The agencies are considering enforcement measures for the executive order, such as civil penalties for air travelers from the Federal Aviation Administration, a broader order from the Department of Transportation that applies to various modes of transit and a directive from the Transportation Safety Administration, the sources said. They spoke on condition of anonymity to describe delicate and initial discussions between agency officials and the transportation industry.
Several individuals described the conversations as preliminary and noted that it was possible that each agency’s approaches could 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, airplanes, public transport and ferries. In addition to the FAA, the Department of Transportation includes the Federal Railroad Administration, which supervises trains, the Federal Motor Carrier Safety Administration, which supervises buses, and the Federal Transit Administration, which is involved in the supervision of the transit system. The Coast Guard regulates the safety of the ferry.
Federal action could provide greater consistency and more severe penalties, and Biden instructed several federal agencies to “act immediately”.
The mask requirements currently stem from local government orders that govern terminals and airports, as well as rules from companies and individual operators that describe the conduct of passengers.
The project comes at a time when the Biden management is still in the making. Those nominated to lead the Transport, Labor, Homeland Security and Health departments have yet to be confirmed by the Senate. Transport secretary-nominee Pete Buttigieg testified at his confirmation hearing that, as soon as he takes office, he wants to examine “all relevant authorities” to impose the use of a mask. Some agencies are currently led by senior career officials, and policy workers handpicked by the government are just settling into their new jobs.
Possible fines
One approach under consideration is to impose the use of a mask with civil penalties that the FAA is allowed to assess against disruptive passengers or those who fail to comply with obligations, according to one of the sources familiar with the discussions. An initial conversation included considering fines of up to $ 20,000, according to one of the sources familiar with the discussions, who emphasized that everything was preliminary. The agency’s lawyers were working on the matter, another source said. Two sources said the FAA could act in approximately two weeks.
The FAA policy may be accompanied by a formal or informal recommendation that airlines include the mask rule in pre-flight safety instructions and in demonstrations conducted by flight attendants, according to one of the sources.
At the same time, the Department of Transportation is considering issuing a mask directive that would apply to various modes of transport, according to two sources. It is not clear what form of action the DOT can take and when it will take effect.
Two sources familiar with the matter said on Sunday that the Transportation Security Administration was in contact with industry officials to consider how to act.
FAA and DOT spokesmen 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.
TSA told CNN in a statement that it is “exploring how the agency, in conjunction with DOT, FAA, CDC and TSA security partners (ie airports, airlines), can work collaboratively to enforce the order. President’s travel bag for travelers to wear masks while at airports, on planes, trains, ferries, intercity buses, mass transit and rail passenger systems. ”
Industry wants action
In the sector, there is an appetite for action. Flight attendants and other transport officials are on the front lines, as tense situations have become turbulent and even violent, in some cases, when a passenger refuses to make the mask.
Airlines for America, which represents the largest airlines in the United States, has said on several occasions 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 Carrier Association, whose members include Spirit Airlines and Allegiant Air, said on Friday that the next rules are “a critical and long-awaited step to ensure the safety of passengers, crew and those working at airports and to eliminate any remaining uncertainty regarding the mask requirements of commercial aviation. ”
The Association of Flight Attendants, a union that urged the Trump administration to take action last spring, called the masks “vitally important” in the cabin “where adequate social detachment is not an option”.
FAA administrator Steve Dickson, appointed to Trump for a five-year term, said he believed passengers should wear face masks, but had not previously required it.
He recently signed an order instructing FAA officials to crack down on passengers who fail to follow the commissioner’s instructions and disrupt the flight, including failure to comply with an airline’s rule of wearing a mask. The agency noted that it could fine passengers up to $ 35,000 for some violations.
The amounts of fines that the FAA may charge for various violations are set out in the agency’s guidelines. The alleged violators can negotiate a lower value.
The most recent version of the guidelines – amended earlier this year – stipulates a fine between $ 10,000 and $ 20,000 for a passenger who “represents (an) imminent threat to the safety of (an) aircraft or the collective safety of other individuals. ”
Nikki Carvajal of CNN contributed to this report.