Agency Information Collection Activities; Proposals, Submissions, and Approvals: Passenger and Crew Manifest

October 11, 2006 Bureau of Customs and Border Protection Office of Regulations and Rulings Regulations Branch 1300 Pennsylvania Avenue, NW (Mint Annex) Washington, DC 20229 RE: Docket No. USCBP-2005-0003: Passenger Manifests for Commercial Aircraft Arriving in and Departing From the United States; Passenger and Crew Manifests for Commercial Vessels Departing From the United States The National Air Transportation Association (NATA), the voice of aviation business, is the public policy group representing the interests of aviation businesses before Congress, federal agencies and state governments. NATA?s 2,000 member companies own, operate, and service aircraft. These companies provide for the needs of the traveling public by offering services and products to aircraft operators and others such as fuel sales, aircraft maintenance, parts sales, storage, rental, airline servicing, flight training, Part 135 on-demand air transportation, fractional aircraft program management and scheduled commuter operations in smaller aircraft. NATA members are a vital link in the aviation industry providing services to the general public, airlines, general aviation, and the military. NATA appreciates the opportunity to comment on this Notice of Proposed Rulemaking (NPRM) on behalf of our members conducting unscheduled (or ?on- demand?) international air transportation under 14 CFR Part 135 of the Federal Aviation Regulations. NATA appreciates the CBP?s recognition that most of these small air carriers cannot adopt the airline method and have accommodated them in the rule. However, the association does have some concerns with the process outlined by the CBP for these carriers. Definition of ?Departure? The proposed definition of departure is flawed in that it does not reflect small aircraft loading procedures prior to takeoff. Small unscheduled air charter operators do not ?push back? from ?gates.? In fact, not only do they not use gates, they generally do not access the airline terminal area at all. Rather, they use the ?general aviation? ramp area, and passengers load by simply walking up to the aircraft and boarding via the aircraft?s stairs. The definition proposed by the CBP does not accurately reflect the small air carrier aircraft passenger loading process and, if unchanged, it will leave operators unable to clearly determine when ?departure? occurs. This discrepancy must be addressed or operators will be exposed to potential enforcement action due to differences of interpretation. To correct this problem, NATA proposes amending the definition to accommodate operations that do not use airport terminal gates. NATA proposed text is in bold. ??Departure?? means the moment at which the aircraft is pushed back from the gate for the purpose of commencing its approach to the point of take off. When the aircraft does not use a gate, ?departure? means the moment at which all passengers have boarded and the aircraft?s passenger boarding door is closed for the purpose of commencing its approach to the point of take off. ?Not Cleared? Communications The NPRM states that the CBP will use telephone or email to communicate with the small air carriers using the eAPIS service to submit manifest data. Most operators using the eAPIS service are small businesses and, as such, do not necessarily have employees standing by at all times to receive communications from the CBP at their base of operations. NATA recommends that the CBP develop a flexible program, able to accept a separate point of contact (email and telephone number) for each manifest submitted, rather than create a system that accepts only a single contact for all operations of the entire business. NATA is pleased that the CBP has clearly made an effort to address the unique needs and circumstances of small, unscheduled air carriers. However, the association is concerned about air carrier liability if, for example, an email communication from the CB…