US Exemption Southern border & TSA/FAA Waiver & Airspace Access Program

[ricaxixo]

Dear folks,

I was wondering about the difference between 2 US documents (CBP Exemption and TSA/FAA Waiver.

What is the difference between them and what are they for?

If my international flights usually flies to New York with the exemption already granted, is it possible to go elsewhere? for instance: Las Vegas coming from the south hemisphere?


Thanks.

[Max Torque]

I just ran into this one as well.

My owner wanted to visit an airport short notice not listed on the current waiver. Our Ops had to resubmit the waiver driven by FDC NOTAM 3/2768; to their credit and the FAA/TSA system involved, it took less than 24 hours (instead of the 5 business days mentioned on the website).

I'm guessing that your waiver has to mention exactly the departure and destination airports, so KLAS has to be there.

This seemed the clearest document out there http://d.universalweather.com/pdf/tripsupport/Airspace_Access_Program.pdf

What CBP exemption are you referring to?

And I find the whole concept mind boggling in the country that invented business aviation. As a general observation, I almost despair of trying to keep track of all the myriad requirements that the TSA, FAA, CBP and several other agencies seek to make me as the PIC responsible for. Every time I have a US trip (couple of times a year), the stress increases significantly, looking for what trap I have missed this time. Give me Moscow any day of the week instead :ugh:

[dallas]

The only 'CBP Exemption' I can find online relates to duty free allowances.

Otherwise the TSA Waiver (normally International variety as there are others), is required to list all airfields on schedule, and I understand that in event of a short notice change, it is sufficient to have submitted an application to add a new airfield even if renewed Waiver not received before dep (with a few exceptions like KDCA which needs its own Waiver type anyway). I hasten to add that we've never had to test the theory of 'change pending' and there are duty staff available for urgent requests.

I am wondering if ricaxixo is referring to the CBP's Permit to Proceed, which is issued for internal sectors within the US. From our ops perspective it's a crew-CBP document used down route and has never involved home base, and there isn't anything tangible online explaining what it does, if it's used in between all stops (as opposed to entry/exit points to domestic sectors) - for example, what do you do if using a non-CBP airfield in the middle?

This ref may help: https://www.law.cornell.edu/cfr/text/19/122.83

(d) Permit to proceed. A permit to proceed from one domestic airport to another shall be filed by the aircraft commander (https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=61cef2de535ad34b8376e92f046daed2&term_occur=2&term_src=lii:cfr:2014:19:0:-:I:-:122:I:122.83) or agent (https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3294b0015b76318d0384a236f25c0436&term_occur=2&term_src=lii:cfr:2014:19:0:-:I:-:122:I:122.83) with the Customs officer in charge at the clearance airport. The permit to proceed shall include a declaration by the aircraft commander (https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=61cef2de535ad34b8376e92f046daed2&term_occur=3&term_src=lii:cfr:2014:19:0:-:I:-:122:I:122.83) or agent (https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3294b0015b76318d0384a236f25c0436&term_occur=3&term_src=lii:cfr:2014:19:0:-:I:-:122:I:122.83), which shall be signed on entry (https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=53e79e95544ded3d68d084a73c19e235&term_occur=3&term_src=lii:cfr:2014:19:0:-:I:-:122:I:122.83) at the next domestic airport. etc etc

So it appears to be a Bond document to presumably ensure you don't flog the contents of the jet while in the Midwest. I can't find anything more colloquial about it.

The other snippet worth knowing is the I-94 green card declarations have been done away with now and the authorities get all they need from e-documents like APIS etc.

[ricaxixo]

Thank you so much for the explanation.

[ATOguy]

The only 'CBP Exemption' I can find online relates to duty free allowances.
He is referring to an exemption from CBP regulation 122.14 which requires all corporate aircraft (among others) arriving from South of the US to land at the first airport of entry they come to. A bit of a nuisance if you're heading for NY or similar in an aircraft that doesn't need a tech stop.

[Booglebox]

Above poster is correct. Answer to OP's question is no, AFAIK. But if you've already applied and want to change destination, it should be fairly easy, as long as you're going to a larger airport.

[dallas]

Ah ok - that's the Border Overflight Exemption, which as the name suggests is a waiver to stop you having to land at nearest PoA when coming from south.

I thought it had been eased in the last 12 months...

Update. Yes it has:
http://www.nbaa.org/ops/intl/customs-regulatory/customs/20130617-cbp-updates-southern-border-overflight-exemption-process.php

[dc9-32]

To fly from MROC to KTPA in an N reg aircraft, then continue to another US airport, apart from APIS, does the operator need any further permission from US CBP ?

[dallas]

Not as far as I can see from the facts above. You're clearing CBP at landfall so don't need a BOE, and then continuing internally as a US-reg domestic flight. Just APIS as you mention above.

...assuming it's not an importation which will undoubtedly need more...

[dc9-32]

Thanks Dallas, as I thought. Import is taken care of by the broker :)

[dallas]

...and assuming it's not a hoofing great jet - we moved a N-reg 727 and it did need a Waiver.

[ricaxixo]

Folks, Thank you so much !

[dc9-32]

Bringing up this topic again for clarification purposes, and I appreciate this is a rumour network before anyone jumps down my throat !

So, a US registered aircraft with an MTOW greater than 45500kgs, entering USA from Europe, crew only. Does it require a TSA Waiver ?

[dallas]

By 'entering', if you mean landing in US territory, no.

If you mean entering to overfly US territory, yes.

[dc9-32]

Thanks Dalla.

Entering in this case is landing in USA, for maintenance actually.

I've read the relevant NOTAMS and can find nothing to show a US registered aircraft over 45500kgs requires a TSA Waiver.

However, one has been issued !

[dallas]

Bizarre. Oh well, better to have more than less :ok: