[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58747-58749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15947]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Air 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 air terminal 
facilities at participating air ports of entry (POEs) to fulfill a 
regulatory declaration requirement and allow for streamlined 
processing. Current CBP regulations require each traveler at air POEs 
to provide an oral or written declaration of all articles brought into 
the United States, to a CBP officer (CBPO). 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 and No Items to Declare. Known as ``Declaration 
Zones,'' these queues will allow travelers entering the country through 
participating air POEs to make their initial declaration simply by 
choosing which queue to enter. This notice describes the test, and also 
sets 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 August 19, 2024 and will run 
for approximately two years. The start date will be in accordance with 
the air POE's ability to implement the declaration zones. Comments 
concerning this notice and all aspects of the announced test may be 
submitted at any time during the test period to the address set forth 
below.

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: Natascha Gutermuth, Program Manager, 
Biometrics Program Office, Office of Field Operations, U.S. Customs and 
Border Protection, (202) 417-0096, or email at: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 58748]]

Background

    Current U.S. Customs and Border Protection (CBP) regulations 
require each traveler to provide an oral or written declaration of all 
articles brought into the United States, to a CBP officer (CBPO). See 
part 148, subpart B of title 19 of the Code of Federal Regulations (19 
CFR part 148, subpart B). There are currently three types of Federal 
Inspection Services (FIS) air port of entry (POE) air terminal 
facilities: standard, modified egress, and baggage first. At standard 
air terminal facilities, a traveler is processed by a CBPO at primary 
inspection to determine whether the traveler may enter the United 
States. Once cleared for entry, the traveler then proceeds to the 
baggage area to collect any luggage and subsequently proceeds through 
the egress area to the facility exit where a CBPO takes an oral 
declaration from the traveler or collects a written declaration through 
CBP Form 6059-B if the traveler completes one. See 19 CFR 148.12, 
148.13. The CBPO then determines whether the declaration requires the 
payment of a duty or if further examination is necessary. If either is 
required, the CBPO refers the traveler to secondary inspection. 
Otherwise, the traveler may then exit the air terminal facility.
    At modified egress air terminal facilities, a traveler is processed 
by a CBPO at primary inspection to determine whether the traveler may 
enter the United States. Concurrently, the CBPO takes an oral 
declaration from the traveler or collects a written declaration through 
CBP Form 6059-B if the traveler completes one. The CBPO then determines 
whether the declaration requires the payment of a duty or if further 
examination is necessary. If either is required, the CBPO refers the 
traveler to secondary inspection. Once cleared for entry, the traveler 
proceeds to the baggage area to collect any luggage. The traveler may 
then exit the air terminal facility without being stopped, unless a 
roving CBPO engages with the traveler.
    At baggage first air terminal facilities, the traveler collects any 
luggage prior to being processed at primary inspection, where a CBPO 
then determines whether the traveler may enter the United States. If 
the traveler is cleared for entry, the CBPO also takes an oral 
declaration from the traveler or collects a written declaration through 
CBP Form 6059-B if the traveler completes one. The CBPO then determines 
whether the declaration requires the payment of a duty or if further 
examination is necessary. If either is required, the CBPO refers the 
traveler to secondary inspection. Otherwise, the traveler may then exit 
the air terminal facility, unless a roving CBPO engages with the 
traveler.
    At all three types of air terminal facilities described above, 
CBPOs also perform roving enforcement operations within the baggage 
area and egress area. At any point prior to exiting the air terminal 
facility, a traveler may be questioned by a CBPO and referred for 
secondary inspection. Travelers referred to secondary inspection may be 
directed to complete CBP Form 6059-B, if not already completed.
    As air travel returns to, and exceeds, pre-pandemic levels, 
innovative methods of processing are necessary to ensure the safe and 
streamlined movement of travelers. Declaration zones, whereby travelers 
provide an initial declaration via selection of a queue, are an 
established concept in many countries and are being tested in several 
U.S. sea POEs. See 86 FR 48436 (Aug. 30, 2021) (announcing a 
Declaration Zone test at certain cruise terminal facilities); 88 FR 
71372 (Oct. 16, 2023) (announcing the extension and expansion of the 
2021 test). Declaration zones facilitate the processing of travelers by 
separating those who need to go directly to a CBPO for additional 
processing from those who do not. With declaration zones, travelers 
provide an initial declaration by selecting one of two clearly marked 
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 CBPOs to shift focus from conducting 
some of the administrative tasks they do currently, such as taking oral 
declarations from all applicable travelers and instead focus on 
conducting roving enforcement operations. Roving CBPOs 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. As is the case currently, travelers would still be subject 
to questions upon inspection, and as the travelers move through the 
Federal Inspection Station (FIS), as appropriate.

