(c) The term "area" shall mean any one of the following parts of the United States: 1. The mainland. 2. Alaska, but to be regarded as part of the mainland for immigration purposes. 3. Hawaii. 4. Puerto Rico. 5. Virgin Islands, an area for the purpose of the immigration laws except as provided in further immigration regulations specifically mentioning those islands in 8 CFR Part 116, but shall be regarded as foreign territory for other purposes. 6. Such area as shall hereafter be specified to include possessions of the United States not mentioned herein. These regulations shall not be applicable in the Philippine Islands, the Islands of Guam, Midway, American Samoa, Wake, Kingman Reef, and other insular possessions not specified herein, nor to the Virgin Islands, except as specified in 5 above until notice supplementary hereto is given. (d) The term "aircraft" means civil aircraft, i. e., any aircraft not used exclusively in the governmental service of the United States or a foreign country, but includes any governmentowned aircraft engaged in carrying persons or property for commercial purposes. (e) The term "aircraft commander" means the person serving on the aircraft having charge or command of its operation and navigation. (f) The term "scheduled airline" means any individual, partnership, corporation, or association engaged in air transportation upon regular schedules to, over, or away from the United States, or from area to area and holding a Foreign Air Carrier Permit of a Certificate of Public Convenience and Necessity issued pursuant to the Civil Aeronautics Act of 1938. (g) The term "airport of entry" means any airport designated by the Secretary of the Treasury as a port of entry for aircraft arriving in the United States from any place outside thereof and for the merchandise carried on such aircraft; also by the Attorney General as a port of entry for aliens arriving on such aircraft; and by the Federal Security Administrator as a place for quarantine inspection.* 116.3 Landing requirements. (a) Place of landing. Every aircraft coming into any area from any place outside thereof shall land in such area unless exempted from this requirement by the Administrator of Civil Aeronautics, Washington, D. C. The first landing shall be at an airport of entry, unless permission to land elsewhere than at an airport of entry is first granted by the Commissioner of Customs, Washington, D. C., who, upon granting such permission, shall immediately notify the Surgeon General, Public Health Service, the Commissioner of Immigration and Naturalization, and any other agency affected thereby. In cases where such permission is given, the owner, operator, or person in charge of the aircraft shall pay the additional expenses, if any, incurred in inspecting the aircraft, passengers, *For statutory citation, see note to § 116.1. employees, merchandise, and baggage carried therein. When such permission is granted to a scheduled airline to land aircraft operating on a schedule, no inspection charge shall be made except for overtime service performed by customs officers, and, if the aircraft arrives substantially in accordance with schedules on file with the immigration authorities, no inspection charge shall be made for overtime service by immigration officers. (b) Advance notice of arrival. No aircraft coming into any area from any place outside thereof may land in such area unless notice of the intended flight has been furnished to the collector or deputy collector of customs at the airport of entry at or nearest the intended place of first landing in such area; nor unless the same notice has been furnished to the quarantine and the immigration officers in charge at or nearest such place. Such notice shall specify the type of aircraft, the registration marks thereon, the name of the aircraft commander, the place of last departure, the airport of entry, or other place at which landing has been authorized, number of alien passengers, number of citizen passengers, and the estimated time of arrival; and shall be sent so as to be received in sufficient time to enable the officers designated to inspect the aircraft to reach the airport of entry or such other place of first landing prior to the arrival of the aircraft. Such advance notice will not be required in the case of aircraft of a scheduled airline arriving in accordance with the regular schedule filed with the collector of customs for the district in which the place of first landing in the area is situated and also with the immigration officer in charge for such place. (c) Permission to discharge or depart. No aircraft arriving in the United States from any place outside thereof, or in an area from another area carrying residue foreign cargo (see § 116.11) shall, without receiving permission from the quarantine and the customs officers in charge, depart from the place of landing, or discharge any merchandise, passengers, or