10.27.23 MPC+CBP1 Revision SS 1651-0009 U.S. Customs Declaration (Form 6059B)

Supporting Statement

Customs Declaration - CBP Form 6059B

1651-0009

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

CBP Form 6059B, Customs Declaration, is used as a standard report of the identity and residence of each person arriving in the United States. This form is also used to declare imported articles to U.S. Customs and Border Protection (CBP) in accordance with 19 CFR 122.27, 148.12, 148.13, 148.110, 148.111; 31 U.S.C. 5316 and Section 498 of the Tariff Act of 1930, as amended (19 U.S.C. 1498).

Section 148.13 of the CBP regulations prescribes the use of the CBP Form 6059B when a written declaration is required of a traveler entering the United States. Generally, written declarations are required from travelers arriving by air or sea. Section 148.12 requires verbal declarations from travelers entering the United States. Generally, verbal declarations are required from travelers arriving by land.

CBP continues to find ways to improve the entry process through the use of mobile technology to ensure it is safe and efficient. To that end, CBP has deployed a process which allows travelers to use a mobile app to submit information to CBP prior to arrival in domestic locations and prior to departure at preclearance locations. This process, called Mobile Passport Control (MPC) allows travelers to self-segment upon arrival into the United States or departing a preclearance location. The MPC process also helps determine under what circumstances CBP should require a written customs declaration (CBP Form 6059B) and when it is beneficial to admit travelers who make an oral customs declaration during the primary inspection. MPC eliminates the administrative tasks performed by the officer during a traditional inspection and in most cases will eliminate the need for respondents/travelers to fill out a paper declaration.  MPC provides a more efficient and secure in person inspection between the CBP Officer and the traveler. 

Another electronic process that CBP has in lieu of the paper 6059B is the Automated Passport Control (APC). This is a CBP program that facilitates the entry process for travelers by providing self-service kiosks in CBP’s Primary Inspection area that travelers can use to make their declaration.

Both APC and MPC allow an electronic method for travelers to answer the questions that appear on form 6059B without filling out a paper form. APC program will continue to collect this information until the program is terminated on September 30, 2023.

A sample of CBP Form 6059B can be found at:

https://www.cbp.gov/newsroom/publications/forms?title=6059.

This collection is available in the following languages: English, French, Vietnamese, German, Italian, Japanese, Korean, Polish, Portuguese, Russian, Chinese, Hebrew, Spanish, Dutch, Arabic, Farsi, and Punjabi.

New Change:

APC Program Termination:

The Automated Passport Control (APC) program is terminated as of September 30, 2023. Termination of the APC program will allow CBP passenger processing to streamline into a single Simplified Arrival workflow without need for interacting with a kiosk. The removal of the kiosk space will also provide additional queueing space for travelers that will utilize MPC to expedite their entry process into the United States.

MPC Expansion:

Mobile Passport Control (MPC) program will expand to include U.S. Legal permanent residents (LPR) and Visa Waiver Program (VWP) country visitors arriving for their second visit to the United States. The Automated Passport Control (APC) program previously captured this population, and CBP is now expanding the MPC program to be used by these populations. U.S. LPRs are eligible for SA’s photo biometric confirmation upon arrival into the United States. Other classes of admission eligible for SA’s photo biometric confirmation will be considered for MPC inclusion as a future update.

CBP One^TM Mobile Application:

A new mobile application testing the operational effectiveness of a process which allows travelers to use a mobile application to submit information to CBP, in advance, prior to arrival. This second mobile capability is under the current CBP One^TM application which is a platform application that serves as a single portal for travelers and stakeholders to virtually interact with CBP. The CBP One^TM application will also allow travelers to self-segment upon arrival at land borders in the United States.

Similar to the MPC application, the CBP One^TM application eliminates the administrative tasks performed by the officer during a traditional inspection and in most cases will eliminate the need for respondents/travelers to fill out a paper declaration.  In addition, the CBP One^TM application will also provide a more efficient and secure in person inspection between the CBP Officer and the traveler at the land border.

Unique to the CBP One^TM application is that while the MPC submission is completed upon arrival, the CBP One^TM application must be submitted in advance and will require the additional data elements:

1. Traveler Identify the Port of Entry (POE)

2. Time and/or date of arrival.

In addition, like the MPC application, travelers will provide their answers to CBP’s questions, take a self-picture/selfie and submit the information via the CBP One^TM application, after the plane lands. This will allow for advance vetting and proper resource management at the POE. This capability through the CBP One^TM application is available to all travelers arriving with authorized travel documents, including foreign nationals.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The information required is incidental to the arrival of the traveler. The information will be collected from the traveler in advanced and/or upon arrival, whether orally in primary or in written form in the secondary area.

CBP Form 6059B facilitates CBP’s enforcement of various import laws relating to duties, agricultural products, endangered species, and the currency reporting laws. Also, this form allows CBP to be selective in its inspection procedures thereby freeing CBP Officers from closely questioning all travelers or examining their baggage. This reduction in the need for extensive questioning and/or the physical examination of baggage is also a benefit to the traveler.

