UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

FAMILY RESEARCH COUNCIL ACTION, 

INC., et al.,

Plaintiffs, Civil Action No.: 

4:22-cv-00209-O

v.

JOSEPH R. BIDEN, JR., in his official capacity as 

President of the United States, et al., 

Defendants.

APPENDIX IN SUPPORT OF PLAINTIFFS’ 

SUPPLEMENTAL BRIEF IN SUPPORT OF INJUNCTIVE RELIEF

Plaintiffs file this Appendix in Support of Plaintiffs’ Supplemental Brief in Support of 

Injunctive Relief, and in support thereof, show the Court as follows: 

APPENDIX

EXHIBIT 

NO.

DESCRIPTION APP. RANGE

1 Exec. Order 13998, Promoting COVID-19 Safety in Domestic 

and International Travel, 86 Fed. Reg. 7205 (Jan. 21, 2021)

1 – 5

2 Notice and Order, Requirement for Persons to Wear Masks 

While on Conveyances and at Transportation Hubs, 

86 Fed. Reg. 8025 (Jan. 29, 2021) 

6 – 12

3 Affidavit of Donna Brunson Bramson, Mar. 22, 2022 13 – 15

4 Affidavit of Matthew Haston Krause, Mar. 28, 2022 16 – 18

5 Affidavit of Anthony Richard Perkins, Mar. 30, 2022 19 – 22

6 Affidavit of Paul Kepes, Apr. 21, 2022 23 – 25

7 Affidavit of John Kenneth Blackwell, Apr. 22, 2022 26 – 28

8 Affidavit of William Gerald Boykin, Apr. 22, 2022 29 – 30

9 Suppl. Affidavit of Matthew Haston Krause, Apr. 22, 2022 31 – 33

10 Suppl. Affidavit of Anthony Richard Perkins, Apr. 22, 2022 34 – 37

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 1 of 40 PageID 1018
2 

April 22, 2022 Respectfully submitted,

/s/ Kenneth A. Klukowski 

Mark R. Paoletta*

D.C. Bar No. 422746 

Kenneth A. Klukowski 

D.C. Bar No. 1046093 

SCHAERR |JAFFE LLP

1717 K Street NW, Suite 900 

Washington, DC 20006 

Tel: (202) 787-1060 

Facsimile: (202) 776-0136 

kklukowski@schaerr-jaffe.com

*Pro hac vice application forthcoming 

Counsel for Plaintiffs 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 2 of 40 PageID 1019
3 

CERTIFICATE OF SERVICE

On April 22, 2022, I filed the foregoing document with the clerk of court for the United 

States District Court, Northern District of Texas, by using the Court’s CM/ECF filing system. I 

hereby certify that I have served the document on all counsel of record by a manner authorized by 

Federal Rule of Civil Procedure 5(b)(2). 

 

 /s/ Kenneth A. Klukowski

 Kenneth A. Klukowski 

Attorney for Plaintiffs

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 3 of 40 PageID 1020
EXHIBIT 1 

APP. 1

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 4 of 40 PageID 1021
Presidential Documents

Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents 7205 

Executive Order 13998 of January 21, 2021 

Promoting COVID–19 Safety in Domestic and International 

Travel 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, it is hereby ordered as follows: 

Section 1. Policy. Science-based public health measures are critical to preventing the spread of coronavirus disease 2019 (COVID–19) by travelers 

within the United States and those who enter the country from abroad. 

The Centers for Disease Control and Prevention (CDC), the Surgeon General, 

and the National Institutes of Health have concluded that mask-wearing, 

physical distancing, appropriate ventilation, and timely testing can mitigate 

the risk of travelers spreading COVID–19. Accordingly, to save lives and 

allow all Americans, including the millions of people employed in the 

transportation industry, to travel and work safely, it is the policy of my 

Administration to implement these public health measures consistent with 

CDC guidelines on public modes of transportation and at ports of entry 

to the United States. 

Sec. 2. Immediate Action to Require Mask-Wearing on Certain Domestic 

Modes of Transportation. 

(a) Mask Requirement. The Secretary of Labor, the Secretary of Health

and Human Services (HHS), the Secretary of Transportation (including 

through the Administrator of the Federal Aviation Administration (FAA)), 

the Secretary of Homeland Security (including through the Administrator 

of the Transportation Security Administration (TSA) and the Commandant 

of the United States Coast Guard), and the heads of any other executive 

departments and agencies (agencies) that have relevant regulatory authority 

(heads of agencies) shall immediately take action, to the extent appropriate 

and consistent with applicable law, to require masks to be worn in compliance with CDC guidelines in or on: 

(i) airports;

(ii) commercial aircraft;

(iii) trains;

(iv) public maritime vessels, including ferries;

(v) intercity bus services; and

(vi) all forms of public transportation as defined in section 5302 of title

49, United States Code.

