[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Rules and Regulations]
[Pages 26825-26826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10433]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules 
and Regulations  

[[Page 26825]]



DEPARTMENT OF HOMELAND SECURITY

6 CFR Chapter I

49 CFR Chapter XII

[DHS Docket No. DHS-2021-0018]


Ratification of Security Directives and Emergency Amendment

AGENCY: Office of Strategy, Policy, and Plans, Department of Homeland 
Security (DHS).

ACTION: Notification of ratification of directives and emergency 
amendment.

-----------------------------------------------------------------------

SUMMARY: DHS is publishing official notification that the 
Transportation Security Oversight Board (TSOB) has ratified 
Transportation Security Administration (TSA) aviation security 
directives (SDs) applicable to airport and aircraft operators and an 
emergency amendment (EA) applicable to foreign air carriers requiring 
mask wearing at airports and onboard commercial aircraft to protect the 
safety and security of the traveling public, transportation workers, 
and the transportation system from the threat of COVID-19.

DATES: The ratification was executed on April 20, 2021, and took effect 
on that date.

FOR FURTHER INFORMATION CONTACT: John D. Cohen, DHS Coordinator for 
Counterterrorism and Assistant Secretary for Counterterrorism and 
Threat Prevention, DHS Office of Strategy, Policy, and Plans, (202) 
282-9708, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. Executive Order, DHS Determination, and Centers for Disease Control 
and Prevention (CDC) Order

    On January 21, 2021, in recognition of the continuing threat to 
health, safety, and economic and national security posed by COVID-19, 
including the new virus variants, the President issued Executive Order 
13,998, Promoting COVID-19 Safety in Domestic and International 
Travel.\1\ The Executive Order directs the Secretary of Homeland 
Security, in coordination with other federal officials and ``through 
the Administrator of the Transportation Security Administration,'' to 
``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 airports, commercial aircraft, trains, public 
maritime vessels, intercity bus services, and all forms of public 
transportation.\2\ The Executive Order focuses on a nationwide, ``whole 
of government'' approach to addressing security and safety concerns 
presented by the continued transmission of COVID-19 through the 
transportation system.
---------------------------------------------------------------------------

    \1\ 86 FR 7205 (published Jan. 26, 2021).
    \2\ Id.
---------------------------------------------------------------------------

    On January 27, 2021, the Acting Secretary of Homeland Security 
issued a Determination of a National Emergency Requiring Actions to 
Protect the Safety of Americans Using and Employed by the 
Transportation System.\3\ The Acting Secretary's determination directs 
TSA to take actions consistent with its statutory authorities ``to 
implement the Executive Order to promote safety in and secure the 
transportation system.'' In particular, the determination directs TSA 
to support ``the CDC in the enforcement of any orders or other 
requirements necessary to protect the transportation system, including 
passengers and employees, from COVID-19 and to mitigate the spread of 
COVID-19 through the transportation system.''
---------------------------------------------------------------------------

    \3\ Acting Secretary David P. Pekoske, Determination of a 
National Emergency Requiring Actions to Protect the Safety of 
Americans Using and Employed by the Transportation System (Jan. 27, 
2021), available at https://www.dhs.gov/publication/determination-national-emergency-requiring-actions-protect-safety-americans-using-and (accessed Feb. 22, 2021).
---------------------------------------------------------------------------

    On January 29, 2021, the Director of the CDC's Division of Global 
Migration and Quarantine issued a Notice and Order titled Requirement 
for Persons to Wear Masks While on Conveyances and at Transportation 
Hubs.\4\ The CDC Order, effective February 1, 2021, provides that it 
``shall be enforced by the Transportation Security Administration under 
appropriate statutory and regulatory authorities'' and ``further 
enforced by other federal authorities'' as well as ``cooperating state 
and local authorities.'' \5\
---------------------------------------------------------------------------

    \4\ 86 FR 8025 (Feb. 3, 2021).
    \5\ Id. at 8030.
---------------------------------------------------------------------------

