[Federal Register Volume 66, Number 250 (Monday, December 31, 2001)]
[Rules and Regulations]
[Pages 67482-67485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32034]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 122 and 178

[T.D. 02--01]
RIN 1515--AC99


Passenger and Crew Manifests Required for Passenger Flights in 
Foreign Air Transportation to the United States

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Interim rule; solicitation of comments.

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SUMMARY: This document amends the Customs Regulations, on an interim 
basis, in order to implement a provision of the Aviation and 
Transportation Security Act which requires that each air carrier, 
foreign and domestic, operating a passenger flight in foreign air 
transportation to the United States electronically transmit to Customs 
in advance of arrival a passenger and crew manifest that contains 
certain specified information. The submission of this information to 
Customs is required for purposes of ensuring aviation safety and 
protecting national security.

DATES: Interim rule is effective December 31, 2001. Comments must be 
received on or before March 1, 2002.

ADDRESSES: Written comments may be addressed to and inspected at the 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service, 1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, DC 
20229.

FOR FURTHER INFORMATION CONTACT: For legal matters: Larry L. Burton, 
Office of Regulations and Rulings, 202-927-1287;
    For operational matters: James Jeffers, Office of Field 
Operations,202-927-4444.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2001, the President signed into law the Aviation 
and Transportation Security Act (Act), Public Law 107-71. Section 115 
of that law amended 49 U.S.C. 44909, to add a new paragraph (c) in 
order to provide that, not later than 60 days after the date of 
enactment of the Act, each air carrier, foreign and domestic, operating 
a passenger flight in foreign air transportation to the United States 
must electronically transmit to Customs a passenger and crew manifest 
containing certain information in advance of arrival. Under this 
statutory provision, the transmission of passenger and crew manifest 
information will be required even for flights where the passengers and 
crew have already been pre-inspected or pre-cleared at the foreign 
location for admission to the United States.
    Specifically, under 49 U.S.C. 44909(c)(2)(A)-(E), for each 
passenger and crew manifest relating to a passenger flight in foreign 
air transportation to the United States, the following information is 
required to be submitted to Customs: The full name of each passenger 
and crew member; the date of birth and citizenship of each passenger 
and crew member; the gender of each passenger and crew member; the 
passport number and country of issuance of the passport of each 
passenger and crew member if a passport is required for travel; and the 
United States visa number or resident alien card number of each 
passenger and crew member, as applicable.
    In addition, under 49 U.S.C. 44909(c)(2)(F), such other information 
concerning passenger and crew manifests may be required to be 
transmitted to Customs, as may be determined to be reasonably necessary 
to ensure aviation safety.
    Moreover, the statute provides that the electronic transmission of 
a passenger and crew manifest required for a covered flight must be 
received by Customs in advance of the aircraft landing in the United 
States in such manner, time and form as Customs may prescribe (49 
U.S.C. 44909(c)(4)).

Passenger Manifest; Crew Manifest

    This document amends the Customs Regulations to implement 49 U.S.C. 
44909(c)(2)(A)-(E) in a new Sec. 122.49a. This section requires air 
carriers, for each flight subject to the statute, to

[[Page 67483]]

transmit to Customs, by means of an electronic data interchange system 
that is approved by Customs, a passenger manifest and, by way of a 
separate transmission using the same system, a crew manifest. (The 
system currently in effect for this purpose is called the Advance 
Passenger Information System (APIS)). Furthermore, the air carrier must 
transmit each manifest so that the crew manifest is received by Customs 
electronically in advance of departure from the last foreign port or 
place, and the passenger manifest is received not later than 15 minutes 
after the departure of the aircraft from the last foreign port or place 
(after the wheels are up on the aircraft and the aircraft is directly 
en route to the United States). To distinguish the two manifests 
transmitted for a given flight, the crew manifest must have the alpha 
character ``C'' included in the transmission to denote that the 
manifest information pertains to the crew members for the flight.

