[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR122.14]

[Page 531-532]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 122--AIR COMMERCE REGULATIONS--Table of Contents
 
                     Subpart B--Classes of Airports
 
Sec. 122.14  Landing rights airport.

    (a) Permission to land. Permission to land at a landing rights 
airport may be given as follows:
    (1) Scheduled flight. The scheduled aircraft of a scheduled airline 
may be allowed to land at a landing rights airport. Permission is given 
by the director of the port, or his representative, at the port nearest 
to which first landing is made.
    (2) Other aircraft. All other aircraft may be allowed to land at a 
landing rights airport by the director of the port of entry or station 
nearest the first place of landing.
    (3) Additional flights, charters or changes in schedule--(i) 
Scheduled aircraft. If a new carrier plans to set up a new flight 
schedule, or an established carrier makes changes in its approved 
schedule, landing rights may be granted by the port director.
    (ii) Additional or charter flight. If a carrier or charter operator 
wants to begin operating or to add flights, application shall be made to 
the port director for landing rights. All requests shall be made not 
less than 48 hours before the intended time of arrival, except in 
emergencies. If the request is oral, it shall be put in writing before 
or at the time of arrival.
    (4) Emergency or forced landing. Permission to land is not required 
for an emergency or forced landing (see Sec. 122.35).
    (b) Notice to Federal agencies. If an aircraft is given permission 
to land at a landing rights airport, the Customs officer who granted the 
landing rights shall notify the Public Health Service, the Immigration 
and Naturalization Service, the Animal and Plant Health Inspection 
Service, and any other interested Federal agency at once.
    (c) Payment of expenses. In the case of an arrival at a location 
outside the

[[Page 532]]

limits of a port of entry, the owner, operator or person in charge of 
the aircraft shall pay any added charges for inspecting the aircraft, 
passengers, employees and merchandise when landing rights are given (see 
Sec. Sec. 24.17 and 24.22(e) of this chapter).
    (d) Denial or withdrawal of landing rights. Permission to land at a 
landing rights airport may be denied or withdrawn for any of the 
following reasons:
    (1) Appropriate and/or sufficient Federal Government personnel are 
not available;
    (2) Proper inspectional facilities or equipment are not available 
at, or maintained by, the requested airport;
    (3) The entity requesting services has failed to abide by 
appropriate instructions of a Customs officer;
    (4) Reasonable grounds exist to believe that Federal rules and 
regulations pertaining to safety, Customs, or other inspectional 
activities have not been followed; or,
    (5) The granting of the requested landing rights would not be in the 
best interests of the Government.
    (e) Appeal of denial or withdrawal. In the event landing rights are 
denied or withdrawn by the port director, a written appeal of the 
decision may be made to the Assistant Commissioner, Office of Field 
Operations, Headquarters.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988. Redesignated and amended by T.D. 
92-90, 57 FR 43397, Sept. 21, 1992; T.D. 95-77, 60 FR 50020, Sept. 27, 
1995; T.D. 99-27, 64 FR 13675, Mar. 22, 1999]