[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: 19CFR122.49d]



[Page 609-611]

 

                        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.  122.49d  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



[[Page 610]]



pre-inspected or pre-cleared at the foreign location for admission to 

the U.S., must, upon request, provide Customs 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



[[Page 611]]



grant such an extension is within the 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. Redesignated by CBP Dec. 05-12, 

70 FR 17852, Apr. 7, 2005]