

5See order under section 361 of the Public Health 

Service Act (42 U.S.C. 264) and 42 CFR 70.2, 

71.31(b), 71.32(b); Requirement for Persons to Wear 

Masks While on Conveyances and at Transportation 

Hubs (January 29, 2021). 86 FR 8025 (Feb. 3, 2021). 6FRA’s exercise of its authority is consistent with 

prior, targeted regulatory action taken under 49 

U.S.C. ch. 201 to protect employee exposure to 

health risks in the workplace. See, e.g., rules on 

occupational noise exposure (49 CFR part 227), 

camp cars as sleeping quarters (49 CFR part 228), 

locomotive cab sanitation and cab temperature (e.g., 

49 CFR part 229). 

7 Mask means a material covering the nose and 

mouth of the wearer, excluding face shields. The 

CDC has stated that 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 E.O. CDC 

guidance for attributes of acceptable masks in the 

context of this E.O. is available at https://

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

8The CDC Order states, ‘‘While this [CDC] 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).’’ 86 FR 8030. 

9 86 FR 8025 (Feb. 3, 2021) (requiring face masks 

to be worn by all travelers while on public 

transportation). Your Guide to Masks, https://

www.cdc.gov/coronavirus/2019-ncov/preventgetting-sick/about-face-coverings.html (‘‘CDC 

recommends that people wear masks in public 

settings, at events and gatherings, and anywhere 

they will be around other people. Effective February 

2, 2021, masks are required on planes, buses, trains, 

and other forms of public transportation traveling 

into, within, or out of the United States and in U.S. 

transportation hubs such as airports and stations.’’); 

Requirement for Face Masks on Public 

Transportation Conveyances and at Transportation 

Hubs, https://www.cdc.gov/coronavirus/2019-ncov/ 

travelers/face-masks-public-transportation.html 

(‘‘CDC has issued an order that requires face masks 

to be worn by all travelers while on public 

transportation (which includes all passengers and 

all personnel operating conveyances). People must 

wear masks that completely cover both the mouth 

and nose while awaiting, boarding, disembarking, 

or traveling on airplanes, ships, ferries, trains, 

subways, buses, taxis, and ride-shares as they are 

traveling into, within, or out of the United States 

and U.S. territories. People must also wear masks 

while at transportation hubs (e.g., airports, bus or 

ferry terminals, train and subway stations, seaports) 

and other locations where people board public 

transportation in the United States and U.S. 

territories.’’). 

10See https://covid19.who.int. 

11See https://covid.cdc.gov/covid-data-tracker/ 

#datatracker-home. 

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

ncov/more/science-and-research/scientific-briefemerging-variants.html; https://www.cdc.gov/ 

coronavirus/2019-ncov/transmission/variant.html. 

13 Id. 

14 Id. 

15https://www.cdc.gov/coronavirus/2019-ncov/ 

transmission/variant.html. 

16https://www.whitehouse.gov/briefing-room/ 

press-briefings/2021/02/03/press-briefing-whitehouse-covid-19-response-team-and-public-healthofficials/. 

17 Joo H, Miller GF, Sunshine G, et al. Decline in 

COVID–19 Hospitalization Growth Rates Associated 

with Statewide Mask Mandates—10 States, March– 

October 2020, MMWR Morb Mortal Wkly Rep. 

ePub: 5 Feb. 2021. DOI: https://www.cdc.gov/ 

mmwr/volumes/70/wr/mm7006e2.htm. 

18 86 FR 8025–8030. 

19These FRA field observations constitute 

‘‘inspection’’ and ‘‘investigation’’ under 49 U.S.C. 

20104(a)(1). 

including rail. To implement Executive 

Order 13998, to require compliance 

with the public health standards set 

forth in the CDC Order,5 and due to the 

immediate need to ensure masks are 

worn appropriately in the railroad 

industry to prevent the spread of 

COVID–19, FRA has determined that an 

emergency situation involving a hazard 

of death and personal injury exists, and 

is issuing this E.O. pursuant to the 

authority of 49 U.S.C. 20101, 20104. 

FRA is authorized to promote safety in 

every area of railroad operations. 49 

U.S.C. 20101, 20103.6 The failure to 

wear masks as required by the CDC 

Order during railroad operations could 

impact railroad employees’ safety with 

respect to the risks of COVID–19. 

