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(a) Application. Except as provided in paragraph (b) of this section, all aircraft entering the United States from a foreign area must give advance notice of arrival. (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 must have been filed with the port director for the airport where the first landing is made. (c) Giving notice of arrival —(1) Procedure . (i) Private aircraft. The pilot of a private aircraft must give advance notice of arrival in accordance with §122.22 of this part. (ii) Aircraft arriving from Cuba. Aircraft arriving from Cuba must follow the advance notice of arrival procedures set forth in §122.154 in subpart O of this part. (iii) Certain aircraft arriving from areas south of the United States. Certain aircraft arriving from areas south of the United States (other than Cuba) must follow the advance notice of arrival procedures set forth in §122.23 of this part. (iv) Other aircraft. The commander of an aircraft not otherwise covered by paragraphs (c)(1)(i), (c)(1)(ii) and (c)(1)(iii) of this section must give advance notice of arrival as set forth in paragraph (d) of this section. Notice must be given to the port director at the place of first landing, either: (A) Directly by radio, telephone, or other method; or (B) 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 departure must 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 required by aircraft covered in paragraph (c)(1)(iv) of this section must include the following information: (1) Type of aircraft and registration number; (2) Name (last, first, middle, if available) of aircraft commander; (3) Place of last foreign departure; (4) International airport of intended landing or other place at which landing has been authorized by CBP; (5) Number of alien passengers; (6) Number of citizen passengers; and (7) Estimated time of arrival. (e) Time of notice. Notice of arrival as required pursuant to paragraph (c)(1)(iv) of this section must be furnished far enough in advance to allow inspecting CBP officers to reach the place of first landing of the aircraft prior to the aircraft's arrival. (f) Notice of other Federal agencies. When advance notice is received, the port director will inform any other concerned Federal agency. [CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008] § 122.32 Aircraft required to land.(a) Any aircraft coming into the U.S., from an area outside of the U.S., is required to land, unless it is denied permission to land in the U.S. by CBP pursuant to §122.12(c), or is exempted from landing by the Federal Aviation Administration. (b) Conditional permission to land. CBP has the authority to limit the locations where aircraft entering the U.S. from a foreign area may land. As such, aircraft must land at the airport designated in their APIS transmission unless instructed otherwise by CBP or changes to the airport designation are required for aircraft and/or airspace safety as directed by the Federal Aviation Administration (FAA) flight services. [CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008] § 122.33 Place of first landing.(a) The first landing of an aircraft entering the United States from a foreign area will be: (1) At a designated international airport (see §122.13), provided that permission to land has not been denied pursuant to §122.12(c); (2) At a landing rights airport if permission to land has been granted (see §122.14); or (3) At a designated user fee airport if permission to land has been granted (see §122.15). (b) Permission to land at a landing rights airport or user fee airport is not required for an emergency or forced landing (see §122.35). [T.D. 92–90, 57 FR 43397, Sept. 21, 1992, as amended by CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003] § 122.35 Emergency or forced landing.(a) Application. This section applies to emergency or forced landings made by aircraft when necessary for safety or the preservation of life or health, when such aircraft are: (1) Travelling from airport to airport in the U.S. under a permit to proceed (see §§122.52, 122.54 and 122.83(d)), or a Customs Form 7509 (see §122.113); or (2) Coming into the U.S. from a foreign area. (b) Notice. When an emergency or forced landing is made, notice shall be given: (1) To the Customs Service at the intended place of first landing, nearest international airport, or nearest port of entry, as soon as possible; (2) By the aircraft commander, other person in charge, or aircraft owner, who shall make a full report of the flight and the emergency or forced landing. (c) Passengers and crewmembers. The aircraft commander or other person in charge shall keep all passengers and crewmembers in a separate place at the landing area until Customs officers arrive. Passengers and crewmembers may be removed if necessary for safety, or for the purpose of contacting Customs. (d) Merchandise and baggage. The aircraft commander or other person in charge shall keep all merchandise and baggage together and unopened at the landing area until Customs officers arrive. The merchandise and baggage may be removed for safety or to protect property. (e) Mail. Mail may be removed from the aircraft, but shall be delivered at once to an officer or employee of the Postal Service. § 122.36 Responsibility of aircraft commander.If an aircraft lands in the U.S. and Customs officers have not arrived, the aircraft commander shall hold the aircraft, and any merchandise or baggage on the aircraft for inspection. Passengers and crewmembers shall be kept in a separate place until Customs officers authorize their departure. § 122.37 Precleared aircraft.