[Federal Register: September 18, 2007 (Volume 72, Number 180)]
[Proposed Rules]
[Page 53393-53406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se07-29]
[[Page 53393]]
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Part V
Department of Homeland Security
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Bureau of Customs and Border Protection
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19 CFR Part 122
Advance Information on Private Aircraft Arriving and Departing the
United States; Proposed Rule
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 122
[USCBP-2007-0064]
RIN 1651-AA41
Advance Information on Private Aircraft Arriving and Departing
the United States
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice of proposed rulemaking (NPRM) proposes to require
the pilot of any private aircraft arriving in the United States from a
foreign port or location or departing the United States for a foreign
port or location to transmit to Customs and Border Protection (CBP) an
advance electronic transmission of information regarding each
individual traveling onboard the aircraft.
This NPRM also proposes to add data elements to the existing notice
of arrival requirements and proposes a new notice of departure
requirement. The notice of arrival and notice of departure information
would be required to be submitted to CBP through an approved electronic
data interchange system in the same transmission as the corresponding
arrival or departure manifest information. Under the NPRM, this data
must be received by CBP no later than 60 minutes before an arriving
private aircraft departs from a foreign location and no later than 60
minutes before a private aircraft departs a United States airport or
location for a foreign port or place.
Finally, this NPRM proposes to clarify landing rights procedures
and departure clearance procedures as well as expressly setting forth
CBP's authority to restrict aircraft from landing in the United States
based on security and/or risk assessments; or, based on those
assessments, to specifically designate and limit the airports from
where aircraft may land or depart.
DATES: Written comments must be received on or before November 19,
2007.
ADDRESSES: You may submit comments, identified by docket number USCBP-
2007-0064, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number.
Mail: Border Security Regulations Branch, Office of
International Trade, U.S Customs and Border Protection, 1300
Pennsylvania Avenue, NW., (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include the agency name
and document number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected on regular business days between the hours of 9
a.m. and 4:30 p.m. at the Office of International Trade, Customs and
Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Mr. Joseph Clark at (202) 572-8768.
FOR FURTHER INFORMATION CONTACT: For Operational Matters--Michael
Kaneris, Office of Field Operations, Customs and Border Protection,
202-344-1584. For Legal Matters--Glen Vereb, Branch Chief, Office of
International Trade, Regulations & Rulings, Customs and Border
Protection, 202-572-8700.
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
organized as follows:
I. Public Participation
II. Background and Current Requirements
A. Background and Authorities
B. Current Requirements for All Aircraft
1. Advance Notice of Arrival
a. Private Aircraft Arriving in the U.S.
b. Certain Aircraft Arriving From Areas South of the U.S.
c. Aircraft Arriving From Cuba
2. Permission to Land (Landing Rights)
C. Current Requirements for Commercial Aircraft
III. Proposed Requirements
A. General Requirements for Private Aircraft Arriving in the
United States
1. Notice of Arrival
2. Arrival Manifest Data Requirement
3. Method of Transmitting Information to CBP
B. Certain Aircraft Arriving From Areas South of the United
States
C. Notice of Arrival for Private Aircraft Arriving From Cuba
D. Private Aircraft Departing the United States
1. Departure Manifest Data Requirement
2. Notice of Departure
3. Aircraft Required to Clear
E. Landing Rights
1. Landing Rights Airports
2. Aircraft Required to Land
IV. Regulatory Analyses
A. Executive Order 12866 (Regulatory Planning and Review)
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act
D. Executive Order 13132 (Federalism)
E. Executive Order 12988 (Civil Justice Reform)
F. National Environmental Policy Act
G. Paperwork Reduction Act
H. Privacy Statement
V. Signing Authority
VI. Proposed Regulatory Amendments
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
notice of proposed rulemaking. The Department of Homeland Security
(DHS) also invites comments that relate to the economic, environmental,
or federalism effects that might result from this proposal. Comments
that will provide the most assistance to the Department in developing
these procedures will reference a specific portion of the proposed
rule, explain the reason for any recommended change, and include data,
information, or authority that support such recommended change.
II. Background and Current Requirements
A. Background and Authorities
Pursuant to 19 U.S.C. 1433(c), the Secretary of Homeland Security
has broad authority to regulate all aircraft, including private
aircraft, arriving in and departing from the United States. A private
aircraft, in contrast to a commercial aircraft,\1\ is generally any
aircraft engaged in a personal or business flight to or from the United
States which is not carrying passengers and/or cargo for commercial
purposes. See 19 CFR 122.1(h). Specifically, section 1433(c) provides
that the pilot of any aircraft arriving in the United States or the
Virgin Islands from any foreign
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location is required to comply with such advance notification, arrival
reporting, and landing requirements as regulations may require. This
statute provides CBP with the authority to deny landing rights to
aircraft within the United States based on security and/or risk
assessments, or based on those assessments to specifically designate
and limit the airports where aircraft may land. In addition, under the
statute (19 U.S.C. 1433(d)), an aircraft pilot is required to present
or transmit to CBP through an electronic interchange system such
information, data, documents, papers or manifests as the regulations
may require. Section 1433(e) provides, among other things, that
aircraft after arriving in the United States or Virgin Islands may only
depart from the airport in accordance with regulations prescribed by
the Secretary. Additionally, pursuant to 19 U.S.C. 1644a and 1644, the
Secretary can designate ports of entry for aircraft and apply vessel
entry and clearance regulations to civil aviation.
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\1\ 19 CFR 122.1(d) defines ``commercial aircraft'' as any
aircraft transporting passengers and/or cargo for some payment or
other consideration, including money or services rendered. It should
be noted that if either the arrival or departure leg of an
aircraft's journey is commercial, then CBP considers both legs of
the journey to be commercial. 19 CFR 122.1(h) defines a private
aircraft as any aircraft engaged in a personal or business flight to
or from the U.S. which is not: (1) Carrying passengers and/or cargo
for commercial purposes; or (2) leaving the U.S. carrying neither
passengers nor cargo in order to lade passengers and/or cargo in a
foreign area for commercial purposes; or (3) returning to the U.S.
carrying neither passengers nor cargo in ballast after leaving with
passengers and/or cargo for commercial purposes.
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B. Current Requirements for All Aircraft
1. Advance Notice of Arrival
DHS currently requires aircraft pilots of all aircraft entering the
United States from a foreign area, except aircraft of a scheduled
airline arriving under a regular schedule, to give advance notice of
arrival. See 19 CFR 122.31(a). Advance notice of arrival must be
furnished by the pilot of the aircraft and is generally given when the
aircraft is in the air. As described below, the regulations set forth
the general rule for advance notice of arrival for private aircraft and
specific requirements for certain aircraft arriving from areas south of
the United States, including aircraft from Cuba.
a. Private Aircraft Arriving in the United States
Pursuant to 19 CFR 122.22, private aircraft, except those arriving
from areas south of the United States (discussed below), are required
to give advance notice of arrival as set forth in 19 CFR 122.31. This
notice must be given to the port director at the place of first landing
by radio, telephone, or other method, or through the Federal Aviation
Administration (FAA)'s flight notification procedure. 19 CFR 122.31(c).
The advance notice of arrival requires information about the number of
alien passengers and number of U.S. citizen passengers, but it does not
require any identifying information for individual passengers onboard
to be submitted.\2\ The current regulations do not provide a specific
timeframe when the notice of arrival shall be given, but direct that
the pilot shall furnish such information far enough in advance to allow
inspecting officers to reach the place of first landing of the
aircraft. 19 CFR 122.31(e).
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\2\ 19 CFR 122.31 provides that the contents of advance notice
of arrival shall include the following information: (1) Type of
aircraft and registration number; (2) name of aircraft commander;
(3) place of last foreign departure; (4) international airport of
intended landing or other place at which landing has been authorized
by CBP; (5) number of alien passengers; (6) number of citizens
passengers; and (7) estimated time of arrival.
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b. Certain Aircraft Arriving From Areas South of the United States
Certain aircraft entering the continental United States from a
foreign area in the Western Hemisphere south of the United States are
subject to special advance notice of arrival and landing requirements.
19 CFR 122.23-24. These aircraft include all private aircraft and
commercial unscheduled aircraft with a seating capacity of 30
passengers or less or maximum payload capacity of 7,500 pounds or less.
Pursuant to 19 CFR 122.23(b), such aircraft are required to give
advance notice of arrival to CBP at the nearest designated airport to
the border or coastline crossing point listed in 19 CFR 122.24(b).
These aircraft must also provide advance notice of arrival at least one
hour before crossing the U.S. coastline or border. 19 CFR 122.23(b).
The pilot may provide advance notice of arrival for these aircraft by
radio, telephone, or other method, or through the FAA flight
notification procedure. The advance notice of arrival for such aircraft
arriving from areas south of the United States must include the
information listed in 19 CFR 122.23(c).\3\ Aircraft arriving from areas
south of the United States that are subject to the requirements of 19
CFR 122.23 are required to land at designated airports listed in 19 CFR
122.24(b), unless CBP grants an exemption from the special landing
requirement.\4\
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\3\ Section 122.23(c) provides that the contents of the advance
notice of arrival shall include the following: (1) Aircraft
registration number; (2) name of aircraft commander; (3) number of
U.S. citizen passengers; (4) number of alien passengers; (5) place
of last departure; (6) estimated time and location of crossing U.S.
border/coastline; (7) estimated time of arrival; and (8) name of
intended U.S. airport of first landing, as listed in Sec. 122.24,
unless an exemption has been granted under Sec. 122.25, or the
aircraft has not landed in foreign territory or is arriving directly
from Puerto Rico, or the aircraft was inspected by CBP officers in
the U.S. Virgin Islands.
