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U.S./Mexican border, or beyond the inner boundary
of the Pacific Coast ADIZ south of 33 degrees north
latitude which have not landed in a foreign place.
This notice requirement may be satisfied by either
filing a flight plan with the FAA and placing ADCUS
in the remarks section of the flight plan or by
contacting Customs directly at least one hour prior to
the inbound crossing of the U.S. border or coastline.
4.2Notice to Customs
4.2.1The notice to Customs required by paragraph
4.1.9 of this section shall include the
following:
4.2.1.1Aircraft registration number.
4.2.1.2Name of aircraft commander.
4.2.1.3Number of U.S. citizen passengers.
4.2.1.4Number of alien passengers.
4.2.1.5Place of last departure.
4.2.1.6Estimated time and location of crossing U.S.
border/coastline.
4.2.1.7Name of U.S. airport of first landing (one of
the designated airports listed in paragraph 6 of this
section, unless an exemption has been granted in
accordance with paragraph 4.5 of this section).
4.2.1.8Estimated time of arrival.
4.3Landing Requirement
4.3.1Private aircraft that are coming from a foreign
place are required to furnish a notice of intended
arrival in compliance with paragraphs 4.1.9 and 4.2
of this section and must land for Customs processing
at the nearest designated airport to the border or
coastline crossing point as listed in paragraph 6 of this
section, unless exempted from this requirement in
accordance with paragraph 4.5 of this section. In
addition to the requirements of this paragraph, private
aircraft commanders must comply with all other
landing and notice of arrival requirements. This
landing requirement shall not apply to private aircraft
that have not landed in a foreign place or are arriving
directly from Puerto Rico.
4.4Private Aircraft Defined
4.4.1For the purpose of this section, private
aircraft" means any civil aircraft not being used to
transport persons or property for compensation or
hire. The term ‘‘person transported for compensation
or hire" means a person who would not be transported
unless there was some payment or other consideration,
including monetary or services rendered, by or
for the person and who is not connected with the
operation of the aircraft or its navigation, ownership,
or business. An aircraft will be presumed to not be
carrying persons or merchandise for hire, and thus
will be a private aircraft for Customs purposes, when
the aircraft is transporting only the aircraft owner’s
employees, invited guests, or the aircraft owner’s
own property. This presumption may be overcome by
evidence that the employees, guests," or property
are being transported for compensation or other
consideration. If an aircraft is used by a group of
individuals, one of whom is the pilot making the
flight for his/her own convenience, and all persons
aboard the aircraft including the pilot contribute
equally toward payment of the expense of operating
the aircraft owned or rented by them, the aircraft
would be considered private.
4.5Exemption from the Landing Requirement
4.5.1The owner or aircraft commander of a private
aircraft required to furnish a notice of intended arrival
in compliance with paragraph 4.1.9 of this section
may request an exemption from the landing
requirement specified in paragraph 4.3 of this section.
If approved, the applicant is bound to comply with all
other requirements, including operating at or above
12,500 feet mean sea level, providing advance notice
of penetration to U.S. Customs at least one hour in
advance of crossing the border or coastline,
furnishing advance notice of arrival at the first
intended airport of landing, etc. The request should be
addressed to the Port Director of U.S. Customs
having jurisdiction over the airport to be utilized most
frequently when arriving from points south of the
U.S. Requests for exemptions can be for either a
single specific flight or term (one year) approval.
Applications for a single overflight exemption must
be received at least 15 days in advance of the intended
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Federal Aviation Administration Nineteenth Edition
date of arrival; for term exemption, at least 30 days in
advance.
4.5.2Air charters or taxi service cannot be granted
an unqualified term exemption since they cannot
reasonably comply with the requirements of a term
application, namely, comprehensive details of the
passengers they will transport in the course of one
　
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