19 CFR Part 122 — Air Commerce Regulations

PART 122—AIR COMMERCE REGULATIONS Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note. Section 122.22 is also issued under 46 U.S.C. 60105. Section 122.48b also issued under 49 U.S.C. 44901 note. Section 122.49a also issued under 8 U.S.C. 1101, 1221, 19 U.S.C. 1431, 49 U.S.C. 44909. Section 122.49b also issued under 8 U.S.C. 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. Section 122.49c also issued under 8 U.S.C. 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. Section 122.49d also issued under 49 U.S.C. 44909(c)(3). Section 122.75a also issued under 8 U.S.C. 1221, 19 U.S.C. 1431. Section 122.75b also issued under 8 U.S.C. 1221, 19 U.S.C. 1431, 49 U.S.C. 114. Source: T.D. 88-12, 53 FR 9292, Mar. 22, 1988, unless otherwise noted. § 122.0 Scope. (a) Applicability. (2) The regulations in this part do not apply to the United States Postal Service's transmission of advance electronic information for inbound international mail shipments by air, see § 145.74 of this chapter. (b) Authority of other agencies. [CBP Dec. 08-43, 73 FR 68309, Nov. 18, 2008, as amended by CBP Dec. 21-04, 86 FR 14277, Mar. 15, 2021] Subpart A—General Definitions and Provisions § 122.1 General definitions. The following definitions apply in this part, unless otherwise stated: (a) Aircraft. (b) Aircraft commander. (c) Agent. (1) An owner or operator of a scheduled airline by written authority; or (2) An owner or operator of a non-scheduled airline, by power of attorney. The authority to act shall be in writing and satisfactory to the port director. (d) Commercial aircraft. (e) International airport. (1) The Secretary of the Treasury or the Commissioner of Customs as a port of entry for aircraft arriving in the U.S. from any place outside thereof and for the merchandise carried on such aircraft; (2) The Attorney General as a port of entry for aliens arriving on such aircraft; and (3) The Secretary of Health and Human Services as a place for quarantine inspection. (f) Landing rights airport. (g) Preclearance. (h) Private aircraft. (1) Carrying passengers and/or cargo for commercial purposes; (2) Leaving the U.S. carrying neither passengers nor cargo in order to lade passengers and/or cargo in a foreign area for commercial purposes; or (3) Returning to the U.S. carrying neither passengers nor cargo in ballast after leaving with passengers and/or cargo for commercial purposes; (i) Public aircraft. (1) Manned entirely by members of the armed forces or civil service of such government, or by both; (2) Transporting only property of such government, or passengers traveling on official business of such government; or (3) Carrying neither passengers nor cargo. (j) Residue cargo. (1) Final delivery airport in the U.S. is not the port of arrival; or (2) Cargo remains on board the aircraft and travels from port to port in the U.S., for final delivery in a foreign area. (k) Scheduled airline. (1) Engaged in air transportation under regular schedules to, over, away from, or within the U.S.; and (2) Holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity, issued by the Department of Transportation pursuant to 14 CFR parts 201 and 213. (l) United States. (m) User fee airport. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 88-16, 53 FR 10371, Mar. 31, 1988; T.D. 92-90, 57 FR 43397, Sept. 21, 1992; T.D. 93-66, 58 FR 44130, Aug. 19, 1993] § 122.2 Other Customs laws and regulations. Except as otherwise provided for in this chapter, and insofar as such laws and regulations are applicable, aircraft arriving or having arrived from or departing for any foreign port or place, and the persons and merchandise, including baggage, carried thereon, shall be subject to the laws and regulations applicable to vessels to the extent that such laws and regulations are administered or enforced by Customs, as provided in 19 U.S.C. 1644 and 1644a. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 98-74, 63 FR 51288, Sept. 25, 1998] § 122.3 Availability of forms. The forms mentioned in this part may be purchased from the director of port of entry. A small quantity of each form is set aside by port directors for free distribution and official use. § 122.4 English language required. A translation in the English language shall be attached to the original and each copy of any form or document written or printed in a foreign language. § 122.5 Reproduction of Customs forms. (a) Specifications. (b) Exceptions. (1) General Declaration. (2) Air cargo manifest. Subpart B—Classes of Airports § 122.11 Designation as international airport. (a) Procedure. (b) Withdrawal of designation. (1) The amount of business clearing through the airport does not justify maintenance of inspection equipment and personnel; (2) Proper facilities are not provided or maintained by the airport; (3) The rules and regulations of the Federal Government are not followed; or (4) Some other location would be more useful. (c) Providing office space to the Federal Government. § 122.12 Operation of international airports. (a) Entry, clearance and charges. (b) Servicing of aircraft. (c) FAA rules; denial of permission to land Federal Aviation Administration. (2) Customs and Border Protection. (3) Commercial aircraft. (4) Private Aircraft. (d) Additional requirements. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 03-32, 68 FR 68170, Dec. 5, 2003; CBP Dec. 08-43, 73 FR 68309, Nov. 18, 2008] § 122.13 List of international airports. The following is a list of international airports of entry designated by the Secretary of the Treasury. Location and Name Albany, N.Y.—Albany County Airport Baudette, Minn.—Baudette International Airport Bellingham, Wash.—Bellingham International Airport Brownsville, Tex.—Brownsville International Airport Burlington, Vt.—Burlington International Airport Calexico, Calif.—Calexico International Airport Caribou, Maine—Caribou Municipal Airport Chicago, Ill.—Midway Airport Cleveland, Ohio—Cleveland Hopkins International Airport Cut Bank, Mont.—Cut Bank Airport Del Rio, Tex.—Del Rio International Airport Detroit, Mich.—Detroit City Airport Detroit, Mich.—Detroit Metropolitan Wayne County Airport Douglas, Ariz.—Bisbee-Douglas International Airport Duluth, Minn.—Duluth International Airport Duluth, Minn.—Sky Harbor Airport El Paso, Tex.—El Paso International Airport Fort Lauderdale, Fla.—Fort Lauderdale-Hollywood International Airport Friday Harbor, Wash.—Friday Harbor Seaplane Base Grand Forks, N. Dak.—Grand Forks International Airport Great Falls, Mont.—Great Falls International Airport Havre, Mont.—Havre City-County Airport Houlton, Maine—Houlton International Airport International Falls, Minn.—Falls International Airport Juneau, Alaska—Juneau Municipal Airport Juneau, Alaska—Juneau Harbor Seaplane Base Ketchikan, Alaska—Ketchikan Harbor Seaplane Base Key West, Fla.—Key West International Airport Laredo, Tex.—Laredo International Airport Massena, N.Y.—Richards Field Maverick, Tex.—Maverick County Airport McAllen, Tex.—Miller International Airport Miami, Fla.—Chalk Seaplane Base Miami, Fla.—Miami International Airport Minot, N.Dak.—Minot International Airport Nogales, Ariz.—Nogales International Airport Ogdensburg, N.Y.—Ogdensburg Harbor Ogdensburg, N.Y.—Ogdensburg International Airport Oroville, Wash.—Dorothy Scott Airport Oroville, Wash.—Dorothy Scott Seaplane Base Pembina, N.Dak.—Pembina Municipal Airport Port Huron, Mich.—St. Clair County International Airport Port Townsend, Wash.—Jefferson County International Airport Ranier, Minn.—Ranier Internatioal Seaplane Base Rochester, N.Y.—Rochester-Monroe County Airport Rouses Point, N.Y.—Rouses Point Seaplane Base San Diego, Calif.—San Diego International Airport (Lindbergh Field) Sandusky, Ohio—Griffing-Sandusky Airport Sault Ste. Marie, Mich.—Sault Ste. Marie City-County Airport Seattle, Wash.—King County International Airport Seattle, Wash.—Lake Union Air Service (Seaplanes) Tampa, Fla.—Tampa International Airport Tucson, Ariz.—Tucson International Airport Watertown, N.Y.—Watertown New York International Airport West Palm Beach, Fla.—Palm Beach International Airport Williston, N. Dak.—Sloulin Field International Airport Wrangell, Alaska—Wrangell Seaplane Base Yuma, Ariz.—Yuma International Airport [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 96-44, 61 FR 25778, May 23, 1996; T.D. 99-40, 64 FR 18566, Apr. 15, 1999] § 122.14 Landing rights airport. (a) Permission to land. (1) Scheduled flight. (i) Additional flights, charters or changes in schedule—Scheduled aircraft. (ii) Additional or charter flight. (2) Private aircraft. (3) Other aircraft. (4) Denial or withdrawal of landing rights. (i) Appropriate and/or sufficient Federal Government personnel are not available; (ii) Proper inspectional facilities or equipment are not available at, or maintained by, the requested airport; (iii) The entity requesting the landing rights has a history of failing to abide by appropriate instructions given by a CBP officer; (iv) Reasonable grounds exist to believe that applicable Federal rules and regulations pertaining to safety, including cargo safety and security, CBP, or other inspectional activities may not be adhered to; or (v) CBP has deemed it necessary to deny landing rights to an aircraft. (5) Appeal of denial or withdrawal of landing rights for commercial scheduled aircraft as defined in section 122.1(d). (6) Emergency or forced landing. (b) Payment of expenses. (c) Payment of expenses. (d) Denial or withdrawal of landing rights. (1) Appropriate and/or sufficient Federal Government personnel are not available; (2) Proper inspectional facilities or equipment are not available at, or maintained by, the requested airport; (3) The entity requesting services has failed to abide by appropriate instructions of a Customs officer; (4) Advance cargo information has not been received as provided in § 122.48a; (5) Other reasonable grounds exist to believe that Federal rules and regulations pertaining to safety, including cargo safety and security, and Customs, or other inspectional activities have not been followed; or (6) The granting of the requested landing rights would not be in the best interests of the Government. (e) Appeal of denial or withdrawal. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988. Redesignated and amended by T.D. 92-90, 57 FR 43397, Sept. 21, 1992; T.D. 95-77, 60 FR 50020, Sept. 27, 1995; T.D. 99-27, 64 FR 13675, Mar. 22, 1999; CBP Dec. 03-32, 68 FR 68170, Dec. 5, 2003; CBP Dec. 08-43, 73 FR 68309, Nov. 18, 2008] § 122.15 User fee airports. (a) Permission to land. (b) List of user fee airports. Location Name Addison, Texas Addison Airport. Appleton, Wisconsin Appleton International Airport. Bedford, Massachusetts L.G. Hanscom Field. Belgrade, Montana Bozeman Yellowstone International Airport. Boca Raton, Florida Boca Raton Airport. Broomfield, Colorado Rocky Mountain Metropolitan Airport. Carlsbad, California McClellan-Palomar Airport. Colorado Springs, Colorado City of Colorado Springs Municipal Airport. Conroe, Texas Conroe-North Houston Regional Airport. Dallas, Texas Dallas Love Field Municipal Airport Daytona Beach, Florida Daytona Beach International Airport. Edinburg, Texas South Texas International Airport at Edinburg. Egg Harbor Township, New Jersey Atlantic City International Airport. Englewood, Colorado Centennial Airport. Fort Worth, Texas Fort Worth Alliance Airport. Fort Worth, Texas Fort Worth Meacham International Airport. Fresno, California Fresno Yosemite International Airport. Gypsum, Colorado Eagle County Regional Airport. Harlingen, Texas Valley International Airport. Hayden, Idaho Coeur d'Alene Airport. Hillsboro, Oregon Hillsboro Airport. Ithaca, New York Ithaca Tompkins Regional Airport. Johnson City, New York Greater Binghamton Airport. Lakeland, Florida Lakeland Linder International Airport. Lansing, Michigan Capital Region International Airport. Leesburg, Florida Leesburg International Airport. Lexington, Kentucky Blue Grass Airport. Manchester, New Hampshire Manchester-Boston Regional Airport. Marathon, Florida Florida Keys Marathon Airport. Mascoutah, Illinois MidAmerica St. Louis Airport. McKinney, Texas McKinney National Airport. Melbourne, Florida Orlando Melbourne International Airport. Mesa, Arizona Phoenix-Mesa Gateway Airport. Midland, Texas Midland International Air and Space Port. Morristown, New Jersey Morristown Municipal Airport. Moses Lake, Washington Grant County International Airport. Myrtle Beach, South Carolina Myrtle Beach International Airport. Naples, Florida Naples Municipal Airport. New Windsor, New York New York Stewart International Airport. Orlando, Florida Orlando Executive Airport. Palm Springs, California Palm Springs International Airport. Plattsburgh, New York Plattsburgh International Airport. Rochester, Minnesota Rochester International Airport. Rogers, Arkansas Rogers Executive Airport—Carter Field. San Bernardino, California San Bernardino International Airport. San Antonio, Texas Kelly Field Annex. Santa Ana, California John Wayne Airport. Santa Maria, California Santa Maria Public Airport District. Sarasota, Florida Sarasota/Bradenton International Airport. Savoy, Illinois University of Illinois-Willard Airport. Scottsdale, Arizona Scottsdale Airport. Sheboygan Falls, Wisconsin Sheboygan County Memorial Airport. South Bend, Indiana South Bend International Airport. St. Augustine, Florida Northeast Florida Regional Airport. Stuart, Florida Witham Field Airport. Sugar Land, Texas Sugar Land Regional Airport. Tallahassee, Florida Tallahassee International Airport. Trenton, New Jersey Trenton Mercer Airport. Van Nuys, California Van Nuys Airport. Vero Beach, Florida Vero Beach Regional Airport. Victorville, California Southern California Logistics Airport. Waterford, Michigan Oakland County International Airport. Waukegan, Illinois Waukegan National Airport. West Chicago, Illinois Dupage County Airport. Wheeling, Illinois Chicago Executive Airport. Yoder, Indiana Fort Wayne International Airport. Ypsilanti, Michigan Willow Run Airport. (c) Withdrawal of designation. (1) If either Customs or the airport authority gives 120 days written notice of termination to the other party; or (2) If any amounts due to be paid to Customs are not paid on a timely basis. [T.D. 92-90, 57 FR 43397, Sept. 21, 1992] Editorial Note: For Federal Register www.govinfo.gov. Subpart C—Private Aircraft § 122.21 Application. This subpart applies to all private aircraft as defined in § 122.1(h). No other provisions of this part apply to private aircraft, except where stated in this subpart. § 122.22 Electronic manifest requirement for all individuals onboard private aircraft arriving in and departing from the United States; notice of arrival and departure information. (a) Definitions. Departure. Departure Information. Pilot. Travel Document. United States. (b) Electronic manifest requirement for all individuals onboard private aircraft arriving in the U.S.; notice of arrival General requirement. (2) Time for submission. (i) For flights originally destined for the United States, any time prior to departure of the aircraft, but no later than 60 minutes prior to departure of the aircraft from the foreign port or place; or (ii) For flights not originally destined to the United States, but diverted to a U.S. port due to an emergency, no later than 30 minutes prior to arrival; in cases of non-compliance, CBP will take into consideration that the carrier was not equipped to make the transmission and the circumstances of the emergency situation. (3) Manifest data required. (i) Full name (last, first, and, if available, middle); (ii) Date of birth; (iii) Gender (F = female; M = male); (iv) Citizenship; (v) Country of residence; (vi) Status on board the aircraft; (vii) DHS-Approved travel document type (e.g. passport; alien registration card, etc.); (viii) DHS-Approved travel document number, if a DHS-approved travel document is required; (ix) DHS-Approved travel document country of issuance; if a DHS-approved travel document is required; (x) DHS-Approved travel document expiration date, where applicable; (xi) Alien registration number, where applicable; (xii) Address while in the United States (number and street, city, state, and zip code). This information is required for all travelers including crew onboard the aircraft. (4) Notice of arrival. (i) Aircraft tail number; (ii) Type of Aircraft; (iii) Call sign (if available); (iv) CBP issued decal number (if available); (v) Place of last departure (ICAO airport code, when available); (vi) Date of aircraft arrival; (vii) Estimated time of arrival; (viii) Estimated time and location of crossing U.S. border/coastline; (ix) Name of intended U.S. airport