My experiences with CBP agents have been mostly positive and their disposition tolerable if not unexpectedly pleasant. They are like an unprovoked grizzly - not particularly threatening if you do everything right. Yet some demonstrate an inability to interact with the public without unwarranted intimidation or an authoritarian attitude, and would perhaps be more suited to a different line of work. The institution and the individual are not necessarily one in the same.
I recently found myself at an FAA seminar hosted by CBP and DHS in Bellingham, WA. It was a full house. A DHS enforcement officer presented an informational slide show and discussed their border patrol ops while the CBP agent represented the EAPIS part of the presentaion. The presentation's focus was on drug enforcement successes since DHS began patrolling the northwest border in 2004, and the importance of border protection and anti-terrorism. It was indicated that the region would descend into unimaginable chaos if operations ceased (I wonder how we managed prior to 2004?). We were told about aerial intercept procedures and how to recognize suspicious activities. We were asked to be on the lookout for bad guys. Common terminology included “obey”, “compliance”, “penalty”, and when responding to a difficult question the default response was “ ...because of 911”, or “since 911”. OK, so don't beat me up over this, I know 911 was horrifying and vigilance is prudent but let's not replace rational, intelligent decision making with fear and paranoia.
I wanted to ask questions at the meeting about EAPIS and trans-border flights but once underway, I realized that program structure did not invite public interaction and was meant to disseminate information without pause. I was compelled to interject at least some of my questions and did so. Soon the audience came alive and it was clear that most were frustrated by the burdensome regulations.
A Lynden, WA based pilot explained that before he could check the weather, file a flight plan, preflight his plane, or complete the flight he must deal with the exhausting process of getting permission to leave the country. He said it compromised the safety of his flights.
FILING MULTIPLE NOTICES of ARRIVAL, AMENDING ARRIVAL TIME WITH A CALL
Most pilots file both notices of departures and arrivals at the same time. When flying to/from AK my scheduled arrival time is based on good VFR conditions the entire trip. This avoids arriving at the border early. In reality I usually experience weather delays lasting from 1 to 5 days. I typically call to amend my arrival time the day I actually cross the border. Until October 2010 this worked for me.
When this topic was discussed at the meeting (not having internet access to file a notice of arrival and not knowing exactly when you will cross the border on such a long and unpredictable trip) the presenter stated “if your are a couple days late because of weather, all you have to do is phone the appropriate CBP office and they'll update your arrival time”. I explained this was incorrect based on my personal experience.
Here's a solution: File multiple notices of arrival so that you'll be in the system on the day you actually cross. File a notice of arrival based on the best case scenario or earliest arrival time and, in my case, I file a notice of arrival for each of the next 5 days. The additional notices are inconsequential.
In October, 2010, during a call to KBLI CBP advising them of my amended arrival time they responded “we can't find you in the system” (this was because I was a few days late). With more detail they found me in the system but since I was arriving on a different day, the agent required me to re-file electronically. Racing darkness, I quickly confirmed I'd refile and to expect my arrival just prior to civil twilight.
I refiled a notice of arrival, filed a flight plan, and dailed up the discrete border crossing sqwak code issued by Vancouver Center. It was nearly dark when I arrived at KBLI. I waited patiently for 20 minutes before an agent approached the plane and said, “where did you come from? You didn't call us...we don't know your coming unless you call”. . . . I find the entertainment pleasures that await me after such a long and grueling flight to be most delightful.
ADDITIONAL INFO
Flights to Canada with no landings and back to the US do not require EAPIS notification. You are required to be on an active flight plan, communicate your intentions to cross the border, receive a border crossing transponder code from ATC, and monitor appropriate radio frequencies.
If you are ramp checked by DHS or any other agency, you are not obligated to permit a search of the aircraft without a search warrant. This does not apply if your flight originated in Canada and you are clearing Customs.
If you are intercepted by the military or DHS they will want to communicate with you on 121.5. They are trained and permitted to fly very close to you. This seems dangerous since they could be in a Citation, a King Air, helicopter, or any number of other aerial assets and they may not know what another pilot's reaction might be. Generally they will require you to land at the nearest airport, and they prefer to FOLLOW you there.


