To: Covered Owners/Operators
Date: January 31, 2021
MEMORANDUM
Subject: Security Directive 1582/84-21-01
U.S. Department of Homeland Security
Transportation Security Administration
6595 Springfield Center Drive
Springfield, Virginia 20598
Transpo
rtation
Security
Administration
Attached to this memorandum is Security Directive (SD) 1582/84-21-01: Security Measures -
Face Mask Requirements. This SD is issued to implement the January
21
, 2021 , Executive
Order on promoting measures to prevent the spread
of
coronavirus disease 2019 (COVID-19) by
travelers within the United States and those who enter the country from abroad. This SD also
supports enforcement
of
the Centers for Disease Control and Prevention (CDC) Order mandating
masks issued on January 29, 2021.
This SD applies
to
the passenger railroads, intercity bus services, and public transportation.
Please refer to the SD for the specific applicability.
All queries concerning the attached SD should
be
submitted to TSA via email at TSA-
Surface tsa.d . ov
aJoye
Senior Official Performing the Duties
of
the TSA Administrator
Attachment:
Security Directive 1582/84-21-01
Transportation
• Security
Administration
NUMBER
SUBJECT
EFFECTIVE DATE
EXPIRATION DATE
CANCELS AND SUPERSEDES
APPLICABILITY
AUTHORITY
LOCATION
SECURITY DIRECTIVE
SD 1582/84-21-01
U.S. Department
of
Homeland Security
Transportation Security Administration
6595 Springfield Center Drive
Springfield, Virginia 20598
Security Measures - Mask Requirements
11
:59 pm EST on February
1,
2021
May
11,
2021
Not Applicable
Each owner/operator identified in 49 CFR 1582.l(a); each
owner/operator identified in 49 CFR 1584.1 that provides
fixed-route service as defined in 49 CFR 1500.3
49 U.S.C. 114
United States
PURPOSE AND GENERAL INFORMATION
Due to the ongoing COVID-19 pandemic and to reduce the spread
of
the virus, the President
issued an Executive Order, Promoting COVJD-19 Safety in Domestic
and
International Travel,
on January 21, 2021, requiring masks to be worn in airports, on commercial aircraft, and in
various modes
of
surface transportation. On January 27, 2021, the Acting Secretary
of
Homeland Security determined a national emergency existed requiring the Transportation
Security Administration (TSA) to issue this Security Directive (SD) to implement the Executive
Order and enforce the related Order
1
issued by the Centers for Disease Control and Prevention
(CDC), pursuant to the authority
of
49 U.S.C. section 114. Consistent with these mandates and
TSA's
authority, TSA is issuing this SD requiring masks to be worn to mitigate the spread
of
COVID-19. The requirements in this SD must be applied to all persons in or on one
of
the
conveyances or a transpo1iation facility used by one
of
the modes identified above. TSA
developed these requirements in consultation with the Department
of
Transportation (including
the Federal Railroad Administration, the Federal Transit Administration, and the Federal Motor
Carrier Safety Administration) and the CDC.
1
See Order Under Section
361
of
the Public Health Service Act (42 U.S.C. § 264) and 42 Code ofFederal
Regulations
§§
70.2, 71.31 (B), 71.32(B); Requirement for Persons to Wear Masks While on Conveyances and at
Transportation Hubs (January 29, 2021).
Page I
of5
Security Directive
SD 1582/84-21-0 I
DEFINITIONS
For the purpose
of
this SD, the following definitions apply:
Conveyance has the same definition as under 42
CFR
70.1, meaning
"an
aircraft, train, road
vehicle, vessel ... or other means
of
transpo1i, including military."
Mask means a material covering the nose and mouth
of
the wearer, excluding face shields.
2
Transportation hub/facility means any airp01i, bus terminal, marina, seaport
or
other port,
subway stations, terminal (including any fixed facility at which passengers are picked-up
or
discharged), train station, U.S. p01i
of
entry, or any other location that provides transp01iation
subject to the jurisdiction
of
the United States.
