[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: 19CFR122.25]



[Page 591-593]

 

                        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.  122.25  Exemption from special landing requirements.



    (a) Request. Any company or individual that has operational control 

over an aircraft required to give advance notice of arrival under Sec.  

122.23 may request an exemption from the landing requirements in Sec.  

122.24. Single overflight exemptions may be granted to entities involved 

in air ambulance type operations when emergency situations arise and in 

cases involving the non-emergency transport of persons seeking medical 

treatment in the U.S. All approvals of requests for overflight 

exemptions and the granting of authority to be exempted from the landing 

requirements are at the discretion of the port director. Exemptions may 

allow aircraft to land at any airport in the U.S. staffed by Customs. 

Aircraft traveling under an exemption shall continue to follow advance 

notice and general landing rights requirements.

    (b) Procedure. An exemption request shall be made to the port 

director at the airport at which the majority of Customs overflight 

processing is desired by the applicant. Except for air ambulance 

operations and other flights involving the non-emergency transport of 

persons seeking medical treatment in the U.S., the requests shall be 

signed by an officer of the company or by the requesting individual and 

be notarized or witnessed by a Customs officer. The requests shall be 

submitted:

    (1) At least 30 days before the anticipated first arrival, if the 

request is for an exemption covering a number of flights over a period 

of one year, or

    (2) At least 15 days before the anticipated arrival, if the request 

is for a single flight, or

    (3) In cases involving air ambulance operations when emergency 

situations arise and other flights involving the non-emergency transport 

of persons seeking medical treatment in the U.S., if time permits, at 

least 24 hours prior to departure. If this cannot be accomplished, 

Customs will allow receipt of the overflight exemption application up to 

departure time. In cases of extreme medical emergency, Customs will 

accept overflight exemption requests in flight through a Federal 

Aviation Administration Flight Service Station.

    (c) Content of request. All requests for exemption from special 

landing requirements, with the exception of those for air ambulance 

operations and other flights involving the non-emergency transport of 

persons seeking medical treatment in the U.S., shall include the 

following information. Requests for exemptions for air ambulance 

operations and other flights involving the non-emergency transport of 

persons for medical treatment in the U.S. shall include the following 

information except for paragraphs (c)(5) and (c)(6) of this section:

    (1) Aircraft registration number(s) and manufacturer's serial 

number(s) for all aircraft owned or operated by the applicant that will 

be utilizing the overflight exemption;



[[Page 592]]



    (2) Identification information for each aircraft including class, 

manufacturer, type, number, color scheme, and type of engine (e.g., 

turbojet, turbofan, turboprop, reciprocating, helicopter, etc.);

    (3) A statement that the aircraft is equipped with a functioning 

mode C (altitude reporting) transponder which will be in use during 

overflight, that the overflights will be made in accord with instrument 

flight rules (IFR), and that the overflights will be made at altitudes 

above 12,500 feet mean sea level (unless otherwise instructed by Federal 

Aviation Administration controllers);

    (4) Name and address of the applicant operating the aircraft, if the 

applicant is a business entity, the address of the headquarters of the 

business (include state of incorporation if applicable), and the names, 

addresses, Social Security numbers (if available), and dates of birth of 

the company officer or individual signing the application. If the 

aircraft is operated under a lease, include the name, address, Social 

Security number (if available), and date of birth of the owner if an 

individual, or the address of the headquarters of the business (include 

state of incorporation if applicable), and the names, addresses, Social 

Security numbers, and dates of birth of the officers of the business;

    (5) Individual, signed applications from each usual or anticipated 

pilot or crewmember for all aircraft for which an overflight exemption 

is sought stating name, address, Social Security number (if available), 

Federal Aviation Administration certificate number (if applicable), and 

place and date of birth;

    (6) A statement from the individual signing the application that the 

pilot(s) and crewmember(s) responding to paragraph (c)(5) of this 

section are those intended to conduct overflights, and that to the best 

of the individual's knowledge, the information supplied in response to 

paragraph (c)(5) of this section is accurate;

    (7) Names, addresses, Social Security numbers (if applicable), and 

dates of birth for all usual or anticipated passengers. An approved 

passenger must be on board to utilize the overflight exemptions.



