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 

11892 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

Ombudsman, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Ave. SE, Washington, DC 20590–0001, 

(202) 366–0596, steven.lafreniere@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

A copy of the notice of proposed 

rulemaking (82 FR 36719, August 7, 

2017), all comments received, the final 

rule, and all background material may 

be viewed online at http://

www.regulations.gov using the docket 

number listed above. A copy of this 

document will be placed in the docket. 

Electronic retrieval help and guidelines 

are available on the website. It is 

available 24 hours each day, 365 days 

each year. An electronic copy of this 

document may also be downloaded 

from the Office of the Federal Register’s 

website at http://www.ofr.gov and the 

Government Publishing Office’s website 

at http://www.gpo.gov. 

Background 

On January 20, 2021, the Assistant to 

the President and Chief of Staff issued 

a memorandum titled, ‘‘Regulatory 

Freeze Pending Review.’’ The 

memorandum requested that the heads 

of executive departments and agencies 

(agencies) take steps to ensure that the 

President’s appointees or designees 

have the opportunity to review any new 

or pending rules. With respect to rules 

published in the Federal Register, but 

not yet effective, the memorandum 

asked that agencies consider postponing 

the rules’ effective dates for 60 days 

from the date of the memorandum (i.e., 

March 21, 2021) for the purpose of 

reviewing any questions of fact, law, 

and policy the rules may raise. 

In accordance with this direction, 

FMCSA has decided to delay the 

effective date of the final rule, 

‘‘Rulemaking Procedures Update’’ (RIN 

2126–AB96), until March 21, 2021. The 

final rule amends FMCSA’s rulemaking 

procedures by revising the process for 

preparing and adopting rules and 

petitions. Also, the Agency adds new 

definitions, and makes general 

administrative corrections throughout 

its rulemaking procedures. The delay in 

the rule’s effective date will afford the 

President’s appointees or designees an 

opportunity to review the rule and will 

allow for consideration of any questions 

of fact, law, or policy that the rule may 

raise before it becomes effective. 

Waiver of Rulemaking and Delayed 

Effective Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), FMCSA 

generally offer interested parties the 

opportunity to comment on proposed 

regulations and publish rules not less 

than 30 days before their effective dates. 

However, the APA provides that an 

agency is not required to conduct 

notice-and-comment rulemaking or 

delay effective dates when the agency, 

for good cause, finds that the 

requirement is impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 553(b)(B) and (d)(3)). 

There is good cause to waive both of 

these requirements here as they are 

impracticable. A delay in the effective 

date of the final rule, ‘‘Rulemaking 

Procedures Update,’’ is necessary for the 

President’s appointees and designees to 

have adequate time to review the rule 

before it takes effect, and neither the 

notice and comment process nor the 

delayed effective date could be 

implemented in time to allow for this 

review. 

List of Subjects in 49 CFR Part 389 

Administrative practice and 

procedure, Highway safety, Motor 

carriers, Motor vehicle safety. 

Issued under authority delegated in 49 CFR 

1.87. 

John W. Van Steenburg, 

Assistant Administrator. 

[FR Doc. 2021–04110 Filed 2–26–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R1–ES–2020–0050; 

FF09E21000 FXES11110900000 212] 

RIN 1018–BF01 

Endangered and Threatened Wildlife 

and Plants; Revised Designation of 

Critical Habitat for the Northern 

Spotted Owl; Delay of Effective Date 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule; delay of effective 

date and request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are delaying the 

effective date of a final rule we 

published on January 15, 2021, revising 

the designation of critical habitat for the 

northern spotted owl (Strix occidentalis 

caurina) under the Endangered Species 

Act of 1973, as amended (ESA) (January 

15, 2021, Final Rule). In addition, this 

action opens a 30-day comment period 

to allow interested parties to comment 

on issues of fact, law, and policy raised 

by that rule and whether further delay 

of the effective date is necessary. 

DATES: As of March 1, 2021, the 

effective date of the final rule that 

published on January 15, 2021, at 86 FR 

4820, is delayed from March 16, 2021, 

to April 30, 2021. 

Comment Period: To be assured 

consideration, comments must be 

received or postmarked by March 31, 

2021. 

ADDRESSES: You may submit comments 

using either of the following methods: 

Electronically via the Federal 

eRulemaking Portal: Please visit https:// 

www.regulations.gov. In the Search Box, 

enter FWS–R1–ES–2020–0050, which is 

the docket number for this action, and 

click ‘‘search’’ to view the publications 

associated with the docket folder. 

Locate the document with an open 

comment period and follow the 

instructions to submit your comments 

prior to the close of the comment 

period. 

By hard copy: Submit by U.S. mail to: 

Public Comments Processing, Attn: 

FWS–R1–ES–2020–0050, U.S. Fish and 

Wildlife Service, MS: JAO/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and locate the 

docket folder for FWS–R1–ES–2020– 

0050. 

FOR FURTHER INFORMATION CONTACT: 

Bridget Fahey, Division of Conservation 

and Classification, U.S. Fish and 

Wildlife Service, Falls Church, VA 

22041, telephone 703–358–2172. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 15, 2021, we published a 

final rule (86 FR 4820) revising critical 

habitat for the northern spotted owl by 

excluding additional areas from 

designation as critical habitat pursuant 

to the Secretary of the Interior’s 

authority under section 4(b)(2) of the 

ESA (16 U.S.C. 1531 et seq.). On January 

20, 2021, the White House issued a 

memorandum instructing Federal 

agencies to consider postponing the 

effective date after January 20, 2021, of 

any rules that have published in the 

Federal Register but not yet taken effect, 

for the purpose of reviewing any 

questions of fact, law, and policy the 

rules may raise (86 FR 7424; January 28, 

2021) (‘‘Regulatory Freeze 

Memorandum’’).