Nauru Pacific Line. Naviera Aznar Sociedad Anonima. Netherlands Ministry of Transport and Wa- Nippon Yusen Kaisha (N.Y.K. Line). North Central Airlines Inc. Northeast Airlines, Inc. North German Lloyd Passenger Agency, Inc. (see Hapag/Lloyd A.G./North German Lloyd Passenger Agency, Inc.) Northwest Airlines, Inc. Norwegian America Line (Den Norske Amerikalinje A/S). Norwegian Caribbean Lines. Ocean Cargo Line, Ltd. Ocean Tanker Line, Ltd. (Lavino Shipping Co., Philadelphia, Agents). Ocean Tankers, Ltd. Oceanic Steamship Co., The Olsen Line, Fred (Fred Olsen & Co.). Ontario Central Airlines, Ltd. Orient Overseas Line. Orient Steam Navigation Co., Ltd. Osaka Shosen Kaisha, Ltd. Overseas National Airways. Ozean/Stinnes Linien. Pacific Australian Direct Line. Pacific Far East Line, Inc. Pacific Islands Transport Line A/S THOR DAHL. Pacific Micronesian Line, Inc. charft mbH, Stuttgart. Swedish American Line. Swiss Air Transport Co., Ltd. (SWISSAIR). TACA International Airlines, S.A. Taiwan Navigation Co., Ltd. Texas International Airlines, Inc. The Eastern & Australian Steamship Co. Ltd. Theofano Maritime Co., Ltd. Toyo Yusen Co., Ltd. Transair Limited-Winnipeg, Manitoba. Transatlantic Steamship Co., Ltd. (Rederiak-tiebolaget Transatlantic). Trans Caribbean Airways, Inc. Transavia Holland N.V. Transcontinental S.A. de Transportes C.El. Trans International Airlines, Corp. Trans Meridian Flying Services, Ltd. Transportation Corp. of America (Trans Caribbean Airways). Transportes Aeros Nacionales, S.A. (TAN Transportes Aereos Portugueses S.A.R.L. Trent Maritime Co., Ltd. Triton Shipping, Inc. Twentieth Century Airlines. Union de Transports Aeriens-U.T.A. United Philippine Line. United States Overseas Airlines, Inc. Venezuelan International Airlines, Inc. Westfal Larsen Line. White Star Maritime Co., Ltd. Wien Consolidated Airlines, Inc. Winchester, J. H., & Co., as agents for Costa Line. Windward Islands Airways International. Wamashita Steamship Co., Ltd. Zim Israel Navigation Co., Ltd. [32 FR 9630, July 4, 1967] NOTE: For FR citations affecting § 238.3, see List of CFR Sections Affected in the Finding Aids section of this volume. § 238.4 Preinspection outside the United States. The following transportation lines have entered into agreements on Form I-425 for the preinspection of their passengers and crews at places outside the United States: AT BERMUDA Air Venturers of Houston, Inc. American Airlines, Inc. (Charter Flights only). American Flyers Airline Corp. British Airways (British Airways Board). Capitol Airways, Inc. Delta Air Lines, Inc. Eastern Air Lines, Inc. Flying Tiger Line Inc., The. Furness, Withy and Co., Ltd. Guest Aerovias Mexico, S.A. Northeast Airlines, Inc. Pan American World Airways, Inc. Saturn Airways. Standard Air Ways, Inc. Swedish American Line Agency, Inc. Trans International Airlines. Trans World Airlines, Inc. Air Venturers of Houston, Inc. American Flyers Airline Corp. Bahamas Airways, Ltd. British Airways (British Airways Board). Eagle Airways (Bermuda), Ltd. Executive Jet Aviation, Inc. Flying Tiger Line, Inc., The. Great Lakes Airlines Limited. McCormick Shipping Corp., Eastern Shipping Corp. Agents. Modern Air Transport, Inc. National Airlines, Inc. Pan American World Airways, Inc. Trans Caribbean Airways, Inc. Trans World Airlines, Inc. United Air Lines, Inc. World Airways, Inc. Air Canada. AT VANCOUVER American Airlines, Inc. American Flyers Airline Corp. British Airways (British Airways Board). term As used in this part, the "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 one place to another in the United States, and holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity issued pursuant to the Federal Aviation Act of 1958 (72 Stat. 731). [22 FR 9795, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 2, 1959] $239.2 Landing requirements. (a) Place of landing. Aircraft carrying passengers or crew required to be inspected under the Act shall land at the international air ports of entry enumerated in Part 100 of this chapter unless permission to land elsewhere shall first be obtained from the Commissioner of Customs in the case of aircraft operated by scheduled airlines, and in all other cases from the district director of Customs or other Customs officer having jurisdiction over the Customs port of entry nearest the intended place of landing. Whenever permission is granted to land at other than a designated inter national air port of entry, the owner, operator, or person in charge of the aircraft shall pay any additional expenses incurred in inspecting passengers or crew on board such aircraft, except that when permission is granted to a scheduled airline to land an aircraft operating on a schedule, no inspection charge shall be made for overtime service performed by immigration officers if the aircraft arrives substantially in accordance with schedules on file with the Service. (b) Advance notice of arrival. Aircraft carrying passengers or crew required to be inspected under the Immigration and Nationality Act, except aircraft of a scheduled airline arriving in accordance with the regular schedule filed with the Service at the place of landing, shall furnish notice of the intended flight to the immigration officer at or nearest the intended place of landing, or shall furnish similar notice to the district director of Customs or