[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Proposed Rules]
[Pages 53394-53406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18121]



[[Page 53393]]

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Part V





Department of Homeland Security





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Bureau of Customs and Border Protection



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19 CFR Part 122



Advance Information on Private Aircraft Arriving and Departing the 
United States; Proposed Rule

  Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / 
Proposed Rules  

[[Page 53394]]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 122

[USCBP-2007-0064]
RIN 1651-AA41


Advance Information on Private Aircraft Arriving and Departing 
the United States

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking (NPRM) proposes to require 
the pilot of any private aircraft arriving in the United States from a 
foreign port or location or departing the United States for a foreign 
port or location to transmit to Customs and Border Protection (CBP) an 
advance electronic transmission of information regarding each 
individual traveling onboard the aircraft.
    This NPRM also proposes to add data elements to the existing notice 
of arrival requirements and proposes a new notice of departure 
requirement. The notice of arrival and notice of departure information 
would be required to be submitted to CBP through an approved electronic 
data interchange system in the same transmission as the corresponding 
arrival or departure manifest information. Under the NPRM, this data 
must be received by CBP no later than 60 minutes before an arriving 
private aircraft departs from a foreign location and no later than 60 
minutes before a private aircraft departs a United States airport or 
location for a foreign port or place.
    Finally, this NPRM proposes to clarify landing rights procedures 
and departure clearance procedures as well as expressly setting forth 
CBP's authority to restrict aircraft from landing in the United States 
based on security and/or risk assessments; or, based on those 
assessments, to specifically designate and limit the airports from 
where aircraft may land or depart.

DATES: Written comments must be received on or before November 19, 
2007.

ADDRESSES: 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.

    Instructions: All submissions received must include the agency name 
and document number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Submitted comments 
may also be inspected on regular business days between the hours of 9 
a.m. and 4:30 p.m. at the Office of International Trade, Customs and 
Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. 
Arrangements to inspect submitted comments should be made in advance by 
calling Mr. Joseph Clark at (202) 572-8768.

FOR FURTHER INFORMATION CONTACT: For Operational Matters--Michael 
Kaneris, Office of Field Operations, Customs and Border Protection, 
202-344-1584. For Legal Matters--Glen Vereb, Branch Chief, Office of 
International Trade, Regulations & Rulings, Customs and Border 
Protection, 202-572-8700.

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
organized as follows:

I. Public Participation
II. Background and Current Requirements
    A. Background and Authorities
    B. Current Requirements for All Aircraft
    1. Advance Notice of Arrival
    a. Private Aircraft Arriving in the U.S.
    b. Certain Aircraft Arriving From Areas South of the U.S.
    c. Aircraft Arriving From Cuba
    2. Permission to Land (Landing Rights)
    C. Current Requirements for Commercial Aircraft
III. Proposed Requirements
    A. General Requirements for Private Aircraft Arriving in the 
United States
    1. Notice of Arrival
    2. Arrival Manifest Data Requirement
    3. Method of Transmitting Information to CBP
    B. Certain Aircraft Arriving From Areas South of the United 
States
    C. Notice of Arrival for Private Aircraft Arriving From Cuba
    D. Private Aircraft Departing the United States
    1. Departure Manifest Data Requirement
    2. Notice of Departure
    3. Aircraft Required to Clear
    E. Landing Rights
    1. Landing Rights Airports
    2. Aircraft Required to Land
IV. Regulatory Analyses
    A. Executive Order 12866 (Regulatory Planning and Review)
    B. Regulatory Flexibility Act
    C. Unfunded Mandates Reform Act
    D. Executive Order 13132 (Federalism)
    E. Executive Order 12988 (Civil Justice Reform)
    F. National Environmental Policy Act
    G. Paperwork Reduction Act
    H. Privacy Statement
V. Signing Authority
VI. Proposed Regulatory Amendments

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of the 
notice of proposed rulemaking. The Department of Homeland Security 
(DHS) also invites comments that relate to the economic, environmental, 
or federalism effects that might result from this proposal. Comments 
that will provide the most assistance to the Department in developing 
these procedures will reference a specific portion of the proposed 
rule, explain the reason for any recommended change, and include data, 
information, or authority that support such recommended change.

II. Background and Current Requirements

 A. Background and Authorities

    Pursuant to 19 U.S.C. 1433(c), the Secretary of Homeland Security 
has broad authority to regulate all aircraft, including private 
aircraft, arriving in and departing from the United States. A private 
aircraft, in contrast to a commercial aircraft,\1\ is generally any 
aircraft engaged in a personal or business flight to or from the United 
States which is not carrying passengers and/or cargo for commercial 
purposes. See 19 CFR 122.1(h). Specifically, section 1433(c) provides 
that the pilot of any aircraft arriving in the United States or the 
Virgin Islands from any foreign

[[Page 53395]]

location is required to comply with such advance notification, arrival 
reporting, and landing requirements as regulations may require. This 
statute provides CBP with the authority to deny landing rights to 
aircraft within the United States based on security and/or risk 
assessments, or based on those assessments to specifically designate 
and limit the airports where aircraft may land. In addition, under the 
statute (19 U.S.C. 1433(d)), an aircraft pilot is required to present 
or transmit to CBP through an electronic interchange system such 
information, data, documents, papers or manifests as the regulations 
may require. Section 1433(e) provides, among other things, that 
aircraft after arriving in the United States or Virgin Islands may only 
depart from the airport in accordance with regulations prescribed by 
the Secretary. Additionally, pursuant to 19 U.S.C. 1644a and 1644, the 
Secretary can designate ports of entry for aircraft and apply vessel 
entry and clearance regulations to civil aviation.
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    \1\ 19 CFR 122.1(d) defines ``commercial aircraft'' as any 
aircraft transporting passengers and/or cargo for some payment or 
other consideration, including money or services rendered. It should 
be noted that if either the arrival or departure leg of an 
aircraft's journey is commercial, then CBP considers both legs of 
the journey to be commercial. 19 CFR 122.1(h) defines a private 
aircraft as any aircraft engaged in a personal or business flight to 
or from the U.S. which is not: (1) Carrying passengers and/or cargo 
for commercial purposes; or (2) leaving the U.S. carrying neither 
passengers nor cargo in order to lade passengers and/or cargo in a 
foreign area for commercial purposes; or (3) returning to the U.S. 
carrying neither passengers nor cargo in ballast after leaving with 
passengers and/or cargo for commercial purposes.
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B. Current Requirements for All Aircraft

1. Advance Notice of Arrival
    DHS currently requires aircraft pilots of all aircraft entering the 
United States from a foreign area, except aircraft of a scheduled 
airline arriving under a regular schedule, to give advance notice of 
arrival. See 19 CFR 122.31(a). Advance notice of arrival must be 
furnished by the pilot of the aircraft and is generally given when the 
aircraft is in the air. As described below, the regulations set forth 
the general rule for advance notice of arrival for private aircraft and 
specific requirements for certain aircraft arriving from areas south of 
the United States, including aircraft from Cuba.
a. Private Aircraft Arriving in the United States
    Pursuant to 19 CFR 122.22, private aircraft, except those arriving 
from areas south of the United States (discussed below), are required 
to give advance notice of arrival as set forth in 19 CFR 122.31. This 
notice must be given to the port director at the place of first landing 
by radio, telephone, or other method, or through the Federal Aviation 
Administration (FAA)'s flight notification procedure. 19 CFR 122.31(c). 
The advance notice of arrival requires information about the number of 
alien passengers and number of U.S. citizen passengers, but it does not 
require any identifying information for individual passengers onboard 
to be submitted.\2\ The current regulations do not provide a specific 
timeframe when the notice of arrival shall be given, but direct that 
the pilot shall furnish such information far enough in advance to allow 
inspecting officers to reach the place of first landing of the 
aircraft. 19 CFR 122.31(e).
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    \2\ 19 CFR 122.31 provides that the contents of advance notice 
of arrival shall include the following information: (1) Type of 
aircraft and registration number; (2) name of aircraft commander; 
(3) place of last foreign departure; (4) international airport of 
intended landing or other place at which landing has been authorized 
by CBP; (5) number of alien passengers; (6) number of citizens 
passengers; and (7) estimated time of arrival.
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b. Certain Aircraft Arriving From Areas South of the United States
    Certain aircraft entering the continental United States from a 
foreign area in the Western Hemisphere south of the United States are 
subject to special advance notice of arrival and landing requirements. 
19 CFR 122.23-24. These aircraft include all private aircraft and 
commercial unscheduled aircraft with a seating capacity of 30 
passengers or less or maximum payload capacity of 7,500 pounds or less. 
Pursuant to 19 CFR 122.23(b), such aircraft are required to give 
advance notice of arrival to CBP at the nearest designated airport to 
the border or coastline crossing point listed in 19 CFR 122.24(b). 
These aircraft must also provide advance notice of arrival at least one 
hour before crossing the U.S. coastline or border. 19 CFR 122.23(b). 
The pilot may provide advance notice of arrival for these aircraft by 
radio, telephone, or other method, or through the FAA flight 
notification procedure. The advance notice of arrival for such aircraft 
arriving from areas south of the United States must include the 
information listed in 19 CFR 122.23(c).\3\ Aircraft arriving from areas 
south of the United States that are subject to the requirements of 19 
CFR 122.23 are required to land at designated airports listed in 19 CFR 
122.24(b), unless CBP grants an exemption from the special landing 
requirement.\4\
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    \3\ Section 122.23(c) provides that the contents of the advance 
notice of arrival shall include the following: (1) Aircraft 
registration number; (2) name of aircraft commander; (3) number of 
U.S. citizen passengers; (4) number of alien passengers; (5) place 
of last departure; (6) estimated time and location of crossing U.S. 
border/coastline; (7) estimated time of arrival; and (8) name of 
intended U.S. airport of first landing, as listed in Sec.  122.24, 
unless an exemption has been granted under Sec.  122.25, or the 
aircraft has not landed in foreign territory or is arriving directly 
from Puerto Rico, or the aircraft was inspected by CBP officers in 
the U.S. Virgin Islands.
    \4\ 19 CFR 122.25 sets forth the procedures concerning exemption 
from special landing requirements--known as an overflight privilege.
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c. Aircraft Arriving From Cuba
    The current regulations require private aircraft entering the 
United States from Cuba, except for public aircraft,\5\ to give advance 
notice of arrival at least one hour before crossing the U.S. border or 
coastline. 19 CFR 122.152 and 122.154. This notice must be furnished 
either directly to the CBP Officer in charge at the relevant airport 
listed in 19 CFR 122.154(b)(2), or through the FAA flight notification 
procedure. The advance notice of arrival for aircraft from Cuba must 
include the information listed in 19 CFR 122.154(c).\6\
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    \5\ 19 CFR 122.1(i) defines ``public aircraft'' as any aircraft 
owned by, or under the complete control and management of the U.S. 
government or any of its agencies, or any aircraft owned by or under 
the complete control and management of any foreign government which 
exempts public aircraft of the U.S. from arrival, entry and 
clearance requirements similar to those provided in subpart C of 
this part, but not including any government-owned aircraft engaged 
in carrying persons or property for commercial purposes.
    \6\ 19 CFR 122.154(c) provides that the contents of advance 
notice of arrival shall state: (1) Type of aircraft and registration 
number; (2) name of aircraft commander; (3) number of U.S. citizen 
passengers; (4) number of alien passengers; (5) place of last 
foreign departure; (6) estimated time and location of crossing the 
U.S. coast or border; and (7) estimated time of arrival.
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2. Permission to Land (Landing Rights)
    The current regulations require the owner or operator of any 
aircraft, including a private aircraft, arriving at a landing rights 
airport or user fee airport to request permission to land--known as 
landing rights--from CBP (19 CFR 122.14(a) and 122.15(a)). A ``landing 
rights airport'' is defined as any airport, other than an international 
airport or user fee airport, at which flights from a foreign area are 
given permission by CBP to land. See 19 CFR 122.1(f). A ``user fee 
airport'' is defined as an airport so designated by CBP and flights 
from a foreign area may be granted permission to land at a user fee 
airport rather than at an international airport or a landing rights 
airport. See 19 CFR 122.1(m). An informational listing of user fee 
airports is contained in Sec.  122.15. Permission to land must be 
secured from the director of the port, or his representative, at the 
port nearest the first place of landing for both landing rights 
airports and user fee airports. However, the current regulations do not 
set forth a precise application procedure or timeframe for securing 
permission to land.