baggage; and no aircraft arriving in the United States from any place outside thereof or in an area from another area, except directly from the mainland, shall discharge any passenger or employee without permission from the immigration officer in charge. (d) Emergency or forced landing. Should any aircraft coming into the United States from any place outside thereof, or into any area from any other area, make a forced landing in the United States, the aircraft commander or operator shall not allow any merchandise or baggage to be removed from the landing place without permission from a customs officer, nor allow any passenger or person employed thereon to depart from such landing place without permission of the quarantine and immigration officers, unless such removal or departure is necessary for purposes of safety or the preservation of life or property. As soon as practicable, the aircraft commander, or a member of the crew in charge, or the owner of the aircraft, shall communicate with the customs officer at the intended place of first landing or at the nearest airport of entry or other customs port of entry in that area and also with the nearest quarantine officer and immigration officer and make a full report of the circumstances of the flight and of the emergency or forced landing. Mail carried as such may be removed from such aircraft upon making an emergency or forced landing, but if so removed shall be delivered at once to a responsible officer or employee of the Postal Service.* 116.4 Entry and clearance. (a) Aircraft coming into any area from any place outside the United States shall be entered (see § 116.8) in such area if landing is made therein. Aircraft coming into any area from another area shall be entered (see § 116.9 (e)) in such area if landing is made therein and if carrying merchandise or passengers. (b) Entry shall be made by the aircraft commander at the airport of entry at which the first landing is made in the area. If, pursuant to § 116.3 (a), the first landing occurs at a place not an airport of entry, entry shall be made at the nearest airport of entry or customs port of entry, unless some other place is designated for that purpose by the Commissioner of Customs. (c) Aircraft departing from any area for foreign territory, or to take aboard or discharge persons or merchandise anywhere outside the United States, or departing from any area for another area carrying passengers that must be listed in clearance declaration (§ 116.9 (b), (e)) or merchandise shall be cleared (see § 116.9) in the area from which departing. (d) The clearance shall be obtained by the aircraft commander at the customs port of entry (whether or not an airport of entry) at or nearest the place of last take-off from the area, unless some other place is designated for that purpose by the Collector of Customs. (e) This section shall not apply to the entry of aircraft of scheduled airlines complying with the terms of § 116.5, nor to the clearance of such aircraft complying with the terms of § 116.6, nor to the clearance of any aircraft holding a permit issued by the Secretary of Commerce authorizing departure without clearance.* 116.5 Entry of aircraft of scheduled airlines. (a) Aircraft operated by scheduled airlines coming into the United States from any place outside thereof shall make entry in the area of first landing. (b) Aircraft operated by scheduled airlines coming from one area into another area shall make entry therein, if (1) Carrying to or over that area passengers that must be listed in clearance declaration (§ 116.9 (b), (e)); or (2) Carrying residue cargo (§ 116.11); or (3) Carrying merchandise in bond (Chap. XVI, Customs Regulations, 1937; 19 CFR Part 16). (c) Entry required by this section in an area shall be made by the aircraft commander at the place of landing provided for under § 116.3.* 116.6 Clearance of aircraft of scheduled airlines. (a) Aircraft operated by scheduled airlines departing for any place outside the United States may clear from the area of departure, but clearance shall be mandatory only during any period covered *For statutory citation, see note to § 116.1. by a proclamation of the President that a state of war exists between foreign nations, or the aircraft is: (1) Beginning a flight in that area; or (2) Carrying from that area merchandise or such passengers as must be listed in clearance declaration (§ 116.9); or (3) There are one or more aliens that must be listed on the part of clearance declaration relating to aliens employed (§ 116.9). (b) Aircraft operated by scheduled airlines departing from any area for another area shall clear in the area from which departing, if (1) Carrying passengers that must be listed on clearance declaration (8 116.9 (b), (e); or (2) Carrying merchandise. (c) Clearance required by this section may be obtained by the aircraft commander at the customs port of entry (whether or not an airport of entry) at or nearest each place at which merchandise or passengers, or both, are taken aboard for discharge beyond the area. In such case the clearance shall be limited to the passengers and merchandise taken aboard at such place. Otherwise the clearance shall be obtained at the customs port of entry (whether or not an airport of entry) at or nearest the place of last take-off in the area unless some other place for clearance is designated by the Collector of Customs.