Rocis 1651-0009 Ss 2018

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 is testing the operational effectiveness of a process which allows travelers to use a mobile app to submit information to CBP prior to arrival. This process, called Mobile Passport Control (MPC) which is a mobile app that allows travelers to self-segment upon arrival into the United States — a process also known as intelligent queuing. 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. The continued testing 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 is testing 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.

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 and Dutch.

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.

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.

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.

The information required is incidental to the arrival of the traveler. Most 6059B forms are completed either on an aircraft or cruise ship, so electronic transmission would not be feasible.

The Mobile Passport Control (MPC) process begins with the creation and storage of a profile on the user’s mobile device through the MPC application.  The profile includes the traveler’s name, sex, date of birth, and country of citizenship.  Multiple travelers, traveling as a family unit may use the same application and submission.  The preferred method is to have the travelers download the app and complete some of the process before they travel.  The traveler provides answers to CBP questions, takes a self-picture and submits the information after the plane lands.  The information is submitted to CBP through the application; CBP responds back through the application to the traveler, resulting in an electronic receipt which is valid for four hours.  The application is currently available to United States Citizens and Canadians traveling for business or pleasure.  Confirmed travelers receive an electronic receipt to present to a CBP Officer.  The receipt includes an encrypted Quick Response (QR) code that is presented to an authentication reader (similar to a mobile boarding pass) to validate that the receipt is genuine.

The Automated Passport Control (APC) involves travelers using self-service kiosks to answer CBP questions and provide biographic information that appears on Form 6059B.  APC is a free service, does not require pre-registration or membership, and maintains the highest levels of protection when it comes to the handling of personal data or information.  Travelers using APC 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.

This information is not duplicated in any other place or any other form.

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 air/sea passenger revenue collections and lengthen processing time at airports. 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 July 20, 2018 (Volume 83, Page 34602) on which no comments were received, and a 30-day notice published on September 27, 2018 (Volume 83, Page 48837) 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 “Automated Passport Control (APC) and Mobile Passport Control (MPC)” (March 19, 2018); a 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)
APC Terminals	2,310,000	70,000,000	1	70,000,000	2 minutes (.033 hours)
MPC App	16,500	500,000	1	500,000	2 minutes (.033 hours)
Total	5,303,902	337,506,000	1	337,506,000

Public Cost

The estimated cost to the respondents is $231,150,484. This is based on the estimated burden hours for air and sea travelers filing Form 6059B, or electronic equivalent, (4,604,902) multiplied (x) by the average hourly rate ($47.10) = $216,890,884, plus the estimated burden hours for land travelers making verbal declarations (699,000) multiplied (x) by the average hourly rate ($20.40) = $14,259,600.¹

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 $345,444,141. This is based on the number of responses that must be reviewed (337,506,000) multiplied by (x) the time burden to review and process each response (1 minute or 0.016 hours) = 5,400,096 hours multiplied by (x) the average hourly loaded rate for a CBP Officer ($63.97)¹ = $345,444,141.

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

There has been no increase or decrease in the estimated annual burden hours previously reported for this information collection. There is no change to the information being collected.

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 this form due to the large number that are printed and distributed (over 100 million). Also, millions of these forms are stocked at the ports-of-entry and by airlines. CBP will display the date on the APC and MPC screens.

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 CBP bases this wage on the FY 2018 salary and benefits of the national average of CBP Officer positions, which is equal to a GS-12, Step 2. Source: Email correspondence with CBP’s Office of Finance on June 1, 2018.

1 For the purposes of this collection, CBP used the Department of Transportation’s Recommended Hourly Values of Travel Time Savings of U.S. or Foreign Traveler: Travel by sea/air, intercity, for all purposes for the average hourly wage rate of ‘air and sea travelers;’ CBP used the U.S. or Foreign Traveler: Travel by car, intercity, for all purposes for the hourly wage rate of ‘land travelers.’ Source for average hourly wage rates: 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.” September 27, 2016. Available at https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed June 11, 2018. This DOT departmental guidance listed the updated values of time travel in 2015 dollars. CBP assumes an annual growth rate of 0%.

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