C. Current Requirements for Commercial Aircraft

    In contrast to private aircraft, commercial air carriers are 
required to

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electronically transmit passenger arrival manifests to CBP no later 
than 15 \7\ minutes (19 CFR 122.75a(b)(2)) after the departure of the 
aircraft from any place outside the United States (19 CFR 
122.49a(b)(2)) and passenger departure manifests no later than 15 
minutes prior to departure of the aircraft from the United States. 
Manifests for crew members on passenger flights and all-cargo flights 
and manifests for non-crew members on all-cargo flights must be 
electronically transmitted to CBP no later than 60 minutes prior to the 
departure of any covered flight to, continuing within, or overflying 
the United States (19 CFR 122.49b(b)(2)) and no later than 60 minutes 
prior to the departure of any covered flight from the United States. 19 
CFR 122.75b(b)(2).
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    \7\ CBP published a final rule in the Federal Register on August 
23, 2007 (72 FR 48320), which amends its regulations regarding the 
electronic transmission of manifest data by commercial air carriers 
bound for and departing the United States, to require the APIS 
transmission 30 minutes prior to securing of the aircraft doors 
(APIS 30 interactive and non-interactive) and up to the time the 
aircraft doors are secured for APIS Quick Query (AQQ) transmissions. 
This rule takes effect February 19, 2008.
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    Commercial air carriers transmit passenger information to CBP 
through the Advance Passenger Information System (APIS) which is an 
electronic data interchange system \8\ approved by DHS for use by 
international commercial air and vessel carriers. By receiving the 
advance passenger and crew information, CBP is able to perform 
enforcement and security queries against various multi-agency law 
enforcement and terrorist databases in connection with international 
flights to and from the United States. Based on the manifest reporting 
requirements for commercial air carriers, CBP currently has the 
capability to review advance information on commercial air travelers to 
assess potential risks.
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    \8\ A DHS-approved electronic data interchange system is any 
electronic system that is approved by DHS that allows the public to 
interface with DHS for the purposes of transmitting required 
information. CBP anticipates that most transmissions will be made 
using eAPIS which is an example of such an application and is an 
application that is available through the internet. The pilot may 
choose to authorize an agent to transmit the data if internet access 
is not available at the pilot's location or for other reasons of 
convenience. The pilot remains responsible for the timing and 
accuracy of the transmission.
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    This proposed rule allows for a risk assessment of all private 
aircraft traveling internationally and will aid CBP in obtaining 
advance information so that risk analyses may be conducted before the 
departure of private aircraft bound for or departing the United States 
in an effort to improve border security. This rule serves to provide 
the nation, private aircraft operators, and the international traveling 
public, additional security from the threat of terrorism and enhance 
CBP's ability to carry out its border enforcement mission.

III. Proposed Requirements

    Private aircraft operators currently do not electronically transmit 
to CBP advance notice of arrival through an approved electronic data 
interchange system. In addition, private aircraft, unlike commercial 
aircraft, are not presently required to electronically transmit 
passenger arrival and departure manifests that provide identifying 
information for individuals onboard the aircraft before arriving in or 
departing from the United States. CBP regulations do not contain 
precise procedures for a private aircraft operator to follow to request 
permission to land at landing rights airports. Private aircraft 
operators are also currently not required to provide notice of 
departure or obtain clearance prior to departing the United States.
    Accordingly, CBP's current regulations do not provide CBP with the 
necessary information to fully assess potential threats posed by 
private aircraft entering into and departing from the United States. To 
adequately and accurately assess potential threats posed by private 
aircraft entering and departing the United States, CBP needs sufficient 
and timely information about the impending arrival or departure of a 
private aircraft, the passengers and crew onboard, and clear procedures 
regarding landing rights and departure clearance. Without these tools, 
CBP currently lacks the capability to perform risk assessments on 
passengers traveling on private aircraft.
    Under this rule, CBP is proposing regulatory changes that include 
requiring the advance electronic information of notice of arrival 
combined with passenger manifest data for those aboard private aircraft 
that arrive in and depart from the United States. Additionally, this 
rule proposes amendments regarding notice of arrival requirements, 
landing rights, and departure requirements.
    The proposed changes would provide CBP with more detailed 
information about arriving and departing private aircraft and persons 
onboard within a timeframe that would enable CBP to more fully pre-
screen information on all individuals intending to travel onboard 
private aircraft to or from the United States. As a result, CBP would 
more accurately assess the risks that certain flights may pose to 
national security and take appropriate action. Moreover, these changes 
would enable CBP to minimize potential threats posed by private 
aircraft by identifying high-risk individuals and aircraft and allowing 
CBP to coordinate with airport personnel and domestic or foreign 
government authorities to take appropriate action when warranted by a 
threat.

A. General Requirements for Private Aircraft Arriving in the United 
States

    This rule proposes to add new passenger manifest and departure 
requirements and to revise existing notice of arrival and landing 
rights requirements for private aircraft arriving in the United States 
from a foreign location or departing the United States to a foreign 
location.
1. Notice of Arrival
    This NPRM proposes to require pilots of private aircraft arriving 
in the United States from a foreign port or location to transmit notice 
of arrival information to CBP through a CBP-approved electronic data 
interchange system no later than 60 minutes prior to departure from a 
foreign port or location. ``Departure'' would be defined as ``the point 
at which the aircraft is airborne and the aircraft is en route directly 
to its destination.'' See proposed Sec.  122.22(a). Under this proposed 
rule, aircraft that are not originally destined for the United States 
but are diverted to the United States due to an emergency would be 
required to transmit an arrival manifest no later than 30 minutes prior 
to arrival, although the circumstances of the emergency situation and 
whether or not the aircraft is equipped to make the transmission will 
be taken into consideration by CBP.
    This NPRM also proposes expanding the data elements that private 
aircraft operators are required to report in the notice of arrival. The 
current contents of notice of arrival reporting for private aircraft 
require that the following data elements be submitted by telephone, 
radio or other method: type of aircraft and registration number, name 
of aircraft commander, place of last foreign departure, international 
airport or intended landing or other place at which landing has been 
authorized by CBP, number of alien passengers, number of citizen 
passengers and estimated time of arrival. This rule proposes to clarify 
the existing notice of arrival reporting requirements for private 
aircraft by duplicating the data elements provided in 19 CFR 122.31, 
which apply to all aircraft (including private aircraft), into 19 CFR 
122.22, which applies specifically to private aircraft. This NPRM also 
proposes to

