[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR122.49a]



[Page 604-606]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 122_AIR COMMERCE REGULATIONS--Table of Contents

 

Subpart E_Aircraft Entry and Entry Documents; Electronic Manifest Requirements

for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft 

Arriving In, Continuing Within, and Overflying the United States 

 

Sec.  122.49a  Electronic manifest requirement for passengers onboard 

commercial aircraft arriving in the United States.



    (a) Definitions. The following definitions apply for purposes of 

this section:

    Appropriate official. ``Appropriate official'' means the master or 

commanding officer, or authorized agent, owner, or consignee, of a 

commercial aircraft; this term and the term ``carrier'' are sometimes 

used interchangeably.

    Carrier. See ``Appropriate official.''

    Commercial aircraft. ``Commercial aircraft'' has the meaning 

provided in Sec.  122.1(d) and includes aircraft engaged in passenger 

flight operations, all-cargo flight operations, and dual flight 

operations involving the transport of both cargo and passengers.

    Crew Member. ``Crew member'' means a person serving on board an 

aircraft in good faith in any capacity required for normal operation and 

service of the flight. In addition, the definition of ``crew member'' 

applicable to this section should not be applied in the context of other 

customs laws, to the extent this definition differs from the meaning of 

``crew member'' contemplated in such other customs laws.

    Departure. ``Departure'' means the point at which the wheels are up 

on the



[[Page 605]]



aircraft and the aircraft is en route directly to its destination.

    Emergency. ``Emergency'' means, with respect to an aircraft arriving 

at a U.S. port due to an emergency, an urgent situation due to a 

mechanical, medical, or security problem affecting the flight, or to an 

urgent situation affecting the non-U.S. port of destination that 

necessitates a detour to a U.S. port.

    Passenger. ``Passenger'' means any person, including a Federal 

Aviation Administration (FAA) Aviation Security Inspector with valid 

credentials and authorization, being transported on a commercial 

aircraft who is not a crew member.

    United States. ``United States'' means the continental United 

States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the 

United States.

    (b) Electronic arrival manifest--(1) General requirement. Except as 

provided in paragraph (c) of this section, an appropriate official of 

each commercial aircraft arriving in the United States from any place 

outside the United States must transmit to Customs and Border Protection 

(CBP) an electronic passenger arrival manifest covering any passengers 

on board the aircraft. Each manifest must be transmitted to CPB at the 

place and time specified in paragraph (b)(2) of this section by means of 

an electronic data interchange system approved by CBP and must set forth 

the information specified in paragraph (b)(3) of this section. A 

passenger manifest must be transmitted separately from a crew member 

manifest required under Sec.  122.49b if transmission is in US EDIFACT 

format.

    (2) Place and time for submission. The appropriate official 

specified in paragraph (b)(1) of this section must transmit the 

electronic passenger arrival manifest required under paragraph (b)(1) of 

this section to the CBP Data Center, CBP Headquarters:

    (i) No later than 15 minutes after departure of the aircraft;

    (ii) For flights not originally destined to the United States but 

diverted to a U.S. port due to an emergency, no later than 30 minutes 

prior to arrival; in cases of non-compliance, CBP will take into 

consideration that the carrier was not equipped to make the transmission 

and the circumstances of the emergency situation; and

    (iii) For an aircraft operating as an air ambulance in service of a 

medical emergency, no later than 30 minutes prior to arrival.

    (3) Information required. Except as provided in paragraph (c) of 

this section, the electronic passenger arrival manifest required under 

paragraph (b)(1) of this section must contain the following information 

for all passengers, except that the information specified in paragraphs 

(b)(iv), (v), (x), (xii), (xiii), and (xiv) of this section must be 

included on the manifest only on or after October 4, 2005:

    (i) Full name (last, first, and, if available, middle);

    (ii) Date of birth;

    (iii) Gender (F = female; M = male);

    (iv) Citizenship;

    (v) Country of residence;

    (vi) Status on board the aircraft;

    (vii) Travel document type (e.g., P = passport; A = alien 

registration card);

    (viii) Passport number, if a passport is required;

    (ix) Passport country of issuance, if a passport is required;

    (x) Passport expiration date, if a passport is required;

    (xi) Alien registration number, where applicable;

    (xii) Address while in the United States (number and street, city, 

state, and zip code), except that this information is not required for 

U.S. citizens, lawful permanent residents, or persons who are in transit 

to a location outside the United States;

    (xiii) Passenger Name Record locator, if available;

    (xiv) International Air Transport Association (IATA) code of foreign 

port/place where transportation to the United States began (foreign port 

code);

    (xv) IATA code of port/place of first arrival (arrival port code);

    (xvi) IATA code of final foreign port/place of destination for in-

transit passengers (foreign port code);

    (xvii) Airline carrier code;

    (xviii) Flight number; and

    (xix) Date of aircraft arrival.

    (c) Exception. The electronic passenger arrival manifest specified 

in



[[Page 606]]



paragraph (b)(1) of this section is not required for active duty U.S. 

military personnel being transported as passengers on arriving 

Department of Defense commercial chartered aircraft.

    (d) Carrier responsibility for comparing information collected with 

travel document. The carrier collecting the information described in 

paragraph (b)(3) of this section is responsible for comparing the travel 

document presented by the passenger with the travel document information 

it is transmitting to CBP in accordance with this section in order to 

ensure that the information is correct, the document appears to be valid 

for travel to the United States, and the passenger is the person to whom 

the travel document was issued.

    (e) Sharing of manifest information. Information contained in the 

passenger manifests required by this section that is received by CBP 

electronically may, upon request, be shared with other Federal agencies 

for the purpose of protecting national security. CBP may also share such 

information as otherwise authorized by law.



[CBP Dec. 05-12, 70 FR 17852, Apr. 7, 2005]