(a) Application. This section applies when aircraft carrying crew, passengers and baggage, or merchandise which has been precleared pursuant to §148.22 of this chapter at a location listed in §101.5 of this chapter and makes an unscheduled or unintended landing at an airport in the U.S. (b) Notice. The aircraft commander or agent shall give written notice to the Customs office at: (1) The intended place of unlading; and (2) The place of preclearance. (c) Time of notice. Notice shall be given within 7 days of the unscheduled or unintended landing unless other arrangements have been made in advance between the carrier and the port director. § 122.38 Permit and special license to unlade and lade.(a) Applicability. Before any passengers, baggage, or merchandise may be unladen or laden aboard on arrival or departure of an aircraft subject to these regulations, a permit and/or special license to unlade or lade shall be obtained from Customs. (1) Permit to unlade or lade. A permit is required to obtain Customs supervision of unlading and lading during official Customs duty hours. (2) Special license to unlade or lade. A special license is required to obtain Customs supervision of unlading and lading at any time not within official Customs duty hours (generally, during overtime hours, Sundays or holidays). (b) Authorization required. A permit or special license shall be required for each arrival and departure unless a term permit or special license has been granted. No permit or special license shall be issued unless the carrier complies with the terminal facilities and employee list requirements of §4.30 of this chapter. (c) Term permit or special license. A term permit or special license may be issued covering all arrivals and departures during a period of up to one year, providing local arrangements have been made to notify Customs before services are needed. The notice shall specify the kinds of services requested, and the exact times they will be needed. No term permit or special license shall be issued, and any term permit or special license already issued shall be revoked, unless the carrier complies with the terminal facilities and employee list requirements of §4.30 of this chapter. In addition, a term permit or special license to unlade or lade already issued will not be applicable to any inbound or outbound flight, with respect to which Customs and Border Protection (CBP) has not received the advance electronic cargo information required, respectively, under §122.48a or 192.14(b)(1)(ii) of this chapter (see paragraph (g) of this section). (d) Procedures. The application for a permit and special license to unlade or lade shall be made by the owner, operator, or agent for an aircraft on Customs Form 3171, and shall be submitted to the port director for the airport where the unlading and lading will take place. The application shall be accompanied by a bond on Customs Form 301, containing the bond conditions set forth in subpart G of part 113 of this chapter, or a cash deposit, unless this requirement is waived under paragraph (e) of this section. (e) Waiver of bond. To insure prompt and orderly clearance of the aircraft, passengers, baggage, or merchandise, the port director may waive the requirement under paragraph (d) of this section that either a bond or a cash deposit be made, if he is convinced the revenue is protected and that all Customs requirements are satisfied. (f) Automatic renewal of term permit or special license. Automatic renewal of a term permit or special license may be requested by the owner, operator, or agent for an aircraft when a bond on Customs Form 301 containing the appropriate bond conditions set forth in subpart G of part 113 of this chapter is on file. The request shall be for successive annual periods which conform to the automatic renewal periods of the bond. An application will be approved by the port director unless specific reasons exist for denial. If a request for automatic renewal is not approved, the port director shall notify the requestor, and shall state the reasons for the denial. To apply for automatic renewal, item 10 on Customs Form 3171 shall be changed by adding the following words after the period of time indicated: “And automatic annual renewal thereof for so long as the bond is renewed and remains in effect.” (g) Advance receipt of electronic cargo information. The CBP will not issue a permit to unlade or lade cargo upon arrival or departure of an aircraft, and a term permit or special license already issued will not be applicable to any inbound or outbound flight, with respect to which CBP has not received the advance electronic cargo information required, respectively, under §122.48a or 192.14 of this chapter. In cases in which CBP does not receive complete cargo information in the time and manner and in the electronic format required by §122.48a or 192.14 of this chapter, as applicable, CBP may delay issuance of a permit or special license to unlade or lade cargo, and a term permit or special license to unlade or lade already issued may not apply, until all required information is received. The CBP may also decline to issue a permit or special license to unlade or lade, and a term permit or special license already issued may not apply, with respect to the specific cargo for which advance information is not timely received electronically, as specified in §122.48a or 192.14(b)(1)(ii) of this chapter. [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 94–2, 58 FR 68526, Dec. 28, 1993; CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003] Browse Previous | Browse Next
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