ments of this section are not acceptable without the specific approval of the Commissioner of Customs. If instructions are printed on the reverse of any of the official Customs forms, such instructions may be omitted (although such instructions must be followed).

[T.D. 77-255, 42 FR 56325, Oct. 25, 1977]

§4.100 Licensing of vessels of less than 30 net tons.

(a) The application for a license to import merchandise in a vessel of less than 30 net tons in accordance with section 6, Anti-Smuggling Act of August 5, 1935, shall be addressed to the Secretary of the Treasury and delivered to the district director of the district in which are located the ports where foreign merchandise is to be imported in such vessel.

(b) The application shall contain the following information:

(1) Name of the vessel, rig, motive power, and home port.

(2) Name and address of the owner. (3) Name and address of the master. (4) Net tonnage of the vessel.

(5) Kind of merchandise to be imported.

(6) Country or countries of exportation.

(7) Ports of the United States where the merchandise will be imported.

(8) Whether the vessel will be used to transport and import merchandise from a hovering vessel.

(9) Kind of document under which the vessel is operating.

(c) If the district director finds that the applicant is a reputable person and that the revenue would not be jeopardized by the issuance of a license, he may issue the license for a period not to exceed 12 months, incorporating therein any special conditions he believes to be necessary or desirable, and deliver it to the licensee.

(d) The master or owner shall keep the license on board the vessel at all times and exhibit it upon demand of any duly authorized officer of the United States. This license is personal to the licensee and is not transferable.

(e) The Secretary of the Treasury or the district director in whose office the license was issued may revoke the

6.12 International airports; regulations. 6.13 List of international airports.

6.14 Private aircraft arriving from areas south of the United States.

6.15 Transportation in bond and merchandise in transit.

6.16 Certificate of lading for exportation. 6.17 Alternate transportation procedures

for air cargo subject to Customs control. 6.18 Documentation for transit air cargo. 6.19 Identification of transit air cargo manifest sheets.

6.20 Conditions for transportation of transit air cargo.

6.21 Timely delivery and exportation. 6.22 Transportation of transit air cargo to an interior port of destination. 6.23 Transportation of transit air cargo to another port for exportation.

6.24 Exportation of transit air cargo at port of arrival.

6.25 Flights to and from the Virgin Islands; provisions applicable.

AUTHORITY: R.S. 251, sec. 624, 46 Stat. 759, secs. 904, 1109, 72 Stat. 787, 799, as amended, sec. 101, 76 Stat. 72; 5 U.S.C. 301, 19 U.S.C. 66, 1624, 49 U.S.C. 1474, 1509, Gen. Hdnote. 11, Tariff Schedules of the United States, unless otherwise noted.

SOURCE: 28 FR 14626, Dec. 31, 1963, unless otherwise noted.

CROSS REFERENCE: For Air Commerce Regulations issued by the Surgeon General of the Public Health Service, Department of Health, Education, and Welfare, see 42 CFR 71.501 to 71.506.

§ 6.1 Scope and definitions.

(a) The regulations in this part shall not be applicable in the islands of Guam, Midway, American Samoa, Wake, Kingman Reef, and Johnson Island and other insular possessions not specified herein. The regulations shall be applicable to aircraft flying to and from the Virgin Islands of the United § 6.25.

States in accordance with

(b) The term "United States" when used in a geographical sense means the territory comprising the several States, Territories, possessions, and the District of Columbia, including the territorial waters thereof and the overlying air space, but shall not include the Canal Zone.

(c) The term "area" shall mean either one of the following:

(1) The States and the District of Columbia,

(2) Puerto Rico.

(d) The term "aircraft" means civil aircraft, that is, any aircraft not used exclusively in the governmental service of the United States or a foreign country, and 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 or a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board.

(g) The term "authorized person" (authorized agent of an owner or operator) means any person who by written authority, satisfaction to the district director, has been designated to act for and in the place of an owner or operator of a scheduled airline or who by power of attorney has been authorized to act for and in the place of an owner or operator of a nonscheduled airline.

(h) The term "international airport" means any airport designated by the Secretary of the Treasury or the Commissioner of Customs 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, by the Attorney General as a port of entry for aliens arriving on such aircraft, and by the Secretary of Health, Education, and Welfare as a place for quarantine inspection.

[28 FR 14626, Dec. 31, 1963, as amended by T.D. 75-86, 40 FR 15387, Apr. 7, 1975]

§ 6.2 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 the Federal Aviation Administration, Washington D.C. 20591. The first landing shall be at an international airport unless permission to land elsewhere shall first be granted, except that permission is not required for an emergency or forced landing or with respect to the procedure prescribed in paragraph (b) of this section, relating to private aircraft. In the case of scheduled aircraft operated by scheduled airlines, such permission shall be granted by the regional commissioner of Customs, or his designee, of the region where the place of first landing will occur, and in all other cases by the district director or other Customs officers in charge at the port of entry or Customs station nearest the intended place of first landing. For procedure to be followed in the case of emergency or forced landing, see paragraph (g) of this section. When permission is granted to land elsewhere than at an international airport, the Public Health Service, the Immigration and Naturalization Service, the Animal and Plant Health Inspection Service, and any other Agency likely to be concerned with the landing shall be immediately notified by the Customs officer granting the permission. 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, employees, and merchandise, including 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.