Required Data Elements for the Manifests

    The following data elements comprising the passenger and crew 
manifests for each flight under 49 U.S.C. 44909(c) must be 
electronically transmitted to Customs:
    (1) The International Air Transport Authority (IATA) airline code; 
the flight number (followed by the alpha character ``C'' in the case of 
the message transmitting the crew manifest for the flight); the 
departure location IATA code; the U.S. arrival location(s) IATA 
code(s); the date of flight arrival; and whether each passenger and 
crew member on the flight is destined for the U.S. or in transit 
through the U.S.;
    (2) The full name of each passenger and crew member; the date of 
birth and citizenship of each passenger and crew member; the gender of 
each passenger and crew member; the passport number and country of 
issuance of the passport of each passenger and crew member if required 
for travel; and the United States visa number or resident alien card 
number of each passenger and crew member, as applicable; and
    (3) The foreign airport where each passenger began his air 
transportation to the United States; for each passenger and crew member 
destined for the United States, the airport in the United States where 
the passenger and crew member will process through Customs and 
Immigration formalities; and for each passenger and crew member 
transiting through the United States and not clearing through Customs 
and Immigration formalities, the foreign airport of final destination 
for the passenger and crew member.
    Many of the data elements contained in item ``2'' above describing 
each passenger and crew member on a flight are contained in travel 
documents that air carriers review prior to the boarding of the 
passenger. Air carriers are to transmit the data elements listed in 
item ``2'' above, by transmitting electronically to Customs one, and 
only one, travel document, selected in the following order of 
preference: U.S. Alien Registration Card; U.S. Border Crossing Card; 
U.S. non-immigrant visa; a U.S. Refugee Travel Document or Re-Entry 
Permit; U.S. Passport; or non-U.S. passport.
    Even though Customs recognizes that the travel document information 
being transmitted to Customs by the air carrier may not contain all the 
informational elements required by the statute and set forth in the 
regulations, Customs' timely receipt of the electronic transmission of 
the preferred travel document pertaining to each passenger or crew 
member for a particular flight will at the present time be considered 
as constituting full compliance with the informational requirements of 
49 U.S.C. 44909(c)(2)(A)-(E). Air carriers will be required to transmit 
any informational elements required by the statute and this regulation 
which are not contained in transmitted travel documents by a date that 
will be announced in a future Federal Register document.
    It is further observed that the data elements contained in 
passenger and crew manifests for flights subject to 49 U.S.C. 
44909(c)(1) that are received by Customs electronically may, upon 
request, be shared with other Federal agencies for the purpose of 
protecting national security (49 U.S.C. 44909(c)(5)).
    Lastly, it is noted that the requirement in 49 U.S.C. 44909(c)(3) 
that carriers make passenger name record information available to 
Customs upon request will be the subject of a separate document 
published in the Federal Register.

Comments

    Before adopting this interim regulation as a final rule, 
consideration will be given to any written comments that are timely 
submitted to Customs. Customs specifically requests comments on the 
clarity of this interim rule and how it may be made easier to 
understand. Comments submitted will be available for inspection in 
accordance with the Freedom of Information Act (5 U.S.C. 552), 
Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and 
Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular 
business days between the hours of 9:00 a.m. and 4:30 p.m. at the 
Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue, 
NW., 3rd Floor, Washington, DC.

Administrative Procedure Act, Executive Order 12866 and the 
Regulatory Flexibility Act

    This interim regulation has been determined to be critically 
necessary for purposes of ensuring aviation safety and protecting 
national security. Further, Congress has directed air carriers to 
comply no later than 60 days from enactment of the Aviation and 
Transportation Security Act. For these reasons, Customs finds that good 
cause exists in this case for dispensing with the notice and public 
comment procedures of the Administrative Procedure Act (5 U.S.C. 553) 
as being contrary to the public interest pursuant to 5 U.S.C. 
553(b)(B), and, in this connection, pursuant to 5 U.S.C. 553(d)(3), a 
delayed effective date is not required. Because this document is not 
subject to the requirements of 5 U.S.C. 553, as noted, it is not 
subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Nor does the interim regulation result in a ``significant 
regulatory action'' under E.O. 12866.