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expand the data elements for notice of arrival regarding private 
aircraft. The proposed data elements for notice of arrival report 
include the following: aircraft registration number, decal number, 
place of last departure, aircraft tail number, aircraft call sign, 
aircraft type, date of aircraft arrival, complete itinerary, estimated 
time of arrival, estimated time and location of crossing the U.S. 
border/coastline, name of intended airport of first landing, owner/
lessee name and address, pilot license number, pilot address, country 
of issuance of pilot's license, transponder code, color, operator name 
and address, and 24-hour point of contact.
2. Arrival Manifest Data Requirement
    This NPRM proposes that private aircraft pilots arriving in the 
United States would be responsible for submitting manifest data that 
provides identifying information for all individuals on board the 
aircraft no later than 60 minutes prior to departure from a foreign 
port or location. This manifest data would be provided simultaneously 
with the notice of arrival information and would include the following 
information for all individuals onboard the aircraft: full name; date 
of birth; gender; citizenship; country of residence; status on board 
the aircraft (i.e., passenger or crew member); travel document type; 
travel document number; travel document country of issuance; travel 
document expiration date; alien registration number, redress number (if 
available),\9\ and address while in the United States.
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    \9\ The redress number is the number assigned by DHS to an 
individual processed through the redress procedures described in 49 
CFR part 1560, subpart C.
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    The pilot collecting the manifest information would be required to 
compare the manifest information with the information on the DHS-
approved travel document presented by each individual attempting to 
travel onboard the aircraft to ensure that the manifest information is 
correct, that the travel document appears to be valid for travel to the 
United States, and the traveler is the person to whom the travel 
document was issued.\10\ If additional passengers not included in the 
manifest arrive after the manifest data was submitted to CBP, the pilot 
would be responsible for submitting a corrected manifest. The pilot 
would be required to await CBP approval of the corrected manifest 
before departing. Additionally, any approval to land at a United States 
airport or location from a foreign port or location that was previously 
granted by CBP as a result of the original manifest's submission would 
be invalidated. If a subsequent manifest is submitted less than 60 
minutes prior to departure, the private aircraft pilot must resubmit 
the arrival manifest and receive approval from CBP for the amended 
manifest containing the added or amended information before allowing 
the aircraft to depart the foreign location, or the aircraft may be, as 
appropriate, denied clearance to depart, diverted from arriving in the 
United States, or denied permission to land in the United States. 
Certain private aircraft may also be subject to the Transportation 
Security Administration (TSA) security and boarding requirements for 
large aircraft including those contained in 49 CFR 1544.
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    \10\ Further information outlining the various types of travel 
documents approved by DHS can be found at: http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/doc_require.ctt/doc_require.pdf.
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3. Method of Transmitting Information to CBP
    Under this proposed rule, both the notice of arrival information 
and manifest data must be transmitted in the same transmission via 
electronic submissions through the Electronic Advance Passenger 
Information System (eAPIS) \11\ Web portal or by a CBP-approved 
alternative transmission medium. More information on eAPIS is available 
at http://www.cbp.gov (related links). Under this proposed rule, any 
electronic data interchange system approved by CBP would be an 
acceptable method for private aircraft to submit notice of arrival 
information and manifest data. The pilot would be responsible for 
submitting this information, but could authorize another party to 
submit the information on his or her behalf. After CBP receives the 
submitted information, DHS would send a message to the submitter of the 
manifest information before departure from a foreign airport indicating 
that the information has been received and specifying whether landing 
rights have been granted at the requested airport, granted at a 
different airport designated by CBP, or denied. There will be a 
transitional period during which the current manual process of 
requesting landing rights will gradually be replaced by this automated 
procedure.
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    \11\ eAPIS is an online transmission system that meets all 
current and future APIS data element requirements for all mandated 
APIS transmission types.
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    A private aircraft pilot who chooses not to transmit required 
arrival manifest data by means of a CBP-approved interactive \12\ 
electronic transmission system would be required to make batch manifest 
transmissions by means of a non-interactive electronic transmission 
system approved by CBP. The private aircraft pilot would make a single, 
complete batch manifest transmission containing all the required 
arrival manifest data for every person on the aircraft.
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    \12\ CBP anticipates that most pilots of private aircraft will 
use the eAPIS web portal as the transmission method of choice 
because of the ease and availability of internet access. Electronic 
EDIFACT transmissions are currently used by commercial carriers to 
transmit passenger data to CBP. Pilots of large business aircraft 
could choose to use this or other CBP-approved electronic 
transmission medium rather than the eAPIS portal.
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    After receipt of the manifest information, as in the case where the 
manifest information is conveyed using a CBP-approved interactive 
electronic transmission system, CBP would perform an initial security 
vetting of the data and grant, deny, or restrict landing rights as 
appropriate.
    Through an analysis of the data provided by the pilot's 
transmission, DHS will be able to identify passengers who are 
designated as selectee or no-fly. This and other information will be 
used in determining whether landing rights or clearance will be 
granted, restricted or denied. DHS is evaluating whether to inform the 
pilot, in the event that CBP denies or restricts landing rights for the 
plane, which passenger(s) has been identified by DHS on the selectee or 
no-fly lists so that the pilot may better understand potential threats 
to the security of the aircraft. In addition, such notification could 
avoid additional flight delays or disruptions by allowing the pilot to 
remove that individual from the flight until such time as the 
individual resolves the selectee or no-fly designation with TSA under 
TSA's redress system. Accordingly, DHS is soliciting public comments on 
the economic costs and benefits of notifying a pilot about an 
individual selectee or no-fly match being aboard the aircraft. DHS is 
also seeking comments on any operational and privacy concerns 
associated with sharing such information.

B. Certain Aircraft Arriving From Areas South of the United States

    This NPRM proposes a new timeframe for reporting notice of arrival, 
which would be no later than 60 minutes prior to the aircraft's 
departure to the United States from a foreign port or location, as 
opposed to 60 minutes before crossing the U.S border as is the current 
requirement. Under this proposed rule, notice of arrival would be 
required, along with manifest data being furnished as set forth in 19 
CFR 122.22 for private aircraft, which requires

[[Page 53398]]

submission of such information to CBP via an electronic data 
interchange system approved by CBP. All other aircraft subject to 19 
CFR 122.23, would be required to report notice of arrival as required 
under that provision.
    This NPRM also proposes to correct a discrepancy between the 
definition of ``private aircraft'' in 19 CFR 122.23, which encompasses 
both private aircraft and, in some instances, small, unscheduled 
commercial aircraft and the general definition provided for ``private 
aircraft'' in 19 CFR 122.1(h). To correct this discrepancy, CBP is 
proposing to revise the heading for 19 CFR 122.23 to read ``Certain 
aircraft arriving from areas south of the U.S.'' Additionally, the 
proposed regulatory text would expressly state the specific types of 
aircraft to which the section applies rather than defining them. These 
proposed amendments to 19 CFR 122.23 would make the section easier for 
the public to understand.

C. Notice of Arrival for Private Aircraft Arriving From Cuba

    This NPRM proposes that private aircraft arriving from Cuba, as 
provided for in 19 CFR 122.154, would be required to provide notice of 
arrival and manifest data in the same manner as private aircraft that 
are subject to proposed 19 CFR 122.22. Private aircraft arriving from 
Cuba would continue to be required to provide notice of arrival 
information to the specifically designated airport where the aircraft 
will land: Miami International Airport, Miami Florida; John F. Kennedy 
International Airport, Jamaica, New York; or Los Angeles International 
Airport, Los Angeles, California.

D. Private Aircraft Departing the United States

1. Departure Manifest Data Requirement
    This NPRM proposes to require the pilot of a private aircraft 
departing the United States to a foreign port or location to submit a 
departure manifest to CBP. Similar to the arrival manifest, the 
departure manifest would contain information identifying all 
individuals onboard the aircraft. The timeframe for submission of the 
departure manifest would be no later than 60 minutes prior to departure 
from the United States to a foreign port or location. This NPRM 
clarifies the pilot's responsibility to ensure that a departure 
manifest regarding all individuals onboard the private aircraft is 
submitted and specifies that the transmission of the manifest data must 
be through any CBP-approved electronic data interchange system. The 
information to be provided in the departure manifest would be the same 
as that provided in the arrival manifest.\13\
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    \13\ Like the arrival manifest, the departure manifest would 
include the following information for all individuals onboard the 
aircraft: Full name; date of birth; gender; citizenship; country of 
residence; status on board the aircraft (i.e., passenger or crew 
member); travel document type; travel document number; travel 
document country of issuance; travel document expiration date; alien 
registration number, redress number if available and address while 
in the United States.
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    Under this proposed rule, the pilot collecting the information 
would be responsible for comparing the travel document presented by 
each individual attempting to travel onboard the aircraft with the DHS-
approved travel document information he or she is transmitting to CBP. 
The pilot would also be responsible for ensuring that the information 
is correct and that the traveler is the person to whom the travel 
document was issued.
    This NPRM clarifies that if a departure manifest is submitted to 
CBP before all individuals arrive for transport, the pilot must 
resubmit an amended manifest with all required information, and any 
clearance previously granted by CBP as a result of the original 
manifest's submission would be invalidated. The pilot would have an 
obligation to make necessary changes to the departure manifest and 
specifies what circumstances would constitute necessary changes (e.g., 
adding a name or any required information or amending previously 
submitted information). If changes are submitted less than 60 minutes 
prior to departure, the pilot would be required to receive a new 
clearance from CBP before departing.
2. Notice of Departure
    This NPRM proposes to require private aircraft leaving the United 
States for a foreign port or location to obtain clearance from CBP 
prior to departing from the United States. Under this proposed rule, 
private aircraft pilots departing for a foreign port or location would 
be required to submit an electronic departure manifest on all 
individuals onboard the aircraft, and notice of departure information 
no later than 60 minutes prior to departure. Notice of departure 
elements would constitute the following information: aircraft 
registration number, type of aircraft, call sign (if available), decal 
number, place of last departure, date of aircraft departure, estimated 
time of departure, estimated time and location of crossing U.S. border/
coastline, name of intended foreign airport of first landing, owner/
lessees name (last, first, and, if available, middle), owner/lessees 
street address (number and street, city, state, zip code, country, 
telephone number, fax number, and e-mail address), pilot/private 
aircraft pilot name (last, first and, if available, middle), pilot 
license number, pilot street address: (number and street, city, state, 
zip code, country, telephone number, fax number and e-mail address), 
country of issuance of pilot's license, operator name (last, first, and 
if available, middle), operator street address: (number and street, 
city, state, zip code, country, telephone number, fax number and e-mail 
address), 24-hour point of contact (e.g., broker, dispatcher, repair 
shop) name, transponder code (beacon number), color, complete itinerary 
(intended foreign airport destinations for 24 hours following 
departure).
3. Aircraft Required To Clear
    The existing regulatory language in 19 CFR 122.61 exempts public 
and private aircraft from leaving the United States for a foreign area 
from having to obtain clearance prior to departing from the United 
States. As such, CBP is proposing to revise paragraph (a) of Sec.  
122.61 to indicate that private aircraft leaving the United States for 
a foreign area are required to obtain clearance from CBP as set forth 
in the language proposed for Sec.  122.26. The paragraph will further 
state that all other aircraft, except public aircraft, leaving the 
United States or the U.S. Virgin Islands are required to clear if they 
carry passengers and/or merchandise for hire or take aboard or 
discharge passengers and/or merchandise for hire in a foreign area. See 
19 CFR 122.61(a) and (b). These proposed changes are necessary to 
effectuate the new requirements regarding the filing of a departure 
manifest and electronic clearance for private aircraft prior to 
departure for a foreign port or place.
    The process of receiving electronic clearance to depart would 
operate in substantially the same manner as submission of an arrival 
data manifest. Prior to departing the United States, a private aircraft 
pilot would submit departure manifest data on all individuals onboard 
the aircraft, await CBP's confirmation of receipt of the manifest data, 
and await CBP clearance to depart the United States. CBP's clearance, 
i.e., permission to depart the United States, would be transmitted to 
the pilot from CBP via an electronic data interchange system approved 
by CBP.
    As with the transmission of arrival data manifests, a private 
aircraft pilot that chooses not to transmit required notice of 
departure, departure manifests by means of a CBP-approved interactive

