698 Part 122—Air Commerce Regulations
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Pt. 122 19 CFR Ch. I (4–1–11 Edition) (c) Effect of suspension or revocation. 122.36 Responsibility of aircraft com- Once a suspension or revocation action mander. takes effect, the CES operator must 122.37 Precleared aircraft. cease CES operations. However, when 122.38 Permit and special license to unlade CES operations are suspended or re- and lade. voked and cancelled by Customs, it is the CES operator’s responsibility to Subpart E—Aircraft Entry and Entry Docu- ensure that merchandise already at the ments; Electronic Manifest Require- CES is properly consigned to another ments for Passengers, Crew Members, location for inspection, as directed by and Non-Crew Members Onboard the importer and approved by the port Commercial Aircraft Arriving In, Con- director. tinuing Within, and Overflying the United States [T.D. 96–57, 61 FR 39071, July 26, 1996] 122.41 Aircraft required to enter. PART 122—AIR COMMERCE 122.42 Aircraft entry. 122.43 General declaration. REGULATIONS 122.44 Crew baggage declaration. 122.45 Crew list. Sec. 122.46 Crew purchase list. 122.0 Scope 122.47 Stores list. Subpart A—General Definitions and 122.48 Air cargo manifest. 122.48a Electronic information for air cargo Provisions required in advance of arrival. 122.1 General definitions. 122.49 Correction of air cargo manifest or 122.2 Other Customs laws and regulations. air waybill. 122.3 Availability of forms. 122.49a Electronic manifest requirement for 122.4 English language required. passengers onboard commercial aircraft 122.5 Reproduction of Customs forms. arriving in the United States. 122.49b Electronic manifest requirement for Subpart B—Classes of Airports crew members and non-crew members on- board commercial aircraft arriving in, 122.11 Designation as international airport. 122.12 Operation of international airports. continuing within, and overflying the 122.13 List of international airports. United States. 122.14 Landing rights airport. 122.49c Master crew member list and master 122.15 User fee airports. non-crew member list requirement for commercial aircraft arriving in, depart- Subpart C—Private Aircraft ing from, continuing within, and over- flying the United States. 122.21 Application. 122.49d Passenger Name Record (PNR) infor- 122.22 Electronic manifest requirement for mation. all individuals onboard private aircraft 122.50 General order merchandise. arriving in and departing from the United States; notice of arrival and de- parture information. Subpart F—International Traffic Permit 122.23 Certain aircraft arriving from areas 122.51 Aircraft of domestic origin registered south of the U.S. in the U.S. 122.24 Landing requirements for certain air- 122.52 Aircraft of foreign origin registered craft arriving from areas south of U.S. 122.25 Exemption from special landing re- in the U.S. quirements. 122.53 Aircraft of foreign registry chartered 122.26 Entry and clearance. or leased to U.S. air carriers. 122.27 Documents required. 122.54 Aircraft of foreign registry. 122.28 Private aircraft taken abroad by U.S. residents. Subpart G—Clearance of Aircraft and 122.29 Arrival fee and overtime services. Permission To Depart 122.30 Other Customs laws and regulations. 122.61 Aircraft required to clear. Subpart D—Landing Requirements 122.62 Aircraft not otherwise required to clear. 122.31 Notice of arrival. 122.63 Scheduled airlines. 122.32 Aircraft required to land. 122.64 Other aircraft. 122.33 Place of first landing. 122.35 Emergency or forced landing. 122.65 Failure to depart. 698 VerDate Mar<15>2010 17:08 Apr 28, 2011 Jkt 223059 PO 00000 Frm 00708 Fmt 8010 Sfmt 8010 Q:\19\19V1 ofr150 PsN: PC150 U.S. Customs and Border Protection, DHS; Treasury Pt. 122 122.66 Clearance or permission to depart de- 122.113 Form for transit air cargo manifest nied. procedures. 122.114 Contents. Subpart H—Documents Required for Clear- 122.115 Labeling of cargo. ance and Permission To Depart; Elec- 122.116 Identification of manifest sheets. tronic Manifest Requirements for Pas- 122.117 Requirements for transit air cargo sengers, Crew Members, and Non- transport. Crew Members Onboard Commercial 122.118 Exportation from port of arrival. Aircraft Departing From the United 122.119 Transportation to another U.S. port. States 122.120 Transportation to another port for exportation. 122.71 Aircraft departing with no commer- cial export cargo. Subpart M—Aircraft Liquor Kits 122.72 Aircraft departing with commercial export cargo. 122.131 Application. 122.73 General declaration and air cargo 122.132 Sealing of aircraft liquor kits. manifest. 122.133 Stores list required on arrival. 122.74 Incomplete (pro forma) manifest. 122.134 When airline does not have in-bond 122.75 Complete manifest. liquor storeroom. 