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Customs regulations dealing with application of customs laws to air commerce; airports of entry: See Customs Duties, 19 CFR Part 4.
Section 5.1 Definitions. As used in this part the term “civil aircraft” means any aircraft other than a public aircraft, which latter term signifies one used exclusively in the governmental service; the term “airman” means any individual (including the person in command and any pilot, mechanic, or member of the crew), who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling, or repairing of aircraft. The term "air commerce means transportation in whole or in part by aircraft of persons or property for hire, navigation of aircraft in furtherance of a business, or navigation of aircraft from one place to another for operation in the conduct of a business; and the term “interstate or foreign commerce" means air commerce between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through the air space over any place outside thereof; or wholly within the air space over any Territory or possession or the District of Columbia.* † (Secs. 7 (d), 9, 44 Stat. 572, 573; 49 U.S.C. 117 (d), 179) [5–A-1]
*88 5.1 to 5.17, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.
The source of ss 5.1 to 5.17, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.
5.2 Civil aircraft; how considered. Civil aircraft engaged in foreign air commerce and bringing passengers from Canada or Mexico shall, for the purpose of the immigration laws and regulations, except as herein provided for, be regarded as are other common carriers bringing aliens to border ports of entry from such countries. All other civil aircraft engaged in foreign commerce shall, for the purpose of the immigration laws and regulations, except as otherwise provided, be treated as vessels.** (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5–A-2]
CROSS REFERENCE: For alien passengers on airships, see 22 CFR 63.3. 5.3 Airmen; how considered. Any airman serving on civil aircraft arriving in the United States or an insular possession thereof, from any place outside, shall be considered as a seaman, and the provisions of the immigration laws and regulations applicable to vessels and alien seamen will control such aircraft and alien airmen as modified hereinafter: Provided, however, That alien airmen shall not be discharged in the United States or insular possessions (unless signed on therein) for the purpose of reshipping, and shall not be granted hospitalization except in emergent cases.*+ (Sec. 7 (d), 44 Stat. 572; 19 U.S.C. 177 (d)) [5–A-2]
CROSS REFERENCE: For members of the crew of airships, see 22 CFR 63.2.
**For statutory and source citations, see note to 8 5.1.
5.4 Designation of airports of entry for aliens. Application for designation of an airport as a port of entry for aliens shall be made to the Secretary of Labor and shall state whether the airport has been approved by the Secretary of Commerce as a properly equipped airport and has been designated by the Secretary of the Treasury as a port of entry for civil aircraft. An airport will not be designated by the Secretary of Labor as an airport of entry for aliens without such prior approval and designation, and unless it appears to the satisfaction of the Secretary of Labor that conditions render such designation necessary or advisable, and unless adequate facilities have been or will be provided thereat, without cost to the Federal Government, for the proper inspection and disposition of aliens, including office space and temporary detention quarters found necessary.*+ (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5–B-1]
CROSS REFERENCE: For customs regulations listing airports of entry designated without time limit, see 19 CFR 3.3, 4.11.
5.5 Withdrawal of designation of airport of entry for aliens. The designation of an airport of entry as an airport of entry for aliens may be withdrawn whenever, in the judgment of the Secretary of Labor, there appears just cause for such action.*+ (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5–B-2]
5.6 Inspection of aliens arriving by aircraft. No alien arriving by aircraft at an airport of entry for aliens in continental United States or an insular possession thereof from a foreign country, or in continental United States from an insular possession, or in one insular possession from another, will be considered as having legally entered the United States unless and until he has been duly inspected and lawfully admitted.*+ (Sec. 7 (d), 44 Stat. 572; 49 U.S.Č. 177 (d)) [5–C-1]
5.7 Deportation of excluded aliens arriving by aircraft. Any alien excluded from admission to the United States shall be returned to the country whence he came at the expense of the owners, agents, or lessors of the aircraft bringing him to the United States, and where detention is found necessary, shall be detained at the expense of such owners, agents, or lessors.*(Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5–C-2]
5.8 Manifests and crew lists of aircraft to be furnished. Upon arrival at an airport of entry for aliens it shall be the duty of the airman in charge of a civil aircraft engaged in foreign air commerce to deliver to the immigration officer the passenger and crew lists hereinafter provided for.*+ (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5–D-1]
5.9 Manifests of passengers and crew arriving by aircraft; how prepared. The lists of arriving passengers and airmen shall be typewritten or printed upon modified forms prescribed by the Commissioner of Immigration and Naturalization. Such lists shall be prepared before departure of the aircraft from a foreign country or an insular possession of the United States and shall contain the names of all passengers and airmen, together with other data called for thereon, whether passengers have been pre-examined by United States
