[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: 94-18985]
[[Page Unknown]]
[Federal Register: August 4, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 4
[T.D. 94-62]
Vessels in Foreign and Domestic Trades
AGENCY: Customs Service, Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to include Malta
in the lists of nations which permit vessels of the United States to
transport certain articles specified in section 27, Merchant Marine Act
of 1920, as amended, between their ports. This amendment will provide
reciprocal privileges for vessels of Maltese registry.
Customs has been furnished with satisfactory evidence that Malta
places no restrictions on the transportation of certain specified
articles by vessels of the U.S. between ports in that country.
EFFECTIVE DATES: The reciprocal privileges for vessels registered in
Malta became effective on May 27, 1994. This amendment is effective
August 4, 1994.
FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carrier Rulings
Branch, at 202-482-6940.
SUPPLEMENTARY INFORMATION:
Background
Section 27, Merchant Marine Act of 1920, as amended (46 U.S.C. App.
883), provides generally that no merchandise shall be transported by
water, or by land and water, between points in the United States except
in vessels built in and documented under the laws of the United States
and owned by U.S. citizens. However, the sixth proviso of the Act, as
amended, provides that upon a finding by the Secretary of the Treasury,
pursuant to information obtained and furnished by the Secretary of
State, that a foreign nation does not restrict the transportation of
certain articles between its ports by vessels of the United States,
reciprocal privileges will be accorded to vessels of that nation, and
the prohibition against transportation of those articles between points
in the U. S. will not apply to its vessels.
In accordance with the Act, the Customs Service has listed in
Sec. 4.93(b)(1) of the Customs Regulations (19 CFR 4.93(b)(1)) those
nations found to extend reciprocal privileges to vessels of the United
States for the transportation of empty cargo vans, empty lift vans, and
empty shipping tanks. Those nations found to grant reciprocal
privileges to vessels of the United States for the transportation of
equipment for use with cargo vans, lift vans, and shipping tanks; empty
barges specifically designed for carriage aboard a vessel; empty
instruments of international traffic; and certain stevedoring equipment
and material, are listed in Sec. 4.93(b)(2) of the Customs Regulations
(19 CFR 4.93(b)(2)).
The authority to amend this section of the Customs Regulations has
been delegated to the Chief, Regulations Branch.
Finding
By letter dated May 21, 1994, accompanied by a copy of a
communication from the Embassy of Malta, the Department of State
advised that Malta places no restrictions on the transportation of the
articles listed in the Act by vessels of the United States between
Maltese ports.
On the basis of information received from the Department of State
and the Embassy of Malta, it has been determined that Malta places no
restrictions on the transportation of the articles specified in section
27 of the Merchant Marine Act of 1920, as amended (46 U.S.C. App. 883),
by vessels of the United States. Therefore, appropriate reciprocal
privileges are accorded to vessels of Maltese registry as of May 27,
1994.
This document amends the regulations accordingly.
Inapplicability of Public Notice and Delayed Effective Date
Requirements
Because this amendment merely implements a statutory requirement
and involves a matter in which the public is not particularly
interested, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure
thereon are unnecessary. Furthermore, for the same reasons, good cause
exists for dispensing with a delayed effective date under 5 U.S.C.
553(d)(1).
Inapplicability of the Regulatory Flexibility Act and Executive
Order 12866
This document is not subject to the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). That Act does not apply to any
regulations such as this for which a notice of proposed rulemaking is
not required by the Administrative Procedure Act (5 U.S.C. 551 et seq.)
or any other statute.
This document 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 Johnson,
Regulations Branch, U. S. Customs Service. 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 Malta, Part 4, Customs Regulations (19 CFR Part 4), is amended as
follows:
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
1. The general authority for Part 4 and the specific authority for
Sec. 4.93 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 4.93 also issued under 19 U.S.C. 1322(a), 46 U.S.C. App.
883;
* * * * *
Sec. 4.93 [Amended]
2. Section 4.93(b) (1) and (2) is amended by adding ``Malta'' in
alphabetical order in the lists of countries under those paragraphs.
Dated: July 28, 1994.
Harold Singer,
Chief, Regulations Branch.
[FR Doc. 94-18985 Filed 8-3-94; 8:45 am]
BILLING CODE 4820-02-P
