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Notice of Proposed Rulemaking: Domestic Passenger Manifest Information

OST-97-2198 | May 12, 1997

Comments of Harrah's Atlantic City


Harrah's also submits that each passenger should be permitted to elect against providing any or all of the subject information other than his/her full name. The ANPRM is premised on the view that family and loved ones of the victims of aviation disasters want to know as quickly as possible whether their family member was on board the flight. While that judgment is no doubt accurate in the great majority of cases, there may be individual passengers who would prefer that their next-of-kin not be notified by telephone of the passenger's actual or potential demise -- even if it means notification would be delayed significantly.

Counsel: Boros Garofalo, Aaron Goerlich, 202-822-9070

Comments of KAL 007 Victims

The Department of Transportation should promptly proceed to extend the Memorandum of Understanding concluded between the Department of State and the air carriers on Manifest information and manifest sharing to domestic carriage by air - including also all international carriers allowed to operate on United States air space under the open air policy, or various other alliances or code sharing agreements.

By: Hans Ephraimsdon, Chairman

Comments of North American Airlines


Charter airlines like North American Airlines do business with tour operators such as Club Med. Travel agents probably sell 65% of Club Med tickets to a Club Med destination and Club Med the balance direct. As a result, travel agents will refuse to reveal information about their clients to Club Med for fear Club Med will try to sell vacations to their clients direct the next time and cut out the travel agents in order to save commission costs.

By: North American, Dan McKinnon

Comments of the Regional Airline Association


The Regional Airline Association does not support the measures contained in this ANPRM. We understand and appreciate the tragic events which have generated the proposal and we share the concerns expressed by individuals and groups who have lost family and friends in commercial aviation accidents. This advance notice acknowledges that the measures contained in the proposal would generate increased costs for air carriers but the proposal does not contain justification for the increased costs. Travel on domestic airlines is the safest mode of transportation in the United States. The very small number of aviation accidents with serious injuries or fatalities does not warrant imposing such an immense economic burden on the airline industry.

By: Walter Coleman, President

Comments of Sun Country Airlines

Sun Country Airlines, Inc. (hereafter `'SCA',) supports the Advanced Notice of Proposed Rulemaking, Docket No. OST-97-2198, which would require additional manifest information (i.e., passenger full name, date of birth or social security number, contact name and contact telephone number) be obtained in order to expedite the notification process in the event of an accident.

Counsel: Sun Country, Karen Erazo, 612-681-3900

Comments of Worldspan


WORLDSPAN is sympathetic to the objectives of the proposed rulemaking and the concerns which led Congress to enact the Aviation Disaster Family Assistance Act of 1996. To the extent it would be useful to collect passenger manifest information through a CRS, WORLDSPAN is prepared to do its part. However, there are definite limits in both a practical and policy sense to the role a computer reservations system can play in assuring that passenger manifests are as complete and accurate as Congress and the Department may wish.

Counsel: Worldspan and Zuckert Scoutt, Raymond Rasenberger, 202-298-8660

Notice of Proposed Rulemaking: Domestic Passenger Manifest Information

97-4 | OST-97-2198 | May 12, 1997

Comments of the American Civil Liberties Union

For these reasons, the ACLU has strongly opposed, and continues to strongly oppose, the passenger profiling system proposed by the Gore Commission. We believe that it is unlikely to prevent the bombing of airplanes and is likely to invade passenger privacy and result in the discriminatory screening of passengers. Testimony the ACLU submitted at an international conference on aviation safety and security is attached and should be included in the record of this proceeding.

Counsel: Gregory Nojeim, 202-544-1681

Comments of Direct Flight

This proposed rule seems both sensible and absurd. One would assume that air carriers already maintain a listing of passengers on any given flight, but that is not always the case. On the other hand the proposal seems to be just another example of how we encourage and expect our government to protect us from everything. Is it unreasonable to suggest that concerned passengers notify loved ones of their travel plans in the event of an air disasters You mean have people actually take responsibility for dealing with the realities of life? Outrageous!