of first landing (as listed in § 122.24 if applicable, unless an exemption has been granted under § 122.25, or the aircraft was inspected by CBP Officers in the U.S. Virgin Islands); (x) Owner/Lessees name (if individual: Last, first, and, if available, middle; or business entity name, if applicable); (xi) Owner/Lessees address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address); (xii) Pilot/Private aircraft pilot name (last, first, middle, if available); (xiii) Pilot license number; (xiv) Pilot street address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address); (xv) Country of issuance of pilot's license; (xvi) Operator name (for individuals: last, first, and if available, middle; or business entity name, if applicable); (xvii) Operator street address (number and street, city, state, zip code, country, telephone number, fax number, and e-mail address); (xviii) Aircraft color(s); (xix) Complete Itinerary (foreign airports landed at within past 24 hours prior to landing in United States); and (xx) 24-hour Emergency point of contact (e.g., broker, dispatcher, repair shop, or other third party contact or individual who is knowledgeable about this particular flight) name (first, last, middle, if available) and phone number. (5) Reliable facilities. (6) Permission to land. (7) Changes to manifest. (8) Pilot responsibility for comparing information collected with travel document. (c) Electronic manifest requirement for all individuals onboard private aircraft departing from the United States; departure information General requirement. (2) Time for submission. (3) Manifest data required. (i) Full name (last, first, and, if available, middle); (ii) Date of birth; (iii) Gender (F = female; M = male); (iv) Citizenship; (v) Country of residence; (vi) Status on board the aircraft; (vii) DHS-Approved travel document type (e.g. passport; alien registration card, etc.); (viii) DHS-Approved travel document number; (ix) DHS-Approved travel document country of issuance, if a DHS-Approved travel document is required; (x) DHS-approved travel document expiration date, where applicable; (xi) Alien registration number, where applicable; (xii) Address while in the United States (number and street, city, state, and zip/postal code). This information is required for all travelers including crew onboard the aircraft. (4) Notice of Departure information. (i) Aircraft tail number; (ii) Type of Aircraft; (iii) Call sign (if available); (iv) CBP issued decal number (if available); (v) Place of last departure (ICAO airport code, when available); (vi) Date of aircraft departure; (vii) Estimated time of departure; (viii) Estimated time and location of crossing U.S. border/coastline; (ix) Name of intended foreign airport of first landing (ICAO airport code, when available); (x) Owner/Lessees name (if individual: last, first, and, if available, middle; or business entity name if applicable); (xi) Owner/Lessees street address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address); (xii) Pilot/Private aircraft pilot name (last, first and, if available, middle); (xiii) Pilot license number; (xiv) Pilot street address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address); (xv) Country of issuance of pilot's license; (xvi) Operator name (if individual: last, first, and if available, middle; or business entity name, if applicable); (xvii) Operator street address (number and street, city, state, zip/postal code, country, telephone number, fax number, and email address); (xviii) 24-hour Emergency point of contact (e.g., broker, dispatcher, repair shop, or other third party contact, or individual who is knowledgeable about this particular flight) name (last, first, middle, if available) and phone number; (xix) Aircraft color(s); and (xx) Complete itinerary (intended foreign airport destinations for 24 hours following departure). (5) Permission to depart. (6) Changes to manifest. (7) Pilot responsibility for comparing information collected with travel document. [CBP Dec. 08-43, 73 FR 68310, Nov. 18, 2008] § 122.23 Certain aircraft arriving from areas south of the U.S. (a) Application. (i) Public aircraft; (ii) Those aircraft operated on a regularly published schedule, pursuant to a certificate of public convenience and necessity or foreign aircraft permit issued by the Department of Transportation, authorizing interstate, overseas air transportation; and (iii) Those aircraft with a seating capacity of more than 30 passenges or a maximum payload capacity of more than 7,500 pounds which are engaged in air transportation for compensation or hire on demand. (See 49 U.S.C. App. 1372 and 14 CFR part 298). (2) The term “place” as used in this section means anywhere outside of the inner boundary of the Atlantic (Coastal) Air Defense Identification Zone (ADIZ) south of 30 degrees north latitude, anywhere outside of the inner boundary of the Gulf of Mexico (Coastal) ADIZ, or anywhere outside of the inner boundary of the Pacific (Coastal) ADIZ south of 33 degrees north latitude. (b) Notice of arrival. (c) Contents of notice. (1) Aircraft registration number; (2) Name of aircraft commander; (3) Number of U.S. citizen passengers; (4) Number of alien passengers; (5) Place of last departure; (6) Estimated time and location of crossing U.S. border/coastline; (7) Estimated time of arrival; (8) Name of intended U.S. airport of first landing, as listed in § 122.24, unless an exemption has been granted under § 122.25, or the aircraft has not landed in foreign territory or is arriving directly from Puerto Rico, or the aircraft was inspected by Customs officers in the U.S. Virgin Islands. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008] § 122.24 Landing requirements for certain aircraft arriving from areas south of U.S. (a) In general. (b) List of designated airports. Location Name Beaumont, Tex Jefferson County Airport. Brownsville, Tex Brownsville International Airport. Calexico, Calif Calexico International Airport. Corpus Christi, Tex Corpus Christi International Airport. Del Rio, Tex Del Rio International Airport. Douglas, Ariz Bisbee-Douglas International Airport. Douglas, Ariz Douglas Municipal Airport. Eagle Pass, Tex Eagle Pass Municipal Airport. El Paso, Tex El Paso International Airport. Fort Lauderdale, Fla Fort Lauderdale Executive Airport. Fort Lauderdale, Fla Fort Lauderdale-Hollywood International Airport. Fort Pierce, Fla St. Lucie County Airport. Houston, Tex William P. Hobby Airport. Key West, Fla Key West International Airport. Laredo, Tex Laredo International Airport. McAllen, Tex Miller International Airport. Miami, Fla Miami International Airport. Miami, Fla Opa-Locka Airport. Miami, Fla Tamiami Airport. Midland, TX Midland International Airport. New Orleans, La New Orleans International Airport (Moissant Field). New Orleans, La New Orleans Lakefront Airport. Nogales, Ariz Nogales International Airport. Presidio, Tex Presidio-Lely International Airport. San Antonio Tex San Antonio International Airport. San Diego, Calif Brown Field. Santa Teresa, N. Mex Santa Teresa Airport. Tampa, Fla Tampa International Airport. Tucson, Ariz Tucson International Airport. West Palm Beach, Fla Palm Beach International Airport. Wilmington, NC New Hanover County Airport Yuma, Ariz Yuma International Airport. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by 89-2, Dec. 21, 1988; T.D. 89-2, 53 FR 51272, Dec. 21, 1988; T.D. 89-44, 54 FR 14214, Apr. 10, 1989; T.D. 93-67, 58 FR 44444, Aug. 23, 1993; T.D. 94-34, 59 FR 16122, Apr. 6, 1994; T.D. 97-35, 62 FR 24815, May 7, 1997; CBP Dec. 08-01, 73 FR 12262, Mar. 7, 2008; CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008] § 122.25 Exemption from special landing requirements. (a) Request. (b) Procedure. (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. (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; (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 § 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. (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 § 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 §§ 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 an aircraft subject to § 122.23 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. [T.D. 89-24, 53 FR 5429, Feb. 3, 1989, as amended by T.D. 89-24, 53 FR 6884, 6988, Feb. 15, 1989; CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008] § 122.26 Entry and clearance. Private aircraft, as defined in § 122.1(h), arriving in the United States as defined in § 122.22, are not required to formally enter. No later than 60 minutes prior to departure from the United States as defined in § 122.22, to a foreign location, manifest data for each individual onboard a private aircraft and departure information must be submitted as set forth in § 122.22(c). Private aircraft must not depart the United States to travel to a foreign location until CBP confirms receipt of the appropriate manifest and departure information as set forth in § 122.22(c), and grants electronic clearance via electronic mail or telephone. [CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008] § 122.27 Documents required. (a) Crewmembers and passengers. (b) Cargo. (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 Regulations (15 CFR parts 730 through 774) 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 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 Pilot certificate/license. (2) Certificate of registration. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 91-61, 56 FR 32086, July 15, 1991; CBP Dec. 04-28, 69 FR 52599, Aug. 27, 2004] § 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 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. (b) Exceptions for scheduled aircraft of a scheduled airline. (c) Giving notice of arrival Procedure Private aircraft. (ii) [Reserved] (iii) Certain aircraft arriving from areas south of the United States. (iv) Other aircraft. (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. (d) Contents of notice. (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. (f) Notice of other Federal agencies. [CBP Dec. 08-43, 73 FR 68312, Nov. 18, 2008, as amended by CBP Dec. 16-06, 81 FR 14953, Mar. 21, 2016] § 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 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. (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. (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. (d) Merchandise and baggage. (e) Mail. § 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. (b) Notice. (1) The intended place of unlading; and (2) The place of preclearance. (c) Time of notice. § 122.38 Permit and special license to unlade and lade. (a) Applicability. (1) Permit to unlade or lade. (2) Special license to unlade or lade. (b) Authorization required. (c) Term permit or special license. (d) Procedures. (e) Waiver of bond. (f) Automatic renewal of term permit or special license. (g) Advance receipt of electronic cargo information. [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] Subpart E—Aircraft Entry and Entry Documents; Electronic Manifest Requirements for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft Arriving In, Continuing Within, and Overflying the United States § 122.41 Aircraft required to enter. All aircraft coming into the United States from a foreign area must make entry under this subpart except: (a) Public and private aircraft; (b) Aircraft chartered by, and transporting only cargo that is the property of, the U.S. Department of Defense (DoD), where the DoD-chartered aircraft is manned entirely by the civilian crew of the air carrier under contract to DoD; and (c) Aircraft traveling from airport to airport in the U.S. under subpart I, relating to residue cargo procedures. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 03-32, 68 FR 68170, Dec. 5, 2003] § 122.42 Aircraft entry. (a) By whom. (b) Place of entry First landing at international airport. (2) First landing at another airport. (c) Delivery of forms. (d) Exception to entry requirement. (1) That such aircraft departs within 24 hours after arrival; (2) No cargo, crew, or passengers are off-loaded; and (3) Landing rights at that airport as either a regular or alternate landing place shall have been previously secured. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 10-29, 75 FR 52452, Aug. 26, 2010; CBP Dec. 16-06, 81 FR 14953, Mar. 21, 2016] § 122.43 General declaration. (a) When required. (b) Exception. I certify to the best of my knowledge and belief that this manifest contains an exact and true account of all cargo on board this aircraft. Signature (Aircraft Commander or Agent) (c) Form. § 122.44 Crew baggage declaration. If an aircraft enters the U.S. from a foreign area, aircraft crewmembers shall file a crew baggage declaration as provided in subpart G, part 148 of this chapter. § 122.45 Crew list. (a) When required. (b) Exception. (c) Form. (1) On the general declaration in the column headed “Total Number of Crew”; or (2) On a separate, clearly marked document. (d) Crewmembers returning as passengers. § 122.46 Crew purchase list. (a) When required. (b) Exception. (c) Form. (1) The crew declaration is attached to the general declaration, or to the crew list which in turn is attached to the general declaration; and (2) The statement “Crew purchases as per attached crew declaration” appears on the general declaration or crew list. § 122.47 Stores list. (a) When required. (b) Form. (c) Contents Required listing. (i) Alcoholic beverages, cigars, cigarettes and narcotic drugs, whether domestic or foreign; (ii) Bonded merchandise arriving as stores; (iii) Foreign merchandise arriving as stores; and (iv) Equipment which must be licensed by the Secretary of State (see § 122.48(b)). (2) Other articles. (d) Other statutes. § 122.48 Air cargo manifest. (a) When required. (b) Exception. (c) Form. (d) Unaccompanied baggage. Check No. Description Where from Destination Name of examining officer Disposition The two columns, headed “Name of examining officer” and “Disposition,” are provided on the cargo manifest for the use of Customs officers. Unaccompained unchecked baggage arriving as air express or freight shall be manifested as other air express or freight. (e) Accompanied baggage in transit. