The Centers for Disease Control and Prevention last week issued new mask requirements that go into effect at 11:59 p.m. on Feb. 1, 2021. The order, which requires all travelers to wear face masks, is largely similar to policies set by individual airports and airlines over the last few months, but includes some additional “guidance” on which masks are acceptable. Of the broad requirement, the CDC says that “operators must also require all persons onboard to wear masks when boarding, disembarking, and for the duration of travel. Operators of transportation hubs must require all persons to wear a mask when entering or on the premises of a transportation hub.”
The impacts for general aviation are not entirely clear. EAA says it is “closely monitoring the FAA’s and TSA’s implementation of [the] mask mandates to ensure that it does not inappropriately impact general aviation operations.” EAA’s concern is that while the description of “commercial aircraft” is likely to be interpreted as Part 121 and, possibly, Part 135 operators, it’s not clear that the rules do not apply to certain aspects of non-commercial flying. In particular, EAA warns that “the open-ended ‘airports’ requirement could spill over to general aviation facilities, even private areas such as hangars, if interpreted overzealously. EAA is working to ensure that the implementation of the order remains limited to public transportation facilities such as airline terminals, and does not create any unreasonable ‘one size fits all’ mandates that cover GA.”
The National Business Aviation Association says that “Private conveyances for personal, non-commercial use are exempt from the rule, meaning passengers of private Part 91 operations are not required to comply.”
“This CDC order brings the force of a government mandate to business practices already in place around much of the country,” said Brian Koester, CAM, NBAA’s director of flight operations and regulations. “Aircraft operators and FBO managers should review the order with their personnel to ensure compliance. Having a formal mandate from the federal government should assist operators and FBOs in ensuring compliance with appropriate mask practices.”
According to the CDC, “A properly worn mask completely covers the nose and mouth,” and should be “a solid piece of material without slits, exhalation valves, or punctures.” Moreover, the CDC specifically calls out “face shields or goggles” as not complying with the requirements but they may be used in conjunction with a mask. Neither do shirts or sweater collars, masks “made from loosely woven fabric or that are knitted,” or masks that contain “slits, exhalation valves, or punctures” comply with the requirements.
Just like most of the state enacted orders it will be interesting to see how this is enforced. Lots of local law enforcement agencies all over the country have gone on record as saying they will not (what are described as unconstitutional) enforce mask orders or have said there is no law to enforce. The FAA has not enforced any mask order that I know of and TSA has only enforced the orders at security checkpoints. In fact the FAA has said companies cannot mandate pilots in pressurized planes to wear masks unless that company can prove that the face covering does not interfere with emergency O2 mask use. That would be something considering the FAA has allowed sim training to skip any emergency O2 mask demonstrations for now.
“The premises of a transportation hub.” I wonder who authored that diberately vague phraseology?
Does that include FBOs sometimes used by Part 135 operators? The parking lot in front of the building?
Are Part 135 flights even covered by this constitutionally questionable “Order?”
Brave New World.
Deliberately. (Fat fingers.)
Unfortunately yes they are making 135 operators follow this. Dumbest thing you can ride in car with your family to airport without one but you have to wear one in the plane with your family onboard. Biden trying to kill more jobs and lack of common sense. One of the reason the charter business was doing well since people wanted to travel without mask.
This does indeed pose an interesting situation. Constitutional issues aside, the laws of the US Government and all states grant their leader (Governor or President), in times of emergency, the power to mandate actions to protect the safety of their citizens. This is pretty clearly a national health emergency. However, I don’t see anything granting the CDC the power to order any action without the specific concurrence of either the President and/or the Congress. They can issue guidelines for implementation of a process, but it requires either the Executive or Legislative branch (or both) to make it law. Did I miss it, or did President Biden issue an Executive Order to support the CDC “mandate”? Also, since this is now a national decree, would the FBI (the federal government’s law 6enforcement body) be the ones to enforce it rather than state or local police?
I’m not an anti-master, and would be willing to wear a suitable mask while accessing airline travel, or any other mode of public transit. But, this calls into question a whole host of legal issues. Oh, and YARS, who do you think wrote the “law”? Lawyers of course, probably ones that don’t know the difference between Part 91, 121 and 135.
This action appears to be an “Executive Order” – NOT a Law. Makes it all the more questionable.
While the U.S. focuses on MORE LAWS and MORE CONTROLS–Canada Airlines is doing something about it. It is dated Feb. 1.
https://nationalpost.com/news/canada/air-canada-suncor-and-other-companies-launch-rapid-screening-consortium-to-test-for-coronavirus
The rapid-screening test has results in 15 minutes. It takes a proactive test for flight, instead of a government mandated “THOU SHALT NOT” approach–“Take this test, and boarding starts in 15 minutes.”
Once again, private enterprise succeeds where government fails–ASSUMING, of course, that the government doesn’t disapprove this in a fit of “not invented here”.
…the Canadian government has mandated masks on commercial airlines for many many months. The Canadian requirements look almost the same as the US ones, except the Canadian ones have been in place for much much longer. Any rapid testing is IN ADDITION TO mask mandates, not instead of.
And those tests have been show to be unreliable.
Since most of the newer charter customers are doing so to get away from airline rules, I see this “mandate” as even less enforceable than the pt135.89(b)3 O2 requirements for cockpit flight crew members in pressurized planes.
Does not apply to the crew but our DO put a letter out for us that we as a 135 need to ensure our pax have a mask on. One of the many reason people charter airplanes now is so they do not have to wear a mask.
As a public health issue, CDC guidelines now mandating strict masking on public transportation systems provides commercial airlines the means to remove those refusing to mask up. For whatever reason, this unprecedented Covid-19 pandemic seems to befuddle, anger and frustrate ignorants unwilling to heed health warnings. America is not alone in personal freedoms against a world wide pandemic easily held in check with a mask while in a confined cabin full of strangers. Anyone anywhere can be asymptomatic, unaware they’re carrying this virus to spread easily. It’s carried on clothing as we exhale, floats into the air to deposit on the next victim unaware he or she has become another carrier then become infected without rhyme or reason . Whether or not a person becomes infected is reduced if a mask is worn and hands are cleaned before touching their nose, eyes or face. Inhaling a virus is easy. Keeping it at bay is just as easy and readily proven with masking and social distancing. Tight cabin confines presents it own unique health concerns so those knowing their health conditions tend to remain aware yet there will be ignorants with colds and flu that insists on flying. How do we determine these people who are sick from preventing them from flying against those belonging to the super spreader club carrying Covid-19? I dislike masks but wear one everywhere I travel in public. Even ski areas admonish everyone waiting on line for a chair lift to mask up and separate. Wearing skis or snowboard tends to force separation.
The airlines can now enforce masks on board and have already banned passengers refusing to wear masks. If you obey putting on a seat belt before take off then masks are a temporary health solution until the majority of everyone are vaccinated on this little orb we call Earth. The last pandemic killed well over 100 million without science and masks. We’re suppssed to be smarter yet ignorants are still around to slow progress. Remember, masks are an inconvenience and temporary until the majority of this planet are vaccinated so we can once again show our yellowed teeth in snapshots instead of the bandit look.