By: Ted Stanley, President

Comments of the Electronic Privacy Information Center

The collection of this sensitive information is an astonishing overreaction to the stated need to identify the few passengers killed in airline crashes. According to the notice, air travel in the United States is "the safest mode of travel" with few fatalities reported every year. Indeed, there have been only 1,156 passenger fatalities over the past 10 years. This proposed rule anticipates the unnecessary collection of personal information for each of the estimated 400 million domestic flight segments taken each year. The privacy of each of these passengers is threatened by this unwarranted proposal.

By: David Banisar, 202-544-9240

Comments of the National Air Carrier Association

The Department's ANPRM raises extensive and complex questions and one NACA member airline which specializes in passenger charter services has provided the attached list of implementation methods which it would recommend. As noted in that response, domestic check-in times would be doubled, from one hour at present to two hours under the provisions of the ANPRM. Also, that same carrier estimates a resultant increased per passenger cost element of between $0.39 and $0.63.

Attachment - Comments from a Charter Carrier Standpoint

By: Edward Driscoll, President and CEO, 202-833-8200

Notice of Proposed Rulemaking: Domestic Manifest

OST-97-2198 | May 12, 1997

Comments of the American Automobile Association


An informal survey of several AAA travel agency managers confirms the Department's belief that considerable cost may be experienced in trying to comply with such requirements According to their estimates, time spent on making the bookings could increase by at least 20%. They also believe many passengers would object to providing the passenger manifest information because of privacy concerns. In particular, the managers believe collecting passengers' social security numbers would cause serious privacy problems; date of birth and emergency contact are also considered to be potentially problematic to collect.

By: James Kolstad, VP Public and Gov't Relations, 202-942-2050

Comments of Executive Air Fleet

Charter operators know their customers which ensures that contact can be made with relatives should the need arise. The information we have about our customers includes very personal and safety sensitive information. To require an operator to release such information should an accident occur violates the privacy of individuals on board the aircraft.

By: Walter Strohmaier, Director of Flight Operations, 201-288-4400

Comments of Executive Flight

The concepts proposed in Docket No. OST-97-2198 are not necessary to be imposed on the Part 135 Air Taxi industry. On-demand air charter companies should be excluded from this rule since the notification problems experienced by the airlines (TWA-800) have never been identified with post accident notification problems in the Part 135 community.

By: Donald Harter, 509-884-1545

Comments of John Gilmore, San Francisco, CA

Comments of New World Jet Corp

Not only would the additional paperwork, and its inevitable storage, impose an unacceptable burden on small aviation companies, but many companies do not have the necessary tracking equipment, nor the means to purchase what would be required.

By: Robert Marinace, Director of Maintenance, 516-585-1827

Comments of Samuel Weller, Pittsburgh, PA

This proposal to speed notification to families after airline accidents is unnecessary and unreasonably expensive. The proposed collection of information raises serious constitutional concerns and invites fraud. The goals can be better accomplished by travelers giving their families prior notice of travel plans than by government intervention.

Notice of Proposed Rulemaking: Domestic Passenger Manifest


Comments of the Air Line Pilots Association – dated May 12, 1997

By: ALPA, Jerry Wright, 703-889-2270

Comments of Alaska Air Carrier Association

By: Kimberly Ross, Director, 907-277-0071

Comments of the Association of flight Attendants

By: Candace Kolander, Coordinator of Air Safety and Health, 202-328-5400

Comments of Des Moines Flying Service

By: John Lowe, President

Comments of Hill Aircraft & Leasing

By: Guy Hill, President

Comments of Lake Mead Air

By: Art Gallison, 702-293-1848

Comments of the National Air Transportation Association

By: Douglas Carr, 703-845-9000

Notice of Proposed Rulemaking: Passenger Manifest


Comments of Aviation Charter Services - May 12, 1997

By: Michael Pittard, President

Comments of Charter Services - Filed May 19, 1997

By: Robert Marks, 334-633-6090

Comments of Era Aviation

By: Dale Ferguson, Director of Training

Comments of Hampton Air - May 12, 1997

By: Hampton Airways, 812-246-1048

Comments of Sky Trek Aviation

By: Jim Van Heukelem, President

Notice of Proposed Rulemaking: Passenger Manifest


Comments of Spirit Aviation - May 14, 1997

Any requirement to thoroughly document the persons traveling in our aircraft would violate in many cases the main reasons for choosing private transportation vs. public; privacy. Whatever benefit the government hopes to derive from the proposed requirements will be far outweighed by the loss of on-demand aircraft charter services and the additional administrative burden placed on these small businesses.

