[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: 19CFR122.49b]



[Page 606-608]

 

                        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.  122.49b  Electronic manifest requirement for crew members and 

non-crew members onboard commercial aircraft arriving in, continuing 

within, and overflying the United States.



    (a) Definitions. The definitions set forth below apply for purposes 

of this section. The definitions set forth in Sec.  122.49a(a), other 

than those for the terms set forth below, also apply for purposes of 

this section:

    All-cargo flight. ``All-cargo flight'' means a flight in operation 

for the purpose of transporting cargo which has onboard only ``crew 

members'' and ``non-crew members'' as defined in this paragraph.

    Carrier. In addition to the meaning set forth in Sec.  122.49a(a), 

``carrier'' includes each entity that is an ``aircraft operator'' or 

``foreign air carrier'' with a security program under 49 CFR part 1544, 

1546, or 1550 of the Transportation Security Administration regulations.

    Crew member. ``Crew member'' means a pilot, copilot, flight 

engineer, airline management personnel authorized to travel in the 

cockpit, cabin crew, and relief crew (also known as ``deadheading 

crew''). However, for all other purposes of immigration law and 

documentary evidence required under the Immigration and Nationality Act 

(8 U.S.C. 1101, et seq.), ``crew member'' (or ``crewman'') means a 

person serving onboard an aircraft in good faith in any capacity 

required for the normal operation and service of the flight (8 U.S.C. 

1101(a)(10) and (a)(15)(D), as applicable). 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.

    Flight continuing within the United States. ``Flight continuing 

within the United States'' refers to the domestic leg of a flight 

operated by a foreign air carrier that originates at a foreign port or 

place, arrives at a U.S. port, and then continues to a second U.S. port.

    Flight overflying the United States. ``Flight overflying the United 

States'' refers to a flight departing from a foreign port or place that 

enters the territorial airspace of the U.S. en route to another foreign 

port or place.

    Non-crew member. ``Non-crew member'' means air carrier employees and 

their family members and persons traveling onboard a commercial aircraft 

for the safety of the flight (such as an animal handler when animals are 

onboard). The definition of ``non-crew member'' is limited to all-cargo 

flights. (On a passenger or dual flight (passengers and cargo), air 

carrier employees, their family members, and persons onboard for the 

safety of the flight are considered passengers.)

    Territorial airspace of the United States. ``Territorial airspace of 

the United States'' means the airspace over the United States, its 

territories, and possessions, and the airspace over the territorial 

waters between the United States coast and 12 nautical miles from the 

coast.

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

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

each commercial aircraft operating a flight arriving in or overflying 

the United States, from a foreign port or place, or continuing



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within the United States after arriving at a U.S. port from a foreign 

port or place, must transmit to Customs and Border Protection (CBP) an 

electronic crew member manifest and, for all-cargo flights only, an 

electronic non-crew member manifest covering any crew members and non-

crew members onboard. Each manifest must be transmitted to CBP 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. Where 

both a crew member manifest and a non-crew member manifest are required 

with respect to an all-cargo flight, they must be combined in one 

manifest covering both crew members and non-crew members. Where a 

passenger arrival manifest under Sec.  122.49a and a crew member arrival 

manifest under this section are required, they must be transmitted 

separately if the transmission is in US EDIFACT format.

    (2) Place and time for submission; certification; changes to 

manifest. (i) Place and time for submission. The appropriate official 

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

electronic manifest required under paragraph (b)(1) of this section to 

the CBP Data Center, CBP Headquarters:

    (A) With respect to aircraft arriving in and overflying the United 

States, no later than 60 minutes prior to departure of the aircraft from 

the foreign port or place of departure, and with respect to aircraft 

continuing within the United States, no later than 60 minutes prior to 

departure from the U.S. port of arrival;

    (B) For a flight not originally destined to arrive in 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 noncompliance, CBP will take into 

consideration that the carrier was not equipped to make the transmission 

and the circumstances of the emergency situation; and

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

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

    (ii) Certification. Except as provided in paragraph (c) of this 

section, the appropriate official, by transmitting the manifest as 

required under paragraph (b)(1) of this section, certifies that the 

flight's crew members and non-crew members are included, respectively, 

on the master crew member list or master non-crew member list previously 

submitted to CBP in accordance with Sec.  122.49c. If a crew member or 

non-crew member on the manifest is not also included on the appropriate 

master list, the flight may be, as appropriate, denied clearance to 

depart, diverted from arriving in the United States, or denied clearance 

to enter the territorial airspace of the United States.

