supporting CFR

§ 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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United States Customs Service, Treasury
bonded warehouse or otherwise in bond
for direct exportation by private aircraft.
A foreign landing certificate, when required, shall be produced within six
months from the date of exportation
and shall be signed by a revenue officer
of the foreign country to which the
merchandise is exported, unless it is
shown that the country has no Customs administration, in which case the
certificate may be signed by the consignee or by the vessel’s agent at the
place of landing.
(c) Pilot certificate/license, certificate of
registration—(1) Pilot certificate/license. A
commander of a private aircraft arriving in the U.S. must present for inspection a valid pilot certificate/license,
medical certificate, authorization, or
license held by that person, when presentation for inspection is requested by
a Customs officer.
(2) Certificate of registration. A valid
certificate of registration for private
aircraft which are U.S.-registered must
also be presented upon arrival in the
U.S., when presentation for inspection
is requested by a Customs officer. A socalled ‘‘pink slip’’ is a duplicate copy
of the Aircraft Registration Application (FAA Form AC 8050–1), and does
not constitute a valid certificate of
registration authorizing travel internationally.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 91–61, 56 FR 32086, July 15,
1991]

§ 122.28 Private aircraft taken abroad
by U.S. residents.
An aircraft belonging to a resident of
the U.S. which is taken to a foreign
area for non-commercial purposes and
then returned to the U.S. by the resident shall be admitted under the conditions and procedures set forth in
§ 148.32 of this chapter. Repairs made
abroad, and accessories purchased
abroad shall be included in the baggage
declaration as required by § 148.32(c),
and may be subject to entry and payment of duty as provided in § 148.32.
§ 122.29 Arrival fee and overtime services.
Private aircraft may be subject to
the payment of an arrival fee for services provided as set forth in § 24.22 of

§ 122.31
this chapter. For the procedures to be
followed in requesting overtime services in connection with the arrival of
private aircraft, see § 24.16 of this chapter.
[T.D. 93–85, 58 FR 54286, Oct. 21, 1993]

§ 122.30 Other Customs laws and regulations.
Sections 122.2 and 122.161 apply to private aircraft.

Subpart D—Landing Requirements
§ 122.31

Notice of arrival.

(a) Application. Except as provided in
paragraph (b) of this section, all aircraft entering the U.S. from a foreign
area shall give advance notice of arrival. When a private aircraft, as defined in § 122.23(a) of this part, enters
the U.S. from a foreign area in the
Western hemisphere south of the U.S.,
advance notice shall be given as provided in § 122.23. Aircraft arriving from
Cuba shall follow the procedures set
forth in subpart O of this part.
(b) Exceptions for scheduled aircraft of
a scheduled airline. Advance notice is
not required for aircraft of a scheduled
airline arriving under a regular schedule. The regular schedule shall have
been filed with the port director for the
airport where the first landing is made.
(c) Giving notice of arrival—(1) Procedure. The commander of an aircraft
covered by this section shall give the
advance notice of arrival. Notice shall
be given to the port director at the
place of first landing, either:
(i) Directly by radio, telephone, or
other method; or
(ii) Through Federal Aviation Administration flight notification procedure
(see International Flight Information
Manual, Federal Aviation Administration).
(2) Reliable facilities. When reliable
means for giving notice are not available (for example, when departure is
from a remote place) a landing shall be
made at a place where notice can be
sent prior to coming into the U.S.
(d) Contents of notice. The advance notice of arrival shall include the following information:
(1) Type of aircraft and registration
number;

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