B. TSA Security Directives 1542-21-01 and 1544-21-02 and Emergency 
Amendment 1546-21-01

    On January 31, 2021, the Senior Official Performing the Duties of 
the TSA Administrator issued SD 1542-21-01 to airport operators, SD 
1544-21-02 to aircraft operators, and EA 1546-21-01 to foreign air 
carriers requiring mask wearing at airports and onboard commercial 
aircraft to protect the safety and security of the traveling public, 
transportation workers, and the transportation system from the threat 
of COVID-19. The SDs and EA, which are available in the docket for this 
notice at https://www.regulations.gov/, became effective on February 1, 
2021, and were scheduled to expire on May 11, 2021. Neither the Acting 
Secretary's national emergency determination nor the CDC Order includes 
an expiration date and they remain in effect based on specific public 
health conditions and in consideration of the public health emergency.
    The SDs and EA implement the Executive Order, the Acting Secretary 
of Homeland Security's national emergency determination, and the CDC 
Order by requiring mask wearing at airports and onboard commercial 
aircraft. The SDs and EA mandate measures to secure and promote safety 
in the transportation system, including passengers and employees, by 
mitigating against the further spread of COVID-19. Under the airport 
operator SD, covered operators must: (1) Make best efforts to provide 
individuals with prominent and adequate notice of the mask requirement 
to facilitate awareness and compliance; (2) require individuals to wear 
a mask; (3) escort individuals from the airport who refuse to comply 
with the mask requirement; and (4) report incidents of non-compliance 
to TSA. Under the aircraft operator SD and the EA, covered operators 
and carriers must: (1) Provide prominent and adequate notice of the 
mask requirement to facilitate awareness and compliance; (2) require 
individuals to wear a mask; (3) refuse to

[[Page 26826]]

board individuals who are not wearing a mask and make best efforts to 
disembark those who refuse to comply as soon as practicable; and (4) 
report incidents of non-compliance to TSA. Consistent with the CDC 
Order, the SDs and EA permit limited exemptions from the requirement to 
wear a mask in the transportation system, and do not preempt state or 
local requirements that are the same or more protective of public 
health than TSA's mandatory measures.

II. TSOB Ratification

    TSA has broad authority to issue orders, regulations, and 
directives related to all forms of transportation (including air 
transportation), as well as separate authority specific to aviation, 
including operators of aircrafts and airports.\6\ The TSOB--a body 
consisting of the heads of various interested Cabinet agencies, or 
their designees, and a representative of the National Security 
Council--reviews TSA regulations and security directives consistent 
with law.\7\ The chairman of the TSOB \8\ convened the Board for review 
of TSA SDs 1542-21-01 and 1544-21-02 and EA 1546-21-01.\9\
---------------------------------------------------------------------------

    \6\ See 49 U.S.C. 114, 44902, and 44903; see 49 CFR 1542.303, 
1544.305, and 1546.105.
    \7\ See, e.g., 49 U.S.C. 115.
    \8\ The Deputy Secretary of Homeland Security serves as chairman 
of the TSOB. DHS Delegation No. 7071.1, Delegation to the Deputy 
Secretary to Chair the Transportation Security Oversight Board (Apr. 
2, 2007). The Deputy Secretary position is currently vacant and the 
duties of the position, including service as chairman of the TSOB, 
are being temporarily performed by senior DHS official David P. 
Pekoske.
    \9\ The TSOB previously reviewed and ratified TSA's SD regarding 
mandatory mask measures in the surface transportation sector. See 86 
FR 13971 (published Mar. 12, 2021) regarding notification of TSOB 
ratification of TSA security directive 1582/84-21-01.
---------------------------------------------------------------------------

    Following its review, on April 20, 2021, the TSOB ratified the SDs 
and EA. As part of this ratification, the TSOB also ratified any 
extension of the SDs and EA for a period no longer than the period of 
time that the Acting Secretary's national emergency determination and 
the CDC Order remain in effect should the TSA Administrator determine 
that such an extension is warranted to support implementation of the 
Executive Order, the national emergency determination, and the CDC 
order.
    The SDs and EA are available in the docket for this notice at 
https://www.regulations.gov/.

David P. Pekoske,
Senior Official Performing the Duties of Deputy Secretary of Homeland 
Security & Chairman of the Transportation Security Oversight Board, 
U.S. Department of Homeland Security.
[FR Doc. 2021-10433 Filed 5-17-21; 8:45 am]
BILLING CODE 9110-9M-P