\4\ 19 CFR 122.25 sets forth the procedures concerning exemption
from special landing requirements--known as an overflight privilege.
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c. Aircraft Arriving From Cuba
The current regulations require private aircraft entering the
United States from Cuba, except for public aircraft,\5\ to give advance
notice of arrival at least one hour before crossing the U.S. border or
coastline. 19 CFR 122.152 and 122.154. This notice must be furnished
either directly to the CBP Officer in charge at the relevant airport
listed in 19 CFR 122.154(b)(2), or through the FAA flight notification
procedure. The advance notice of arrival for aircraft from Cuba must
include the information listed in 19 CFR 122.154(c).\6\
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\5\ 19 CFR 122.1(i) defines ``public aircraft'' as any aircraft
owned by, or under the complete control and management of the U.S.
government or any of its agencies, or any aircraft owned by or under
the complete control and management of any foreign government which
exempts public aircraft of the U.S. from arrival, entry and
clearance requirements similar to those provided in subpart C of
this part, but not including any government-owned aircraft engaged
in carrying persons or property for commercial purposes.
\6\ 19 CFR 122.154(c) provides that the contents of advance
notice of arrival shall state: (1) Type of aircraft and registration
number; (2) name of aircraft commander; (3) number of U.S. citizen
passengers; (4) number of alien passengers; (5) place of last
foreign departure; (6) estimated time and location of crossing the
U.S. coast or border; and (7) estimated time of arrival.
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2. Permission to Land (Landing Rights)
The current regulations require the owner or operator of any
aircraft, including a private aircraft, arriving at a landing rights
airport or user fee airport to request permission to land--known as
landing rights--from CBP (19 CFR 122.14(a) and 122.15(a)). A ``landing
rights airport'' is defined as any airport, other than an international
airport or user fee airport, at which flights from a foreign area are
given permission by CBP to land. See 19 CFR 122.1(f). A ``user fee
airport'' is defined as an airport so designated by CBP and flights
from a foreign area may be granted permission to land at a user fee
airport rather than at an international airport or a landing rights
airport. See 19 CFR 122.1(m). An informational listing of user fee
airports is contained in Sec. 122.15. Permission to land must be
secured from the director of the port, or his representative, at the
port nearest the first place of landing for both landing rights
airports and user fee airports. However, the current regulations do not
set forth a precise application procedure or timeframe for securing
permission to land.
C. Current Requirements for Commercial Aircraft
In contrast to private aircraft, commercial air carriers are
required to
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electronically transmit passenger arrival manifests to CBP no later
than 15 \7\ minutes (19 CFR 122.75a(b)(2)) after the departure of the
aircraft from any place outside the United States (19 CFR
122.49a(b)(2)) and passenger departure manifests no later than 15
minutes prior to departure of the aircraft from the United States.
Manifests for crew members on passenger flights and all-cargo flights
and manifests for non-crew members on all-cargo flights must be
electronically transmitted to CBP no later than 60 minutes prior to the
departure of any covered flight to, continuing within, or overflying
the United States (19 CFR 122.49b(b)(2)) and no later than 60 minutes
prior to the departure of any covered flight from the United States. 19
CFR 122.75b(b)(2).
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\7\ CBP published a final rule in the Federal Register on August
23, 2007 (72 FR 48320), which amends its regulations regarding the
electronic transmission of manifest data by commercial air carriers
bound for and departing the United States, to require the APIS
transmission 30 minutes prior to securing of the aircraft doors
(APIS 30 interactive and non-interactive) and up to the time the
aircraft doors are secured for APIS Quick Query (AQQ) transmissions.
This rule takes effect February 19, 2008.
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Commercial air carriers transmit passenger information to CBP
through the Advance Passenger Information System (APIS) which is an
electronic data interchange system \8\ approved by DHS for use by
international commercial air and vessel carriers. By receiving the
advance passenger and crew information, CBP is able to perform
enforcement and security queries against various multi-agency law
enforcement and terrorist databases in connection with international
flights to and from the United States. Based on the manifest reporting
requirements for commercial air carriers, CBP currently has the
capability to review advance information on commercial air travelers to
assess potential risks.
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\8\ A DHS-approved electronic data interchange system is any
electronic system that is approved by DHS that allows the public to
interface with DHS for the purposes of transmitting required
information. CBP anticipates that most transmissions will be made
using eAPIS which is an example of such an application and is an
application that is available through the internet. The pilot may
choose to authorize an agent to transmit the data if internet access
is not available at the pilot's location or for other reasons of
convenience. The pilot remains responsible for the timing and
accuracy of the transmission.
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This proposed rule allows for a risk assessment of all private
aircraft traveling internationally and will aid CBP in obtaining
advance information so that risk analyses may be conducted before the
departure of private aircraft bound for or departing the United States
in an effort to improve border security. This rule serves to provide
the nation, private aircraft operators, and the international traveling
public, additional security from the threat of terrorism and enhance
CBP's ability to carry out its border enforcement mission.
III. Proposed Requirements
Private aircraft operators currently do not electronically transmit
to CBP advance notice of arrival through an approved electronic data
interchange system. In addition, private aircraft, unlike commercial
aircraft, are not presently required to electronically transmit
passenger arrival and departure manifests that provide identifying
information for individuals onboard the aircraft before arriving in or
departing from the United States. CBP regulations do not contain
precise procedures for a private aircraft operator to follow to request
permission to land at landing rights airports. Private aircraft
operators are also currently not required to provide notice of
departure or obtain clearance prior to departing the United States.
Accordingly, CBP's current regulations do not provide CBP with the
necessary information to fully assess potential threats posed by
private aircraft entering into and departing from the United States. To
adequately and accurately assess potential threats posed by private
aircraft entering and departing the United States, CBP needs sufficient
and timely information about the impending arrival or departure of a
private aircraft, the passengers and crew onboard, and clear procedures
regarding landing rights and departure clearance. Without these tools,
CBP currently lacks the capability to perform risk assessments on
passengers traveling on private aircraft.
Under this rule, CBP is proposing regulatory changes that include
requiring the advance electronic information of notice of arrival
combined with passenger manifest data for those aboard private aircraft
that arrive in and depart from the United States. Additionally, this
rule proposes amendments regarding notice of arrival requirements,
landing rights, and departure requirements.
The proposed changes would provide CBP with more detailed
information about arriving and departing private aircraft and persons
onboard within a timeframe that would enable CBP to more fully pre-
screen information on all individuals intending to travel onboard
private aircraft to or from the United States. As a result, CBP would
more accurately assess the risks that certain flights may pose to
national security and take appropriate action. Moreover, these changes
would enable CBP to minimize potential threats posed by private
aircraft by identifying high-risk individuals and aircraft and allowing
CBP to coordinate with airport personnel and domestic or foreign
government authorities to take appropriate action when warranted by a
threat.
A. General Requirements for Private Aircraft Arriving in the United
States
This rule proposes to add new passenger manifest and departure
requirements and to revise existing notice of arrival and landing
rights requirements for private aircraft arriving in the United States
from a foreign location or departing the United States to a foreign
location.
1. Notice of Arrival
This NPRM proposes to require pilots of private aircraft arriving
in the United States from a foreign port or location to transmit notice
of arrival information to CBP through a CBP-approved electronic data
interchange system no later than 60 minutes prior to departure from a
foreign port or location. ``Departure'' would be defined as ``the point
at which the aircraft is airborne and the aircraft is en route directly
to its destination.'' See proposed Sec. 122.22(a). Under this proposed
rule, aircraft that are not originally destined for the United States
but are diverted to the United States due to an emergency would be
required to transmit an arrival manifest no later than 30 minutes prior
to arrival, although the circumstances of the emergency situation and
whether or not the aircraft is equipped to make the transmission will
be taken into consideration by CBP.
This NPRM also proposes expanding the data elements that private
aircraft operators are required to report in the notice of arrival. The
current contents of notice of arrival reporting for private aircraft
require that the following data elements be submitted by telephone,
radio or other method: type of aircraft and registration number, name
of aircraft commander, place of last foreign departure, international
airport or intended landing or other place at which landing has been
authorized by CBP, number of alien passengers, number of citizen
passengers and estimated time of arrival. This rule proposes to clarify
the existing notice of arrival reporting requirements for private
aircraft by duplicating the data elements provided in 19 CFR 122.31,
which apply to all aircraft (including private aircraft), into 19 CFR
122.22, which applies specifically to private aircraft. This NPRM also
proposes to
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expand the data elements for notice of arrival regarding private
aircraft. The proposed data elements for notice of arrival report
include the following: aircraft registration number, decal number,
place of last departure, aircraft tail number, aircraft call sign,
aircraft type, date of aircraft arrival, complete itinerary, estimated
time of arrival, estimated time and location of crossing the U.S.
border/coastline, name of intended airport of first landing, owner/
lessee name and address, pilot license number, pilot address, country
of issuance of pilot's license, transponder code, color, operator name
and address, and 24-hour point of contact.
