[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48436-48438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18584]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Declaration Zone Test

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: General notice.

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SUMMARY: This document announces that U.S. Customs and Border 
Protection (CBP) will conduct a Declaration Zone test at cruise 
terminal facilities at participating sea ports of entry (POEs) to 
fulfill a regulatory declaration requirement and allow for streamlined 
processing. Current CBP regulations require each traveler to provide an 
oral or written declaration of all articles brought into the United 
States to a CBP officer. The test will provide arriving travelers with 
an alternative method to meet this requirement by allowing a 
demonstrative initial declaration. During the test, CBP will establish 
two queues for travelers entering the country to choose from: Items to 
Declare or No Items to Declare. Known as Declaration Zones, these 
queues will allow travelers entering the country to make their initial 
declaration simply by choosing which queue to enter. This notice 
describes the test, while setting forth requirements for participating 
in the test, the duration of the test, and how CBP will evaluate the 
test. This notice also invites public comment on any aspect of the 
test.

DATES: The test will begin no earlier than September 27, 2021, and will 
run for approximately two years. The start date may vary at each 
location in accordance with the resumption of passenger operations 
suspended due to COVID-19.

ADDRESSES: Written comments concerning program, policy, and technical 
issues may be submitted at any time during the test period via email to 
[email protected]. Please use ``Comment on Declaration Zone 
Test'' in the subject line of the email.

FOR FURTHER INFORMATION CONTACT: Sung Hyun Ha, Acting Director, Sea 
Innovation, Mobility, and Biometric Advancement, Office of Field 
Operations, [email protected] or (202) 215-9429.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Current CBP regulations require each traveler to provide an oral or 
written declaration of all articles brought into the United States to a 
CBP officer. See part 148, subpart B of title 19 of the Code of Federal 
Regulations (19 CFR part 148, subpart B). At a sea POE cruise terminal 
facility, travelers collect their luggage and subsequently proceed 
through a queuing process (dependent on the facility). A CBP officer 
then verifies the traveler's identity against the traveler's travel 
documents. The CBP officer also takes an oral declaration or collects a 
written declaration via CBP Form 6059B if a traveler completes one. See 
19 CFR 148.12 and 148.13. The CBP officer then determines whether the 
declaration requires a payment of duty or further examination. If 
either are required, the CBP officer refers the traveler to secondary 
inspection. When personnel are available, CBP officers also perform 
roving enforcement operations within the baggage area and egress area. 
At any point prior to exiting the facility, a traveler may be 
questioned by a CBP officer and referred for secondary inspection. 
Travelers referred to secondary inspection may be directed to complete 
CBP Form 6059B.
    In recent years, cruise ship capacities have increased to over 8500 
passengers and crew per ship. Accordingly, new and innovative methods 
of processing are necessary. CBP has partnered with cruise lines to 
deploy facial comparison technology to verify biometrically the 
identities of expected travelers and crew upon arrival to the United 
States. The voluntary facial biometric debarkation (FBD) program 
replaces manual comparisons between travelers and their travel 
documents. To participate in the FBD program, cruise lines must provide 
enhanced data including select reservation, manifest, and voyage 
information directly to CBP that will be used for targeting and 
enforcement vetting. Enhanced targeting coupled with biometric 
verification of identity facilitates the ability for CBP officers to 
shift focus from administrative tasks to roving enforcement operations. 
This shift allows for amplified enforcement operations while enabling 
the growing flow of travelers through size-constrained facilities.
    The greater capacity for enforcement that results from 
participation in the FBD program would also allow for further 
streamlining processing through the implementation of declaration

[[Page 48437]]

zones. Declaration zones are an established concept in several 
countries whereby travelers provide an initial declaration via 
selection of a departure queue. Declaration zones facilitate the 
processing of travelers by separating those who need to go directly to 
a CBP officer for additional processing from those who do not. With 
declaration zones, travelers select from one of two clearly marked 
departure queues, either that they have items to declare or no items to 
declare. This selection acts as travelers' initial declaration simply 
through the queue that they choose. This addition of a physical, 
demonstrative form of declaration would allow CBP officers to shift 
focus from conducting administrative tasks such as taking oral 
declarations from compliant, low-risk, and highly vetted travelers to 
roving enforcement operations. Roving officers would be able to use 
their observation skills, as well as their knowledge of trends and 
smuggling techniques, to actively monitor and select individuals for 
inspection.

The Declaration Zone Test

    CBP will conduct a Declaration Zone Test to fulfill the declaration 
requirement under CBP regulations, while also allowing for streamlined 
processing. Current CBP regulations require each traveler to provide an 
oral or written declaration of all articles brought into the United 
States to a CBP officer. See 19 CFR part 148, subpart B. The test will 
provide arriving travelers with an alternative method to meet this 
requirement by allowing a demonstrative initial declaration through the 
use of declaration zones at cruise terminal facilities at certain sea 
POEs.

Description and Procedures

    Within a cruise terminal facility, two distinct customs declaration 
zone queues will be established for entering the egress area: one for 
No Items to Declare and another for Items to Declare. Signage will be 
posted to clearly label the queues at the entrance to the egress area 
after travelers collect their luggage. The physical act of selecting 
the No Items to Declare queue or the Items to Declare queue in and of 
itself will constitute an initial demonstrative declaration. CBP 
officers will conduct roving enforcement operations within the baggage 
collection and egress area to ensure traveler compliance.
No Items To Declare Queue
    Travelers who determine they have nothing to declare will enter the 
No Items to Declare queue and proceed through the egress area to the 
facility exit. CBP officers will conduct roving operations in the No 
Items to Declare zone to affirm traveler compliance, receive oral 
declarations, and make referrals to secondary inspection as necessary. 
Travelers who are not questioned by CBP officers conducting roving 
operations proceed to the exit.
Items To Declare Queue
    Travelers with items to declare will enter the Items to Declare 
queue and will present before a CBP officer to make an oral 
declaration. The CBP officer will make a determination if duty is owed 
by the traveler or if additional inspection is warranted. The CBP 
officer will then direct the traveler accordingly.
Referral to Secondary Inspection
    If a traveler is referred to secondary inspection at any point, CBP 
officers will follow standard procedures, including collecting oral 
and/or written declarations during the referral and inspection. CBP 
officers will also follow current agency policy on declaration 
amendment opportunities.

Eligibility and Participation Requirements

    The test allowing demonstrative declaration to be an acceptable 
declaration method will begin at two sea POEs: Miami, Florida, and 
Bayonne, New Jersey. CBP may choose to expand this test to other sea 
POEs during the two-year test period. Any such expansion will be 
announced on the CBP website, https://www.cbp.gov. The test will be 
restricted to closed loop cruises participating in FBD.
    CBP will provide directional signage for use in the implementation 
of the declaration zones. Port management will coordinate with the port 
authority/terminal managers for the printing and posting of the 
directional signage and establishing the corresponding queues. The 
signage is ancillary to the statutory signage currently posted within 
cruise terminal facilities and the Federal Inspection Services (FIS) 
area. These directional signs will facilitate the declaration zone 
process and help travelers understand the expectation when entering a 
specific queue.
    CBP will also work with each cruise line at eligible POEs to 
develop educational materials to provide to travelers regarding U.S. 
customs declaration responsibilities and how travelers should navigate 
both the FBD process and declaration zones.

Authorization for the Test

    The test described in this notice is authorized pursuant to 19 CFR 
101.9(a), which allows the Commissioner of CBP to impose requirements 
different from those specified in the CBP Regulations for purposes of 
conducting a test program or procedure designed to evaluate the 
effectiveness of new operational procedures regarding the processing of 
passengers. This test is authorized pursuant to this regulation as it 
is designed to evaluate whether allowing a demonstrative initial 
declaration is a feasible way to fulfill the declaration requirement 
and allow for streamlined processing.

Waiver of Certain Regulatory Requirements

    CBP regulations require each traveler to provide an oral or written 
declaration of all articles brought into the United States to a CBP 
officer. See 19 CFR 148.12 and 148.13. The test will provide arriving 
travelers with an alternative method to meet this requirement by 
allowing a demonstrative initial declaration. All other requirements of 
19 CFR part 148, subpart B, regarding declarations, including those 
provided by 19 CFR 148.18, regarding failure to declare, and 19 CFR 
148.19, regarding false or fraudulent statements, still apply.

Duration of Test

    This test will run for approximately two years, beginning no 
earlier than September 27, 2021. The start date may vary at each 
location in accordance with the resumption of passenger operations 
suspended due to COVID-19. While the test is ongoing, CBP will evaluate 
the results and determine whether the test will be extended or 
otherwise modified. CBP reserves the right to discontinue this test at 
any time in CBP's sole discretion. CBP will announce any modifications 
to the duration of the test by notice in the Federal Register.

Evaluation of Declaration Zone Test

    CBP will use the results of this test to assess the operational 
feasibility of allowing an initial demonstrative declaration to be an 
acceptable declaration method. CBP will evaluate this test based on a 
number of criteria, including:
     Evaluation of cruise line customer satisfaction surveys 
gathering feedback on the debarkation process; and
     Comparison of year-over-year enforcement statistics for 
each test period to ensure no impact to duty collection or to the 
frequency of enforcement activities.

[[Page 48438]]

Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d)) 
requires that CBP consider the impact of paperwork and other 
information collection burdens imposed on the public. As there is no 
new collection of information required in this document, the provisions 
of the PRA are inapplicable.

Signing Authority

    Troy A. Miller, the Acting Commissioner, having reviewed and 
approved this document, is delegating the authority to electronically 
sign this document to Robert F. Altneu, who is the Director of the 
Regulations and Disclosure Law Division for CBP, for purposes of 
publication in the Federal Register.

    Dated: August 25, 2021.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2021-18584 Filed 8-27-21; 8:45 am]
BILLING CODE 9111-14-P