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4.2 Notice to Customs
4.2.1 The notice to Customs required by para-graph 4.1.9 of this section shall include the following:
4.2.1.1 Aircraft registration number.
4.2.1.2 Name of aircraft commander.
4.2.1.3 Number of U.S. citizen passengers.
4.2.1.4 Number of alien passengers.
4.2.1.5 Place of last departure.
4.2.1.6 Estimated time and location of crossing U.S. border/coastline.
4.2.1.7 Name 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).
4.2.1.8 Estimated time of arrival.
4.3 Landing Requirement
4.3.1 Private 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.
4.4 Private Aircraft Defined
4.4.1 For 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 consider-ation, 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.
4.5 Exemption from the Landing Requirement
4.5.1 The 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 date of arrival; for term exemption, at least 30 days in advance.
4.5.2 Air 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 year. By submitting all other details, air charters/taxis will accrue the benefit of “conditional” approval. This approval is called conditional because the operator must receive the concurrence of the Port Director prior to each trip. Concurrence will be based upon factors such as the foreign point of departure to the U.S. and the passengers being transported. The benefit realized by the charter/taxi operator is that the time constraints listed above for timely submission of single overflight exemptions can be drastically reduced. Local Customs Ports will establish minimum time frames in accordance with their own requirements.
4.5.3 Required elements of any overflight exemp-tion include the following:
4.5.3.1 Aircraft registration number and serial number.
4.5.3.2 Identification information for the aircraft (make, model, color scheme, and type, such as turboprop, etc.).
4.5.3.3 A statement that the aircraft is equipped with a functioning mode C (altitude reporting) transpond-er which will be in use during the overflight.
　
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