ACTIONS REQUIRED
A. Owner/Operators must notify passengers with prominent and adequate notice
of
the mask
requirements to facilitate awareness and compliance.
3
At
a minimum, this notice must
inform passengers, at the time tickets are purchased or when otherwise booking
transportation
and
at the time the conveyance depaiis its location after boarding passengers,
of
the following:
1.
Federal law requires wearing a mask while on the conveyance and failure to comply may
result in denial
of
boarding or removal.
2.
Refusing to wear a mask is a violation
of
federal law; passengers may be subject to
penalties under federal law.
B. Owner/Operators must require that individuals wear a mask, except as described in Sections
D., E., or F., as follows:
1.
Any persons in a public transportation, passenger railroad, or bus conveyance covered
by this SD.
2. Any person in public areas
of
transportation hubs/facilities controlled by the
owner/operator (such as for purposes
of
purchasing tickets, waiting areas, and
platforms for boarding and disembarking) for the duration
of
travel, boarding, and
disembarking.
2
A properly worn mask completely covers the nose and mouth
of
the wearer. A mask should be secured to the
head, including with ties or ear loops. A mask should fit snugly but comfortably against the side
of
the face. Masks
do not include face shields. Masks can be either manufactured or homemade and should be a solid piece
of
material
without slits, exhalation valves,
or
punctures. Medical masks and N-95 respirators fulfill the requirements
of
this
SD. CDC guidance for attributes
of
acceptable masks
in
the context
of
this SD
is
available at
https://www.cdc.gov/guarantine/masks/mask-travel-guidance.html.
3
Notice may include,
if
feasible, advance notifications on digital platforms, such as on apps, websites, or email;
posted signage in multiple languages with illustrations; printing the requirement on tickets; or other methods as
appropriate.
Pa
ge 2
of
5
Security Directive SD 1582/84-21-0 I
C.
Owner/Operators must ensure that direct employees and contractor employees wear a mask
at all times when in conveyances or in or around transpo1iation facilities under their control,
except
as
described in Sections D., E., or
F.
D.
The requirement to wear a mask does not apply under the following circumstances:
1.
When necessary to temporarily remove the mask for identity verification purposes.
2.
While eating, drinking, or taking oral medications for brief periods
4
• Prolonged periods
of
mask removal are not permitted for eating or drinking; the mask must be worn
between bites and sips.
3.
While communicating with a person who is deaf or hard
of
hearing, when the ability to
see the mouth is essential for communication.
4.
If
unconscious (for reasons other than sleeping), incapacitated, unable to be awakened, or
otherwise unable to remove the mask without assistance.
5
E.
The following conveyances are exempted from wearing masks:
1.
Persons in private conveyances operated solely for personal, non-commercial use.
2.
A driver, when operating a commercial motor vehicle as this term is defined in 49 CPR
390.5,
if
the driver is the sole occupant
of
the vehicle.
F. This SD exempts the following categories
of
persons from wearing masks:
6
1.
Children under the age
of
2.
4
The
CDC
has stated that
brief
periods
of
close contact without a mask should not exceed
15
minutes. See
https :/ /
www
.cdc.gov/ coronav irus/20 I 9-ncov /php/pub
Ii
c-health-recommendations. htm I
5
Persons who are experiencing difficulty breathing or shortness
of
breath or are feeling winded may remove the
mask temporarily until able to resume normal breathing with the mask. Persons
who
are vomiting should remove
the mask until vomiting ceases. Persons with acute illness may remove the mask
if
it interferes-with necessary
medical care such as supplemental oxygen administered via an oxygen mask.