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 89-1, 53 FR 51255, Dec. 21, 1988; T.D. 02-51, 67 FR 55721, Aug. 30, 2002; CBP Dec. 03-32, 68 FR 68170, Dec. 5, 2003] § 122.48a Electronic information for air cargo required in advance of arrival. (a) General requirement. (1) Cargo remaining aboard aircraft; cargo to be entered under bond. (2) Diplomatic Pouches and Diplomatic Cargo. (b) Time frame for presenting data Nearby foreign areas. (2) Other foreign areas. (c) Party electing to file advance electronic cargo data Other filer. (i) An Automated Broker Interface (ABI) filer (importer or its Customs broker) as identified by its ABI filer code; (ii) A Container Freight Station/deconsolidator as identified by its FIRMS (Facilities Information and Resources Management System) code; (iii) An Express Consignment Carrier Facility as identified by its FIRMS code; or, (iv) An air carrier as identified by its carrier IATA (International Air Transport Association) code, that arranged to have the incoming air carrier transport the cargo to the United States. (2) Eligibility. (3) Nonparticipation by other party. (4) Required information in possession of third party. (5) Party receiving information believed to be accurate. (d) Non-consolidated/consolidated shipments. (1) Cargo information from air carrier. (i) Air waybill number (M) (A) (The air waybill number is the International Air Transport Association (IATA) standard 11-digit number); (ii) Trip/flight number (M); (iii) Carrier/ICAO (International Civil Aviation Organization) code (M) (The approved electronic data interchange system supports both 3- and 2-character ICAO codes, provided that the final digit of the 2-character code is not a numeric value); (iv) Airport of arrival (M) (The 3-alpha character ICAO code corresponding to the first airport of arrival in the Customs territory of the United States (for example, Chicago O'Hare = ORD; Los Angeles International Airport = LAX)); (v) Airport of origin (M) (The 3-alpha character ICAO code corresponding to the airport from which a shipment began its transportation by air to the United States (for example, if a shipment began its transportation from Hong Kong (HKG), and it transits through Narita, Japan (NRT), en route to the United States, the airport of origin is HKG, not NRT)); (vi) Scheduled date of arrival (M); (vii) Total quantity based on the smallest external packing unit (M) (A) (for example, 2 pallets containing 50 pieces each would be considered as 100, not 2); (viii) Total weight (M) (A) (may be expressed in either pounds or kilograms); (ix) Precise cargo description (M) (A) (for consolidated shipments, the word “Consolidation” is a sufficient description for the master air waybill record; for non-consolidated shipments, a precise cargo description or the 6-digit Harmonized Tariff Schedule (HTS) number must be provided (generic descriptions, specifically those such as “FAK” (“freight of all kinds”), “general cargo”, and “STC” (“said to contain”) are not acceptable)); (x) Shipper name and address (M) (A) (for consolidated shipments, the identity of the consolidator, express consignment or other carrier, is sufficient for the master air waybill record; for non-consolidated shipments, the name of the foreign vendor, supplier, manufacturer, or other similar party is acceptable (and the address of the foreign vendor, etc., must be a foreign address); by contrast, the identity of a carrier, freight forwarder or consolidator is not acceptable); (xi) Consignee name and address (M) (A) (for consolidated shipments, the identity of the container station (see 19 CFR 19.40-19.49), express consignment or other carrier is sufficient for the master air waybill record; for non-consolidated shipments, the name and address of the party to whom the cargo will be delivered is required regardless of the location of the party; this party need not be located at the arrival or destination port); (xii) Consolidation identifier (C); (xiii) Split shipment indicator (C) (see paragraph (d)(3) of this section for the specific data elements that must be presented to CBP in the case of a split shipment); (xiv) Permit to proceed information (C) (this element includes the permit-to-proceed destination airport (the 3-alpha character ICAO code corresponding to the permit-to-proceed destination airport); and the scheduled date of arrival at the permit-to-proceed destination airport); (xv) Identifier of other party which is to submit additional air waybill information (C); (xvi) In-bond information (C) (this data element includes the destination airport; the international/domestic identifier (the in-bond type indicator); the in-bond control number, if there is one (C); and the onward carrier identifier, if applicable (C)); (xvii) Local transfer facility (C) (this facility is a Container Freight Station as identified by its FIRMS code, or the warehouse of another air carrier as identified by its carrier code); and (xviii) Flight departure message (M) (this data element includes the liftoff date and liftoff time using the Greenwich Mean Time (GMT)/Universal Time, Coordinated (UTC) at the time of departure from each foreign airport en route to the United States; if an aircraft en route to the United States stops at one or more foreign airports and cargo is loaded on board, the flight departure message must be provided for each departure). (2) Cargo information from carrier or other filer. (i) The master air waybill number and the associated house air waybill number (M) (A) (the house air waybill number may be up to 12 alphanumeric characters (each alphanumeric character that is indicated on the paper house air waybill document must be included in the electronic transmission; alpha characters may not be eliminated)); (ii) Foreign airport of origin (M) (The 3-alpha character ICAO code corresponding to the airport from which a shipment began its transportation by air to the United States (for example, if a shipment began its transportation from Hong Kong (HKG), and it transits through Narita, Japan (NRT), en route to the United States, the airport of origin is HKG, not NRT)); (iii) Cargo description (M) (A) (a precise description of the cargo or the 6-digit Harmonized Tariff Schedule (HTS) number must be provided); (iv) Total quantity based on the smallest external packing unit (M) (A) (for example, 2 pallets containing 50 pieces each would be considered as 100, not 2); (v) Total weight of cargo (M) (A) (may be expressed in either pounds or kilograms); (vi) Shipper name and address (M) (A) (the name of the foreign vendor, supplier, manufacturer, or other similar party is acceptable (and the address of the foreign vendor, etc., must be a foreign address); by contrast, the identity of a carrier, freight forwarder or consolidator is not acceptable); (vii) Consignee name and address (M) (A) (the name and address of the party to whom the cargo will be delivered is required regardless of the location of the party; this party need not be located at the arrival or destination port); and (viii) In-bond information (C) (this data element includes the destination airport; the international/domestic identifier (the in-bond type indicator); the in-bond control number, if there is one (C); and the onward carrier identifier, if applicable (C)). (3) Additional cargo information from air carrier; split shipment. (i) The master and house air waybill number (M) (The master air waybill number is the IATA standard 11-digit number; the house air waybill number may be up to 12 alphanumeric characters (each alphanumeric number that is indicated on the paper house air waybill must be included in the electronic transmission; alpha characters may not be eliminated)); (ii) The trip/flight number (M); (iii) The carrier/ICAO code (M) (The approved electronic data interchange system supports both 3- and 2-character ICAO codes, provided that the final digit of the 2-character code is not a numeric value); (iv) The airport of arrival (M) (The 3-alpha character ICAO code corresponding to the first airport of arrival in the Customs territory of the United States (for example, Chicago O'Hare = ORD; Los Angeles International Airport = LAX)); (v) The airport of origin (M) (The 3-alpha character ICAO code corresponding to the airport from which a shipment began its transportation by air to the United States (for example, if a shipment began its transportation from Hong Kong (HKG), and it transits through Narita, Japan (NRT), en route to the United States, the airport of origin is HKG, not NRT)); (vi) Scheduled date of arrival (M); (vii) The total quantity of the cargo covered by the house air waybill based on the smallest external packing unit (M) (For example, 2 pallets containing 50 pieces each would be considered as 100, not 2); (viii) The total weight of the cargo covered by the house air waybill (M) (May be expressed in either pounds or kilograms); (ix) Description (M) (This description should mirror the precise level of cargo description information that is furnished to the incoming carrier by the other electronic filer, if applicable (see paragraph (c)(1) of this section)); (x) Permit-to-proceed information (C) (This element includes the permit-to-proceed destination airport (the 3-alpha character ICAO code corresponding to the permit-to-proceed destination airport); and the scheduled date of arrival at the permit-to-proceed destination airport); (xi) Boarded quantity (C) (The quantity of the cargo covered by the house air waybill (see paragraph (d)(3)(vii) of this section) that is included in the incoming portion of the split shipment); and (xii) Boarded weight (C) (The weight of the cargo covered by the house air waybill (see paragraph (d)(3)(viii) of this section) that is included in the incoming portion of the split shipment). [CBP Dec. 03-32, 68 FR 68170, Dec. 5, 2003, as amended at CBP Dec. 08-46, 73 FR 71782, Nov. 25, 2008; CBP Dec. 09-39, 74 FR 52677, Oct. 14, 2009; CBP Dec. 18-05, 83 FR 27404, June 12, 2018] § 122.48b Air Cargo Advance Screening (ACAS). (a) General requirement. (b) Time frame for presenting data. Initial filing. (2) Update of ACAS filing. (c) Parties filing ACAS data Inbound air carrier. (2) Other filers. (i) All parties eligible to elect to file advance electronic cargo data listed in § 122.48a(c); and (ii) Foreign Indirect Air Carriers. For purposes of this section, “foreign indirect air carrier” (FIAC) is defined as any person, not a citizen of the United States, who undertakes indirectly to engage in the air transportation of property. A FIAC may volunteer to be an ACAS filer and accept responsibility for the submission of accurate and timely ACAS filings, as well as for taking the necessary action to address any referrals and Do-Not-Load (DNL) instructions when applicable. (3) ACAS filer requirements. (i) Establish the communication protocol required by CBP for properly transmitting an ACAS filing through a CBP-approved electronic data interchange system; (ii) Possess the appropriate bond containing all the necessary provisions of § 113.62, § 113.63, or § 113.64 of this chapter; (iii) Report all of the originator codes that will be used to file ACAS data. If at any time, ACAS filers wish to utilize additional originator codes to file ACAS data, the originator code must be reported to CBP prior to its use; and (iv) Provide 24 hours/7 days a week contact information consisting of a telephone number and email address. CBP will use the 24 hours/7 days a week contact information to notify, communicate, and carry out response protocols for Do-Not-Load (DNL) instructions, even if an electronic message is sent. (4) Nonparticipation by other party. (5) Required information in possession of third party. (6) Party receiving information believed to be accurate. (7) Retention of government-issued photo identification document copies. (d) ACAS data elements. (1) Mandatory data elements. i.e., (i) Shipper name and address; (ii) Consignee name and address; (iii) Consignee email address (the email address for the party identified under paragraph (d)(1)(ii) of this section); (iv) Consignee phone number (the phone number for the party identified under paragraph (d)(1)(ii) of this section); (v) Cargo description; (vi) Total quantity based on the smallest external packing unit; (vii) Total weight of cargo; (viii) Air waybill number (the air waybill number must be the same in the filing required by this section and the filing required by § 122.48a); (ix) Shipment packing location and/or scheduled shipment pickup location (The shipment packing location is the name and address of the location where the cargo was initially made ready for transportation before the cargo arrives at the location where the cargo will be loaded on the aircraft. The scheduled shipment pickup location is the name and address of the location where the cargo is scheduled to transfer from the custody of the shipper to the custody of the inbound air carrier or other party arranging for and/or delivering the cargo to the inbound air carrier.); and (x) Ship to party (the name and address of the first deliver-to party scheduled to physically receive a shipment after the shipment is released from CBP custody). (2) Conditional data element: master air waybill number. (i) When the ACAS filer is a different party than the party that will file the advance electronic air cargo data required by § 122.48a. To allow for earlier submission of the ACAS filing, the initial ACAS filing may be submitted without the MAWB number, as long as the MAWB number is later submitted by the ACAS filer or the inbound air carrier according to the applicable ACAS time frame for data submission in paragraph (b) of this section; or (ii) When the ACAS filer is transmitting all the data elements required by § 122.48a according to the applicable ACAS time frame for data submission; or (iii) When the inbound air carrier would like to receive from CBP a check on the ACAS status of a specific shipment. If the MAWB number is submitted, either by the ACAS filer or the inbound air carrier, CBP will provide this information to the inbound air carrier upon request. (3) Conditional data element: verified Known Consignor Information. (4) Conditional data elements that may be required when there is not a Verified Known Consignor. (i) Definitions. Customer Logistics provider (ii) Data elements required for each ACAS filing. (A) Shipper email address (the email address for the party identified under paragraph (d)(1)(i) of this section); (B) Shipper phone number (the phone number for the party identified under paragraph (d)(1)(i) of this section); (C) Customer account shipping frequency/volume (the nature of the business relationship between the customer and the logistics provider that issued the lowest level air waybill, expressed as one of the following applicable codes representing the frequency and volume of shipments conducted within that business relationship: shipping outlet/walk-in, immediate transaction, occasional shipper, regular/daily shipper, or high-volume shipper); and (D) Customer account billing type (the method of payment used by the customer to pay for the shipping transaction). (iii) Data elements required for customer account shipping frequency/volume assigned shipping outlet/walk-in, occasional shipper, regular/daily shipper, or high-volume shipper codes. (A) Customer account name. When the customer account shipping frequency/volume, paragraph (d)(4)(ii)(C) of this section, is assigned the high-volume shipper, regular/daily shipper, or occasional shipper codes, this is the name of the customer. However, when the customer account shipping frequency/volume data element, paragraph (d)(4)(ii)(C) of this section, is assigned the shipping outlet/walk-in code, this is the name of the shipping outlet or other party that accepted the cargo from the customer; (B) Customer account issuer. The customer account issuer is the party that engaged with the party identified under the customer account name, paragraph (d)(4)(iii)(A) of this section, for the purposes of importing cargo into the United States by air, identified by the applicable code: Air Waybill prefix, CBP Filer Code, or ACAS Originator Code; (C) Customer account number. The customer account number is the identifier assigned by the customer account issuer, identified under paragraph (d)(4)(iii)(B) of this section, to represent the customer account name, identified under paragraph (d)(4)(iii)(A) of this section; (D) Customer account establishment date. The customer account establishment date is the date the party identified as the customer account name, paragraph (d)(4)(iii)(A) of this section, established an account with the party identified as the customer account issuer, paragraph (d)(4)(iii)(B) of this section; and (E) Unmasked internet protocol (IP) address or media access control (MAC) address of the device used during account creation (If the customer account establishment date under paragraph (d)(4)(iii)(D) of this section is after November 21, 2025, the ACAS filer must transmit the unmasked IP or MAC address of the device used during the creation of the account between the parties identified under the customer account name, paragraph (d)(4)(iii)(A) of this section, and customer account issuer, paragraph (d)(4)(iii)(B) of this section.). (iv) Data elements required for customer account shipping frequency/volume assigned shipping outlet/walk-in, immediate transaction, or occasional shipper codes. (A) Shipping cost. The shipping cost is the total amount of charges, reported in U.S. dollars, assessed by the carrier, freight forwarder, or other logistics provider to deliver the cargo including, but not limited to, taxes, insurance, and other applicable costs. Alternatively, an estimated shipping cost is acceptable when the total amount of charges will be assessed after the ACAS filing is transmitted, or when the ACAS filer is not the carrier, freight forwarder, or other logistics provider that assessed the total amount of charges to deliver the shipment. (B) Unmasked internet protocol (IP) address or media access control (MAC) address of the device used to initiate the shipping transaction and the unmasked IP address or MAC address of the device used to file the ACAS filing each time an ACAS filing is transmitted. (v) Data elements required only in certain situations. ( 1 ( 2 (B) Link to product listing and unmasked internet protocol (IP) address or media access control (MAC) address of the device used by the consignee to purchase the product. This data element is required when a consignee, who does not have an account with the logistics provider that issued the lowest level air waybill, initiates a cargo shipment by conducting a transaction on any internet store or online marketplace platform. When this data element is required, the ACAS filer must transmit: ( 1 ( 2 ( 3 2 (5) Optional data elements. (i) Second Notify Party. The ACAS filer may choose to designate a Second Notify Party to receive shipment status messages from CBP. (ii) Origin of shipment. The International Standards Organization (ISO) country code representing the country where the cargo was tendered for