Advance Information on Private Aircraft Arriving and Departing the United States

December 4, 2007 Border Security Regulation Branch Office of International Trade U.S. Customs and Border Protection 1300 Pennsylvania Avenue, NW, (Mint Annex) Washington, DC 20229 RE: NOTICE OF PROPOSED RULEMAKING, ADVANCE INFORMATION ON PRIVATE AIRCRAFT ARRIVING AND DEPARTING THE UNITED STATES The National Air Transportation Association (NATA) is the public policy group representing the interests of aviation businesses before Congress and the federal agencies. NATA?s 2000 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, aircraft parts sales, airline servicing, aircraft storage, flight training, Part 135 on-demand air charter, aircraft rental, and scheduled commuter operations in smaller aircraft. NATA members are the 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 these proposed regulations to require submission of manifest data prior to any flight departing from or arriving in the United States. While the regulations are largely similar to those applicable to NATA?s members conducting commercial on-demand air carrier operations, NATA believes that the Customs and Border Protection (CBP) agency has falsely presumed a far greater similarity between commercial and private operators than actually exists. Although in many circumstances similar aircraft are utilized in both commercial and private aviation, the actual operation of the aircraft is often quite different. We have identified the following key concerns: ?Mandatory exclusive use of computer and Internet technologies ?Manifest data elements ?Unclear actions for not cleared passengers/pilots ?Inaccurate costs for compliance Mandatory Exclusive Use of Computer and Internet Technologies The CBP proposal that every flight departing from or arriving in the U.S. submit a detailed manifest no later than one hour prior to the departure is a multifaceted problem. A submitter is also required to receive a response from the CBP. The only method of compliance permitted is to transmit the manifest via an electronic format. The industry would primarily comply by using the electronic Advance Passenger Information System (eAPIS). The required electronic format is for the convenience and benefit of the government, not the persons required to comply. Instead of simplifying compliance, mandatory submission of manifests via the Internet will actually complicate compliance for the regulated party. The simple fact for many small private operators is that they may have easy personal access to the Internet while within the U.S., but outside the U.S. access to the Internet, computers, and even telephones and electricity can be sporadic at best. Under today?s regulations, aircraft operators bound for the U.S. can notify Customs of their arrival via a radio transmission. There is no provision in the notice of proposed rulemaking (NPRM) for alternate submission methods if the departure is from an area without Internet access, other than the CBP would permit the pilot to authorize another party to submit data on his or her behalf. While this may partially address problems, the pilot still must somehow obtain the acknowledgement that his or her flight is approved by the CBP either by receiving the CBP email or by communication with the person(s) submitting the manifest at the pilot's behest. Again, this assumes telecommunications availability at a level that just does not reliably exist outside the U.S. Regarding the timing of the transmission, NATA sees no reason why the timing of any manifest submission should be different for private and commercial operators. For clarity and consistency, NATA strongly recommends that the CBP revise the requirement for sub…