---
kind: "section"
citation: "19 C.F.R. § 122.61"
title: "19"
number: "122.61"
heading: "Aircraft required to clear."
url: "https://uscodex.org/cfr/19/122.61"
---

# §122.61. Aircraft required to clear.

- (a) Private aircraft leaving the United States as defined in [§ 122.22](/cfr/19/122.22.md), for a foreign area are required to clear as set forth in [§ 122.26](/cfr/19/122.26.md). 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.

## Notes

### Amendments

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008]

### Authority

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

Source: T.D. 88-12, 53 FR 9292, Mar. 22, 1988, unless otherwise noted.

### Amendments

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by CBP Dec. 08-43, 73 FR 68313, Nov. 18, 2008]