6
Owner/Operators may impose requirements, or conditions
of
carriage, on persons requesting an exemption from
the requirement to wear a mask, including medical consultation by a third party, medical documentation
by
a
licensed medical provider, and/or other information as determined by the owner/operator, as well as require
evidence that the person does not have COVID-19 such as a negative result from a SAR-CoV-2 viral test or
documentation
of
recovery from COVID-19. CDC definitions for SAR-CoV-2 viral test and documentation
of
recove,y are available
in
Frequently Asked Questions at: https://
www
.cdc.gov/coronavirus/2019-
ncov/travelers/testing-intemational-air-travelers.html. Owners/Operators may also impose additional protective
measures that improve the ability
of
a person eligible for exemption to maintain social distance (separation from
others by 6 feet), such as scheduling t·avel at less crowded times
or
on less crowded conveyances,
or
seating
or
otherwise situating the individual in a less crowded section
of
the conveyance or t ·ansportation hub/facility
Owners/Operators
may
further require that persons seeking exemption from the requirement to wear a mask request
an accommodation in advance.
Page 3
of
5
Security Directive SD 1582/84-21-0 I
2.
People with disabilities who cannot wear a mask, or cannot safely wear a mask, because
of
the disability as defined by the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.).
7
3.
People for whom wearing a mask would create a risk to workplace health, safety,
or
job
duty as determined by the relevant workplace safety guidelines or federal regulations.
G.
Owner/Operators must establish procedures to manage situations with persons who refuse to
comply with the requirement to wear a mask.
At
a minimum, these procedures must ensure
that
if
an individual refuses to comply with an instruction given by the owner/operator with
respect to wearing a mask, the owner/operator must:
1.
Deny boarding;
2.
Make best effmis to disembark the individual as soon as practicable; or
3.
Make best effmis to remove the individual from the transportation hub/facility.
H.
If
an individual's refusal to comply with the mask requirement constitutes a significant
security concern, the owner/operator must repo1i the incident to the Transportation Security
Operations Center (TSOC) at 1-866-615-5150 or 1-703-563-3240 in accordance with 49
CFR 1570.203.
PREEMPTION
The requirements in this SD do not preempt any State, local, Tribal, or territorial rule, regulation,
order, or standard necessary to eliminate or reduce a local safety hazard, which includes public
health measures that are the same or more protective
of
public health than those required in this
SD,
if
that provision is not incompatible with this SD.
PROCEDURES FOR SECURITY DIRECTIVES
A.
The owner/operator must immediately provide written confirmation
ofreceipt
of
this SD via
email to TSA at TSA-Surface@tsa.dhs.gov.
B. The owner/operator must immediately disseminate the information and measures in this SD
to corporate senior management, security management representatives, and any personnel
having responsibilities in implementing the provisions in this directive. The owner/operator
may widely share this SD with anyone subject to the provisions
of
this directive to include,
7
This is a narrow exception that includes a person with a disability who cannot wear a mask for reasons related to
the disability; who, e.g., do not understand how to remove their mask due to cognitive impairment, cannot remove a
mask on their own due to dexterity/mobility impairments,
or
cannot communicate promptly to ask someone else to
remove their mask due to speech impairments
or
language disorder
s,
or cannot wear a mask because doing so would
impede the function
of
assistive devises/technology.
It
is
not meant to cover persons for whom mask-wearing may
only be difficult. CDC intends to issue fmther guidance regarding this exception.
Page 4
of
5
Security Directive SD 1582/84-21-0 I
but not limited to, federal, state, and local government personnel; direct owner/operator
employees; tenants; contractors; transpo1t personnel; taxi drivers; law enforcement; etc.
C.
All individuals responsible for implementing this SD must be briefed by the owner/operator.
If
the owner/operator is unable to implement the measures in this SD, the owner/operator
must submit proposed alternative measures and the basis for submitting the alternative
measures to TSA for approval.
D.
The owner/operator may comment on this SD by submitting data, views, or arguments in
writing to TSA via email at TSA-Surface@tsa.dhs.gov . TSA may amend the SD based on
comments received. Submission
of
a comment does not delay the effective date
of
the SD.
APPROVAL OF ALTERNATIVE MEASURES
The owner/operator must immediately notify TSA via email at TSA-Surface@tsa.dhs.gov
if
unable to implement any
of
the measures in this SD. The owner/operator may submit proposed
alternative meas a justification for adopting those measures to the email addresses
above.
rby LaJoye
Senior Official Performing the Duties
of
the TSA Administrator
Page 5
of5
