A4A Comments_CDC Proposed Data Collection

February 21, 2020
Jeffrey M. Zirger
Lead, Information Collection Review Office
Centers for Disease Control and Prevention
1600 Clifton Road NE, MS-D74
Atlanta, GA 30329
Comments of Airlines for America
to CDC’s Proposed Data Collection Submitted for
Public Comment and Recommendations
(CDC-2019-0092 & CDC-2020-0013)
Airlines for America (“A4A”), on behalf its Members, 1 submits the following
comments in response to the Centers for Disease Control and Prevention’s (“CDC”)
Proposed Data Collection Submitted for Public Comment and Recommendations
regarding Airline Vessel and Traveler Information Collection under 42 C.F.R. part 71
(“Data Collection Review”). We strongly urge the CDC to withdraw the Data Collection
Analysis and perform a full Paperwork Reduction Act (“PRA”) analysis with
consideration of the larger collection and disclosure of information under the COVID-19
related Interim Final Rule (“IFR”) which modifies 42 C.F.R. § 71.4 (“Section 71.4”).
First, the Data Collection Review was released on December 23, 2019. At that
time, CDC had not revised its regulations through the IFR. The collection and reporting
of information at issue was limited “to the extent that such data are already available
and maintained by the airline.” 2 Moreover, the Data Collection Review analyzes
airlines’ post-flight passenger manifest collection and disclosure. On this basis, the
CDC estimated that for each traveler manifest, airlines require approximately six hours
to review the order, search their records, and send those records to CDC. This
estimate does not reflect the constantly changing expectations and requirements of
airlines.
A4A’s members are Alaska Airlines, Inc.; American Airlines Group, Inc.; Atlas Air, Inc.; Delta Air Lines, Inc,;
Federal Express Corp.; Hawaiian Airlines; JetBlue Airways Corp.; Southwest Airlines Co.; United Airlines
Holdings, Inc.; and United Parcel Service Co. Air Canada is an associate member.

1

See CDC, Control of Communicable Diseases, 82 Fed. Reg. 6,890 (Jan. 19, 2017); see also, id. at 6,968 (“Only that if
the airlines or maritime operators have the data elements listed in 71.4 and 71.5 in their possession, they must be
provided to CDC within 24 hours.”).

2

1275 Pennsylvania Ave, NW, Suite 1300, Washington, DC 20004 T: 202.626.4000 E: [email protected] W: airlines.org

Comments of Airlines for America
February 21, 2020
Page 2

However, under the IFR, airlines are required to collect and disclose passenger
contact information without regard to whether such data is already available and
maintained by an airline. As demonstrated by CDC’s recent order, CDC requires
airlines to collect, outside of their regular business processes, passenger contact
information. In sum, the Data Collection Review is stale and does not reflect the actual
burdens imposed upon airlines to meet the new IFR requirements.
Second, the PRA analysis for the IFR is fundamentally flawed. In the IFR, the
CDC states that OMB “has determined there is no new information collection requiring a
submission of a new information collection request under the Paperwork Reduction
Act.” As discussed above, this conclusion is incorrect. Airlines must now collect
information that is not already available and maintained by the airline, and must now
proactively collect data that is not already captured under its existing business
procedures. Moreover, certain airlines that offer charter services capture less
information than scheduled passenger airlines in the ordinary course of business. If
applied on the broad scope of the IFR—which includes any airline passenger
(international or domestic), related to any communicable disease (COVID-19 or
seasonal flu), and without a Director-determination of risk of exposure—the potential
collection of information is enormous and beyond the existing capabilities of airlines.
We appreciate the opportunity to submit these comments and thank you for your
consideration. If you have any questions, please contact Graham Keithley, Assistant
General Counsel, at [email protected].
Respectfully submitted,
__________________________
Graham Keithley
Assistant General Counsel
AIRLINES FOR AMERICA