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shall be sprayed during flight with an insecticide approved by the Surgeon General of the Public Health Service. The spraying shall be performed as soon as possible after departure from the last foreign port, in accordance with such method as may be prescribed by the Surgeon General of the Public Health Service. The same provision applies to aircraft bound for the mainland of the United States from any United States insular port.

(e) Statement of whereabouts of passengers and crew. The commander of any aircraft arriving in the United States from any place in the Western Hemisphere located within the region bounded by 30° south latitude and 13° north latitude, or from any place in the African Continent located within the region bounded by 8° south latitude and 16° north latitude, or from any other place where yellow fever may appear, shall furnish the quarantine officer with a written statement showing the whereabouts of all passengers and members of the crew for a period of 6 days prior to embarkation for the United States.

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(f) Importations of living disease organisms and vectors, shaving brushes and parrots. Importations of living disease organisms and vectors, of shaving or lather brushes, and of birds of the parrot family are subject to the special regulations prescribed therefor.

(g) Entries in journey log book of departing aircraft. Any aircraft clearing from any area for any place outside the United States may obtain from the quarantine officer for entry in the journey log book' information regarding the occurrence of plague, cholera, yellow fever, typhus fever, and smallpox in the area.

(h) General provisions. Except as otherwise provided in these regulations (§§ 116.1 to 116.15, inclusive), aircraft and the passengers and merchandise and baggage carried thereon, arriving from any place outside the United States, shall be subject to the United States quarantine laws and regulations applicable to vessels so arriving, in so far as such laws and regulations are applicable to aircraft.*

116.14 General provisions-Entry and clearance. All navigation laws and regulations pertaining to the entry and clearance of vessels shall apply to civil aircraft to such extent and upon such conditions as are specified in these regulations. (§§ 116.1 to 116.15, inclusive.)*

116.15 Penalties. (a) Any person violating any customs regulation relating to aircraft or any provision of the customs laws or regulations made applicable to aircraft by § 116.12 shall be subject to a civil penalty of $500, and any aircraft used in

For statutory citation, see note to § 116.1.

Living disease organisms and vectors: Amendment No. 17 to Quarantine Regulations of the United States, March 4, 1938; Federal Register, March 10, 1938, p. 555. Brushes; Amendment No. 18 to Quarantine Regulations of the United States; Federal Register, March 22, 1939, p. 1287.

Parrots: Executive Order 5264, Jan. 24, 1930; Foreign Quarantine Division Circular No. 67 and amendments; Federal Register, May 3, 1939, p. 1766.

For this purpose, a journey log book is any document or book containing the following information: (1) Nationality and identification marks of aircraft; (2) name and address of owner of aircraft; (8) name and address of commander of aircraft; (4) point of origin; (5) point of ultimate destination; (6) place and time of departure on trip; (7) intermedlate stops and time of arrival at each stop; and (8) remarks; signed by the aircraft commander.

connection with any such violation shall be subject to seizure and forfeiture, as provided for in the customs laws. Such penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury.

(b) Any person violating any public health regulation relating to aircraft or any provision of the public health laws or regulations made applicable to aircraft by § 116.18 shall be subject to a civil penalty of $500, and any aircraft used in connection with such violation shall be subject to seizure and forfeiture, as provided for in the public health laws and section 11 (b) and (c) of the Air Commerce Act of 1926 (49 U. S. C. 181 (b), (c)). Such penalty and forfeiture may be remitted or mitigated by the Federal Security Administrator.

(c) Any person violating any of the provisions of these regulations (88 116.1 to 116.15, inclusive) relating to the entry and clearance of aircraft under the laws and regulations administered by the Secretary of Commerce shall be subject to a civil penalty of $500 and any aircraft used in connection with any such violation shall be subject to seizure and forfeiture in accordance with the provisions of the Air Commerce Act of 1926, as amended. Such penalty and forfeiture may be remitted or mitigated by the Secretary of Commerce.

(d) For the penalty for any violation of these regulations (§§ 116.1 to 116.15, inclusive) relating to immigration, see further regulations in 8 CFR Part 116 applying immigration laws and regulations to civil air navigation.

