Supporting Law/Regulation

§ 122.26

19 CFR Ch. I (4–1–02 Edition)

to Customs. If notice is furnished pursuant to this paragraph, notice pursuant to §§ 122.23 and 122.24 is unnecessary.
(3) All overflights must be conducted
pursuant to an instrument flight plan
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]

§ 122.26 Entry and clearance.
Private aircraft, as defined in
§ 122.1(h), are not required to formally
enter or to obtain formal clearance
upon departure. However, entry and
clearance requirements do apply to air
charter and air taxi operators.
§ 122.27 Documents required.
(a) Crewmembers and passengers. Crewmembers and passengers on a private
aircraft arriving in the U.S. shall make
baggage declarations as set forth in
part 148 of this chapter. An oral declaration of articles acquired in foreign
areas shall be made, unless a written
declaration on Customs Form 6059–B is
found necessary by inspecting officers.
(b) Cargo. (1) On arrival, cargo and
unaccompanied baggage not carried for
hire aboard a private aircraft may be
listed on a baggage declaration on Customs Form 6059–B, and shall be entered. If the cargo or unaccompanied
baggage is not listed on a baggage declaration, it shall be entered in the
same manner as cargo carried for hire
into the U.S.
(2) On departure, when a private aircraft leaves the U.S. carrying cargo not
for hire, the Bureau of Census (15 CFR
part 30) and the Export Administration
(15 CFR parts 368 through 399) regulations and any other applicable export
laws shall be followed. A foreign landing certificate or certified copy of a
foreign Customs entry is required as
proof of exportation if the cargo includes:
(i) Merchandise valued at more than
$500.00; or
(ii) More than one case of alcoholic
beverages withdrawn from a Customs

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