Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021), Docket FRA-2021-0016

The record

Jurisdiction

United States (Federal Railroad Administration; all freight and passenger railroads and railroad facilities)

Level

Federal

Authority

49 U.S.C. § 20104(a)(1): the Secretary may issue an emergency order where an unsafe condition or practice "causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment"; delegated to FRA, 49 C.F.R. § 1.89

Issued

2021-02-26 Feb. 26, 2021

Effective

2021-03-01

End

in force through Sept. 30, 2021 and beyond (FRA statement of enforcement discretion June 10, 2021, Ex. 075; rescinded after the April 2022 vacatur of the CDC order) (read as 2021-09-30)

In force

Mar. 1, 2021 to Sept. 30, 2021

Quarters

2021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Face-covering requirementTravel and quarantineWorkplace rules

Addressees

• freight railroads
• passenger railroads (Amtrak, commuter railroads)
• any other person whose actions are necessary to effectuate the directives
• railroad personnel: employees, contractors and subcontractors

Functions reached

• EMP workplace rules for every railroad employee and contractor (masking in yards, shops, crew rooms, terminals)
• WF
• SC rail freight operations (all Class I, II and III railroads)
• TR passenger rail (Amtrak and commuter railroads)

Collection

Aviation and surface-transport regulators AGY-AVIATION-SURFACE

Operative words

"[I]t is hereby ordered that freight railroads, passenger railroads, and any other person whose actions are necessary to effectuate the directives in this E.O., take the following actions, as required: I. Railroad carriers. (A) Railroad carriers must require their personnel to wear a mask in compliance with the CDC Order while engaged in railroad operations, including whenever in a transportation hub/facility under the railroad carrier's control (regardless of duty status), except as described in Section III (Exceptions and exemptions), below." Scope: "this E.O. applies to all persons in or on a freight train, locomotive, high-rail vehicle, crew transportation vehicle, or in a railroad transportation facility, terminal, yard, storage facility, yard office, crew room, maintenance shop, and other areas regularly occupied by personnel engaged in railroad operations."

Enforcement

Notes