[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: 19CFR122.14]



[Page 588-589]

 

                        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 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 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;



[[Page 589]]



    (4) Advance cargo information has not been received as provided in 

Sec.  122.48a;

    (5) Other reasonable grounds exist to believe that Federal rules and 

regulations pertaining to safety, including cargo safety and security, 

and Customs, or other inspectional activities have not been followed; or

    (6) 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; CBP Dec. 03-32, 68 FR 

68170, Dec. 5, 2003]