2. Arrival Manifest Data Requirement
This NPRM proposes that private aircraft pilots arriving in the
United States would be responsible for submitting manifest data that
provides identifying information for all individuals on board the
aircraft no later than 60 minutes prior to departure from a foreign
port or location. This manifest data would be provided simultaneously
with the notice of arrival information and would include the following
information for all individuals onboard the aircraft: full name; date
of birth; gender; citizenship; country of residence; status on board
the aircraft (i.e., passenger or crew member); travel document type;
travel document number; travel document country of issuance; travel
document expiration date; alien registration number, redress number (if
available),\9\ and address while in the United States.
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\9\ The redress number is the number assigned by DHS to an
individual processed through the redress procedures described in 49
CFR part 1560, subpart C.
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The pilot collecting the manifest information would be required to
compare the manifest information with the information on the DHS-
approved travel document presented by each individual attempting to
travel onboard the aircraft to ensure that the manifest information is
correct, that the travel document appears to be valid for travel to the
United States, and the traveler is the person to whom the travel
document was issued.\10\ If additional passengers not included in the
manifest arrive after the manifest data was submitted to CBP, the pilot
would be responsible for submitting a corrected manifest. The pilot
would be required to await CBP approval of the corrected manifest
before departing. Additionally, any approval to land at a United States
airport or location from a foreign port or location that was previously
granted by CBP as a result of the original manifest's submission would
be invalidated. If a subsequent manifest is submitted less than 60
minutes prior to departure, the private aircraft pilot must resubmit
the arrival manifest and receive approval from CBP for the amended
manifest containing the added or amended information before allowing
the aircraft to depart the foreign location, or the aircraft may be, as
appropriate, denied clearance to depart, diverted from arriving in the
United States, or denied permission to land in the United States.
Certain private aircraft may also be subject to the Transportation
Security Administration (TSA) security and boarding requirements for
large aircraft including those contained in 49 CFR 1544.
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\10\ Further information outlining the various types of travel
documents approved by DHS can be found at: http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/doc_require.ctt/doc_require.pdf
.
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3. Method of Transmitting Information to CBP
Under this proposed rule, both the notice of arrival information
and manifest data must be transmitted in the same transmission via
electronic submissions through the Electronic Advance Passenger
Information System (eAPIS) \11\ Web portal or by a CBP-approved
alternative transmission medium. More information on eAPIS is available
at http://www.cbp.gov (related links). Under this proposed rule, any
electronic data interchange system approved by CBP would be an
acceptable method for private aircraft to submit notice of arrival
information and manifest data. The pilot would be responsible for
submitting this information, but could authorize another party to
submit the information on his or her behalf. After CBP receives the
submitted information, DHS would send a message to the submitter of the
manifest information before departure from a foreign airport indicating
that the information has been received and specifying whether landing
rights have been granted at the requested airport, granted at a
different airport designated by CBP, or denied. There will be a
transitional period during which the current manual process of
requesting landing rights will gradually be replaced by this automated
procedure.
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\11\ eAPIS is an online transmission system that meets all
current and future APIS data element requirements for all mandated
APIS transmission types.
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A private aircraft pilot who chooses not to transmit required
arrival manifest data by means of a CBP-approved interactive \12\
electronic transmission system would be required to make batch manifest
transmissions by means of a non-interactive electronic transmission
system approved by CBP. The private aircraft pilot would make a single,
complete batch manifest transmission containing all the required
arrival manifest data for every person on the aircraft.
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\12\ CBP anticipates that most pilots of private aircraft will
use the eAPIS web portal as the transmission method of choice
because of the ease and availability of internet access. Electronic
EDIFACT transmissions are currently used by commercial carriers to
transmit passenger data to CBP. Pilots of large business aircraft
could choose to use this or other CBP-approved electronic
transmission medium rather than the eAPIS portal.
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After receipt of the manifest information, as in the case where the
manifest information is conveyed using a CBP-approved interactive
electronic transmission system, CBP would perform an initial security
vetting of the data and grant, deny, or restrict landing rights as
appropriate.
Through an analysis of the data provided by the pilot's
transmission, DHS will be able to identify passengers who are
designated as selectee or no-fly. This and other information will be
used in determining whether landing rights or clearance will be
granted, restricted or denied. DHS is evaluating whether to inform the
pilot, in the event that CBP denies or restricts landing rights for the
plane, which passenger(s) has been identified by DHS on the selectee or
no-fly lists so that the pilot may better understand potential threats
to the security of the aircraft. In addition, such notification could
avoid additional flight delays or disruptions by allowing the pilot to
remove that individual from the flight until such time as the
individual resolves the selectee or no-fly designation with TSA under
TSA's redress system. Accordingly, DHS is soliciting public comments on
the economic costs and benefits of notifying a pilot about an
individual selectee or no-fly match being aboard the aircraft. DHS is
also seeking comments on any operational and privacy concerns
associated with sharing such information.
B. Certain Aircraft Arriving From Areas South of the United States
This NPRM proposes a new timeframe for reporting notice of arrival,
which would be no later than 60 minutes prior to the aircraft's
departure to the United States from a foreign port or location, as
opposed to 60 minutes before crossing the U.S border as is the current
requirement. Under this proposed rule, notice of arrival would be
required, along with manifest data being furnished as set forth in 19
CFR 122.22 for private aircraft, which requires
[[Page 53398]]
submission of such information to CBP via an electronic data
interchange system approved by CBP. All other aircraft subject to 19
CFR 122.23, would be required to report notice of arrival as required
under that provision.
This NPRM also proposes to correct a discrepancy between the
definition of ``private aircraft'' in 19 CFR 122.23, which encompasses
both private aircraft and, in some instances, small, unscheduled
commercial aircraft and the general definition provided for ``private
aircraft'' in 19 CFR 122.1(h). To correct this discrepancy, CBP is
proposing to revise the heading for 19 CFR 122.23 to read ``Certain
aircraft arriving from areas south of the U.S.'' Additionally, the
proposed regulatory text would expressly state the specific types of
aircraft to which the section applies rather than defining them. These
proposed amendments to 19 CFR 122.23 would make the section easier for
the public to understand.
C. Notice of Arrival for Private Aircraft Arriving From Cuba
This NPRM proposes that private aircraft arriving from Cuba, as
provided for in 19 CFR 122.154, would be required to provide notice of
arrival and manifest data in the same manner as private aircraft that
are subject to proposed 19 CFR 122.22. Private aircraft arriving from
Cuba would continue to be required to provide notice of arrival
information to the specifically designated airport where the aircraft
will land: Miami International Airport, Miami Florida; John F. Kennedy
International Airport, Jamaica, New York; or Los Angeles International
Airport, Los Angeles, California.
D. Private Aircraft Departing the United States
1. Departure Manifest Data Requirement
This NPRM proposes to require the pilot of a private aircraft
departing the United States to a foreign port or location to submit a
departure manifest to CBP. Similar to the arrival manifest, the
departure manifest would contain information identifying all
individuals onboard the aircraft. The timeframe for submission of the
departure manifest would be no later than 60 minutes prior to departure
from the United States to a foreign port or location. This NPRM
clarifies the pilot's responsibility to ensure that a departure
manifest regarding all individuals onboard the private aircraft is
submitted and specifies that the transmission of the manifest data must
be through any CBP-approved electronic data interchange system. The
information to be provided in the departure manifest would be the same
as that provided in the arrival manifest.\13\
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\13\ Like the arrival manifest, the departure manifest would
include the following information for all individuals onboard the
aircraft: Full name; date of birth; gender; citizenship; country of
residence; status on board the aircraft (i.e., passenger or crew
member); travel document type; travel document number; travel
document country of issuance; travel document expiration date; alien
registration number, redress number if available and address while
in the United States.
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Under this proposed rule, the pilot collecting the information
would be responsible for comparing the travel document presented by
each individual attempting to travel onboard the aircraft with the DHS-
approved travel document information he or she is transmitting to CBP.
The pilot would also be responsible for ensuring that the information
is correct and that the traveler is the person to whom the travel
document was issued.
This NPRM clarifies that if a departure manifest is submitted to
CBP before all individuals arrive for transport, the pilot must
resubmit an amended manifest with all required information, and any
clearance previously granted by CBP as a result of the original
manifest's submission would be invalidated. The pilot would have an
obligation to make necessary changes to the departure manifest and
specifies what circumstances would constitute necessary changes (e.g.,
adding a name or any required information or amending previously
submitted information). If changes are submitted less than 60 minutes
prior to departure, the pilot would be required to receive a new
clearance from CBP before departing.
2. Notice of Departure
This NPRM proposes to require private aircraft leaving the United
States for a foreign port or location to obtain clearance from CBP
prior to departing from the United States. Under this proposed rule,
private aircraft pilots departing for a foreign port or location would
be required to submit an electronic departure manifest on all
individuals onboard the aircraft, and notice of departure information
no later than 60 minutes prior to departure. Notice of departure
elements would constitute the following information: aircraft
registration number, type of aircraft, call sign (if available), decal
number, place of last departure, date of aircraft departure, estimated
time of departure, estimated time and location of crossing U.S. border/
coastline, name of intended foreign airport of first landing, owner/
lessees name (last, first, and, if available, middle), owner/lessees
street address (number and street, city, state, zip code, country,
telephone number, fax number, and e-mail address), pilot/private
aircraft pilot name (last, first and, if available, middle), pilot
license number, pilot street address: (number and street, city, state,
zip code, country, telephone number, fax number and e-mail address),
country of issuance of pilot's license, operator name (last, first, and
if available, middle), operator street address: (number and street,
city, state, zip code, country, telephone number, fax number and e-mail
address), 24-hour point of contact (e.g., broker, dispatcher, repair
shop) name, transponder code (beacon number), color, complete itinerary
(intended foreign airport destinations for 24 hours following
departure).
