[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18984]
[[Page Unknown]]
[Federal Register: August 4, 1994]
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DEPARTMENT OF THE TREASURY
19 CFR Part 4
[T.D. 94-63]
Addition of Italy to the List of Countries Entitled to Reciprocal
Cruising Licenses for its Pleasure Vessels
AGENCY: Customs Service, Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations by adding Italy
to the list of countries whose pleasure vessels may be issued U.S.
cruising licenses. Customs has been informed that yachts used and
employed exclusively as pleasure vessels belonging to any U.S. resident
are allowed to arrive at and depart from Italian ports and cruise in
the waters of Italy without being subjected to formal entry and
clearance procedures. Therefore, Customs is extending reciprocal entry
and clearance procedures to Italian-flag pleasure vessels.
EFFECTIVE DATE: These reciprocal privileges became effective for Italy
on March 11, 1994. This amendment is effective August 4, 1994.
FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carrier Rulings
Branch, 202-482-6940.
SUPPLEMENTARY INFORMATION:
Background
Section 4.94(a), Customs Regulations (19 CFR 4.94(a)), provides
that U.S. documented vessels with a recreational endorsement, that are
used exclusively for pleasure and not engaged in any trade and that do
not violate the U.S. Customs or navigation laws, may proceed from port
to port in the U.S. or to foreign ports without entering and clearing,
provided they have not visited a hovering vessel. However, when
returning from a foreign port or place, such pleasure vessels are
required to report their arrival pursuant to Sec. 4.2, Customs
Regulations (19 CFR 4.2).
Foreign-flag yachts entering the U.S. are generally required to
comply with the laws applicable to foreign vessels arriving at,
departing from, and proceeding between ports of the U.S. See, for
example, Sec. 433, Tariff Act of 1930, as amended (19 U.S.C. 1433).
However, Sec. 4.94(b), Customs Regulations (19 CFR 4.94(b)), provides
that pleasure vessels from certain countries found to exempt U.S.
pleasure vessels from certain formal Customs procedures may be issued
cruising licenses that reciprocally exempt them from similar, U.S.
formal entry and clearance procedures (e.g., filing manifests,
obtaining permits to proceed, and paying entry and clearance fees).
Then, upon arrival at each U.S. port of entry, the masters of such
licensed vessels simply report the fact of arrival to the appropriate
Customs office. Also, yachts or pleasure vessels not carrying
passengers or merchandise in trade are exempt from paying tonnage tax
and light money pursuant to Sec. 4.21(b)(5), Customs Regulations (19
CFR 4.21(b)(5)). The list of such countries that have been granted
reciprocal customs privileges is set forth at Sec. 4.94(b).
By diplomatic note dated January 20, 1994, the Embassy of Italy, in
Washington, D.C., informed the Department of State that Italy allows
U.S. yachts and other pleasure boats to arrive at and depart from
Italian ports and to cruise without payment of import duties or taxes
and free of import prohibitions and restrictions, subject to re-
exportation and certain other conditions. By letter dated March 7,
1994, the Department of State advised the Chief, Carrier Rulings
Branch, U.S. Customs Service, that the Italian treatment of U.S.
pleasure vessels in Italian waters appeared to satisfy the conditions
for reciprocal customs privileges and recommended that Italy be added
to the list of countries under the provisions of 19 CFR 4.94(b). The
Director, International Trade Compliance Division, is of the opinion
that satisfactory evidence has been furnished to grant the reciprocal
privileges allowed under Sec. 4.94(b), effective March 11, 1994, and
requested that Italy be added to the list of countries enumerated at
Sec. 4.94(b).
Authority to amend this section of the Customs Regulations has been
delegated to the Chief, Regulations Branch.
Inapplicability of Public Notice and Comment Requirements, Delayed
Effective Date Requirements, the Regulatory Flexibility Act, and
Executive Order 12866
Because this amendment merely reflects a statutory requirement that
confers a benefit upon the public, pursuant to 5 U.S.C. 553(b)(B),
notice and public procedure thereon are not required. Furthermore, for
the same reasons, good cause exists for dispensing with a delayed
effective date under 5 U.S.C. 553(d) (1) and (3).
Since this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This amendment does not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
Drafting Information
The principal author of this document was Janet L. Johnson,
Regulations Branch. However, personnel from other offices of the
Customs Service participated in its development.
List of Subjects in 19 CFR Part 4
Customs duties and inspection, Exports, Freight, Harbors, Maritime
Carriers, Oil pollution, Reporting and recordkeeping requirements,
Vessels.
Amendment to the Customs Regulations
To reflect the reciprocal privileges granted to vessels registered
in Italy, Part 4, Customs Regulations (19 CFR Part 4), is amended as
set forth below:
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
1. The general authority citation for Part 4 and the specific
authority citation for Sec. 4.94 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624;
46 U.S.C. App. 3, 91;
* * * * *
Section 4.94 also issued under 19 U.S.C. 1441, 46 U.S.C. App. 104;
* * * * *
Sec. 4.94 [Amended]
2. In Sec. 4.94, paragraph (b) is amended by inserting, in
appropriate alphabetical order, ``Italy'' in the list of countries.
Dated: July 28, 1994.
Harold Singer,
Chief, Regulations Branch.
[FR Doc. 94-18984 Filed 8-3-94; 8:45 am]
BILLING CODE 4820-02-P
