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Agencies are considering measures to enforce the decree, such as civil penalties for air travelers from the Federal Aviation Administration, a broader Department of Transportation order that applies to multiple modes of transportation, and a directive from the Transportation Security Administration. , according to sources. They spoke on condition of anonymity to describe the sensitive and initial discussions between agency representatives and with the transportation industry.
Several of the people described the conversations as preliminary and noted that the approaches of each organization may change.
One possible result is a patchwork of measures from different agencies that oversee the rules for different types of travel such as trains, buses, planes, public transport and ferries. In addition to the FAA, the Department of Transportation includes the Federal Railroad Administration which oversees trains, the Federal Motor Carrier Safety Administration which oversees buses, and the Federal Transit Administration, which is involved in overseeing the transit system. The Coast Guard regulates ferry safety.
Federal action could offer greater consistency and tougher penalties, and Biden has ordered several federal agencies to “take immediate action.”
Mask requirements currently stem from local government decrees governing terminals and airports, as well as company and individual operator rules describing passenger conduct.
The project comes as Biden’s administration is still taking shape. The nominees to head the departments of transport, labor, homeland security and health have not yet been confirmed by the Senate. The candidate for the post of secretary of transport, Pete Buttigieg, testified during his confirmation hearing that once he takes office, he wants to examine “all the competent authorities” to impose the wearing of the mask. Some agencies are currently headed by senior career managers, and the handpicked politicians of the administration are settling into their new jobs.
Possible fines
One approach under consideration is to enforce mask wear with civil penalties that the FAA is authorized to assess against disruptive or non-compliant passengers, according to one of the sources familiar with the discussions. An initial conversation included reviewing fines of up to $ 20,000, according to one of the sources familiar with the discussions who pointed out that everything was preliminary. Lawyers for the agency were working on the matter, another source said. Two sources said the FAA could act within about two weeks.
The FAA policy could be accompanied by a formal or informal recommendation that airlines include the mask rule in pre-flight safety instructions and demonstrations conducted by flight attendants, according to one of the sources.
At the same time, the transport ministry is reportedly considering issuing a mask directive that would apply to multiple modes of transport, according to two sources. It is not clear what form of action DOT might use and when it might take effect.
Two sources familiar with the matter said on Sunday that the Transportation Safety Administration was in contact with industry officials as it considered how to act.
FAA and DOT spokespersons declined to comment and referred CNN to the White House for comment on the plans. The White House did not comment when contacted by CNN.
The TSA told CNN in a statement that it was “exploring how the agency, working with security partners from the DOT, FAA, CDC and TSA (i.e. airports, airlines), can work collaboratively to enforce the President’s travel order for travelers to wear masks.While in airports, on planes, trains, ferries, intercity buses, public transportation common and passenger rail transport systems. ”
Industry wants action
In the industry, there is an appetite for action. Flight attendants and other transport workers find themselves on the front lines as tense situations have in some cases become noisy or even violent, when a passenger refuses to hide.
Airlines for America, which represents the largest US carriers, has repeatedly stated that it supports a federal mandate. He asked the administration to limit the scope of an order to passengers only, citing other requirements for crew members.
The National Air Carriers Association, whose members include Spirit Airlines and Allegiant Air, said on Friday that the upcoming rules are “a critical and long overdue step in ensuring the safety of passengers, crew and people. working at airports and to eliminate any lingering uncertainty regarding the mask. commercial aviation requirements. ”
The Flight Attendants Association, a union that urged the Trump administration to act last spring, called masks “vitally important” in the cabin “where good social distancing is not an option” .
FAA Administrator Steve Dickson, a Trump candidate serving a five-year term, said he believed passengers should wear face masks, but had not previously required them.
He recently signed an order directing FAA officials to crack down on passengers who do not follow flight attendant instructions and disrupt the flight, including breaking an airline’s rule to wear a mask. The agency said it could fine passengers up to $ 35,000 for certain offenses.
The fines that the FAA can impose for various violations are set out in agency guidelines. Suspected violators may be able to negotiate down to a lower amount.
The most recent version of the guidelines – amended earlier this year – provides for a fine of $ 10,000 to $ 20,000 for a passenger who “poses (an) imminent threat to the safety of () aircraft or the collective safety other people. ”
CNN’s Nikki Carvajal contributed to this report.
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