14 CFR Part 243 - Passenger Manifest Information

OMB 2105-0534
OMB Form 83-I
Supporting Statement
Appendix F
Page 1 of 3

Office of the Secretary, DOT

§ 243.5

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting part 241, section 25, see the
List of CFR Sections Affected, which appears
in the Finding Aids section of the printed
volume and on GPO Access.

PART 243—PASSENGER MANIFEST
INFORMATION
Sec.
243.1 Purpose.
243.3 Definitions.
243.5 Applicability.
243.7 Information collection requirements.
243.9 Procedures for collecting and maintaining the information.
243.11 Transmission of information after an
aviation disaster.
243.13 Filing requirements.
243.15 Conflicts with foreign laws.
243.17 Enforcement.
AUTHORITY: 49 U.S.C. 40101, 40101nt., 40105,
40113, 40114, 41708, 41709, 41711, 41501, 41702,
41712, 44909, 46301, 46310, 46316; section 203 of
Pub. L. 101–604, 104 Stat. 3066 (22 U.S.C. 5501–
5513), Title VII of Pub. L. 104–264, 110 Stat.
3213 (22 U.S.C. 5501–5513) and Pub. L. 105–148,
111 Stat. 2681 (49 U.S.C. 41313.)
SOURCE: Docket No. OST–95–950, 63 FR 8280,
Feb. 18, 1998, unless otherwise noted.

§ 243.1 Purpose.
The purpose of this part is to ensure
that the U.S. government has prompt
and adequate information in case of an
aviation disaster on covered flight segments.
§ 243.3 Definitions.
Air piracy means any seizure of or exercise of control over an aircraft, by
force or violence or threat of force or
violence, or by any other form of intimidation, and with wrongful intent.
Aviation disaster means:
(1) An occurrence associated with the
operation of an aircraft that takes
place between the time any passengers
have boarded the aircraft with the intention of flight and the time all such
persons have disembarked or have been
removed from the aircraft, and in
which any person suffers death or serious injury, and in which the death or
injury was caused by a crash, fire, collision, sabotage or accident;
(2) A missing aircraft; or
(3) An act of air piracy.
Contact means a person not on the
covered flight or an entity that should
be contacted in case of an aviation dis-

aster. The contact need not have any
particular relationship to a passenger.
Covered airline means:
(1) certificated air carriers, and
(2) foreign air carriers, except those
that hold Department of Transportation authority to conduct operations
in foreign air transportation using only
small aircraft (i.e., aircraft designed to
have a maximum passenger capacity of
not more than 60 seats or a maximum
payload capacity of not more than
18,000 pounds).
Covered flight segment means a passenger-carrying flight segment operating to or from the United States (i.e.,
the flight segment where the last point
of departure or the first point of arrival is in the United States). A covered flight segment does not include a
flight segment in which both the point
of departure and point of arrival are in
the United States.
Full name means the given name,
middle initial or middle name, if any,
and family name or surname as provided by the passenger.
Passenger means every person aboard
a covered flight segment regardless of
whether he or she paid for the transportation, had a reservation, or occupied a seat, except the crew. For the
purposes of this part, passenger includes, but is not limited to, a revenue
and non-revenue passenger, a person
holding a confirmed reservation, a
standby or walkup, a person rerouted
from another flight or airline, an infant held upon a person’s lap and a person occupying a jump seat. Airline personnel who are on board but not working on that particular flight segment
would be considered passengers for the
purpose of this part.
United States means the States comprising the United States of America,
the District of Columbia, and the territories and possessions of the United
States, including the territorial sea
and the overlying airspace.
U.S. citizen means United States nationals as defined in 8 U.S.C. 1101(a)(22).
§ 243.5

Applicability.

This part applies to covered flight
segments operated by covered airlines.
(See § 243.3 of this part)

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OMB 2105-0534
OMB Form 83-I
Supporting Statement
Appendix F
Page 2 of 3

§ 243.7

14 CFR Ch. II (1–1–05 Edition)

§ 243.7 Information collection requirements.
(a) For covered flight segments, each
covered airline shall:
(1) Collect, or cause to be collected,
the full name for each passenger who is
a U.S. citizen. U.S.-citizen passengers
for whom this information is not obtained shall not be boarded;
(2) Solicit, or cause to be solicited, a
name and telephone number of a contact from each passenger who is a U.S.
citizen; and
(3) Maintain a record of the information collected pursuant to this section.
(b) The covered airline operating the
flight segment shall be responsible for
ensuring compliance with paragraph
(a) of this section.
§ 243.9 Procedures for collecting and
maintaining the information.
Covered airlines may use any method
or procedure to collect, store and
transmit the required information,
subject to the following conditions:
(a) Information on individual passengers shall be collected before each
passenger boards the aircraft on a covered flight segment.
(b) The information shall be kept
until all passengers have disembarked
from the covered flight segment.
(c) The contact information collected
pursuant to section 243.7(a)(2) of this
part shall be kept confidential and released only to the U.S. Department of
State, the National Transportation
Safety Board (upon NTSB’s request),
and the U.S. Department of Transportation pursuant to oversight of this
part. This paragraph does not preempt
other governments or governmental
agencies that have an independent,
legal right to obtain this information.
(d) The contact information collected
pursuant to section 243.7(a)(2) of this
part shall only be used by covered airlines for notification of family members or listed contacts following an
aviation disaster. The information
shall not be used for commercial or
marketing purposes.
§ 243.11 Transmission of information
after an aviation disaster.
(a) Each covered airline shall inform
the Managing Director of Overseas Citizen Services, Bureau of Consular Af-

