Subpart K-Special Provisions Relating to Aircraft § 71.501 Scope. (a) The term "aircraft", as used in this subpart, means civil aircraft, that is, aircraft not Government-owned and used 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. (b) The term "international airport", as used in this subpart and in Subpart L of this part, means any airport designated by the 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. (c) The term "United States", as used in this subpart, means the 50 States, the District of Columbia, Puerto Rico, and the Virgin Islands. [21 FR 9870, Dec. 12, 1956, as amended at 25 FR 2531, Mar. 25, 1960] § 71.502 Place of landing. (a) Every aircraft on an international flight and subject to quarantine inspection under Subpart D of this part shall make its first landing in the United States at an international airport, unless permission to land elsewhere has been granted by the Commissioner of Customs or other authorized customs officer with concurrence of the Public Health Service: Provided, That in cases in which such permission is not required by customs regulations, application for permission shall be made to the Surgeon General, for aircraft operated by scheduled airlines, and to the medical officer in charge at or nearest the intended place of first landing, for all other aircraft. (b) Unless such permission has been granted, the first landing shall also be made at an international airport when conditions at the place of departure cause an aircraft to be subject to quarantine inspection on a flight between ports under control of the United States. § 71.503 Advance notice of arrival. (a) Notice of intended flight shall be furnished either by or at the request of the aircraft commander to the medical officer in charge at or nearest the intended place of first landing in the case of aircraft coming to a port under the control of the United States from any place outside the United States, and in the case of an aircraft flying between ports under the control of the United States when the aircraft is subject to quarantine inspection. Such notice may be forwarded through the collector or other customs officer in charge in cases in which the customs regulations also require advance notice of arrival. The notice shall be furnished direct to the medical officer in charge in cases in which advance notice of arrival is not required by customs regulations. (b) The notice shall specify the type of aircraft, the registration marks on it, the name of the aircraft commander, the place of last departure, the international airport or other place at which landing has been authorized, the number of aliens and citizens on board, and the estimated time of arrival. The notice shall be sent in time to enable the inspecting officers to reach the airport prior to arrival of the aircraft. (c) Such notice is not required for aircraft of a scheduled airline arriving in accordance with a regular schedule filed with the Collector of Customs for the district in which the place of first landing is situated or with the medical officer in charge or immigration officer in charge at the place of landing. § 71.504 Emergency or forced landing. When an emergency or forced landing in the United States is made by an aircraft coming from any port not under the control of the United States, or by any aircraft subject to quarantine inspection under Subpart D of this part, the aircraft commander shall not allow any things on board to be removed from the landing place, or allow any person on board to depart from the landing place, without permission of a quarantine officer, unless such removal or departure is necessary for purposes of safety, communication with governmental authorities, or the preservation of life, health, or property. As soon as practicable the aircraft commander, a member of the crew in charge, or the owner of the aircraft shall communicate with the nearest quarantine officer and report in full the circumstances of the flight and of the emergency or forced landing. Mail carried as such may be removed from the aircraft upon landing, but if removed shall be delivered at once to a responsible officer or employee of the Postal Service. § 71.505 Special sanitary treatment. Any aircraft arriving from any foreign port or place which the quarantine officer declares to be of such menace that it cannot be adequately or safely handled at the airport of first or intended landing shall be required to proceed with all passengers and persons employed on board and all mail, baggage, cargo, or other contents on board, as may be designated by such officer, to an airport indicated by such officer to have adequate facilities for such treatment as shall be prescribed by him. § 71.506 Applicability of regulations: Penalties. (a) The regulations appearing in this part are applicable to aircraft and to passengers, merchandise, and baggage carried thereon, in the absence of express provision to the contrary. (b) Any person violating any regulation in this part relating to aircraft or any provision of the regulations made applicable to aircraft by this section shall be subject to punishment by fine or imprisonment as provided for in section 368(a) of the Public Health Service Act (42 U.S.C. 271(a)). Any aircraft which violates any regulation in this part relating to aircraft or any provision of the regulations in this part made applicable to aircraft by this section shall be subject to forfeiture as provided for in section 368(b) of § 