[[Page 53399]]

electronic transmission system must make batch manifest transmissions 
in accordance with CBP policy as discussed earlier in section III.A.3., 
entitled ``Method of Transmitting Information to CBP.''

E. Landing Rights

    CBP currently requires all aircraft arriving at a landing rights 
airport to request permission to land, known as landing rights, from 
CBP. Given CBP's authority to deny landing rights within the United 
States and to restrict landing to airports designated by CBP,\14\ this 
NPRM proposes to expressly state CBP's authority to deny permission to 
land in the United States and/or limit aircraft landing locations.
---------------------------------------------------------------------------

    \14\ See 19 U.S.C. 1433(c) and 1644a(b)(1)(A).
---------------------------------------------------------------------------

1. Landing Rights Airports
    The current provisions of 19 CFR 122.14 do not adequately provide 
for when or how the request for permission to land at a landing rights 
airport should be given to the director of the port of entry or station 
nearest the first place of landing. Under this proposed rule, private 
aircraft pilots would seek permission to land at a landing rights 
airport when the notice of arrival information is transmitted via a CBP 
approved electronic data interchange system no later than 60 minutes 
prior to departure from a foreign port or place pursuant to the 
proposed language in 19 CFR 122.22. The pilot would then be required to 
wait for CBP to transmit a message that landing rights have been 
granted at the particular landing rights airport. These requirements 
would also apply to private aircraft landing at user fee airports 
pursuant to 19 CFR 122.15. This proposed rule would also expressly 
provide that CBP may deny landing rights or direct an aircraft to a 
landing location.
2. Aircraft Required To Land
    This NPRM proposes to clarify CBP's authority to deny permission to 
land in the United States and to designate the specific locations at 
which unusually high-risk aircraft may land. Currently under 19 CFR 
122.32, any aircraft that is coming into the United States from a 
foreign location (including Puerto Rico) must land unless exempted by 
the Federal Aviation Administration. This proposed rule would expressly 
provide that CBP's authority to deny permission to land in the United 
States, in addition to the current FAA exemption excusing the 
requirement to land, as the two exclusive reasons that an aircraft 
coming into the United States from a foreign area shall not land in the 
United States.

IV. Regulatory Analyses

A. Executive Order 12866 (Regulatory Planning and Review)

    This proposed rule is not ``economically significant'' under 
Executive Order 12866 because it will not result in the expenditure of 
more than $100 million in any one year. The Office of Management and 
Budget (OMB) has reviewed this rule under that Order. Comments 
regarding the analysis may be submitted by any of the methods described 
under the ADDRESSES section of this document.
    Currently, pilots of private aircraft must submit information 
regarding themselves, their aircraft, and any passengers prior to 
arrival into the United States from a foreign airport. Depending on the 
location of the foreign airport, the pilot provides the arrival 
information 1 hour prior to crossing the U.S. coastline or border 
(areas south of the United States) or during the flight (other areas). 
The information that would be required for the pilot is similar to what 
is already required; it would need to be submitted earlier (60 minutes 
prior to departure). No notice of departure information is currently 
required for private aircraft departing the United States for a foreign 
airport.
    CBP estimates that 138,559 private aircraft landed in the United 
States in 2006 based on current notice of arrival data. These aircraft 
collectively carried 455,324 passengers; including the 138,559 pilots 
of the aircraft, this totals 593,883 individuals arriving in the United 
States aboard private aircraft. CBP estimates that approximately two-
thirds are U.S. citizens and the remaining one-third is comprised of 
non-U.S. citizens.
    Table 1 summarizes the 2006 arrival information for the top 
airports in the United States that receive private aircraft from 
foreign airports. Fort Lauderdale received the most arrivals, with 
nearly 10 percent of the U.S. private aircraft arrivals. The top 18 
airports received approximately 60 percent of the total. As shown, the 
average number of passengers per arrival varies by port; JFK has the 
highest passengers per arrival (4.7) while Bellingham, Washington, has 
the lowest (1.4). Nationwide, the average number of passengers carried 
per arrival is 3.3.

                   Table 1.--Summary of Arrivals and Passengers Aboard Private Aircraft (2006)
----------------------------------------------------------------------------------------------------------------
                                                                                    Percent of        Average
             Airport              Aircraft/pilot    Percent of       Passenger         total        passengers
                                     arrivals     total aircraft     arrivals       passengers      per arrival
----------------------------------------------------------------------------------------------------------------
Ft. Lauderdale Intl. Airport, FL          12,831               9          37,848              8%             2.9
West Palm Beach, FL.............           9,031               7          25,109               6             2.8
New York-Newark, Newark, NJ.....           6,464               5          29,779               7             4.6
Miami Airport, FL...............           5,676               4          17,596               4             3.1
Fort Pierce, FL.................           5,216               4          11,376               2             2.2
Otay Mesa, CA...................           4,944               4          18,216               4             3.7
San Juan, PR....................           4,090               3          10,821               2             2.6
Hidalgo, TX.....................           3,827               3           8,647               2             2.3
Calexico, CA....................           3,597               3           7,963               2             2.2
JFK Airport, NY.................           3,497               3          16,492               4             4.7
Laredo, TX......................           3,280               2          10,974               2             3.3
Tucson, AZ......................           3,013               2           9,059               2             3.0
El Paso, TX.....................           2,548               2           9,544               2             3.7
Houston/Galveston, TX...........           2,534               2          10,850               2             4.3
Seattle, WA.....................           2,529               2           6,238               1             2.5
Brownsville, TX.................           2,303               2           7,027               2             3.1
San Antonio, TX.................           2,185               2           8,520               2             3.9
Bellingham, WA..................           2,160               2           3,106               1             1.4
Remaining 223 airports..........          58,834              42         206,159              45             3.5
                                 -------------------------------------------------------------------------------

[[Page 53400]]

 
    Total.......................         138,559             100         455,324             100             3.3
----------------------------------------------------------------------------------------------------------------

    CBP does not currently compile data for departures, as there are 
currently no requirements for private aircraft departing the United 
States. For this analysis, we assume that the number of departures is 
the same as the number of arrivals.
    Thus, we estimate that 140,000 private aircraft arrivals and 
140,000 departures will be affected annually as a result of the rule. 
While the current data elements for pilots are very similar to the 
proposed requirements, the data elements for passengers are more 
extensive. Based on the current information collected and accounting 
for proposed changes in the data elements, CBP estimates that one 
submission, which includes the arrival information and the passenger 
manifest data, will require 15 minutes of time (0.25 hours) for the 
pilot to complete. Additionally, CBP estimates that it will require 
each of the 460,000 passengers 1 minute (0.017 hours) to provide the 
required data to the pilot. These data are all contained on a 
passenger's passport or alien registration card and are thus simple to 
provide to the pilot.
    Currently, arrival information is submitted by radio, telephone, or 
other method, or through the FAA's flight notification procedure. Under 
the proposed requirements, pilots must submit the arrival and passenger 
data through the eAPIS web portal, electronic EDIFACT transmissions, or 
an approved alternative transmission medium. For this analysis, we 
assume that pilots will use the eAPIS system, as it is a user-friendly 
and costless method to submit the required data elements to CBP, and 
the pilot need only have access to a computer with web capabilities to 
access the system. We also assume that pilots will have access to a 
computer and the internet to make the electronic submission. This 
analysis in no way precludes a private aircraft operator from 
implementing another approved method of transmission; however, we 
believe that most pilots, particularly those not traveling for 
business, will choose to submit the required data through the least-
cost option: eAPIS.
    Currently, private aircraft arriving from areas south of the United 
States must provide advance notice of arrival at least one hour before 
crossing the U.S. coastline or border. There are no such timing 
requirements for other areas. Thus, some pilots and their passengers 
may decide that in order to comply with the new requirements, including 
submitting information through eAPIS and waiting for a response from 
CBP, they must convene at the airport earlier than they customarily 
would. We do not have any information on how many, if any, pilots or 
passengers would need to change their practices. For this analysis, we 
assume that 50 percent of the pilots and passengers would need to 
arrive 15 minutes (0.25 hours) earlier than customary. This would 
result in 70,000 affected pilots (140,000 arrivals * 0.5) and 231,000 
affected passengers (70,000 arrivals * 3.3 passengers per arrival) for 
a total of 301,000 individuals affected.
    To estimate the costs associated with the time required to input 
data into eAPIS, we use the value of an hour of time as reported in the 
Federal Aviation Administration's (FAA) document on critical values, 
$37.20.\15\ This represents a weighted cost for business and leisure 
general aviation travelers. CBP believes this is a reasonable 
approximation of the average value of a pilot's and traveler's time. 
However since this estimate may be an underestimate of the value of 
time for general aviation passengers and pilot's engaged in 
international travel, CBP requests comments on this estimate.
---------------------------------------------------------------------------

