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
2020 Q22020 Q32020 Q42021 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.