Notice2025-17688
Declaration Zone Test: Second Extension
Primary source
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Published
September 12, 2025
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This notice announces that U.S. Customs and Border Protection (CBP) is extending the Declaration Zone test for an additional three years. Current CBP regulations require each traveler to provide a CBP officer with an oral or written declaration of all articles brought into the United States. The Declaration Zone test streamlines the processing of travelers who enter the United States aboard vessels by allowing a demonstrative initial declaration to separate travelers who do not have items to declare from those who have items to declare and, in some cases, replace the provision of oral or written declarations.
Full Text
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<title>Federal Register, Volume 90 Issue 175 (Friday, September 12, 2025)</title>
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[Federal Register Volume 90, Number 175 (Friday, September 12, 2025)]
[Notices]
[Pages 44202-44204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17688]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Declaration Zone Test: Second Extension
AGENCY: U.S. Customs and Border Protection; DHS.
ACTION: General notice.
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SUMMARY: This notice announces that U.S. Customs and Border Protection
(CBP) is extending the Declaration Zone test for an additional three
years. Current CBP regulations require each traveler to provide a CBP
officer with an oral or written declaration of all articles brought
into the United States. The Declaration Zone test streamlines the
processing of travelers who enter the United States aboard vessels by
allowing a demonstrative initial declaration to separate travelers who
do not have items to declare from those who have items to declare and,
in some cases, replace the provision of oral or written declarations.
DATES: The existing Declaration Zone test is set to expire on October
16, 2025. CBP is extending the Declaration Zone test at participating
cruise terminals for an additional three years, expiring on October 16,
2028, unless renewed. CBP will announce any modifications by notice in
the Federal Register.
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#aedadccfd8cbc2cbdc83cbc0dadcd783dedcc1c9dccfc3ddeecdccde80cac6dd80c9c1d8"><span class="__cf_email__" data-cfemail="2652544750434a43540b434852545f0b5654494154474b556645445608424e5508414950">[email protected]</span></a>. Please use ``Comment on
Declaration Zone Test'' in the subject line of the email.
FOR FURTHER INFORMATION CONTACT: Corey Daboin, Admissibility &
Passenger Programs, Office of Field Operations, U.S. Customs & Border
Protection, at 202-325-1009, or <a href="/cdn-cgi/l/email-protection#becaccdfc8dbd2dbcc93dbd0caccc793ceccd1d9ccdfd3cdfedddcce90dad6cd90d9d1c8"><span class="__cf_email__" data-cfemail="5024223126353c35227d353e2422297d20223f3722313d23103332207e3438237e373f26">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Under existing U.S. Customs and Border Protection (CBP)
regulations, each traveler \1\ entering the United States must 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). The
Declaration Zone test, described below, provides arriving travelers
with an alternative method to meet this requirement by allowing a
demonstrative initial declaration at select cruise terminals at certain
sea ports of entry.
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\1\ For the purposes of this test, a ``traveler'' is any
individual who is subject to the declaration requirements found in
19 CFR part 148 subpart B. Crewmembers, subject to the declaration
requirements found in 19 CFR part 148 subpart G, are not included
within this definition of traveler.
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On August 30, 2021, CBP announced a two-year Declaration Zone Test
(the ``initial test'') which allowed travelers entering the United
States through participating cruise terminals to provide a
demonstrative initial declaration by entering one of two declaration
zone queues, either No Items to Declare or Items to Declare.\2\ At
cruise terminals that do not have declaration zones, all travelers must
enter the same queue and provide an oral or written declaration,
regardless of whether or not the traveler has items to declare.
Declaration zones facilitate the processing of travelers by separating
those who need to go directly to a CBP officer for additional
processing, travelers with items to declare, from those who do not,
travelers with no items to declare. The initial test was limited to
closed loop cruises \3\ participating in the voluntary facial biometric
debarkation (FBD) \4\ program at two sea ports of entry.
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\2\ See 86 FR 48436 (Aug. 30, 2021).
\3\ For the purposes of this test, a closed loop cruise is any
cruise that departs from a U.S. port and visits one or more foreign
ports of call in contiguous territories and/or adjacent islands, as
defined in 8 CFR 286.1, before its return voyage to the same U.S.
port from where it departed.