shipment. (iii) Declared value. Declared value is the U.S. fair market value of the cargo in U.S. dollars. (iv) Harmonized commodity code. The Harmonized commodity code is the applicable Harmonized Tariff Schedule (HTS) code at the 6-digit or 10-digit level. (v) Transaction type. The CBP-specified code that best represents the transactional relationship between the shipper and the consignee ( e.g., (vi) Special handling type. The CBP-specified special handling code or dangerous goods code applicable to certain cargo shipments. (vii) Customer account email address. The email address associated with the account identified under paragraph (d)(4)(iii)(A) of this section. (viii) Customer account phone number. The phone number associated with the account identified under paragraph (d)(4)(iii)(A) of this section. (ix) Shipper Manufacturer Identification (MID) code or Authorized Economic Operator (AEO) information. The MID code or AEO number and code representing the designating body for the party identified as the shipper under paragraph (d)(1)(i) of this section. (x) Consignee importer of record number. The consignee importer of record number is the U.S. Social Security number, the Internal Revenue Service number, the Employer Identification Number (EIN), or the CBP-assigned number used as the importer of record number by the party identified as the consignee under paragraph (d)(1)(ii) of this section. (xi) Regulated agent name, address, and code. The name, address, and code associated with a party that ensures security controls for the transportation of cargo by air in accordance with standards established by a CBP-recognized body. (xii) ACAS filing type. The CBP-specified filing code that represents the nature of the handling and transportation of the cargo shipment ( e.g., (xiii) Any additional data elements listed in § 122.48a or any additional information regarding ACAS data elements may be provided and are encouraged. (e) ACAS referrals Potential referrals. (i) Referral for information. (ii) Referral for screening. (2) ACAS referral resolution. (i) Referral for information. (ii) Referral for screening. (3) Prohibition on transporting cargo with unresolved ACAS referrals. (f) Do-Not-Load (DNL) instructions. (2) As provided in paragraph (c)(3)(iv) of this section, all ACAS filers must provide a telephone number and email address that is monitored 24 hours/7 days a week in case a Do-Not-Load (DNL) instruction is issued. All ACAS filers and/or inbound air carriers, as applicable, must respond and fully cooperate when the entity is reached by phone and/or email when a Do-Not-Load (DNL) instruction is issued. The party with physical possession of the cargo will be required to carry out the Do-Not-Load (DNL) protocols and the directions provided by law enforcement authorities. (3) The inbound air carrier may not transport cargo with a Do-Not-Load (DNL) instruction. [CBP Dec. 18-05, 83 FR 27405, June 12, 2018, as amended by CBP Dec. 25-08, 90 FR 52843, Nov. 21, 2025] § 122.49 Correction of air cargo manifest or air waybill. (a) Shortages Reporting. (i) On a Customs Form 5931, filled out and signed by the importer and the importing or bonded carrier; or (ii) On a Customs Form 5931, filled out and signed by the importer alone under § 158.3 of this chapter; or (iii) On a copy of the cargo manifest, which shall be marked “Shortage Declaration,” and must list the merchandise involved and the reasons for the shortage. (2) Time to file. (3) Evidence. (i) Shortage merchandise was not imported, or was properly disposed of; or (ii) That corrective action was taken. This proof shall be kept in the carrier file for one year from the date of aircraft entry. (b) Overages Reporting. (i) On a Customs Form 5931; or (ii) On a separate copy of the cargo manifest which is marked “Post Entry” and lists the overage merchandise and the reason for the overage. (2) Time to file. (3) Evidence. (c) Statement on cargo manifest. I declare to the best of my knowledge and belief that the discrepancy described herein occurred for the reason stated. I also certify that evidence to support the explanation of the discrepancy will be retained in the carrier's files for a period of at least one year and will be made available to Customs on demand. Signature (Aircraft Commander or Agent) (d) Notice by port director. (e) Correction not required. (1) The port director is satisfied that the difference between the quantity of bulk merchandise listed on the manifest or air waybill, and the quantity unladen, is the usual difference caused by absorption or loss of moisture, temperature, faulty weighing at the airport, or other such reason; and (2) The marks or numbers on merchandise packages are different from the marks or numbers listed on the cargo manifest for those packages if the quantity and description of the merchandise is given correctly. (f) Statutes applicable. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 98-74, 63 FR 51288, Sept. 25, 1998] § 122.49a Electronic manifest requirement for passengers onboard commercial aircraft arriving in the United States. (a) Definitions. Appropriate official. Carrier. Commercial aircraft. Crew Member. Departure. Emergency. Passenger. Securing the aircraft. United States. (b) Electronic arrival manifest General Basic requirement. (ii) Transmission of manifests. (A) Non-interactive batch transmission option. (B) Interactive batch transmission option. (C) Interactive individual passenger information transmission option. (D) Combined use of interactive methods. (E) Certification. (2) Place and time for submission. (i) For manifests transmitted under paragraph (b)(1)(ii)(A) or (B) of this section, no later than 30 minutes prior to the securing of the aircraft; (ii) For manifest information transmitted under paragraph (b)(1)(ii)(C) of this section, no later than the securing of the aircraft; (iii) For flights not originally destined to the United States but diverted to a U.S. port due to an emergency, no later than 30 minutes prior to arrival; in cases of non-compliance, CBP will take into consideration whether the carrier was equipped to make the transmission and the circumstances of the emergency situation; and (iv) For an aircraft operating as an air ambulance in service of a medical emergency, no later than 30 minutes prior to arrival; in cases of non-compliance, CBP will take into consideration whether the carrier was equipped to make the transmission and the circumstances of the emergency situation. (3) Information required. (i) Full name (last, first, and, if available, middle); (ii) Date of birth; (iii) Gender (F = female; M = male); (iv) Citizenship; (v) Country of residence; (vi) Status on board the aircraft; (vii) Travel document type ( e.g. (viii) Passport number, if a passport is required; (ix) Passport country of issuance, if a passport is required; (x) Passport expiration date, if a passport is required; (xi) Alien registration number, where applicable; (xii) Address while in the United States (number and street, city, state, and zip code), except that this information is not required for U.S. citizens, lawful permanent residents, or persons who are in transit to a location outside the United States; (xiii) Passenger Name Record locator, if available; (xiv) International Air Transport Association (IATA) code of foreign port/place where transportation to the United States began (foreign port code); (xv) IATA code of port/place of first arrival (arrival port code); (xvi) IATA code of final foreign port/place of destination for in-transit passengers (foreign port code); (xvii) Airline carrier code; (xviii) Flight number; and (xix) Date of aircraft arrival. (c) Exception. (d) Carrier responsibility for comparing information collected with travel document. (e) Sharing of manifest information. [CBP Dec. 05-12, 70 FR 17852, Apr. 7, 2005, as amended by CBP Dec. 07-64, 72 FR 48342, Aug. 23, 2007; CBP Dec. 09-02, 74 FR 2836, Jan. 16, 2009; CBP Dec. 09-14, 74 FR 25388, May 28, 2009] § 122.49b Electronic manifest requirement for crew members and non-crew members onboard commercial aircraft arriving in, continuing within, and overflying the United States. (a) Definitions. All-cargo flight. Carrier. Crew member. et seq. Flight continuing within the United States. Flight overflying the United States. Non-crew member. Territorial airspace of the United States. (b) Electronic arrival manifest General requirement. (2) Place and time for submission; certification; changes to manifest Place and time for submission. (A) With respect to aircraft arriving in and overflying the United States, no later than 60 minutes prior to departure of the aircraft from the foreign port or place of departure, and with respect to aircraft continuing within the United States, no later than 60 minutes prior to departure from the U.S. port of arrival; (B) For a flight not originally destined to arrive in the United States but diverted to a U.S. port due to an emergency, no later than 30 minutes prior to arrival; in cases of noncompliance, CBP will take into consideration that the carrier was not equipped to make the transmission and the circumstances of the emergency situation; and (C) For an aircraft operating as an air ambulance in service of a medical emergency, no later than 30 minutes prior to arrival; (ii) Certification. (iii) Changes to manifest. (3) Information required. (i) Full name (last, first, and, if available, middle); (ii) Date of birth; (iii) Place of birth (city, state—if applicable, country); (iv) Gender (F = female; M = male); (v) Citizenship; (vi) Country of residence; (vii) Address of permanent residence; (viii) Status on board the aircraft; (ix) Pilot certificate number and country of issuance (if applicable); (x) Travel document type ( e.g. (xi) Passport number, if a passport is required; (xii) Passport country of issuance, if a passport is required; (xiii) Passport expiration date, if a passport is required; (xiv) Alien registration number, where applicable; (xv) Passenger Name Record locator, if available; (xvi) International Air Transport Association (IATA) code of foreign port/place where transportation to the United States began or where the transportation destined to the territorial airspace of the United States began (foreign port code); (xvii) IATA code of port/place of first arrival (arrival port code); (xviii) IATA code of final foreign port/place of destination for (foreign port code); (xix) Airline carrier code; (xx) Flight number; and (xxi) Date of aircraft arrival. (c) Exceptions. (1) Federal Aviation Administration (FAA) Aviation Safety Inspectors with valid credentials and authorization are not subject to the requirement, but the manifest requirement of § 122.49a applies to these inspectors on flights arriving in the United States, as they are considered passengers on arriving flights; (2) For crew members traveling onboard an aircraft chartered by the U.S. Department of Defense that is arriving in the United States, the provisions of this section apply regarding electronic transmission of the manifest, except that: (i) The manifest certification provision of paragraph (b)(2)(ii) of this section is inapplicable; and (ii) The TSA manifest change approval requirement of paragraph (b)(2)(iii) of this section is inapplicable; (3) For crew members traveling onboard an aircraft chartered by the U.S. Department of Defense that is continuing a flight within the United States or overflying the United States, the manifest is not required; (4) For non-crew members traveling onboard an all-cargo flight chartered by the U.S. Department of Defense that is arriving in the United States, the manifest is not required, but the manifest requirement of § 122.49a applies to these persons, as, in this instance, they are considered passengers on arriving flights; and (5) For non-crew members traveling onboard an all-cargo flight chartered by the U.S. Department of Defense that is continuing a flight within the United States or overflying the United States, the manifest is not required. (d) Carrier responsibility for comparing information collected with travel document. (e) Sharing of manifest information. (f) Superseding amendments issued by TSA. [CBP Dec. 05-12, 70 FR 17852, Apr. 7, 2005] § 122.49c Master crew member list and master non-crew member list requirement for commercial aircraft arriving in, departing from, continuing within, and overflying the United States. (a) General requirement. (b) Changes to master lists. (c) Master list information. (1) Full name (last, first, and, if available, middle); (2) Gender; (3) Date of birth; (4) Place of birth (city, state—if applicable, and country); (5) Citizenship; (6) Country of residence; (7) Address of permanent residence; (8) Passport number, if passport required; (9) Passport country of issuance, if passport required; (10) Passport expiration date, if passport required; (11) Pilot certificate number and country of issuance, if applicable; (12) Status onboard the aircraft. (d) Exception. (e) Superseding amendments issued by TSA. [CBP Dec. 05-12, 70 FR 17854, Apr. 7, 2005] § 122.49d Passenger Name Record (PNR) information. (a) General requirement. (b) PNR information defined; PNR information that Customs may request PNR information defined. (2) PNR data that Customs may request. (c) Required carrier system interface with Customs Data Center to facilitate Customs retrieval of requested PNR data Carrier requirements for interface with Customs. (i) Provide Customs with an electronic connection to its reservation system and/or departure control system. (This connection can be provided directly to the Customs Data Center, Customs Headquarters, or through a third party vendor that has such a connection to Customs.); (ii) Provide Customs with the necessary airline reservation/departure control systems' commands that will enable Customs to: (A) Connect to the carrier's reservation/departure control systems; (B) Obtain the carrier's schedules of flights; (C) Obtain the carrier's passenger flight lists; and (D) Obtain data for all passengers listed for a specific flight; and (iii) Provide technical assistance to Customs as required for the continued full and effective interface of the carrier's electronic reservation/departure control systems with the Customs Data Center, in order to ensure the proper response from the carrier's systems to requests for data that are made by Customs. (2) Time within which carrier must interface with Customs Data Center to facilitate Customs access to requested PNR data. (d) Sharing of PNR information with other Federal agencies. [T.D. 02-33, 67 FR 42712, June 25, 2002. Redesignated by CBP Dec. 05-12, 70 FR 17852, Apr. 7, 2005] § 122.50 General order merchandise. (a) Any merchandise or baggage regularly landed but not covered by a permit for its release shall be allowed to remain at the place of unlading until the fifteenth calendar day after landing. No later than 20 calendar days after landing, the pilot or owner of the aircraft or the agent thereof shall notify Customs of any such merchandise or baggage for which entry has not been made. Such notification shall be provided in writing or by any appropriate Customs-authorized electronic data interchange system. Failure to provide such notification may result in assessment of a monetary penalty of up to $1,000 per bill of lading against the pilot or owner of the aircraft or the agent thereof. If the value of the merchandise on the bill is less than $1,000, the penalty shall be equal to the value of such merchandise. (b) Any merchandise or baggage that is taken into custody from an arriving carrier by any party under a Customs-authorized permit to transfer or in-bond entry may remain in the custody of that party for 15 calendar days after receipt under such permit to transfer or 15 calendar days after arrival at the port of destination. No later than 20 calendar days after receipt under the permit to transfer or 20 calendar days after arrival under bond at the port of destination, the party shall notify Customs of any such merchandise or baggage for which entry has not been made. Such notification shall be provided in writing or by any appropriate Customs-authorized electronic data interchange system. If the party fails to notify Customs of the unentered merchandise or baggage in the allotted time, he may be liable for the payment of liquidated damages under the terms and conditions of his custodial bond (see § 113.63(c)(4) of this chapter). (c) In addition to the notification to Customs required under paragraphs (a) and (b) of this section, the carrier (or any other party to whom custody of the unentered merchandise has been transferred by a Customs authorized permit to transfer