    (iii) Changes to manifest. The appropriate official is obligated to 

make necessary changes to the crew member or non-crew member manifest 

after transmission of the manifest to CBP. Necessary changes include 

adding a name, with other required information, to the manifest or 

amending previously submitted information. If changes are submitted less 

than 60 minutes before scheduled flight departure, the air carrier must 

receive approval from TSA before allowing the flight to depart or the 

flight may be, as appropriate, denied clearance to depart, diverted from 

arriving in the United States, or denied clearance to enter the 

territorial airspace of the United States.

    (3) Information required. The electronic crew member and non-crew 

member manifests required under paragraph (b)(1) of this section must 

contain the following information for all crew members and non-crew 

members, except that the information specified in paragraphs (b)(iii), 

(v), (vi), (vii), (xiii), (xv), and (xvi) 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) Place of birth (city, state--if applicable, country);

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

    (v) Citizenship;

    (vi) Country of residence;

    (vii) Address of permanent residence;

    (viii) Status on board the aircraft;

    (ix) Pilot certificate number and country of issuance (if 

applicable);



[[Page 608]]



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

card);

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

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

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

    (xiv) Alien registration number, where applicable;

    (xv) Passenger Name Record locator, if available;

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

port/place where transportation to the United States began or where the 

transportation destined to the territorial airspace of the United States 

began (foreign port code);

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

    (xviii) IATA code of final foreign port/place of destination for 

(foreign port code);

    (xix) Airline carrier code;

    (xx) Flight number; and

    (xxi) Date of aircraft arrival.

    (c) Exceptions. The electronic crew member or non-crew member 

manifest requirement specified in paragraph (b)(1) of this section is 

subject to the following conditions:

    (1) Federal Aviation Administration (FAA) Aviation Safety Inspectors 

with valid credentials and authorization are not subject to the 

requirement, but the manifest requirement of Sec.  122.49a applies to 

these inspectors on flights arriving in the United States, as they are 

considered passengers on arriving flights;

    (2) For crew members traveling onboard an aircraft chartered by the 

U.S. Department of Defense that is arriving in the United States, the 

provisions of this section apply regarding electronic transmission of 

the manifest, except that:

    (i) The manifest certification provision of paragraph (b)(2)(ii) of 

this section is inapplicable; and

    (ii) The TSA manifest change approval requirement of paragraph 

(b)(2)(iii) of this section is inapplicable;

    (3) For crew members traveling onboard an aircraft chartered by the 

U.S. Department of Defense that is continuing a flight within the United 

States or overflying the United States, the manifest is not required;

    (4) For non-crew members traveling onboard an all-cargo flight 

chartered by the U.S. Department of Defense that is arriving in the 

United States, the manifest is not required, but the manifest 

requirement of Sec.  122.49a applies to these persons, as, in this 

instance, they are considered passengers on arriving flights; and

    (5) For non-crew members traveling onboard an all-cargo flight 

chartered by the U.S. Department of Defense that is continuing a flight 

within the United States or overflying the United States, the manifest 

is not required.

    (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 crew member or non-crew member 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 crew member 

or non-crew member is the person to whom the travel document was issued.

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

crew member and non-crew member 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.

    (f) Superseding amendments issued by TSA. One or more of the 

requirements of this section may be superseded by specific provisions 

of, amendments to, or alternative procedures authorized by TSA for 

compliance with an aviation security program, emergency amendment, or 

security directive issued by the TSA to an air carrier subject to 49 CFR 

part 1544, 1546, or 1550. The provisions or amendments will have 

superseding effect only for the air carrier to which issued and only for 

the period of time specified in the provision or amendment.



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



[[Page 609]]