* 116.7 Documents. (a) The forms described in §§ 116.8 and 116.9 shall be the primary documents required for entry and clearance of aircraft and the listing of passengers and merchandise carried thereon and aliens employed on board thereof. The forms of aircraft commander's entry declaration and aircraft commander's clearance declaration shall be Customs Forms 7507 and 7509, respectively, approved by the Commissioner of Customs, the Administrator of Civil Aeronautics, and the Commissioner of Immigration and Naturalization. The form of information sheet concerning passengers arriving on aircraft shall be Form I-466 approved by the Commissioner of Immigration and Naturalization. (b) The forms described in §§ 116.8 and 116.9, except information sheets, may be obtained from collectors of customs upon prepayment by the owner or operator of the aircraft. A small quantity of such forms will be set aside by collectors of customs for free distribution or official use. The forms of information sheets may be obtained upon prepayment from the Superintendent of Documents, Government Printing Office, Washington, D. C. A small quantity of information sheets will be set aside by immigration officers in charge for free distribution or official use. The forms may be printed by private parties provided the forms so printed conform to the official form in size, wording, arrangement, and quality and color of paper.* 116.8 Documents for entry. (a) At the time any aircraft arriving from outside the United States land in any area in *For statutory citation, see note to § 116.1. which making of entry is required by § 116.4 or § 116.5, the aircraft commander shall deliver (1) The aircraft's journey log book to the quarantine officer for inspection as to entries required by § 116.13, and (2) An aircraft commander's entry declaration in accordance with this section. Aircraft arriving in an area from another area shall deliver documents as specified by § 116.9 (e) and § 116.11. (b) The aircraft commander's entry declaration shall set forth: (1) Identification marks of aircraft. (2) Name and address of owner. (5) Place and date of last departure from port or place outside the United States. and shall contain: (6) Immigration list in the English language, typewritten or printed in ink, of all aliens employed in any capacity on board the aircraft at the time of arrival, showing full name (family name and given name), age, sex, country of which citizen or subject, country of birth, race (in accordance with instructions on back of information sheets required by this section in the case of passengers), number of airman's certificate, if any, place and date of engagement, and position on the aircraft, and which of such aliens, if any, are to be discharged in the United States. This requirement applies only to an aircraft which is arriving from outside the United States but does not apply to any aircraft arriving at a land border airport from Canada or Mexico nor when such information is furnished in accordance with § 116.10. (7) Immigration list in the English language, typewritten or printed in ink, of all passengers, showing full name (family name and given name), age, sex, country of which citizen or subject, and place and country of embarkation. Additional facts as to passengers shall be furnished on information sheets as required by paragraph (c) of this section. This subparagraph shall not apply to passengers arriving at a land border airport from Canada or Mexico, or in travel between the mainland and Alaska. (8) Customs inward manifest when the aircraft arrives from a foreign port or place if such aircraft has on board merchandise or baggage. The inward manifest, properly executed, having the airway bills attached, will be acceptable, provided such manifest bears a notation such as "Express as per airway bills attached" and shows the waybill numbers. Customs Form 5119 may be used in lieu of the inward manifest if the merchandise or baggage consists of a single shipment and does not exceed one hundred dollars in value. (For rule applicable to arrival in an area from another area, see § 116.9 (e).) NOTE. If equipment has been added or repairs made abroad to an aircraft of United States registry, the procedure applicable to vessels in such cases under the customs regulations in force at the time of arrival of such aircraft shall be followed. (Art. 128, Customs Regulations, 1937; 19 CFR 210.) |