Notice2024-15947
Air 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
July 19, 2024
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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 139 (Friday, July 19, 2024)</title>
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[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58747-58749]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#1153787e7c7465637872507863517273613f7579623f767e67"><span class="__cf_email__" data-cfemail="34765d5b595140465d57755d46745756441a505c471a535b42">[email protected]</span></a>. 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:
<a href="/cdn-cgi/l/email-protection#6f210e1b0e1c0c070e412e41281a1b0a1d021a1b072f0c0d1f410b071c41080019"><span class="__cf_email__" data-cfemail="327c53465341515a531c731c75474657405f47465a725150421c565a411c555d44">[email protected]</span></a>.
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, <a href="https://www.cbp.gov">https://www.cbp.gov</a>.
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:
<bullet> Evaluation of airline 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.
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
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