{"id":"AGY-AVIATION-SURFACE-037","kind":"order","level":"federal","jurisdiction":"United States (U.S. Department of Transportation, Office of Aviation Consumer Protection)","state":"","metro":"","industry":"","agency":"AVIATION-SURFACE","eco":"","issuer":"U.S. Department of Transportation, Office of the Secretary, Office of Aviation Consumer Protection","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","instrument":"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)","title":"Notice of Enforcement Policy: Accommodation by Carriers of Persons with Disabilities Who Are Unable to Wear or Safely Wear Masks While on Commercial Aircraft","dateIssued":"2021-02-05","effective":"2021-02-05 (implementing the mask requirement \u0022effective on January 26, 2021\u0022)","end":"in force through Sept. 30, 2021 and until the federal mask requirement ended (April 2022)","startDate":"2021-02-05","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["MASK","TRAV","EMP"],"addressees":["U.S. and foreign air carriers"],"clause":"\u0022The 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.\u0022 Carriers \u0022must conduct an individualized assessment of the potential ways to mitigate the risk to others of allowing passengers with disabilities to fly without a mask\u0022 and must \u0022not refuse transportation to the passenger if [the airline] can protect the health and safety of others by means short of a refusal.\u0022 \u0022Dated: February 5, 2021.\u0022","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","functions":["OP airline boarding and passenger-handling procedures","CB passengers","EMP airline and airport staff procedures"],"notes":"DOT\u0027s own implementation of the federal transportation mask mandate in the airline sector; confirms the mandate\u0027s operation in Q1-Q3 2021.","sourceUrl":"https://www.transportation.gov/sites/dot.gov/files/2021-02/Mask%20Notice%20Issued%20on%20Feb%205.pdf","snapshot":"http://web.archive.org/web/20210321002739/https://www.transportation.gov/sites/dot.gov/files/2021-02/Mask%20Notice%20Issued%20on%20Feb%205.pdf","fileExists":true,"fileBytes":202345,"grade":"primary","character":"","description":"","collection":"AGY-AVIATION-SURFACE","url":"/library/AGY-AVIATION-SURFACE-037","exhibitUrl":"/exhibit/AGY-AVIATION-SURFACE-037","citation":"U.S. Department of Transportation, Office of the Secretary, Office of Aviation Consumer Protection, 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) (Ex. AGY-AVIATION-SURFACE-037)","stateName":"","related":[]}