The Center for Disease Control ("CDC") is expected to post the first round of comments in response to its Notice of Proposed Rule Making
("NPRM") relating to the Control of Communicable Diseases on Tuesday,
December 6, 2005. "The intent of the proposed updates to 42 CFR Parts
70 and 71 is to clarify and strengthen existing procedures to enable
CDC to respond more effectively to current and potential communicable
disease threats." (see here).
The changes to 42 C.F.R. Parts
70 and 71, based largely on the authority granted to the Director of
the CDC in 42 U.S.C. §§ 264-271 (§§ 361-368 of the Public Health
Service Act), affect the passenger information that airlines will be
expected to maintain and provide to the CDC within 12 hours of a
request. In particular, as illustrated in this table, airlines will be expected to collect
significant amounts of information that they are not currently required
to collect (even under the Department of Homeland Security's Advanced
Passenger Information System).
Airlines will be required to collect this information from each
crewmember and passenger, or head of households if the passenger is
under the age of 12. Airlines must maintain this information for at
least 60 days, and provide it to the CDC within 12 hours of a CDC
request. The CDC also reserves the right to request "additional
information in the airline's possession that may be necessary to
prevent the introduction, transmission, or spread of communicable
diseases." Id. at 12. Airlines will not be required to verify the
accuracy of the information provided. Based on public opinion surveys,
the CDC believes that most passengers will voluntarily provide this
information. "[P]assengers who decline to provide contact information
will not be prohibited from traveling." It is not clear whether
"contact information" refers to the entire set of data proposed under
the NPRM, or only to the current home address, phone number, and e-mail.
12:15:55 PM PermaLink /
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