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5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note. Section 122.22 is also issued under 46 U.S.C. 60105. Section 122.48b also issued under 49 U.S.C. 44901 note. See Part 122 for more
T.D. 88-12, 53 FR 9292, Mar. 22, 1988, unless otherwise noted.
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(a) Application. Penalties shall be assessed if differences in an air cargo manifest (overages or shortages) are discovered and:
(1) The required notice and explanation are not made in time;
(2) The port director is not satisfied that the differences were caused by clerical error or other mistake;
(3) There has been a loss of revenue to the U.S.; or
(4) The port director is not satisfied that there was a valid reason for delay in reporting any differences.
(b) Definition. Under this section, “clerical error or other mistake” means a non-negligent, inadvertant, or typographical mistake in the preparation, assembly, or submission (electronically or otherwise) of the manifest.
(c) Repeated differences. If repeated differences are found in manifests filed by the same person, it may be determined that the differences were a result of negligence and not clerical error or other mistake.
(d) Knowledge. A penalty may be assessed for differences in a manifest that are unknown to the aircraft commander or owner.
[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999]