The Department of Homeland Security (DHS) today, September 11, 2007, announced new proposed general aviation (GA) security requirements to require more detailed information about arriving and departing private aircraft and persons onboard. The new regulation will assist DHS, in concert with the U.S. Customs and Border Protection (CBP), to identify and vet passengers and crew on inbound and outbound international private aircraft, generally defined as non-commercial flights. DHS is concerned that private aircraft may be used to transport terrorists to the U.S. The proposed rule aims to provide an additional layer of security for international private aircraft operations.
The Notice of Proposed Rulemaking (NPRM), Advanced Information on Private Aircraft Arriving and Departing the United States, expands existing regulations that will require pilots of private aircraft to provide electronic manifest data for all persons traveling onboard to the United States Government one hour prior to departure to and from the United States by filing manifest data via CBP’s EAPIS system or an approved alternate system. The NPRM will be published shortly in the Federal Register.
Approximately 400 non-commercial aircraft enter the U.S. from foreign locations each day, exclusive of helicopter operations in the Gulf of Mexico. The following information would be required of operators of private aircraft no less than 60 minutes prior to departure from or to a foreign port or place:
1.Advance notice of arrival
2.Complete passenger and crew manifest data
3.Aircraft information to foster aircraft identification, tracking, and communication
According to information provided by DHS to Helicopter Association International (HAI), DHS is considering a phased approach to implement the proposed security measures. Under Phase I, DHS will publish the NPRM to elicit public comments prior to issuance of a final rule and implementation of the new requirements. Under Phase II, and in close cooperation with the private aircraft owners and operators as well as foreign partners, DHS will develop methods and processes to address additional security vulnerabilities for international private aircraft operations at their last point of departure prior to entering U.S. airspace.
It is important for HAI members to note at this time DHS does not anticipate the imposition of any fees on general aviation associated with this proposed new system, nor does DHS expect the eAPIS requirements to significantly impact general aviation operations inbound to the U.S. from a foreign location.
The proposed requirements do not in any way relieve pilots of other international arrival requirements imposed by other U.S. agencies or Departments or foreign governments, unless the agency or government specifically provides for such relief.
Currently, private aircraft must provide advance notification of intent to land to CBP. This is usually one hour prior to arrival, but may vary with location. The pilot may call the local CBP port office or route notification through the Federal Aviation Administration (FAA). Notification to CBP includes aircraft type, registration number, pilot name, port of departure, airport of arrival, number of U.S. and alien passengers, and estimated time of arrival. Additional information, including information about the passengers, is currently collected by CBP upon arrival of the aircraft in the U.S. The NPRM will require advance notification along with passenger and crew information prior to departure. This will provide an opportunity to assess the risk of the flight before it takes off from the foreign airport.
HAI is working closely with the Department of Homeland Security on this issue and will provide more information as developments occur in Washington. Once the NPRM is published in the Federal Register, persons wishing to comment on the proposed rule may access the Federal e-Rulemaking Portal at http://www.regulations.gov/ and follow the instructions for submitting comments. Submissions must include the agency name and docket number: “USCBP 2007-0064.”
