Notice2021-18584
Declaration Zone Test
Primary source
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Published
August 30, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 165 (Monday, August 30, 2021)</title>
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[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48436-48438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#c2b1abafb2aeaba4bbb6b0a3b4a7ae82a1a0b2eca6aab1eca5adb4"><span class="__cf_email__" data-cfemail="e5968c8895898c839c919784938089a5868795cb818d96cb828a93">[email protected]</span></a>. 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, <a href="/cdn-cgi/l/email-protection#3340465d541d5b4a465d1d5b52735051431d575b401d545c45"><span class="__cf_email__" data-cfemail="b2c1c7dcd59cdacbc7dc9cdad3f2d1d0c29cd6dac19cd5ddc4">[email protected]</span></a> 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, <a href="https://www.cbp.gov">https://www.cbp.gov</a>. 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:
<bullet> Evaluation of cruise line customer satisfaction surveys
gathering feedback on the debarkation process; and
<bullet> 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
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