[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR234.2]

[Page 407]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 234_DESIGNATION OF PORTS OF ENTRY FOR ALIENS ARRIVING BY CIVIL 
AIRCRAFT--Table of Contents
 
Sec.  234.2  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. Notwithstanding the foregoing, aircraft carrying 
passengers and crew required to be inspected under the act on flights 
originating in Cuba shall land only at John F. Kennedy International 
Airport, Jamaica, New York; the Los Angeles International Airport, Los 
Angeles, California; or the Miami International Airport, Miami, Florida, 
unless advance permission to land elsewhere has been obtained from the 
Office of Field Operations at Headquarters.
    (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 officer.
    (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; 45 FR 
29243, May 1, 1980; 49 FR 50019, Dec. 26, 1984; 54 FR 102, Jan. 4, 1989; 
54 FR 1050, Jan. 11, 1989; 65 FR 58903, Oct. 3, 2000]