Airlines rap DHS proposal on passenger lists

Requirement to submit passenger manifests an hour, rather than 15 minutes, before departure is unreasonable, they say.

American airline companies have joined foreign travel businesses and offshore drillers in opposition to a proposed regulation from the Homeland Security Department's Customs and Border Protection bureau that would mandate earlier passenger list submissions.

The concerns center around CBP's proposal to collect aircraft and boat passenger manifests an hour, rather than 15 minutes, before departure. This would allow more time to check them against terrorist watch lists. But United Airlines suggested that an increase to 30 minutes before departure would be more reasonable.

"United is confident that, given the proper investment, CBP could complete its pre-departure review of passenger manifests in 30 minutes or less," the company said in a 30-page response to the July proposal. The company would save more than $1 billion over a decade if CBP were able to check passenger identities in 30 minutes instead of 60, the comment stated.

The U.S. Chamber of Commerce also attacked the proposed regulation, calling it "simply unworkable for most large airlines," and said it would lead to too many missed connecting flights. The business group joined United in calling for CBP to reduce the lead time required to check passenger manifests to half of what was proposed. Scaling back would cut the number of ensuing missed connections in two, the Chamber projected.

Airlines also asked for a slower implementation of the plan. CBP said in its proposal that it wants the new rules to be implemented 180 days after the final regulation is published. But U.S. Airways called for a year-long wait before the rule takes effect, saying such a delay would benefit both the agency and carriers.

Airlines and the Chamber of Commerce also said CBP's goal of changing the definition of "departure" from "wheels-up" (when the aircraft is airborne) to when an aircraft leaves the gate will create additional complications, and asked CBP to keep the current definition. United said the cost of the change would be "intolerable."

Companies added they would like to see a greater commitment from CBP should it decide to enact the vastly overhauled predeparture rules. United called upon the agency to ensure that it will be fully staffed, with a "sufficient investment in technology" fully compatible with that used by other agencies sharing responsibility for security, and airlines.

Offshore drilling companies and foreign travel companies had already registered objections to CBP's proposed regulation. Drilling companies said requiring passenger lists a full hour before departure could pose a serious safety threat by slowing evacuation in the event of a fast-approaching storm. Foreign travel companies objected to the high price tag associated with the implementation.

The comment period ended Oct. 12. CBP did not respond to requests for comment, and has yet to announce a final rule.