**For statutory and source citations, see note to s 5.1.
immigration officers, or otherwise. A separation shall be made on such lists of the names of those who have and those who have not been pre-examined. These lists shall be sworn to by the airman in charge before the immigration officer to whom delivered. All passengers so brought shall be regularly inspected upon arrival, and manifested if found appropriate. Form 548 shall be used in recording manifest data.*+ (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5–D-2]
5.10 Manifest of permanent crew of aircraft; notice of changes. Where civil aircraft are operated upon a fixed schedule filed at the airport of entry for aliens, the airman in charge of each aircraft, or a responsible officer of the company, in lieu of submitting crew lists upon each arrival, may submit upon first arrival a list of all airmen employed thereon. From said list the immigrant inspector shall prepare a card record for each airman on a form to be prescribed by the Commissioner of Immigration and Naturalization. When such airmen leave the employ of a company, a report as to date, place, and manner of discontinuing employment shall be made by the owner, agent, or airman in charge of the civil aircraft on which previously employed, and any additional airmen employed shall be promptly reported.*+ (Sec. *7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-D-3]
5.11 Pre-examination in Canada of aircraft passengers. The endorsement on Forms 521 and 548, issued to persons pre-examined in Canada who travel to the United States by aircraft, shall be as prescribed in 88 4.1-4.4, and the period of validity of said form shall be as prescribed therein. Upon surrendering at the airport of entry for aliens of valid Form 521, or Form 548, properly endorsed, 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 pre-examined 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 pre-examination in Canada shall be accounted for as heretofore by the office at which exclusion occurs. The recording statistically and otherwise, of aliens admitted to the United States on and after July 1, 1929, upon presentation of Form 524, a form discontinued after June 30, 1929, will continue as heretofore.** (Sec. 7 (d), 44 Stat. 572; 49 Ú.S.C. 177 (d)) [5-D-4]
5.12 Chinese arriving by aircraft; separate manifests. Chinese brought by aircraft to an airport of entry for aliens situated at a designated port of entry for Chinese shall be listed on separate manifests, whether or not they have been pre-examined in Canada : Provided, however, That nothing in this part shall be construed as altering, amending, or modifying the requirements of the laws and regulations relating to the admission and exclusion of Chinese, that all such persons must apply for admission to the United States at designated seaports and land-border ports of entry for Chinese.** (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) (5-D-5]
5.13 Aircraft manifests; by whom provided. All lists or manifests shall be provided at the expense of the owner or agent of the Page 40
**For statutory and source citations, see note to $ 5.1.
aircraft, and may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D. C., upon prepayment.** (Sec. 7 (d), 44 Stat. 572; 49'U.S.C. 177 ()) [B-D-6]
5.14 Advance notice of arrival of aircraft. At the time of, or prior to the departure from a foreign country or an insular possession of the United States of an aircraft carrying passengers to continental United States, or from a foreign country to an insular possession, or from one insular possession to another, the airman in charge, owner or agent thereof, shall, unless the vessel is operating upon a regular schedule filed with the officer in charge at or nearest the first airport of entry for aliens to which destined, advise such officer, by the most expeditious means of communication, either directly or through the person in charge of the airport, of its identity, the approximate time of its arrival, and the number of passengers and airmen carried thereon.** (Sec. 7 (d), 44 Stat. 572; 49 U.Š.C. 177 (d)) [5-E-1]
CROSS REFERENCE: For advance notice of arrival of aircraft to be given to the Secretary of State, see 22 CFR 63.4.
