All-cargo flight. "All-cargo flight" means a flight in operation for the purpose of transporting cargo which has onboard only "crew members" and "non-crew members" as defined in this paragraph.
Carrier. In addition to the meaning set forth in § 122.49a(a) , "carrier" includes each entity that is an "aircraft operator" or "foreign air carrier" with a security program under 49 CFR part 1544 , 1546 , or 1550 of the Transportation Security Administration regulations.
Crew member. "Crew member" means a pilot, copilot, flight engineer, airline management personnel authorized to travel in the cockpit, cabin crew, and relief crew (also known as "deadheading crew"). However, for all other purposes of immigration law and documentary evidence required under the Immigration and Nationality Act (8 U.S.C. 1101 , et seq.), "crew member" (or "crewman") means a person serving onboard an aircraft in good faith in any capacity required for the normal operation and service of the flight (8 U.S.C. 1101(a)(10) and (a)(15)(D) , as applicable). In addition, the definition of "crew member" applicable to this section should not be applied in the context of other customs laws, to the extent this definition differs from the meaning of "crew member" contemplated in such other customs laws.
Flight continuing within the United States. "Flight continuing within the United States" refers to the domestic leg of a flight operated by a foreign air carrier that originates at a foreign port or place, arrives at a U.S. port, and then continues to a second U.S. port.
Flight overflying the United States. "Flight overflying the United States" refers to a flight departing from a foreign port or place that enters the territorial airspace of the U.S. en route to another foreign port or place.
Non-crew member. "Non-crew member" means air carrier employees and their family members and persons traveling onboard a commercial aircraft for the safety of the flight (such as an animal handler when animals are onboard). The definition of "non-crew member" is limited to all-cargo flights. (On a passenger or dual flight (passengers and cargo), air carrier employees, their family members, and persons onboard for the safety of the flight are considered passengers.)
Territorial airspace of the United States. "Territorial airspace of the United States" means the airspace over the United States, its territories, and possessions, and the airspace over the territorial waters between the United States coast and 12 nautical miles from the coast.
19 C.F.R. §122.49b