§ 238.5 8 CFR Ch. I (1±1±97 Edition) P. & O. Inc. § 212.1(e) of this chapter shall enter into P & O Lines (North America) Inc. an agreement on Form I±760. Such Pacific Interstate Airlines. agreements shall be negotiated di- Pacific Western Airlines, Ltd. Paquet Cruise Lines, Inc. rectly by the Central Office and head San Juan Airlines, Inc. offices of the transportation lines. Skylink Airlines. (b) [Reserved] South Pacific Island Airways. Standard Airways, Inc. [52 FR 48084, Dec. 18, 1987] Sundance Cruises, Inc. Trans World Airlines, Inc. PART 239ÐSPECIAL PROVISIONS United Air Lines, Inc. Universal Airlines, Inc. RELATING TO AIRCRAFT: DES- VCHC Enterprises, Limited. IGNATION OF PORTS OF ENTRY Wardair Canada, Inc. FOR ALIENS ARRIVING BY CIVIL Western Airlines, Inc. AIRCRAFT World Airways, Inc. AT VICTORIA Sec. 239.1 Definitions. Airwest Canada. 239.2 Landing requirements. B.C. Stena Line, Ltd. Black Ball Transport, Inc. 239.3 Aircraft; how considered. British Columbia Coast Steamship Service. 239.4 International airports for entry of British Columbia Steamship Co. (1975), Ltd. aliens. Canadian Airlines International, Ltd. AUTHORITY: 8 U.S.C. 1103, 1221, and 1229; 66 Canadian Pacific Railway Co. Stat. 173, 195, 203. Clipper Navigation, Inc. Island Jetfoil Corporation. § 239.1 Definitions. Miami Air International, Inc. Northwest Hydrofoil Lines, Inc. (a) Scheduled Airline. This term Royal Cruise Line. means any individual, partnership, cor- Washington State Ferries. poration, or association engaged in air Yarmouth Cruises, Inc. transportation upon regular schedules AT WINNIPEG to, over, or away from the United States, or from one place to another in Aero Trades (Western) Ltd. the United States, and holding a For- Air Canada. Air Niagara Express, Inc. eign Air Carrier permit or a Certificate Aspen Airways, (dba United Express). of Public Convenience and Necessity is- Canadian Airlines International, Ltd. sued pursuant to the Federal Aviation CP Air. Act of 1958 (72 Stat. 731). Express One International, Inc. (b) International Airport. An inter- Frontier Airlines, Inc. national airport is one designated by Holiday Air of America. the Commissioner for the entry of Miami Air International, Inc. Nordair Limited. aliens with the prior approval of the North Central Airlines. Secretary of Commerce, Secretary of Northwest Airlines, Inc. the Treasury and the Secretary of Pacific Western Airlines, Ltd. Health and Human Services. Trans Air, Ltd. (c) Landing Rights Airport. An airport, Trans World Airlines, Inc. although not designated as inter- VCHC Enterprises, Limited. national, at which permission to land Wardair Canada, Inc. has been granted to aircraft operated [32 FR 9630, July 4, 1967] by scheduled airlines by the Commis- EDITORIAL NOTE: For FEDERAL REGISTER ci- sioner of Customs. tations affecting § 238.4, see List of CFR Sec- [49 FR 50018, Dec. 26, 1984] tions Affected in the Finding Aids section of this volume. § 239.2 Landing requirements. § 238.5 Aliens entering Guam pursuant (a) Place of landing. Aircraft carrying to section 14 of Public Law 99±396, passengers or crew required to be in- ``Omnibus Territories Act''. spected under the Act shall land at the (a) Form I±760 agreements. A transpor- international air ports of entry enu- tation line bringing aliens to Guam merated in part 100 of this chapter un- under the visa waiver provisions of less permission to land elsewhere shall 370 VerDate 21-FEB-97 13:41 Feb 21, 1997 Jkt 174022 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 E:\CFR\174022.040 174022 Immigration and Naturalization Service, Justice § 239.4 first be obtained from the Commis- allow any passenger or crewman there- sioner of Customs in the case of air- on to depart from the landing place craft operated by scheduled airlines, without permission of an immigration and in all other cases from the district officer, unless such departure is nec- director of Customs or other Customs essary for purposes of safety or the officer having jurisdiction over the preservation of life or property. As Customs port of entry nearest the in- soon as practicable, the commanding tended place of landing. Notwithstand- officer or person in command, or the ing the foregoing, aircraft carrying owner of the aircraft, shall commu- passengers or crew required to be in- nicate with the nearest immigration spected under the Act on flights origi- officer and make a full report of the nating in Cuba shall land only at Fort circumstances of the flight and of the Lauderdale-Hollywood Airport, Fort emergency or forced landing. Lauderdale, Florida, unless advance [22 FR 9795, Dec. 6, 1957, as amended at 32 FR permission to land elsewhere has been 9631, July 4, 1967; 45 FR 29243, May 1, 1980; 49 obtained from the District Director of FR 50019, Dec. 26, 1984; 54 FR 102, Jan. 4, 1989; the Immigration and Naturalization 54 FR 1050, Jan. 11, 1989] Service at Miami, Florida. (b) Advance