Schedulers & Dispatchers Conference | San Jose, CA | February 3 – 6, 2015
February 06, 2015
 
Part 91 – Private/Non-Revenue
Customs Form 6059B •   Customs Declaration
 
Part 135 – Non Scheduled Commercial/Charter
• Inbound
 – Pre-notification
 – Update
 – Transmit outbound APIS
Part 135 – Non-Scheduled Commercial/Charter
General declaration (CF 7507)
Customs Bond (CF 301)
Crew Declarations (CF 5129)
 Aircraft/Vessel Report (CF I-92)
 
Customs Form 7507 • General Declaration
Customs Form 301 • Customs Bond
 
Customs Form 5129 • Crew Declarations
Customs Form I-92 •  Aircraft/Vessel Report
 
Customs Form I-95 • Crewman’s Landing
Permit
• CBP is “phasing out” the old I-94 forms
• When eAPIS is filed, CBP will print out the I-94 form for passenger
• Electronic form will be available for printing at any time
• CBP will distribute a “tear sheet” at the time of inspection  
 
 – Designated • Southern-border airports/first port of entry
entering the U.S. from the south  – Landing rights
• Prior permission required to land • Usually 24-hours notice required
 – User Fee • Costs associated with user-fee airports
 
• Obtaining a decal
• Registry specific
• Different than commercial and charter operations because:
CBP deviated from the WCO/IATA PAXLST format
 Additional data fields added to end the requirement for operators to present a competed CF178 on arrival
Customized for general aviation and subject to evolve
 
• Commercial operators
 – UNEdifact (Commercial APIS) • It is a standard Electronic Data Interchange (EDI) message set
approved for the use by the United Nations/Electronic Data Interchange for Administration, Commerce and Trade (UN/EDIFACT) under the auspices of the United Nations Economic Commission for Europe (UN/ECE)
 
 – Carrier Code
 – Master Crew List (MCL) • It is the operators’ list of crew members and associated crew data
on file with the U.S. Transportation Security Administration (TSA)
• Operators conducting a commercial/charter flight into or out of the United States are required to have all crew members on the flight listed on their MCL in advance
 
• Needed from departing port
 – Outbound Clearance • Outbound APIS
• Operator Level of Data (Not Trusted / Trusted)
•  Access (Denied, Restricted, Open)
Technology (US –Visit) Program
• US-VISIT requires that most foreign visitors traveling to the U.S. on a visa have their two index fingers scanned and a digital photograph taken to verify their identity at the port of entry. Most international airports are equipped with the full-ten- fingers scanners now.
 
• Visa Requirements  – Crew Visas
• Non-U.S. crew on a PRIVATE vessel should enter the U.S. on a B1/B2 visa, not a C1/D visa.
• Crewmembers on charter or commercial aircraft must enter the U.S. on a C1/D visa.
•  Arriving the U.S. on a commercial aircraft with the intent to depart on a PRIVATE aircraft a B1/B2 visa is required OR enter under the VWP
• Crew arriving the U.S. commercially departing on a NON-schedule commercial operation out of the U.S. must present a C1/D visa or enter under the VWP
•  Always just suggest both for non-U.S. crew, B1/B2 and C1/D.
 – Passenger Visas
Ireland (EINN)
• NLT 48 hours prior to notification to arrange
• Hours of Operation
Ireland (EINN)
•  Aircraft must arrive in a U.S. airport authorized to handle agriculture by the USDA and CBP
• Full Clearance – All Crew/Pax off at airplane and into the terminal
•  A list of USDA-approved airports and FAQ sheet available on www.CBP.gov 
•  Aircraft no longer required to shutdown APU while inspection taking place if the exhaust is 8 feet or higher from the ground
• Removed passenger requirements
• EAPIS driven
 
Visa Waiver Program
• The Visa Waiver Program (VWP) enables citizens of certain countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa
• 38 countries are participating at this time:
 –  Andorra, Iceland, Norway, Australia, Ireland, Portugal, Austria, Italy, San Marino, Belgium, Japan, Singapore, Brunei , Liechtenstein, Slovenia, Slovakia, Denmark, Luxembourg, Spain, Finland, Monaco, Sweden, France, the Netherlands, Switzerland, Germany, New Zealand, United Kingdom, Czech Republic, Estonia, Hungary, Republic of Korea, Latvia, Lithuania, Greece, Malta, Taiwan, Chile (May 2014)
• Signatory Carrier Status: 7 year validity
• Non-U.S. Based operators:
 
the 38 participating countries
 – Possess a valid passport
 – I-94W form no longer required
 
Electronic System for Travel Authorization (ESTA)
• Effective Jan. 12, 2009, all VWP travelers will be required to obtain an electronic travel authorization prior to boarding a carrier to travel by air or sea to the U.S. under the VWP.
• Log onto the ESTA Web site at https://esta.cbp.dhs.gov and complete an online application in English. Travelers are encouraged to apply early. The Web-based system will prompt you to answer basic biographical and eligibility questions typically requested on a paper I- 94W form.
•  Applications may be submitted at any time prior to travel; however, the Department of Homeland Security (DHS) recommends that applications be submitted no less than 72 hours prior to travel. In most cases, you will receive a response within seconds.
TSA Waiver Requirements
• U.S. Registered Aircraft whose MTOW is 100,309 lbs. (45,500kgs) or less – a waiver is not required
• U.S. Registered Aircraft whose MTOW is greater than 100,309 lbs. (45,500kgs) – waiver required only when overflying the U.S. (e.g. CYUL –  MMTO)
•  Aircraft registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands, British Virgin Islands with a MTOW of 100,309 lbs. or less operating to, from, or within the U.S. or originating and arriving in any of these countries overflying the U.S. – waiver is not required (e.g. TXKF – MMMY)
 
