Concerned With Effect Of Proposed Rule On Small Operators

As ANN reported, on Tuesday the US Customs and Border Protection (CBP) agency released proposed rules that, if enacted, will require private aircraft operators to submit passenger manifest data prior to any arrival in or departure from the United States.

The proposal will impose passenger and crew manifest requirements on all private aircraft. The requirements are nearly identical to the manifest rules for commercial operators.

"We expect that many of the more sophisticated private aircraft operators, such as larger businesses with an extensive flight department, would be able to adapt to the proposed requirements. However, we are quite concerned with the effect of this rule on the smallest of operators," explained National Air Transportation Association President James K. Coyne.

For instance, NATA notes, currently a flight returning to the US from Canada may make required arrival notifications to the CBP via a radio transmission while en route. This would no longer be permissible under the proposal just released.

The reason the rules now permit a radio transmission is because the aircraft may not be near a telephone. In fact, some aircraft flights may originate from locations without power, let alone a high-speed Internet connection that is necessary to submit the electronic manifest data.

"It appears that these unique operations were not given sufficient consideration in the development of the new requirement," Coyne said. "We will submit detailed comments to the CBP as to how such operations might be better accommodated in the regulations."

"We look forward to working with the CBP to craft final regulations that will not overly restrict the freedom of movement that private aircraft operators cherish," Coyne concluded.

FMI: www.nata.aero, www.dhs.gov