ultrarunner
Well-known member
- Joined
- Nov 26, 2001
- Posts
- 4,322
Seadogrun, it's pretty simple. CPB has designated a number of airports as "required landing airports" when arriving into the US FROM points south. You can get the list of airports at the CPB website.
A border overflight exemption allows you to overfly those airports and use an AOE (or multiple AOE's) that you have chosen.
And yes, the overflight exemption IS primary passenger specific, and it denotes that rule right on the permit. Along with your designated passengers.
The expemption is also flight-crew specific and those persons are also listed.
The expemption does not differentiate between 91 or 135.
Here is a snip from the NBAA's website:
Most Part 91 operators are familiar with US Customs southern border overflight exemptions and the benefits that they can provide. However, the mis-use of these exemptions can have serious consequences for flight departments and flight crews.
An overflight exemption allows a Part 91 operation to bypass the requirement to land at one of the designated southern border airports when arriving from an area south of the United States. For example, an overflight exemption would allow a private aircraft to fly from the Bahamas to Richmond, Virginia, without having to stop at the designated airport of Wilmington, NC. This is obviously a cost and time-saving benefit for operators.
A problem arises, however, when operators use their overflight exemptions to bring an aircraft back into the US without an approved passenger on board. Some operators have tried to use crewmembers by re-designating them as passengers, which is illegal.
Customs regulation 19 CFR 122.25(c)(7), that explains the overflight exemption request process, is clear in stating that "An approved passenger must be on board for the overflight exemption to be used." An "approved passenger" is defined as a passenger who is listed as such on the original overflight exemption. The intent of the law expressly forbids the listing of a crewmember as a passenger for any given flight, even if that person is not functioning as a crewmember during that specific flight. In addition, all crewmembers must be listed as such on the overflight exemption to avoid penalties.
There have been instances where individual ports have interpreted or enforced the customs regulations incorrectly. However, these instances cannot be used to justify non-compliance with the rules. The regulations contained in 19 CFR 122.25(c)(7) are straightforward in regard to the southern border overflight exemption. As a result, NBAA recommends that Members follow these regulations in order to avoid penalties.
Operators who are found to be in violation of these rules are not only subject to significant monetary fines and revocation of their overflight permits, but they can expect to be added to the CBP's database as having been non-compliant. This will ensure greater scrutiny during future border crossings.
More information about overflight permits can be found by downloading the U.S. Customs and Border Protection Guide for Private Flyers. If operators have additional questions, they are encouraged to contact their nearest Port of Entry's Overflight Desk.
A border overflight exemption allows you to overfly those airports and use an AOE (or multiple AOE's) that you have chosen.
And yes, the overflight exemption IS primary passenger specific, and it denotes that rule right on the permit. Along with your designated passengers.
The expemption is also flight-crew specific and those persons are also listed.
The expemption does not differentiate between 91 or 135.
Here is a snip from the NBAA's website:
Most Part 91 operators are familiar with US Customs southern border overflight exemptions and the benefits that they can provide. However, the mis-use of these exemptions can have serious consequences for flight departments and flight crews.
An overflight exemption allows a Part 91 operation to bypass the requirement to land at one of the designated southern border airports when arriving from an area south of the United States. For example, an overflight exemption would allow a private aircraft to fly from the Bahamas to Richmond, Virginia, without having to stop at the designated airport of Wilmington, NC. This is obviously a cost and time-saving benefit for operators.
A problem arises, however, when operators use their overflight exemptions to bring an aircraft back into the US without an approved passenger on board. Some operators have tried to use crewmembers by re-designating them as passengers, which is illegal.
Customs regulation 19 CFR 122.25(c)(7), that explains the overflight exemption request process, is clear in stating that "An approved passenger must be on board for the overflight exemption to be used." An "approved passenger" is defined as a passenger who is listed as such on the original overflight exemption. The intent of the law expressly forbids the listing of a crewmember as a passenger for any given flight, even if that person is not functioning as a crewmember during that specific flight. In addition, all crewmembers must be listed as such on the overflight exemption to avoid penalties.
There have been instances where individual ports have interpreted or enforced the customs regulations incorrectly. However, these instances cannot be used to justify non-compliance with the rules. The regulations contained in 19 CFR 122.25(c)(7) are straightforward in regard to the southern border overflight exemption. As a result, NBAA recommends that Members follow these regulations in order to avoid penalties.
Operators who are found to be in violation of these rules are not only subject to significant monetary fines and revocation of their overflight permits, but they can expect to be added to the CBP's database as having been non-compliant. This will ensure greater scrutiny during future border crossings.
More information about overflight permits can be found by downloading the U.S. Customs and Border Protection Guide for Private Flyers. If operators have additional questions, they are encouraged to contact their nearest Port of Entry's Overflight Desk.