Consistent with these mandates and 

FRA’s authority, and after consultation 

with CDC and TSA, FRA is issuing this 

E.O. to require freight and passenger 

railroad carriers to comply with the 

mask 7 requirements of the CDC Order 8

during railroad operations subject to 

FRA’s railroad safety jurisdiction, 

except to the extent portions of the 

passenger railroad carrier’s operations 

are already covered by the TSA SD. For 

example, this E.O. applies to all persons 

in or on a freight train, locomotive, 

high-rail vehicle, crew transportation 

vehicle, or in a railroad transportation 

facility, terminal, yard, storage facility, 

yard office, crew room, maintenance 

shop, and other areas regularly occupied 

by railroad personnel. While the CDC 

Order applies to all persons awaiting, 

boarding, or alighting a conveyance and 

while in a transportation hub,9 this E.O. 

does not apply to passengers or persons 

(including railroad carrier personnel) in 

or on a passenger train or in public areas 

of passenger railroad transportation 

hubs or facilities. The mask 

requirements in TSA SD 1582/84–21– 

01, Security Measures—Face Mask 

Requirements, apply to passengers and 

such persons. 

There is currently a pandemic of 

respiratory disease, COVID–19, caused 

by a novel coronavirus (SARS–CoV–2). 

As of February 16, 2021, there have 

been over 108,000,000 confirmed cases 

of COVID–19 globally, resulting in 

nearly 2,400,000 deaths.10 As of 

February 14, 2021, there have been over 

27,000,000 cases identified in the 

United States, and over 482,000 deaths 

due to the disease.11

According to the CDC, multiple new 

SARS–CoV–2 variants have emerged in 

recent weeks, including at least one 

with evidence of increased 

transmissibility.12 These variants seem 

to spread more easily and quickly than 

other variants, which may lead to more 

cases of COVID–19.13 An increase in the 

number of cases will put more strain on 

health care resources, lead to more 

hospitalizations, and potentially lead to 

more deaths.14 While the CDC is closely 

monitoring these new variants to learn 

more about them, rigorous and 

increased compliance with public 

health mitigation strategies, such as the 

use of masks, is essential to limit the 

spread of the virus including any new 

variants.15 Additionally, controlling the 

spread of the virus by implementing 

public health measures such as mask 

wearing will help prevent new 

mutations, as viruses will not mutate 

well if they do not have the opportunity 

to replicate freely.16 In short, given 

these developments, it is more critical 

than ever that persons wear masks 

whenever possible to help prevent the 

spread of the virus that causes COVID– 

19 and the further emergence of new 

variants. The CDC has also recently 

published research documenting a 

decline in COVID–19 hospitalization 

growth rates associated with statewide 

mask mandates.17 For a detailed 

discussion on how appropriate mask 

wearing helps reduce COVID–19 

transmission, FRA refers readers to the 

CDC Order.18

Lack of Uniformity in Mask Wearing in 

Railroad Operations 

As of February 1, 2021, field 

observations 19 from FRA’s railroad 

safety inspectors regarding mask use on 

railroad property indicate that the 

critical practice of wearing a face mask 

is not consistent or uniform among 

railroad personnel. While some railroad 

carriers require their personnel to wear 

masks when working in an occupied 

locomotive cab and in rail facilities and 

shops, FRA has found this is not a 

universal requirement. FRA has 

observed railroad personnel often not 

wearing a face mask on railroad 

property, both in situations where social 

distancing is possible, and situations 

involving close proximity to others. 

FRA inspectors have also observed 

railroad personnel who did not put on 

a face mask when approached by the 

11890 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

20 49 U.S.C. 20105. 

21 49 U.S.C. 20106(a)(1). 

22Railroad means any form of nonhighway 

ground transportation that runs on rails or electromagnetic guideways, including (i) commuter or 

other short-haul passenger service in a metropolitan 

or suburban area and commuter service that was 

operated by the Consolidated Rail Corporation on 

January 1, 1979; and (ii) high speed ground 

transportation systems that connect metropolitan 

areas, without regard to whether those systems use 

new technologies not associated with traditional 

railroads; but does not include rapid transit 

operations in an urban area that are not connected 

to the general railroad system of transportation. 

Railroad carrier means a person providing railroad 

transportation. General railroad system of 

transportation has the same meaning as under 49 

CFR part 209, appendix A—Statement of Agency 

Policy Concerning Enforcement of the Federal 

Railroad Safety Laws. 

