19 C.F.R. Subpart B—Classes of Airports


Title 19 - Customs Duties


Title 19: Customs Duties
PART 122—AIR COMMERCE REGULATIONS

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Subpart B—Classes of Airports

§ 122.11   Designation as international airport.

(a) Procedure. International airports, as defined in §122.1(e), will be designated after due investigation to establish that sufficient need exists in any port to justify such designation and to determine the airport best suited for such purpose. In each case, a specific airport will be chosen. International airports will be publicly owned, unless circumstances require otherwise

(b) Withdrawal of designation. The designation as an international airport may be withdrawn for any of the following reasons:

(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. Each international airport shall provide, without cost to the Federal Government, proper office and other space for the sole use of Federal officials working at the airport. A suitable paved loading area shall be supplied by each airport at a place convenient to the office space. The loading area shall be kept for the use of aircraft entering or clearing through the airport.

§ 122.12   Operation of international airports.

(a) Entry, clearance and charges. International airports are open to all aircraft for entry and clearance at no charge by Customs. However, charges may be assessed by the airport for commercial or private use of the airport.

(b) Servicing of aircraft. When an aircraft enters or clears through an international airport, it shall be promptly serviced by airport personnel solely on the basis of order of arrival or readiness for departure. Servicing charges imposed by the airport operators shall not be greater than the schedule of charges in effect at the airport in question.

(c) FAA rules; denial of permission to land. Federal Aviation Administration rules. International airports shall follow and enforce any requirements for airport operations, including airport rules, that are set out by the Federal Aviation Administration in 14 CFR part 91. In addition, except in the case of an emergency or forced landing (see §122.35), permission to land at an international airport may be denied if advance electronic information for incoming foreign cargo aboard the aircraft has not been received as provided in §122.48a.

(d) Additional requirements. Additional requirements may be put into effect at a particular airport as the needs of the Customs port served by the airport demand.

[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003]

§ 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. Permission to land at a landing rights airport may be given as follows:

(1) Scheduled flight. The scheduled aircraft of a scheduled airline may be allowed to land at a landing rights airport. Permission is given by the director of the port, or his representative, at the port nearest to which first landing is made.

(2) Other aircraft. All other aircraft may be allowed to land at a landing rights airport by the director of the port of entry or station nearest the first place of landing.

(3) Additional flights, charters or changes in schedule—(i) Scheduled aircraft. If a new carrier plans to set up a new flight schedule, or an established carrier makes changes in its approved schedule, landing rights may be granted by the port director.

(ii) Additional or charter flight. If a carrier or charter operator wants to begin operating or to add flights, application shall be made to the port director for landing rights. All requests shall be made not less than 48 hours before the intended time of arrival, except in emergencies. If the request is oral, it shall be put in writing before or at the time of arrival.

(4) Emergency or forced landing. Permission to land is not required for an emergency or forced landing (see §122.35).

(b) Notice to Federal agencies. If an aircraft is given permission to land at a landing rights airport, the Customs officer who granted the landing rights shall notify the Public Health Service, the Immigration and Naturalization Service, the Animal and Plant Health Inspection Service, and any other interested Federal agency at once.

(c) Payment of expenses. In the case of an arrival at a location outside the limits of a port of entry, the owner, operator or person in charge of the aircraft shall pay any added charges for inspecting the aircraft, passengers, employees and merchandise when landing rights are given (see §§24.17 and 24.22(e) of this chapter).

(d) Denial or withdrawal of landing rights. Permission to land at a landing rights airport may be denied or withdrawn for any of the following reasons:

(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. In the event landing rights are denied or withdrawn by the port director, a written appeal of the decision may be made to the Assistant Commissioner, Office of Field Operations, Headquarters.

[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]

§ 122.15   User fee airports.

(a) Permission to land. The procedures for obtaining permission to land at a user fee airport are the same procedures as those set forth in §122.14 for landing rights airports.

(b) List of user fee airports. The following is a list of user fee airports designated by the Commissioner of Customs in accordance with 19 U.S.C. 58b. The list is subject to change without notice. Information concerning service at any user fee airport can be obtained by calling the airport or its authority directly.

 ------------------------------------------------------------------------                Location                               Name------------------------------------------------------------------------Addison, Texas.........................  Addison Airport.Bedford, Massachusetts.................  Hanscom Field.Broomfield, Colorado...................  Jefferson County Airport.Daytona Beach, Florida.................  Daytona Beach International                                          Airport.Decatur, Indiana.......................  Decatur Airport.Eagle, Colorado........................  Eagle County Regional Airport.Edinburg, Texas........................  Edinburg International Airport.Egg Harbor Township, New Jersey........  Atlantic City International                                          Airport.Englewood, Colorado....................  Centennial Airport.Fort Wayne, Indiana....................  Baer Field Airport.Fort Worth, Texas......................  Fort Worth Alliance Airport.Johnson City, New York.................  Binghamton Regional Airport.Lexington, Kentucky....................  Blue Grass Airport.Manchester, New Hampshire..............  Manchester Airport.McKinney, Texas........................  McKinney Municipal Airport.Melbourne, Florida.....................  Melbourne Airport.Mesa, Arizona..........................  Williams Gateway Airport.Midland, Texas.........................  Midland International Airport.Morristown, New Jersey.................  Morristown Municipal Airport.Moses Lake, Washington.................  Port of Moses Lake.Myrtle Beach, South Carolina...........  Myrtle Beach International                                          Airport.Palm Springs, California...............  Palm Springs International                                          Airport.Rochester, Minnesota...................  Rochester Airport.Rogers, Arkansas.......................  Rogers Municipal Airport.Roswell, New Mexico....................  Rowell Air Industrial Center.San Bernardino, California.............  San Bernardino International                                          Airport.Sarasota, Florida......................  Sarasota/Bradenton                                          International Airport.Scottsdale, Arizona....................  Scottsdale Airport.Victorville, California................  Southern California Logistics                                          Airport.Waterford, Michigan....................  Oakland International Airport.Waukegan, Illinois.....................  Waukegan Regional Airport.West Chicago, Illinois.................  Dupage County Airport.West Trenton, New Jersey...............  Trenton Mercer Airport.Wheeling, Illinois.....................  Palwaukee Airport.Wilmington, Ohio.......................  Wilmington Airport.Ypsilanti, Michigan....................  Willow Run Airport.------------------------------------------------------------------------

(c) Withdrawal of designation. The designation as a user fee airport shall be withdrawn under either of the following circumstances:

(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, as amended by T.D. 93–32, 58 FR 25933, Apr. 29, 1993; T.D. 95–2, 59 FR 67622, Dec. 30, 1994; T.D. 95 –62, 60 FR 41804, Aug. 14, 1995; T.D. 96–67, 61 FR 49059, Sept. 18, 1996; T.D. 97–64, 62 FR 37133, July 11, 1997; T.D. 99–9, 64 FR 7502, Feb. 16, 1999; T.D. 00–34, 65 FR 31265, May 17, 2000; T.D. 01–69, 66 FR 49275, Sept. 27, 2001; T.D. 01–70, 66 FR 50104, Oct. 2, 2001; T.D. 02–27, 67 FR 35723, May 21, 2002; CBP Dec. 03–09, 68 FR 42589, July 18, 2003; CBP Dec. 03–22, 68 FR 50698, Aug. 22, 2003; CBP Dec. 05–16, 70 FR 22783, May 3, 2005; CBP Dec. 05–15, 70 FR 22784, May 3, 2005; 71 FR 20006, Apr. 19, 2006; 71 FR 28262, May 16, 2006]

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