Supporting Regulation

§ 122.49a

19 CFR Ch. I (4–1–06 Edition)

(3) Evidence. The aircraft commander
or agent shall supply proof of the claim
that:
(i) Shortage merchandise was not imported, or was properly disposed of; or
(ii) That corrective action was taken.
This proof shall be kept in the carrier
file for one year from the date of aircraft entry.
(b) Overages—(1) Reporting. Overages
(merchandise found but not listed on
the manifest or air waybill) shall be reported to the port director by the aircraft commander or agent. The report
shall be made:
(i) On a Customs Form 5931; or
(ii) On a separate copy of the cargo
manifest which is marked ‘‘Post
Entry’’ and lists the overage merchandise and the reason for the overage.
(2) Time to file. Overages shall be reported within 30 days of aircraft entry.
(3) Evidence. Satisfactory proof of the
reasons for the overage shall be kept
on file by the carrier for one year from
the date of the report.
(c) Statement on cargo manifest. If the
air cargo manifest is used to report
shortages or overages, the Shortages
Declaration or Post Entry must include the signed statement of the aircraft commander or agent as follows:
I declare to the best of my knowledge and
belief that the discrepancy described herein
occurred for the reason stated. I also certify
that evidence to support the explanation of
the discrepancy will be retained in the carrier’s files for a period of at least one year
and will be made available to Customs on demand.
Signature llllllllllllllllll
(Aircraft Commander or Agent)

(d) Notice by port director. The port director shall immediately notify the
aircraft commander or agent of any
shortages or overages that were not reported by the aircraft commander or
agent. Notice shall be given by sending
a copy of Customs Form 5931 to the aircraft commander or agent, or in any
other appropriate way. The aircraft
commander or agent shall make a satisfactory reply within 30 days of entry
of the aircraft or receipt of the notice,
whichever is later.
(e) Correction not required. A correction in the manifest or air waybill is
not required if:

(1) The port director is satisfied that
the difference between the quantity of
bulk merchandise listed on the manifest or air waybill, and the quantity
unladen, is the usual difference caused
by absorption or loss of moisture, temperature, faulty weighing at the airport, or other such reason; and
(2) The marks or numbers on merchandise packages are different from
the marks or numbers listed on the
cargo manifest for those packages if
the quantity and description of the
merchandise is given correctly.
(f) Statutes applicable. If an aircraft
arrives in the U.S. from a foreign area
with merchandise and unaccompanied
baggage for which a manifest or air
waybill must be filed, section 584 (concerning manifest violations), Tariff Act
of 1930, as amended (19 U.S.C. 1584, applies.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 98–74, 63 FR 51288, Sept. 25,
1998]

§ 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
§ 122.1(d) and includes aircraft engaged
in passenger flight operations, allcargo 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

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Bureau of Customs and Border Protection, DHS, Treasury
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 § 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 car-

§ 122.49a

rier 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

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§ 122.49b

19 CFR Ch. I (4–1–06 Edition)

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]

§ 122.49b Electronic manifest requirement for crew members and noncrew 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
§ 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 § 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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