23Railroad operation means any activity which 

affects the movement of a train, locomotive, or other 

on-track equipment, singly or in combination with 

other equipment, on the track of a railroad. 

24Transportation hub/facility means any airport, 

bus terminal, marina, seaport or other port, subway 

stations, terminal (including any fixed facility at 

which passengers are picked-up or discharged), 

train station, U.S. point of entry, or any other 

location that provides transportation subject to the 

jurisdiction of the United States. The meaning of 

the term ‘‘transportation hub,’’ as applied to 

railroad facilities, includes railroad terminals, 

yards, storage facilities, yard offices, crew rooms, 

maintenance shops, and other areas regularly 

occupied by railroad personnel. The CDC Order 

broadly requires persons to wear masks in such 

settings and applies in both passenger and freight 

rail facilities. See CDC FAQs explaining that 

employees at transportation hubs must wear a mask 

while on the premises of a transportation hub 

unless they are the only person in the work area, 

such as in private offices, private hangars at 

airports, or in railroad yards (available at: https:// 

www.cdc.gov/coronavirus/2019-ncov/travelers/facemasks-public-transportation.html). 

25 86 FR 8029. 

26Notice may include, if feasible, notifications on 

digital platforms, such as on apps, websites, or 

email; posted signage with illustrations; or other 

methods as appropriate. 

inspectors to discuss matters of railroad 

safety. 

Necessity of Issuing This E.O. 

Taking into consideration the unique 

and exigent circumstances presented by 

the COVID–19 pandemic (particularly 

the recent emergence of variants with 

increased transmissibility), as well as 

the inconsistent use of masks observed 

by FRA inspectors through FRA 

inspection and investigation during 

railroad operations, FRA has 

determined that the COVID–19 

pandemic has created an unsafe 

condition or practice involving a hazard 

of death or personal injury—not only to 

railroad personnel, but also to FRA and 

participating State 20 rail safety 

inspectors who interact with railroad 

personnel during the performance of 

their essential railroad safety duties. 

This E.O. is necessary to abate this 

emergency situation, by FRA requiring 

face mask use in accordance with the 

CDC Order, to ensure a minimum level 

of nationwide compliance,21 together 

with the TSA SD. Railroad carriers 22

and their personnel must comply with 

the mask-wearing requirements set forth 

in the CDC Order while engaged in 

railroad operations,23 including 

whenever they are in a transportation 

hub/facility 24 under the railroad 

carrier’s control (regardless of duty 

status). 

America’s railroad transportation 

system is essential—not only for public 

health, but also for America’s economy 

and other bedrocks of American life. 

Railroads carry life-saving medical 

supplies and medical providers into and 

across the nation to our hospitals, 

nursing homes, and physicians’ offices. 

Trains bring food and other essentials to 

our communities and bring America’s 

workforce to their jobs. Requiring mask 

use on our railroads will protect railroad 

employees and contractors, as well as 

FRA and participating State rail safety 

inspectors who enforce Federal railroad 

safety laws. Requiring mask use will 

also help control the spread of the virus 

causing the COVID–19 pandemic, slow 

the rate of international spread from 

trains moving across U.S. borders, 

prevent the emergence of new variants, 

and more quickly re-open America’s 

economy. 

For reasons described in the CDC 

Order, this E.O. applies to railroad 

personnel who have received a COVID– 

19 vaccine and/or who have recovered 

from COVID–19.25

Finding and Order 

Based on the foregoing, FRA has 

determined that the spread of the virus 

that causes COVID–19 creates an 

emergency situation involving a hazard 

of death or personal injury. 

Accordingly, under the authority of 49 

U.S.C. 20104, delegated to the 

Administrator of FRA by the Secretary 

of Transportation, 49 CFR 1.89, it is 

hereby ordered that freight railroads, 

passenger railroads, and any other 

person whose actions are necessary to 

effectuate the directives in this E.O., 

take the following actions, as required: 

I. Railroad carriers. (A) Railroad 

carriers must require their personnel to 

wear a mask in compliance with the 

CDC Order while engaged in railroad 

operations, including whenever in a 

transportation hub/facility under the 

railroad carrier’s control (regardless of 

duty status), except as described in 

Section III (Exceptions and exemptions), 

below. For the purpose of this E.O., the 

term ‘‘personnel’’ includes employees, 

contractors, probationary employees, 

and volunteers. Railroad carriers must 

provide their personnel with prominent 

and adequate notice of the mask 

requirements to facilitate awareness and 

compliance.26 At a minimum, this 

notice must inform railroad carrier 

personnel of the following: 

1. Federal law requires every 

individual to wear a mask while 

engaged in railroad operations unless 

otherwise exempted and failure to 

comply may result in removal from 

service. 