122.75a Electronic manifest requirement for 122.135 When airline has in-bond liquor passengers onboard commercial aircraft storeroom. departing from the United States. 122.75b Electronic manifest requirement for 122.136 Outgoing stores list. crew members and non-crew members on- 122.137 Certificate of use. board commercial aircraft departing from the United States. Subpart N—Flights to and From the U.S. 122.76 Shipper’s Export Declarations and in- Virgin Islands spection certifications. 122.77 Clearance certificate. 122.141 Definitions. 122.78 Entry or withdrawal for exportation 122.142 Flights between the U.S. Virgin Is- or for transportation and exportation. lands and a foreign area. 122.79 Shipments to U.S. possessions. 122.143 Flights from the U.S. to the U.S. 122.80 Verification of statement. Virgin Islands. 122.144 Flights from the U.S. Virgin Islands Subpart I—Procedures for Residue Cargo to the U.S. and Stopover Passengers Subpart O—Flights to and From Cuba 122.81 Application. 122.82 Bond requirements. 122.151 Definitions. 122.83 Forms required. 122.152 Application. 122.84 Intermediate airport. 122.153 Limitations on airport of entry or 122.85 Final airport. departure. 122.86 Substitution of aircraft. 122.154 Notice of arrival. 122.87 Other requirements. 122.88 Aircraft carrying domestic (stopover) 122.155 Document to be presented upon ar- passengers. rival. 122.156 Release of passengers. Subpart J—Transportation in Bond and 122.157 Documents required for clearance. Merchandise in Transit 122.158 Other entry and clearance require- ments. 122.91 Application. 122.92 Procedure at port of origin. Subpart P—Public Aircraft [Reserved] 122.93 Procedure at destination or expor- tation airport. Subpart Q—Penalties 122.94 Certificate of lading for exportation. 122.95 Other provisions. 122.161 In general. 122.162 Failure to notify and explain dif- Subpart K—Accompanied Baggage in ferences in air cargo manifest. Transit 122.163 Transit air cargo traveling to U.S. ports. 122.101 Entry of accompanied baggage. 122.164 Transportation to another port for 122.102 Inspection of baggage in transit. exportation. Subpart L—Transit Air Cargo Manifest 122.165 Air cabotage. (TACM) Procedures 122.166 Arrival, departure, discharge, and documentation. 122.111 Application. 122.167 Aviation smuggling. 122.112 Definitions. 699 VerDate Mar<15>2010 17:08 Apr 28, 2011 Jkt 223059 PO 00000 Frm 00709 Fmt 8010 Sfmt 8010 Q:\19\19V1 ofr150 PsN: PC150 § 122.0 19 CFR Ch. I (4–1–11 Edition) Subpart R—Air Carrier Smuggling Subpart A—General Definitions Prevention Program and Provisions 122.171 Description of program. § 122.1 General definitions. 122.172 Eligibility. 122.173 Application procedures. The following definitions apply in 122.174 Operational procedures. this part, unless otherwise stated: 122.175 Exemption from penalties. (a) Aircraft. An ‘‘aircraft’’ is any de- 122.176 Removal from ACSPP. vice now known, or hereafter invented, used or designed for navigation or Subpart S—Access to Customs Security flight in the air. It does not include Areas hovercraft. (b) Aircraft commander. An ‘‘aircraft 122.181 Definition of Customs security area. commander’’ is any person serving on 122.182 Security provisions. an aircraft who is in charge or has 122.183 Denial of access. command of its operation and naviga- 122.184 Change of identification; change in circumstances of employee; additional tion. employer responsibilities. (c) Agent. An ‘‘agent’’ is any person 122.185 Report of loss or theft of Customs who is authorized to act for or in place access seal. of: 122.186 Presentation of Customs access seal (1) An owner or operator of a sched- by other person. uled airline by written authority; or 122.187 Revocation or suspension of access. (2) An owner or operator of a non- 122.188 Issuance of temporary Customs ac- scheduled airline, by power of attor- cess seal. ney. 122.189 Bond liability. The authority to act shall be in writing AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 58b, 66, and satisfactory to the port director. 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, (d) Commercial aircraft. A ‘‘commercial 1644, 1644a, 2071 note. aircraft’’ is any aircraft transporting Section 122.22 is also issued under 46 U.S.C. passengers and/or cargo for some pay- 60105. ment or other consideration, including Section 122.49a also issued under 8 U.S.C. money or services rendered. 1101, 1221, 19 U.S.C. 1431, 49 U.S.C. 44909. (e) International airport. An inter- Section 122.49b also issued under 8 U.S.C. ‘‘ 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. national airport’’ is any airport des- Section 122.49c also issued under 8 U.S.C. ignated by: 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. (1) The Secretary of the Treasury or Section 122.49d also issued under 49 U.S.C. the Commissioner of Customs as a port 44909(c)(3). of entry for aircraft arriving in the Section 122.75a also issued under 8 U.S.C.