The MPC collections allow an electronic method for travelers to answer the questions that appear on form 6059B without filling out a paper form.

The CBP One^TM Mobile application is unique in that while the MPC submission is completed upon arrival, the information submitted through the CBP One^TM application must be submitted in advance, prior to the traveler’s arrival. Travelers opting to use the CBP One^TM mobile application, begin the process by submitting their email or telephone number and password, creating an authenticated login credential through login.gov. Once the traveler gains access to the application using their approved login, user profile information will be created and stored on the traveler’s mobile device in the CBP One^TM application.  The user profile information includes similar information, found in the travel’s U.S./Canadian passport or U.S. legal permanent resident (LPR) card, as requested on the MPC application:

1. Traveler Name

2. Sex

3. Date of Birth

4. Country of Citizenship

Unique to the CBP One^TM application is that while the MPC submission is completed upon arrival, the CBP One^TM application must be submitted in advance and will require the additional data elements:

1. Traveler Identify the Port of Entry (POE)2. Time and/or date of arrival.

Multiple travelers traveling in the one group and multiple travelers traveling as a family unit, may use the same application and submission.

This will allow for advance vetting and proper resource management at the POE. In addition, this capability through the CBP One^TM application is available to all travelers arriving with authorized travel documents, including foreign nationals.

CBP conducted users testing on the mobile application from July 19th – 27^th.  Since the application has not been deployed to stakeholders the user testing included information technology specialists, program managers and Officers in the field.  Overall, the feedback was the interface was intuitive and user friendly.  However, some suggestions were made regarding making verbiage changes specifically to differentiate this capability from others.  For example, the application had “Report My Arrival” and “I Have Arrived”.  Although it was intended to differentiate between an advance notice and an immediate notice of arrival, user testing highlighted this would cause confusion for users.  Verbiage has been modified to more clearly define this use case as an notice prior to arrival.  

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

CBP continues to find ways to improve the entry process using exploring options using kiosks and mobile technology, and ensuring it is safe and efficient; Continued testing helps CBP determine under what circumstances warrant a written customs declaration (CBP Form 6059B) and when it is beneficial to admit travelers who make an oral customs declaration during the primary inspection.

To that end, CBP allows travelers to submit information to CBP, prior to and upon the traveler’s arrival using the following options available to them:

Mobile Passport Control (MPC) is a mobile application that allows travelers to self-segment upon arrival into the United States. The submission of information in advance using MPC allows CBP to direct travelers to the appropriate queue in primary or self-segment directly to secondary if additional inspection is necessary. MPC eliminates the administrative tasks performed by the officer during a traditional inspection and in most cases will eliminate the need for respondents/travelers to fill out a paper declaration.  Administrative tasks include taking a photo of each traveler in a family group for biometric confirmation. With MPC the selfie photos of all family members in a traveling group are submitted directly into Simplified Arrival. MPC provides a more efficient and secure in person inspection between the CBP Officer and the traveler. 

The MPC allows an electronic method for travelers to answer the questions that appear on form 6059B without filling out a paper form.

The CBP One^TM mobile application is similar to MPC, in that the CBP One^TM application eliminates the administrative tasks performed by the officer during a traditional inspection and in most cases will eliminate the need for respondents/travelers to fill out a paper declaration. The CBP One^TM application is unique in that while the MPC submission is completed upon arrival, the CBP One application must be submitted in advance and will require the additional data elements. This will allow for advance vetting and proper resource management at the POE. The CBP One^TM application is a free service and maintains the highest levels of protection when it comes to the handling of personal data or information.  Travelers using the CBP One^TM application may also experience shorter wait times, less congestion, and faster processing.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

No duplication of information exists for the MPC program.

This information is not duplicated in any other place or any other form as the MPC application is not currently available for travelers arriving at land POEs.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

This information collection does not have an impact on small businesses or other small entities.

6. Describe consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently.

If this collection were conducted less frequently, CBP would lose control of land passenger revenue collections and lengthen processing time at land borders. CBP would also be less effective in its effort to support agricultural quarantines.

7. Explain any special circumstances.

This information is collected in a manner consistent with the guidelines of 5 CFR 1320.5(d)(2).

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Public comments were solicited through two Federal Register including a 60-day notice published on March 03, 2023 (88, 13452) on which no comments were received, and a 30-day notice published on October 27, 2023 (88, 73867) on which no comments have been received.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

There is no offer of a monetary or material value for this information collection.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

A Privacy Impact Assessment (PIA) entitled PTA, CBP MPC – SA Ingestion (Expansion Locations and Classes), 20230216, PRIV Final SORN entitled “U.S. Customs and Border Protection TECS (December 19, 2008, 73 FR 77778); and a SORN entitled “Border Crossing Information” (December 13, 2016, 81 FR 89957) are included in this information collection request. There are no assurances of confidentiality provided to respondents.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the annual hour burden of the collection of information.

