[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