(b) Consultation. In implementing this section, the heads of agencies shall

consult, as appropriate, with interested parties, including State, local, Tribal, 

and territorial officials; industry and union representatives from the transportation sector; and consumer representatives. 

(c) Exceptions. The heads of agencies may make categorical or case-bycase exceptions to policies developed under this section, consistent with 

applicable law, to the extent that doing so is necessary or required by 

law. If the heads of agencies do make exceptions, they shall require alternative and appropriate safeguards, and shall document all exceptions in 

writing. 

(d) Preemption. To the extent permitted by applicable law, the heads

of agencies shall ensure that any action taken to implement this section 


APP. 2

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7206 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents 

does not preempt State, local, Tribal, and territorial laws or rules imposing 

public health measures that are more protective of public health than those 

required by the heads of agencies. 

(e) Coordination. The Coordinator of the COVID–19 Response and Counselor to the President (COVID–19 Response Coordinator) shall coordinate 

the implementation of this section. The heads of agencies shall update 

the COVID–19 Response Coordinator on their progress in implementing this 

section, including any categorical exceptions established under subsection 

(c) of this section, within 7 days of the date of this order and regularly 

thereafter. The heads of agencies are encouraged to bring to the attention 

of the COVID–19 Response Coordinator any questions regarding the scope 

or implementation of this section. 

Sec. 3. Action to Implement Additional Public Health Measures for Domestic 

Travel. 

(a) Recommendations. The Secretary of Transportation (including through 

the Administrator of the FAA) and the Secretary of Homeland Security 

(including through the Administrator of the TSA and the Commandant of 

the Coast Guard), in consultation with the Director of CDC, shall promptly 

provide to the COVID–19 Response Coordinator recommendations concerning 

how their respective agencies may impose additional public health measures 

for domestic travel. 

(b) Consultation. In implementing this section, the Secretary of Transportation and the Secretary of Homeland Security shall engage with interested 

parties, including State, local, Tribal, and territorial officials; industry and 

union representatives from the transportation sector; and consumer representatives. 

Sec. 4. Support for State, Local, Tribal, and Territorial Authorities. The 

COVID–19 Response Coordinator, in coordination with the Secretary of Transportation and the heads of any other relevant agencies, shall promptly identify and inform agencies of options to incentivize, support, and encourage 

widespread mask-wearing and physical distancing on public modes of transportation, consistent with CDC guidelines and applicable law. 

Sec. 5. International Travel. 

(a) Policy. It is the policy of my Administration that, to the extent feasible, 

travelers seeking to enter the United States from a foreign country shall 

be: 

(i) required to produce proof of a recent negative COVID–19 test prior 

to entry; and 

(ii) required to comply with other applicable CDC guidelines concerning 

international travel, including recommended periods of self-quarantine 

or self-isolation after entry into the United States. 

(b) Air Travel. 

(i) The Secretary of HHS, including through the Director of CDC, and 

in coordination with the Secretary of Transportation (including through 

the Administrator of the FAA) and the Secretary of Homeland Security 

(including through the Administrator of the TSA), shall, within 14 days 

of the date of this order, assess the CDC order of January 12, 2021, 

regarding the requirement of a negative COVID–19 test result for airline 

passengers traveling into the United States, in light of subsection (a) 

of this section. Based on such assessment, the Secretary of HHS and 

the Secretary of Homeland Security shall take any further appropriate 

regulatory action, to the extent feasible and consistent with CDC guidelines 

and applicable law. Such assessment and regulatory action shall include 

consideration of: 

(A) the timing and types of COVID–19 tests that should satisfy the 

negative test requirement, including consideration of additional testing 

immediately prior to departure; 

(B) the proof of test results that travelers should be required to provide; 


APP. 3

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Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents 7207 

(C) the feasibility of implementing alternative and sufficiently protective

public health measures, such as testing, self-quarantine, and self-isolation 

on arrival, for travelers entering the United States from countries where 

COVID–19 tests are inaccessible, particularly where such inaccessibility 

of tests would affect the ability of United States citizens and lawful 

permanent residents to return to the United States; and 

(D) measures to prevent fraud.

