[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: 19CFR122.23]

[Page 533]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 122--AIR COMMERCE REGULATIONS--Table of Contents
 
                       Subpart C--Private Aircraft
 
Sec. 122.23  Private aircraft arriving from areas south of the U.S.

    (a) Definitions. (1) For the purpose of this section, ``private 
aircraft'' means all aircraft except:
    (i) Public aircraft;
    (ii) Those aircraft operated on a regularly published schedule, 
pursuant to a certificate of public convenience and necessity or foreign 
aircraft permit issued by the Department of Transportation, authorizing 
interstate, overseas air transportation; and
    (iii) Those aircraft with a seating capacity of more than 30 
passenges or a maximum payload capacity of more than 7,500 pounds which 
are engaged in air transportation for compensation or hire on demand. 
(See 49 U.S.C. App. 1372 and 14 CFR part 298).
    (2) The term ``place'' as used in this section means anywhere 
outside of the inner boundary of the Atlantic (Coastal) Air Defense 
Identification Zone (ADIZ) south of 30 degrees north latitude, anywhere 
outside of the inner boundary of the Gulf of Mexico (Coastal) ADIZ, or 
anywhere outside of the inner boundary of the Pacific (Coastal) ADIZ 
south of 33 degrees north latitude.
    (b) Advance report of penetration of U.S. airspace. All private 
aircraft arriving in the Continental U.S. via the U.S./Mexican border or 
the Pacific Coast from a foreign place in the Western Hemisphere south 
of 33 degrees north latitude, or from the Gulf of Mexico and Atlantic 
Coasts from a place in the Western Hemisphere south of 30 degrees north 
latitude, from any place in Mexico, from the U.S. Virgin Islands, or 
(notwithstanding the definition of ``United States'' in Sec. 122.1(1)) 
from Puerto Rico, (which if from Puerto Rico, are conducting flight 
under visual flight rules (VFR)), shall furnish a notice of intended 
arrival to Customs at the nearest designated airport to point of 
crossing listed in Sec. 122.24(b), for the first landing in the U.S. The 
notice must be furnished at least 1 hour before crossing the U.S. 
coastline or border. The notice may be furnished directly to Customs by 
telephone, radio, or other means, or may be furnishd through the Federal 
Aviation Administration to Customs. The requirement to furnish a notice 
of intended arrival shall not apply to private aircraft departing from 
Puerto Rico and conducting flight under instrument flight rules (IFR) 
until crossing the U.S. coastline or proceeding north of 30 degrees 
north latitude.
    (c) Contents of notice. The advance notice of arrival shall include 
the following:
    (1) Aircraft registration number;
    (2) Name of aircraft commander;
    (3) Number of U.S. citizen passengers;
    (4) Number of alien passengers;
    (5) Place of last departure;
    (6) Estimated time and location of crossing U.S. border/coastline;
    (7) Estimated time of arrival;
    (8) Name of intended U.S. airport of first landing, as listed in 
Sec. 122.24, unless an exemption has been granted under Sec. 122.25, or 
the aircraft has not landed in foreign territory or is arriving directly 
from Puerto Rico, or the aircraft was inspected by Customs officers in 
the U.S. Virgin Islands.