The Department of Homeland Security (DHS), as of May 18, will now require the security measures followed by commercial international flights arriving in or departing from the United States, to be followed by smaller, business aircraft flying internationally, as well. Currently, business flights submit the Private Aircraft Enforcement System Arrival Report (Form 178) to the United States Customs and Border Protection Department (CBP) when making an international flight. Submission of this form is no longer necessary under the new regulations.

Now, 60 minutes before such an aircraft leaves the United States or arrives, the general aviation operators (GA) are required to provide a complete manifest of all passengers as well as information regarding the owner and operator of the aircraft. The CBP requires that the operators supply this information through the electronic Advanced Passenger Information System, otherwise referred to as eAPIS. Operators may also transfer the information through a third party who can send the information online, if they have no Internet access.

This requirement, as well as other CBP regulations, has been in place for commercial aircraft, including Federal Aviation Regulation Part 135 carriers, since 2001. Its expansion to private international aircraft has been delayed because the NBAA and many companies belonging to the organization were unhappy with the proposal and some of its criteria. So the CBP modified the regulation in ways that make it easier for operators to comply.

The brunt of the regulation stands as the CBP intended it, but changes were made to prevent operators from finding it impossible to submit information because of no Internet access. To submit the information, eAPIS requires nternet transmission, which would pose a problem for those flights traveling to areas with limited access or no access at all. In response to the NBAA’s concern over that issue, the CBP changed it to allow operators to send updates through a phone call or radio transmission in areas where no Internet access is available.

However, the eAPIS system or a third party with online access still must be used if the passenger manifest changes less than an hour before flight departure, and then the pilot must wait for new clearance from the CBP, which the CBP assures operators won’t necessarily cause another hour wait before they can depart.

If the passenger manifest identifies someone who is on the government’s no-fly watch list, the DHS will decide whether or not to allow the operator to land, and what measures to take as far as restricting landing privileges if the craft is allowed landing rights. They’ll use a risk-based analysis to make their decision. Pilots will be information of any restrictions upon landing and will be given the proper instructions to follow by the DHS officials.

The DHS is solely responsible for any actions taken as a result of the information received through eAPIS. If a passenger is on the watch list, the operator has no further responsibility once the manifest is transmitted besides following the landing instructions and passenger boarding instructions given by the DHS.