Federal Register/Vol. 63, No. 32/Wednesday, February 18, 1998/Rules and Regulations

8258 Federal Register / Vol. 63, No. 32 / Wednesday, February 18, 1998 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Security and Terrorism, Congress and own data collection system, which the Administration acted swiftly to would be approved by the Department. Office of the Secretary amend Section 410 of the Federal The ANPRM posed a series of questions Aviation Act. P.L. 101±604 (entitled the about privacy concerns, current 14 CFR Part 243 Aviation Security Improvement Act of practices in the industry and potential [Docket No. OST±95±950] 1990, or ``ASIA 90,'' and which was impacts on day-to-day operations. later codified as 49 U.S.C. 44909), Twenty six comments were received RIN 2105±AB78 which was signed by President Bush on in response to the ANPRM. Commenters Passenger Manifest Information November 16, 1990, states: included the Air Transport Association of America (ATA), the National Air AGENCY: Office of the Secretary, DOT. SEC. 410. PASSENGER MANIFEST Carrier Association (NACA), the ACTION: Final rule. (a) REQUIREMENT.ÐNot later than Regional Airline Association (RAA), 120 days after the date of enactment of Alaska Airlines, American Trans Air, SUMMARY: This rule requires that this section, the Secretary of the American Society of Travel Agents certificated air carriers and large foreign Transportation shall require all United (ASTA), the group ``Victims of Pan Am air carriers collect the full name of each States air carriers to provide a passenger Flight 103,'' the Asociacion U.S.-citizen traveling on flight segments manifest for any flight to appropriate Internacional de Transporte Aereo to or from the United States and solicit representatives of the United States Latinoamericano (AITAL), a combined a contact name and telephone number. Department of State: (1) not later than 1 comment filed by four foreign air In case of an aviation disaster, airlines hour after any such carrier is notified of carriers and one association of foreign would be required to provide the an aviation disaster outside the United air carriers (Air Canada, Air Jamaica, information to the Department of State States which involves such flight; or (2) Balair, Condor Flugdienst GmbH, and and, in certain instances, to the National if it is not technologically feasible or the Orient Airlines Association), Transportation Safety Board. Each reasonable to fulfill the requirement of Aerocancun, Air-India, British Airways, carrier would develop its own collection this subsection within 1 hour, then as Japan Airlines, Lineas Aereas system. The rule is adopted pursuant to expeditiously as possible, but not later Paraguayas, Nigeria Airways, Royal Air the Aviation Security Improvement Act than 3 hours after such notification. Maroc, Swissair, the Embassy of of 1990. (b) CONTENTS.ÐFor the purposes of Switzerland, the Embassy of the DATES: This rule is effective March 20, this section, a passenger manifest Philippines, the United States 1998. Compliance with this rule is not should include the following Department of State (Assistant Secretary required until October 1, 1998, except information: for Consular Affairs), the U.S. with respect to the plans in § 243.13, (1) The full name of each passenger. Department of the Treasury (U.S. which must be filed by July 1, 1998. (2) The passport number of each Customs Service), the Commissioner of FOR FURTHER INFORMATION CONTACT: passenger, if required for travel. Customs, the United States Government Dennis Marvich, Office of International (3) The name and telephone number Interagency Border Inspection System Transportation and Trade, DOT, (202) of a contact for each passenger. (IBIS), System One Corporation, and 366±4398; or, for legal questions, Joanne In implementing the requirement two individuals, Ms. Edwina M. Petrie, Office of the General Counsel, pursuant to the amendment made by Caldwell and Ms. Kathleen R. Flynn. In DOT, (202) 366±9306. subsection (a) of this section, the addition, the views of Meetings and SUPPLEMENTARY INFORMATION: Secretary of Transportation shall Incentives in Latin America, an Illinois consider the necessity and feasibility of travel and tour company, were included Background requiring United States carriers to in the docket because of a During the immediate aftermath of the collect passenger manifest information communication to a Department official tragic bombing of Pan American Flight as a condition for passenger boarding of after the ANPRM was issued. The 103 over Lockerbie, Scotland on any flight subject to such requirement. comments were summarized in the December 21, 1988, the Department of (c) FOREIGN AIR CARRIERS.