Complaining that air travel already has “more warnings than a pack of cigarettes,” ASTA has petitioned the Transportation Department (DOT) to rescind and rewrite a regulation that would prevent travel agents from issuing airline tickets unless they explain federal rules on hazardous materials in baggage and obtain a response that the client understands the rule.
According to ASTA, the plan addresses a problem that “has not been shown to exist” and was drafted without consideration of its impact on travel agents and others in travel distribution, who would incur compliance costs of $58 million or more.
The regulation was adopted in 2011 by two units of the DOT, the FAA and the Pipeline Hazardous Materials Safety Administration.
In ASTA’s words, it “went unnoticed by U.S. airlines and distribution community” because of deficiencies in the way it was adopted.
Although at one point the government said the rule would “only clarify existing regulatory requirements” and would not affect small businesses, ASTA said this was not the case because the rule imposes costly new requirements.
Under the rule, airline systems are required to inhibit ticketing and check-in until the reservation record indicates that the airline or agent has received the passenger’s acknowledgement of a hazardous materials notice.
The notice must explain that certain substances are banned from airline baggage, “including explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio-pharmaceuticals.”
ASTA said “no analysis has been presented to the industry to make the case” that such materials are finding their way into baggage, or that the proposed notice would have any impact.
ASTA had petitioned the DOT in 2012 to delay and clarify the rule but is now saying it should be rescinded and replaced with a more manageable approach.
ASTA’s preferred alternative is modeled on the DOT requirement that agents and airlines provide notice on all e-ticket confirmations of the baggage allowances and fees that apply to that itinerary.
ASTA said the e-ticket confirmation is the appropriate place for the hazardous materials warning, as well.
Also, “since the traveler will have to check in either online or at the airport before going through security, this is the optimum occasion to get confirmation that the traveler received and understood the notice.”