Notice2023-22714
Extension and Expansion of Declaration Zone Test
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 16, 2023
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 198 (Monday, October 16, 2023)</title>
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[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71372-71373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#1c5e75737179686e757f4f797d5c7f7e6c3278746f327b736a"><span class="__cf_email__" data-cfemail="17557e787a7263657e744472765774756739737f6439707861">[email protected]</span></a>. 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, <a href="/cdn-cgi/l/email-protection#acc1cddec5cd82cf82dec5dac9decdeccfcedc82c8c4df82cbc3da"><span class="__cf_email__" data-cfemail="dcb1bdaeb5bdf2bff2aeb5aab9aebd9cbfbeacf2b8b4aff2bbb3aa">[email protected]</span></a> 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, <a href="https://www.cbp.gov">https://www.cbp.gov</a>, 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 <a href="https://www.cbp.gov/travel/biometrics">https://www.cbp.gov/travel/biometrics</a>.
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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
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