\4\ FBD and Simplified Arrival are the facial biometric
solutions for processing cruise passengers arriving in the United
States onboard closed loop cruises and open loop cruises,
respectively. Additional information regarding CBP's use of
biometric solutions can be located at <a href="https://www.cbp.gov/travel/biometrics">https://www.cbp.gov/travel/biometrics</a>.
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On October 16, 2023, CBP extended the Declaration Zone Test for an
additional two years and expanded the test (the ``2023 test extension
and expansion'') to include additional sea ports of entry and travelers
who disembark from certain open loop cruises \5\ participating in
Simplified Arrival.\6\ The 2023 test extension and expansion was set to
expire on October 16, 2025.
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\5\ For the purposes of this test, an open loop cruise is any
cruise that is not a closed loop cruise.
\6\ See 88 FR 71372 (Oct. 16, 2023).
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II. Declaration Zone Test: Second Extension and Expansion
This notice extends the 2023 Extension and Expansion of Declaration
Zone Test \7\ beyond its original expiration date of October 16, 2025,
for an additional period of three years. All provisions of the 2023
test extension and expansion, with the exception of the amended
expiration date and the number of locations still available for test
implementation, will remain applicable through the extended period. CBP
invites public comment on any aspect of the Declaration Zone test which
may be submitted via email to <a href="/cdn-cgi/l/email-protection#6f1b1d0e190a030a1d420a011b1d16421f1d00081d0e021c2f0c0d1f410b071c41080019"><span class="__cf_email__" data-cfemail="9befe9faedfef7fee9b6fef5efe9e2b6ebe9f4fce9faf6e8dbf8f9ebb5fff3e8b5fcf4ed">[email protected]</span></a>.
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\7\ Id.
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For convenience, CBP has republished pertinent information from the
previous notices in the following subsections, including the purpose of
the test, a description of the test, eligibility and participation
requirements, CBP's legal authority to conduct this test, a description
of the affected Code of Federal Regulations (CFR) requirements, and the
evaluation criteria for this test.
A. Duration and Purpose of the Extended Test
The purpose of the Declaration Zone Test is to determine the
feasibility of allowing an initial demonstrative declaration as an
acceptable declaration method. The evaluation of the initial testing
period from 2021 to 2023 was significantly limited due to COVID-19-
related disruptions and further limited due to only being available at
two sea ports of entry. The 2023 test extension and expansion allowed
expansion of the test to up to 18 additional sea ports of entry;
however, during the extended testing period, declaration zones were
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only available at six sea ports of entry. Additionally, the Declaration
Zone test did not include open loop cruises in the testing population
until the 2023 test extension and expansion. To effectively evaluate
the feasibility of allowing an initial demonstrative declaration,
including the processing of open loop cruises, it is necessary for CBP
to evaluate the use of declaration zones at additional facilities.
Thus, CBP is extending the testing period to allow additional
facilities to participate that may not have been able to do so
previously. The selected three-year testing period will also allow CBP
to align the expiration of the Declaration Zone test, which covers
arriving vessels, with the Air Declaration Zone test, which covers
arriving aircraft. Since 19 CFR part 148 subpart B does not currently
distinguish between the maritime and air environments, additional
testing will be necessary to determine how to most effectively address
the operational differences of aircraft and vessel debarkation, such as
differences in the collection of baggage and how that might affect
travelers' entry into declaration zones.
The Declaration Zone test was originally scheduled to run for a
period of approximately two years, beginning no earlier than September
27, 2021. The Declaration Zone test was extended and expanded on
October 16, 2023, with a set expiration date of October 16, 2025. For
the reasons described previously, CBP is extending the Declaration Zone
test for an additional three years, ending on October 16, 2028.
Consistent with both the initial test and first extension, expansion
dates may vary at each participating location. While the test is
ongoing, CBP will evaluate the results and determine whether the test
should be extended or otherwise modified. CBP reserves the right to
discontinue this test at any time at CBP's sole discretion. CBP will
announce any modifications by notice in the Federal Register.