INFORMATION COLLECTION	TOTAL ANNUAL BURDEN HOURS	NO. OF RESPONDENTS	NO. OF RESPONSES PER RESPONDENT	TOTAL RESPONSES	TIME PER RESPONSE
Customs Declarations (Form 6059B)	2,278,402	34,006,000	1	34,006,000	4 minutes (.067 hours)
Verbal Declarations	699,000	233,000,000	1	233,000,000	10 seconds (.003 hours)
MPC App	115,500	3,500,000	1	3,500,000	2 minutes (.033 hours)
CBP OneTM App	16,500	500,000	1	500,000	2 minutes (.033 hours)
Total	3,109,402	271,006,000	1	271,006,000

Public Cost

The total estimated cost to the respondents is $127,789,534. This is based on the combined estimated costs for air and sea travelers filing Form 6059B, or electronic equivalent ($113,529,934), plus the estimated costs for land travelers making verbal declarations ($14,259,600) = $127,789,534.

The estimated cost to the respondents is $113,529,934,592. This is based on the estimated burden hours (2,410,402) multiplied by (x) the average hourly wage rate for all-purpose air and high-speed rail travelers ($47.10). CBP used the U.S. Department of Transportation’s (DOT) recommended hourly value of travel time savings for intercity, all-purpose travel by air and high-speed rail, which is provided in 2015 U.S. dollars. CBP assumes an annual growth rate of 0 percent; the 2015 U.S. dollar value is equal to the 2020 U.S. dollar value.¹

The estimated cost to the respondents is $14,259,600. This is based on the estimated burden hours (699,000) multiplied by (x) the average hourly wage rate for all-purpose car travelers ($20.40). CBP used the U.S. Department of Transportation’s (DOT) recommended hourly values of travel time savings for intercity, all-purpose travel by surface modes, which are provided in 2015 U.S. dollars. CBP assumes an annual growth rate of 0 percent; the 2015 U.S. dollar value is equal to the 2020 U.S. dollar value.²

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information.

There are no record keeping, capital, start-up or maintenance costs associated with this information collection.

14. Provide estimates of annualized cost to the Federal Government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

The estimated annual cost to the Federal Government associated with the review of these records is $284,101,010. This is based on the number of responses that must be reviewed (271,006,000) multiplied by the time burden to review and process each response (1 minute or 0.016 hours) = 4,336,096 hours multiplied by the average hourly loaded rate for a CBP Officer ($65.52)³ = $284,101,010.

15. Explain the reasons for any program changes or adjustments reported in Items 12 or 13 of this Statement.

Coinciding with FY 24 DHS Burden Reduction Initiative, there has been a decrease in the total estimated annual burden hours previously reported for this information collection.

Due to the termination of the APC program, CBP is removing its associated collection burden of 2,310,000 annual hours.

CBP is expanding the MPC program to include U.S. Legal permanent residents (LPR) and Visa Waiver Program (VWP) country visitors arriving for their second visit to the United States; the number of respondents has increased by 3,000,000 and the annual burden hours has increased from 16,500 hours to 115,500 hours annually.

Additionally, CBP is allowing travelers entering by land, to submit advance traveler information to CBP via the new collection tool: CBP One^TM mobile application. CBP plans to test the app capabilities on a limited respondent group before expanding to a larger respondent group; the number of respondents increases by 500,000 and adds 16,500 hours annually to the collection.

Despite the expansion of the MPC program and the addition of CBP One advanced submission capability for land travelers, the APC program termination reduces the total public burden for this collection from its previously reported 5,303,902 hours down to 3,109,402, a total reduction of 2,194,500 hours on public burden.

16. For collection of information whose results will be published, outline plans for tabulation, and publication.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date, explain the reasons that displaying the expiration date would be inappropriate.

CBP cannot display the expiration date on the written declaration, due to the large number of forms that are printed and distributed (over 100 million). Additionally, millions of these forms are stocked at the ports-of-entry and by airlines.

CBP will display the expiration date on the CBP One^TM application.

18. “Certification for Paperwork Reduction Act Submissions.”

CBP does not request an exception to the certification of this information collection.

2. Collection of Information Employing Statistical Methods

No statistical methods were employed.

1 Source: U.S. Department of Transportation, Office of Transportation Policy. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations Revision 2 (2016 Update), “Table 4 (Revision 2 - 2016 Update): Recommended Hourly Values of Travel Time Savings for Intercity, All-Purpose Travel by Air and High-Speed Rail.” September 27, 2016. Available at https://www.transportation.gov/sites/dot.gov /files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed June 12, 2020.

2 Source: U.S. Department of Transportation, Office of Transportation Policy. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations Revision 2 (2016 Update), “Table 4 (Revision 2 - 2016 Update): Recommended Hourly Values of Travel Time Savings for Intercity, All Purpose Travel by Surface Modes (except High-Speed Rail).” September 27, 2016. Available at https://www.transportation.gov/sites/dot.gov /files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed June 12, 2020.

3 CBP bases this wage on the FY 2020 salary and benefits of the national average of CBP Officer Positions, which is equal to a GS-11, Step 7. Source: Email correspondence with CBP’s Office of Finance on July 2, 2020.

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