3. Aircraft Required To Clear
The existing regulatory language in 19 CFR 122.61 exempts public
and private aircraft from leaving the United States for a foreign area
from having to obtain clearance prior to departing from the United
States. As such, CBP is proposing to revise paragraph (a) of Sec.
122.61 to indicate that private aircraft leaving the United States for
a foreign area are required to obtain clearance from CBP as set forth
in the language proposed for Sec. 122.26. The paragraph will further
state that all other aircraft, except public aircraft, leaving the
United States or the U.S. Virgin Islands are required to clear if they
carry passengers and/or merchandise for hire or take aboard or
discharge passengers and/or merchandise for hire in a foreign area. See
19 CFR 122.61(a) and (b). These proposed changes are necessary to
effectuate the new requirements regarding the filing of a departure
manifest and electronic clearance for private aircraft prior to
departure for a foreign port or place.
The process of receiving electronic clearance to depart would
operate in substantially the same manner as submission of an arrival
data manifest. Prior to departing the United States, a private aircraft
pilot would submit departure manifest data on all individuals onboard
the aircraft, await CBP's confirmation of receipt of the manifest data,
and await CBP clearance to depart the United States. CBP's clearance,
i.e., permission to depart the United States, would be transmitted to
the pilot from CBP via an electronic data interchange system approved
by CBP.
As with the transmission of arrival data manifests, a private
aircraft pilot that chooses not to transmit required notice of
departure, departure manifests by means of a CBP-approved interactive
[[Page 53399]]
electronic transmission system must make batch manifest transmissions
in accordance with CBP policy as discussed earlier in section III.A.3.,
entitled ``Method of Transmitting Information to CBP.''
E. Landing Rights
CBP currently requires all aircraft arriving at a landing rights
airport to request permission to land, known as landing rights, from
CBP. Given CBP's authority to deny landing rights within the United
States and to restrict landing to airports designated by CBP,\14\ this
NPRM proposes to expressly state CBP's authority to deny permission to
land in the United States and/or limit aircraft landing locations.
---------------------------------------------------------------------------
\14\ See 19 U.S.C. 1433(c) and 1644a(b)(1)(A).
---------------------------------------------------------------------------
1. Landing Rights Airports
The current provisions of 19 CFR 122.14 do not adequately provide
for when or how the request for permission to land at a landing rights
airport should be given to the director of the port of entry or station
nearest the first place of landing. Under this proposed rule, private
aircraft pilots would seek permission to land at a landing rights
airport when the notice of arrival information is transmitted via a CBP
approved electronic data interchange system no later than 60 minutes
prior to departure from a foreign port or place pursuant to the
proposed language in 19 CFR 122.22. The pilot would then be required to
wait for CBP to transmit a message that landing rights have been
granted at the particular landing rights airport. These requirements
would also apply to private aircraft landing at user fee airports
pursuant to 19 CFR 122.15. This proposed rule would also expressly
provide that CBP may deny landing rights or direct an aircraft to a
landing location.
2. Aircraft Required To Land
This NPRM proposes to clarify CBP's authority to deny permission to
land in the United States and to designate the specific locations at
which unusually high-risk aircraft may land. Currently under 19 CFR
122.32, any aircraft that is coming into the United States from a
foreign location (including Puerto Rico) must land unless exempted by
the Federal Aviation Administration. This proposed rule would expressly
provide that CBP's authority to deny permission to land in the United
States, in addition to the current FAA exemption excusing the
requirement to land, as the two exclusive reasons that an aircraft
coming into the United States from a foreign area shall not land in the
United States.
IV. Regulatory Analyses
A. Executive Order 12866 (Regulatory Planning and Review)
This proposed rule is not ``economically significant'' under
Executive Order 12866 because it will not result in the expenditure of
more than $100 million in any one year. The Office of Management and
Budget (OMB) has reviewed this rule under that Order. Comments
regarding the analysis may be submitted by any of the methods described
under the ADDRESSES section of this document.
Currently, pilots of private aircraft must submit information
regarding themselves, their aircraft, and any passengers prior to
arrival into the United States from a foreign airport. Depending on the
location of the foreign airport, the pilot provides the arrival
information 1 hour prior to crossing the U.S. coastline or border
(areas south of the United States) or during the flight (other areas).
The information that would be required for the pilot is similar to what
is already required; it would need to be submitted earlier (60 minutes
prior to departure). No notice of departure information is currently
required for private aircraft departing the United States for a foreign
airport.
CBP estimates that 138,559 private aircraft landed in the United
States in 2006 based on current notice of arrival data. These aircraft
collectively carried 455,324 passengers; including the 138,559 pilots
of the aircraft, this totals 593,883 individuals arriving in the United
States aboard private aircraft. CBP estimates that approximately two-
thirds are U.S. citizens and the remaining one-third is comprised of
non-U.S. citizens.
Table 1 summarizes the 2006 arrival information for the top
airports in the United States that receive private aircraft from
foreign airports. Fort Lauderdale received the most arrivals, with
nearly 10 percent of the U.S. private aircraft arrivals. The top 18
airports received approximately 60 percent of the total. As shown, the
average number of passengers per arrival varies by port; JFK has the
highest passengers per arrival (4.7) while Bellingham, Washington, has
the lowest (1.4). Nationwide, the average number of passengers carried
per arrival is 3.3.
Table 1.--Summary of Arrivals and Passengers Aboard Private Aircraft (2006)
----------------------------------------------------------------------------------------------------------------
Percent of Average
Airport Aircraft/pilot Percent of Passenger total passengers
arrivals total aircraft arrivals passengers per arrival
----------------------------------------------------------------------------------------------------------------
Ft. Lauderdale Intl. Airport, FL 12,831 9 37,848 8% 2.9
West Palm Beach, FL............. 9,031 7 25,109 6 2.8
New York-Newark, Newark, NJ..... 6,464 5 29,779 7 4.6
Miami Airport, FL............... 5,676 4 17,596 4 3.1
Fort Pierce, FL................. 5,216 4 11,376 2 2.2
Otay Mesa, CA................... 4,944 4 18,216 4 3.7
San Juan, PR.................... 4,090 3 10,821 2 2.6
Hidalgo, TX..................... 3,827 3 8,647 2 2.3
Calexico, CA.................... 3,597 3 7,963 2 2.2
JFK Airport, NY................. 3,497 3 16,492 4 4.7
Laredo, TX...................... 3,280 2 10,974 2 3.3
Tucson, AZ...................... 3,013 2 9,059 2 3.0
El Paso, TX..................... 2,548 2 9,544 2 3.7
Houston/Galveston, TX........... 2,534 2 10,850 2 4.3
Seattle, WA..................... 2,529 2 6,238 1 2.5
Brownsville, TX................. 2,303 2 7,027 2 3.1
San Antonio, TX................. 2,185 2 8,520 2 3.9
Bellingham, WA.................. 2,160 2 3,106 1 1.4
Remaining 223 airports.......... 58,834 42 206,159 45 3.5
-------------------------------------------------------------------------------
[[Page 53400]]
Total....................... 138,559 100 455,324 100 3.3
----------------------------------------------------------------------------------------------------------------
CBP does not currently compile data for departures, as there are
currently no requirements for private aircraft departing the United
States. For this analysis, we assume that the number of departures is
the same as the number of arrivals.
Thus, we estimate that 140,000 private aircraft arrivals and
140,000 departures will be affected annually as a result of the rule.
While the current data elements for pilots are very similar to the
proposed requirements, the data elements for passengers are more
extensive. Based on the current information collected and accounting
for proposed changes in the data elements, CBP estimates that one
submission, which includes the arrival information and the passenger
manifest data, will require 15 minutes of time (0.25 hours) for the
pilot to complete. Additionally, CBP estimates that it will require
each of the 460,000 passengers 1 minute (0.017 hours) to provide the
required data to the pilot. These data are all contained on a
passenger's passport or alien registration card and are thus simple to
provide to the pilot.
Currently, arrival information is submitted by radio, telephone, or
other method, or through the FAA's flight notification procedure. Under
the proposed requirements, pilots must submit the arrival and passenger
data through the eAPIS web portal, electronic EDIFACT transmissions, or
an approved alternative transmission medium. For this analysis, we
assume that pilots will use the eAPIS system, as it is a user-friendly
and costless method to submit the required data elements to CBP, and
the pilot need only have access to a computer with web capabilities to
access the system. We also assume that pilots will have access to a
computer and the internet to make the electronic submission. This
analysis in no way precludes a private aircraft operator from
implementing another approved method of transmission; however, we
believe that most pilots, particularly those not traveling for
business, will choose to submit the required data through the least-
cost option: eAPIS.
Currently, private aircraft arriving from areas south of the United
States must provide advance notice of arrival at least one hour before
crossing the U.S. coastline or border. There are no such timing
requirements for other areas. Thus, some pilots and their passengers
may decide that in order to comply with the new requirements, including
submitting information through eAPIS and waiting for a response from
CBP, they must convene at the airport earlier than they customarily
would. We do not have any information on how many, if any, pilots or
passengers would need to change their practices. For this analysis, we
assume that 50 percent of the pilots and passengers would need to
arrive 15 minutes (0.25 hours) earlier than customary. This would
result in 70,000 affected pilots (140,000 arrivals * 0.5) and 231,000
affected passengers (70,000 arrivals * 3.3 passengers per arrival) for
a total of 301,000 individuals affected.
