Supporting Regulation

§ 122.75a

19 CFR Ch. I (4–1–07 Edition)

general declaration form if an air cargo
manifest is not required:
Attached Shipper’s Export Declarations
represent a full and complete enumeration
and description of the cargo carried in this
flight except that listed on the cargo manifest.

(2) If an incomplete set of documents
has been filed and is later completed,
the following statement shall accompany the Shipper’s Export Declarations
and any required air cargo manifests:
Attached Shipper’s Export Declarations
represent a full and complete enumeration
and description of the cargo carried on aircraft No. llll, Flight No. llll cleared
direct for llll, on llll except cargo
listed on any cargo manifest required to be
filed for such flight.
Airline
lllllllllllllllllll
Authorized Agent llllllllllllll

§ 122.75a Electronic manifest requirement for passengers onboard commercial aircraft departing from the
United States.
(a) Definitions. The definitions set
forth in § 122.49a(a) also apply for purposes of this section.
(b) Electronic departure manifest—(1)
General requirement. Except as provided
in paragraph (c) of this section, an appropriate official of each commercial
aircraft departing from the United
States to any port or place outside the
United States must transmit to Customs and Border Protection (CBP) an
electronic passenger departure manifest covering any passengers onboard.
The 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.
(2) Place and time for submission. The
appropriate official specified in paragraph (b)(1) of this section must transmit the electronic passenger departure
manifest required under paragraph
(b)(1) of this section to the CBP Data
Center, CBP Headquarters, no later
than 15 minutes prior to departure of
the aircraft from the United States, except that for an air ambulance in service of a medical emergency, the manifest must be transmitted to CBP no
later than 30 minutes after departure.

(3) Information required. The electronic passenger departure 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)(3)(iv), (ix), and (xi) 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) Status on board the aircraft;
(vi) Travel document type (e.g., P =
passport; A = alien registration card);
(vii) Passport number, if a passport is
required;
(viii) Passport country of issuance, if
a passport is required;
(ix) Passport expiration date, if a
passport is required;
(x) Alien registration number, where
applicable;
(xi) Passenger Name Record locator,
if available;
(xii) International Air Transport Association (IATA) departure port code;
(xiii) IATA code of port/place of final
arrival (foreign port code);
(xiv) Airline carrier code;
(xv) Flight number; and
(xvi) Date of aircraft departure.
(c) Exception. The electronic passenger departure manifest specified in
paragraph (b)(1) of this section is not
required for active duty military personnel traveling as passengers on board
a departing 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 purposes, and the passenger is the person to whom the travel
document was issued.
(e) Sharing of manifest information. Information contained in the passenger
manifest required under this section
that is received by CBP electronically

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Bureau of Customs and Border Protection, DHS, Treasury
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 17855, Apr. 7, 2005]

§ 122.75b Electronic manifest requirement for crew members and noncrew members onboard commercial
aircraft departing from the United
States.
(a) Definitions. The definitions set
forth in § 122.49a(a) also apply for purposes of this section, except that the
definitions of ‘‘all-cargo flight,’’ ‘‘carrier,’’ ‘‘crew member,’’ and ‘‘non-crew
member’’ applicable to this section are
found in § 122.49b(a).
(b) Electronic departure manifest—(1)
General requirement. Except as provided
in paragraph (c) of this section, an appropriate official of each commercial
aircraft departing from the United
States to any port or place outside the
United States must transmit to Customs and Border Protection (CBP) an
electronic crew member departure
manifest and, for all-cargo flights only,
an electronic non-crew member departure 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 departure
manifest and a non-crew member departure manifest are required for an
all-cargo flight, they must be combined
in one departure manifest covering
both crew members and non-crew members. Where a passenger departure
manifest under § 122.75a and a crew
member departure 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; change to manifest. (i) Place
and time for submission. The appropriate
official specified in paragraph (b)(1) of
this section must transmit the electronic departure manifest required
under paragraph (b)(1) of this section
to the CBP Data Center, CBP Head-

§ 122.75b

quarters, no later than 60 minutes prior
to departure of the aircraft, except
that for an air ambulance in service of
a medical emergency, the manifest
must be transmitted to CBP no later
than 30 minutes after departure.
(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 denied clearance to
depart.
(iii) Changes to manifest. The appropriate official is obligated to make necessary changes to the crew member or
non-crew member departure 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 denied clearance to depart.
(3) Information required. The electronic crew member and non-crew
member departure 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),
(xii), 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) Place of birth (city, state—if applicable, country);
(iv) Gender (F = female; M = male);
(v) Citizenship;
(vi) Address of permanent residence;
(vii) Status on board the aircraft;
(viii) Pilot certificate number and
country of issuance (if applicable);

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