(ii) The Secretary of HHS, in coordination with the Secretary of Transportation (including through the Administrator of the FAA) and the Secretary

of Homeland Security (including through the Administrator of the TSA),

shall promptly provide to the President, through the COVID–19 Response

Coordinator, a plan for how the Secretary and other Federal Government

actors could implement the policy stated in subsection (a) of this section

with respect to CDC-recommended periods of self-quarantine or self-isolation after a flight to the United States from a foreign country, as he

deems appropriate and consistent with applicable law. The plan shall

identify agencies’ tools and mechanisms to assist travelers in complying

with such policy.

(iii) The Secretary of State, in consultation with the Secretary of HHS

(including through the Director of CDC), the Secretary of Transportation

(including through the Administrator of the FAA), and the Secretary of

Homeland Security, shall seek to consult with foreign governments, the

World Health Organization, the International Civil Aviation Organization,

the International Air Transport Association, and any other relevant stakeholders to establish guidelines for public health measures associated with

safe international travel, including on aircraft and at ports of entry. Any

such guidelines should address quarantine, testing, COVID–19 vaccination,

follow-up testing and symptom-monitoring, air filtration requirements, environmental decontamination standards, and contact tracing.

(c) Land Travel. The Secretary of State, in consultation with the Secretary

of HHS, the Secretary of Transportation, the Secretary of Homeland Security, 

and the Director of CDC, shall immediately commence diplomatic outreach 

to the governments of Canada and Mexico regarding public health protocols 

for land ports of entry. Based on this diplomatic engagement, within 14 

days of the date of this order, the Secretary of HHS (including through 

the Director of CDC), the Secretary of Transportation, and the Secretary 

of Homeland Security shall submit to the President a plan to implement 

appropriate public health measures at land ports of entry. The plan should 

implement CDC guidelines, consistent with applicable law, and take into 

account the operational considerations relevant to the different populations 

who enter the United States by land. 

(d) Sea Travel. The Secretary of Homeland Security, through the Commandant of the Coast Guard and in consultation with the Secretary of 

HHS and the Director of CDC, shall, within 14 days of the date of this 

order, submit to the President a plan to implement appropriate public health 

measures at sea ports. The plan should implement CDC guidelines, consistent 

with applicable law, and take into account operational considerations. 

(e) International Certificates of Vaccination or Prophylaxis. Consistent with

applicable law, the Secretary of State, the Secretary of HHS, and the Secretary 

of Homeland Security (including through the Administrator of the TSA), 

in coordination with any relevant international organizations, shall assess 

the feasibility of linking COVID–19 vaccination to International Certificates 

of Vaccination or Prophylaxis (ICVP) and producing electronic versions of 

ICVPs. 

(f) Coordination. The COVID–19 Response Coordinator, in consultation

with the Assistant to the President for National Security Affairs and the 

Assistant to the President for Domestic Policy, shall coordinate the implementation of this section. The Secretary of State, the Secretary of HHS, the 

Secretary of Transportation, and the Secretary of Homeland Security shall 


APP. 4

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7208 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents 

update the COVID–19 Response Coordinator on their progress in implementing this section within 7 days of the date of this order and regularly 

thereafter. The heads of all agencies are encouraged to bring to the attention 

of the COVID–19 Response Coordinator any questions regarding the scope 

or implementation of this section. 

Sec. 6. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect: 

(i) the authority granted by law to an executive department or agency,

or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and

subject to the availability of appropriations. 

(c) This order is not intended to, and does not, create any right or benefit,

substantive or procedural, enforceable at law or in equity by any party 

against the United States, its departments, agencies, or entities, its officers, 

employees, or agents, or any other person. 

THE WHITE HOUSE, 

January 21, 2021. 

[FR Doc. 2021–01859 

Filed 1–25–21; 11:15 am] 

Billing code 3295–F1–P 


APP. 5

BIDEN.EPS</GPH>

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 8 of 40 PageID 1025
EXHIBIT 2 

APP. 6

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 9 of 40 PageID 1026
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. 