(e) Liability to penalties with respect to any one of the sets of laws, i. e., the customs laws, the public health laws, the entry and clearance laws, and the immigration laws, under which these regulations (§§ 116.1 to 116.15, inclusive) are prescribed, shall be separate from such liability with respect to any other set of such laws.*

116.16. Airports of entry. (a) Airports of entry will be designated after due investigation to establish the fact that a sufficient need exists in any particular district or area to justify such designation and to determine the airport best suited for such

purpose.

(b) A specific airport will be designated in each case, rather than a general area or district which may include several airports.

(c) The designation as an airport of entry may be withdrawn if it is found that the volume of business clearing through the port does not justify maintenance of inspection equipment and personnel, if proper facilities are not provided and maintained by the airport, if the rules and regulations of the Federal Government are not complied with, or if it be found that some other location would be more advantageous.

(d) Airports of entry shall be municipal airports, unless particular conditions which prevail warrant a departure from such requirement, and shall be possessed of a currently effective desig

*For statutory citation, see note to § 116.1.

With respect to other laws and regulations relating to aircraft, inquiry may be made of the collector of customs.

nation as a "Designated Landing Area" issued by the Administrator of Civil Aeronautics. Additional requirements may be imposed as the needs of the district or area to be served by the airport may demand.

(e) Airports of entry shall provide without cost to the Federal Government suitable office and other space for the exclusive use of Federal officials connected with the port. A suitable surfaced loading area shall, in each case, be provided by the airport at a convenient location with respect to such office space. Such loading area shall be reserved for the use of aircraft entering or clearing through the airport.

(f) Airports of entry shall be open to all aircraft for entry and clearance purposes and no charge shall be made for the use of said airports for such purposes. However, in cases where airports of entry authorize any such aircraft to use such airports for the taking on or discharging of passengers or cargo, or as a base for other commercial operations or for private operations, this paragraph shall not be interpreted to mean that charges may not be made for such commercial or private use of such airports.

(g) All aircraft entering or clearing through airports of entry shall receive the required servicing by airport personnel promptly and in the order of arrival or preparation for departure without discrimination. The charges made for such servicing shall in no case exceed the schedule of charges prevailing at the airport in question. A copy of said schedule of charges shall be posted in a conspicuous place at the office space provided for the use of Federal officials connected with the port.

(h) Airports of entry shall adopt and enforce observance of such requirements for the operation of airports, including airport rules, as may be prescribed or recommended by the Civil Aeronautics Administration.

116.51 Inclusion of other regulations. The following sections of this Part include as a part thereof the definitions in the preceding sections of this Part and any amendments which may be made thereto.*

*88 116.51 to 116.62, inclusive, issued under the authority contained in section 1 Reorganization Plan No. V, R. S. 161, section 23, 39 Stat. 892, section 24, 48 Stat. 166, and sections 7 (d) and 11 (b) and (c), 44 Stat. 572, 574, and 575; 48 Stat. 1116, 52 Stat. 1029, 5 F. R. 2132, 2223; 5 U. S. C. 22, 8 U. S. C. 102, 222, and 49 U. S. C. 177 (d), 181 (b) and (c). Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specified sections.

116.52 Aircraft; how considered. Aircraft arriving from Canada or Mexico and landing at a land border port of entry and aircraft departing from such port of entry for Canada or for Mexico shall for the purposes of the immigration laws and regu-. lations, except as otherwise provided in this Part, be regarded the same as other common carriers arriving at or departing from land border ports of entry. All other aircraft operating in foreign commerce or between areas of the United States shall for the purposes of the immigration laws and regulations be subject to the same requirements and liabilities as are vessels (operating on water)

except as otherwise provided in this Part or by statute specifically relating to aircraft.

CROSS REFERENCE: For allen passengers on airships, see 22 CFR 63.3.

116.53 Airmen; how considered. Any alien employed in any capacity on board an aircraft arriving in the United States from any place outside thereof shall be considered as a seaman, and the provisions of the immigration laws and regulations applicable to vessels and alien seamen shall apply, except as otherwise provided in this Part, to such aircraft and alien airmen. In any case in which a seaman would be ordered detained on board, the airman may be released in such appropriate custody as in the opinion of the immigration officer in charge will insure the airman's prompt departure from the United States.*

CROSS REFERENCE: For members of the crew of airships, see 22 CFR 63.2. For alien seamen, see 8 CFR, Part 120.

