nprm for private aviation

[[email protected]]

for your consideration:

DHS Launches Initiatives to Strengthen Private Aircraft Security

http://www.dhs.gov/xnews/releases/pr_1189519401970.shtm


http://www.dhs.gov/xlibrary/assets/eAPIS_NPRM_091107.pdf

http://www.dhs.gov/xlibrary/assets/eAPIS_Externa_FAQs_091007.pdf

--j_a, non-pilot, but finds the discussions interesting. :)

[Larry Dighera]

On Tue, 11 Sep 2007 08:17:29 -0700, wrote in
. com>:

>
>DHS Launches Initiatives to Strengthen Private Aircraft Security
>
>http://www.dhs.gov/xnews/releases/pr_1189519401970.shtm
>
>
>http://www.dhs.gov/xlibrary/assets/eAPIS_NPRM_091107.pdf
>
>http://www.dhs.gov/xlibrary/assets/eAPIS_Externa_FAQs_091007.pdf

Thank you for the heads-up.

It looks like pilots departing from or to a foreign place will have to
provide sixty minutes advance notice of

* Arrival

* Complete passenger and crew manifest data

*Aircraft information to foster aircraft identification, tracking
and communication.

This proposed rule seems reasonable to me. Only the sixty minute
advance requirement and method of notification seem new.



Below is some of the text from the DHS web-site:

DHS Launches Initiatives to Strengthen Private Aircraft Security
Release Date: September 11, 2007

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Notice of Proposed Rulemaking: Advance Information on Private
Aircraft Arriving and Departing the United States
eAPIS for International Private Aircraft FAQs (PDF, 4 pages - 65
KB)

The U.S. Department of Homeland Security (DHS) announced today new
efforts to further improve aircraft security in the United States.
DHS is working to strengthen security associated with private
aircraft by publishing a Notice of Proposed Rulemaking (NPRM)
which will require more detailed information about arriving and
departing private aircraft and persons onboard within a timeframe
necessary to assess the risks that certain flights may pose to
national security.

DHS is working through U.S. Customs and Border Protection (CBP) to
identify and vet passengers and crew on inbound and outbound
international private aircraft, generally defined as
non-commercial flights.

“This rule is designed to further protect the nation by improving
our ability to identify threats on flights to and from the United
States,” said Homeland Security Secretary Michael Chertoff. “We
have a similar rule in place that allows us to assess the risk of
commercial aircraft passengers on these flights and we are now
taking steps to expand that capability to include passengers on
international flights by private aircraft.”

The NPRM, Advanced Information on Private Aircraft Arriving and
Departing the United States, expands existing regulations that
will require pilots of private aircraft to provide electronic
manifest data for all persons traveling onboard to the United
States Government one hour prior to departure to and from the
United States by filing manifest data via CBP’s eAPIS system or an
approved alternate system.

The NPRM would require operators of private aircraft to provide
the following information no less than 60 minutes prior to
departure from or to a foreign port or place: advance notice of
arrival, complete passenger and crew manifest data and aircraft
information to foster aircraft identification, tracking and
communication.

DHS is considering a phased approach to implement the proposed
security measures. Under Phase I, DHS will publish the NPRM to
elicit public comments prior to issuance of a final rule and
implementation of the new requirements. Under Phase II, and in
close cooperation with the private aircraft owners and operators
as well as foreign partners, DHS will develop methods and
processes to address additional security vulnerabilities for
international private aircraft operations at their last point of
departure prior to entering U.S. airspace.

The Notice of Proposed Rulemaking is currently available at
www.dhs.gov and will soon be published in the Federal Register.
Once published, persons wishing to comment on the proposed rule
may access the Federal e-Rulemaking Portal at
http://www.dhs.gov/xprevprot/laws/gc_1189519798503.shtm
and follow the instructions for submitting comments. Submissions
must include the agency name and docket number: “USCBP 2007-0064.”

For more information, visit www.dhs.gov.

###


---------------------------------------------------
Notice of Proposed Rulemaking: Advanced Information on Private
Aircraft Arriving and Departing the United States
The Department of Homeland Security has published a Notice of
Proposed Rulemaking (NPRM) which will require more detailed
information about arriving and departing private aircraft and
persons onboard within a timeframe necessary to assess the risks
that certain flights may pose to national security.

The proposed rule expands existing regulations requiring pilots of
private aircraft to provide electronic manifest data for all
persons traveling onboard to the United States Government one hour
prior to departure to and from the United States by filing
manifest data via CBP’s eAPIS system or an approved alternate
system.

The proposed rule would require operators of private aircraft to
provide the following information no less than 60 minutes prior to
departure from or to a foreign port or place:

advance notice of arrival,
complete passenger and crew manifest data and
aircraft information to foster aircraft identification, tracking
and communication.

Notice of Proposed Rulemaking

Advanced Information on Private Aircraft Arriving and Departing
the United States (PDF, 55 pages - 1.4 MB)
http://www.dhs.gov/xlibrary/assets/eAPIS_NPRM_091107.pdf

Comment Period

Written comments must be received on or before 60 days from
publication of this document in the Federal Register.

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

[Kyle Boatright]

> wrote in message
oups.com...
>
> for your consideration:
>
> DHS Launches Initiatives to Strengthen Private Aircraft Security
>
> http://www.dhs.gov/xnews/releases/pr_1189519401970.shtm
>
>
> http://www.dhs.gov/xlibrary/assets/eAPIS_NPRM_091107.pdf
>
> http://www.dhs.gov/xlibrary/assets/eAPIS_Externa_FAQs_091007.pdf
>
> --j_a, non-pilot, but finds the discussions interesting. :)

Strangely, I doubt terrorists with bioweapons or dirty bombs will include
those items on their manifests.

Is this as more "We've gotta do sumpthin', just to say we are addressing the
issue." ?

[Larry Dighera]

On Tue, 11 Sep 2007 12:19:15 -0400, "Kyle Boatright"
> wrote in
>:

>
>Is this as more "We've gotta do sumpthin', just to say we are addressing the
>issue." ?

Unfortunately, DHS has failed to address the issues of examining goods
entering our nation's sea ports nor the cargo carried in passenger
carrying airliners, which would be considerably more useful. But they
did manage to spend $462,000 on an awards ceremony:

http://www.motherjones.com/news/outfront/2005/03/clark_kent.html
At Homeland Security, Ervin’s team of 459 auditors and
investigators uncovered not just security lapses, but extensive
waste. By the time Ervin arrived, the Department of Transportation
had already uncovered one massive cost overrun: A $100 million
contract granted to hire new airline screeners had ballooned to
more than $600 million. Ervin’s subsequent reports revealed that
Boeing Company had received at least $49 million in extra profits
for a contract to do nothing more than oversee other contracts.
And executives at the cash-strapped TSA awarded themselves $1.5
million in year-end bonuses in 2003, and then spent another
$462,000 on an awards ceremony for departmental brass, including
nearly $2,000 for seven sheet cakes and $1,500 for three cheese
displays.

[Gig 601XL Builder]

Kyle Boatright wrote:
>
> Strangely, I doubt terrorists with bioweapons or dirty bombs will
> include those items on their manifests.
>
> Is this as more "We've gotta do sumpthin', just to say we are
> addressing the issue." ?

I think the point is that the DHS gets time to vet the people coming in so
it doesn't have to be done on site by the customs people.

It is really little different than what the airlines have to do and they
block folks from flying all the time. If this actually stops a terrorist
attack it is hard if not impossible to ever tell.