or in-bond entry) shall provide notification of the presence of such unreleased and unentered merchandise or baggage to a bonded warehouse certified by the port director as qualified to receive general order merchandise. Such notification shall be provided in writing or by any appropriate Customs-authorized electronic data interchange system and shall be provided within the applicable 20-day period specified in paragraph (a) or (b) of this section. It shall then be the responsibility of the bonded warehouse proprietor to arrange for the transportation and storage of the merchandise or baggage at the risk and expense of the consignee. The arriving carrier (or other party to whom custody of the merchandise was transferred by the carrier under a Customs-authorized permit to transfer or in-bond entry) is responsible for preparing a Customs Form (CF) 6043 (Delivery Ticket), or other similar Customs document as designated by the port director or an electronic equivalent as authorized by Customs, to cover the proprietor's receipt of the merchandise and its transport to the warehouse from the custody of the arriving carrier (or other party to whom custody of the merchandise was transferred by the carrier under a Customs-authorized permit to transfer or in-bond entry) ( see (d) If the carrier or any other party to whom custody of the unentered merchandise has been transferred by a Customs-authorized permit to transfer or in-bond entry fails to timely relinquish custody of the merchandise to a Customs-approved bonded General Order warehouse, the carrier or other party may be liable for liquidated damages equal to the value of that merchandise under the terms and conditions of his international carrier or custodial bond, as applicable. (e) If the bonded warehouse operator fails to take possession of unentered and unreleased merchandise or baggage within five calendar days after receipt of notification of the presence of such merchandise or baggage under this section, he may be liable for the payment of liquidated damages under the terms and conditions of his custodial bond (see § 113.63(a)(1) of this chapter). If the port director finds that the warehouse proprietor cannot accept the goods because they are required by law to be exported or destroyed ( see see (f) In ports where there is no bonded warehouse authorized to accept general order merchandise, or if merchandise requires specialized storage facilities that are unavailable in a bonded facility, the port director, after having received notice of the presence of unentered merchandise or baggage in accordance with the provisions of this section, shall direct the storage of the merchandise by the carrier or by any other appropriate means. (g) Merchandise taken into the custody of the port director pursuant to section 490(b), Tariff Act of 1930, as amended (19 U.S.C. 1490(b)), shall be sent to a general order warehouse after 1 day after the day the aircraft arrived, to be held there at the risk and expense of the consignee. [T.D. 98-74, 63 FR 51288, Sept. 25, 1998, as amended by T.D. 02-65, 67 FR 68033, Nov. 8, 2002] Subpart F—International Traffic Permit § 122.51 Aircraft of domestic origin registered in the U.S. After Customs inspection of the aircraft, passengers, baggage and merchandise at the entry airport, commercial aircraft of domestic origin registered in the U.S. may be allowed to proceed to other airports in the U.S. without permit. § 122.52 Aircraft of foreign origin registered in the U.S. (a) Application. (b) Aircraft entered as an imported article. (1) Port where entry was made; (2) Date duty, if any, was paid; and (3) Number of the entry. (c) Aircraft not entered as imported article Treatment as other than an imported article. (i) Is used only for commercial purposes between the U.S. and foreign areas; and (ii) Will leave the U.S. for a foreign destination in commercial use or carrying neither passengers nor cargo. (2) Treatment as an imported article. (i) Is withdrawn from commercial use between the U.S. and foreign areas; or (ii) Is used in the U.S. in a way not reasonably related to efficient commercial use of the aircraft between the U.S. and foreign areas. (3) Aircraft damage and duty payment Substantial damage to commercial aircraft. (ii) Less than substantial damage and export. (iii) Less than substantial damage and no export. (A) Entry is required to be made for the damaged aircraft or any salvageable part of it; and (B) A duty payment, if applicable, based on the condition of the aircraft following the accident, is required. § 122.53 Aircraft of foreign registry chartered or leased to U.S. air carriers. Aircraft of foreign registry leased or chartered to a U.S. air carrier, while being operated by the U.S. air carrier under the provisions of the Federal Aviation Administration regulations (14 CFR 121.153), shall be treated as U.S. registered aircraft for purposes of this subpart. § 122.54 Aircraft of foreign registry. (a) Application. (1) Is not an imported article; and (2) Is ferried (proceeds carrying neither passengers nor cargo) from the airport of first arrival to one or more airports in the U.S. (For permit to proceed with residue cargo, passengers, or crewmembers for discharge in the U.S., see subpart I of this part). (b) International traffic permit. (1) Type of aircraft; (2) Nationality and registration number of aircraft; (3) Name and country of aircraft manufacturer; (4) Name of aircraft commander; (5) Country from which aircraft arrived; (6) Name and location of airport where international traffic permit is issued; (7) Date international traffic permit is issued; (8) Name and location of airport to which aircraft is proceeding; (9) Purpose of stay in the U.S.; (10) Signature of Customs officer giving permit. (c) Permit on board. (d) Intermediate airports. (1) Name and location of the airport; (2) Date and arrival time; (3) Purpose of the visit; (4) Name and location of the next airport to be visited; and (5) Date and time of departure. (e) Final airport. (f) Port of issue. (g) Enforcement. Subpart G—Clearance of Aircraft and Permission To Depart § 122.61 Aircraft required to clear. (a) Private aircraft leaving the United States as defined in § 122.22, for a foreign area are required to clear as set forth in § 122.26. All other aircraft, except for public aircraft leaving the United States for a foreign area, are required to clear if: (1) Carrying passengers and/or merchandise for hire; or (2) Taking aboard or discharging passengers and/or merchandise for hire in a foreign area. (b) Any aircraft used by members of air travel clubs are required to clear, and foreign aircraft traveling under a permit to proceed shall also clear. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008] § 122.62 Aircraft not otherwise required to clear. (a) Bureau of the Census. (b) Bureau of Industry and Security. (c) Department of State. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 93-61, 58 FR 41425, Aug. 4, 1993; CBP Dec. 04-28, 69 FR 52599, Aug. 27, 2004; 69 FR 54179, Sept. 2, 2004] § 122.63 Scheduled airlines. The aircraft commander or agent shall request clearance or permission to depart for aircraft of scheduled airlines covered by this subpart. (a) Clearance at other than airport of final departure. (b) Clearance at final departure airport. § 122.64 Other aircraft. Clearance or permission to depart shall be requested by the aircraft commander or agent for aircraft covered by this subpart other than those of scheduled airlines. The request must be made to the director of the port of entry (regardless of whether it is an international airport) nearest the final departure airport. § 122.65 Failure to depart. Once an aircraft has been cleared or given permission to depart it must depart within 72 hours. The aircraft commander or agent shall report promptly to the port director if departure is delayed beyond or cancelled within 72 hours after the aircraft received clearance or permission to depart. § 122.66 Clearance or permission to depart denied. If advance electronic air cargo information is not received as provided in § 192.14 of this chapter, Customs and Border Protection may deny clearance or permission for the aircraft to depart from the United States. [CBP Dec. 03-32, 68 FR 68173, Dec. 5, 2003] Subpart H—Documents Required for Clearance and Permission To Depart; Electronic Manifest Requirements for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft Departing From the United States § 122.71 Aircraft departing with no commercial export cargo. (a) Application. (1) Such aircraft may clear by telephone in advance with the director of the port of departure if departing empty or carrying only: (i) Passengers for hire; or (ii) Non-commercial cargo for which Electronic Export Information (EEI) is not required. (2) If not cleared by telephone, an air cargo manifest containing the following statement, signed by the aircraft commander or agent, must be submitted to CBP: I declare to the best of my knowledge and belief that there is no cargo on board this aircraft. Signature (Aircraft Commander or Agent) (b) Timeliness. (c) Documentation. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 17-06, 82 FR 32238, July 13, 2017] § 122.72 Aircraft departing with commercial export cargo. If an aircraft with export cargo leaves the U.S. for any foreign area, a general declaration, if required, an air cargo manifest and any required Electronic Export Information (EEI), must be filed in accordance with this subpart for all cargo on the aircraft, and for the aircraft itself if exported as merchandise. See § 122.79 for special requirements regarding shipments to U.S. possessions. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 17-06, 82 FR 32238, July 13, 2017] § 122.73 General declaration and air cargo manifest. (a) General declaration Form. (2) Preparation and filing. (3) Exception. (b) Air cargo manifest Form. I declare that all statements contained in this manifest, including the account of the cargo on board this aircraft, are complete, exact, and true to the best of my knowledge. Signature (Aircraft Commander or Agent) (2) Preparation and filing. (i) Complete form, with all required Electronic Export Information (EEI) filing citations, exclusions, and/or exemption legends (see § 122.75); or (ii) Incomplete form (pro forma) under § 122.74. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 17-06, 82 FR 32238, July 13, 2017] § 122.74 Incomplete (pro forma) manifest. (a) Application Shipments to foreign countries. (2) Shipments to Puerto Rico. (b) Exceptions. (1) During any time covered by a proclamation of the President that a state of war exists between foreign nations; or (2) If the aircraft is departing on a flight from the U.S. directly or indirectly to a foreign country listed in § 4.75 of this chapter. Note to paragraph ( b In both cases, a complete air cargo manifest and all required Shipper's Export Declarations shall be filed with the port director before the aircraft will be cleared. (c) Filing under bond. (1) Shipments to foreign countries. (2) Shipments to and from Puerto Rico. (3) Shipments to U.S. possessions. (d) Declaration required. (1) All required documents will be filed within the 4-day bond period; or (2) All required documents will be filed within the 7-day bond period. Once all documents have been filed, a statement as required by § 122.75(b) shall be made. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 93-61, 58 FR 41425, Aug. 4, 1993; CBP Dec. 17-06, 82 FR 32238, July 13, 2017] § 122.75 Complete manifest. (a) Contents. (1) Shipments on an air waybill. (2) Direct departure. (b) Statement required. The annotated EEI filing citations, exclusions, and/or exemption legends represent a full and complete enumeration and description of the cargo carried in this flight except that listed on the cargo manifest. (2) If an incomplete set of documents has been filed and is later completed, the following statement must accompany the EEI filing citations, exclusions, and/or exemption legends and any required air cargo manifests: The annotated EEI filing citations, exclusions, and/or exemption legends represent a full and complete enumeration and description of the cargo carried on aircraft No. ________, Flight No. ________ cleared direct for ________, on ________ except cargo listed on any cargo manifest required to be filed for such flight. Airline Authorized Agent [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 17-06, 82 FR 32239, July 13, 2017] § 122.75a Electronic manifest requirement for passengers onboard commercial aircraft departing from the United States. (a) Definitions. (b) Electronic departure manifest General Basic requirement. (ii) Transmission of manifests. (A) Non-interactive batch transmission option. (B) Interactive batch transmission option. (C) Interactive individual passenger information transmission option. (D) Combined use of interactive methods. (E) Certification. (2) Place and time for submission. (i) For manifests transmitted under paragraph (b)(1)(ii)(A) and (B) of this section, no later than 30 minutes prior to the securing of the aircraft; (ii) For manifest information transmitted under paragraph (b)(1)(ii)(C) of this section, no later than the securing of the aircraft; and (iii) For an aircraft operating as an air ambulance in service of a medical emergency, no later than 30 minutes after departure. (3) Information required. (i) Full name (last, first, and, if available, middle); (ii) Date of birth; (iii) Gender (F = female; M = male); (iv) Citizenship; (v) Status on board the aircraft; (vi) Travel document type ( e.g. (vii) Passport number, if a passport is required; (viii) Passport country of issuance, if a passport is required; (ix) Passport expiration date, if a passport is required; (x) Alien registration number, where applicable; (xi) Passenger Name Record locator, if available; (xii) International Air Transport Association (IATA) departure port code; (xiii) IATA code of port/place of final arrival (foreign port code); (xiv) Airline carrier code; (xv) Flight number; and (xvi) Date of aircraft departure. (c) Exception. (d) Carrier responsibility for comparing information collected with travel document. (e) Sharing of manifest information. [CBP Dec. 05-12, 70 FR 17855, Apr. 7, 2005, as amended by CBP Dec. 07-64, 72 FR 48344, Aug. 23, 2007] § 122.75b Electronic manifest requirement for crew members and non-crew members onboard commercial aircraft departing from the United States. (a) Definitions. (b) Electronic departure manifest General requirement. (2) Place and time for submission; certification; change to manifest Place and time for submission. (ii) Certification. (iii) Changes to manifest. (3) Information required. (i) Full name (last, first, and, if available, middle); (ii) Date of birth; (iii) Place of birth (city, state—if applicable, country); (iv) Gender (F = female; M = male); (v) Citizenship; (vi) Address of permanent residence; (vii) Status on board the aircraft; (viii) Pilot certificate number and country of issuance (if applicable); (ix) Travel document type ( e.g. (x) Passport number, if a passport is required; (xi) Passport country of issuance, if a passport is required; (xii) Passport expiration date, if a passport is required; (xiii) Alien registration number, where applicable; (xiv) Passenger Name Record locator, if available; (xv) International Air Transport Association (IATA) departure port code; (xvi) IATA code of port/place of final arrival (foreign port code); (xvii) Airline carrier code; (xviii) Flight number; and (xix) Date of aircraft departure. (c) Exceptions. (1) Federal Aviation Administration (FAA) Aviation Safety Inspectors with valid credentials and authorization are not subject to the requirement, but the manifest requirement of § 122.75a applies to these inspectors, as they are considered passengers on departing flights; (2) For crew members traveling onboard departing aircraft chartered by the U.S. Department of Defense, the provisions of this section apply regarding electronic transmission of the manifest, except that: (i) The manifest certification provision of paragraph (b)(2)(ii) of this section is inapplicable; and (ii) The TSA manifest change approval requirement of paragraph (b)(2)(iii) of this section is inapplicable; and (3) For non-crew members traveling onboard a departing all-cargo flight chartered by the U.S. Department of Defense, the manifest is not required, but the manifest requirement of § 122.75a applies to these persons, as, in this instance, they are considered passengers on departing flights. (d) Carrier responsibility for comparing information collected with travel document. (e) Sharing of