OST-95-950 / Passenger Manifest / NACA Petition / June 18, 1998

In re:

On behalf of the carriers listed below 1/, NACA respectfully requests the U.S. Department of Transportation to modify the Final Rule in Part (§243.7) to require that tour operators, travel agents as well as air carriers be responsible for soliciting and collecting the full name as well as the name and telephone number of a contact for each U.S. citizen passenger boarded for each flight segment operated to or from the United States.

We believe that the success of the Final Rule will be enhanced if ~11 sellers of air transportation are required by the Rule to participate in the collection of contact information. The ideal time to solicit this information is when a ticket is sold and a reservation is made for a particular flight. Utilizing the first point of contact when a passenger is making flight arrangements provides a more conducive psychological environment than in the often chaotic

1/ American Trans Air, Miami Air International, Omni Air International, Tower Air, World Airways

and confusing environment at an airport prior to boarding. Further, utilizing the first point of contact to solicit and collect the required information reduces check-in time at boarding.

Tour operators normally prepare a manifest for charter air transportation which includes the full name of the individual together with the ticket number and other related information. It would be very easy for that tour operator to obtain the contact name and telephone number at the time of sale and include it on the manifest.

If information is not obtained by the tour operator or travel agent at the time the reservation is made or the ticket is sold, that will leave it to the carrier to try and obtain that information at check-in. Carriers at check-in must try and accomplish that in a minimum period of time, therefore, they will hand a U.S. citizen passenger a boarding card or a separate "3 x 5" card depending upon what system is used by that particular carrier requesting the individual to put his contact name and telephone number on that document. The document will provide that the information is requested pursuant to the U.S. Department of Transportation, Rule on Passenger Manifest Information. Passengers at the time of check-in will be less likely, we believe, to take the time to fill out the proffered card.

The issue of who should collect the information was addressed by the Task Force on Assistance to Families of Aviation Disasters. Recommendation three provides that travel agents and tour operators as well as airlines should be required to obtain the contact information

The Rule itself as issued recognizes the benefits that will be achieved if the name of the contact and telephone number are obtained as it will make it easier to contact the proper individuals in event of an aviation disaster. That benefit will be enhanced many fold if the Department will only use its authority to require the participation in the collection of that information by travel agents and tour operators as well as airlines and not leave it to the airlines to try to direct the travel agent or tour operators to solicit that information. Such a directive will be more easily accepted and followed if it is by the Department of Transportation since the Department does have responsibility over agents and tour operators and does require under the various regulations how these individuals will conduct themselves.

NACA, therefore, petitions the Department to extend the Rule to travel agents and tour operators in the interest of providing greater assurance that the purposes of the regulation will be achieved. Requiring the travel agents, tour operators as well as the air carriers to solicit contact information will improve the possibility of successful implementation of the rule many fold.

Respectfully submitted,

Edward Driscoll

Chief Executive

NATIONAL AIR CARRIER ASSOCIATION