Paperwork Reduction Act

    This interim regulation is being issued without prior notice and 
public procedure pursuant to the Administrative Procedure Act (5 U.S.C. 
553). For this reason, the collection of information contained in this 
interim regulation has been reviewed and, pending the receipt and 
evaluation of public comments, approved by the Office of Management and 
Budget (OMB) in accordance with the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507) under control number 1515-0232. 
An agency may not conduct, and a person is not required to respond to, 
a collection of information unless the collection of information 
displays a valid control number assigned by OMB.
    The collection of information required in this document is 
contained in Sec. 122.49a. This information is required in connection 
with passenger flights in foreign air transportation to the United 
States. The likely respondents and/or recordkeepers are business 
organizations, specifically air carriers, including foreign air 
carriers.
    Estimated total annual reporting and/or recordkeeping burden: 2,380 
hours.
    Estimated average annual burden per respondent/recordkeeper: .0028 
hours.

[[Page 67484]]

    Estimated number of respondents and/or recordkeepers: 200.
    Estimated annual frequency of responses: 850,000.
    Comments on the collection of information should be sent to the 
Office of Management and Budget, Attention: Desk Officer of the 
Department of the Treasury, Office of Information and Regulatory 
Affairs, Washington, DC 20503. A copy should also be sent to the 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service, 1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, DC 
20229. Comments should be submitted within the same time frame that 
comments are due regarding the substance of the interim regulation.
    Comments are invited on: (a) Whether the collection is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility; (b) the accuracy 
of the agency's estimate of the burden of the collection of the 
information; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology; and (e) estimates of capital or startup costs and costs of 
operations, maintenance, and purchase of services to provide 
information.
    Part 178, Customs Regulations (19 CFR part 178), containing the 
list of approved information collections, is appropriately revised to 
make provision for this information collection.

List of Subjects

19 CFR Part 122

    Air carriers, Aircraft, Airports, Air transportation, Customs 
duties and inspection, Entry procedure, Reporting and recordkeeping 
requirements, Security measures.

19 CFR Part 178

    Administrative practice and procedure, Collections of information, 
Paperwork requirements, Reporting and recordkeeping requirements.

Amendments to the Regulations

    Parts 122 and 178, Customs Regulations (19 CFR parts 122 and 178), 
are amended as set forth below.

PART 122--AIR COMMERCE REGULATIONS

    1. The authority citation for part 122 continues to read, and a 
specific sectional authority citation is added to read, as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1448, 
1459, 1590, 1594, 1623, 1624, 1644, 1644a.
    Sec. 122.49a also issued under 19 U.S.C. 1431 and 49 U.S.C. 
44909(c).


    2. Subpart E of part 122 is amended by adding Sec. 122.49a to read 
as follows:


Sec. 122.49a  Passenger and crew manifests.

