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Rob Seaman Conditional Access

The US is reluctant for border crossings

Written by Rob Seaman   
The US is still reluctant to roll out the welcome mat for border crossings. 214-flagREVISIONS TO THE RULES and regulations that govern corporate travel between Canada and the US have come fast and furious since September 11th 2001. The biggest challenge is we cannot even look for a written version of some of these revisions. One legal expert compared the current environment to playing a game without knowing what the rules are. Documentation of changes is often sent out to a small few, but remain applicable to all.

Indeed, the industry has done a backslide since pre-9/11 programs such as CANPASS and GATE had created an easier, userfriendly atmosphere – especially in relation to the unique travel habits of frequent flyers who utilized private and corporate aviation. And even though the CANPASS program has been reintroduced (in a refined format), American authorities have said that GATE will never return.

With the introduction of such bodies as the Department of Homeland Security and the Transportation Security Administration (TSA) in the US and the Canadian Air Transport Security Authority at home, many of the new people making the decisions may be schooled in security matters but are completely new to aviation. As Canadian Business Aviation Association (CBAA) president Rich Gage said at a recent meeting of the Ontario chapter, “Our group is attending a lot of meetings or involved in a great many conference calls on the subject of aviation security and cross-border issues. Having been in this business for a long time, I have to admit that many of the faces at the table are new to me. So the tough job for us becomes one of education – helping them to understand what private and corporate aviation is all about and how it works. Without this sort of information, the rules that are being developed and implemented have a tendency to be a little off the mark or hard to administer through the FBO and flight department network.”

Private aviation continues to operate under increased scrutiny and, in some quarters, condemnation, with some US politicians keen to shut out general aviation over certain municipalities. Eyebrows were raised, for example, when a ‘Dear Colleague’ letter was distributed to members of Congress urging them to sign a petition asking Homeland Security to immediately impose a 15-mile-restricted area over New York City, similar to what already exists over Washington. Such a curtain would cover some major New York area airports, including Teterboro, which would only be accessible to aircraft already based at this gateway airport.

At one point, officials were considering a 40-mile no-fly zone. That idea was scuttled when they realized that all the nofly zones were starting to intersect with each other and affecting vast areas of airspace.

The recent move by the mayor of Chicago to close Meigs Field is but another example of how aviation is being severely beaten up and has few friends to defend it. While he may have won the short-term battle by having the runways bulldozed in the dead of night, stranding a dozen plus aircraft on the field, he has most certainly brought the wrath of such organizations as the Aircraft Owners and Pilots Association and the National Business Aviation Association (NBAA) down upon him. But with the legal actions piling up, it will take years to resolve the issue and for the present, the mayor has won his point – that Meigs Field could be used to launch a terrorist attack against his city and should be closed. There are some who would encourage a similar approach to Toronto City Centre Airport – solving the land-link dispute once and for all.

Aircraft routinely operate through FBOs across North America without incident, although on both sides of the border, officials are putting greater emphasis on personal backgrounds. A more efficient exchange of information between Canadian and US authorities has also increased the pace that personal details are being shared. For those with a past lapse in judgment, indiscretion or youthful experience they would rather forget, this can and may come back to haunt them in the new zerotolerance world.