By: Mark Schmaltz, President, 818-989-4642

Notice of Proposed Rulemaking: Passenger Manifest


Comments of Elliott Aviation

By: Gene Langfeldt

Comments of JA Air Center

By: Bernie Klotz

Comments of Mac Air Corp

By: Jennifer Wuertz

Comments of Phoenix Air

By: Randall Davis

Comments of Richard Sobel (Kennedy School of Government, Harvard University)

Comments of Southwest Safaris

By: Bruce Adams

Notice of Proposed Rulemaking: Domestic Passenger Manifest

OST-97-2198 | May 28, 1997

Motion for Leave to File Out of Time and Comments of Hawaiian Airlines


The primary issue that Hawaiian wishes to address is the impact of this proposed regulatory initiative on Hawaii and on Hawaiian itself. As the Department is aware, Hawaii itself is unlike any other air transportation market in the United Sates with the possible exception of Alaska. With no roads and only long, over water distances between island, residents of Hawaii use air transportation much as other states depend on highways and bridges for cars, trucks and buses. People must be able to quickly and efficiently move between various islands of the State in order to allow commerce and trade to continue to flourish and expand. The economy is also heavily dependent on tourism for its success which means that passengers must be able to move freely, with as little disruption as possible, between Honolulu and the outer islands after or before a long flight from Asia, the U.S. mainland or other locations, or those critical tourists will find alternative leisure destinations where the hardships of travel will not be an important factor.

Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000

Notice of Proposed Rulemaking: Domestic Passenger Manifest


Comments of the American Society of Travel Agents – May 22, 1997

Last November, ASTA submitted a proposal to DOT that we believed would provide the sought after international passenger manifest at a reasonable cost and with minimum public confusion. A copy of those comments is attached for consideration in this proceeding. We believe there are no meaningful differences between the international and domestic situations (other than sheer volume) that would warrant a different approach. This may well be one of those cases where reliance on computers will only make the situation worse, and an old-fashioned, and rather simple, paper form can fully accomodate the true needs of the situation.

By: ASTA, Paul Ruden

Comments of Eagle Aviation

By: Thomas Anzalone, President

Comments of the Social Security Administration

The Office of Programs Benefits Policy has already commented on the proposal (see attached) - and we concur entirely. From a privacy perspective, we in the Office of Disclosure also feel that requiring collection of social security numbers (SSN) as part of passenger manifest lists for domestic flights is unwise.

Notice of Proposed Rulemaking: Domestic Passenger Manifest

Comment Period has been reopened – closes June 20, 1997


Comments of Aspen Aviation – May 20, 1997

By: Kim Bracher, Manager

Notice of Proposed Rulemaking: Domestic Passenger Manifest


Comments of Hill Aircraft & Leasing Corp

By: Joeseph Romino, Director Operations

Advanced Notice of Proposed Rulemaking: Domestic Passenger Manifest Information

Notice 97-4 | OST-97-2198 | June 20, 1997

Comments of the Air Transport Association of America


The ANPRM outlines a very ambitious information-collection requirement that, if adopted, would erode customer service because of the demands it would place on the passenger processing system. That adverse effect would be experienced most directly in reservations, ticketing, and airport check-in. All participants, passengers, travel agents and air carriers thus would bear the costs of such an initiative. Ultimately, however, the greatest detriment would be substantially diminished productivity in the domestic airline system, especially in aircraft utilization rates, which would imperil the efficiencies that have benefited consumers. Equally important, the contemplated rule would force airline customers to part, on a scale that is unprecedented, with sensitive personal information.

