[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR258.1]



[Page 615]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 258_LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN

--Table of Contents

 

Sec. 258.1  Limitations--General.









Sec.

258.1 Limitations--General.

258.2 Exceptions.

258.3 Action upon arrival.



    Authority: 8 U.S.C. 1101, 1103, 1281; 8 CFR part 2.



    Source: 57 FR 40834, Sept. 8, 1992, unless otherwise noted.





    (a) Longshore work defined. Longshore work means any activity 

relating to the loading and unloading of cargo, the operation of cargo-

related equipment [whether or not integral to the vessel], and the 

handling of mooring lines on the dock when the vessel is made fast or 

let go, in the United States or the coastal waters thereof.

    (1) Longshore work is not included in the term ``normal operation 

and service on board a vessel'' for the purposes of section 

101(a)(15)(D)(i) of the Act except as provided in sections 258 (c) or 

(d) of the Act.

    (2) A vessel that uses nonimmigrant crewmen to perform longshore 

work, other than the activities allowed in particular circumstances 

under Sec. 258.2 (a)(2), (b), or (c) of this part, shall be subject to 

a fine under section 251(d) of the Act.

    (b) Port defined. For purposes of this section, the term port means 

a geographic area, either on a seacoast, lake, river, or other navigable 

body of water, which contains one or more publicly or privately owned 

terminals, piers, docks, or maritime facilities, which is commonly 

regarded as a port by other government maritime related agencies, such 

as the Maritime Administration.