May 5, 2025
NBAA recently urged the Animal and Plant Health Inspection Service (APHIS) to continue a user fee exemption for small commercial aircraft.
Last year, APHIS published a final rule amending user fee regulations associated with the agricultural quarantine and inspection program. The rule went into effect Oct. 1, 2024. Because small commercial passenger aircraft had not previously been subject to this fee, the agency delayed the implementation of the fee for small commercial aircraft until April 1, 2025.
APHIS recently postponed the effective date of the removal of the exemption to the commercial aircraft user fee for small commercial passenger aircraft for 60 days to June 2, 2025.
In its comments, NBAA explained that small commercial aircraft are rarely inspected by APHIS representatives and most agricultural inspection functions are conducted by Customs and Border Protection (CBP). Small commercial aircraft currently remit per-passenger fees to APHIS and CBP along with additional per aircraft fees to CBP that more appropriately reflects the burden the aircraft impose on government mandated inspections.
The association also questioned the cost differential between a small aircraft with nine passenger seats compared with the burden imposed by a 250-passenger seat, scheduled airliner.
In postponing the effective date, the agency requested information on:
- Any circumstances under which small commercial passenger aircraft (those with 64 or fewer seats) can be considered to have lower sanitary and phytosanitary risk than larger commercial passenger aircraft under similar conditions
- If those small commercial passenger aircraft merit reduced agricultural quarantine and inspection user fees because of that lower risk
- Whether the user fee could be structured differently, in a manner commensurate with the services being provided, along with evidence to support any alternate user fee structures
“NBAA recognizes that APHIS will need to consider a number of possible alternatives as part of this effort. NBAA would appreciate an opportunity for additional engagement and discussion should APHIS be unable to justify the current exemption for small aircraft,” said Laura Everington, NBAA director of international operations and regulations. “We believe alternatives may exist that could better align FAA’s safety and operational regulations with APHIS. As many part 135 operators are relatively small, one or two aircraft operations, they would face significant economic impact from an exemption expiration.”
International Business Aviation Council Ltd.