fairs, U.S. Department of State immediately upon learning of an aviation
disaster involving a covered flight segment operated by that carrier. The
Managing Director may be reached 24
hours a day through the Department of
State Operations Center at (202) 647–
1512.
(b) Each covered airline shall transmit a complete and accurate compilation of the information collected pursuant to § 243.7 of this part to the U.S.
Department of State as quickly as possible, but not later than 3 hours, after
the carrier learns of an aviation disaster involving a covered flight segment operated by that carrier.
(c) Upon request, a covered airline
shall transmit a complete and accurate
compilation of the information collected pursuant to § 243.7 of this part to
the Director, Family Support Services,
National Transportation Safety Board.
§ 243.13

Filing requirements.

(a) Each covered airline that operates
one or more covered flight segments
shall file with the U.S. Department of
Transportation a brief statement summarizing how it will collect the passenger manifest information required
by this part and transmit the information to the Department of State following an aviation disaster. This description shall include a contact at the
covered airline, available at any time
the covered airline is operating a covered flight segment, who can be consulted concerning information gathered pursuant to this part.
(b) Each covered airline shall file any
contact change as well as a description
of any significant change in its means
of collecting or transmitting manifest
information on or before the date the
change is made.
(c) All filings under this section
should be submitted to OST Docket 98–
3305, Dockets Facility (SVC–121.30),
U.S. Department of Transportation,
Room PL–401, 400 Seventh Street, SW.,
Washington, DC 20590. The statement
shall be filed by July 1, 1998, or, for
covered airlines beginning operations
after July 1, 1998, prior to the date a
covered airline operates a covered
flight segment.

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OMB 2105-0534
OMB Form 83-I
Supporting Statement
Appendix F
Page 3 of 3

Office of the Secretary, DOT
§ 243.15

§ 248.1

Conflict with foreign laws.

(a) If a covered airline obtains a
waiver in the manner described in this
section, it will not be required to solicit, collect or transmit information
under this part in countries where such
solicitation or collection would violate
applicable foreign law, but only to the
extent it is established by the carrier
that such solicitation or collection
would violate applicable foreign law.
(b) Covered airlines that claim that
such solicitation, collection or transmission would violate applicable foreign law in certain foreign countries
shall file a petition requesting a waiver
in the Docket Facility, on or before October 1, 1998, or on or before beginning
service between that country and
United States. Such petition shall include copies of the pertinent foreign
law, as well as a certified translation,
and shall include opinions of appropriate legal experts setting forth the
basis for the conclusion that collection
would violate such foreign law. Statements from foreign governments on the
application of their laws will also be
accepted.
(c) The U.S. Department of Transportation will notify the covered airline of
the extent to which it has been satisfactorily established that compliance
with all or part of the data collection
requirements of this part would constitute a violation of foreign law.
(d) The U.S. Department of Transportation will maintain an up-to-date listing in OST Docket 98–3305 of countries
where adherence to all or a portion of
this part is not required because of a
conflict with applicable foreign law.
[Doc. No. OST–95–950, 63 FR 8280, Feb. 18,
1998; 63 FR 9413, Feb. 25, 1998]

§ 243.17

Enforcement.

The U.S. Department of Transportation may at any time require a covered airline to produce a passenger
manifest including emergency contacts
and phone numbers for a specified covered flight segment to ascertain the effectiveness of the carrier’s system. In
addition, it may require from any covered airline further information about
collection, storage and transmission
procedures at any time. If the Department finds a covered airline’s system

to be deficient, it will require appropriate modifications, which must be
implemented within the period specified by the Department. In addition, a
covered airline not in compliance with
this part may be subject to enforcement action by the Department.

PART 247—DIRECT AIRPORT-TOAIRPORT MILEAGE RECORDS
AUTHORITY: 49 U.S.C. chapter 401.
SOURCE: Amdt. 247–2, 56 FR 67170, Dec. 30,
1991, unless otherwise noted.

§ 247.1 Official mileage record of the
Department of Transportation.
The direct airport-to-airport mileage
record now maintained, and as hereafter amended or revised from time to
time by the Office of Airline Information of the Bureau of Transportation
Statistics of the Department of Transportation in the regular performance of
its duties, is hereby adopted as the official mileage record of the Department
and the mileages set forth therein shall
be used in all instances where it shall
be necessary to determine direct airport-to-airport mileages pursuant to
the provisions of Titles IV and X of the
Federal Aviation Act of 1958, as amended, or any rule, regulation, or order of
the Department pursuant thereto.
[Amdt. 247–2, 56 FR 67170, Dec. 30, 1991, as
amended at 60 FR 66725, Dec. 26, 1995]

PART 248—SUBMISSION OF AUDIT
REPORTS
Sec.
248.1
248.2
248.4
248.5

Applicability.
Filing of audit reports.
Time for filing reports.
Withholding from public disclosure.

AUTHORITY: 49 U.S.C. 329 and chapters 401,
411, 417.
SOURCE: ER–420, 29 FR 13799, Oct. 7, 1964,
unless otherwise noted.

§ 248.1

Applicability.

The requirements of this part shall
be applicable to all air carriers subject
to the requirements of part 241 of this
subchapter.

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