71.603 Disposal of waste matter: Airports and aircraft. (a) Every airport shall be provided with an effective system for the removal and safe disposal of excrement, refuse, waste water, condemned food, and other matter dangerous to health. (b) Aircraft inbound or outbound on an international flight shall not discharge over the United States, its territories, or possessions any excrement, garbage, waste or waste water. Arriving aircraft shall discharge such matter only at a servicing area of an airport equipped with a system for safe disposal of said matter. § 71.604 Designation of sanitary airports. An airport may be designated by the Surgeon General as a sanitary airport after due investigation to establish: (a) That a sufficient need exists for such designation; (b) That the airport has at its disposal: (1) An organized medical service with adequate staff, equipment, and premises; (2) Facilities for the transport, isolation, and care of infected persons or suspects; (3) Facilities for efficient disinfection and disinsecting, for the destruction of rodents, and for any other appropriate measure provided for by the regulations in this part; (4) A bacteriological laboratory, or facilities for dispatching suspected material to such a laboratory; (5) Facilities for vaccination against cholera, yellow fever, and smallpox. § 71.605 Yellow fever areas: Sanitary requirements: Ports and airports. (a) Every port, and the area within the perimeter of every airport, shall be kept free from Aedes aegypti in its larval and adult stages. (b) Any building within a direct transit area provided at any airport situated in a yellow fever receptive area shall be mosquito proof. (c) Every person employed at an airport situated in a local area infected with yellow fever and every member of the crew of an aircraft using any such airport shall be in possession of a valid certificate of vaccination against yellow fever. (d) Every sanitary airport situated in a yellow fever receptive area shall: (1) Be provided with mosquito-proof dwellings and have at its disposal mosquito-proof sick quarters for passengers, crews and airport personnel; and (2) Be freed from mosquitoes by systematically destroying them in their larval and adult stages within the perimeter of the airport, and within a protective area extending for a distance of four hundred meters around that perimeter. [21 FR 9870, Dec. 12, 1956, as amended at 22 FR 6464, Aug. 13, 1957] § 71.606 Perimeter: Airports only. As used in this subpart, the perimeter of an airport means a line enclosing the airport buildings and any land or water used or intended to be used for the parking of aircraft. §71.607 Withdrawal of designation. The designation of an airport as a sanitary airport may be withdrawn by the Surgeon General after reasonable notice to the airport whenever he finds that the airport fails to comply with any applicable sanitary requirement prescribed in this subpart or fails to meet the conditions prescribed in §§ 71.602 and 71.603. § 71.608 Cholera and plague: Persons unloading vessels or aircraft. (a) Cholera. Persons who unload a cholera infected vessel or aircraft, and in the judgment of the medical officer in charge have been exposed to risk of infection, shall be placed under surveillance for a period not to exceed five days from the time they cease unloading. (b) Plague. Persons who unload a vessel or aircraft may be disinsected and placed under surveillance or in isolation for a period not to exceed six days from the time they cease unloading, if the vessel or aircraft is infected or during the voyage has been infected with human or rodent plague, or if inspection of the vessel or aircraft has revealed rodent mortality of undetermined cause, and in the judgment of the medical officer in charge such persons have been exposed to risk of infection. § 71.609 Designation of international airports. (a) International airports (see § 71.501(b)) will be designated after due investigation to establish the fact that a sufficient need exists in any particular district or area to justify such designation and to determine the airport best suited for such purpose. (b) A specific airport will be designated in each case, rather than a general area or district which may include several airports. (c) The designation as an international airport may be withdrawn if it is found that the volume of business clearing through the port does not justify maintenance of inspection equipment and personnel, if proper facilities are not provided and maintained by the airport, if the rules and regulations of the Federal Government are not complied with, or if it be found that some other location would be more advantageous. (d) International airports shall be municipal airports, unless particular conditions which prevail warrant a departure from this requirement. (e) Each international airport shall provide without cost to the Government suitable office and other space for the exclusive use of Federal officials connected with the port. A suitable surfaced loading area shall be provided by each airport at a convenient location with respect to such office space. Such loading area shall be reserved for the use of aircraft entering or clearing through the airport. (f) International airports shall be open to all aircraft for entry and clearance purposes and no charge shall be made for the use of said airports for such purposes. However, in any case where an international airport authorizes any such aircraft