ÐThe notice of proposed rulemaking State experienced difficulties in Secretary of Transportation shall published in 61 FR 47692, September securing complete and accurate consider a requirement for foreign air 10, 1996. passenger manifest information and in carriers comparable to that imposed In January 1992, President Bush notifying the families of the Pan pursuant to the amendment made by announced a ``Regulatory Moratorium American 103 victims. The Department subsection (a). and Review'' during which federal agencies were instructed to issue only of State did not receive the information The ANPRM and Subsequent DOT rules that addressed a pressing health or for ``more than seven hours after the Activity Leading to the NPRM tragedy'' (Report of the President's public safety concern. During the course Commission on Aviation Security and In order to implement the statutory of the moratorium, the Department Terrorism, p. 100). When the requirements, the Department of asked for comments on its regulatory Department of State did acquire the Transportation first published an program. Comments that addressed the passenger manifest information from advance notice of proposed rulemaking passenger manifest information Pan American, in accordance with (ANPRM) on January 31, 1991 (56 FR statutory requirement were filed by airline practice, it included only the 3810). The ANPRM requested comments ATA, Northwest Airlines, American passengers' surnames and first initials, on how best to implement the statutory Airlines, Air Canada, and Japan which did not permit the Department of requirements. Among possible Airlines. ATA included the passenger State to carry out their legal approaches, the ANPRM noted that the manifest proposal among ten DOT and responsibility of notifying the family Department might require airlines to FAA regulatory initiatives that, if members in a timely fashion. collect the data at the time of implemented, would be the most reservation and maintain it in computer onerous for the airline industry. ATA Statutory Requirements reservations systems. Alternatively, the (supported by Northwest) recommended In response to the Report of the ANPRM noted that the Department that if additional passenger manifest President's Commission on Aviation might require each airline to develop its information were to be required, it Federal Register / Vol. 63, No. 32 / Wednesday, February 18, 1998 / Rules and Regulations 8259 should be limited to the information State's needs and concerns on this creating a workable system that should that is required by the U.S. Customs matter. The events surrounding this reduce confusion and improve the Service's APIS program. American crash led DOT to reconsider its view efficiency of the efforts of both the Airlines listed the passenger manifest that the passenger manifest airline and the Federal Government rulemaking in its top five (out of over requirements under ASIA 90 were following an airline crash. 100) pending aviation rulemakings that unnecessary. As a result of the working group, the Department of State has entered into should be eliminated/substantially Public Meeting revised. Air Canada said that if air Memoranda of Understanding (MOU) carriers were required to adopt the APIS On March 29, 1996, DOT held a Reflecting Best Practices and Procedures standard advocated by ATA, its costs public meeting on implementing a with 14 U.S. air carriers since November (and those of other foreign air carriers) passenger manifest requirement. The 1996. These carriers are American, would be unnecessarily raised. Japan notice announcing the public meeting Continental, Delta, Northwest, Trans Airlines said that any requirement to (61 FR 10706, March 15, 1996) noted World, United, US Airways, American collect personal data from air passengers that a long period of time had passed Trans Air, Miami Air International, would conflict with the Constitution of since the 1991 advance notice of Southern Air Transport, Tower Air, Japan, would be costly, and, to the proposed rulemaking, and that a public World Airways, North American and extent that it was anticipated that such meeting during which stakeholders Midwest Express. The MOUs provide a data would be shared with the APIS could exchange views and update basis for cooperation and mutual program, should be the subject of prior knowledge on implementing such a assistance in reacting to aviation public discussion. requirement was necessary as a prelude disasters occurring outside the United In the FY 1993 DOT Appropriations to DOT proposing a passenger manifest States with the goal of improving the Act, Congress provided that none of the information requirement. The notice treatment of victims' families. The FY 1993 appropriation could be used for enumerated ten questions concerning MOUs contain provisions relating to a passenger manifest requirement that information availability and current

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