Supporting Regulaton

§ 122.75b

19 CFR Ch. I (4–1–10 Edition)

(ii) For manifest information transmitted under paragraph (b)(1)(ii)(C) of
this section, no later than the securing
of the aircraft; and
(iii) For an aircraft operating as an
air ambulance in service of a medical
emergency, 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
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, as
amended by CBP Dec. 07–64, 72 FR 48344, Aug.
23, 2007]

§ 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

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U.S. Customs and Border Protection, DHS; Treasury
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 Headquarters, 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);

§ 122.75b

(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);
(ix) Travel document type (e.g., P =
passport; A = alien registration card);
(x) Passport number, if a passport is
required;
(xi) Passport country of issuance, if a
passport is required;
(xii) Passport expiration date, if a
passport is required;
(xiii) Alien registration number,
where applicable;
(xiv) Passenger Name Record locator,
if available;
(xv) International Air Transport Association (IATA) departure port code;
(xvi) IATA code of port/place of final
arrival (foreign port code);
(xvii) Airline carrier code;
(xviii) Flight number; and
(xix) Date of aircraft departure.
(c) Exceptions. The electronic departure 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 § 122.75a applies to these inspectors, as they are
considered passengers on departing
flights;
(2) For crew members traveling onboard departing aircraft chartered by
the U.S. Department of Defense, 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;
and
(3) For non-crew members traveling
onboard a departing all-cargo flight
chartered by the U.S. Department of
Defense, the manifest is not required,
but the manifest requirement of
§ 122.75a applies to these persons, as, in

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§ 122.76

19 CFR Ch. I (4–1–10 Edition)

this instance, they are considered passengers on departing flights.
(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, and the crew member or noncrew 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 under 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.
(f) Master crew member and non-crew
member lists. Air carriers subject to the
requirements of this section must also
comply with the requirements of
§ 122.49c pertaining to the electronic
transmission of a master crew member
list and a master non-crew member list
as applied to flights departing from the
United States.
(g) Superseding amendments issued by
TSA. One or more of the requirements
of this section may be superseded by
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 the provisions of 49 CFR part 1544, 1546, or 1550.
The amendments will have superseding
effect only for the airline to which
issued and only for the period of time
they remain in effect.
[CBP Dec. 05–12, 70 FR 17855, Apr. 7, 2005]

§ 122.76 Shipper’s Export Declarations
and inspection certificates.
(a) Shipper’s Export Declarations—(1)
Other than shipments to Puerto Rico. For
shipments other than to Puerto Rico,
at the time of clearance, the aircraft
commander or agent shall file with the

port director of the departure airport
any Shipper’s Export Declarations required by the Bureau of the Census (see
15 CFR part 30).
(2) Shipments to Puerto Rico. For
flights carrying shipments to Puerto
Rico from the U.S., the aircraft commander or agent shall file any Shipper’s Export Declarations required by
the Bureau of the Census (see 15 CFR
part 30) upon arrival in Puerto Rico
with the port director there.
(b) Inspection certificates. The aircraft
commander or authorized agent shall
deliver a proper export inspection certificate issued by the Veterinary Service, Animal and Plant Inspection Service, Department of Agriculture (9 CFR
part 91), to the Customs officer in
charge at the time of departure of any
aircraft carrying horses, mules, asses,
cattle, sheep, swine, or goats.
[T.D. 93–61, 58 FR 41426, Aug. 4, 1993]

§ 122.77

Clearance certificate.

(a) Aircraft departing from the U.S. One
copy of the air cargo manifest shall be
used as a clearance certificate when
endorsed by the port director to show
that clearance is granted.
(b) Scheduled aircraft. If a scheduled
aircraft clears at an airport which is
not the airport at or nearest the place
of final take-off from the U.S., two copies of the air cargo manifest shall be
filed. One copy shall be used as a clearance certificate when endorsed by the
director of the port where clearance is
obtained, and the second copy shall be
attached to the first for use at subsequent U.S. ports.
§ 122.78 Entry or withdrawal for exportation or for transportation and
exportation.
If a shipment is exported under an
entry or withdrawal for exportation, or
for transportation and exportation, the
air cargo manifest, the air waybill, or
the consignment note attached to the
manifest shall clearly show the following information for each entry or
withdrawal:
(a) Number;
(b) Date; and
(c) Class of entry or withdrawal, as
follows:
(1) Transportation and exportation;

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