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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 


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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


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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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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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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. 


jbell on DSKJLSW7X2PROD with NOTICES

APP. 12

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 15 of 40 PageID 1032
EXHIBIT 3 

APP. 13

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 16 of 40 PageID 1033
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

FAMILY RESEARCH COUNCIL ACTION, INC., 

MATTHEW KRAUSE, DONNA BRAMSON, and S.P., 

a minor, by his next friend and father, Anthony Perkins,

Plaintiffs,

v. Civil Action No.: 

4:22-cv-00209-O

JOSEPH R. BIDEN, JR., in his official capacity 

as President of the United States, U.S. DEPARTMENT OF 

TRANSPORTATION, PETER P. BUTTIGIEG, in his official 

capacity as Secretary of Transportation, FEDERAL 

AVIATION ADMINISTRATION, STEPHEN M. DICKSON, 

in his official capacity as Administrator of the FAA, U.S. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES, 

XAVIER BECERRA, in his official capacity as Secretary of 

Health and Human Services, CENTERS FOR DISEASE 

CONTROL AND PREVENTION, ROCHELLE P. 

WALENSKY, in her official capacity 

as Director of the CDC, SHERRI A. BERGER, in her official 

capacity as Chief of Staff of the CDC, U.S. DEPARTMENT 

OF HOMELAND SECURITY, ALEJANDRO MAYORKAS, 

in his official capacity as Secretary of Homeland Security, 

TRANSPORTATION SECURITY ADMINISTRATION, 

DAVID P. PEKOSKE, in his official capacity as Administrator 

of the TSA, and the UNITED STATES OF AMERICA, 

Defendants.

Affidavit of Donna Brunson Bramson 

I, Donna Brunson Bramson, declare as follows:

1. I am 77 years of age, a U.S. citizen, and a resident of Haslet, in Tarrant County,

Texas.

APP. 14

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 17 of 40 PageID 1034
APP. 15

2. I am a member of FRC Action, a nonprofit organization. 

3. When I fly on commercial airplanes, I most often fly from DFW Airport because 

its location in Tarrant County makes it the nearest major airport to my home. 

4. I am currently booked to fly on commercial aircraft to or from DFW Airport during 

the next month, specifically on April 6, April 12, and April 14. 

5. I do not want to wear a mask on those flights. 

6. I would not be wearing a mask on those flights if it was not required by the relevant 

Federal agencies. 

I declare under penalty of perjury that the foregoing is true and correct. 

:i-s::6 -a-.,o .;>.;;. 

Date Name 

2 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 18 of 40 PageID 1035
EXHIBIT 4 

APP. 16

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 19 of 40 PageID 1036
APP. 17

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

FAMILY RESEARCH COUNCIL ACTION, INC., 

MATTHEW KRAUSE, DONNA BRAMSON, and S.P., a 

minor, by his next friend and father, Anthony Perkins, 

Plaintiffs, 

V. 

JOSEPH R. BIDEN, JR., in his official capacity 

as President of the United States, U.S. DEPARTMENT OF 

TRANSPORTATION, PETER P. BUTTIGIEG, in his official 

capacity as Secretary of Transportation, FEDERAL 

AVIATION ADMINISTRATION, STEPHEN M. DICKSON, 

in his official capacity as Administrator of the FAA, U.S. 

DEPARTMENT OF HEAL TH AND HUMAN SERVICES, 

XAVIER BECERRA, in his official capacity as Secretary of 

Health and Human Services, CENTERS FOR DISEASE 

CONTROL AND PREVENTION, ROCHELLE P. 

W ALENSKY, in her official capacity 

as Director of the CDC, SHERRI A. BERGER, in her official 

capacity as Chief of Staff of the CDC, U.S. DEPARTMENT 

OF HOMELAND SECURITY, ALEJANDRO MA YORKAS, 

in his official capacity as Secretary of Homeland Security, 

TRANSPORTATION SECURITY ADMINISTRATION, 

DAVID P. PEKOSKE, in his official capacity as Administrator 

of the TSA, and the UNITED STATES OF AMERICA, 

Defendants. 

Civil Action No.: 

4:22-cv-00209-O 

Affidavit of Matthew Haston Krause 

I, Matthew Haston Krause, declare as follows: 

1. I am 41 years of age, a U.S. citizen, and a resident of Haslet, in Tarrant County, 

Texas. 

2. I currently serve in the Texas House of Representatives, where I represent the 

93rd District. 

3. I am a member ofFRC Action, a nonprofit organization. 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 20 of 40 PageID 1037
APP. 18

4. When I fly on commercial airplanes, I most often fly from DFW Airport because 

its location in Tarrant County makes it the nearest major airport to my home. 

5. I am currently booked to fly on commercial aircraft to or from DFW Airport 

during the next month, specifically on April 13, April 14, and April 16. 

6. I likewise plan on traveling by air during May 2022 and later in this year as well. 

7. I do not want to wear a mask on those flights. 

8. I do not want to wear a mask in the airports I must walk through before and after 

my flights. 