TSA Waiver Requirements
•  Aircraft registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands, and British Virgin Islands with a MTOW greater than 100,309 lbs. operating directly to or from the U.S. - a waiver is not required
•  Aircraft registered in Mexico, Canada, Bahamas, Bermuda, Cayman Islands, British Virgin Islands with a MTOW greater than 100,309 lbs.. operating within or overflying the U.S. - a waiver is required
• Foreign-registered aircraft from countries not mentioned previously operating directly to or from the U.S. only - a waiver is not required (e.g. EGGW-KTEB- EGGW)
• Foreign-registered aircraft from countries not mentioned previously operating within the U.S. or overflying the U.S. - a waiver is required
 
• Fleet Waiver
• 3 to 5 business days processing time
• TSA Form 407
 – Supply information on Operator, Aircraft, Crew and Passengers, and Itinerary
 – Fill out Security Statement
•  Applicable to ALL aircraft registered in Special Interest Countries: China, Russia, Syria, Iran, Sudan, Cuba, and North Korea.
• Required to obtain specific routing approval through
the FAA Air Traffic System Operations Security
• Applicable for all routing over U.S. Territorial Airspace
 – 13 NM from U.S. Coastline
 
 – Submit planned routing request with TSA Waiver Authorization # to FAA
 – FAA will alter route as it sees fit and return specific approved routing
 – Deviation only allowed for safety reasons, ie. weather
 – Valid for up to 24 hrs
 
Global APIS
CARICOM / APIS
• Legislation has been passed that obliges APIS to transmit to the ten participating member states within a single domestic airspace for all air and sea carriers arriving at, or departing from, each member state.
• Member states include Antigua, Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica, St. Kitts, Nevis, St. Lucia, St. Vincent, the Grenadines, Trinidad, and Tobago
 
Global APIS Which countries will implement an APIS requirement next, and what operators will it affect?
• Mexico, CARICOM, China, and Costa Rica already have requirements for APIS for GA
• EU Countries (eBorders) have moved to implement the system and we are awaiting a start date
 
 
Telephone Reporting
 
CANPASS Private Air
 
 – Call 1-888-CANPASS at least two hours prior to arrival
 – The pilot will provide details of the aircraft and passengers
 
• CANPASS Permit Holders May:
 – Call 1-888-CANPASS at least two hours prior to arrival, providing the same information as itinerate aircraft;
 – Arrive at any AOE or CANPASS approved site anytime it is open for landing, even if it is after Customs hours of operation; and
 
flight if they are:
 – Transporting any commercial goods; and/or
 – Transporting any goods which are prohibited, controlled or restricted.
 
Cabotage
• Limits the movement of passengers and goods within the territory of a country to the country’s own air carriers  
• Restricts foreign carriers to international movements
 
Cabotage - Open Skies
• Established January 2012
• The Open Skies Agreement provides criteria under which U.S. or Canadian air carriers can operate charters in each other’s territories .
 
Cabotage
• Movement of the passengers between the two locations in Canada is not restricted as long as it is part of an overall charter contract.
 
Cabotage
• Penalty:
 
 – Calculated using the GCD between entry and exit FIR boundaries
 – Dependent on aircraft wingspan
 – Self-determination process
Type A Type B
Up to 16.7 m and Helicopters
16.7 m to 25.0 m 25.0 m to 38.0 m Over 38.0 m
Fees Per Kilometer Flown
Medium Aircraft $4.65
Large Aircraft $4.97
 – Process is in Spanish only
 – Service provider assistance strongly recommended
 – Payment must be made by wire transfer through a Mexican bank or by personally going to any bank in Mexico
 – Overtime fees and overflight fees are paid separately
 – Latest was released January 15, 2014
 – All operators and aircraft that owe fees to SENEAM are listed
 – Fees do not include late charges and actualization charges
 – Fees go retroactive to 2005
 
 
UK APD (Passenger Tax)
• Fee must be paid for all passengers departing from any airport in the UK
• Fee is based on size of aircraft and distance to capital city of the country of destination
 
• Band A (0-2000 miles) Band B (2001-4000 miles)
• Band C (4001-6000 miles) Band D (Over 6000 miles)
 
Annex 6 Part I
International Commercial Air Transport-
What the ICAO guideline
operators to implement a SMS”  
“Operators of non-commercial aircraft over 12,500
lbs (5,700 kg) or turbojet powered aircraft must
have a SMS in place when flying internationally”  
Operator segment affected Scheduled commercial-
for-hire, e.g. U.S. Part
U.S. Part 91
• Cayman islands
Future outlook • 28 Oct 2012: EASA have given member states up to two years (deadline 28 Oct 2014) to implement SMS regulations
• 2013-2015: Canada is expected to implement SMS regulations
SMS regulatory landscape Observations as of Dec. 2014
 
 – < 1,000 t/co2 annual emissions exemption threshold
 – 2013 + 2014 – Separate reports due
 – Only EU-EU Flights applcable
• Carbon Trading Period (2012-2020)
 
 
Email: ahartley@univ-wea.com Direct Line: 713-378-8075 Mobile Line: 281-460-1867