TRANSPORTATION
[NOTE: 103 P.L. 272. (Recodification of Title 49). Changes include new 19 U.S.C. § 1644a concerning ports of entry for aircraft (former 49 U.S.C. § 1509) and clearance and entry penalties (former 49 U.S.C. § 1474); § 40904 amending former 49 App § 1357(note) concerning CBP coordination with other agencies in assessing security at airports, and new § 80503 amending former 49 App. § 1741 concerning payments of not more than $25 for inspection and quarantine services. Also, amendments to 15 U.S.C. § 1397 concerning prohibition on importation of noncomplying motor vehicles and equipment.]
49 U.S.C. §§ 5101-5127 - Hazardous Materials Transportation Act
CBP aids in enforcement of regulations promulgated by the Secretary of Transportation pertaining to safety standards for the transportation of hazardous materials. 49 U.S.C. § 1472(h)(1); 49 C.F.R. Parts 171-177 (2005) (hazardous materials regulations).
49 U.S.C. § 10721 - Government Traffic
For purposes of ICC rates and tariffs, a common carrier providing transportation may transport CBP officers without charge.
49 U.S.C. §§ 30101-30169 - National Traffic and Motor Vehicle Safety Act of 1966
CBP assists in the enforcement of this Act, which provides for the setting of motor vehicle safety standards by the National Highway Traffic Safety Administration (NHTSA), and prohibits the manufacture, sale, delivery or importation of substandard vehicles. Temporary importations may be permitted for the purpose of bringing substandard vehicles into conformity with the safety standards (Section 1397). 19 C.F.R. § 12.80 (2005) set forth these standards.
49 U.S.C. §§ 32501-32511 - National Traffic and Motor Vehicle Safety Act of 1966 (Bumper Standards)
CBP may deny entry to any automobile failing to comply with the Act, which provides for the setting of motor vehicle bumper standards by the NHTSA, and prohibits the manufacture, sale, delivery or importation of vehicles with bumpers that do not meet the standard. Temporary importations may be permitted for the purpose of bringing substandard vehicles into conformity with the bumper standards (Section 1916). See 49 C.F.R. Part 581 (2005).
49 U.S.C. § 33101-33118 - National Traffic and Motor Vehicle Safety Act of 1966 (Theft Prevention)
CBP assists in the enforcement of this Act, which provides for the setting of motor vehicle theft prevention standards by the Secretary of Transportation concerning major automotive parts, and prohibits the manufacture, sale, delivery or importation of vehicles that do not meet the standard. Temporary importations may be permitted for the purpose of bringing substandard vehicles into conformity with the standards (Section 2027).
49 U.S.C. §§ 41101-41112 - Air Carrier Certificates
CBP clears scheduled aircraft entering the United States according to the schedules and regulations provided for under this Act.
49 U.S.C. § 41101 Suspension, modification, or revocation of certificate of public convenience and necessity or foreign air carrier permit; illegal importation of controlled substances
The Secretary of Transportation in consultation with appropriate law enforcement agencies including CBP is empowered to reexamine the fitness of any carrier which has violated U.S. laws pertaining to illegal importation of controlled substances into the U.S. aboard its aircraft.
49 U.S.C. § 41703 - Federal Aviation Act of 1958
CBP assists in reporting violations of section 1508(b), which prohibit foreign civil aircraft from transporting persons, property, or mail for compensation or hire between ports of the United States. 49 U.S.C. §§ 1372, 1386(b)(7) (permits to foreign air carriers) 14 C.F.R. Parts 119, 121 (2005) (air carriers and operators for hire).
49 U.S.C. § 44904 - Domestic Air Transportation System Security
CBP aids F.B.I. and FAA in the assessment of potential threats to the domestic air transportation system, including the extent to which individuals have the capability and intent to carry out terrorist or related unlawful acts against that system, and their potential methods of carrying out such acts.
49 U.S.C. § 46306 - Federal Aviation Act of 1958
This section authorizes CBP to seize and forfeit aircraft used in connection with or to aid or facilitate criminal violations relating to forgery of certificates, false marking of aircraft, and other aircraft registration violations. This provision establishes certain presumptions for the purposes of seizure and forfeiture. No drug nexus is required to seize and forfeit the aircraft. Also, no criminal charge or conviction is required in order to seize and forfeit the aircraft. The aircraft is seized and forfeited in accordance with the customs laws. 19 C.F.R. Part 171 (2005) (fines, penalties, & forfeitures).
49 U.S.C. § 46312 - Hazardous Materials Transportation Act
CBP aids in the enforcement of the Hazardous Materials Transportation Act to ensure safe transportation of hazardous materials by air.
49 U.S.C. § 46315 - Federal Aviation Act of 1958
CBP assists in the enforcement of this provision, which makes it unlawful to knowingly and willfully operate an aircraft in violation of FAA rules governing display of lights in connection with the transportation of a controlled substance.
49 U.S.C. §§ 60101 - 60125 Hazardous Liquid Pipeline Safety
CBP aids in the enforcement of the provisions governing the transportation of hazardous liquids in foreign commerce.
49 U.S.C. § 70117(f) - Commercial Space Launch
For purposes of enforcing laws controlling exports, a launch or payload shall not be considered an export.
49 U.S.C. §§ 80102-80116 - Pomerene Bills of Lading Act
CBP enforces laws governing bills of lading. See, especially, 49 U.S.C. § 121, which sets forth misdemeanor offenses relating to making a counterfeit or fraudulent bill of lading.
49 U.S.C. §§ 80302-80306 - Contraband Seizure Act
Pursuant to this Act, which makes it unlawful to transport, conceal, or facilitate the transportation of “contraband articles,” as defined in the statute (certain narcotic drugs, certain firearms, counterfeit coins), CBP assists in seizures made by the Secret Service of any aircraft, vehicle or vessel being used in violation of this Act. The customs laws relating to seizure, forfeiture, remission, mitigation, etc., shall apply to seizures and forfeitures occurring under this Act. The Secretary of the Treasury is empowered to authorize persons to carry out provisions of this Act. See also 18 U.S.C. § 8 (obligation or other security of the U.S.); 18 U.S.C. §§ 471-513 (counterfeiting and forgery); 18 U.S.C. § 2341 (contraband cigarettes); 21 U.S.C. § 802 (narcotic drug); 26 U.S.C. §§ 5801-5802 (National Firearms Act); 19 C.F.R. § 12.48 (2005) (counterfeit coins; importation prohibited); 27 C.F.R. Parts 70, 72 (2005) (ATF Procedures and Disposition of Personal Property) 31 C.F.R. Part 401-406 (2005) (seizure authority of Secret Service agents).
49 U.S.C. § 80503 - Maximum Charges for Certain Overtime Services
CBP grants entry to the United States to civil aircraft that have complied with the appropriate laws. Section 1741 provides that notwithstanding 19 U.S.C. § 1451, the maximum user fee charge for certain overtime services is $25. 19 C.F.R. Part 122 (2005) (entry and clearance).