5.15 Landing of aircraft at other than designated airports of entry for aliens, prohibited. No aircraft bringing aliens from a foreign country, or an insular possession of the United States to continental United States, or from a foreign country to an insular possession, shall make its first landing at any other place or port than the destined airport of entry for aliens, unless such landing is forced by accident, stress of weather, or other unforeseeable cause. ** (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177(d)) [5-F-1]
5.16 Landing at other than designated airports of entry for aliens; when permitted; report required. When a forced landing occurs, the airman in charge of the aircraft shall not permit any passengers or crewmen to depart, except as may be necessary for purposes of safety, shelter, or treatment. As soon as practicable, the airman in charge or other person in his stead shall proceed with such aircraft, its passengers and crew, to the airport of entry for aliens to which originally destined, or, if that is impracticable, to the nearest airport of entry or customs port of entry, and upon arrival a full report of the circumstances of the flight and forced landing shall be made to the immigration officer, if one is found thereat, or in his absence, to the nearest immigration officer, who shall take steps to conduct the necessary inspection. If it is impossible so to proceed, the airman in charge of the aircraft shall at once make such report by the quickest available means to the nearest immigration station. If he is disabled, the report shall be made by any other member of the crew or other employee able to do so. The officer in charge of the station to which report is made shall then take such measures as are necessary and most feasible for the prompt inspection and disposition of the passengers and airmen. Any such immigration officer to whom report of forced landing is made shall promptly advise the immigration officer in charge of the airport of entry for aliens to which the aircraft was destined, of the circumstances and action to be taken.** (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5-F-2]
**For statutory and source citations, see note to § 5.1.
5.17 Penalties. For a violation of any of the provisions of this part, unless the penalty for such violation is otherwise provided for by immigration laws and general regulations, the civil penalty of $500 authorized by section 11, paragraph (b), Air Commerce Act of 1926 (44 Stat. 574, 48 Stat. 1116; 49 U.S.C. 181), will be enforced. In the collection of said penalty, the procedure prescribed in the immigration rules and regulations for the collection of administrative fines will initially be followed. If the deposit of the stipulated sum is not made with the collector of customs or acceptable bond is not furnished providing for the payment of the civil penalty prescribed, or so much thereof as may not be remitted or mitigated by the Secretary of Labor, clearance 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 immigrant inspector designated by the Secretary of Labor, and placed in the custody of the manager of the airport of landing, if seizure was made thereat. Similar action will be taken if seizure is made at other than an airport. However, if the owner or owners of the airport and the seized aircraft are identical, the aircraft shall, if possible, be removed to another available hangar or other suitable place for storage and guarding. Seizure will not be made of any such aircraft apparently damaged beyond the recovery of the amount of the statutory penalty. Immediately after the authorized seizure, or prior thereto if circumstances permit, a full report in the case shall be submitted by the officer in charge to the United States attorney for the district in which the seizure was made, for the possible further action prescribed by the statute. The report shall note the cost incurred in seizing and guarding the aircraft, and an estimate of the further cost likely to be incurred.** (Sec. 7 (d), 44 Stat. 572; 49 U.S.C. 177 (d)) [5–G-1]
PART 6-ALIENS IN TRANSIT
passports. 6.4 Admissibility of transits; additional
Section 6.1 Definition. Any alien who applies for admission to the United States with the intention of departing therefrom within 60 days, and who is admitted for a period not exceeding 60 days, shall be regarded as an "alien in transit.”***+ (Sec. 3, 43 Stat. 154, 47 Stat. 524; 8 U.S.C. 203, 215) [6–A-1]
**$$ 6.1 to 6.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.
třThe source of 88 6.1 to 6.7, inclusive, (except for amendment noted in the text,) is Immigration rules and regulations, I&NS, as amended by G.O. 247, May 10, 1937, 2 F.R. 820.
**For statutory and source citations, see note to s 5.1