[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