other Customs officer in charge at such place. Such notice shall specify the type of aircraft, the registration marks thereon, the name of the aircraft commander, the place of last departure, the airport of entry, or other place at which landing has been authorized, number of alien passengers, number of citizen passengers, and the estimated time of arrival. The notice shall be sent in sufficient time to enable the officers designated to inspect the aircraft to reach the airport of entry or such other place of landing prior to the arrival of the aircraft. (c) Permission to discharge or depart. Aircraft carrying passengers or crew required to be inspected under the Immigration and Nationality Act shall not discharge or permit to depart any passenger or crewman without permission from an immigration offi cer. (d) Emergency or forced landing. Should any aircraft carrying passengers or crew required to be inspected under the Immigration and Nationality Act make a forced landing in the United States, the commanding officer or person in command shall not allow any passenger or crewman thereon to depart from the landing place without permission of an immigration officer, unless such departure is necessary for purposes of safety or the preservation of life or property. As soon as practicable, the commanding officer or person in command, or the owner of the aircraft, shall communicate with the nearest immigration officer and make a full report of the circumstances of the flight and of the emergency or forced landing. [22 FR 9795, Dec. 6, 1957, as amended at 32 FR 9631, July 4, 1967] § 239.3 Aircraft; how considered. Except as otherwise specifically provided in the Immigration and Nationality Act and this chapter, aircraft arriving in or departing from the continental United States or Alaska directly from or to foreign contiguous territory or the French island of St. Pierre or Miquelon shall be regarded for the purposes of the Immigration and Nationality Act and this chapter as other transportation lines or companies arriving or departing over the land borders of the United States. Aliens on aircraft arriving overland in foreign contiguous territory on journeys which did not begin outside of North or South America or islands belonging to countries or to political subdivisions of these continents shall not be held to be subject to section 212(a)(24) of the Immigration and Nationality Act. § 239.4 International airports for entry of aliens. International airports for the entry of aliens shall be those airports designated as such by the Commissioner. An application for designation of an airport as an international airport for the entry of aliens shall be made to the Commissioner and shall state whether the airport (a) has been approved by the Secretary of Commerce as a properly equipped airport, (b) has been designated by the Secretary of the Treasury as a port of entry for aircraft arriving in the United States from any place outside thereof and for the merchandise carried thereon, and (c) has been designated by the Secretary of Health, Education, and Welfare as a place for quarantine inspection. An airport shall not be so designated by the Commissioner without such prior approval and designation, and unless it appears to the satisfac tion of the Commissioner that conditions render such designation necessary or advisable, and unless adequate facilities have been or will be provided at such airport without cost to the Federal Government for the proper inspection and disposition of aliens, including office space and such temporary detention quarters as may be found necessary. The designation of an airport as an international airport for the entry of aliens may be withdrawn whenever, in the judgment of the Commissioner, there appears just cause for such action. PART 241--JUDICIAL RECOMMENDATIONS AGAINST DEPORTATION § 241.1 Notice; recommendation. For the purposes of clause 2 of section 241(b) of the Act, notice to the district director having administrative jurisdiction over the place in which the court imposing sentence is located shall be regarded as notice to the Service. The notice shall be transmitted to the district director by the court, a court official, or by counsel for the prosecution or the defense, at least 5 days prior to the court hearing on whether a recommendation against deportation shall be made. If less than 5 days' notice is received and sufficient time remains to prepare proper representations, due notice shall be regarded as having been made. When less than 5 days' notice is received and sufficient time is not available to prepare proper representations, but the 30-day statutory period will expire before proper representations can be prepared, an objection shall be interposed to the recommendation against deportation on the ground that due notice was not received. If the notice is received after the running of the 30-day statutory period, it shall be regarded as an invalid notice and whatever Service proceedings are warranted shall be instituted irrespective of the recommendation against deportation. The district director, or an official acting for him, in presenting representations to the court, shall advise the court the effect a favorable recommendation would have upon the alien's present and prospective deportability. A recommendation against deportation by |