2. Refusing to wear a mask is a 

violation of Federal law and railroad 

carrier personnel may be subject to FRA 

enforcement action against them 

individually. 

(B) Railroad carriers must establish 

written procedures to manage situations 

with their personnel who refuse to 

comply with the requirement to wear a 

mask. At a minimum, for any person 

who is not exempted from the 

requirement to wear a mask and who 

refuses to comply with an instruction 

given by the railroad carrier with 

respect to wearing a mask, the railroad 

carrier must: 

1. Remove the person from 

performing duties in support of railroad 

operations; and 

2. Make best efforts to remove the 

person from the railroad transportation 

hub/facility as soon as practicable. 

II. Railroad carrier personnel. 

Railroad carrier personnel must comply 

with the mask wearing requirements of 

the CDC Order while engaged in 

railroad operations, including whenever 

in a transportation hub/facility under 

the railroad carrier’s control (regardless 

of duty status), except as described in 

Section III.D., below. For the purpose of 

this E.O., the term ‘‘personnel’’ includes 

employees, contractors, probationary 

employees, and volunteers. 

III. Exceptions and exemptions. (A) 

While the CDC Order applies to all 

persons awaiting, boarding, or alighting 

a conveyance and while in a 

transportation hub, this E.O. does not 

apply to passengers or persons 

(including railroad carrier personnel) in 

or on a passenger train or in public areas 

of passenger railroad transportation 

hubs or facilities. Note: The mask 

requirements in TSA SD 1582/84–21– 

01, Security Measures—Face Mask 

Requirements, apply to passengers and 

such persons. 

(B) The requirement to wear a mask 

does not apply under the following 

circumstances: 

1. When necessary to temporarily 

remove the mask for identity 

verification purposes. 

2. For brief periods, while eating, 

drinking, or taking oral 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11891 

27The CDC has stated that brief periods of close 

contact without a mask should not exceed 15 

minutes. https://www.cdc.gov/coronavirus/2019- 

ncov/php/public-health-recommendations.html. 

28Persons who are experiencing difficulty 

breathing or shortness of breath or are feeling 

winded may remove the mask temporarily until 

able to resume normal breathing with the mask. 

Persons who are vomiting should remove the mask 

until vomiting ceases. Persons with acute illness 

may remove the mask if it interferes with necessary 

medical care such as supplemental oxygen 

administered via an oxygen mask. 86 FR 8027, 

FN 7. 

29Railroad carriers may impose requirements on 

employees requesting an exemption from the 

requirement to wear a mask, including medical 

consultation by a third party, medical 

documentation by a licensed medical provider, 

and/or other information as determined by the 

railroad carrier, as well as require evidence that the 

person does not have 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 

Frequently Asked Questions at: https://

www.cdc.gov/coronavirus/2019-ncov/travelers/ 

testing-international-air-travelers.html. Railroad 

carriers may also impose additional protective 

measures that improve the ability of an employee 

eligible for exemption to maintain social distance 

(separation from others by 6 feet). Railroad carriers 

may further require that employees seeking 

exemption from the requirement to wear a mask 

request an exemption in advance. 

30This is a narrow exception that includes a 

person with a disability who cannot wear a mask 

for reasons related to the disability. CDC states it 

will issue additional guidance regarding persons 

who cannot wear a mask under this exemption. 

https://www.cdc.gov/quarantine/masks/masktravel-guidance.html. 86 FR at 8027–28. 

31For example, a maintenance shop employee 

performing welding operations may be exempt from 

this E.O., due to potential mask flammability 

concerns. 

medications.27 Note: Prolonged periods 

of mask removal are not permitted for 

eating or drinking; the mask must be 

worn between bites and sips. 

3. While communicating with a 

person who is deaf or hard of hearing, 

when the ability to see the mouth is 

essential for communication. 

4. If unconscious (for reasons other 

than sleeping), incapacitated, unable to 

be awakened, or otherwise unable to 

remove the mask without assistance.28

5. When necessary to temporarily 

remove the mask to provide a breath or 

saliva specimen for required alcohol 

testing under U.S. Department of 

Transportation drug and alcohol testing 

regulations or an employer-mandated 

substance abuse testing program. 

