Customs rules

[cvsfly]

Has any small or large 135 operator been contacted by Customs about the new reg. about providing US Customs with electronic PNR (Passenger Name Record) info for international charter flights. See 19 CFR 122.49 a & b in Federal Register dated 6/25/02. On-demand operators, of course, aren't going to have an electronic reservation system like the scheduled airlines. Has anyone considered setting up their own website to allow an "interface" with US Customs. And what exactly is this "interface"? The only reasonable way I can figure out how our small operation could do it is through a web site and provide a secure logon page for US Customs to use and display our PNR info there when we get an international flight scheduled. Am I reading this regulation correctly?

Another note. With more emphasis on proper paperwork for international charter flights under 135, are you required to get a clearance number (in effect submitting an outbound General Declaration) outbound? I know inbound to the US (our flights will mostly be to and from Bahamas) you have send an electronic passenger manifest (which is not a flexible system for last minute changes, especially if you learn after landing in Exuma that you have an additional passenger), submit General Declaration forms, crew immigration form., and each passenger/family with their decs. We have to collect from the customer an APHIS fee (for agriculture inspection) and remit that quarterly with a report. Now I am just learning about the Customs surety/performance bond that is also required (min $75,000 bond/$750 premium even for pax only flights)(but until recently hasn't been enforced). Am I on track here?

Also are Part 135 on demand flights eligible for overflight permits according to 19 CFR 122.25? I have gotten different answers to that. I get confused with the definitions for private and commercial aircraft with Part 122 and the FARs. I was told verbaly by Customs that overflight permits were only granted for private Part 91 flights and that all 135 flights arriving from south of 30* north lattitude must clear at one of the designated airports in FL (just focussing on Bahama/Caribbean flights for now). Thanks.

 

[iaflyer]

I can't answer the first part of your question regarding passenger records. The second part I can at least tell you what my compnay has.

Our company flies on demand freight. We are a 121 carrier, but the airplane I fly is basically 135 - a Falcon 20 (weight- 28,660 max) . We have approval from the customs to overfly the designated airports closest to the border.

We don't fly through Florida, but we come from Mexico often. For example, if we are flying from Mexico City to eventually drop freight in Chicago, we can't go non-stop for fuel reasons. But, we can overfly Laredo and clear customs in say, Kansas City.

Each crewmember has to be approved, and listed on the permit we carry in the airplane. I don't know how it would work with passengers though.

Don't quote me, but I think that aircraft above a certain weight are eligable to overfly the border without the required stop at a designated airports. The Falcon is too small to do this, so we would have to stop. However, since we have this permit to overfly, we don't have to anymore. The permit gets renewed every year or so.

Good luck - I would suggest try talking with a customs office that isn't on the border. I think they don't like the idea aircraft overflying their office - cuts down on their traffic counts.

iaflyer

 

[cvsfly]

Thanks iaflyer. I assumed it was something like that for that type of operation. We fly a 12,500 lb BE-200 passenger only. Any other input from small 135 pax operators in the southeast?

 

[cvsfly]

Attention: Capnflyright, Hawker rider, No Desk Jobs, etc

Now I'm really confused about the Customs bond issue. I've been trying to research the requirement for us as a passenger only on-demand 135 operator in a BE-200 doing occasional trips to the Caribbean. I called our aviation insurance agent and he researched it because he was getting calls on it as well and determined that we do indeed have to have a customs performance/surety bond as insurance for customs to get paid if one of our passengers skips out on paying a duty. I don't see why we would be required to get a $75,000 bond when we do about 10 trips a year and our passengers usually only bring back merchandise that falls under duty free. We don't represent the passenger as an importer of merchandice. Well I called one bond broker who could write the $75,000 continuous bond for $750/yr and I saw language for a single transaction bond thinking that would be much cheaper. Well, they didn't do those and called another broker who said this is not a requirement for us! I guess I need to read Public Law 107-71 again and I guess I need to interview a customs agent (as long as they don't get mad that we have complied with this this year).

 

[Rick1128]

Customs

For the APIS our company is using the NBAA website. And you don't have to be a NBAA member. Works good. As for last minute passengers, all I can say is your passengers have to be told that due to security regulations they need to tell you at least several hours in advance that there is a passenger change. We tell our passengers that we can not carry anyone who is not on our list. And we make Customs the bad guy. Afterall they are used to it.

Overflight permits. In reality there are two types. The continual permit and a one time permit. The continual requires reams of documentation and time to get. And does require renewal on a regular basis. It can be a pain in the a**. Especially now. A one time overflight requires the permission of the customs office you will land at. They generally don't give those out too freely. Since we do a lot of air ambulance, we use them quite a lot. Some times we don't get them. It is up to the agent you talk to.

As for the bond, it is like the FAA, it depends on who you talk to. Each of your passengers fills out a Customs Form 6095B Customs Declaration and signs it. Since you are not signing the form as an agent, I can not see why you are required to have a bond. All the 135 operators I know do not have one for passenger flights.

Good luck

 

[cvsfly]

Thanks. Yeah, I don't see a reason for the bond either. I guess I started getting worked up after seeing the thread started by Capnflyright 8/8/02 under "US Customs Bonds". I could find nothing in Public Law 107-71 (Transportation Security Act) that speaks directly to new customs arrangements for this liability issue. Then again I'm not a lawyer. After viewing the Customs web site, I couldn't find anything specific to our passenger only operation. Customs authority to require bonds are under 19 CFR Part 1623 and bond conditions under 19 CFR Subpart G of Part 113 - I guess more boring reading.

I have seen language for exceptions for overflight requirements for air ambulance, but do you think normal passenger 135 flights would be allowed an overflight permit? We are in the process of requesting a term overflight permit for our 91 flights.

 

[Rick1128]

I have had overflight permits for passenger operations before. But that was pre 9/11 and the companies had track records. So your guess is as good as mine. About all you can do is apply and see what happens.