[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR122.1]



[Page 585-586]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 122_AIR COMMERCE REGULATIONS--Table of Contents

 

              Subpart A_General Definitions and Provisions

 

Sec.  122.1  General definitions.





    The following definitions apply in this part, unless otherwise 

stated:

    (a) Aircraft. An ``aircraft'' is any device now known, or hereafter 

invented, used or designed for navigation or flight in the air. It does 

not include hovercraft.

    (b) Aircraft commander. An ``aircraft commander'' is any person 

serving on an aircraft who is in charge or has command of its operation 

and navigation.

    (c) Agent. An ``agent'' is any person who is authorized to act for 

or in place of:

    (1) An owner or operator of a scheduled airline by written 

authority; or

    (2) An owner or operator of a non-scheduled airline, by power of 

attorney.



The authority to act shall be in writing and satisfactory to the port 

director.

    (d) Commercial aircraft. A ``commercial aircraft'' is any aircraft 

transporting passengers and/or cargo for some payment or other 

consideration, including money or services rendered.

    (e) International airport. An ``international airport'' is any 

airport designated by:

    (1) The Secretary of the Treasury or the Commissioner of Customs as 

a port of entry for aircraft arriving in the U.S. from any place outside 

thereof and for the merchandise carried on such aircraft;

    (2) The Attorney General as a port of entry for aliens arriving on 

such aircraft; and

    (3) The Secretary of Health and Human Services as a place for 

quarantine inspection.

    (f) Landing rights airport. A ``landing rights airport'' is any 

airport, other than an international airport or user fee airport, at 

which flights from a foreign area are given permission by Customs to 

land.

    (g) Preclearance. ``Preclearance'' is the examination and inspection 

of air travelers and their baggage, at the request of an airline, at 

foreign places where Customs personnel are stationed for that purpose. 

Preclearance may be used only for air travelers and their baggage, not 

for merchandise.

    (h) Private aircraft. A ``private aircraft'' is any aircraft engaged 

in a personal or business flight to or from the U.S. which is not:

    (1) Carrying passengers and/or cargo for commercial purposes;

    (2) Leaving the U.S. carrying neither passengers nor cargo in order 

to lade passengers and/or cargo in a foreign area for commercial 

purposes; or

    (3) Returning to the U.S. carrying neither passengers nor cargo in 

ballast after leaving with passengers and/or cargo for commercial 

purposes;

    (i) Public aircraft. A ``public aircraft'', is any aircraft owned 

by, or under the complete control and management of the U.S. government 

or any of its agencies, or any aircraft owned by or under the complete 

control and management of any foreign government which exempts public 

aircraft of the U.S. from arrival, entry and clearance requirements 

similar to those provided in subpart C of this part, but not including 

any government owned aircraft engaged in carrying persons or property



[[Page 586]]



for commercial purposes. This definition applies if the aircraft is:

    (1) Manned entirely by members of the armed forces or civil service 

of such government, or by both;

    (2) Transporting only property of such government, or passengers 

traveling on official business of such government; or

    (3) Carrying neither passengers nor cargo.

    (j) Residue cargo. ``Residue cargo'' is any cargo on board an 

aircraft arriving in the U.S. from a foreign area if the:

    (1) Final delivery airport in the U.S. is not the port of arrival; 

or

    (2) Cargo remains on board the aircraft and travels from port to 

port in the U.S., for final delivery in a foreign area.

    (k) Scheduled airline. A ``scheduled airline'' is any individual, 

partnership, corporation or association:

    (1) Engaged in air transportation under regular schedules to, over, 

away from, or within the U.S.; and

    (2) Holding a Foreign Air Carrier Permit or a Certificate of Public 

Convenience and Necessity, issued by the Department of Transportation 

pursuant to 14 CFR parts 201 and 213.

    (l) United States. Except when used in another context, ``U.S.'' 

means the territory of the several States, the District of Columbia, and 

Puerto Rico, including the territorial waters and overlying airspace.

    (m) User fee airport. A ``user fee airport'' is an airport so 

designated by Customs. Flights from a foreign area may be granted 

permission to land at a user fee airport rather than at an international 

airport or a landing rights airport. An informational listing of user 

fee airports is contained in Sec.  122.15.



[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 88-16, 53 FR 

10371, Mar. 31, 1988; T.D. 92-90, 57 FR 43397, Sept. 21, 1992; T.D. 93-

66, 58 FR 44130, Aug. 19, 1993]