(b) Advance notice of arrival-(1) Applicability. All aircraft, except as provided in subparagraph (3) of this paragraph, before coming into any area from any place outside the United States, for security reasons, and in order to avoid the penalties provided for in § 6.11, shall furnish a timely notice of intended arrival, either by or at the request of the commander of the aircraft, through the Federal Aviation Administration flight notification procedures or directly to the district director or other Customs officer in charge at the nearest intended place of first landing in such area. That officer shall notify the officers in charge of the other Government services. In the case of private aircraft passing through the zone referred to in paragraph (a) of § 6.14 and crossing into the United States within that zone, advance notice shall be furnished in accordance with the procedure prescribed in § 6.14.

(2) Furnishing advance notice. When, by reason such as departure from a remote place, dependable facilities for giving notice are not available, a landing shall be made at a place where the necessary facilities do exist before coming into any area from any place outside the United States. However, radio equipment of the plane may be used if this will result in the giving of adequate and timely notice.

(3) Exception for scheduled airline to the requirement of giving advance notice. Advance notice shall not be required in the case of aircraft of a scheduled airline arriving in accordance with a regular schedule filed with the district director for the district in which the place of first landing is situated.

(4) Contents of advance notice. The advance notice of arrival shall specify the following:

(1) Type of aircraft and registration marks;

(ii) Name of aircraft commander; (iii) Place of last departure;

(iv) International airport of intended landing or other place at which landing has been authorized by Customs; (v) Number of alien passengers; (vi) Number of citizen passengers; and

(vii) Estimated time of arrival.

(5) Timeliness of advance notice. The advance notice must be received by Customs in sufficient time to enable the officers designated to inspect the aircraft to reach the international airport or such other place of first landing prior to the arrival of the aircraft, except as provided in § 6.14.

(6) Responsibility of aircraft commander upon landing. If, upon landing in any area the aircraft commander finds that United States Government inspection officers have not arrived, the commander shall hold the aircraft and any merchandise, including baggage, thereon intact and keep the passengers and crewmembers in a segregated place until the inspection officers arrive.

(c) Permission to discharge от 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 86.9) shall depart from the place of landing, or discharge any passengers or merchandise, including baggage, without receiving permission from the Customs officers in charge.

(d) Permit to proceed; foreign aircraft. (1) Aircraft are subject to Customs entry when brought in for repairs or when otherwise treated as imported articles. Before an aircraft which is not treated as an imported article, which is registered in a foreign country, and which arrives in the United States carrying passengers for hire or merchandise is ferried (proceeds in ballast) from the airport of first arrival to one or more airports in the United States, its commander shall obtain from the district director at the airport of first arrival a permit to proceed on Customs Form 7507 allowing the aircraft to proceed from airport to airport in the United States, which shall be retained on board such aircraft while in the United States. At

each airport visited, the Customs officer there, or, if there is none, the airport manager, shall make an endorsement on the back of such permit showing the name of the airport, date and time of arrival, date and time of departure, and purpose of the visit. The permit shall be surrendered to the district director at the port of final clearance for a foreign destination, who shall satisfy himself prior to the issuance of clearance that the aircraft received proper Customs treatment while in this country. The permit shall then be returned to the district director at the port of issue.

(2) A copy of the permit shall be retained by the district director at the port where issued. If within 60 days after the issuance of such permit the said district director does not receive a report of the outward clarance of the aircraft covered thereby, the matter shall be reported to the Customs agent in charge of the area involved for investigation.

(3) Civil aircraft of domestic origin registered in the United States and arriving from a foreign country with passengers carried for hire or merchandise, after proper Customs treatment of all such passengers and merchandise, may be allowed to proceed upon their identity being established. Civil aircraft of foreign origin registered in the United States and arriving from a foreign country in international traffic shall be subject to the following provisions:

(i) If such aircraft has been entered as an imported article and duty has been paid on a previous arrival, it may be permitted to proceed otherwise than as an imported article upon a declaration by the aircraft commander identifying the port, date, and number of the duty-paid entry filed upon such previous arrival.