The Air Declaration Zone Test

    CBP will conduct an Air Declaration Zone Test under 19 CFR 101.9 to 
fulfill the declaration requirement, 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 CBPO. 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 air terminal facilities at certain air 
POEs. The test does not change any other aspect of the processing of 
arriving travelers. Travelers will continue to have the option of 
making an oral or written declaration.

Description and Procedures

    Within an air terminal facility, two distinct customs declaration 
zone queues will be established after travelers collect their luggage: 
one for No Items to Declare and another for Items to Declare. The 
location of the queues, either at the entrance to the egress area or 
prior to processing in primary inspection, will depend on the air 
terminal facility. At all air terminal facilities, signage will be 
posted to clearly label the queues. 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. CBPOs and 
CBP Agricultural Specialists will conduct roving enforcement operations 
within the baggage area and egress area to ensure traveler compliance.
No Items To Declare Queue
    Travelers who determine that they have nothing to declare will 
enter the No Items to Declare queue. Depending on the location of the 
queue in the air terminal facility, the traveler will either proceed to 
primary inspection or proceed through the egress area to facility exit. 
CBPOs will conduct roving operations in the No Items to Declare zone to 
affirm traveler compliance. When the queue is located at the entrance 
of the egress area, CBPOs will also receive oral declarations and make 
referrals to secondary inspection as necessary; travelers who are not 
questioned by CBPOs 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 CBPO to make an oral declaration. The 
CBPO will make a determination if duty is owed by the traveler or if 
additional inspection is warranted. The CBPO will then direct the 
traveler accordingly.
Referral to Secondary Inspection
    If a traveler is referred to secondary inspection at any point, 
CBPOs will follow standard procedures, including collecting oral and/or 
written

[[Page 58749]]

declarations during the referral and inspection. CBPOs will follow 
current agency policy on declaration amendment opportunities.

Eligibility and Participation Requirements

    This test allowing a demonstrative declaration to be an acceptable 
declaration method will begin at one air POE, Dallas-Fort Worth, Texas. 
CBP may choose to expand this test to other air POEs during the two-
year test period. Any such expansion will be announced on the CBP 
website, https://www.cbp.gov.
    CBP will provide directional signage for use in the implementation 
of the declaration zones. Port management will coordinate with the 
airport authority and terminal managers for the printing and posting of 
the directional signage and for establishing the corresponding queues. 
The signage is ancillary to the statutory signage currently posted 
within air terminal facilities and the 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 airline at eligible POEs to develop 
educational materials to provide to travelers regarding U.S. Customs 
declaration responsibilities and how travelers should navigate the 
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, 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, will still apply.

Duration of Test

    This test will run for approximately two years, beginning no 
earlier than August 19, 2024. 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 method of declaration at air POEs. CBP will evaluate this 
test based on a number of criteria, including:
     Evaluation of airline 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.

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 Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, has delegated 
the authority to electronically sign this document to the Director (or 
Acting Director, if applicable) of the Regulations and Disclosure Law 
Division for CBP, for purposes of publication in the Federal Register.

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2024-15947 Filed 7-18-24; 8:45 am]
BILLING CODE 9111-14-P