116.54 Inspection of aliens arriving by aircraft. Any alien arriving by aircraft in any area from any foreign place or any take-off outside the United States or from any other area except the mainland shall not be considered as having legally entered the United States unless and until he has been inspected and lawfully admitted.*

116.55 Deportation of aliens arriving by aircraft who are excluded. Any alien excluded from admission to the United States shall be returned to the country or area of the United States (except the mainland) whence he came, at the expense of the owner, agent, lessee, or operator of the aircraft by which the alien came; and when detention is found necessary, the alien shall be detained at the expense of such owner, agent, lessee, or operator." 116.56 Crew lists. The provisions of section 36 of the Immigration Act of 1917 (39 Stat. 896, 8 U. S. C. 171) shall be complied with as required by §§ 116.8, 116.9 or 116.10 as to aliens employed on board any aircraft arriving in the United States from any place outside thereof and as to such aliens not on board at the time the aircraft departs from any such place and as to aliens leaving the United States as employees on an aircraft who were not such when it last arrived. Any failure to comply with any provision of this section shall constitute a violation cf section 36, above, for each alien concerning whom there is such failure. Immigration lists containing the name of any employee shall be filed for permanent record.*

116.57 Manifests of passengers. The provisions of sections 12, 13, and 14 of the Immigration Act of 1917 (39 Stat. 882-884, 8 U. S. C. 148, 149, 150) shall be complied with as required by §§ 116.8 and 116.9 as to passengers arriving or departing on aircraft. Passengers carried between the Virgin Islands of the United States and Puerto Rico shall be listed only on the same declaration of aircraft commander as required for listing merchandise so carried. In every case the lists must be accompanied by information sheets as required by §§ 116.8 and 116.9. Any

*For statutory citation, see note to 116.51.

failure to comply with the foregoing provisions of this section constitute a violation of section 14, above, for each person concerning whom there is such failure. Immigration lists containing the name of any passenger and the information sheets shall be filed for permanent record.*

116.58 Preexamination in Canada of aircraft passengers. The endorsement on forms issued by officers of the Immigration and Naturalization Service to persons preexamined in Canada who travel to the United States by aircraft shall be as prescribed in §8 114.1-114.4 of this title, and the period of validity of said forms shall be as prescribed therein. Upon surrendering such properly indorsed forms at the airport of entry for aliens, the rightful holders will be admitted, provided their status has undergone no change between the time of issuance of the forms and the arrival of the holders at the airport of entry. The airport of entry at which persons preexamined in Canada actually enter the United States shall be the "record" port of entry for all purposes. Aliens excluded from admission to the United States upon preexamination in Canada shall be accounted for as heretofore by the office at which exclusion occurs."

116.60 Penalties. (a) Any person who violates any provision of this Part which relates to immigration shall be subject to the civil penalty of $500 authorized by section 11 (b), Air Commerce Act of 1926, as amended (49 U. S. C. 181 (b)), except that where such offense in connection with an aircraft would be a violation of the immigration laws and general regulations if the aircraft were a vessel (operating on water), the penalty shall be the same as would apply in the case of a vessel.

(b) In the collection of the penalties the procedure prescribed in the general immigration regulations for the imposition and collection of fines (involving vessels) or for prosecutions under section 10 of the Immigration Act of 1917, as amended (39 Stat. 881, 43 Stat. 167; 8 U. S. C. 146), as the case may be, will initially be followed.

(c) Remission or mitigation of a penalty will be considered only in case of application therefor. If the deposit of the amount of the proposed penalty is not made with the collector of customs or acceptable bond is not furnished providing for the payment of such penalty, or so much thereof as may not be remitted or mitigated by the Attorney General, clearance of the aircraft shall be withheld by the collector of customs, and in case the violation is by the owner or person in command of the aircraft the penalty shall be a lien against the aircraft, which shall be seized by an immigration officer or inspector designated by the Attorney General and placed in the custody of the customs officer in charge at the airport of landing if seizure was made thereat. Similar action will be taken if seizure is made at any place other than an airport of landing. If the owner or owners of the airport and the seized aircraft are identical, the aircraft should, if practicable, be removed to another available hangar or other suitable place for storage. Seizure will not be made of any such aircraft ap

*For statutory citation, see note to § 116.51.

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