To estimate the costs associated with the time required to input
data into eAPIS, we use the value of an hour of time as reported in the
Federal Aviation Administration's (FAA) document on critical values,
$37.20.\15\ This represents a weighted cost for business and leisure
general aviation travelers. CBP believes this is a reasonable
approximation of the average value of a pilot's and traveler's time.
However since this estimate may be an underestimate of the value of
time for general aviation passengers and pilot's engaged in
international travel, CBP requests comments on this estimate.
---------------------------------------------------------------------------
\15\ Federal Aviation Administration, 2005. Economic Values for
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA,
Inc. July 3, 2007. Table ES-1. Per the instructions of this guidance
document (see pages 1-1 and 1-3), this estimate has not been
adjusted for inflation.
---------------------------------------------------------------------------
The cost to submit advance notice of arrival data through eAPIS
would be approximately $1.3 million (140,000 arrivals * 0.25 hours *
$37.20 per hour). Similarly, costs to submit advance notice of
departure data would be $1.3 million, for a total cost for pilots to
submit the required data elements of $2.6 million annually. The cost
for passengers to provide the data to the pilot to be entered into
eAPIS would be approximately $570,000 (920,000 arrivals and departures
* 0.017 hours * $37.20 per hour). Total costs for the eAPIS submissions
would be $3.2 million annually.
To estimate the costs of arriving earlier than customary, we again
use the value of time of $37.20 per hour. As noted previously, we
assume that 301,000 pilots and passengers may choose to arrive 0.25
hours earlier than customary. This would result in a cost of
approximately $2.8 million for arrivals and $2.8 million for
departures, a total of $5.6 million annually (301,000 individuals *
0.25 hours * $37.20 per hour * 2).
Additionally, CBP estimates the potential costs to resolve issues
with passengers that have been designated as ``No Fly'' based on the
eAPIS process. While a law enforcement response is not required under
this proposed rule, CBP estimates the costs for such a response in
order to avoid underestimating the costs of this rule. For the purposes
of this analysis, CBP estimates that on two occasions annually, a
general aviation flight has a passenger that is designated ``No Fly,''
but through the resolution process is downgraded from ``No Fly'' and
the entire traveling party continues on their flight. CBP assumes that
four individuals (the pilot plus three passengers) would be affected by
a one-hour delay to resolve the no-fly designation. CBP also assumes
the resolution process will require 1 hour of law enforcement time at a
TSA-estimated cost of $62.43 per hour. The total annual costs for these
incidents would be approximately $422 [(four individuals * $37.20 * 1
hour + 1 individual * $62.43 * 1 hour) * two incidents].
CBP also estimates the potential costs for pilots and passengers
who may be denied landing rights as a result of their eAPIS submission.
For the purposes of this analysis, CBP estimates that once per year, a
general aviation flight is denied landing rights. CBP again assumes
that four individuals (the pilot plus three passengers) will be
affected, but that the delay will be eight hours to coordinate a law
enforcement response. CBP assumes that four law enforcement personnel
will be involved in the investigation. The total annual costs for this
incident would be approximately $3,188 [(four individuals * $37.20 * 8
hours + 4 individuals * $62.43 * 8 hours) * one incident]. CBP is
seeking comment on the assumptions made for these incident responses.
[[Page 53401]]
The total annual cost of the proposed rule is expected to be $8.8
million. Over 10 years, this would total a present value cost of $66.0
million at a 7 percent discount rate ($77.1 million at a 3 percent
discount rate).
The primary impetus of this rule is the security benefit afforded
by a more timely submission of APIS information. Ideally, the
quantification and monetization of the beneficial security effects of
this regulation would involve two steps. First, we would estimate the
reduction in the probability of a successful terrorist attack resulting
from implementation of the regulation and the consequences of the
avoided event (collectively, the risk associated with a potential
terrorist attack). Then we would identify individuals' willingness to
pay for this incremental risk reduction and multiply it by the
population experiencing the benefit. Both of these steps, however, rely
on key data that are not available for this rule.
In light of these limitations, we conduct a ``breakeven'' analysis
to determine what change in the reduction of risk would be necessary in
order for the benefits of the rule to exceed the costs. Because the
types of attack that could be prevented vary widely in their intensity
and effects, we present a range of potential losses that are driven by
casualty estimates and asset destruction. For example, the average
general aviation aircraft is 3,384 pounds and carries an average of a
little over four people (1 pilot and 3 passengers).\16\ Some general
aviation aircraft, however, are much larger and carry many more people
and thus could have potentially higher casualty losses and property
damages in the event of an incident. We use two estimates of a Value of
a Statistical Life (VSL) to represent an individual's willingness to
pay to avoid a fatality onboard an aircraft, based on economic studies
of the value individuals place on small changes in risk: $3 million per
VSL and $6 million per VSL.
---------------------------------------------------------------------------
\16\ Federal Aviation Administration. 2005. Economic Values for
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA,
Inc. July 3, 2007. Table ES-1.
---------------------------------------------------------------------------
Additionally, we present four attack scenarios. Scenario 1 explores
a situation where only individuals are lost (no destruction of physical
property). In this scenario, we estimate the losses if an attack
resulted in 4 (average number of people on a general aviation
aircraft--one pilot, three passengers) to 1,000 casualties but no loss
of physical capital. We acknowledge that this scenario is not
necessarily realistic because an attack that would result in 1,000
casualties would almost certainly also result in loss of physical
assets; however, this scenario provides a useful high end for the risk
reduction probabilities required for the rule to break even.
Scenario 2 explores a situation where individuals are lost and a
lower-value aircraft is destroyed. The value of the aircraft lost,
$94,661, is based on the value from the FAA critical values study cited
previously.\17\ This value is for an aircraft built prior to 1982,
which is a substantial proportion (75 percent) of the general aviation
fleet of aircraft.\18\ Scenario 3 explores a situation where
individuals are lost and a higher-value aircraft is destroyed. The
value of the aircraft lost is $1,817,062 (aircraft built in 1982 and
later).
---------------------------------------------------------------------------
\17\ Federal Aviation Administration. 2005. Economic Values for
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA,
Inc. July 3, 2007. Table ES-1. This estimate has not been adjusted
for inflation.
\18\ Federal Aviation Administration. 2005. Economic Values for
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA,
Inc. July 3, 2007. Table 3-14.
---------------------------------------------------------------------------
Scenario 4 explores a situation where individuals are lost and
substantial destruction of physical capital is incurred. In this
scenario we again estimate individual lives lost but now consider a
massive loss of physical capital (the 9/11 attack is an example of such
an event).
Casualties are again estimated as before using the two VSL
estimates. To value the loss of capital assets, we use a report from
the Comptroller of the City of New York that estimated $21.8 billion in
physical capital destruction as a result of the 9/11 attacks on the
World Trade Center.\19\ This report also estimates the ``ripple
effects'' of the attack--the air traffic shutdown, lost tourism in New
York City, and long-term economic impacts; however, we do not compare
these secondary impacts to the direct costs of the rule estimated
previously because we do not know the extent to which these losses are
transfers versus real economic losses. In this analysis we compare
direct costs to direct benefits to estimate the risk reduction required
for the rule to break even.
---------------------------------------------------------------------------
\19\ Thompson, Jr., William C. Comptroller, City of New York.
``One Year Later: The Fiscal Impact of 9/11 on New York City.''
September 4, 2002.
---------------------------------------------------------------------------
Again, the impacts in these scenarios would be driven largely by
the number of people aboard the aircraft and the size of the aircraft.
The annual risk reductions required for the proposed rule to break
even are presented in Table 2 for the four attack scenarios, the two
estimates of VSL, and a range of casualties. As shown, depending on the
attack scenario, the VSL, and the casualty level, risk would have to be
reduced less than 1 percent (Scenario 4, 1,000 casualties avoided) to
73.1 percent (Scenario 1, 4 casualties avoided) in order for the
benefits of the rule to exceed the costs to break even.
Table 2.--Annual Risk Reduction Required (%) for Net Costs to Equal Benefits
[Annualized at 7 percent over 10 years]
----------------------------------------------------------------------------------------------------------------
Scenario 4:
Scenario 2: Scenario 3: loss of life
Scenario 1: loss of life loss of life and
Casualties avoided loss of life and aircraft and aircraft catastrophic
only (low value) (high value) loss of
property
----------------------------------------------------------------------------------------------------------------
$3M VSL:
4........................................... 73.1 72.6 63.5 < 1
10.......................................... 29.3 29.2 27.6 < 1
100......................................... 2.9 2.9 2.9 < 1
1,000....................................... 0.3 0.3 0.3 < 1
$6M VSL:
4........................................... 36.6 36.4 34.0 < 1
10.......................................... 14.6 14.6 14.2 < 1
100......................................... 1.5 1.5 1.5 < 1
1,000........................................... 0.1 0.1 0.1 < 1
----------------------------------------------------------------------------------------------------------------
[[Page 53402]]
B. Regulatory Flexibility Act
CBP has prepared this section to examine the impacts of the
proposed rule on small entities as required by the Regulatory
Flexibility Act (RFA, See 5 U.S.C. 601-612). A small entity may be a
small business (defined as any independently owned and operated
business not dominant in its field that qualifies as a small business
per the Small Business Act); a small not-for-profit organization; or a
small governmental jurisdiction (locality with fewer than 50,000
people).
