DOT DENIES TWO PETITIONS FOR MANDATORY MASK REQUIREMENTS
November 2, 2020
On October 5, 2020, the United States Department of Transportation (DOT or the Department) summarily denied two petitions requesting that DOT issue rules mandating the use of face masks in commercial transportation.
The first petition was filed by Flyers Rights Education Fund and requested that DOT issue an interim rule mandating that airlines and airport operators require all persons to wear face masks and allowing airport operators and airlines to enforce this rule by refusing to transport individuals or removing them from airport property. The second petition came from the Transportation Trades Department of the AFL-CIO and requested that DOT promulgate a rule mandating all passengers traveling within DOT-regulated commercial transportation wear face masks or coverings.
In denying both petitions, DOT stated it shared the petitioners’ concerns about the COVID-19 pandemic and the health and welfare of the traveling public and frontline transportation workers. However, DOT also stated its belief that “there should be no more regulations than necessary” and emphasized the availability of non-regulatory solutions. For example, DOT highlighted the fact that airlines and airport operators have already adopted policies requiring face mask use by passengers. DOT did however indicate it will continue to monitor guidelines published by the CDC and their incorporation by transportation stakeholders.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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