[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52155-52156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26252]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 243

[Docket No. OST-95-950]
RIN 2105-AB78


Passenger Manifest Information

AGENCY: Office of the Secretary, DOT.

ACTION: Denial of Petition for Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The National Air Carrier Association (NACA) filed a petition 
for reconsideration of DOT's final rule concerning passenger manifests 
on airline flights to or from the United States. NACA asked that travel 
agents and tour operators be required to collect the full name of each 
U.S. citizen passenger and solicit the name and telephone number of a 
contact. Currently, this is required only of airlines. DOT is denying 
the petition.

FOR FURTHER INFORMATION CONTACT: Joanne Petrie, Office of the General 
Counsel, U.S. Department of Transportation, 400 Seventh St., SW., 
Washington, DC 20905; 202 366-9315.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 1998, the Department of Transportation published a 
final rule (63 FR 8258) requiring certificated air carriers and large 
foreign air carriers authorized to operate large aircraft to collect 
the full name of each U.S. citizen traveling on flight segments to or 
from the United States, and to solicit a contact name and telephone 
number. In the event of an aviation disaster, airlines would be 
required to provide the information to the Department of State and, in 
certain instances, to the National Transportation Safety Board. Each 
carrier would develop its own collection system. The rule was adopted 
pursuant to the Aviation Security Improvement Act of 1990. The rule is 
intended to provide the United States government with prompt and 
adequate information in the event of an aviation disaster on covered 
flights.

Petition for Reconsideration

    On June 18, 1998, the National Air Carrier Association (NACA), on 
behalf of American Trans Air, Miami Air International, Omni Air 
International, Tower Air, and World Airways, filed a Petition for 
Reconsideration. The petition requested that the Department modify the 
provisions regarding information collection requirements (Sec. 243.7) 
in the final rule to require that tour operators and travel agents, in 
addition to air carriers, be required to collect the full name of each 
U.S. citizen and solicit the name and telephone number of a contact for 
each U.S. citizen passenger boarded on covered flight segments.
    NACA argued that the rule would be more successful if all sellers 
of air transportation are required to participate in the collection of 
contact information. NACA contended that the psychological environment 
is more conducive to soliciting the required information at the time 
the ticket is sold and the reservation made than at boarding, which is 
often chaotic and confusing. It stated that utilizing the first point 
of contact to solicit and collect the required information would reduce 
check-in time at boarding. In addition, NACA stated that passengers are 
more likely to provide their full name and contact information at the 
first point of contact rather than at the airport.
    NACA asserted that because tour operators normally prepare 
manifests that include the full name of the traveler, the traveler's 
ticket number, and other pertinent information, it would be very easy 
for a tour operator to obtain the contact name and telephone number at 
the time of sale and include it on the manifest.
    Additionally, NACA noted that the Task Force on Assistance to 
Families of Aviation Disasters recommended that travel agents and tour 
operators, as well as airlines, be required to obtain the contact 
information.

Comments on the Petition.

    The Air Transport Association of America (ATA) supported NACA's 
petition. It stated that NACA's proposal would lead to a more efficient 
system of information collection because the information would be 
collected in advance of check-in. ATA estimated that over 80 percent of 
passengers flying on international flights use travel agents to 
purchase their transportation. ATA said that collecting passenger 
information at check-in was not desirable because it would delay the 
processing of passengers, lead to slower and longer check-in lines, and 
place additional burdens on currently constrained facilities. In 
conclusion, ATA argued that modifying the rule will enhance the public 
interest in general and passenger convenience in particular.
    The American Association for Families of KAL 007 Victims and the 
Families of TWA Flight 800 Association jointly filed comments in 
support of NACA's proposal. In addition, they asked that the tour 
operators and travel agents be required to share this information with 
the air carriers on which their passenger clients are actually 
transported because tour operators and travel agents may be difficult 
to reach in case of an aviation disaster. These organizations stated 
that a substantial number of bookings are made via travel agents and 
tour operators. In the case of charters, the air carrier has no 
relationship with any of the passengers prior to boarding. The groups 
argued that the change would be more cost-effective for all parties 
concerned, and thus, would better fulfill the intent of the rule and 
provide more accurate information and facilitate post-disaster crisis 
management operations.
    The American Society of Travel Agents (ASTA) opposed the petition 
on substantive and procedural grounds. It noted that DOT considered 
this issue at length and would have to begin another rulemaking before 
making the change. It argued that the petition was untimely because it 
was filed four months after publication of the final rule in the 
Federal Register. ASTA stated that efficiency would not be enhanced by 
having travel agents and tour operators collect the information, but 
rather would result in wasted time because some of those from whom 
information was collected would ultimately travel on a different 
flight, or not at all. In other cases, the information will be out-of-
date and will need to be updated. ASTA argued that the only way to 
obtain accurate passenger information is to collect it at the gate. 
ASTA concluded that the regulation properly assigned the responsibility 
to collect the information to the business that is actually providing 
the service.

