Part 6--AIR COMMERCE REGULATIONS

Sec.
6.15 Transportation in bond and merchandise in transit.
6.16 Certificates 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 ut port of arrival,
6.25 Flights to and from the Virgin Islands; provisions

applicable,

Authority: Sections 6.1 to 6.24 issued under R. S. 161, as amended, 251, sec, TD 54871. 624, 46 Stat. 759, secs. 904, 1109, 72 Stat. 787, 799, as amended; 5 U, S, C. 22, 19 U. S. C. 66, 1624, 49 U. S. C. 1474, 1509. Additional authority is cited in parentheses following the sections affected,

6.1 Scope and definitions.--(a) The regulations in this part shall not be TDs S2706, 530%, applicable in the islands of Guam, Midway, American Samoa, Wake, Kingman 53933, 73.86. Reef, and Johnston 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 States in accordance with section, 6.25.

(b) The term “United States" when used in a geographical sense means the TD 83634. 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:

TDS 53634,55876. (1) The States and the District of Columbia,

(2) Puerto Rico. (d) The term "aircraft" means civil aircraft, that is, any aircraft not used TD 53634. exclusively in the governmental service of the United States or a foreign country, and includes any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(e) The term "aircraft commander" means the person serving on the air. TD 53634. craft having charge or command of its operation and navigation.

(f) The term scheduled airline" means any individual, partnership, cor• TDE 83634, 54871. poration, 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) ID 53743. means any person who by written authority, satisfactory to the District Director of Customs, 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.

(b) The term "international airport'' means any airport designated by the TD 53634. 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.

6.2 Landing requirements.-- (a) Place of landing.-- Every aircraft coming into TDD 49282, 50464, any area from any place outside thereof shall land in such area unless exempted 1595, S1674, 51741, from this requirement by the Administrator of the Federal Aviation Agency, saost, $2355, 54706 Washington, D.C. 20553. The first landing shall be at an international airport

5364, S4653, 54871, unless permission to land elsewhere shall first be granted, except that such per

56181, 746/4, 750201. mission 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 arriving from south of the United States. In the case of scheduled aircraft operated

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TD 74.94.

or

see

TDI 52995, 53634, 54244, 75.201.

TDs 53634, 75–201.

TD 75-201,

by scheduled airlines, such permission shall be granted by the regional commis.
sioner of Customs, or his designee, of the region where the place of the first
landing will occur, and in all other cases by the district director or other
Customs officer 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
forced landing,

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 section 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 section 6.14 and crossing into the United States within that zone, advance notice shall be furnished in accordance with the procedure prescribed in section 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 di. rector 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:

(i) 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 section 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 mer. chandise, including baggage, thereon intact and keep the passengers and crewmembers in a segregated place until the inspection officers arrive,

(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 sec. 6.9) 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

TD 75201,

TD 75-201,

TD 75201.

TD 53634,

TDs 53065, 53634, 56288, 75-86.

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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

TD 53634.

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