9. My current understanding is that a federal mask mandate requires me to wear a 

mask when in an airport and during my flights. 

10. I would not be wearing a mask on those flights or in airports if I was not required 

to do so by the relevant Federal agencies. 

I declare under penalty of perjury that the foregoing is true and coITect. 

Name 

2 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 21 of 40 PageID 1038
EXHIBIT 5 

APP. 19

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 22 of 40 PageID 1039
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

FAMILY RESEARCH COUNCIL ACTION, INC., 

MATTHEW KRAUSE, DONNA BRAMSON, and S.P., a 

minor, by his next friend and father, Anthony Perkins,

Plaintiffs,

v. Civil Action No.: 

4:22-cv-00209-O

JOSEPH R. BIDEN, JR., in his official capacity 

as President of the United States, U.S. DEPARTMENT OF 

TRANSPORTATION, PETER P. BUTTIGIEG, in his official 

capacity as Secretary of Transportation, FEDERAL AVIATION 

ADMINISTRATION, STEPHEN M. DICKSON, in his official 

capacity as Administrator of the FAA, U.S. DEPARTMENT OF 

HEALTH AND HUMAN SERVICES, XAVIER BECERRA, in 

his official capacity as Secretary of Health and Human Services, 

CENTERS FOR DISEASE CONTROL AND PREVENTION,

ROCHELLE P. WALENSKY, in her official capacity 

as Director of the CDC, SHERRI A. BERGER, in her official 

capacity as Chief of Staff of the CDC, U.S. DEPARTMENT OF 

HOMELAND SECURITY, ALEJANDRO MAYORKAS, in 

his official capacity as Secretary of Homeland Security, 

TRANSPORTATION SECURITY ADMINISTRATION, 

DAVID P. PEKOSKE, in his official capacity as Administrator 

of the TSA, and the UNITED STATES OF AMERICA, 

Defendants.

Affidavit of Anthony Richard Perkins

I, Anthony Richard Perkins, declare as follows:

1. I am 59 years of age, a U.S. citizen, and a resident of Louisiana.

2. I am the President of Family Research Council Action, Inc. (FRC Action), a

nonprofit organization under 26 U.S.C. § 501(c)(4). 

3. FRC Action is the legislative affiliate of the Family Research Council, which is a

501(c)(3) organization, and I am the President of that organization as well. 

APP. 20

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 23 of 40 PageID 1040
4. Family Research Council’s mission is to advance faith, family, and freedom in

public policy and the culture from a biblical worldview. 

5. Family Research Council has several staff positions where this “freedom” aspect is

particularly prominent, such as our Senior Fellow for Human Rights and Constitutional 

Governance, which is a position held by former Ambassador J. Kenneth Blackwell. 

6. Part of the “freedom” aspect of Family Research Council’s mission is opposing

government overreach, including illegal mandates generally speaking. Such overreaching 

mandates are not consistent with constitutional governance. 

7. It is the position of FRC Action that the mask mandate President Biden ordered in

Executive Order 13998 for commercial aircraft and airports, a mandate which was subsequently 

imposed by the agencies he named in that Executive Order, is one such illegal mandate. 

8. FRC Action thus has a mission-related interest in opposing Executive Order

13998’s mask mandate. 

9. When my staff last checked on March 21, 2022, FRC Action had 26,163 members

nationwide, including 1,493 members in Texas. 

10. With so many members, it is virtually certain that there are FRC Action members

on commercial flights in various locations in the United States on any given day. 

11. Many FRC Action members I speak with do not want to wear masks on airplanes.

12. Nor do many of those FRC Action members want to wear masks in airports.

13. I am the father of a 14 year-old child whose initials are S.P., who is a plaintiff here.

14. S.P. resides with me, his mother, and siblings in our home in Louisiana.

15. S.P. frequently travels with me by commercial aircraft across the nation. S.P. is

currently booked to travel with me on commercial flights in the near future, including in the month 

of April (prior to April 18), with additional travel planned in May and June. 

16. S.P. does not want to wear a mask on those flights.

17. S.P. would not be wearing a mask on those flights if it was not required by the

relevant Federal agencies.

18. Thousands of FRC Action members are parents of minor children of various ages,

and many of those members I speak with do not want their children to wear a mask regardless of 

age.

I declare under penalty of perjury that the foregoing is true and correct. 

APP. 21

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 24 of 40 PageID 1041
3/30/2022 

Date Name

APP. 22

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 25 of 40 PageID 1042
EXHIBIT 6 

APP. 23

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 26 of 40 PageID 1043
APP. 24

•. 1· .• : · • UNITED STATES DISTRICT COURT· 1 

FOR THE NORTHERN DISTRICT OF TEXAS ,, ·;. 

FORT WORTH DIVISION 

FAMILY RESEARCH COUNCIL. ACTION, :.., 

INC., et al., 

Plaintiffs! 

V . , .- .. , Civil Action No.: 

4:22-cv-00209-O 

JOSEPHR. BIDEN, JR., in his official capacity 

as President of the United States, et al., 

Defendants. 

Affidavit of Paul Kepes 

I, Paul Kepes, declare as follows: 

1. I am 54 years of age and a U.S. citizen. 

, , ·, J ' : 

2. For many years I was exclusively a resident of Chicago, Illinois. I currently have 

two residences, with the other residence in Wisconsin. 

3. However, I sti.l-1 maintain my Chicago home and spend significant time there, and 

as a consequence, my primary airport is O'Hare International Airport in Chicago. 

4. I travel frequently, and am booked to fly out of O'Hare multiple times in the near 

future, including during May 2022. 

5. I was required to wear a mask when I traveled through O'Hare in April 2022, and 

if there is a masking requirement in place at that time, I will need to wear a mask again when I 

travel through O'Hare in May 2022. 

6. I am a member of Family Research Council Action, Inc. (FRC Action), a nonprofit 

organization. 

1. I find wearing masks irritating, burdensome, uncomfortable, and makes breathing 

more difficult, and find that wearing masks on airplanes and in airports interferes with my 

enjoyment of air travel, both in the airport and on the airplane. 

8. I oppose the burdens imposed by purchasing or otherwise obtaining masks, 

keeping them on my person, and ensuring they are clean and in suitable condition to wear. 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 27 of 40 PageID 1044
APP. 25

9. I am also concerned about possible health'risks relating to wearing masks, such as 

possible risks I learn about through conversations or news reports .. - . 

10. 

11. 

,. . ' I • 

, 

I do not want to wear masks on airplanes or in airports. 

I would not wear a mask if not required ~o do, so.. J(~ 

I;, )1. 

2 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 28 of 40 PageID 1045
EXHIBIT 7 

APP. 26

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 29 of 40 PageID 1046
APP. 27

UNITED ST ATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

FAMILY RESEARCH COUNCIL ACTION, 

INC., et al., 

Plaintiffs, 

V. 

JOSEPH R. BIDEN, JR., in his official capacity 

as President of the United States, et al., 

Defendants. 

Civil Action No.: 

4:22-cv-00209-O 

Affidavit of John Kenneth Blackwell 

I, John Kenneth Blackwell, declare as follows: 

1. I am 74 years of age, a U.S. citizen, and a resident of Ohio. 

2. I am a member of Family Research Council Action, Inc. (FRC Action), a nonprofit 

organization. 

3. I find wearing masks irritating, burdensome, uncomfortable, and makes breathing 

more difficult. 

4. I also find that wearing masks on airplanes and in airports interferes with my 

enjoyment of air travel, both in the airpo11 and on the airplane. 

5. I oppose the burdens imposed by purchasing or otherwise obtaining masks, 

keeping them on my person, and ensuring they are clean and in suitable condition to wear. 

6. I am also concerned about possible health risks relating to wearing masks, such as 

possible risks I learn about through conversations or news reports. 

7. I do not want to wear masks on airplanes or in airports. 

8. I travel frequently by air, and some of those trips are to or through airports in 

Chicago and New York City, where I am informed that there might be some sort of ongoing mask 

requirements. 

9. It would impose significant additional obstacles to my travel to avoid those airports 

when my final destination is either of those cities, and is sometimes the case. 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 30 of 40 PageID 1047
APP. 28

I declare under penalty of perjury that the foregoing is true and con-ect. 

22 202...2_ 

2 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 31 of 40 PageID 1048
EXHIBIT 8 

APP. 29

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 32 of 40 PageID 1049
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

FAMILY RESEARCH COUNCIL ACTION, 

INC., et al., 

Plaintiffs, 

v. Civil Action No.: 

4:22-cv-00209-O

JOSEPH R. BIDEN, JR., in his official capacity 

as President of the United States, et al., 

Defendants. 

Affidavit of William Gerald Boykin 

I, William Gerald Boykin, declare as follows: 

1. I am 74 years of age, a U.S. citizen, and a resident of Virginia.

2. I am a member of Family Research Council Action, Inc. (FRC Action), a nonprofit

organization. 

3. I find wearing masks irritating, burdensome, uncomfortable, and makes breathing

more difficult, and find that wearing masks on airplanes and in airports interferes with my

enjoyment of air travel, both in the airport and on the airplane.

4. I oppose the burdens imposed by purchasing or otherwise obtaining masks,

keeping them on my person, and ensuring they are clean and in suitable condition to wear. 

5. I am also concerned about possible health risks relating to wearing masks, such as

possible risks I learn about through conversations or news reports. 

6. I do not want to wear masks on airplanes or in airports.

7. I travel frequently by air, and am currently booked to travel through Chicago’s

O’Hare International Airport in the coming weeks. 

I declare under penalty of perjury that the foregoing is true and correct. 

04-22-2022

Date Name

APP. 30

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 33 of 40 PageID 1050
EXHIBIT 9 

APP. 31

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 34 of 40 PageID 1051
APP. 32

UNITED ST A TES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

FAMILY RESEARCH COUNCIL ACTION, 

INC., et al. , 

Plaintiffs, 

v. Civil Action No.: 

4:22-cv-00209-O 

JOSEPH R. BIDEN, JR., m his official 

capacity 

as President of the United States, et al., 

Defendants. 

Supplemental Affidavit of Matthew Haston Krause 

I, Matthew Haston Krause, declare as follows: 

I. I am 41 years of age, a U.S. citizen, and a resident of Texas. 

2. I am a member of Family Research Council Action, Inc. (FRC Action), a 

nonprofit organization. 

3. I find wearing masks irritating, burdensome, uncomfortable, and makes breathing 

more difficult. 

4. I also find that wearing masks on airplanes and in airports interferes with my 

enjoyment of air travel, both in the airport and on the airplane. 

5. I oppose the burdens imposed by purchasing or otherwise obtaining masks, 

keeping them on my person, and ensuring they are clean and in suitable condition to wear. 

6. I am also concerned about possible health risks relating to wearing masks, such as 

possible risks I learn about through conversations or news reports. 

7. I do not want to wear masks on airplanes or in airports. 

8. I am a parent of minor children, ages 5, 8, 10, 13, and 15. 

9. My children find weating masks irritating, burdensome, uncomfortable, and 

makes breathing more difficult. 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 35 of 40 PageID 1052
APP. 33

10. They also find that wearing masks on airplanes and in airports interferes with 

their enjoyment of air travel, both in the airport and on the airplane. 

11. As a parent, I oppose the burdens imposed by purchasing or otherwise obtaining 

masks for my children, keeping them on hand, and ensuring they are clean and in suitable 

condition to wear. 

12. As a parent, I am concerned about possible health risks that wearing masks might 

pose to my children, including risks they learn about through conversations or news reports. 

13. Consequently, I do not want my children to wear masks, including on airplanes or 

in airports. 

14. I am concerned about the fact that some mask mandates have been reimposed, and 

am apprehensive that they could be reimposed in airports or on airplanes. 

15. My children are concerned about the fact that some mask mandates have been 

reimposed, and are apprehensive that they could be reimposed in airports or on airplanes. 

16. Because of my opposition to mask mandates, and my current understanding of the 

reported mask requirements at O 'Hare International Airport in Chicago, Illinois, and airports in 

New York City, I currently intend to avoid traveling through those airports for as long as the 

requirement exists. 

I declare under penalty of perjury that the foregoing is true and correct. 

Name 

2 

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 36 of 40 PageID 1053
EXHIBIT 10 

APP. 34

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 37 of 40 PageID 1054
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

FAMILY RESEARCH COUNCIL ACTION, 

INC., et al.,

Plaintiffs,

v. Civil Action No.: 

4:22-cv-00209-O

JOSEPH R. BIDEN, JR., in his official capacity 

as President of the United States, et al., 

Defendants.

Supplemental Affidavit of Anthony Richard Perkins

I, Anthony Richard Perkins, declare as follows:

1. I am 59 years of age, a U.S. citizen, and a resident of Louisiana.

2. I am the President of Family Research Council Action, Inc. (FRC Action), a

nonprofit organization, advocating public policies that advance the Family Research Council’s 

mission priorities of “Faith, Family, and Freedom.”

3. I speak regularly with FRC Action members, and am provided information on an

ongoing basis regarding the views of FRC Action members, and their reactions to public policy 

and legal developments relevant to FRC Action mission-related items. 