[[Page 52156]]

    American Express Travel Related Services (American Express) also 
opposed the petition. It stated that, as a result of travelers' 
frequent changes in travel plans, the air carrier is in the best 
position to know what persons are actually on the flight. American 
Express also said that because airlines have cut their commissions to 
travel agents, if the Department of Transportation requires travel 
agents to collect the necessary information, then the result will be an 
increase in the service fees that travel agents charge their customers. 
It noted that travel agents are merely sales agents of the airline 
principals, and that the legal requirement should remain on the 
principal.
    Apple Vacations (Apple), a major national tour operator, also 
opposed the petition. Apple stated that its experience with passenger 
reservations indicated that in order to get accurate and up-to-date 
contact information, it must be collected at check-in. Apple also 
observed that passengers currently are asked to complete contact 
information on the reverse of the boarding card. Apple passengers are 
asked to check in 2 hours before the flight, which in Apple's opinion 
provides ample time to fill in the three lines of information on the 
back of the boarding card. Apple noted that almost 100 percent of its 
passengers book through a travel agent and more than 80 percent of 
these bookings are taken by the travel agent over the phone, with 
inherent mistakes in transmission of the information. It stated that a 
travel agent would not want to imply that air travel is unsafe and is, 
therefore, likely to advise the tour operator that it asked for the 
information, but that the customer declined to provide it.
    Apple further observed that each seat in its inventory might turn 
over four or five times before the reservation is confirmed with a 
deposit and a participant contract. Collection of the information any 
time before confirmation would, therefore, be a waste of time for all 
concerned. In addition, Apple noted that most of its trips are booked 
several months prior to departure so that some of the contact 
information would be outdated. As an operational matter, Apple noted 
that it does not see documents and is, therefore, unable to confirm 
either the correct name or nationality of its clients. In conclusion, 
it argued that the petition would make the collection of data unduly 
complicated, and would decrease both the amount of data collected and 
its reliability. Apple believes that collection of the data by the 
airline or its agent at check-in will be accurate and timely, and will 
not impose any additional or undue burden in either time or manpower.

Reasons for Denial

    After careful review of the petition and all comments, the 
Department of Transportation has decided to deny NACA's request.
    Pursuant to the final rule, the covered airline operating a covered 
flight is ultimately responsible for compliance with this rule and for 
communicating the information to the Department of State or NTSB. Only 
the covered airline operating a covered flight is aware of the 
passengers that ultimately board a covered flight. The Department, 
moreover, finds no evidence in the record to support NACA's claim that 
either the psychological environment is more conducive to soliciting 
the required information at the time the ticket is sold, or that 
passengers are more likely to provide such information at the first 
point of contact. Similarly, the Department finds no evidence in the 
record to support ASTA's claim that the only way to obtain accurate 
passenger information is to collect it at the gate.
    The Department of Transportation believes each airline is in the 
best position to work out the most efficient manner for soliciting and 
collecting the information, and we want to give each of them the 
discretion to do so. For some airlines, this could be to solicit and 
collect the information at the time of first contact. For others, this 
might be at the time of booking. In its best business judgment, an 
airline may or may not choose, as part of its agency contractual 
relationship, to have travel agents and tour operators collect 
information, and to work out an appropriate arrangement to ensure that 
the information is solicited and collected. In the end, it is up to the 
airline to ensure compliance with the final rule. In their joint 
comment, the American Association for Families of KAL 007 Victims and 
the Families of TWA Flight 800 Association contended that the change 
requested by NACA would be more cost-effective for all parties 
concerned. If that is the case, there is a commercial motivation for 
the parties to come to agreement on such a procedure without the need 
for further rulemaking.
    OST's rulemaking procedures are set forth in 49 CFR Part 5. The 
procedures do not include any explicit process for petitions for 
reconsideration. We are, therefore, treating this petition for 
reconsideration as a petition for rulemaking and do not consider it to 
be filed out of time. I am hereby denying the petition under authority 
delegated to me by the Secretary of Transportation in 49 CFR 1.57.

    Issued in Washington, DC, on September 24, 1998.
Nancy E. McFadden,
General Counsel.
[FR Doc. 98-26252 Filed 9-28-98; 12:34 pm]
BILLING CODE 4910-62-P