    \15\ Federal Aviation Administration, 2005. Economic Values for 
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA, 
Inc. July 3, 2007. Table ES-1. Per the instructions of this guidance 
document (see pages 1-1 and 1-3), this estimate has not been 
adjusted for inflation.
---------------------------------------------------------------------------

    The cost to submit advance notice of arrival data through eAPIS 
would be approximately $1.3 million (140,000 arrivals * 0.25 hours * 
$37.20 per hour). Similarly, costs to submit advance notice of 
departure data would be $1.3 million, for a total cost for pilots to 
submit the required data elements of $2.6 million annually. The cost 
for passengers to provide the data to the pilot to be entered into 
eAPIS would be approximately $570,000 (920,000 arrivals and departures 
* 0.017 hours * $37.20 per hour). Total costs for the eAPIS submissions 
would be $3.2 million annually.
    To estimate the costs of arriving earlier than customary, we again 
use the value of time of $37.20 per hour. As noted previously, we 
assume that 301,000 pilots and passengers may choose to arrive 0.25 
hours earlier than customary. This would result in a cost of 
approximately $2.8 million for arrivals and $2.8 million for 
departures, a total of $5.6 million annually (301,000 individuals * 
0.25 hours * $37.20 per hour * 2).
    Additionally, CBP estimates the potential costs to resolve issues 
with passengers that have been designated as ``No Fly'' based on the 
eAPIS process. While a law enforcement response is not required under 
this proposed rule, CBP estimates the costs for such a response in 
order to avoid underestimating the costs of this rule. For the purposes 
of this analysis, CBP estimates that on two occasions annually, a 
general aviation flight has a passenger that is designated ``No Fly,'' 
but through the resolution process is downgraded from ``No Fly'' and 
the entire traveling party continues on their flight. CBP assumes that 
four individuals (the pilot plus three passengers) would be affected by 
a one-hour delay to resolve the no-fly designation. CBP also assumes 
the resolution process will require 1 hour of law enforcement time at a 
TSA-estimated cost of $62.43 per hour. The total annual costs for these 
incidents would be approximately $422 [(four individuals * $37.20 * 1 
hour + 1 individual * $62.43 * 1 hour) * two incidents].
    CBP also estimates the potential costs for pilots and passengers 
who may be denied landing rights as a result of their eAPIS submission. 
For the purposes of this analysis, CBP estimates that once per year, a 
general aviation flight is denied landing rights. CBP again assumes 
that four individuals (the pilot plus three passengers) will be 
affected, but that the delay will be eight hours to coordinate a law 
enforcement response. CBP assumes that four law enforcement personnel 
will be involved in the investigation. The total annual costs for this 
incident would be approximately $3,188 [(four individuals * $37.20 * 8 
hours + 4 individuals * $62.43 * 8 hours) * one incident]. CBP is 
seeking comment on the assumptions made for these incident responses.

[[Page 53401]]

    The total annual cost of the proposed rule is expected to be $8.8 
million. Over 10 years, this would total a present value cost of $66.0 
million at a 7 percent discount rate ($77.1 million at a 3 percent 
discount rate).
    The primary impetus of this rule is the security benefit afforded 
by a more timely submission of APIS information. Ideally, the 
quantification and monetization of the beneficial security effects of 
this regulation would involve two steps. First, we would estimate the 
reduction in the probability of a successful terrorist attack resulting 
from implementation of the regulation and the consequences of the 
avoided event (collectively, the risk associated with a potential 
terrorist attack). Then we would identify individuals' willingness to 
pay for this incremental risk reduction and multiply it by the 
population experiencing the benefit. Both of these steps, however, rely 
on key data that are not available for this rule.
    In light of these limitations, we conduct a ``breakeven'' analysis 
to determine what change in the reduction of risk would be necessary in 
order for the benefits of the rule to exceed the costs. Because the 
types of attack that could be prevented vary widely in their intensity 
and effects, we present a range of potential losses that are driven by 
casualty estimates and asset destruction. For example, the average 
general aviation aircraft is 3,384 pounds and carries an average of a 
little over four people (1 pilot and 3 passengers).\16\ Some general 
aviation aircraft, however, are much larger and carry many more people 
and thus could have potentially higher casualty losses and property 
damages in the event of an incident. We use two estimates of a Value of 
a Statistical Life (VSL) to represent an individual's willingness to 
pay to avoid a fatality onboard an aircraft, based on economic studies 
of the value individuals place on small changes in risk: $3 million per 
VSL and $6 million per VSL.
---------------------------------------------------------------------------

    \16\ Federal Aviation Administration. 2005. Economic Values for 
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA, 
Inc. July 3, 2007. Table ES-1.
---------------------------------------------------------------------------

    Additionally, we present four attack scenarios. Scenario 1 explores 
a situation where only individuals are lost (no destruction of physical 
property). In this scenario, we estimate the losses if an attack 
resulted in 4 (average number of people on a general aviation 
aircraft--one pilot, three passengers) to 1,000 casualties but no loss 
of physical capital. We acknowledge that this scenario is not 
necessarily realistic because an attack that would result in 1,000 
casualties would almost certainly also result in loss of physical 
assets; however, this scenario provides a useful high end for the risk 
reduction probabilities required for the rule to break even.
    Scenario 2 explores a situation where individuals are lost and a 
lower-value aircraft is destroyed. The value of the aircraft lost, 
$94,661, is based on the value from the FAA critical values study cited 
previously.\17\ This value is for an aircraft built prior to 1982, 
which is a substantial proportion (75 percent) of the general aviation 
fleet of aircraft.\18\ Scenario 3 explores a situation where 
individuals are lost and a higher-value aircraft is destroyed. The 
value of the aircraft lost is $1,817,062 (aircraft built in 1982 and 
later).
---------------------------------------------------------------------------

    \17\ Federal Aviation Administration. 2005. Economic Values for 
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA, 
Inc. July 3, 2007. Table ES-1. This estimate has not been adjusted 
for inflation.
    \18\ Federal Aviation Administration. 2005. Economic Values for 
FAA Investment and Regulatory Decisions, A Guide. Prepared by GRA, 
Inc. July 3, 2007. Table 3-14.
---------------------------------------------------------------------------

    Scenario 4 explores a situation where individuals are lost and 
substantial destruction of physical capital is incurred. In this 
scenario we again estimate individual lives lost but now consider a 
massive loss of physical capital (the 9/11 attack is an example of such 
an event).
    Casualties are again estimated as before using the two VSL 
estimates. To value the loss of capital assets, we use a report from 
the Comptroller of the City of New York that estimated $21.8 billion in 
physical capital destruction as a result of the 9/11 attacks on the 
World Trade Center.\19\ This report also estimates the ``ripple 
effects'' of the attack--the air traffic shutdown, lost tourism in New 
York City, and long-term economic impacts; however, we do not compare 
these secondary impacts to the direct costs of the rule estimated 
previously because we do not know the extent to which these losses are 
transfers versus real economic losses. In this analysis we compare 
direct costs to direct benefits to estimate the risk reduction required 
for the rule to break even.
---------------------------------------------------------------------------

    \19\ Thompson, Jr., William C. Comptroller, City of New York. 
``One Year Later: The Fiscal Impact of 9/11 on New York City.'' 
September 4, 2002.
---------------------------------------------------------------------------

    Again, the impacts in these scenarios would be driven largely by 
the number of people aboard the aircraft and the size of the aircraft.
    The annual risk reductions required for the proposed rule to break 
even are presented in Table 2 for the four attack scenarios, the two 
estimates of VSL, and a range of casualties. As shown, depending on the 
attack scenario, the VSL, and the casualty level, risk would have to be 
reduced less than 1 percent (Scenario 4, 1,000 casualties avoided) to 
73.1 percent (Scenario 1, 4 casualties avoided) in order for the 
benefits of the rule to exceed the costs to break even.

                  Table 2.--Annual Risk Reduction Required (%) for Net Costs to Equal Benefits
                                     [Annualized at 7 percent over 10 years]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Scenario 4:
                                                                    Scenario 2:     Scenario 3:    loss of life
                                                    Scenario 1:    loss of life    loss of life         and
               Casualties avoided                  loss of life    and aircraft    and aircraft    catastrophic
                                                       only         (low value)    (high value)       loss of
                                                                                                     property
----------------------------------------------------------------------------------------------------------------
$3M VSL:
    4...........................................            73.1            72.6            63.5              <1
    10..........................................            29.3            29.2            27.6              <1
    100.........................................             2.9             2.9             2.9              <1
    1,000.......................................             0.3             0.3             0.3              <1
$6M VSL:
    4...........................................            36.6            36.4            34.0              <1
    10..........................................            14.6            14.6            14.2              <1
    100.........................................             1.5             1.5             1.5              <1
1,000...........................................             0.1             0.1             0.1              <1
----------------------------------------------------------------------------------------------------------------


[[Page 53402]]

B. Regulatory Flexibility Act

    CBP has prepared this section to examine the impacts of the 
proposed rule on small entities as required by the Regulatory 
Flexibility Act (RFA, See 5 U.S.C. 601-612). A small entity may be a 
small business (defined as any independently owned and operated 
business not dominant in its field that qualifies as a small business 
per the Small Business Act); a small not-for-profit organization; or a 
small governmental jurisdiction (locality with fewer than 50,000 
people).
    When considering the impacts on small entities for the purpose of 
complying with the RFA, CBP consulted the Small Business 
Administration's guidance document for conducting regulatory 
flexibility analysis. Per this guidance, a regulatory flexibility 
analysis is required when an agency determines that the rule will have 
a significant economic impact on a substantial number of small entities 
that are subject to the requirements of the rule. We do not have 
information on the number of pilots and passengers traveling for 
business versus leisure or how many businesses, regardless of size, 
would be affected by the proposed requirements. Those private 
individuals who are flying for leisure, rather than business, would not 
be considered small entities because individuals are not considered 
small entities. Some of the affected pilots and passengers are flying 
for business purposes; however, we do not know if these businesses are 
small entities or not. This rule may thus affect a substantial number 
of small entities.
    In any case, the cost to submit data to CBP through eAPIS would be, 
at most, approximately $50 per submission ($9.30 for the APIS 
submission; $9.30 * 3.3 passengers + $9.30 * 1 pilot for potential 
early arrival). CBP believes such an expense would not rise to the 
level of being a ``significant economic impact.'' We welcome comments 
on our assumptions. If we do not receive comments that demonstrate that 
the rule results in significant economic impacts, we may certify that 
this action does not have a significant economic impact on a 
substantial number of small entities during the final rule.
    Comments regarding the analysis may be submitted by any of the 
methods described under the ADDRESSES section of this document.

C. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 
enacted as Public Law 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year. 
Section 204(a) of the UMRA, 2 U.S.C. 1534(a), requires the Federal 
agency to develop an effective process to permit timely input by 
elected officers (or their designees) of State, local, and tribal 
governments on a ``significant intergovernmental mandate.'' A 
``significant intergovernmental mandate'' under the UMRA is any 
provision in a Federal agency regulation that will impose an 
enforceable duty upon state, local, and tribal governments, in the 
aggregate, of $100 million (adjusted annually for inflation) in any one 
year. This rule would not result in such an expenditure.

D. Executive Order 13132: Federalism

    Executive Order 13132 requires CBP to develop a process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
Policies that have federalism implications are defined in the Executive 
Order to include rules that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' CBP has analyzed the proposed rule in 
accordance with the principles and criteria in the Executive Order and 
have determined that it does not have federalism implications or a 
substantial direct effect on the States. The proposed rule requires 
private aircraft arriving in the United States from a foreign location 
or departing the United States to a foreign port or location to comply 
with notice of arrival requirements, passenger manifest requirements, 
and permission to land at landing rights airports. States do not 
conduct activities with which this rule would interfere. For these 
reasons, this proposed rule would not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement.

E. Executive Order 12988 (Civil Justice Reform)

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988. That Executive Order requires 
agencies to conduct reviews, before proposing legislation or 
promulgating regulations, to determine the impact of those proposals on 
civil justice and potential issues for litigation. The Order requires 
that agencies make reasonable efforts to ensure that a regulation 
clearly identifies preemptive effects, effects on existing Federal laws 
and regulations, any retroactive effects of the proposal, and other 
matters. CBP has determined that this regulation meets the requirements 
of Executive Order 12988 because it does not involve retroactive 
effects, preemptive effects, or other matters addressed in the Order.

F. National Environmental Policy Act

    CBP has evaluated this rule for purposes of the National 
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.). CBP 
has determined that an environmental statement is not required, since 
this action is non-invasive and there is no potential impact of any 
kind. Record of this determination has been placed in the rulemaking 
docket.

G. Paperwork Reduction Act

    There are two proposed collections of information in this document. 
The proposed collection is contained in 19 CFR 122.22. This information 
would be used by CBP to further improve the ability of CBP to identify 
high-risk individuals onboard private aircraft so as to prevent 
terrorist acts and ensure aircraft and airport safety and security. The 
likely respondents and/or record keepers are individuals and 
businesses. Under Sec.  122.22 a private aircraft pilot would be 
required to file an advance arrival manifest on all individuals via an 
electronic data interchange system approved by CBP no later than 60 
minutes prior to the aircraft departing to the United States from a 
foreign port or location. Additionally, a private aircraft pilot would 
be required to file an advance departure manifest on all individuals 
onboard a private aircraft through an electronic data interchange 
system approved by CBP no later than 60 minutes prior to that aircraft 
departing from the United States to a foreign port or location. eAPIS 
is one of several CBP approved electronic data interchange systems that 
private aircraft pilots will use to transmit information about all of 
the individuals aboard an aircraft.
    The collection of information encompassed within this proposed rule 
has been submitted to the OMB for review in accordance with the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). An agency may not 
conduct, and a person is not required to respond to, a collection of 
information unless the collection of information

[[Page 53403]]

displays a valid control number assigned by OMB.
Estimated Burden Requirements for Pilots of Private Aircraft Under 
Sec.  122.22
    Estimated annual reporting and/or recordkeeping burden: 70,000 
hours.
    Estimated average annual burden per respondent/recordkeeper: 30 
minutes (0.50) hours.
    Estimated number of respondents and/or recordkeepers: 140,000.
    Estimated annual frequency of responses: 2.
Estimated Burden Requirements for Passengers
    Estimated annual reporting and/or recordkeeping burden: 7820.
    Estimated reporting burden per respondent/or recordkeeping burden: 
1 minute.
    Estimated number of respondents and/or recordkeepers: 460,000.
    Estimated annual frequency of responses: 1.
    Comments on the collection of information should be sent to the 
Office of Management and Budget, Attention: Desk Officer of the 
Department of Homeland Security, Office of Information and Regulatory 
Affairs, Washington, DC 20503. Comments should be submitted within the 
timeframe that comments are due regarding the substance of the 
proposal.
    Comments are invited on: (a) Whether the collection is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility; (b) the accuracy 
of the agency's estimate of the burden of the collection of the 
information; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology; and (e) estimates of capital or startup costs and costs of 
operations, maintenance, and purchase of services to provide 
information.

H. Privacy Statement

    A Privacy Impact Assessment (PIA) for APIS was updated on August 8, 
2007 and posted on the DHS Web site. In conjunction with the APIS Pre-
departure final rule published in the Federal Register on August 23, 
2007 (72 FR 48320), a System of Records Notice was published in the 
Federal Register on that same date (72 FR 48349). In light of the 
amendments to the regulations proposed in this document, CBP is in the 
process of updating the APIS PIA. Additionally, CBP and the DHS Privacy 
Office are currently reviewing the APIS SORN to determine if any 
amendments are needed to ensure privacy compliance for APIS. 
Accordingly, if it is determined that amendments are necessary, an 
update to the SORN will be published.
    DHS is seeking comment on the privacy impacts of the expansion of 
the population that will be covered by this rule. Presently, the 
Advanced Passenger Information System (APIS) System of Records Notice 
(SORN) published in the Federal Register on August 23, 2007 (72 FR 
48349) would cover this population. The APIS SORN currently covers the 
collection of APIS information in both the commercial and private 
aircraft context. Comments will be considered and addressed in the 
development of this final rule, additionally any updates to the APIS 
SORN required by the rule or DHS's analysis of the comments from this 
NPRM will be incorporated into the APIS SORN prior to the collection of 
personally identifiable information under the rule.

V. Signing Authority

    The signing authority for these amendments falls under 19 CFR 
0.2(a). Accordingly, this document is signed by the Secretary of 
Homeland Security (or his delegate).

VI. Proposed Regulatory Amendments

List of Subjects in 19 CFR Part 122

    Air carriers, Aircraft, Airports, Reporting and recordkeeping 
requirements, Security measures.

Amendments to the Regulations

    For the reasons stated in the preamble, it is proposed to amend 
part 122 of title 19, Code of Federal Regulations (19 CFR part 122) as 
follows:

PART 122--AIR COMMERCE REGULATIONS

    1. The general authority citation for part 122 and the specific 
authority citations for sections 122.12, 122.14, 122.22, 122.23, 
122.24, 122.26, 122.32, 122.61 and 122.154 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.

    2. Revise Sec.  122.0 to read as follows:


Sec.  122.0  Scope.

    (a) Applicability. The regulations in this part relate to the entry 
and clearance of aircraft and the transportation of persons and cargo 
by aircraft, and are applicable to all air commerce. They do not apply 
to Guam, Midway, American Samoa, Wake, Kingman Reef, Johnston Island, 
and other insular possessions of the United States not specified 
herein. They do apply to the U.S. Virgin Islands as stated in subpart N 
(Sec. Sec.  122.41 through 122.144), and Cuba as stated in subpart O 
(Sec. Sec.  122.151 through 122.158).
    (b) Authority of Other Agencies. Nothing in this part is intended 
to divest or diminish authority and operational control that are vested 
in the FAA or any other agency, particularly with respect to airspace 
and aircraft safety.
    3. Amend Sec.  122.12 by revising paragraph (c) to read as follows:


Sec.  122.12  Operation of international airports.

* * * * *
    (c) FAA rules; denial of permission to land.--(1) Federal Aviation 
Administration. International airports must follow and enforce any 
requirements for airport operations, including airport rules that are 
set out by the Federal Aviation Administration in 14 CFR part 91.
    (2) Customs and Border Protection. CBP, based on security or other 
risk assessments, may limit the locations where aircraft entering the 
United States from a foreign port or place may land. Consistent with 
Sec.  122.0(b) of this Title, CBP has the authority to deny permission 
to land in the United States, based upon security or other risk 
assessments.
    (3) Commercial aircraft. Permission to land at an international 
airport may be denied to a commercial aircraft if advance electronic 
information for incoming foreign cargo aboard the aircraft has not been 
received as provided in Sec.  122.48a, except in the case of emergency 
or forced landings.
    (4) Private Aircraft. Permission to land at an international 
airport will be denied if the pilot of a private aircraft arriving from 
a foreign port or place fails to submit an electronic manifest and 
notice of arrival pursuant to Sec.  122.22, except in the case of 
emergency or forced landings.
* * * * *
    4. Revise Sec.  122.14 to read as follows:


Sec.  122.14  Landing rights airports.