When considering the impacts on small entities for the purpose of
complying with the RFA, CBP consulted the Small Business
Administration's guidance document for conducting regulatory
flexibility analysis. Per this guidance, a regulatory flexibility
analysis is required when an agency determines that the rule will have
a significant economic impact on a substantial number of small entities
that are subject to the requirements of the rule. We do not have
information on the number of pilots and passengers traveling for
business versus leisure or how many businesses, regardless of size,
would be affected by the proposed requirements. Those private
individuals who are flying for leisure, rather than business, would not
be considered small entities because individuals are not considered
small entities. Some of the affected pilots and passengers are flying
for business purposes; however, we do not know if these businesses are
small entities or not. This rule may thus affect a substantial number
of small entities.
In any case, the cost to submit data to CBP through eAPIS would be,
at most, approximately $50 per submission ($9.30 for the APIS
submission; $9.30 * 3.3 passengers + $9.30 * 1 pilot for potential
early arrival). CBP believes such an expense would not rise to the
level of being a ``significant economic impact.'' We welcome comments
on our assumptions. If we do not receive comments that demonstrate that
the rule results in significant economic impacts, we may certify that
this action does not have a significant economic impact on a
substantial number of small entities during the final rule.
Comments regarding the analysis may be submitted by any of the
methods described under the ADDRESSES section of this document.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA),
enacted as Public Law 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any one year.
Section 204(a) of the UMRA, 2 U.S.C. 1534(a), requires the Federal
agency to develop an effective process to permit timely input by
elected officers (or their designees) of State, local, and tribal
governments on a ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the UMRA is any
provision in a Federal agency regulation that will impose an
enforceable duty upon state, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year. This rule would not result in such an expenditure.
D. Executive Order 13132: Federalism
Executive Order 13132 requires CBP to develop a process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
Policies that have federalism implications are defined in the Executive
Order to include rules that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' CBP has analyzed the proposed rule in
accordance with the principles and criteria in the Executive Order and
have determined that it does not have federalism implications or a
substantial direct effect on the States. The proposed rule requires
private aircraft arriving in the United States from a foreign location
or departing the United States to a foreign port or location to comply
with notice of arrival requirements, passenger manifest requirements,
and permission to land at landing rights airports. States do not
conduct activities with which this rule would interfere. For these
reasons, this proposed rule would not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
E. Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988. That Executive Order requires
agencies to conduct reviews, before proposing legislation or
promulgating regulations, to determine the impact of those proposals on
civil justice and potential issues for litigation. The Order requires
that agencies make reasonable efforts to ensure that a regulation
clearly identifies preemptive effects, effects on existing Federal laws
and regulations, any retroactive effects of the proposal, and other
matters. CBP has determined that this regulation meets the requirements
of Executive Order 12988 because it does not involve retroactive
effects, preemptive effects, or other matters addressed in the Order.
F. National Environmental Policy Act
CBP has evaluated this rule for purposes of the National
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.). CBP
has determined that an environmental statement is not required, since
this action is non-invasive and there is no potential impact of any
kind. Record of this determination has been placed in the rulemaking
docket.
G. Paperwork Reduction Act
There are two proposed collections of information in this document.
The proposed collection is contained in 19 CFR 122.22. This information
would be used by CBP to further improve the ability of CBP to identify
high-risk individuals onboard private aircraft so as to prevent
terrorist acts and ensure aircraft and airport safety and security. The
likely respondents and/or record keepers are individuals and
businesses. Under Sec. 122.22 a private aircraft pilot would be
required to file an advance arrival manifest on all individuals via an
electronic data interchange system approved by CBP no later than 60
minutes prior to the aircraft departing to the United States from a
foreign port or location. Additionally, a private aircraft pilot would
be required to file an advance departure manifest on all individuals
onboard a private aircraft through an electronic data interchange
system approved by CBP no later than 60 minutes prior to that aircraft
departing from the United States to a foreign port or location. eAPIS
is one of several CBP approved electronic data interchange systems that
private aircraft pilots will use to transmit information about all of
the individuals aboard an aircraft.
The collection of information encompassed within this proposed rule
has been submitted to the OMB for review in accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). An agency may not
conduct, and a person is not required to respond to, a collection of
information unless the collection of information
[[Page 53403]]
displays a valid control number assigned by OMB.
Estimated Burden Requirements for Pilots of Private Aircraft Under
Sec. 122.22
Estimated annual reporting and/or recordkeeping burden: 70,000
hours.
Estimated average annual burden per respondent/recordkeeper: 30
minutes (0.50) hours.
Estimated number of respondents and/or recordkeepers: 140,000.
Estimated annual frequency of responses: 2.
Estimated Burden Requirements for Passengers
Estimated annual reporting and/or recordkeeping burden: 7820.
Estimated reporting burden per respondent/or recordkeeping burden:
1 minute.
Estimated number of respondents and/or recordkeepers: 460,000.
Estimated annual frequency of responses: 1.
Comments on the collection of information should be sent to the
Office of Management and Budget, Attention: Desk Officer of the
Department of Homeland Security, Office of Information and Regulatory
Affairs, Washington, DC 20503. Comments should be submitted within the
timeframe that comments are due regarding the substance of the
proposal.
Comments are invited on: (a) Whether the collection is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; (b) the accuracy
of the agency's estimate of the burden of the collection of the
information; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; (d) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology; and (e) estimates of capital or startup costs and costs of
operations, maintenance, and purchase of services to provide
information.
H. Privacy Statement
A Privacy Impact Assessment (PIA) for APIS was updated on August 8,
2007 and posted on the DHS Web site. In conjunction with the APIS Pre-
departure final rule published in the Federal Register on August 23,
2007 (72 FR 48320), a System of Records Notice was published in the
Federal Register on that same date (72 FR 48349). In light of the
amendments to the regulations proposed in this document, CBP is in the
process of updating the APIS PIA. Additionally, CBP and the DHS Privacy
Office are currently reviewing the APIS SORN to determine if any
amendments are needed to ensure privacy compliance for APIS.
Accordingly, if it is determined that amendments are necessary, an
update to the SORN will be published.
DHS is seeking comment on the privacy impacts of the expansion of
the population that will be covered by this rule. Presently, the
Advanced Passenger Information System (APIS) System of Records Notice
(SORN) published in the Federal Register on August 23, 2007 (72 FR
48349) would cover this population. The APIS SORN currently covers the
collection of APIS information in both the commercial and private
aircraft context. Comments will be considered and addressed in the
development of this final rule, additionally any updates to the APIS
SORN required by the rule or DHS's analysis of the comments from this
NPRM will be incorporated into the APIS SORN prior to the collection of
personally identifiable information under the rule.
V. Signing Authority
The signing authority for these amendments falls under 19 CFR
0.2(a). Accordingly, this document is signed by the Secretary of
Homeland Security (or his delegate).
VI. Proposed Regulatory Amendments
List of Subjects in 19 CFR Part 122
Air carriers, Aircraft, Airports, Reporting and recordkeeping
requirements, Security measures.
Amendments to the Regulations
For the reasons stated in the preamble, it is proposed to amend
part 122 of title 19, Code of Federal Regulations (19 CFR part 122) as
follows:
PART 122--AIR COMMERCE REGULATIONS
1. The general authority citation for part 122 and the specific
authority citations for sections 122.12, 122.14, 122.22, 122.23,
122.24, 122.26, 122.32, 122.61 and 122.154 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436,
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
2. Revise Sec. 122.0 to read as follows:
Sec. 122.0 Scope.
(a) Applicability. The regulations in this part relate to the entry
and clearance of aircraft and the transportation of persons and cargo
by aircraft, and are applicable to all air commerce. They do not apply
to Guam, Midway, American Samoa, Wake, Kingman Reef, Johnston Island,
and other insular possessions of the United States not specified
herein. They do apply to the U.S. Virgin Islands as stated in subpart N
(Sec. Sec. 122.41 through 122.144), and Cuba as stated in subpart O
(Sec. Sec. 122.151 through 122.158).
(b) Authority of Other Agencies. Nothing in this part is intended
to divest or diminish authority and operational control that are vested
in the FAA or any other agency, particularly with respect to airspace
and aircraft safety.
3. Amend Sec. 122.12 by revising paragraph (c) to read as follows:
Sec. 122.12 Operation of international airports.
* * * * *
(c) FAA rules; denial of permission to land.--(1) Federal Aviation
Administration. International airports must follow and enforce any
requirements for airport operations, including airport rules that are
set out by the Federal Aviation Administration in 14 CFR part 91.
(2) Customs and Border Protection. CBP, based on security or other
risk assessments, may limit the locations where aircraft entering the
United States from a foreign port or place may land. Consistent with
Sec. 122.0(b) of this Title, CBP has the authority to deny permission
to land in the United States, based upon security or other risk
assessments.
(3) Commercial aircraft. Permission to land at an international
airport may be denied to a commercial aircraft if advance electronic
information for incoming foreign cargo aboard the aircraft has not been
received as provided in Sec. 122.48a, except in the case of emergency
or forced landings.
(4) Private Aircraft. Permission to land at an international
airport will be denied if the pilot of a private aircraft arriving from
a foreign port or place fails to submit an electronic manifest and
notice of arrival pursuant to Sec. 122.22, except in the case of
emergency or forced landings.