B. Description and Procedures of the Test
Within a cruise terminal facility participating in the Declaration
Zone test, two distinct customs declaration zone queues are established
for entering the area where travelers are processed following their
egress from a vessel (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 areas
to ensure traveler compliance. This test solely alters the method of
declaration by allowing an initial demonstrative declaration and does
not modify travelers' existing obligation to accurately declare items
in accordance with CBP regulations. See 19 CFR 148.18, 148.19.
i. 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.
ii. Items To Declare Queue
Travelers with items to declare enter the Items to Declare queue
and present themselves to 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.
iii. 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. See 19 CFR 148.16.
C. Eligibility and Participation Requirements
The Declaration Zone test is limited to closed loop cruises
participating in the voluntary FBD program and to open loop cruises
participating in Simplified Arrival. Additionally, the test is only
available at cruise terminal facilities identified by CBP as having
sufficient space and infrastructure to accommodate queuing for
processing through a Declaration Zone. CBP Headquarters will
communicate with each Field Office and port of entry with cruise
terminal facilities meeting these criteria and advise of the option to
have a Declaration Zone test at their respective terminal(s).
Participating sea ports of entry are listed online at <a href="https://www.cbp.gov/travel/biometrics/locations/seaports">https://www.cbp.gov/travel/biometrics/locations/seaports</a>. Currently, the
Declaration Zone test is conducted at cruise terminals at the Miami Sea
Port, Port Everglades, Port Canaveral, Galveston, Norfolk, and Bayonne
\8\ sea ports of entry. In the extended testing period announced by
this notice, CBP plans to expand the test to include cruise terminals
at up to 14 additional sea ports of entry, which would mean a total of
20 possible participants, consistent with the 20 permitted under the
2023 extension and expansion.
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\8\ Bayonne, New Jersey, is within the limits of the New York,
New York customs port of entry. See 19 CFR 101.3; T.D. 40809 (Apr.
20, 1925).
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D. Authorization for This Test
CBP is authorized to impose requirements different from those
specified in CBP regulations for purposes of conducting a test program
or procedure designed to evaluate the effectiveness of new technology
or operational procedures regarding the processing of passengers,
vessels, or merchandise. See 19 CFR 101.9(a). Test programs must be
limited in scope, time, and application. Waiver or modification of
requirements under existing regulations is permitted so long as the
waiver or modification does not affect the collection of the revenue,
public health, safety, or law enforcement.
This test is authorized under 19 CFR 101.9(a) because it evaluates
the effectiveness of a demonstrative initial declaration as an
alternative to existing declaration requirements. This test is limited
in scope, time, and application because this notice authorizes the
alternative procedure for a period of three years and will only be
applicable to select cruise terminals at certain sea ports of entry.
CBP does not anticipate that this test will affect the collection of
the revenue, public health, safety, or law enforcement.
E. Modification 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
and 2023 notices and extended by this notice provides travelers at
participating cruise terminals with a modified method of satisfying the
oral or written declaration requirements by allowing a demonstrative
initial declaration, as described in Section II.B.
If a traveler enters the No Items to Declare queue and is not
questioned by CBP officers conducting roving operations prior to
exiting the egress area of the facility, the requirement to provide an
oral or written declaration
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under 19 CFR 148.12 or 148.13 will be deemed satisfied for the purposes
of this test. For all other travelers, the initial demonstrative
declaration supplements the requirement to provide an oral and/or
written declaration under 19 CFR 148.12 and 148.13.
Regardless of which declaration zone queue a traveler selects, 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.
F. Evaluation of the Declaration Zone Test
CBP will use the results of this renewed 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.
G. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.,
requires that CBP consider the effect of paperwork and other
information collection burdens imposed on the public, and under the
provisions of 44 U.S.C. 3507(c) and (d), obtain approval from the
Office of Management and Budget for each collection of information it
conducts, sponsors, or requires through regulations. There is no new
collection of information required in this document; thus, the
provisions of the PRA are inapplicable to this test.
Diane J. Sabatino,
Acting Executive Assistant Commissioner, Office of Field Operations,
U.S. Customs and Border Protection.
[FR Doc. 2025-17688 Filed 9-11-25; 8:45 am]
BILLING CODE 9111-14-P
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