notice of arrival. Aircraft § 239.3 Aircraft; how considered. carrying passengers or crew required to Except as otherwise specifically pro- be inspected under the Immigration vided in the Immigration and National- and Nationality Act, except aircraft of ity Act and this chapter, aircraft arriv- a scheduled airline arriving in accord- ing in or departing from the continen- ance with the regular schedule filed tal United States or Alaska directly with the Service at the place of land- from or to foreign contiguous territory ing, shall furnish notice of the intended or the French island of St. Pierre or flight to the immigration officer at or Miquelon shall be regarded for the pur- nearest the intended place of landing, poses of the Immigration and National- or shall furnish similar notice to the ity Act and this chapter as other trans- district director of Customs or other portation lines or companies arriving Customs officer in charge at such or departing over the land borders of place. Such notice shall specify the the United States. Aliens on aircraft type of aircraft, the registration marks arriving overland in foreign contiguous thereon, the name of the aircraft com- territory on journeys which did not mander, the place of last departure, the begin outside of North or South Amer- airport of entry, or other place at ica or islands belonging to countries or which landing has been authorized, to political subdivisions of these con- number of alien passengers, number of tinents shall not be held to be subject citizen passengers, and the estimated to section 212(a)(24) of the Immigration time of arrival. The notice shall be and Nationality Act. sent in sufficient time to enable the of- [22 FR 9795, Dec. 6, 1957] ficers designated to inspect the aircraft to reach the airport of entry or such § 239.4 International airports for entry other place of landing prior to the ar- of aliens. rival of the aircraft. International airports for the entry (c) Permission to discharge or depart. of aliens shall be those airports des- Aircraft carrying passengers or crew ignated as such by the Commissioner. required to be inspected under the Im- An application for designation of an migration and Nationality Act shall airport as an international airport for not discharge or permit to depart any the entry of aliens shall be made to the passenger or crewman without permis- Commissioner and shall state whether sion from an immigration officer. the airport: (a) Has been approved by (d) Emergency or forced landing. the Secretary of Commerce as a prop- Should any aircraft carrying pas- erly equipped airport, (b) has been des- sengers or crew required to be in- ignated by the Secretary of the Treas- spected under the Immigration and Na- ury as a port of entry for aircraft arriv- tionality Act make a forced landing in ing in the United States from any place the United States, the commanding of- outside thereof and for the merchan- ficer or person in command shall not dise carried thereon, and (c) has been 371 VerDate 21-FEB-97 13:41 Feb 21, 1997 Jkt 174022 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 E:\CFR\174022.041 174022 § 240.1 8 CFR Ch. I (1±1±97 Edition) designated by the Secretary of Health, § 240.1 Definitions. Education, and Welfare as a place for As used in this part: quarantine inspection. An airport shall not be so designated by the Commis- Act means the Immigration and Na- sioner without such prior approval and tionality Act, as amended by the Immi- designation, and unless it appears to gration Act of 1990. the satisfaction of the Commissioner Brief, casual, and innocent absence that conditions render such designa- means a departure from the United tion necessary or advisable, and unless States that satisfies the following cri- adequate facilities have been or will be teria: provided at such airport without cost (1) Each such absence was of short to the Federal Government for the duration and reasonably calculated to proper inspection and disposition of accomplish the purpose(s) for the ab- aliens, including office space and such sence; temporary detention quarters as may (2) The absence was not the result of be found necessary. The designation of an order of deportation, an order of an airport as an international airport voluntary departure, or an administra- for the entry of aliens may be with- tive grant of voluntary departure with- drawn whenever, in the judgment of out the institution of deportation pro- the Commissioner, there appears just ceedings; and cause for such action. (3) The purposes for the absence from the United States or actions while out- [22 FR 9795, Dec. 6, 1957] side of the United States were not con- trary to law. PART 240ÐTEMPORARY PROTECTED Charging document means Form I±221 STATUS FOR NATIONALS OF DES- (Order to Show Cause and Notice of IGNATED STATES Hearing), Form I±221S (Order to Show Cause, Notice of Hearing, and Warrant Sec.