Supporting Regulation

Bureau of Customs and Border Protection, DHS, Treasury
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
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.

yshivers on PROD1PC62 with CFR

[CBP Dec. 05–12, 70 FR 17852, Apr. 7, 2005, as
amended by CBP Dec. 07–64, 72 FR 48342, Aug.
23, 2007]

§ 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

§ 122.49b

§ 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.

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yshivers on PROD1PC62 with CFR

§ 122.49b

19 CFR Ch. I (4–1–08 Edition)

(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
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 allcargo flights only, an electronic noncrew 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 allcargo flight, they must be combined in
one manifest covering both crew members and non-crew members. Where a
passenger
arrival
manifest
under
§ 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
§ 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

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yshivers on PROD1PC62 with CFR

Bureau of Customs and Border Protection, DHS, Treasury
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);
(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 § 122.49a applies to these inspectors on flights ar-

§ 122.49b

riving 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 § 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

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§ 122.49c

19 CFR Ch. I (4–1–08 Edition)

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.

yshivers on PROD1PC62 with CFR

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

§ 122.49c Master crew member list and
master non-crew member list requirement for commercial aircraft
arriving in, departing from, continuing within, and overflying the
United States.
(a) General requirement. Air carriers
subject to the provisions of § 122.49b
and § 122.75b, with respect to the flights
covered in those sections, must electronically transmit to Customs and
Border Protection (CBP), by means of
an electronic data interchange system
approved by CBP, a master crew member list and a master non-crew member
list containing the information set
forth in paragraph (c) of this section
covering, respectively, all crew members and non-crew members operating
and servicing its flights. The initial
transmission of a list must be made at
least two days in advance of any flight
a crew member or non-crew member on
the list will be operating, serving on,
or traveling on and must contain the
information set forth in paragraph (c)
of this section. After review of the
master crew list and the master noncrew list by TSA, TSA will advise the
carrier of any crew members or noncrew members that must be removed
from the list. Only those persons on
the TSA-approved master crew and
master non-crew lists will be permitted
to operate, serve on, or travel on
flights covered by this section. Until a
carrier becomes a participant in the
CBP-approved electronic interchange

system, it must submit the required information in a format provided by
TSA.
(b) Changes to master lists. After the
initial transmission of the master crew
member and non-crew member lists to
CBP, the carrier is obligated to update
the lists as necessary. To add a name
to either list, along with the required
information set forth in paragraph (c)
of this section, or to add or change information relative to a name already
submitted, the carrier must transmit
the information to CBP at least 24
hours in advance of any flight the
added or subject crew member or noncrew member will be operating, serving
on, or traveling on. A carrier must submit deletions from the lists as expeditiously as possible.
(c) Master list information. The electronic master crew lists required under
paragraph (a) of this section must contain the following information with respect to each crew member or non-crew
member that operates, serves on, or
travels on a carrier’s flights that are
covered by this section except that the
information specified in paragraphs
(c)(4), (5), (6), (7), and (10) of this section must be included on the manifest
only on or after October 4, 2005:
(1) Full name (last, first, and, if
available, middle);
(2) Gender;
(3) Date of birth;
(4) Place of birth (city, state—if applicable, and country);
(5) Citizenship;
(6) Country of residence;
(7) Address of permanent residence;
(8) Passport number, if passport required;
(9) Passport country of issuance, if
passport required;
(10) Passport expiration date, if passport required;
(11) Pilot certificate number and
country of issuance, if applicable;
(12) Status onboard the aircraft.
(d) Exception. The master crew member and non-crew member list requirements of this section do not apply to
aircraft chartered by the U.S. Department of Defense.
(e) Superseding amendments issued by
TSA. One or more of the requirements
of this section may be superseded by
specific provisions of, amendments to,

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