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Mon, Nov 17, 2008

DHS Enacts New Rules Governing Private Aircraft Operations

New Rules Mirror Commercial Requirements

Over the objections of the EAA and other aviation "letter groups," the US Customs and Border Protection agency recently enacted new rules changing the procedure for private aircraft to provide advance notice of their intended arrival or departure, and submit manifests of the persons on board. Private aircraft are defined as any aircraft, other than government or military, which are not engaged in carrying passengers or cargo for compensation.

The new process is similar to the one currently in use by commercial aircraft and will standardize advance notice procedures for all CBP airports of entry. Under the new rule, pilots (or their designee) will be required to submit advance notice and passenger/crew manifest information to CBP via an approved electronic data interchange system, no later than 60 minutes prior to departure.

Previously, pilots were required to provide at least 60-minutes advance notice of their arrival either directly to CBP at the place of intended arrival, or by requesting in the remarks section of their flight plan that Federal Aviation Administration Flight Services advise CBP ("ADCUS"). Some but not all CBP locations also request that pilots fax CBP detailed information about the passengers, crew and aircraft in advance.

CBP says the electronic submission will include "essentially" the same data elements previously provided through other means. CBP will require that the pilot compare the manifest data to the information on a Department of Homeland Security approved travel document presented by each individual seeking travel onboard the aircraft.

Such a departure clearance has been required for commercial aircraft for some time, and the new rule will make such reporting consistent for all general aviation aircraft through the same web portal.

"CBP is working to strengthen general aviation security by further minimizing the vulnerability of general aviation flights being used to deliver illicit materials, transport dangerous individuals, or employ the aircraft as a weapon," reads an agency release. "Compared to regularly scheduled commercial airline operations, there is only a limited pre-screening of private arriving aircraft, passengers, and crew prior to departure. There is also little to no screening of departing private aircraft, passengers and crew prior to departure from the United States."

FMI: www.cbp.gov

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