[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR122.49b]

[Page 555-557]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 122--AIR COMMERCE REGULATIONS--Table of Contents
 
              Subpart E--Aircraft Entry and Entry Documents
 
Sec. 122.49b  Passenger Name Record (PNR) information.

    (a) General requirement. Each air carrier, foreign and domestic, 
operating a passenger flight in foreign air transportation to or from 
the United States, including flights to the United States where the 
passengers have already been pre-inspected or pre-cleared at the foreign 
location for admission to the U.S., must, upon request, provide Customs

[[Page 556]]

with electronic access to certain Passenger Name Record (PNR) 
information, as defined and described in paragraph (b) of this section. 
In order to readily provide Customs with such access to requested PNR 
information, each air carrier must ensure that its electronic 
reservation/departure control systems correctly interface with the U.S. 
Customs Data Center, Customs Headquarters, as prescribed in paragraph 
(c)(1) of this section.
    (b) PNR information defined; PNR information that Customs may 
request--(1) PNR information defined. Passenger Name Record (PNR) 
information refers to reservation information contained in an air 
carrier's electronic reservation system and/or departure control system 
that sets forth the identity and travel plans of each passenger or group 
of passengers included under the same reservation record with respect to 
any flight covered by paragraph (a) of this section.
    (2) PNR data that Customs may request. The air carrier, upon 
request, must provide Customs with electronic access to any and all PNR 
data elements relating to the identity and travel plans of a passenger 
concerning any flight under paragraph (a) of this section, to the extent 
that the carrier in fact possesses the requested data elements in its 
reservation system and/or departure control system. There is no 
requirement that the carrier collect any PNR information under this 
paragraph, that the carrier does not otherwise collect on its own and 
maintain in its electronic reservation/departure control systems.
    (c) Required carrier system interface with Customs Data Center to 
facilitate Customs retrieval of requested PNR data. (1) Carrier 
requirements for interface with Customs. Within the time specified in 
paragraph (c)(2) of this section, each air carrier must fully and 
effectively interface its electronic reservation/departure control 
systems with the U.S. Customs Data Center, Customs Headquarters, in 
order to facilitate Customs ability to retrieve needed Passenger Name 
Record data from these electronic systems. To effect this interface 
between the air carrier's electronic reservation/departure control 
systems and the Customs Data Center, the carrier must:
    (i) Provide Customs with an electronic connection to its reservation 
system and/or departure control system. (This connection can be provided 
directly to the Customs Data Center, Customs Headquarters, or through a 
third party vendor that has such a connection to Customs.);
    (ii) Provide Customs with the necessary airline reservation/
departure control systems' commands that will enable Customs to:
    (A) Connect to the carrier's reservation/departure control systems;
    (B) Obtain the carrier's schedules of flights;
    (C) Obtain the carrier's passenger flight lists; and
    (D) Obtain data for all passengers listed for a specific flight; and
    (iii) Provide technical assistance to Customs as required for the 
continued full and effective interface of the carrier's electronic 
reservation/departure control systems with the Customs Data Center, in 
order to ensure the proper response from the carrier's systems to 
requests for data that are made by Customs.
    (2) Time within which carrier must interface with Customs Data 
Center to facilitate Customs access to requested PNR data. Any air 
carrier which has not taken steps to fully and effectively interface its 
electronic reservation/departure control systems with the Customs Data 
Center must do so, as prescribed in paragraphs (c)(1)(i)-(c)(1)(iii) of 
this section, within 30 days from the date that Customs contacts the 
carrier and requests that the carrier effect such an interface. After 
being contacted by Customs, if an air carrier determines it needs more 
than 30 days to properly interface its automated database with the 
Customs Data Center, it may apply in writing to the Assistant 
Commissioner, Office of Field Operations (OFO) for an extension. 
Following receipt of the application, the Assistant Commissioner, OFO, 
may, in writing, allow the carrier an extension of this period for good 
cause shown. The Assistant Commissioner's decision as to whether and/or 
to what extent to grant such an extension is within the

[[Page 557]]

sole discretion of the Assistant Commissioner and is final.
    (d) Sharing of PNR information with other Federal agencies. 
Passenger Name Record information as described in paragraph (b)(2) of 
this section that is made available to Customs electronically may, upon 
request, be shared with other Federal agencies for the purpose of 
protecting national security (49 U.S.C. 44909(c)(5)). Customs may also 
share such data as otherwise authorized by law.

[T.D. 02-33, 67 FR 42712, June 25, 2002]