    (a) General requirement. Each air carrier, foreign and domestic, 
operating a passenger flight in foreign air transportation to the 
United States, including flights where the passengers and crew have 
already been pre-inspected or pre-cleared at the foreign location for 
admission to the United States, must transmit to Customs a passenger 
manifest and a crew manifest containing the information set forth in 
paragraph (c) of this section, as required by 49 U.S.C. 44909(c)(1). 
The electronic transmission of manifest information must be effected 
through an electronic data interchange system approved by Customs. This 
information must be transmitted to the U.S. Customs Data Center, 
Customs Headquarters.
    (b) Passenger and crew manifests separately transmitted; advance 
receipt by Customs. For each flight subject to paragraph (a) of this 
section, the air carrier must separately transmit to Customs the 
passenger manifest and the crew manifest. The crew manifest must be 
received in advance of departure from the last foreign port or place. 
The passenger manifest must be received by Customs no later than 15 
minutes after the flight has departed from the last foreign port or 
place (after the wheels are up on the aircraft and the aircraft is en 
route directly to the United States).
    (c) Information required--(1) Airline and flight information. For 
each passenger manifest and crew manifest relating to a flight falling 
within the scope of paragraph (a) of this section, the following 
airline and flight information must be electronically transmitted to 
Customs: the airline IATA (International Air Transport Authority) code; 
the flight number (followed by the alpha character ``C'' in the case of 
the crew manifest for the flight); the departure location IATA code; 
the U.S. arrival location(s) IATA code(s); the date of flight arrival 
in the United States; and whether each passenger and crew member on the 
flight is destined for the U.S. or in transit through the U.S.
    (2) Identifying information for each passenger or crew member. In 
the manner prescribed in paragraph (c)(3) of this section, for each 
passenger manifest and crew manifest, as applicable, that relates to a 
flight falling within the scope of paragraph (a) of this section, the 
following information that identifies each passenger and crew member on 
the flight must be electronically transmitted to Customs: The full name 
of each passenger and crew member; the date of birth and citizenship of 
each passenger and crew member; the gender of each passenger and crew 
member; the passport number and country of issuance of the passport of 
each passenger and crew member if a passport is required for travel; 
and the United States visa number or resident alien card number of each 
passenger and crew member, as applicable (49 U.S.C. 44909(c)(2)(A)-
(E)).
    (3) Use of travel document to obtain data. Air carriers are to 
provide the data elements set out in paragraph (c)(2) of this section 
that describe each passenger and crew member on a flight subject to 
paragraph (a) of this section by transmitting to Customs one, and only 
one, travel document per passenger or crew member, selected in the 
following order of preference: U.S. Alien Registration Card; U.S. 
Border Crossing Card; U.S. non-immigrant visa; U.S. Refugee Travel 
Document or Re-Entry Permit; U.S. Passport; or non-U.S. passport. 
Customs timely receipt of the electronic transmission of the preferred 
travel document pertaining to a passenger or crew member for a covered 
flight will be considered as constituting full compliance with the 
informational requirements of 49 U.S.C. 44909(c)(2)(A)-(E), subject to 
paragraph (c)(5) of this section.
    (4) Additional information required; travel itinerary of each 
passenger and crew member. In addition, for each passenger manifest and 
crew manifest, as applicable, that relates to a flight falling within 
the scope of paragraph (a) of this section, air carriers are required 
to transmit for each passenger and crew member, the foreign airport 
where they began their air transportation to the United States. Also, 
for passengers and crew members destined for the United States, the air 
carrier must designate the airport in the United States where the 
passenger will be processed through Customs and Immigration 
formalities. Likewise, for passengers and crew members that are 
transiting through the United States and not clearing Customs and 
Immigration formalities, the air carrier bringing them into the United 
States must transmit the foreign airport of ultimate destination.
    (5) Receipt of all required data elements. Air carriers will be 
required to transmit any informational elements required by paragraph 
(c) of this section which are not contained in the transmitted travel 
documents by a date

[[Page 67485]]

that will be announced in the Federal Register.
    (d) Carrier responsibility for comparing information collected with 
travel document. The carrier collecting the information described in 
paragraph (c)(2) of this section is responsible for comparing this 
information with the related travel document under paragraph (c)(3) of 
this section, in order to ensure that the information is correct, that 
the document appears to be valid for travel to the United States, and 
that the passenger or crew member, as applicable, is the person to whom 
the travel document was issued.
    (e) Sharing of manifest information with other Federal agencies. 
Information contained in passenger and crew manifests for flights 
subject to paragraph (a) of this section (49 U.S.C. 44909(c)(1)) that 
is received by Customs electronically may, upon request, be shared with 
other Federal agencies for the purpose of protecting national security 
(49 U.S.C. 44909(c)(5)).

PART 178--APPROVAL OF INFORMATION COLLECTION REQUIREMENTS

    1. The authority citation for part 178 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 et seq.

    2. Section 178.2 is amended by adding the following in appropriate 
numerical sequence according to the section number under the columns 
indicated:


Sec. 178.2  Listing of OMB control numbers.

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                                                             OMB control
           19 CFR section                  Description           no.
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                  *        *        *        *        *
Sec.  122.49a......................  Passenger and crew        1515-0232
                                      manifests.
                  *        *        *        *        *
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    Approved: December 21, 2001.
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 01-32034 Filed 12-28-01; 8:45 am]
BILLING CODE 4820-02-P