Overfly Permit

[Fblowjets]

I am going to be returning from the Bahamas and would like to go direct to Atlanta. Anyone have info on getting an overfly permit to go direct Atlanta?

Thanks
FBJ

 

[Gulfstream 200]

http://www.cbp.gov/linkhandler/cgov...ate_flyers_guide.ctt/private_flyers_guide.pdf



and some info from NBAA:

When can a CBP southern border overflight exemption be used?

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.

 

[Hugh Johnson]

Call the Atlanta Customs office.

 

[Fblowjets]

Good to know, I will have passengers both ways, so should be no problem. Guess calling them is the only way to get the application. You would think there would be an online app for this.

Thanks for the input.

FBJ

 

[taxi1wire]

Overflight permits

As with all things FSDO related, it may take a few to several weeks to get your pax names on the overflight extension. We had this issue come up 2 weeks ago with a brand new set of exec's that were not on our former overflight permit, so a stop in ILM was necessary.
Allow 3 weeks..


Paul

 

[ultrarunner]

FSDO??? You mean your customs office right? I have never used a FSDO with anything customs related.

 

[G100driver]

If you want to be lazy ... call Universal. They will handle it for you for about $500.

 

[ultrarunner]

Yeah, you can call Universal, etc...but in the end, the operator STILL has to provide ALL the information on CBP Form 442.

And its not hard. Take a few minutes to look the form over, gather all the info, then fire it off to the appropriate border overflight desk for your region.

Keep in mind that an overflight exemption also requires to list your airports of intended departure. NOT just your requested airports of arrival.

 

[Hawker800]

We just got one for ORL. The issue for us was getting all of the passenger info ready. Once the paxs cooperated, the process itself was relatively easy.

 

[Seadogrun]

http://forms.cbp.gov/pdf/CBP_Form_442A.pdf

There's the linke to the form 442a, th pilot/crewmember app.

I am also trying to figure out exactly what is allowed using the permit and how it works. Is it for Part 91 only? From the above post it seem that you must have a passenger onboard, ie no crew only flights? Any further info would be appreciated.

Thanks,

 

[ultrarunner]

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.

 

[Seadogrun]

Thanks for the explanation.

 

[NJAowner]

and I beleive (I will leave the facts to the experts here) that the overflight permit is not only passenger specific but arriving airport specific. I think you need to apply for all of your requested intended city pairs. Someone with much more knowledge than me may expand.

Fly safe.

 

[ultrarunner]

and I beleive (I will leave the facts to the experts here) that the overflight permit is not only passenger specific but arriving airport specific. I think you need to apply for all of your requested intended city pairs. Someone with much more knowledge than me may expand.

Fly safe.

US Customs with typically add several AOE airports in the general area of the airport for which you have requested.

For example, when you request TEB, Customs will also add EWR, SWF and HPN. That is typical of most metro areas for an airport you have requested.

But yes, generally you will request each specific airport. You don't list city pairs, only those airports you wish to depart from and those you wish to land at. The overflight permit is not 'city-pair' specific.