    (a) Permission to land. Permission to land at a landing rights 
airport may be given as follows:
    (1) Scheduled flight. The scheduled aircraft of a scheduled airline 
may be allowed to land at a landing rights airport. Permission is given 
by the director of the port, or his representative, at the port nearest 
to which first landing is made.

[[Page 53404]]

    (i) Additional flights, charters or changes in schedule--(A) 
Scheduled aircraft. If a new carrier plans to set up a new flight 
schedule, or an established carrier makes changes in its approved 
schedule, landing rights may be granted by the port director.
    (ii) Additional or charter flight. If a carrier or charter operator 
wants to begin operating or to add flights, application shall be made 
to the port director for landing rights. All requests shall be made not 
less than 48 hours before the intended time of arrival, except in 
emergencies. If the request is oral, it shall be put in writing before 
or at the time of arrival.
    (2) Private aircraft. The pilots of private aircraft are required 
to secure permission to land from CBP following transmission of the 
advance notice of arrival via an electronic data interchange system 
approved by CBP, pursuant to Sec.  122.22. Prior to departure as 
defined in section 122.22(a), from a foreign port or place, the pilot 
of a private aircraft must receive a message from CBP that landing 
rights have been granted for that aircraft at a particular airport.
    (3) Other aircraft. Following advance notice of arrival pursuant to 
Sec.  122.31, all other aircraft may be allowed to land at a landing 
rights airport by the director of the port of entry or station nearest 
the first place of landing.
    (4) Denial or withdrawal of landing rights. Permission to land at a 
landing rights airport may be denied or permanently or temporarily 
withdrawn for any of the following reasons:
    (i) Appropriate and/or sufficient Federal Government personnel are 
not available;
    (ii) Proper inspectional facilities or equipment are not available 
at, or maintained by, the requested airport;
    (iii) The entity requesting the landing rights has a history of 
failing to abide by appropriate instructions given by a CBP officer;
    (iv) Reasonable grounds exist to believe that applicable Federal 
rules and regulations pertaining to safety, including cargo safety and 
security, CBP, or other inspectional activities may not be adhered to;
    (v) The granting of the requested landing rights would not be in 
the best interests of the Government; or
    (vi) CBP has deemed it necessary to deny landing rights to an 
aircraft.
    (5) Appeal of denial or withdrawal of landing rights for commercial 
scheduled aircraft as defined in 122.1(d). In the event landing rights 
are denied or subsequently permanently withdrawn by CBP, within 30 days 
of such decision, the affected party may file a written appeal with the 
Assistant Commissioner, Office of Field Operations, Headquarters.
    (6) Emergency or forced landing. Permission to land is not required 
for an emergency or forced landing (covered under Sec.  122.35).
    (b) Payment of expenses. In the case of an arrival at a location 
outside the limits of a port of entry, the owner, operator or person in 
charge of the aircraft must pay any added charges for inspecting the 
aircraft, passengers, employees and merchandise when landing rights are 
given (see Sec. Sec.  24.17 and 24.22(e) of this chapter).
    5. Revise Sec.  122.22 to read as follows:


Sec.  122.22  Electronic manifest requirement for all individuals 
onboard private aircraft arriving in and departing from the United 
States; notice of arrival and departure information.

    (a) Definitions. For purposes of this section:
    Departure. ``Departure'' means the point at which the aircraft is 
airborne and the aircraft is en route directly to its destination.
    Departure Information. ``Departure Information'' refers to the data 
elements that are required to be electronically submitted to CBP 
pursuant to paragraph (c)(4) of this section.
    Pilot. ``Pilot'' means the individual(s) responsible for operation 
of an aircraft while in flight.
    Travel Document. ``Travel Document'' means U.S. Department of 
Homeland Security approved travel documents.
    United States. ``United States'' means the continental United 
States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of 
the United States.
    (b) Electronic manifest requirement for all individuals onboard 
private aircraft in the U.S.; notice of arrival.
    (1) General requirement. The private aircraft pilot is responsible 
for ensuring the notice of arrival and manifest information regarding 
each individual onboard the aircraft are transmitted to CBP. The pilot 
is responsible for submitting this information, but may authorize 
another party to submit the information on their behalf. All data must 
be transmitted to CBP by means of an electronic data interchange system 
approved by CBP and must set forth the information specified in this 
section. All data pertaining to the notice of arrival for the aircraft 
and the manifest data regarding each individual onboard the aircraft 
must be transmitted at the same time via an electronic data interchange 
system approved by CBP.
    (2) Time for submission. The private aircraft pilot is responsible 
for ensuring that the information specified in paragraphs (b)(3) and 
(b)(4) of this section is transmitted to CBP:
    (i) No later than 60 minutes prior to departure of the aircraft; or
    (ii) For flights not originally destined to the United States but 
diverted to a U.S. port due to an emergency, no later than 30 minutes 
prior to arrival; in cases of non-compliance, CBP will take into 
consideration that the carrier was not equipped to make the 
transmission and the circumstances of the emergency situation.
    (3) Manifest data required. For private aircraft arriving in the 
United States the following identifying information for each individual 
onboard the aircraft must be submitted:
    (i) Full name (last, first, and, if available, middle);
    (ii) Date of birth;
    (iii) Gender (F=female; M=male);
    (iv) Citizenship;
    (v) Country of residence;
    (vi) Status onboard the aircraft;
    (vii) Travel document type (e.g. P=passport; A=alien registration 
card);
    (viii) Passport number, if a passport is required or approved DHS 
travel document;
    (ix) Passport/Travel document country of issuance;
    (x) Passport (or other DHS approved travel document) expiration 
date;
    (xi) Alien registration number, where applicable;
    (xii) Address while in the United States (number and street, city, 
state, and zip code). This information is required for all travelers 
and crew onboard the aircraft;
    (xiii) Redress number, if available.
    (4) Notice of arrival. The advance notice of arrival must include 
the following that applies to the aircraft:
    (i) Aircraft registration number;
    (ii) Type of Aircraft;
    (iii) Call sign (if available);
    (iv) Decal number;
    (v) Place of last departure;
    (vi) Date of aircraft arrival;
    (vii) Estimated time of arrival;
    (viii) Estimated time and location of crossing U.S. border/
coastline;
    (ix) Name of intended U.S. airport of first landing (as listed in 
122.24 if applicable, unless an exemption has been granted under 
122.25, or the aircraft was inspected by CBP Officers in the U.S. 
Virgin Islands);
    (x) Owner/Lessee's name (last, first, and, if available, middle);
    (xii) Owner/Lessee's address (number and street, city, state, zip 
code, country, telephone no., fax no., and e-mail address);
    (xii) Pilot/Private aircraft pilot name;
    (xiii) Pilot license number;
    (xiv) Pilot street address (number and street, city, state, zip 
code, country,

[[Page 53405]]

telephone no., fax no., and e-mail address);
    (xv) Country of issuance of pilot's license;
    (xvi) Operator name (last, first, and if available, middle);
    (xvii) Operator street address (number and street, city, state, zip 
code, country, telephone no., fax no., and e-mail address);
    (xviii) Transponder code (beacon number);
    (xix) Color;
    (xx) Complete Itinerary (foreign airports landed at within past 24 
hours prior to landing in United States);
    (xxi) 24-hour Point of contact (e.g., broker, dispatcher, repair 
shop) name and phone number.
    (5) Reliable facilities. When reliable means for giving notice are 
not available (for example, when departure is from a remote place) a 
landing must be made at a foreign place where notice can be sent prior 
to coming into the United States.
    (6) Permission to depart. Prior to departure from the foreign port 
or place, the pilot of a private aircraft must receive a message from 
DHS approving departure for the United States, or following any 
instructions contained therein prior to departure.
    (7) Changes to manifest. The private aircraft pilot is obligated to 
make necessary changes to the arrival manifest after transmission of 
the manifest to CBP. If changes are necessary, an updated and amended 
manifest must be resubmitted. If a subsequent manifest is submitted 
less than 60 minutes prior to departure, the private aircraft pilot 
must resubmit the arrival manifest and receive approval from CBP for 
the amended manifest containing the added or amended information before 
allowing the aircraft to depart the foreign location, or the aircraft 
may be, as appropriate, denied clearance to depart, diverted from 
arriving in the United States, or denied permission to land in the 
United States. If a subsequent amended manifest is submitted by the 
pilot, any approval to depart the foreign port or location previously 
granted by CBP as a result of the original manifest's submission is 
invalid.
    (c) Electronic manifest requirement for all individuals onboard 
private aircraft departing from the United States; departure 
information.
    (1) General requirement. The private aircraft pilot is responsible 
for ensuring that information regarding private aircraft departing the 
United States, and manifest data for all individuals onboard the 
aircraft is timely transmitted to CBP. The pilot is responsible for 
submitting this information, but may authorize another party to submit 
the information on their behalf. All data must be transmitted to CBP by 
means of an electronic data interchange system approved by CBP, and 
must set forth the information specified in paragraph (c)(3). All data 
pertaining to the aircraft, and all individuals on board the aircraft 
must be transmitted at the same time.
    (2) Time for submission. The private aircraft pilot must transmit 
the electronic data required under paragraphs (c)(3) and (c)(4) of this 
section to CBP no later than 60 minutes prior to departing the United 
States.
    (3) Manifest data required. For private aircraft departing the 
United States the following identifying information for all individuals 
onboard the aircraft must be submitted:
    (i) Full name of all individuals onboard the aircraft (last, first, 
and, if available, middle);
    (ii) Date of birth;
    (iii) Gender (F=female; M=male);
    (iv) Citizenship;
    (v) Country of residence;
    (vi) Status on board the aircraft;
    (vii) Travel document type (e.g. P=passport; A=alien registration 
card);
    (viii) Passport number, if a passport is required, or approved DHS 
travel document;
    (ix) Passport/Travel document country of issuance, if such a 
document is required;
    (x) Passport/Travel document expiration date, if such a document is 
required;
    (xi) Alien registration number, where applicable;
    (xii). Address while in the United States (number and street, city, 
state, and zip code). This information is required for all travelers 
and crew onboard the aircraft;
    (xiii) Redress number, if available.
    (4) Notice of Departure information. For private aircraft departing 
the United States, the following departure information must be 
submitted:
    (i) Aircraft registration number;
    (ii) Type of Aircraft;
    (iii) Call sign (if available);
    (iv) Decal number;
    (v) Place of last departure;
    (vi) Date of aircraft departure;
    (vii) Estimated time of departure;
    (viii) Estimated time and location of crossing U.S. border/
coastline;
    (ix) Name of intended foreign airport of first landing;
    (x) Owner/Lessee's name (last, first, and, if available, middle);
    (xi) Owner/Lessee's street address (number and street, city, state, 
zip code, country, telephone no., fax no., and e-mail address);
    (xii) Pilot/Private aircraft pilot name (last, first and, if 
available, middle);
    (xiii) Pilot license number;
    (xiv) Pilot street address (number and street, city, state, zip 
code, country, telephone no., fax no., and e-mail address);
    (xv) Country of issuance of pilot's license;
    (xvi) Operator name (last, first, and if available, middle):
    (xvii) Operator street address (number and street, city, state, zip 
code, country, telephone no., fax no., and e-mail address);
    (xviii) 24-hour Point of contact (e.g., broker, dispatcher, repair 
shop) name and phone number;
    (xix) Transponder code (beacon number);
    (xx) Color;
    (xxi) Complete itinerary (intended foreign airport destinations for 
24 hours following departure).
    (5) Permission to depart. Prior to departure from the foreign port 
or place, the pilot of a private aircraft must receive a message from 
DHS approving departure for the United States, or following any 
instructions contained therein prior to departure.
    (6) Changes to manifest. The private aircraft pilot is obligated to 
make necessary changes to the manifest data after transmission of the 
manifest to CBP. If changes are necessary, an updated and amended 
manifest must be resubmitted. If a subsequent manifest is submitted 
less than 60 minutes prior to departure, the private aircraft pilot 
must resubmit the arrival manifest and receive approval from CBP for 
the amended manifest containing the added or amended information before 
allowing the aircraft to depart the U.S. location, or the aircraft may 
be, as appropriate, denied clearance to depart from the United States. 
If a subsequent, amended manifest is submitted by the pilot, any 
clearance previously granted by CBP as a result of the original 
manifest's submission is invalid.
    7. Amend Sec.  122.23 by revising the section heading and the 
heading of paragraph (a), the introductory text of paragraph (a)(1) and 
paragraph (b). The revisions read as follows:


Sec.  122.23  Certain aircraft arriving from areas south of the U.S.

    (a) Application. (1) This section sets forth particular 
requirements for certain aircraft arriving from south of the United 
States. This section is applicable to all aircraft except:
* * * * *
    (b) Notice of arrival. All aircraft described in paragraph (a) of 
this section arriving in the Continental

[[Page 53406]]

United States via the U.S./Mexican border or the Pacific Coast from a 
foreign place in the Western Hemisphere south of 33 degrees north 
latitude, or from the Gulf of Mexico and Atlantic Coast from a place in 
the Western Hemisphere south of 30 degrees north latitude, from any 
place in Mexico, from the U.S. Virgin Islands, or (notwithstanding the 
definition of ``United States'' in 122.1(1)) from Puerto Rico (if 
conducting flight rules ), must furnish a notice of intended arrival. 
Private aircraft must transmit an advance notice of arrival as set 
forth in Sec.  122.22 of this part. Other than private aircraft, all 
aircraft to which this section applies must communicate to CBP notice 
of arrival at least one hour before crossing the U.S. coastline by 
telephone, radio, other method or the Federal Aviation Administration 
in accordance with paragraph (c) of this section.
    8. Amend Sec.  122.24 by revising the section heading, paragraph 
(a), the heading to paragraph (b) and removing all of the text of 
paragraph (b) except for the table. The revisions read as follows:


Sec.  122.24  Landing requirements for certain aircraft arriving from 
areas south of U.S.

    (a) In general. Certain aircraft arriving from areas south of the 
United States that are subject to 122.23 are required to furnish a 
notice of intended arrival in compliance with Sec.  122.23. Subject 
aircraft must land for CBP processing at the nearest designated airport 
to the border or coastline crossing point as listed under paragraph (b) 
unless exempted from this requirement in accordance with Sec.  122.25. 
In addition to the requirements of this section, pilots of aircraft to 
which Sec.  122.23 is applicable must comply with all other landing and 
notice of arrival requirements. This requirement shall not apply to 
those aircraft which have not landed in foreign territory or are 
arriving directly from Puerto Rico or if the aircraft was inspected by 
CBP officers in the U.S. Virgin Islands.
    (b) List of designated airports.
* * * * *
    9. Amend Sec.  122.25 to replace the term ``private aircraft,'' 
wherever it appears with the term ``an aircraft subject to 122.23.''
    10. Revise Sec.  122.26 to read as follows:


Sec.  122.26  Entry and clearance.

    Private aircraft, as defined in Sec.  122.1(h) arriving in the 
United States, are not required to formally enter. No later than 60 
minutes prior to departure from the United States to a foreign 
location, manifest data for all individuals onboard a private aircraft 
and departure information must be submitted as set forth in Sec.  
122.22(c). Private aircraft must not depart the United States to travel 
to a foreign location until CBP confirms receipt of the appropriate 
manifest and departure information as set forth in Sec.  122.22(c), and 
grants electronic clearance via electronic mail or telephone.
    11. Revise Sec.  122.31 to read as follows:


Sec.  122.31  Notice of arrival.

    (a) Application. Except as provided in paragraph (b) of this 
section, all aircraft entering the United States from a foreign area 
shall give advance notice of arrival.
    (b) Exceptions for scheduled aircraft of a scheduled airline. 
Advance notice is not required for aircraft of a scheduled airline 
arriving under a regular schedule. The regular schedule must have been 
filed with the port director for the airport where the first landing is 
made.
    (c) Giving notice of arrival--(1) Procedure.--(i) Private aircraft. 
The pilot of a private aircraft must give advance notice of arrival in 
accordance with Sec.  122.22 of this part.
    (ii) Aircraft arriving from Cuba. Aircraft arriving from Cuba must 
follow the advance notice of arrival procedures set forth in Sec.  
122.154 in subpart O of this part.
    (iii) Certain aircraft arriving from areas south of the United 
States. Certain aircraft arriving from areas south of the United States 
(other than Cuba) must follow the advance notice of arrival procedures 
set forth in Sec.  122.23 of this part.
    (iv) Other aircraft. The commander of an aircraft not otherwise 
covered by paragraphs (c)(i), (c)(ii) and (c)(iii) of this section must 
give advance notice of arrival as set forth in paragraph (d) of this 
section. Notice shall be given to the port director at the place of 
first landing, either:
    (A) Directly by radio, telephone, or other method; or
    (B) Through Federal Aviation Administration flight notification 
procedure (see International Flight Information Manual, Federal 
Aviation Administration).
    (2) Reliable facilities. When reliable means for giving notice are 
not available (for example, when departure is from a remote place) a 
landing shall be made at a place where notice can be sent prior to 
coming into the U.S.
    (d) Contents of notice. The advance notice of arrival required by 
aircraft covered in paragraph (c)(iv) of this section must include the 
following information:
    (1) Type of aircraft and registration number;
    (2) Name of aircraft commander;
    (3) Place of last foreign departure;
    (4) International airport of intended landing or other place at 
which landing has been authorized by CBP;
    (5) Number of alien passengers;
    (6) Number of citizen passengers; and
    (7) Estimated time of arrival.
    (e) Time of notice. Notice of arrival as required pursuant to 
paragraph (c)(iv) of this section must be furnished far enough in 
advance to allow inspecting CBP officers to reach the place of first 
landing of the aircraft.
    (f) Notice of other Federal agencies. When advance notice is 
received, the port director shall inform any other concerned Federal 
agency.
    12. Revise Sec.  122.32 to read as follows:


Sec.  122.32  Aircraft required to land.

    (a) Any aircraft coming into the U.S., from an area outside of the 
U.S., is required to land, unless it is denied permission to land in 
the U.S. by CBP pursuant to 122.12(c), or is exempted from landing by 
the Federal Aviation Administration.
    (b) Conditional permission to land. CBP has the authority to limit 
the locations where aircraft entering the U.S. from a foreign area may 
land. As such, aircraft must land at the airport designated in their 
APIS transmission unless instructed otherwise by CBP.
    13. In Sec.  122.61 revise the introductory text of paragraph (a) 
to read as follows:


Sec.  122.61  Aircraft required to clear.

    (a) Private aircraft leaving the United States for a foreign area 
are required to clear as set forth in Sec.  122.26. All other aircraft, 
except for public aircraft, leaving the United States for a foreign 
area, are required to clear if:
* * * * *
    14. Amend Sec.  122.154 by adding paragraph (d) below, and revising 
paragraph (a) to read as follows:


Sec.  122.154  Notice of arrival.

    (a) Application. All aircraft entering the U.S. from Cuba shall 
give advance notice of arrival, unless it is an Office of Foreign 
Assets Control (OFAC) approved, scheduled commercial aircraft of a 
scheduled airline.
* * * * *
    (d) Private Aircraft. In addition to these requirements, private 
aircraft must also give notice of arrival pursuant to Sec.  122.22 of 
this part.

Michael Chertoff,
Secretary.
 [FR Doc. E7-18121 Filed 9-17-07; 8:45 am]
BILLING CODE 9111-14-P