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Statement of Need: During the immediate aftermath of the tragic bombing of Pan American Flight over Lockerbie, Scotland in 1988, the Department of State experienced difficulties in securing complete and accurate passenger manifest information and in notifying the families of victims. The Department of State did not receive the information for "more than seven hours after the tragedy" and then, in accordance with current airline practice, it included only the passenger's surnames and first initials which was insufficient information to permit notification of the victims' families in a timely manner. There were continuing problems after subsequent crashes on international flights from the U.S. that took place near Cali, Columbia, in December 1995, and off Long Island, New York, in July 1996.

Summary of the Legal Basis: This proposal is being issued in order to implement the requirements of 49 USC 44909. In 1990, Congress mandated that the Secretary of Transportation require all U.S. air carriers to provide a passenger manifest for any flight to an appropriate representatives of the U.S. Department of State (1) not later than 1 hour after any such carrier is notified of an aviation disaster outside the United States which involves such flight; or (2) if it is not technologically feasible or reasonable to fulfill the requirement of this subsection within 1 hour, then as expeditiously as possible, but no later than 3 hours after such notification. ^PIn addition, the statute requires that the passenger manifest information include the full name of each passenger, the passport number of each passenger, if a passport is required for travel, and the name and telephone number of an emergency contact for each passenger. The statute further notes that the Secretary of Transportation shall consider the necessity and feasibility of requiring U.S. carriers to collect passenger manifest information as a condition for passenger boarding of any flight subject to the passenger manifest requirements. Finally, the statute provides that the Secretary of Transportation shall consider a requirement for foreign air carriers comparable to that imposed on U.S. air carriers.

Alternatives: The Department is proposing to waive compliance with certain requirements if an air carrier has in effect a signed Memorandum of Understanding with the Department of State concerning cooperation and mutual assistance following aviation disasters abroad. ^PThe Department proposes to allow air carriers to develop their own passenger manifest data collection systems. Air carriers would be free to adopt any system that minimizes the burden on them, so long as the system is capable of meeting the requirements set out in the statute. In an attempt to not disproportionately burden smaller air carriers, DOT is considering, in addition, a longer phase-in period for these air carriers.

Anticipated Costs and Benefits: The Department estimates that the rule would cost between $27.6 and $44.8 million per year plus a one-time start-up cost of $30.5 million. The direct benefits would include prompt and accurate notification to families of victims of aviation disasters that occur on flights to and from the United States and a general increase in the response capability of the Department of State regarding its duties to U.S. citizens and to foreign governments following an aviation disaster.

Risks: This action addresses the need for prompt and accurate notification of families of victims of aviation disasters on international flights to or from the U.S. We expect the action to significantly reduce, if not eliminate, many of the notification problems that the air carriers and the Department of State have encountered in previous aviation disasters.