Supporting Regulation

§ 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of this section may be superseded by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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Bureau of Customs and Border Protection, DHS, Treasury
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 the
provisions of 49 CFR part 1544, 1546, or
1550. The amendments will have superseding effect only for the air carrier to
which issued and only for the period of
time specified in the amendment.

yshivers on PROD1PC62 with CFR

[CBP Dec. 05–12, 70 FR 17854, Apr. 7, 2005]

§ 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
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 require-

§ 122.49d

ment 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

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