Attachment - Survey

Counsel: ATA, James Casey, 202-626-4211

Comments of the State of Hawaii


While the State of Hawaii fully endorses the important goal of the Aviation Disaster Family Assistance Act of 1996, and of the ANPRM to ensure prompt notification to family members in the unfortunate event of an aviation disaster, the State urges the DOT to develop the most cost-effective and least intrusive means of achieving this goal, without creating unnecessary disincentives and hardships for the traveling public or for the airlines.

Counsel: Hawaii and Shaw Pittman, Robert Cohn, 202-663-8060

Comments of Trans World Airlines

HTML | Appendix A

The major issue in this case is whether the ability to provide faster notice to relatives of persons killed or injured in an aircraft accident justifies the burden that would be placed on the entire air transportation system. In order to make this judgment, the Department must develop realistic estimates of the actual cost of the proposal, including the delay costs that would be imposed upon passengers. The Department has estimated that the conversation required to collect the data would consume only 40 seconds, and, to be safe, has also provided an estimate of cost if the conversation took 60 seconds. On the basis of this estimate, it assumed relatively modest regulatory costs of between $108.7 and $217. 5 million. Of these costs, only approximately 20 percent would be borne directly by airlines, with most of the costs being the value of time forgone by passengers while providing information.

Appendix A – Responses to Domestic Passenger Manifest ANPRM | Appendix B – Results of Survey | Appendix C – Newspaper Articles | Appendix D – Estimated Cost Reservations | Appendix E – Estimated Cost Airport

Counsel: TWA and Richard Fahy, 202-457-4764

Advanced Notice of Proposed Rulemaking Concerning Domestic Passenger Manifest Information – Notice 97-4

OST-97-2198 | June 30, 1997

Comments of Southwest Airlines


Southwest agrees with the basic premise of the ANPRM, that the families and friends of victims of aviation disasters should receive timely and accurate information. To that end, Southwest, like most air carriers, has emergency plans and procedures in place to be utilized in the unlikely event of a serious accident. Southwest is committed to prompt identification and notification of victims' families and friends, and its plans for doing so are reviewed and updated on a regular basis.

Southwest believes, however, that the ANPRM would not facilitate the process of notification. The manifest procedure contemplated by the ANPRM is not a practical, effective or efficient means for airlines to obtain accurate passenger information, nor would it significantly reduce notification time. Yet, the ANPRM procedures would.seriously inconvenience airline passengers and impede the productivity of airline operations, at a cost of hundreds of millions of dollars annually to the travailing public. Significantly, the harmful effects of the ANPRM would fall most heavily on the patrons of low-cost, high-productivity airlines such as Southwest.

Counsel: Southwest and Galland Kharasch, Robert Kneisley, 202-342-5200

Advanced Notice of Proposed Rulemaking: Domestic Passenger Manifest

OST-97-2198 | July 1, 1997

Motion for Leave to File and Supplemental Comments of North American Airlines


North American in particular wishes to draw the Department's attention to the issue of single entity charters. These are charters where one entity both arranges and pays for the charter instead of each passenger paying for his or her fare separately as part of a charter package. Many different types of entities typically arrange for such charters, including companies, schools, nonprofit organizations, sports teams and individuals. By chartering an aircraft in this manner, the entity is obtaining an aircraft for use much like it would use a private aircraft. All of the passengers on the flight are present through the auspices of the charterer rather than from having bought separate tickets for the travel. Accordingly, the relationship between the airline and the passengers differs greatly from other charter and scheduled operations.

Counsel: Baker Hostetler, David Kirstein, 202-861-1756

June 26, 2004

Withdrawl of Advance Notice of Proposed Rulemaking; Domestic Passenger Manifest Information - Federal Register Pre-Publication

The Department withdraws the ANPRM published in the Federal Register of March 13, 1997, concerning operational arid cost issues related to U.S. air carriers collecting basic information (e.g., full name, date of birth and/or social security number, emergency contact and telephone number) from passengers traveling on flights within the United States. The Department believes that the difficulties that originally motivated the information‑collection requirements in the ANPRM are now being successfully dealt with by air carriers and others in the notification process. The Department is unaware of continuing notification difficulties on domestic flights.

By: Norman Mineta

July 21, 2004

Advanced Notice of Proposed Rulemaking

By: Dennis Marvich

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