to use such airport for the taking on or discharging of passengers or cargo, or as a base for other commercial operations or for private operations, this paragraph shall not be interpreted to mean that charges may not be made for such commercial or private use of such airport. (g) All aircraft entering or clearing through an international airport shall receive the required servicing by airport personnel promptly and in the order of arrival or preparation for departure without discrimination. The charges made for such servicing shall in no case exceed the schedule of charges prevailing at the airport in question. A copy of said schedule of charges shall be posted in a conspicuous place at the office space provided for the use of Federal officials connected with the port. (h) International airports shall adopt and enforce observance of such requirements for the operation of airports, including airport rules, as may be prescribed or recommended by the Federal Aviation Agency. (i) Requirements in addition to all the foregoing may be imposed at a particular airport as the needs of the district or area to be served by the airport may demand. § 71.700 Appendix-Excerpts from International Sanitary Regulations (World Health Organization Regulations No. 2). PART I-DEFINITIONS For the purposes of these Regulations "direct transit area" means a special area established in connexion with an airport, approved by the health authority concerned and under its direct supervision, for accommodating direct transit traffic and, in particular, for accommodating, in segregation, passengers and crews breaking their air voyage without leaving the airport; "local area" means (a) The smallest area within a territory, which may be a port or an airport, having a defined boundary and possessing a health organization which is able to apply the appropriate sanitary measures permitted or prescribed by these Regulations; the situation of such an area within a larger area which also possesses such a health organization shall not preclude the smaller area from being a local area for the purposes of these Regulations; or (b) an airport in connexion with which a direct transit area has been established; PART IV-SANITARY MEASURES AND PROCEDURES CHAPTER II-SANITARY MEASURES ON DEPARTURE Article 30 1. The health authority for a port or an airport or for the local area in which a frontier post is situated may, when it considers it necessary, medically examine any person before his departure on an international voyage. The time and place of this examination shall be arranged to take into account the customs examination and other formalities, so as to facilitate his departure and to avoid delay. 2. The health authority referred to in paragraph 1 of this Article shall take all practicable measures (a) To prevent the departure of any infected person or suspect; (b) To prevent the introduction on board a ship, an aircraft, a train, or a road vehicle of possible agents of infection or vectors of a quarantinable disease. 3. Notwithstanding the provisions of subparagraph (a) of paragraph 2 of this Article, a person on an international voyage who on arrival is placed under surveillance may be allowed to continue his voyage. If he is doing so by air, the health authority for the airport shall record the fact on the General Declaration. PART VI-SANITARY DOCUMENTS Article 98 1. The certificates specified in Appendices 1, 2, 3, and 4 shall be printed in English and in French. An official language of the territory of issue may be added. 2. The certificates referred to in paragraph 1 of this Article shall be completed in English or in French. Article 99 A vaccination document issued by the Armed Forces to an active member of those Forces shall be accepted in lieu of an international certificate in the form shown in Appendix 2, 3, or 4 if— (a) It embodies medical information substantially the same as that required by such form; and (b) It contains a statement in English or in French recording the nature and date of the vaccination and to the effect that it is issued in accordance with this Article. PART X-TRANSITIONAL PROVISIONS Article 115 1. A certificate of vaccination issued in accordance with the Convention of 21 June 1926, as amended by the Convention of 15 December 1944, or in accordance with the Convention of 12 April 1933, as amended by the Convention of 15 December 1944, before the entry-into-force of these Regulations shall continue to be valid for the period for which it was previously valid. Moreover, the validity of a certificate of vaccination against yellow fever so issued shall be extended for two years after the date on which it would otherwise have ceased to be valid. § 72.1 General definitions. As used in this part, terms shall have the following meaning: (a) Bactericidal treatment. The application of a method or substance for the destruction of pathogens and other organisms. (See § 72.4). (b) Communicable diseases. Illnesses due to infectious agents or their toxic products, which may be transmitted from a reservoir to a susceptible host either directly as from an infected person or animal or indirectly through the agency of an intermediate plant or animal host, vector, or the inanimate environment. 'The regulations appropriate to Food and Drug Administration function, formerly appearing in this Part have been transferred to Title 21 of the Code of Federal Regulations, Chapter I, Parts 1240 and 1250. See redesignation table. 30-113 0-79--45 |