CBP Manifest Final Rules Include Few Changes

CBP MANIFEST FINAL RULES INCLUDE FEW CHANGES

Alexandra, VA, November 18, 2008 — In regulations published today, the Customs and Border Patrol (CBP) agency will require private aircraft operators to submit detailed manifests prior to any flight entering or departing the United States. The National Air Transportation Association (NATA), while pleased that the CBP offered some concessions for operations to remote areas, is disappointed that the CBP do not give additional consideration to the smallest of operators.

Beginning on May 18, 2009, any privately operated aircraft arriving or departing the United States must submit an electronic passenger and crew manifest via the CBP’s Electronic Advance Passenger Information System (eAPIS). eAPIS is already widely used by the on-demand air charter industry to comply with commercial operator manifest requirements.

Although the CBP received hundreds of comments challenging the need for the rules, the agency has moved forward with instituting the manifest requirement. In comments to the agency, NATA had expressed concern with the ability for operators to submit manifests using the Internet-based eAPIS when many locations, particularly those outside the U.S., may not have computers or Internet access available.

NATA is pleased that the CBP has attempted to address this concern by allowing pilots to submit their return manifests in advance of the departure. The CBP states that while manifests must be submitted at least 60 minutes prior to flight there is no specified maximum time for supplying the manifest data and obtaining landing clearance. 

Customs recognized that allowing manifest submissions potentially several days in advance could be problematic should the need arise for a change in the expected time of arrival or a change to the arrival location. The CBP will allow the pilot to make such changes via telephone or radio. It does not appear that the CBP will permit the addition of new passengers to a manifest via any method other than eAPIS.

“While not a perfect solution, this will allow a pilot flying a small plane from the U.S. to remote areas in Canada, for example, to file a return manifest prior to even leaving the States,” explained NATA Director of Regulatory Affairs Jacqueline Rosser.

“Although our air charter operators have been complying with eAPIS requirements for some time, we are concerned that this will be a difficult transition for private aircraft operators. For those owners with aircraft managed by an air charter operator, we strongly encourage them to reach out to their management team at the charter operator for insight on how the system functions in real-world operations,” Rosser explained.

“We also encourage the CBP to provide interpretations and additional guidance for compliance with these significant requirements in a timely manner to aid the general aviation community in adapting to these new mandates,” Rosser stated.

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NATA, the voice of aviation business, is the public policy group representing the interests of aviation businesses before the Congress and federal agencies.