Private planes entering U.S. face scrutiny

Feds want early list of passengers
Sean Holstege
The Arizona Republic
Oct. 4, 2007 12:00 AM

The U.S. Department of Homeland Security wants to start tracking the identities of foreigners scheduled to fly into the United States on private planes.

Under the proposal, pilots flying from a foreign country would be required to file an online notice with customs officials detailing the names and passport numbers of all passengers. The notice would have to be filed one hour before takeoff.

Now, pilots report only the number, not the identity, of passengers. Passengers are not screened until they land in the U.S.

The proposed regulations are similar to ones enacted after the Sept. 11, 2001, terrorist attacks to screen people and cargo aboard commercial jets, ocean-going vessels and trucks. Those efforts have bought customs agents and homeland-security analysts time to assess potential risks without halting commerce at seaports, airports or border crossings.

The rules proposed two weeks ago were partly in response to a 9/11 Commission recommendation that general-aviation security be tightened.

Other aviation measures, such as bomb-detection machines, federalizing passenger screeners and adding air marshals, took priority because of the threat and consequence of another 9/11-sytle attack.

"We spent a lot of time locking the front door. What are the other doors that have to be locked? We concluded after some careful study . . . this was a vulnerability that needed to be addressed," Homeland Secretary Michael Chertoff said.

"The main reason we did this is because we were concerned about people bringing weapons of mass destruction from overseas."

The agency pointed out that there is no credible evidence of an imminent threat.

Terrorism worries

A year ago, Homeland Security officials told Phil Boyer, president of the Aircraft Owners and Pilots Association, that the government was getting undisclosed intelligence reports that terrorists wanted to sneak a "dirty bomb," a crude radioactive device, into the country by flying it over one of the borders.

Last year, 138,000 private aircraft and 594,000 people landed in the United States from foreign origins. In Arizona, 16,668 people aboard 4,394 aircraft made the journey.

The government estimates that only twice a year a passenger aboard a non-commercial flight is flagged by the "no-fly list." The list is used at airports to screen potential terrorists from boarding jumbo jets. About only once a year does the government refuse a non-commercial flight landing rights.

Tougher regulations

Since the new rules were proposed Sept. 18, pilots have submitted nearly 500 complaints. Many Arizona pilots fly from remote Mexican airstrips that often lack telephones or Internet connections.

In addition to filing a notice with the names of passengers, pilots would also have to wait for authorization from the Federal Aviation Administration before they could depart. But the FAA has consolidated 63 flight-service centers that process flight plans, and the 17 that are now operated under private contract have caused lengthy delays. The FAA and customs systems are not linked, so the FAA has to enter the information by hand and send it.

The measure has outraged pilots, who call it heavy-handed and a hindrance to humanitarian missions and tourism.

Currently, pilots log flight plans by radio one hour before they reach U.S. airspace. When an aircraft reaches the international border, it usually must land at the nearest airstrip.

In Arizona, that means pilots clear customs in Nogales, Yuma or Tucson before continuing north. Customs and Border Protection agents screen aircraft for contraband and run the names of passengers against terrorist watch lists.

Charities fear loss of aid

Bob Jackson, president of the Los Amigos chapter of the Flying Samaritans in Phoenix, fears the rules would scare away doctors and nurses in the charity who fly to Baja California each month to donate medical services.

"There will be a number of members who throw up their hands and say it's beyond them. Some, like me, will buy a satellite phone and continue," Jackson said.

Flying Samaritans treat as many as 400 people in the west coast cannery town of Puerto Adolfo Lopez Mateos. People are so poor and services so lacking that they come from as far as Cabo San Lucas, 200 miles away. Doctors treat high blood pressure, perform dental work and do facial reconstructive surgery. Without the aid, patients would have no treatment, Jackson said.

"There might be this misconception by those who wrote the regulations that there is free flight into Mexico. There really isn't," he said.

The aircraft and pilots association, which represents 415,000 pilots, decided to collaborate with the government to come up with a security plan, but association President Boyer said pilots were "shocked" that the proposal ignored technical impediments in countries like Mexico.

Homeland Security spokesman Russ Knocke said pilots' concerns can be addressed during the 60-day comment period.

Boyer and other pilots say the customs screening at small border airfields is typically better than at large airports. They believe the government can find a way to better screen inbound flights without onerous restrictions.