[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71372-71373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22714]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Extension and Expansion of Declaration Zone Test

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

ACTION: General notice.

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SUMMARY: On August 30, 2021, U.S. Customs and Border Protection (CBP) 
announced in the Federal Register that CBP would conduct a Declaration 
Zone test at cruise terminal facilities at participating sea ports of 
entry (POEs) that would run for approximately two years. This document 
announces that CBP is extending the test period for an additional two 
years. In addition to the extension, this document announces that CBP 
intends to expand the Declaration Zone test to up to eighteen 
additional sea POEs, as well as to travelers being processed in 
Simplified Arrival for open loop cruises. The Declaration Zone test 
allows for streamlined processing by allowing a demonstrative initial 
declaration for arriving travelers in lieu of an oral or written 
declaration of all articles brought into the United States to a CBP 
officer as required by current CBP regulations.

DATES: CBP is extending the Declaration Zone test at cruise terminal 
facilities at participating sea POEs until October 16, 2025. CBP is 
expanding the Declaration Zone test to eligible open loop cruises no 
sooner than October 1, 2023. The expansion date may vary at each 
location.

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: Maria Rivera, Program Manager, 
Biometric Entry-Exit Strategic Transformation, Office of Field 
Operations, [email protected] or (202) 325-4596.

SUPPLEMENTARY INFORMATION: 

Background

    On August 30, 2021, U.S. Customs and Border Protection (CBP) 
announced in the Federal Register (86 FR 48436) that CBP would conduct 
a Declaration Zone test at cruise terminal facilities at participating 
sea ports of entry (POEs). The notice describes the Declaration Zone 
test, while setting forth requirements for participating in the test, 
the duration of the test, and how CBP will evaluate the test. The 
notice also invites public comment on any aspect of the test. In brief, 
the Declaration Zone test fulfills 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 Declaration Zone test 
provides 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 select sea 
POEs.

Description and Procedures

    The 2021 notice provides the description and procedures for the 
Declaration Zone test. 86 FR 48437. Within a cruise terminal facility 
participating in the Declaration Zone test, two distinct customs 
declaration zone queues are established for entering the egress area: 
one for No Items to Declare and another for Items to Declare. Signage 
is 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 constitutes an initial demonstrative declaration. CBP 
officers 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 enter the No 
Items to Declare queue and proceed through the egress area to the 
facility exit. CBP officers 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 may proceed to the exit.

[[Page 71373]]

Items To Declare Queue

    Travelers with items to declare enter the Items to Declare queue 
and present before a CBP officer to make an oral declaration. The CBP 
officer makes a determination if duty is owed by the traveler or if 
additional inspection is warranted. The CBP officer then directs 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 an oral 
and/or written declaration during the referral and inspection. CBP 
officers will also follow current agency policy on declaration 
amendment opportunities.

Test Period and Participants

    As indicated in the 2021 notice, the Declaration Zone test was set 
to begin no earlier than September 27, 2021, and run for approximately 
two years, initially at two sea POEs, Miami, Florida, and Bayonne, New 
Jersey. 86 FR 48436-7. The 2021 notice stated that the start date may 
vary at each location in accordance with the resumption of passenger 
operations suspended due to the COVID-19 pandemic. 86 FR 48437. Also, 
as indicated in the 2021 notice, the test is currently restricted to 
closed loop cruises participating in the voluntary facial biometric 
debarkation (FBD) program. 86 FR 48437.

Extension of the Declaration Zone Test Period and Expansion of the 
Declaration Zone Test

Extension of the Test Period

    Based on limited cruise line operations and the suspension of 
passenger operations due to the COVID-19 pandemic, CBP was not able to 
implement the Declaration Zone test until May 2022 in Bayonne and July 
2022 in Miami. Due to this postponement, CBP is extending the 
Declaration Zone test for an additional two years until October 16, 
2025, to properly assess and evaluate the impact of the new form of 
declaration.

Expansion of the Test

Additional Sea POEs
    In addition to the extension of the test period, to better evaluate 
the Declaration Zone test, CBP also intends to expand the Declaration 
Zone test to cruise terminal facilities at up to eighteen additional 
sea POE locations. CBP will only expand the Declaration Zone test to 
cruise terminal facilities at sea POEs with the sufficient space and 
infrastructure to accommodate queuing for processing through a 
Declaration Zone. CBP Headquarters will communicate with each Field 
Office and POE with cruise terminal facilities meeting these criteria 
and advise of the option to have a Declaration Zone test at their 
respective terminal(s). As provided in the 2021 notice, once a new 
location is identified, CBP will announce the expansion on the public 
facing CBP website, https://www.cbp.gov, notifying the traveling public 
of the implementation of demonstrative declarations upon arrival into 
the United States at that particular sea POE. 86 FR 48437.
Eligible Open Loop Cruises
    Additionally, CBP is expanding the Declaration Zone test to 
travelers being processed in Simplified Arrival for open loop cruises. 
When the Declaration Zone test was initially announced in 2021, it was 
limited to passengers on closed loop cruises processed in FBD. FBD is 
the facial biometric solution for processing arriving cruise passengers 
on closed loop cruises, whereas Simplified Arrival is an equivalent 
facial biometric solution for processing arriving cruise passengers on 
open loop cruises.\1\ The test will no longer be restricted to closed 
loop cruises and will expand to open loop cruises participating in 
Simplified Arrival no sooner than October 1, 2023. The expansion date 
may vary at each location.
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    \1\ Simplified Arrival is an enhanced international arrival 
process that uses facial biometrics to automate the manual document 
checks that are already required for admission into the United 
States. More information on CBP's use of facial biometrics to secure 
and streamline travel can be found at https://www.cbp.gov/travel/biometrics.
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Authorization for the Test

    The test described in the 2021 notice \2\ and extended and expanded 
by 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.
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    \2\ 86 FR 48437.
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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 described in the 2021 
notice \3\ and extended and expanded by this notice provides 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.
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    \3\ 86 FR 48437.

    Dated: October 10, 2023.
Diane J. Sabatino,
Acting Executive Assistant Commissioner, Office of Field Operations, 
U.S. Customs and Border Protection.
[FR Doc. 2023-22714 Filed 10-13-23; 8:45 am]
BILLING CODE 9111-14-P