Biden’s mask mandate: transport officials weigh options to enforce Biden’s new requirement for travelers

The normal rule process can take at least months to complete, and officials are apparently considering emergency actions that could take effect much sooner. Biden on Thursday signed an executive order requiring foreign travelers to wear a mask, and on his first day in office, he challenged Americans to wear masks for 100 days to reduce the spread of the coronavirus.

Agencies are considering enforcement measures for enforcement, such as civil fines for air passengers from the Federal Aviation Administration, a broader Department of Transportation order that applies to multiple modes of transportation, and a directive for the transportation safety administration, the sources said. They talked about the condition of anonymity to describe sensitive and initial conversations between agency officials and with the transportation industry.

Several individuals described the talks as tentative and noted that the approaches of each agency could possibly change.

A possible outcome is a patchwork quilt of measures from different agencies that oversee rules for different types of travel such as trains, buses, planes, public transport and ferries. In addition to the FAA, the Transportation Division also includes the Federal Railway Administration, which oversees trains, the Federal Motor Transport Safety Administration, which oversees buses, and the Federal Transit Administration, which oversees transportation systems. The Coast Guard regulates the safety of the ferry.

Federal action could provide greater consistency and stricter fines, and Biden has ordered several federal agencies to ‘take immediate action’.

Mask requirements currently stem from orders from local authorities controlling terminals and airports, plus rules from individual companies and operators outlining passenger behavior.

The project comes because Biden’s administration is still taking shape. Nominees to head the Department of Transportation, Labor, Homeland Security and Health have not yet been confirmed by the Senate. The nominee for the transport secretary, Pete Buttigieg, testified during his confirmation hearing that once he accepts the office, he wants to look to “all relevant authorities” to enforce wearing a mask. Some agencies are currently run by senior career officials, and the administration’s hand-picked policy officers are just establishing their new jobs.

Possible fines

According to one of the sources familiar with the discussions, the application of mask is with civil penalties that the FAA may judge against the disruptive or non-compliant passengers. According to one of the sources familiar with the discussions, considering the fines up to $ 20,000, it said it was all preliminary. Lawyers for the agency were working on the issue, another source said. Two sources said the FAA could act within about two weeks.

According to one of the sources, the FAA policy may accompany a formal or informal recommendation that airlines include the mask rule in the flight safety instructions and demonstrations conducted by flight attendants.

At the same time, it is said that the Department of Transport is considering issuing a mask guideline that, according to two sources, will apply to various means of transportation. It is not clear what action the DOT can use and when it can take effect.

Two sources familiar with the matter said Sunday that the transportation safety administration was in contact with industry officials because it was considering how to act.

FAA and DOT spokesmen declined to comment and referred CNN to the White House for comment on the plans. The White House did not comment on a request from CNN.

The TSA said in a statement to CNN that it was “investigating how the agency, in cooperation with the DOT, FAA, CDC and TSA security partners (ie airports, airlines), can work together to enforce the president’s travel order. for travelers to wear masks, while at airports, on planes, trains, ferries, intercity buses, mass transit and passenger rail systems. ‘

The industry wants action

In the industry, there is an appetite for action. Flight attendants and other transport workers find themselves in the front lines, as tense situations sometimes become noisy and even violent when a passenger refuses to hide.

Airlines for America, which represents the largest U.S. airline representatives, has said on several occasions that they support a federal mandate. He asked the administration to limit the scope of an order to passengers only, citing other requirements for crew members.

The National Airline Association, which includes Spirit Airlines and Allegiant Air, said Friday the upcoming rules are a critical and long overdue move to ensure the safety of passengers, crew and those working at airports and to mask any uncertainty regarding to eliminate. requirements in commercial aviation. ”

The Association of Flight Attendants, a union that has encouraged the Trump administration to act this past spring, called masks in the cabin ‘of utmost importance’, where proper social distance is not an option. ‘

FAA Administrator Steve Dickson, a Trump nominee serving a five-year term, said he believes passengers should wear face masks, but has not required this before.

He recently signed an order instructing FAA officials to suppress passengers who do not follow flight attendant’s instructions and to fly disruptively, including that they do not comply with the rule of an airline to wear a mask. The agency noted that it could fine passengers as much as $ 35,000 for violations.

The amounts of fines that the FAA may charge for various offenses are set out in the agency’s guidelines. Alleged offenders may be able to negotiate up to a lower amount.

The latest version of the guidelines – which was amended earlier this year – imposes a fine of between $ 10,000 and $ 20,000 for a passenger who poses a threatening threat to the safety of an aircraft or the collective safety of other individuals. ”

CNN’s Nikki Carvajal contributed to this report.

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