NTSB FINALIZES REVISED GUIDANCE FOR PASSENGER LIST/MANIFEST DISTRIBUTION & CONTROL
September 20, 2024
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On August 1, 2024, the National Transportation Safety Board (“NTSB”) issued its revised Guidance for Passenger List/Manifest Distribution and Control. The revisions come as a result of the May 2024 FAA Reauthorization Act of 2024 which made changes to family assistance legislation for carriers and the emergency response community related to the distribution of the passenger list/manifest following an accident involving an air carrier or foreign air carrier.
The NTSB makes the following changes to previously released guidance in order to conform with the FAA Reauthorization Act of 2024:
- When the NTSB receives a passenger list from a carrier involved in an accident, the NTSB may now share that information with a “local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.” However, these collaborating agencies may not release this information without the express permission of NTSB. These agencies may release this information if it was lawfully obtained by other means.
- The American Red Cross may not release information on a passenger list unless it is providing it to the family of a passenger and only in circumstances that it coordinates with the NTSB and carrier.
- Clarifies how Local, Tribal, State, or Federal agency with direct victim accounting responsibility should submit requests for passenger list information to the NTSB Transportation Disaster Assistance Division.
- Clarifies that only Local, Tribal, State, or Federal agency with direct victim accounting responsibility should submit requests for passenger list information.
- Carriers are already free to independently share passenger list information with response agencies when requested, but revised guidance clarifies that carriers should notify NTSB when they deny such requests.
The complete guidance will be available at the following link: https://www.ntsb.gov/tda/Pages/tda-library.aspx
If you have any questions about the guidance or your obligations in the event of an accident, please let us know.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, Andrew Orr at 202-659-6625 or aorr@eckertseamans.com, or Samanta Walter at 412.566.1920 or swalter@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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