(C) The following persons are 

exempted from wearing masks: 

1. Persons in private conveyances 

operated solely for personal, noncommercial use. 

2. A driver, when operating a 

commercial motor vehicle, such as a 

crew transportation van, limo, or taxi, as 

this term is defined in 49 CFR 390.5, if 

the driver is the sole occupant of the 

vehicle. 

3. A person who is the sole occupant 

of an enclosed cab of a locomotive, hirail vehicle, roadway maintenance 

machine, or any other on-track 

equipment that has an enclosed cab. 

(D) This E.O. exempts the following 

categories of persons from wearing 

masks: 29

1. People with disabilities who cannot 

wear a mask, or cannot safely wear a 

mask, because of the disability as 

defined by the Americans with 

Disabilities Act (42 U.S.C. 12101 et 

seq.).30

2. People for whom wearing a mask 

would create a risk to workplace health, 

safety, or job duty as determined by the 

relevant workplace safety guidelines or 

Federal regulations.31

Preemption 

The requirements in this E.O. do not 

preempt any State, local, Tribal, or 

territorial rule, regulation, order, or 

standard necessary to eliminate or 

reduce a local safety hazard, which 

includes public health measures that are 

the same or more protective of public 

health than those required in this E.O., 

if that provision is not incompatible 

with this E.O. 

Relief 

Any railroad carrier affected by this 

E.O. may petition for special approval to 

take actions not in accordance with this 

E.O. Petitions must be submitted to the 

Associate Administrator for Railroad 

Safety, who is authorized to act on those 

requests without amending this E.O. In 

reviewing any petition for special 

approval, the Associate Administrator 

will grant petitions only if the petitioner 

has clearly articulated an alternative 

action that will provide, in the 

Associate Administrator’s judgment, at 

least a level of safety equivalent to that 

provided by compliance with this E.O. 

Civil Penalties 

Any violation of this E.O. may subject 

the person (a railroad carrier) 

committing the violation to a civil 

penalty of up to $118,826 for each day 

the violation continues. 49 U.S.C. 21301 

and 86 FR 1751 (Jan. 11, 2021). Any 

individual (railroad personnel) who 

willfully violates a provision stated in 

this order is subject to civil penalties 

under 49 U.S.C. 21301. In addition, any 

individual (railroad personnel) whose 

violation of this order demonstrates the 

individual’s unfitness for safetysensitive service may be removed from 

safety-sensitive service on the railroad 

under 49 U.S.C. 20111. FRA may, 

through the Attorney General, also seek 

injunctive relief to enforce this Order. 

49 U.S.C. 20112. 

Effective Date and Notice to Affected 

Persons 

This E.O. is effective upon issuance 

and railroad carriers subject to this E.O. 

must immediately initiate steps to 

implement this E.O. This E.O. remains 

in effect until the CDC Order is 

modified or rescinded based on specific 

public health or other considerations, 

until the U.S. Secretary of Health and 

Human Services rescinds the 

determination under section 319 of the 

Public Health Service Act (42 U.S.C. 

247d) that a public health emergency 

exists, or until rescinded by FRA, unless 

FRA extends its terms by subsequent 

notice published in the Federal 

Register. 

Review 

Opportunity for formal review of this 

E.O. will be provided under 49 U.S.C. 

20104(b) and 5 U.S.C. 554. 

Administrative procedures governing 

such review are at 49 CFR part 211. 

Issued in Washington, DC, on February 24, 

2021. 

Amitabha Bose, 

Acting Administrator, Federal Railroad 

Administration. 

[FR Doc. 2021–04233 Filed 2–25–21; 4:15 pm] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 389 

[FMCSA–2016–0341] 

RIN 2126–AB96 

Rulemaking Procedures Update 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), U.S. 

Department of Transportation. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: In accordance with the 

memorandum of January 20, 2021, from 

the Assistant to the President and Chief 

of Staff, titled ‘‘Regulatory Freeze 

Pending Review,’’ the Department 

delays the effective date of the final 

rule, ‘‘Rulemaking Procedures Update,’’ 

until March 21, 2021. 

DATES: As of March 1, 2021, the 

effective date of the final rule published 

on December 31, 2020, at 85 FR 86843, 

is delayed until March 21, 2021. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Steven J. LaFreniere, Regulatory