(ii) If such aircraft has not been entered as an imported article subject to duty, in addition to any other documents required in connection with a flight in continuation of the international traffic, it shall proceed under a permit to proceed on Customs Form 7507 which shall specifically identify the aircraft number, country of manufacture, name of the manufacturer,

flight number, port, and date of arrival for the flight on which it arrived in the United States, and action shall be taken thereon as specified in subparagraphs (1) and (2) of this paragraph. It shall proceed without being treated as an imported article only if it is in continuous use solely in international traffic or use incidental thereto and will depart from the United States to a destination outside thereof in international traffic or in ballast. If such aircraft which has not been entered as an imported article is withdrawn from international traffic or diverted in the United States to a use other than international traffic or use incidental thereto, it shall be subject to entry as an imported article and dutiable at the rate in effect at the time of withdrawal or diversion. 1

1

(e) Permits to unlade and lade. A permit on Customs Form 3171 running for any period up to 1 year, but not longer than the period of the supporting bond, may be issued to any and all aircraft to unlade passengers or merchandise, including baggage, or to lade merchandise or baggage during official hours. Except when a term permit has been issued and arrangements are made locally so that the proper Customs officer will be notified during official hours in advance of the rendering of the services as to the specific nature of the services desired and the

'The Bureau of Customs made the following ruling on the status of foreign aircraft wrecked while engaged in international traffic: "If the accident results in substantial demolition of the aircraft, no entry is required and no duty accrues with respect to any portion of the wreckage. If the accident does not result in substantial demolition of the aircraft, and all salvageable portions and parts of the wrecked aircraft are exported, the aircraft is not considered to have been withdrawn from international traffic so as to subject the aircraft as a whole or any portion or part thereof to regular customs entry and duty as imported merchandise. However, if the accident does not result in substantial demolition of the aircraft and the wrecked aircraft or any salvageable portion or part thereof is not exported, an entry is required for the retained damaged aircraft, or salvageable portion or part, as the case may be, and duties will be assessed thereon in accordance with its condition immediately after the casualty." T.D. 55063(1), March 4, 1960.

30-040 O 78 - 6

exact times they will be needed, a separate application for a permit shall be filed in the case of each arrival or departure. The permit shall not be issued (previously issued term permits shall be revoked) unless the carrier complies with the provisions of §4.30 of this chapter regarding terminal facilities and employee lists, and the required cash deposit or bond, on Customs Form 7567 or 7569, has been received.

(f) Special licenses to unlade and lade. A special license on Customs Form 3171 running for any period up to 1 year, but not longer than the period of the supporting bond, may be similarly issued to any and all aircraft to unlade passengers or merchandise, including baggage, or to lade merchandise or baggage from such aircraft at night or on a Sunday or holiday when Customs supervision is required. A previously issued term special license shall be revoked unless the carrier complies with the provisions of §4.30 of this chapter regarding terminal facilities and employee lists, and the required cash deposit or bond, on Customs Form 7567 or 7569, has been received. (See § 24.16(c) of this chapter as to private aircraft.) Separate bonds shall be required if overtime services are requested by different principals.

(g) Emergency or forced landing. Should an emergency or forced landing be made by an aircraft coming into the United States from any place outside thereof, or into an area from a place outside the areas defined in § 6.1(c) of the regulations of this part, or while traveling from airport to airport in the areas of the United States under a permit to proceed (see § 6.9(b) of the regulations of this part), the aircraft commander shall not allow any merchandise, baggage, passengers, or crew members not previously cleared by Customs or other applicable Government agency to be removed, or to depart from the landing place without permission of a Customs officer, unless such removal or departure is necessary for purposes of safety, communication with Customs authorities, or the preservation of life, health, 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 international airport or other Customs port of entry in that area and make a full report of the circumstances of the flight and of the emergency or forced landing. When an aircraft carrying precleared crew, passengers and baggage or merchandise lands for any reason at an airport in the United States other than the scheduled or intended port of arrival, written notice must be received from the airline representative or aircraft commander both at the Customs office at the place of preclearance and at or for the place of intended landing within seven days, unless notice is otherwise given in accordance with a procedure previously agreed to with the carrier by the district director involved. 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.

(Secs. 14, 448, 450, 451, 644, 67 Stat. 516, 46 Stat. 714, as amended, 715, as amended, 761; 19 U.S.C. 1322, 1448, 1450, 1451, 1644) [28 FR 14626, Dec. 31, 1963, as amended by T.D. 56288, 29 FR 14492, Oct. 22, 1964; T.D. 72-189, 37 FR 13976, July 15, 1972; T.D. 7494, 39 FR 10238, Mar. 19, 1974; T.D. 75-86, 40 FR 15387, Apr. 7, 1975; T.D. 75-201, 40 FR 33203, Aug. 7, 1975]

§ 6.3 Entry and clearance.

(a) Aircraft coming into any area from any place outside the United States shall be entered in such area if landing is made therein and if carrying passengers for hire or commercial cargo (see §6.7). Aircraft utilized by members of air travel clubs, whether such aircraft be owned or chartered by the air travel clubs, shall be treated as carrying passengers for hire. Aircraft proceeding from one area into another shall be entered in the latter area if landing is made therein and if carrying residue cargo. Aircraft not required to enter under this paragraph are subject to other customs requirements (see § 6.2).

(b) Entry shall be made by the aircraft commander, or by any other au