* * * * *
4. Revise Sec. 122.14 to read as follows:
Sec. 122.14 Landing rights airports.
(a) Permission to land. Permission to land at a landing rights
airport may be given as follows:
(1) Scheduled flight. The scheduled aircraft of a scheduled airline
may be allowed to land at a landing rights airport. Permission is given
by the director of the port, or his representative, at the port nearest
to which first landing is made.
[[Page 53404]]
(i) Additional flights, charters or changes in schedule--(A)
Scheduled aircraft. If a new carrier plans to set up a new flight
schedule, or an established carrier makes changes in its approved
schedule, landing rights may be granted by the port director.
(ii) Additional or charter flight. If a carrier or charter operator
wants to begin operating or to add flights, application shall be made
to the port director for landing rights. All requests shall be made not
less than 48 hours before the intended time of arrival, except in
emergencies. If the request is oral, it shall be put in writing before
or at the time of arrival.
(2) Private aircraft. The pilots of private aircraft are required
to secure permission to land from CBP following transmission of the
advance notice of arrival via an electronic data interchange system
approved by CBP, pursuant to Sec. 122.22. Prior to departure as
defined in section 122.22(a), from a foreign port or place, the pilot
of a private aircraft must receive a message from CBP that landing
rights have been granted for that aircraft at a particular airport.
(3) Other aircraft. Following advance notice of arrival pursuant to
Sec. 122.31, all other aircraft may be allowed to land at a landing
rights airport by the director of the port of entry or station nearest
the first place of landing.
(4) Denial or withdrawal of landing rights. Permission to land at a
landing rights airport may be denied or permanently or temporarily
withdrawn for any of the following reasons:
(i) Appropriate and/or sufficient Federal Government personnel are
not available;
(ii) Proper inspectional facilities or equipment are not available
at, or maintained by, the requested airport;
(iii) The entity requesting the landing rights has a history of
failing to abide by appropriate instructions given by a CBP officer;
(iv) Reasonable grounds exist to believe that applicable Federal
rules and regulations pertaining to safety, including cargo safety and
security, CBP, or other inspectional activities may not be adhered to;
(v) The granting of the requested landing rights would not be in
the best interests of the Government; or
(vi) CBP has deemed it necessary to deny landing rights to an
aircraft.
(5) Appeal of denial or withdrawal of landing rights for commercial
scheduled aircraft as defined in 122.1(d). In the event landing rights
are denied or subsequently permanently withdrawn by CBP, within 30 days
of such decision, the affected party may file a written appeal with the
Assistant Commissioner, Office of Field Operations, Headquarters.
(6) Emergency or forced landing. Permission to land is not required
for an emergency or forced landing (covered under Sec. 122.35).
(b) Payment of expenses. In the case of an arrival at a location
outside the limits of a port of entry, the owner, operator or person in
charge of the aircraft must pay any added charges for inspecting the
aircraft, passengers, employees and merchandise when landing rights are
given (see Sec. Sec. 24.17 and 24.22(e) of this chapter).
5. Revise Sec. 122.22 to read as follows:
Sec. 122.22 Electronic manifest requirement for all individuals
onboard private aircraft arriving in and departing from the United
States; notice of arrival and departure information.
(a) Definitions. For purposes of this section:
Departure. ``Departure'' means the point at which the aircraft is
airborne and the aircraft is en route directly to its destination.
Departure Information. ``Departure Information'' refers to the data
elements that are required to be electronically submitted to CBP
pursuant to paragraph (c)(4) of this section.
Pilot. ``Pilot'' means the individual(s) responsible for operation
of an aircraft while in flight.
Travel Document. ``Travel Document'' means U.S. Department of
Homeland Security approved travel documents.
United States. ``United States'' means the continental United
States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of
the United States.
(b) Electronic manifest requirement for all individuals onboard
private aircraft in the U.S.; notice of arrival.
(1) General requirement. The private aircraft pilot is responsible
for ensuring the notice of arrival and manifest information regarding
each individual onboard the aircraft are transmitted to CBP. The pilot
is responsible for submitting this information, but may authorize
another party to submit the information on their behalf. All data must
be transmitted to CBP by means of an electronic data interchange system
approved by CBP and must set forth the information specified in this
section. All data pertaining to the notice of arrival for the aircraft
and the manifest data regarding each individual onboard the aircraft
must be transmitted at the same time via an electronic data interchange
system approved by CBP.
(2) Time for submission. The private aircraft pilot is responsible
for ensuring that the information specified in paragraphs (b)(3) and
(b)(4) of this section is transmitted to CBP:
(i) No later than 60 minutes prior to departure of the aircraft; or
(ii) For flights not originally destined to the United States but
diverted to a U.S. port due to an emergency, no later than 30 minutes
prior to arrival; in cases of non-compliance, CBP will take into
consideration that the carrier was not equipped to make the
transmission and the circumstances of the emergency situation.
(3) Manifest data required. For private aircraft arriving in the
United States the following identifying information for each individual
onboard the aircraft must be submitted:
(i) Full name (last, first, and, if available, middle);
(ii) Date of birth;
(iii) Gender (F=female; M=male);
(iv) Citizenship;
(v) Country of residence;
(vi) Status onboard the aircraft;
(vii) Travel document type (e.g. P=passport; A=alien registration
card);
(viii) Passport number, if a passport is required or approved DHS
travel document;
(ix) Passport/Travel document country of issuance;
(x) Passport (or other DHS approved travel document) expiration
date;
(xi) Alien registration number, where applicable;
(xii) Address while in the United States (number and street, city,
state, and zip code). This information is required for all travelers
and crew onboard the aircraft;
(xiii) Redress number, if available.
(4) Notice of arrival. The advance notice of arrival must include
the following that applies to the aircraft:
(i) Aircraft registration number;
(ii) Type of Aircraft;
(iii) Call sign (if available);
(iv) Decal number;
(v) Place of last departure;
(vi) Date of aircraft arrival;
(vii) Estimated time of arrival;
(viii) Estimated time and location of crossing U.S. border/
coastline;
(ix) Name of intended U.S. airport of first landing (as listed in
122.24 if applicable, unless an exemption has been granted under
122.25, or the aircraft was inspected by CBP Officers in the U.S.
Virgin Islands);
(x) Owner/Lessee's name (last, first, and, if available, middle);
(xii) Owner/Lessee's address (number and street, city, state, zip
code, country, telephone no., fax no., and e-mail address);
(xii) Pilot/Private aircraft pilot name;
(xiii) Pilot license number;
(xiv) Pilot street address (number and street, city, state, zip
code, country,
[[Page 53405]]
telephone no., fax no., and e-mail address);
(xv) Country of issuance of pilot's license;
(xvi) Operator name (last, first, and if available, middle);
(xvii) Operator street address (number and street, city, state, zip
code, country, telephone no., fax no., and e-mail address);
(xviii) Transponder code (beacon number);
(xix) Color;
(xx) Complete Itinerary (foreign airports landed at within past 24
hours prior to landing in United States);
(xxi) 24-hour Point of contact (e.g., broker, dispatcher, repair
shop) name and phone number.
(5) Reliable facilities. When reliable means for giving notice are
not available (for example, when departure is from a remote place) a
landing must be made at a foreign place where notice can be sent prior
to coming into the United States.
(6) Permission to depart. Prior to departure from the foreign port
or place, the pilot of a private aircraft must receive a message from
DHS approving departure for the United States, or following any
instructions contained therein prior to departure.
(7) Changes to manifest. The private aircraft pilot is obligated to
make necessary changes to the arrival manifest after transmission of
the manifest to CBP. If changes are necessary, an updated and amended
manifest must be resubmitted. If a subsequent manifest is submitted
less than 60 minutes prior to departure, the private aircraft pilot
must resubmit the arrival manifest and receive approval from CBP for
the amended manifest containing the added or amended information before
allowing the aircraft to depart the foreign location, or the aircraft
may be, as appropriate, denied clearance to depart, diverted from
arriving in the United States, or denied permission to land in the
United States. If a subsequent amended manifest is submitted by the
pilot, any approval to depart the foreign port or location previously
granted by CBP as a result of the original manifest's submission is
invalid.
(c) Electronic manifest requirement for all individuals onboard
private aircraft departing from the United States; departure
information.
(1) General requirement. The private aircraft pilot is responsible
for ensuring that information regarding private aircraft departing the
United States, and manifest data for all individuals onboard the
aircraft is timely transmitted to CBP. The pilot is responsible for
submitting this information, but may authorize another party to submit
the information on their behalf. All data must be transmitted to CBP by
means of an electronic data interchange system approved by CBP, and
must set forth the information specified in paragraph (c)(3). All data
pertaining to the aircraft, and all individuals on board the aircraft
must be transmitted at the same time.
(2) Time for submission. The private aircraft pilot must transmit
the electronic data required under paragraphs (c)(3) and (c)(4) of this
section to CBP no later than 60 minutes prior to departing the United
States.
(3) Manifest data required. For private aircraft departing the
United States the following identifying information for all individuals
onboard the aircraft must be submitted:
(i) Full name of all individuals onboard the aircraft (last, first,
and, if available, middle);
(ii) Date of birth;
(iii) Gender (F=female; M=male);
(iv) Citizenship;
(v) Country of residence;
(vi) Status on board the aircraft;
(vii) Travel document type (e.g. P=passport; A=alien registration
card);
(viii) Passport number, if a passport is required, or approved DHS
travel document;
(ix) Passport/Travel document country of issuance, if such a
document is required;
(x) Passport/Travel document expiration date, if such a document is
required;
(xi) Alien registration number, where applicable;
(xii). Address while in the United States (number and street, city,
state, and zip code). This information is required for all travelers
and crew onboard the aircraft;
(xiii) Redress number, if available.
