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Ex. AGY-AVIATION-SURFACE-037 Order Primary source read

Notice of Enforcement Policy: Accommodation by Carriers of Persons with Disabilities Who Are Unable to Wear or Safely Wear Masks While on Commercial Aircraft (Feb. 5, 2021)

Notice of Enforcement Policy: Accommodation by Carriers of Persons with Disabilities Who Are Unable to Wear or Safely Wear Masks While on Commercial Aircraft

U.S. Department of Transportation, Office of the Secretary, Office of Aviation Consumer Protection · United States (U.S. Department of Transportation, Office of Aviation Consumer Protection) (Federal)

The COVID Project

The record

Jurisdiction
United States (U.S. Department of Transportation, Office of Aviation Consumer Protection)
Level
Federal
Authority
49 U.S.C. § 41705 and 14 C.F.R. part 382 (nondiscrimination on the basis of disability), applied to the federal mask requirement established by EO 13998 and the CDC Order
Issued
2021-02-05 Feb. 5, 2021
Effective
2021-02-05 (implementing the mask requirement "effective on January 26, 2021") (read as 2021-02-05)
End
in force through Sept. 30, 2021 and until the federal mask requirement ended (April 2022) (read as 2021-09-30)
In force
Feb. 5, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Face-covering requirementTravel and quarantineWorkplace rules
Addressees
  • U.S. and foreign air carriers
Functions reached
  • OP airline boarding and passenger-handling procedures
  • CB passengers
  • EMP airline and airport staff procedures
Collection
Aviation and surface-transport regulators AGY-AVIATION-SURFACE

Operative words

"The Office of Aviation Consumer Protection (OACP)... is issuing this Notice of Enforcement Policy to remind U.S. and foreign air carriers of their obligation to comply with the Air Carrier Access Act... [masks] must be worn, subject to certain limited exemptions, to mitigate the spread of COVID-19 during air travel." Carriers "must conduct an individualized assessment of the potential ways to mitigate the risk to others of allowing passengers with disabilities to fly without a mask" and must "not refuse transportation to the passenger if [the airline] can protect the health and safety of others by means short of a refusal." "Dated: February 5, 2021."

Enforcement

49 U.S.C. §§ 41705, 46301; DOT enforcement of the ACAA; the underlying mask requirement enforced by TSA security directives and the CDC Order

Notes

DOT's own implementation of the federal transportation mask mandate in the airline sector; confirms the mandate's operation in Q1-Q3 2021.