[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: 19CFR122.23]



[Page 590]

 

                        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 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.