Record of Decision on Mask-Wearing Requirements

February 3, 2021

Pursuant to 36 CFR § 1.5 (a)(2), the National Park Service (NPS) is implementing mask-wearing requirements for park visitors at Fort Sumter & Fort Moultrie National Historical Park to project the health and safety of park employees, volunteers, partners, contractors and park visitors.

Background
On January 20, 2021, the President signed Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing (E.O. 13991). E.O. 13991 directs federal agencies to:

… immediately take action, as appropriate and consistent with applicable law, to require compliance with [Centers for Disease Control and Prevention] guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

As stated in E.O. 13991, it is the policy of the Administration to halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC).

On January 24, 2021, the Office of Management and Budget issued M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles to provide guidance to federal agencies on implementing E.O. 13991. M-21-15 contains model safety principles that apply CDC guidelines related to mask-wearing and physical distancing to the federal workplace and are designed to be used by federal agencies as a starting point for updating their COVID-19 workplace safety plans. The guidance for superintendents in this Memorandum draws upon these principles to help ensure that visitors to the National Park System do not threaten the health and safety of NPS employees, volunteers, partners and contractors, or other park visitors.

On January 29, 2021, the Acting Secretary of the Interior issued a memorandum entitled Protecting Our Workforce by Requiring Mask-Wearing. This memorandum reaffirmed the Administration’s commitment to an urgent, robust, and professional response to the COVID-19 pandemic. The Memorandum requires all onsite employees, contractors, and volunteers to wear a mask or face covering at all times while in Department buildings or on federal public lands when physical distancing of 6 feet or more is not possible.

Decision
To implement Executive Order 13991 and subsequent guidance, persons over the age of two years old visiting Fort Sumter and Fort Moultrie National Historical Park will be required to wear masks in the following areas, except when actively eating or drinking:

  1. All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, historic structures, and gift shops.
  2. The following outdoor areas, when others are present.
  • Entryway areas, including ramps and stairs, outside of Liberty Square Visitor Education Center and Fort Moultrie Visitor Center
  • Queuing area under Liberty Square Visitor Education Center
  • Shade Shelters at Liberty Square
  • Staircases, walkways and casemates inside Fort Sumter, Fort Moultrie, and Battery Jasper
  • Powder magazines and tunnels inside Fort Moultrie and Battery Jasper
  • Docks at Fort Sumter and Fort Moultrie

The superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained in these locations due to each location’s compact footprint and high potential for close visitor contact. Additionally, these areas typically include the close placement of interpretive exhibits and/or signage where visitors gather, the area is primarily utilized as a gathering location for groups of visitors, walks and passageways are narrow with no safe options for avoiding other visitors, and some locations have a single ingress/egress.

Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

Other measures will not suffice due to the nature of this management issue. Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted Under 36 C.F.R. § 1.5(c). Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request.

Superintendent J. Tracy Stakely
signed copy on file

Last updated: February 22, 2024

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