manifest information. (f) Master crew member and non-crew member lists. (g) Superseding amendments issued by TSA. [CBP Dec. 05-12, 70 FR 17855, Apr. 7, 2005] § 122.76 Electronic Export Information (EEI) filing citations, exclusions, and/or exemption legends and inspection certificates. (a) Electronic Export Information (EEI) Other than shipments to Puerto Rico. (2) Shipments to Puerto Rico. (b) Inspection certificates. [T.D. 93-61, 58 FR 41426, Aug. 4, 1993, as amended by CBP Dec. 17-06, 82 FR 32239, July 13, 2017] § 122.77 Clearance certificate. (a) Aircraft departing from the U.S. (b) Scheduled aircraft. § 122.78 Entry or withdrawal for exportation or for transportation and exportation. If a shipment is exported under an entry or withdrawal for exportation, or for transportation and exportation, the air cargo manifest, the air waybill, or the consignment note attached to the manifest shall clearly show the following information for each entry or withdrawal: (a) Number; (b) Date; and (c) Class of entry or withdrawal, as follows: (1) Transportation and exportation; (2) Withdrawal for transportation and exportation; (3) Immediate exportation; (4) Withdrawal for exportation; or (5) Withdrawal for transportation. The name of the port where the entry or withdrawal was filed, if not the port where the merchandise is laden for exportation, shall also appear on the air cargo manifest. § 122.79 Shipments to U.S. possessions. (a) Other than Puerto Rico. (b) Puerto Rico. [CBP Dec. 17-06, 82 FR 32239, July 13, 2017] § 122.80 Verification of statement. Customs officers may verify any of the statements required under this subpart by examining the shipping records of the airline involved. Subpart I—Procedures for Residue Cargo and Stopover Passengers § 122.81 Application. (a) Aircraft arriving with cargo. (b) Aircraft arriving with no cargo. § 122.82 Bond requirements. A bond on Customs Form 301, containing the bond provisions set forth in subpart G of part 113 of this chapter, shall be filed before an aircraft is given a permit to proceed with residue cargo under this subpart. The bond shall be filed in the correct amount with the director of the entry airport. § 122.83 Forms required. (a) Traveling general declaration and manifest. (b) Attachments to traveling general declaration and manifest Crew purchase and stores list. (2) Crew purchases not listed on a crew purchase list. (i) Crew purchases are listed on a crew declaration, Customs Form 5129, instead of on the crew purchase list, under § 122.46(c)(2); and (ii) The crew member has not left the aircraft with his or her purchase at the first entry port. The crew member's declaration must be attached at the port where the articles listed on the declaration receive clearance. (c) Abstract general declaration and manifest. (1) Not yet examined and released by Customs or any other Federal agency; and (2) To be discharged at another domestic or foreign airport. An abstract general declaration and manifest need not be filed at the last domestic port of discharge. (d) Permit to proceed. Permit To Proceed From One Airport to Another Airport of Departure Date Permission is hereby given aircraft __________ to proceed to __________ (Next Domestic Airport) The aircraft which has arrived from and is destined to the places shown in the general declaration, is proceeding to such places of destination to discharge residue cargo, passengers, or crew members and their purchases, as listed in the attached manifest. Bond was given at the airport of arrival for the cargo retained on board. Items of cargo manifested for delivery at this airport appear to have been landed. Number of crew members not cleared by Customs ________. Number of passengers not cleared by Customs ________. Number of pages of the traveling manifest ________. (Customs Officer and Title) Declaration on Entry of Aircraft at Following Airport Airport of Arrival Date I, __________, commander or authorized agent of the aircraft identified in this document, declare and guarantee that there were not, when such aircraft departed from the airport of ________, nor have been since, nor now are, any more or other goods, wares, or merchandise on board than was stated in the attached manifests. (Signature and Title) The permit to proceed and declaration must be stamped, mimeographed or printed on: (1) The abstract general declaration; (2) The traveling general declaration when an abstract general declaration is not required; or (3) A separate sheet of paper. (e) Permit to proceed for nonscheduled aircraft. (f) Use of form. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988; T.D. 00-22, 65 FR 16518, Mar. 29, 2000] § 122.84 Intermediate airport. (a) Application. (b) Entry. (1) Abstract general declaration and manifest; (2) Traveling general declaration and manifest; and (3) Permit to proceed. The Declaration on Entry of Aircraft at Following Airport, (c) Crew declarations. (d) Departure. § 122.85 Final airport. When an aircraft enters at the last domestic airport of discharge, the traveling general declaration and manifest shall be filed with Customs and kept at the airport. No abstract general declaration and manifest is required. § 122.86 Substitution of aircraft. (a) Application. (b) Clearance and entry. (c) Identification. (d) Transporting cargo Forwarding. (2) Conditions. § 122.87 Other requirements. Section 4.85 of this chapter, relating to vessels with residue cargo for domestic ports, applies to aircraft residue cargo, except as stated in this subpart. § 122.88 Aircraft carrying domestic (stopover) passengers. Airlines that commingle domestic (stopover) passengers (that is, passengers who have already cleared Customs at their port of arrival and are continuing on another aircraft to a second U.S. destination) with international passengers who are continuing on the flight to their port of arrival and have not yet cleared Customs, must comply with certain requirements before being issued a permit to proceed. The carriers requirements are as follows: (a) The domestic (stopover) passengers must be transported on U.S.-registered aircraft, or foreign-registered aircraft of the same foreign airline that brought them into the U.S. (b) A $2.00 charge must be paid for each revenue producing domestic (stopover) passenger reinspected in the U.S. (see § 24.12 of this chapter). (c) Arrangements must be made for the checked baggage of all passengers requiring inspection on the previously described flights to be off-loaded and made available for examination in the Federal inspection area at the destination port (intermediate or final) where an inspection is to take place. (d) All stopover passengers shall be notified in writing, prior to boarding, that they will be subject to full reinspection by Customs. This written notification shall contain the following language: “Notice to all boarding passengers: You are boarding an aircraft on which passengers will be arriving in the U.S. from foreign destinations. These passengers have not yet cleared U.S. Customs. Accordingly, you will be subject to a full reinspection by Customs at your final U.S. port of entry.” (e) Domestic (stopover) passengers shall be provided a Customs declaration identified by the words “Domestic Flight”. The domestic (stopover) passenger is only required to complete items 1-4 on that declaration. (f) The carrier shall present to Customs, as otherwise required by law, the permit to proceed and/or the general declaration, clearly stating the number of domestic (stopover) passengers to be reinspected upon arrival at the destination port (intermediate or final) where an inspection of passengers is to take place. Subpart J—Transportation in Bond and Merchandise in Transit § 122.91 Application. This subpart applies to the transportation in bond of merchandise arriving in the U.S. by aircraft and entered: (a) For immediate transportation to another airport without appraisement; or (b) For transportation through the U.S. and later exportation by aircraft. § 122.92 Procedure at port of origin. (a) Forms required Customs Form 7512 or other document. (2) Air Waybill. (i) Contain the information required of a universal air waybill as recognized and accepted by the International Air Transport Association (IATA), be legible and in the English language; (ii) Display a unique 11-digit number, the first three digits being the air carrier's identification code; (iii) Display the number of packages based on the smallest external packaging unit ( e.g., (iv) Display the name of the final port of destination in the U.S. or the name of the ultimate country of destination of the cargo indicated by available air carrier shipping documents. The ultimate destination must be shown even though the air transportation may be scheduled to terminate in a country prior to the cargo's final destination; (v) Be modified to contain the following information which should appear in a block or attachment in the upper right-hand corner as in this example. The numbers 1-8 correspond to the descriptions that follow; the numbers do not have to appear on the AWB: (1) Origin (2) Entry Type (3) Destination (4) Importing Carrier/Flight Number/Arrival Date (5) Bonded Carrier/Exporter (6) Date (7) Signature of Carrier's Agent (or Exporter) (8) Customs Officer Date The item numbers correspond to the following information: Item 1—Origin— Item 2—Entry type— Item 3—Destination— Item 4—Importing Carrier/Flight Number/Arrival Date— Item 5—Bonded Carrier/Exporter— Item 6—Date— Item 7—Signature of Carrier's Agent (or Exporter)— Item 8—Customs Officer/Date— (b) Delivery of Customs form to carrier Merchandise entered for immediate transportation without appraisement. (2) Merchandise entered for transportation and exportation. (3) After delivery. (c) Receipt and supervision. (d) Split shipment Departure within 24 hours. (2) Departure not within 24 hours. (e) Transhipment. (f) Sealing not required. (g) Warning labels. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 92-82, 57 FR 38276, Aug. 24, 1992; T.D. 00-22, 65 FR 16518, Mar. 29, 2000; CBP Dec. 17-13, 82 FR 45405, Sept. 28, 2017] § 122.93 Procedure at destination or exportation airport. (a) Delivery to port director. (b) Delivery to consignee. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988; T.D. 00-22, 65 FR 16518, Mar. 29, 2000] § 122.94 Certificate of lading for exportation. (a) Required filing. (b) Clearance not at place of final departure. (1) Promptly report arrival of any bonded merchandise for export to the Customs officer in charge at that place; and (2) Submit to the Customs officer in charge the certificate received at the place the merchandise was taken on board. The clearance certificate is kept by the Customs officer in charge until departure. This procedure shall be followed at each place of landing before final departure. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988; T.D. 00-22, 65 FR 15618, Mar. 29, 2000] § 122.95 Other provisions. Part 18 of this chapter (Transportation in Bond and Merchandise in Transit) applies to the transportation of merchandise under this subpart unless stated otherwise. Subpart K—Accompanied Baggage in Transit § 122.101 Entry of accompanied baggage. Passengers who enter the U.S. on one aircraft and depart to a foreign area on another aircraft with accompanying baggage shall either: (a) Submit their baggage to Customs for inspection; or (b) Arrange with the importing carrier for the baggage to be processed under regular in-transit procedures. When passengers choose not to have access to their baggage while in the U.S., the baggage shall be listed on the Air Cargo Manifest as provided in § 122.48. § 122.102 Inspection of baggage in transit. (a) General baggage in transit may be inspected upon arrival, while in transit, and upon exportation. Carriers shall present in-transit baggage for inspection at any time found necessary by the port director. (b) In-transit baggage shall be presented to a Customs officer for inspection and clearance before the baggage can be delivered to a passenger while in the U.S. Subpart L—Transit Air Cargo Manifest (TACM) Procedures § 122.111 Application. Cargo (including manifested baggage) which arrives and is transported under Customs control in, through, or from, the U.S. may be transported in bond under this subpart. If cargo is not transported under this subpart, it shall be transported under other provisions of this chapter. (See subparts I and J of this part, and parts 18 and 123 of this chapter.) § 122.112 Definitions. The following definitions apply in this subpart: (a) Transit air cargo. (b) Port of arrival. (c) Transfer or transferred. (d) Transit air cargo manifest. § 122.113 Form for transit air cargo manifest procedures. A manifest on Customs Form 7509 is required for transit air cargo, as provided in § 122.48(c) of this part. The words “Transportation Entry and Transit Air Cargo Manifest” shall be printed, stamped or marked on the form and on all copies of the form required for transit air cargo movement. § 122.114 Contents. (a) Form duplicates original manifest. (b) Shipments shown on manifest Country of exportation. (i) Only air cargo shipments from one exporting country, with the name of the country shown in the heading; or (ii) Air cargo shipments from several exporting countries, with the name of the exporting country shown in the “Nature of Goods” column. (2) Shipment to same port. (i) The same Customs port of destination; (ii) The same Customs port for later exportation; or (iii) Direct exportation from the port of arrival. (c) Information required. (1) The foreign port of lading; (2) The date the aircraft arrived at the port of arrival; (3) Each U.S. port where Customs services will be necessary due to transit air cargo procedures; and (4) The final port of destination in the U.S., or the foreign country of destination, for each shipment. The foreign country destination shown on the manifest must be the final destination, as shown by airline shipping documents, even though airline transport may be scheduled to end before the shipment arrives at the final destination. (d) Corrections. § 122.115 Labeling of cargo. A warning label, as required by § 18.4(e) of this chapter, shall be attached to all transit air cargo not directly exported from the port of arrival before the cargo leaves the port of arrival. § 122.116 Identification of manifest sheets. When the original cargo manifest for the aircraft on which the cargo arrives is presented by the aircraft commander or its authorized agent at the port of arrival, a manifest number will be given to the aircraft entry documents by Customs. The number given shall be used by the airline to identify all copies of the transit air cargo manifest. All copies of the manifest shall be correctly numbered before cargo will be released from the port of arrival as transit air cargo. § 122.117 Requirements for transit air cargo transport. (a) Transportation Port to port. (i) Is a common carrier for the transportation of bonded merchandise; and (ii) Has the required Customs bond on file. (2) Exportation from port of arrival. (b) Receipt Requirements. (2) Contents. Received the cargo listed herein for delivery to Customs at the port of destination or exportation shown above, or for direct exportation. Name of carrier (or exporter) Attorney or agent of carrier (or exporter) Date (c) Responsibility for transit air cargo Direct exportation. (2) Other than direct exportation. (3) Carting. (4) Importing airlines. (i) Give a receipt for the air cargo; (ii) File an appropriate bond; and (iii) Deliver the cargo to an authorized domestic carrier for in-bond transportation from the port of arrival. The importing carrier's bond covers the transportation. (d) Split shipments. (1) By § 122.92(d) under a single combined entry and manifest; (2) By § 122.118(d); or (3) By § 122.119(e), permitting the use of a surface carrier for transport. Otherwise, all shipments on the transit air cargo manifest shall be separately documented and transported under the regular procedures for transportation of merchandise in bond (See subpart J). [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 98-74, 63 FR 51289, Sept. 25, 1998] § 122.118 Exportation from port of arrival. (a) Application. (b) Time. (c) Transit air cargo manifest copies. (1) Review copy. (2) Exportation copy. (3) Clearance copy. The exportation and clearance copies shall show the exporting airline's receipt for the cargo, aircraft number, flight number, and the date. (d) Direct export on different aircraft. (e) Direct export by another airline. (f) Post entered air cargo. (g) Review. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 17-13, 82 FR 45405, Sept. 28, 2017] § 122.119 Transportation to another U.S. port. (a) Application. (b) Time. (c) Transit air cargo manifest copies. (d) Failure to deliver on time Procedure. (i) On the permit copy kept at the port of arrival; and (ii) Obtained from the carriers as necessary. The director of the port of arrival shall notify the airline that presented a receipt for the cargo that there has been a failure to deliver. (2) Responsibility of airline. (e) Surface movement to port of destination. (1) The bond of the party receiving the cargo for surface movement must cover the transfer and surface movement; (2) The description of the cargo on the transit air cargo manifest must be complete; (3) The entire shipment listed in the transit air cargo manifest must be shipped from the port of arrival to the port of destination by the same surface carrier; and (4) The requirements of § 122.114(b) must be followed. [T.D. 88-12, 54 FR 9292, Mar. 22, 1988; T.D. 00-22, 65 FR 16518, Mar. 29, 2000, as amended by CBP Dec. 17-13, 82 FR 45405, Sept. 28, 2017] § 122.120 Transportation to another port for exportation. (a) Application. (b) Supervision From port of arrival to exportation port. (2) At exportation port. (c) Time. (d) Transit air cargo manifest copies. (1) Port of arrival. (2) Port of exportation. (i) Carrier manifest copy. (ii) Exportation and clearance copies. (e) Delivery to exporting airline. (f) Storage by exporting airline. (g) Export license Review. (2) Information inadequate. (3) When license or other requirement applies. (h) Filing of exportation and clearance copies Information. (i) The aircraft number; (ii) The aircraft flight number; and (iii) The date. (2) Filing. (i) Cargo not laden at same airport by same airline. (1) For transportation and exportation under subpart J of this part; or (2) For direct exportation under § 18.25 of this chapter. (j) Cargo laden on more than one aircraft of same airline. (k) Failure to deliver. [T.D. 88-12, 53 FR 9292, Mar. 25, 1988, as amended by T.D. 98-74, 63 FR 51289, Sept. 25, 1998; T.D. 00-22, 65 FR 16518, Mar. 29, 2000; CBP Dec. 17-13, 82 FR 45405, Sept. 28, 2017] Subpart M—Aircraft Liquor Kits § 122.131 Application. (a) Liquor and tobacco. (1) Duty-free and tax-free liquor and tobacco; and (2) Duty-paid and tax-paid liquor and tobacco which has been placed in the same liquor kit as duty-free and tax-free liquor and tobacco. (b) Aircraft. (1) Duty-free and tax-free liquor and tobacco withdrawn from bond under section 309, Tariff Act of 1930, as amended (19 U.S.C. 1309); or (2) Other liquor or tobacco on which duty or taxes have not been paid. This includes any aircraft carrying duty-free and tax-free liquor under 19 U.S.C. 1309, or other Federal law, although the aircraft is not required to enter, clear or report arrival. § 122.132 Sealing of aircraft liquor kits. (a) Sealing required. (b) Exception. (1) The liquor kits are kept on board the aircraft; and (2) The port director finds that sealing is not required for revenue protection. (c) Seals to be used. (d) Removing seals. (1) A Customs officer; or (2) Authorized airline personnel, in an authorized airline in-bond liquor storeroom. (e) Resealing. § 122.133 Stores list required on arrival. (a) When required, contents. (1) Number of full bottles; (2) Number of partially filled bottles; and (3) Total number of bottles. If the carrier chooses not to state the type of liquor for each size bottle, any duty or taxes assessed for any shortage shall be set at the highest rate available for the alcoholic beverages in the kit. (b) Disposition of stores list copies. (1) One copy shall be filed with the inward cargo manifest; and (2) One copy shall be kept for filing with the outward cargo manifest if the liquor kit was laden for export. (c) For aircraft not required to enter and/or clear. (1) One copy shall be given to the Customs officer upon arrival; and (2) One copy shall be kept to be given to the Customs officer before departure of the aircraft. (d) When stores list not prepared. § 122.134 When airline does not have in-bond liquor storeroom. (a) Handling of liquor kits. (1) Kept on board the aircraft; (2) Removed and replaced upon the aircraft; or (3) Removed and replaced aboard another aircraft. (b) Sealing of kits. (c) Restocking. § 122.135 When airline has in-bond liquor storeroom. (a) Restocking. (b) Inventory record. (c) Airline employees. (1) A list of names of all airline employees authorized to break Customs seals on liquor kits in the in-bond liquor storeroom; and (2) Signature samples of the authorized employees. (d) Opening of aircraft liquor kits. (e) Contents of liquor kits. (1) Evidence of seal tampering; (2) Difference between the seal numbers on the liquor kits and those recorded on the stores list; and (3) Differences in quantity as shown on the stores list. (f) Handling the liquor kits Partial bottles. (2) Exportation. (3) Sealing. § 122.136 Outgoing stores list. (a) Preparation. (b) Use of copies. (1) One copy shall be placed and kept in the outgoing kits until the aircraft leaves the U.S.; and (2) One copy must be filed either with the outgoing cargo manifest (for aircraft required to clear) or with Customs before departing, as provided in § 122.133(c). In both cases, the third copy of the inward stores list shall be filed with the outgoing stores list. (See § 122.133(c)). § 122.137 Certificate of use. Any liquor or tobacco withdrawn from the in-bond storeroom and shown on the outgoing stores list shall be recorded, when exported, on a certificate of use prepared by the airline. Subpart N—Flights to and From the U.S. Virgin Islands § 122.141 Definitions. Under subpart N, the following definitions apply: (a) United States. (b) Foreign area. § 122.142 Flights between the U.S. Virgin Islands and a foreign area. (a) Aircraft arriving in the U.S. Virgin Islands. (b) Aircraft leaving the U.S. Virgin Islands. § 122.143 Flights from the U.S. to the U.S. Virgin Islands. (a) In general. (b) Census Bureau. (1) A complete manifest and Electronic Export Information (EEI) as required by 15 CFR part 30 are filed; or (2) An incomplete manifest under 15 CFR 30.47 is filed and the complete manifest and EEI is filed within 7 business days after departure. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 17-06, 82 FR 32239, July 13, 2017] § 122.144 Flights from the U.S. Virgin Islands to the U.S. (a) Aircraft not inspected. (1) On departure. (2) On arrival. (b) Supervision. (c) Procedure. (1) A certificate on Customs Form 7507 shall be presented for aircraft registered in the U.S.: (i) Of domestic origin; or (ii) Of foreign origin, if duty has been paid and the aircraft is proceeding carrying neither passengers nor cargo, or with cargo and/or passengers solely from the U.S. Virgin Islands. Two copies of the certificate shall be given to the inspecting Customs officers in the U.S. Virgin Islands by the aircraft commander. The certificate shall be marked with the port and date of inspection, and must be signed by the inspecting officer. The original of the certificate must be returned to the aircraft commander, who must keep the certificate for a reasonable time after the end of the flight to the U.S. If requested, the certificate shall be presented to Customs. The certificate may be destroyed or disposed of after a reasonable time at the discretion of the aircraft commander or agent. (2) A permit to proceed on Customs Form 7507 shall be presented for aircraft registered in the U.S. which are: (i) Of foreign origin; (ii) Not duty paid; and (iii) Proceeding carrying neither passengers nor cargo. The permit to proceed, as required by subpart F of this part, shall be marked with the port and date of inspection, and shall be signed by the inspecting officer in the U.S. Virgin Islands. (3) A permit to proceed on Customs Form 7507 shall be presented for aircraft registered in a foreign country and proceeding carrying neither passengers nor cargo. The permit to proceed, as required under subpart F of this part, shall be marked with the port and date of inspection, and shall be signed by the inspecting officer in the U.S. Virgin Islands. (4) A permit to proceed, or other document, shall be filed as required under subpart I of this part for an aircraft carrying residue cargo and/or passengers. The permit to proceed shall be marked with the port and date of inspection, and it must be signed by the inspecting officer in the U.S. Virgin Islands. Subpart O [Reserved] Subpart P—Public Aircraft [Reserved] Subpart Q—Penalties § 122.161 In general. Except as provided in subpart S of this part, any person who violates any Customs requirements stated in this part, or any regulation that applies to aircraft under § 122.2, is, in addition to any other applicable penalty, subject to civil penalty of $5,000 as provided by 19 U.S.C. 1644 and 1644a, except for overages, and failure to manifest narcotics or marihuana, in which cases the penalties set forth in section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584) apply, or for failure to report arrival or to present the documents required by § 122.27(c) of this part in which cases the penalties set forth in section 436, Tariff Act of 1930, as amended (19 U.S.C. 1436) apply, and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture, as provided for in the Customs laws. A penalty or forfeiture may be mitigated under part 171 of this chapter. [T.D. 91-61, 56 FR 32086, July 15, 1991, as amended by T.D. 98-74, 63 FR 51289, Sept. 25, 1998] § 122.162 Failure to notify and explain differences in air cargo manifest. (a) Application. (1) The required notice and explanation are not made in time; (2) The port director is not satisfied that the differences were caused by clerical error or other mistake; (3) There has been a loss of revenue to the U.S.; or (4) The port director is not satisfied that there was a valid reason for delay in reporting any differences. (b) Definition. (c) Repeated differences. (d) Knowledge. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999] § 122.163 Transit air cargo traveling to U.S. ports. (a) Application. (1) Shortage in delivery; (2) Irregular delivery; or (3) Non-delivery. (b) Liabilities assessed. (c) Value of merchandise. (1) Any data or documents available to the airline which presented a receipt for the transit air cargo, and available to the importing airline relating to the description and value of the cargo; and (2) Other information available to the port director relating to the same or similar merchandise. If the data or documents required by this section are not submitted within 90 days of the date requested, the port director shall determine value on the basis of other available information. The transit air cargo manifest does not reflect value. § 122.164 Transportation to another port for exportation. If transit air cargo is traveling from the port of arrival to another U.S. port for later exportation, any liquidated damages for shortages or irregular delivery shall be assessed as provided in § 122.163. § 122.165 Air cabotage. (a) The air cabotage law (49 U.S.C. 41703) prohibits the transportation of persons, property, or mail for compensation or hire between points of the U.S. in a foreign civil aircraft. The term “foreign civil aircraft” includes all aircraft that are not of U.S. registration except those foreign-registered aircraft leased or chartered to a U.S. air carrier and operated under the authority of regulations issued by the Department of Transportation, as provided for in 14 CFR 121.153, and those aircraft used exclusively in the service of any government. (b) Customs officers detecting possible violations shall report the matter to Headquarters, Attention: Entry Procedures and Carriers Branch. Liability should not be assessed under 49 U.S.C. Chapter 463 pending instructions from Headquarters since certain limited domestic transportation by foreign civil aircraft is permitted under regulations issued by the Department of Transportation. [T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 98-74, 63 FR 51289, Sept. 25, 1998; T.D. 99-27, 64 FR 13675, Mar. 22, 1999] § 122.166 Arrival, departure, discharge, and documentation. (a) Liability for civil penalties. (1) Advance notification of arrival; (2) Report of arrival; (3) Landing of aircraft; (4) Presentation of documentation; (5) Departure from the port, place, or airport of arrival without authorization; or (6) Discharge of passenger, or merchandise (to include baggage) without authorization. (b) Liability for criminal penalties. (c) Civil and criminal penalties described Civil penalty. (2) Criminal penalty. (3) Additional civil penalty. § 122.167 Aviation smuggling. (a) Civil penalties. (b) Criminal penalties. (c) For purposes of imposing civil penalties under this section, any of the following acts, when performed within 250 miles of the territorial sea of the United States, shall be evidence that the transportation or possession of merchandise was unlawful and shall indicate that the purpose of the transfer was to make it possible for such merchandise, or any part of it, to be introduced into the U.S. unlawfully. For purposes of seizure and forfeiture, the following acts shall be evidence that an aircraft was used in connection with, or to aid or facilitate, a violation of this section; (1) The operation of an aircraft without lights during such times as lights are required to be displayed under applicable law. (2) The presence on an aircraft of an auxiliary fuel tank which is not installed in accordance with applicable law. (3) The failure to correctly identify the aircraft by registration number and country of registration, when requested to do so by a customs officer or other government authority. (4) The external display of false registration numbers or false country of registration. (5) The presence on board of unmanifested merchandise, the importation of which is prohibited or restricted. (6) The presence on board of controlled substances which are not manifested or which are not accompanied by the permits or licenses required under Single Convention on Narcotic Drugs or other international treaty. (7) The presence of any compartment or equipment which is built or fitted out for smuggling. Subpart R—Air Carrier Smuggling Prevention Program Source: T.D. 91-25, 56 FR 12347, Mar. 25, 1991, unless otherwise noted. § 122.171 Description of program. The Air Carrier Smuggling Prevention Program (ACSPP) is designed to enlist the cooperation of the air carriers, as defined in 19 U.S.C. 1584 note, in Customs efforts to prevent the smuggling of controlled substances. If carriers develop and implement thorough and complete internal security procedures at ACSPP designated terminals and foreign departure and intermediate points, the opportunity for their conveyances being used for transportation of controlled substances will be greatly reduced. Participation in the program is voluntary, and may be limited to specific routes. Should a controlled substance be introduced into the United States on a conveyance owned or operated by a participating carrier however, the carrier will be exempt from seizure and penalties should it satisfy the provisions of § 122.175 of this part. The program will be operational for a period of 2 years from December 18, 1989, pursuant to 19 U.S.C. 1584 note. § 122.172 Eligibility. Any air carrier whose international flights arrive at, or depart from, any of the designated test airports, Miami International Airport, Dallas-Fort Worth International Airport, or Los Angeles International Airport, is eligible for participation in the ACSPP. § 122.173 Application procedures. (a) Application. (1) Identifies specific routes and designated departure points and ACSPP airports for which application is made; (2) Certifies that it has developed and will continue to maintain standard operating procedures (SOP) which are designed to safeguard the integrity of its employees, cargo and conveyances. The application shall be accompanied by three (3) copies of the SOP developed by the air carrier. (b) Approval criteria. (1) Assure positive security background checks are performed on all carrier employees, both those employed within the United States and without, who have access to baggage, cargo or secure areas on participating routes, to the extent permitted by law; (2) Assure a system of positive baggage and cargo identification is employed at all terminals used by the carrier; (3) Assure the carrier employs a system to assure that no unmanifested cargo is placed on board the conveyance or brought into the United States on any of their conveyances; (4) Assure the carrier has specific procedures through which it will notify Customs should it discover any unmanifested or