(4) Notice of Departure information. For private aircraft departing
the United States, the following departure information must be
submitted:
(i) Aircraft registration number;
(ii) Type of Aircraft;
(iii) Call sign (if available);
(iv) Decal number;
(v) Place of last departure;
(vi) Date of aircraft departure;
(vii) Estimated time of departure;
(viii) Estimated time and location of crossing U.S. border/
coastline;
(ix) Name of intended foreign airport of first landing;
(x) Owner/Lessee's name (last, first, and, if available, middle);
(xi) Owner/Lessee's street address (number and street, city, state,
zip code, country, telephone no., fax no., and e-mail address);
(xii) Pilot/Private aircraft pilot name (last, first and, if
available, middle);
(xiii) Pilot license number;
(xiv) Pilot street address (number and street, city, state, zip
code, country, telephone no., fax no., and e-mail address);
(xv) Country of issuance of pilot's license;
(xvi) Operator name (last, first, and if available, middle):
(xvii) Operator street address (number and street, city, state, zip
code, country, telephone no., fax no., and e-mail address);
(xviii) 24-hour Point of contact (e.g., broker, dispatcher, repair
shop) name and phone number;
(xix) Transponder code (beacon number);
(xx) Color;
(xxi) Complete itinerary (intended foreign airport destinations for
24 hours following departure).
(5) Permission to depart. Prior to departure from the foreign port
or place, the pilot of a private aircraft must receive a message from
DHS approving departure for the United States, or following any
instructions contained therein prior to departure.
(6) Changes to manifest. The private aircraft pilot is obligated to
make necessary changes to the manifest data after transmission of the
manifest to CBP. If changes are necessary, an updated and amended
manifest must be resubmitted. If a subsequent manifest is submitted
less than 60 minutes prior to departure, the private aircraft pilot
must resubmit the arrival manifest and receive approval from CBP for
the amended manifest containing the added or amended information before
allowing the aircraft to depart the U.S. location, or the aircraft may
be, as appropriate, denied clearance to depart from the United States.
If a subsequent, amended manifest is submitted by the pilot, any
clearance previously granted by CBP as a result of the original
manifest's submission is invalid.
7. Amend Sec. 122.23 by revising the section heading and the
heading of paragraph (a), the introductory text of paragraph (a)(1) and
paragraph (b). The revisions read as follows:
Sec. 122.23 Certain aircraft arriving from areas south of the U.S.
(a) Application. (1) This section sets forth particular
requirements for certain aircraft arriving from south of the United
States. This section is applicable to all aircraft except:
* * * * *
(b) Notice of arrival. All aircraft described in paragraph (a) of
this section arriving in the Continental
[[Page 53406]]
United States via the U.S./Mexican border or the Pacific Coast from a
foreign place in the Western Hemisphere south of 33 degrees north
latitude, or from the Gulf of Mexico and Atlantic Coast from a place in
the Western Hemisphere south of 30 degrees north latitude, from any
place in Mexico, from the U.S. Virgin Islands, or (notwithstanding the
definition of ``United States'' in 122.1(1)) from Puerto Rico (if
conducting flight rules ), must furnish a notice of intended arrival.
Private aircraft must transmit an advance notice of arrival as set
forth in Sec. 122.22 of this part. Other than private aircraft, all
aircraft to which this section applies must communicate to CBP notice
of arrival at least one hour before crossing the U.S. coastline by
telephone, radio, other method or the Federal Aviation Administration
in accordance with paragraph (c) of this section.
8. Amend Sec. 122.24 by revising the section heading, paragraph
(a), the heading to paragraph (b) and removing all of the text of
paragraph (b) except for the table. The revisions read as follows:
Sec. 122.24 Landing requirements for certain aircraft arriving from
areas south of U.S.
(a) In general. Certain aircraft arriving from areas south of the
United States that are subject to 122.23 are required to furnish a
notice of intended arrival in compliance with Sec. 122.23. Subject
aircraft must land for CBP processing at the nearest designated airport
to the border or coastline crossing point as listed under paragraph (b)
unless exempted from this requirement in accordance with Sec. 122.25.
In addition to the requirements of this section, pilots of aircraft to
which Sec. 122.23 is applicable must comply with all other landing and
notice of arrival requirements. This requirement shall not apply to
those aircraft which have not landed in foreign territory or are
arriving directly from Puerto Rico or if the aircraft was inspected by
CBP officers in the U.S. Virgin Islands.
(b) List of designated airports.
* * * * *
9. Amend Sec. 122.25 to replace the term ``private aircraft,''
wherever it appears with the term ``an aircraft subject to 122.23.''
10. Revise Sec. 122.26 to read as follows:
Sec. 122.26 Entry and clearance.
Private aircraft, as defined in Sec. 122.1(h) arriving in the
United States, are not required to formally enter. No later than 60
minutes prior to departure from the United States to a foreign
location, manifest data for all individuals onboard a private aircraft
and departure information must be submitted as set forth in Sec.
122.22(c). Private aircraft must not depart the United States to travel
to a foreign location until CBP confirms receipt of the appropriate
manifest and departure information as set forth in Sec. 122.22(c), and
grants electronic clearance via electronic mail or telephone.
11. Revise Sec. 122.31 to read as follows:
Sec. 122.31 Notice of arrival.
(a) Application. Except as provided in paragraph (b) of this
section, all aircraft entering the United States from a foreign area
shall give advance notice of arrival.
(b) Exceptions for scheduled aircraft of a scheduled airline.
Advance notice is not required for aircraft of a scheduled airline
arriving under a regular schedule. The regular schedule must have been
filed with the port director for the airport where the first landing is
made.
(c) Giving notice of arrival--(1) Procedure.--(i) Private aircraft.
The pilot of a private aircraft must give advance notice of arrival in
accordance with Sec. 122.22 of this part.
(ii) Aircraft arriving from Cuba. Aircraft arriving from Cuba must
follow the advance notice of arrival procedures set forth in Sec.
122.154 in subpart O of this part.
(iii) Certain aircraft arriving from areas south of the United
States. Certain aircraft arriving from areas south of the United States
(other than Cuba) must follow the advance notice of arrival procedures
set forth in Sec. 122.23 of this part.
(iv) Other aircraft. The commander of an aircraft not otherwise
covered by paragraphs (c)(i), (c)(ii) and (c)(iii) of this section must
give advance notice of arrival as set forth in paragraph (d) of this
section. Notice shall be given to the port director at the place of
first landing, either:
(A) Directly by radio, telephone, or other method; or
(B) Through Federal Aviation Administration flight notification
procedure (see International Flight Information Manual, Federal
Aviation Administration).
(2) Reliable facilities. When reliable means for giving notice are
not available (for example, when departure is from a remote place) a
landing shall be made at a place where notice can be sent prior to
coming into the U.S.
(d) Contents of notice. The advance notice of arrival required by
aircraft covered in paragraph (c)(iv) of this section must include the
following information:
(1) Type of aircraft and registration number;
(2) Name of aircraft commander;
(3) Place of last foreign departure;
(4) International airport of intended landing or other place at
which landing has been authorized by CBP;
(5) Number of alien passengers;
(6) Number of citizen passengers; and
(7) Estimated time of arrival.
(e) Time of notice. Notice of arrival as required pursuant to
paragraph (c)(iv) of this section must be furnished far enough in
advance to allow inspecting CBP officers to reach the place of first
landing of the aircraft.
(f) Notice of other Federal agencies. When advance notice is
received, the port director shall inform any other concerned Federal
agency.
12. Revise Sec. 122.32 to read as follows:
Sec. 122.32 Aircraft required to land.
(a) Any aircraft coming into the U.S., from an area outside of the
U.S., is required to land, unless it is denied permission to land in
the U.S. by CBP pursuant to 122.12(c), or is exempted from landing by
the Federal Aviation Administration.
(b) Conditional permission to land. CBP has the authority to limit
the locations where aircraft entering the U.S. from a foreign area may
land. As such, aircraft must land at the airport designated in their
APIS transmission unless instructed otherwise by CBP.
13. In Sec. 122.61 revise the introductory text of paragraph (a)
to read as follows:
Sec. 122.61 Aircraft required to clear.
(a) Private aircraft leaving the United States for a foreign area
are required to clear as set forth in Sec. 122.26. All other aircraft,
except for public aircraft, leaving the United States for a foreign
area, are required to clear if:
* * * * *
14. Amend Sec. 122.154 by adding paragraph (d) below, and revising
paragraph (a) to read as follows:
Sec. 122.154 Notice of arrival.
(a) Application. All aircraft entering the U.S. from Cuba shall
give advance notice of arrival, unless it is an Office of Foreign
Assets Control (OFAC) approved, scheduled commercial aircraft of a
scheduled airline.
* * * * *
(d) Private Aircraft. In addition to these requirements, private
aircraft must also give notice of arrival pursuant to Sec. 122.22 of
this part.
Michael Chertoff,
Secretary.
[FR Doc. E7-18121 Filed 9-17-07; 8:45 am]
BILLING CODE 9111-14-P