CBP Extends Comment Period on its Proposed Requirements for Passenger and/or Crew Manifests for Commercial Aircraft and/or Vessels

For aircraft, the proposed rule would implement the Intelligence Reform and Terrorism Prevention Act of 2004 requirement that passenger manifest information be provided to the government before departure of the aircraft. For vessels, the proposed rule would require that passenger and crew manifests for commercial vessels departing from the U.S. be transmitted to CBP earlier than the current regulations require. (See ITT's Online Archives or 07/19/06 news, 06071910, for BP summary of proposed rule.)

Proposed Requirements for Commercial Aircraft Arriving in & Departing from U.S.

The following are highlights of CBP's proposed rule as it concerns the electronic transmission of passenger manifests for aircraft arriving in and departing from the U.S.:

Airlines would have choice of two options for transmitting manifests. Airlines would have choice of two options (Advance Passenger Information System (APIS) 60 or APIS Quick Query (AQQ)) for transmitting manifests.

Detailed requirements for transmitting manifest information, "not-cleared" messages. CBP would set forth detailed requirements for transmitting passenger manifest information and a description of the actions that would have to be taken if CBP sends a "not-cleared message" to the air carrier concerning a passenger.

Definition of "departure" for aircraft would be amended. The definition of departure would be amended to read as follows "the moment at which the aircraft is pushed back from the gate for the purpose of commencing its approach to the point of take off."

Intention to make APIS and AQQ fully available prior to issuing final rule. CBP states that it is committed to making both APIS 60 and AQQ options for pre-departure interactive electronic transmission fully available for industry use prior to publication of the final rule.

CBP anticipates some connecting passengers will not make connections. CBP anticipates that if carriers exercise the APIS 60 option, a small number of connecting passengers may not make their flights, will be delayed, and would have to be rerouted. CBP also notes that if carriers use the AQQ option delays to travelers will be minimized.

Proposed Requirements for Vessels Departing from the U.S.

In its proposed rule, CBP would also amend 19 CFR 4.64(b)(2)(i) to state that the appropriate official must transmit each electronic departure manifest required under 19 CFR 4.64(b)(1) to the CBP Data Center, CBP Headquarters, no later than 60 minutes before the vessel departs from the U.S. 19 CFR 4.64 applies to both electronic passenger and crew member departure manifests. (The current regulations provide that this must be done no later than 15 minute before departure.)

(CBP sources note that this proposed rule would not amend the passenger and crew manifest transmission requirements for vessel arriving in the U.S. 19 CFR 4.7b(b)(2)(i) sets forth the timeframes by which passenger and crew manifests must be submitted for commercial vessels arriving in the U.S. The deadlines for submitting such manifests depend upon the length of the vessel's voyage.)

-written comments must be received on or before October 12, 2006

CBP Contact - Charles Perez (202) 344-2605

CBP notice (USCBP-2005-0003, FR Pub 08/02/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-12473.pdf