improperly manifested cargo on any of its conveyances or in any area subject to its control; (5) Assure the carrier has an effective and practical employee awareness training program in place; and (6) Assure thorough security measures are implemented at all foreign departure points on ACSPP participating routes which will assure that the carrier has control and knowledge of the baggage, cargo, passenger and other materials placed on board its aircraft. (c) Acceptance and notification. [T.D. 91-25, 56 FR 12347, Mar. 25, 1991, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 122.174 Operational procedures. (a) Participating carriers. (1) Provide security personnel for every international arrival participating in the ACSPP to conduct the following procedures: (i) Perform a thorough internal and external search of the arriving aircraft; (ii) Maintain total control of all passengers and cargo being discharged from the aircraft to either the Customs passenger hall or to the carrier's cargo facility; (iii) Verify that all cargo on aircraft is properly manifested, marked and weighed and that piece counts are properly performed; and (iv) Maintain physical security of the aircraft and ramp access to the aircraft while it is being offloaded. (2) Provide security personnel at the foreign point of departure for every international departure which is participating in ACSPP to conduct the following procedures: (i) Perform a thorough internal and external search of the departing aircraft; (ii) Maintain total control of all passengers and cargo being loaded on the aircraft from either the passenger terminal or the carrier's cargo facility; (iii) Verify that all cargo placed on the aircraft is properly manifested, marked and weighed and that piece counts are properly performed; (iv) Maintain physical security of the aircraft and ramp access to the aircraft while it is being loaded; and (v) Maintain similar positive security measures at all foreign intermediate airports prior to the arrival of the aircraft at an ACSPP designated airport. (b) U.S. Customs. (1) Retain all current options available regarding the search and inspection of any and all passengers, cargo and conveyances; and (2) Provide training to carrier personnel to assist the development of proper operational procedures. § 122.175 Exemption from penalties. Should a controlled substance be introduced into the United States or discovered aboard an aircraft owned or operated by a participating carrier, or in cargo carried by a participating carrier, on a route identified by the carrier as one participating in the ACSPP and which has been approved by Customs, the participating air carrier shall be considered to have met the test of highest degree of care and diligence required under law, and shall not be subject to the penalty or seizure provisions of the Tariff Act of 1930, as amended, if the carrier establishes at an oral presentation before the port director or his designee, that the carrier was not grossly negligent nor engaged in willful misconduct, and that it had complied with all the provisions of these regulations. § 122.176 Removal from ACSPP. (a) Grounds for removal from ACSSPP. (1) Acceptance into the program was gained through fraud or the misstatement of a material fact; (2) The carrier refuses or neglects to obey any proper order of a Customs officer or any Customs order, rule, or regulation relative to its cooperation within the program; (3) An officer of the carrier or corporation which has been accepted into the program is convicted of a felony or misdemeanor involving theft, smuggling, or other theft-connected crime which was committed in his or her official capacity as an officer of the carrier, or is convicted of any Customs-related crime; (4) The carrier fails to retain merchandise which has been designated for examination; (5) The carrier does not provide secure facilities or properly safeguard merchandise within its area of control; or (6) The carrier fails to observe any of the procedures which it had set forth in the SOP which served as the basis for the carrier's acceptance into the program; and (7) The carrier has been notified in writing that it has been found in noncompliance with a provision of the program and has failed to correct such noncompliance after having been given a reasonable opportunity to correct such noncompliance. (b) Notice and appeal. (c) Notice of decision. (d) Use of uniform criteria. [T.D. 91-25, 56 FR 12347, Mar. 25, 1991, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991; T.D. 99-27, 64 FR 13675, Mar. 22, 1999] Subpart S—Access to Customs Security Areas Source: T.D. 90-82, 55 FR 42557, Oct. 22, 1990, unless otherwise noted. § 122.181 Definition of Customs security area. For purposes of this section, the term “Customs security area” means the Federal inspection services area at any airport accommodating international air commerce designated for processing passengers, crew, their baggage and effects arriving from, or departing to, foreign countries, as well as the aircraft deplaning and ramp area and other restricted areas designated by the port director. These areas will be posted as restricted to the extent possible and are established for the purpose of prohibiting unauthorized entries or contact with persons or objects. [T.D. 90-82, 55 FR 42557, Oct. 22, 1990, as amended by T.D. 02-40, 67 FR 48984, July 29, 2002] § 122.182 Security provisions. (a) Customs access seal required. (b) Employers responsibility. (c) Application requirements Initial application. (i) The port director may require the applicant to submit fingerprints on form FD-258 or on any other approved medium either at the time of, or following, the filing of the application. If required, the port director will inform the applicant of the current Federal Bureau of Investigation user fee for conducting fingerprint checks and the Customs administrative processing fee, the total of which must be tendered by, or on behalf of, the applicant with the application; and (ii) Proof of citizenship or authorized residency and a photograph may also be required. (2) Reapplication. (d) Background check. (e) Law Enforcement officers and other governmental officials. (f) Replacement access seal. (1) A change in employee name or address; (2) A change in the name or ownership of the employing company; (3) A change in employer or airport authority identification card format; or (4) Loss or theft of the Customs access seal (see § 122.185 of this part). (g) Surrender of access seal. [T.D. 90-82, 55 FR 42557, Oct. 22, 1990, as amended by T.D. 93-18, 58 FR 15773, Mar. 24, 1993; T.D. 02-40, 67 FR 48984, July 29, 2002; 67 FR 51928, Aug. 9, 2002] § 122.183 Denial of access. (a) Grounds for denial. (1) Any cause which would justify a demand for surrender of a Customs access seal or the revocation or suspension of access under § 122.182(g) or § 122.187; (2) Evidence of a pending or past investigation establishing probable cause to believe that the applicant has engaged in any conduct which relates to, or which could lead to a conviction for, a disqualifying offense listed under paragraph (a)(4) of this section; (3) The arrest of the applicant for, or the charging of the applicant with, a disqualifying offense listed under paragraph (a)(4) of this section on which prosecution or other disposition is pending; (4) A disqualifying offense committed by the applicant. For purposes of this paragraph, an applicant commits a disqualifying offense if the applicant has been convicted of, or found not guilty of by reason of insanity, or has committed any act or omission involving, any of the following in any jurisdiction during the 5-year period, or any longer period that the port director deems appropriate for the offense in question, prior to the date of the application submitted under § 122.182 or at any time while in possession of an approved Customs access seal: (i) Forgery of certificates, false marking of aircraft, and other aircraft registration violation (49 U.S.C. 46306); (ii) Interference with air navigation (49 U.S.C. 46308); (iii) Improper transportation of a hazardous material (49 U.S.C. 46312); (iv) Aircraft piracy in the special aircraft jurisdiction of the United States (49 U.S.C. 46502(a)); (v) Interference with flight crew members or flight attendants (49 U.S.C. 46504); (vi) Commission of certain crimes aboard aircraft in flight (49 U.S.C. 46506); (vii) Carrying a weapon or explosive aboard aircraft (49 U.S.C. 46505); (viii) Conveying false information and threats (49 U.S.C. 46507); (ix) Aircraft piracy outside the special aircraft jurisdiction of the United States (49 U.S.C. 46502(b)); (x) Lighting violations involving transportation of controlled substances (49 U.S.C. 46315); (xi) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements (49 U.S.C. 46314); (xii) Destruction of an aircraft or aircraft facility (18 U.S.C. 32); (xiii) Murder; (xiv) Assault with intent to murder; (xv) Espionage; (xvi) Sedition; (xvii) Kidnapping or hostage taking; (xviii) Treason; (xix) Rape or aggravated sexual abuse; (xx) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon; (xxi) Extortion; (xxii) Armed or felony unarmed robbery; (xxiii) Distribution of, or intent to distribute, a controlled substance; (xxiv) Felony arson; (xxv) Felony involving: (A) A threat; (B) Willful destruction of property; (C) Importation or manufacture of a controlled substance; (D) Burglary; (E) Theft; (F) Dishonesty, fraud, or misrepresentation; (G) Possession or distribution of stolen property; (H) Aggravated assault; (I) Bribery; or (J) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than one year; (xxvi) Violence at an airport serving international civil aviation (18 U.S.C. 37); (xxvii) Embezzlement; (xxviii) Perjury; (xxix) Robbery; (xxx) Crimes associated with terrorist activities; (xxxi) Sabotage; (xxxii) Assault with a deadly weapon; (xxxiii) Illegal use or possession of firearms or explosives; (xxxiv) Any violation of a U.S. immigration law; (xxxv) Any violation of a Customs law or any other law administered or enforced by Customs involving narcotics or controlled substances, commercial fraud, currency or financial transactions, smuggling, failure to report, or failure to declare; (xxxvi) Airport security violations; or (xxxvii) Conspiracy or attempt to commit any of the offenses or acts referred to in paragraphs (a)(4)(i) through (a)(4)(xxxv) of this section; (5) Denial or suspension of the applicant's unescorted access authority to a Security Identification Display Area (SIDA) pursuant to regulations promulgated by the U.S. Federal Aviation Administration or other appropriate government agency; or (6) Inability of the applicant's employer or Customs to complete a meaningful background check or investigation of the applicant. (b) Notification of denial. (c) Appeal of denial. (d) Further appeal of denial. [T.D. 90-82, 55 FR 42557, Oct. 22, 1990, as amended by T.D. 02-40, 67 FR 48985, July 29, 2002] § 122.184 Change of identification; change in circumstances of employee; additional employer responsibilities. (a) Change of identification. (b) Change in circumstances of employee. (c) Additional employer responsibilities. [T.D. 02-40, 67 FR 48986, July 29, 2002; 67 FR 51928, Aug. 9, 2002] § 122.185 Report of loss or theft of Customs access seal. The loss or theft of an approved Customs access seal must be promptly reported in writing by the employee to the port director. The Customs access seal may be replaced, as provided in § 122.182(f). [T.D. 02-40, 67 FR 48986, July 29, 2002] § 122.186 Presentation of Customs access seal by other person. If an approved Customs access seal is presented by a person other than the one to whom it was issued, the Customs access seal will be removed and destroyed. An approved Customs access seal may be removed from an employee by any Customs officer designated by the port director. [T.D. 02-40, 67 FR 48986, July 29, 2002] § 122.187 Revocation or suspension of access. (a) Grounds for revocation or suspension of access General. (i) Must immediately revoke or suspend an employee's access to the Customs security area and demand the immediate surrender of the employee's approved Customs access seal for any ground specified in paragraph (a)(2) of this section; or (ii) May propose the revocation or suspension of an employee's access to the Customs security area and the surrender of the employee's approved Customs access seal whenever, in the judgment of the port director, it appears for any ground not specified in paragraph (a)(2) of this section that continued access might pose an unacceptable risk to public health, interest or safety, national security, aviation safety, the revenue, or the security of the area. In this case the port director will provide the employee with an opportunity to respond to the notice of proposed action. (2) Specific grounds. (i) There is probable cause to believe that an approved Customs access seal was obtained through fraud, a material omission, or the misstatement of a material fact; (ii) The employee is or has been convicted of, or found not guilty of by reason of insanity, or there is probable cause to believe that the employee has committed any act or omission involving, an offense listed in § 122.183(a)(4); (iii) The employee has been arrested for, or charged with, an offense listed in § 122.183(a)(4) and prosecution or other disposition of the arrest or charge is pending; (iv) The employee has engaged in any other conduct that would constitute a ground for denial of access to the Customs security area under § 122.183; (v) The employee permits the approved Customs access seal to be used by any other person or refuses to openly display or produce it upon the proper demand of a Customs officer; (vi) The employee uses the approved Customs access seal in connection with a matter not related to his employment or not constituting a duty described in the written justification required by § 122.182(c)(1); (vii) The employee refuses or neglects to obey any proper order of a Customs officer, or any Customs order, rule, or regulation; (viii) For all employees of the bond holder, if the bond required by § 122.182(c) is determined to be insufficient in amount or lacking sufficient sureties, and a satisfactory new bond with good and sufficient sureties is not furnished within a reasonable time; (ix) The employee no longer requires access to the Customs security area for an extended period of time at the airport of issuance because of a change in duties, termination of employment, or other reason; or (x) The employee or employer fails to provide the notification of a change in circumstances as required under § 122.184(b) or (c) or the employee fails to report the loss or theft of a Customs access seal as required under § 122.185. (b) Notice of revocation or (1) Immediate revocation or suspension. (i) Submit a new application for an approved Customs access seal, in accordance with the provisions of § 122.182(c), on or after the 180th calendar day following the date of the final notice of revocation or suspension; or (ii) File a written administrative appeal of the final notice of revocation or suspension with the port director in accordance with paragraph (c) of this section within 30 calendar days of the date of the final notice of revocation or suspension. The appeal may request that a hearing be held in accordance with paragraph (d) of this section, and in that case the appeal also must demonstrate that there is a genuine issue of fact that is material to the revocation or suspension action. (2) Proposed revocation or suspension Issuance of notice. (ii) Final notice Based on nonresponse. (B) Based on response. (c) Appeal procedures Filing of appeal. (2) Action by port director If a hearing is requested. (ii) CMC review. (3) Action by the director. (d) Hearing. (e) Additional written views. (f) Decision. [T.D. 02-40, 67 FR 48986, July 29, 2002; 67 FR 51928, Aug. 9, 2002; 67 FR 54023, Aug. 20, 2002] § 122.188 Issuance of temporary Customs access seal. (a) Conditions for issuance. (b) Validation period. (c) Temporary employees and official visitors. (d) Revocation of denial and access. [T.D. 90-82, 55 FR 42557, Oct. 22, 1990, as amended by T.D. 02-40, 67 FR 48988, July 29, 2002] § 122.189 Bond liability. Any failure on the part of a principal to comply with the conditions of the bond required under § 122.182(c), including a failure of an employer to comply with any requirement applicable to the employer under this subpart, will constitute a breach of the bond and may result in a claim for liquidated damages under the bond. [T.D. 02-40, 67 FR 48988, July 29, 2002]

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