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 (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 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. See19 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 ( printed page 47850) the air terminal facility, unless a roving CBPO engages with the traveler.

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. A CBPO on roving enforcement may affirm traveler compliance with the inspection process and make referrals to secondary inspection as necessary. Travelers referred to secondary inspection may be directed to complete CBP Form 6059-B, if not already completed.

The Air Declaration Zone Test, described below, provides arriving travelers with an alternative method to meet the declaration requirement by allowing a demonstrative initial declaration at select air terminals at certain air POEs. This test, originally announced on July 19, 2024 (the initial test),^[2] allows travelers entering the United States through participating air terminals to provide a demonstrative initial declaration by entering one of two declaration zone queues, either No Items to Declare or Items to Declare. At air terminals that do not have declaration zones, all travelers must enter the same queue and provide an oral or written declaration, regardless of whether the traveler has items to declare. Declaration zones facilitate the processing of travelers by separating those who need to go directly to a CBPO for additional processing, i.e., travelers with items to declare, from those who do not, i.e., travelers with no items to declare. The initial test was conducted at one air POE, Dallas-Fort Worth, Texas. The initial test began approximately August 19, 2024, and was set to expire after approximately two years.

II. Air Declaration Zone Test: Extension

This notice extends the initial test ^[3] beyond its original expiration date for an additional period of two years. All provisions of the initial test, with the exception of the amended expiration date and the number of locations available for test implementation, will remain applicable through the extended period. CBP invites public comment on any aspect of the Air Declaration Zone Test, which may be submitted via email to traveler-entry-programs@cbp.dhs.gov.

For convenience, CBP has republished pertinent information from the initial test notice in the following subsections, including the duration and 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 Air Declaration Zone Test is to determine the feasibility of allowing an initial demonstrative declaration as an acceptable declaration method. Given the limited participation under the initial test, this extension of the Air Declaration Zone Test is necessary to provide CBP with information on how declaration zones could affect inspection procedures at different types of air terminal facilities.

The Air Declaration Zone Test was originally scheduled to run for a period of approximately two years. For the reasons described previously, CBP is extending the Air Declaration Zone Test through October 16, 2028. Consistent with the initial test, 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 to the test by notice in the Federal Register .

B. Description and Procedures of the Test

Within an air terminal facility participating in the Air Declaration Zone Test, two distinct customs declaration zone queues are established at the entrance, or in the area where, travelers are processed following their egress from an aircraft (the egress area): 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 type of air terminal facility (standard, modified egress, or baggage first). Signage is 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 constitutes an initial demonstrative declaration. CBPOs 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. See19 CFR 148.18, 148.19. 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.

i. No Items To Declare Queue

Travelers who determine they have nothing to declare enter the No Items to Declare queue. Depending on the location of the queue in the air terminal facility and the type of air terminal facility, travelers either proceed to primary inspection or proceed through the egress area to the facility exit. CBPOs 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 directed toward or questioned by CBPOs may proceed to the facility exit.

ii. Items To Declare Queue

Travelers with items to declare enter the Items to Declare queue and present themselves to a CBPO to make an oral declaration. The CBPO then considers whether duty is owed by the traveler or if additional inspection is warranted. ( printed page 47851) The CBPO will make a determination and direct the traveler accordingly.

iii. Referral to Secondary Inspection

If a traveler is referred to secondary inspection at any point, CBPOs will follow standard procedures, including collecting an oral and/or written declaration during the referral and inspection. CBPOs will also follow current agency policy on declaration amendment opportunities. See19 CFR 148.16.

C. Eligibility and Participation Requirements

The Air Declaration Zone Test will continue to take place at air POE, Dallas-Fort Worth, Texas, and may also be expanded to other participating locations, at CBP's discretion. All such expansions will be announced on the CBP website, https://www.cbp.gov. All participating locations must assist CBP in the establishment and maintenance of the declaration zones and the display of signage designating and directing travelers to the declaration zones.

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. See19 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. Id.

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 set time period and will only be applicable to certain air POEs. 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 CBPO. See19 CFR 148.12 and 148.13. The Declaration Zone Test provides travelers at participating air 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 CBPOs prior to exiting the egress area of the facility, the requirement to provide an oral or written declaration 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 Air Declaration Zone Test

CBP will use the results of this extended 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:

• 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.

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.

91 FR 47849