4. Based on those numerous conversations, briefings, and other inputs, as well as the

daily updates I receive, I believe I have clear knowledge and a firm understanding of the views of 

many FRC Action members regarding the subject-matter of this litigation. 

5. As part of “Freedom,” FRC Action’s mission includes opposing government

actions that overreach lawful authority. 

6. Consequently, it is the position of FRC Action that the mask mandate President

Biden ordered in Executive Order 13998 for commercial aircraft and airports—a mandate which 

was crafted and is maintained by the CDC, and was subsequently imposed by the agencies 

President Biden named in that Executive Order—is one such illegal mandate. 

7. FRC Action thus has a mission-related interest in opposing Executive Order

13998’s mask mandate, and the CDC’s ongoing actions regarding that mandate. 

APP. 35

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 38 of 40 PageID 1055
2

8. FRC Action is participating in this lawsuit to advance its mission and to represent

the interests of FRC Action members. 

9. Many FRC Action members find wearing masks irritating, burdensome,

uncomfortable, and makes breathing more difficult.

10. Many of those FRC Action members find that wearing masks on airplanes and in

airports interferes with their enjoyment of air travel, both in the airport and on the airplane.

11. Many FRC Action members oppose the burdens imposed by purchasing or

otherwise obtaining masks, keeping them on their person, and ensuring they are clean and in 

suitable condition to wear.

12. Many FRC Action members are concerned about possible health risks relating to

wearing masks, such as possible risks they learn about through conversations or news reports. 

13. Many FRC Action members are concerned about the fact that some mask mandates

are being reimposed, and are apprehensive that they could be reimposed in airports and on 

airplanes. 

14. Many FRC Action members do not want to wear masks on airplanes or in airports.

15. With approximately 26,000 members, it is virtually certain that there are FRC

Action members on commercial flights in various locations across the United States on any given 

day. 

16. As part of our commitment to “Family,” FRC Action advocates public policies that

empower parents to act in what those parents believe to be the best interests of their children and 

other family members. 

17. Many FRC Action members are parents of minor children of all ages.

18. FRC Action therefore has a germane mission interest in asserting the parental rights

of those members. 

19. Many FRC Action members who are parents have children who find wearing masks

irritating, burdensome, uncomfortable, and makes breathing more difficult.

20. Many FRC Action members who are parents have children who find that wearing

masks on airplanes and in airports interferes with their enjoyment of air travel, both in the airport 

and on the airplane. 

21. Many FRC Action members who are parents oppose the burdens imposed by

purchasing or otherwise obtaining masks for their children, keeping them on their person, and 

ensuring they are clean and in suitable condition to wear.

APP. 36

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 39 of 40 PageID 1056
3

22. Many FRC Action members who are parents are concerned about possible health

risks that wearing masks might pose to their children, including risks they learn about through 

conversations or news reports.

23. Consequently, many FRC Action members do not want their children to wear

masks on airplanes or in airports.

24. With approximately 26,000 members, it is virtually certain that there are FRC

Action members who are parents on commercial flights in various locations throughout the United 

States on any given day, accompanied by their children and often other family members as well.

25. At last count, FRC Action has 1,493 members in Texas.

26. At last count, FRC Action has 834 members in New York.

27. At last count, FRC Action has 2,450 members in California.

28. I am a member of FRC Action, as well as the President of that organization.

29. I am the father of a 14 year-old child whose initials are S.P., who is a plaintiff here.

30. S.P. frequently travels with me by commercial aircraft across the nation.

31. My son S.P. finds wearing masks irritating, burdensome, uncomfortable, and makes

breathing more difficult.

32. My son S.P. finds that wearing masks on airplanes and in airports interferes with

his enjoyment of air travel, both in the airport and on the airplane. 

33. My son S.P. does not want to have to wear a mask on airplanes or in airports.

34. I do not want S.P. to have to wear a mask on airplanes or in airports.

35. I travel extensively nationwide, including at times traveling through the airports in

Chicago and New York City. 

36. Because of the public reports of possible mask requirements in airports in Chicago

and New York City, I will take extra measures to try to avoid traveling through those airports.

37. However, it appears practically necessary for me to travel through Los Angeles

International Airport for an upcoming trip, where news outlets are currently reporting masks are 

again required for travelers in that California airport. 

I declare under penalty of perjury that the foregoing is true and correct. 

4/22/2022

Date Name

APP. 37

Case 4:22-cv-00209-O Document 31 Filed 04/22/22 Page 40 of 40 PageID 1057