    Note: Where the Social Security number is requested, furnishing of 

the SSN is voluntary. The authority to collect the SSN is 19 U.S.C. 66, 

1433, 1459 and 1624. The primary purpose for requesting the SSN is to 

assist in ascertaining the identity of the individual so as to assure 

that only law-abiding persons will be granted permission to land at 

interior airports in the U.S. without first landing at one of the 

airports designated in Sec.  122.24. The SSN will be made available to 

Customs personnel on a need-to-know basis. Failure to provide the SSN 

may result in a delay in processing of the application;



    (8) Description of the usual or anticipated baggage or cargo if 

known, or the actual baggage or cargo;

    (9) Description of the applicant's usual business activity;

    (10) Name(s) of the airport(s) of intended first landing in the U.S. 

Actual overflights will only be permitted to specific approved airports;

    (11) Foreign place or places from which flight(s) will usually 

originate; and

    (12) Reasons for request for overflight exemption.

    (d) Procedure following exemption. (1) If a private aircraft is 

granted an exemption from the landing requirements as provided in this 

section, the aircraft commander shall notify Customs at least 60 minutes 

before:

    (i) Crossing into the U.S. over a point on the Pacific Coast north 

of 33 degrees north latitude; or

    (ii) Crossing into the U.S. over a point of the Gulf of Mexico or 

Atlantic Coast north of 30 degrees north latitude; or

    (iii) Crossing into the U.S. over the Southwestern land border 

(defined as the U.S.-Mexican border between Brownsville, Texas, and San 

Diego, California). Southwestern land border crossings must be made 

while flying in Federal Aviation Administration published airways.

    (2) The notice shall be given to a designated airport specified in 

Sec.  122.24. The notice may be furnished directly to Customs by 

telephone, radio or other means, or may be furnished through the Federal 

Aviation Administration to Customs. If notice is furnished pursuant to 

this paragraph, notice pursuant to Sec. Sec.  122.23 and 122.24 is 

unnecessary.

    (3) All overflights must be conducted pursuant to an instrument 

flight plan



[[Page 593]]



filed with the Federal Aviation Administration or equivalent foreign 

aviation authority prior to the commencement of the overflight.

    (4) The owner or aircraft commander of a private aircraft granted an 

exemption from the landing requirements must:

    (i) Notify Customs of a change of Federal Aviation Administration or 

other (foreign) registration number for the aircraft;

    (ii) Notify Customs of the sale, theft, modification or destruction 

of the aircraft;

    (iii) Notify Customs of changes of usual or anticipated pilots or 

crewmembers as specified in paragraph (c)(5) of this section. Every 

pilot and crewmember participating in an overflight must have prior 

Customs approval either through initial application and approval, or 

through a supplemental application submitted by the new pilot or 

crewmember and approved by Customs before commencement of the pilot's or 

crewmember's first overflight.

    (iv) Request permission from Customs to conduct an overflight to an 

airport not listed in the initial overflight application as specified in 

paragraph (c)(10) of this section. The request must be directed to the 

port director who approved the initial request for an overflight 

exemption.

    (v) Retain copies of the initial request for an overflight 

exemption, all supplemental applications from pilots or crewmembers, and 

all requests for additional landing privileges as well as a copy of the 

letter from Customs approving each of these requests. The copies must be 

carried on board any aircraft during the conduct of an overflight.

    (5) The notification specified in paragraph (d)(4) of this section 

must be given to Customs within 5 working days of the change, sale, 

theft, modification, or destruction, or before a flight for which there 

is an exemption, whichever occurs earlier.

    (e) Inspection of aircraft having or requesting overflight 

exemption. Applicants for overflight exemptions must agree to make the 

subject aircraft available for inspection by Customs to determine if the 

aircraft is capable of meeting Customs requirements for the proper 

conduct of an overflight. Inspections may be conducted during the review 

of an initial application or at any time during the term of an 

overflight exemption.



[T.D. 89-24, 53 FR 5429, Feb. 3, 1989, as amended by T.D. 89-24, 53 FR 

6884 and 6988, Feb. 15, 1989]