[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)] [Rules and Regulations] [Pages 6966-6967] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-2842] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Customs Service 19 CFR Part 4 [T. D. 95-14] Addition of Brazil to the List of Nations Entitled to Special Tonnage Tax Exemption AGENCY: U. S. Customs Service, Department of the Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to information provided by the Department of State, the United States Customs Service has found that Brazil no longer imposes discriminating duties of tonnage or imposts upon vessels belonging to citizens of the United States. Accordingly, vessels of Brazil are exempt from special tonnage taxes and light money in ports of the United States. This document amends the Customs Regulations by adding Brazil to the list of nations whose vessels are exempt from the payment of any higher tonnage duties than are applicable to vessels of the United States and from the payment of light money. EFFECTIVE DATE: The reciprocal privileges for vessels registered in Brazil became effective on September 15, 1994. This amendment is effective February 6, 1995. FOR FURTHER INFORMATION CONTACT: Barbara E. Whiting, Carrier Rulings Branch (202-482-6940). SUPPLEMENTARY INFORMATION: Background Generally, the United States imposes regular and special tonnage taxes, and a duty of a specified amount per ton, called ``light money,'' on all foreign vessels which enter United States ports (46 U.S.C. App. 121, 128). However, vessels of a foreign nation may be exempted from the payment of special tonnage taxes and light money upon presentation of satisfactory proof that no discriminatory duties of tonnage or impost are imposed by that foreign nation on U.S. vessels or their cargoes (46 U.S.C. App. 141). Section 4.22, Customs Regulations (19 CFR 4.22), lists those nations whose vessels have been found to be exempt from the payment of any higher tonnage [[Page 6967]] duties than are applicable to vessels of the United States and from the payment of light money. The authority to amend this section of the Customs Regulations has been delegated to the Chief, Regulations Branch. Brazil was previously included in the list of exempted nations in Sec. 4.22, Customs Regulations (19 CFR 4.22), but the U.S. Department of State informed Customs that U. S. vessels and their cargoes were being charged discriminatory duties in the form of lighthouse fees and a Merchant Marine Renewal Tax by the Government of Brazil. Accordingly, Brazil was removed from the list of exempted nations by means of a final rule published in the Federal Register on March 5, 1993 (58 FR 12538). The Department of State now informs Customs that the Government of Brazil has agreed to exempt vessels of the United States from payment of lighthouse fees, effective September 15, 1994. The Government of Brazil also indicated that it has ended rebates of the Merchant Marine Renewal Tax to Brazilian-registered ships, so that duty is no longer being applied in a discriminatory manner. Finding On the basis of the above-mentioned information from the Department of State regarding the current absence of discriminatory duties of tonnage or impost imposed upon U.S. vessels in the ports of Brazil, the Customs Service has determined that vessels of Brazil are exempt from the payment of the special tonnage tax and light money, effective September 15, 1994. The Customs Regulations are amended accordingly. Inapplicability of Public Notice and Delayed Date Requirements, the Regulatory Flexibility Act and Executive Order 12866 Because this amendment merely implements a statutory requirement and confers a benefit upon the public, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are unnecessary; further, 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 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, U.S. Customs Service. However, personnel from other offices participated in its development. List of Subjects in 19 CFR Part 4 Cargo vessels, Customs duties and inspection, Maritime carriers, Vessels. Amendment to the Regulations Part 4, Customs Regulations (19 CFR Part 4), is amended as set forth below: PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES 1. The authority for Part 4 continues 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 4.22 also issued under 46 U.S.C. App. 121, 128, 141; * * * * * Sec. 4.22 [Amended] 2. Section 4.22 is amended by inserting ``Brazil'' in appropriate alphabetical order. Dated: January 31, 1995. Harold M. Singer, Chief, Regulations Branch. [FR Doc. 95-2842 Filed 2-3-95; 8:45 am] BILLING CODE 4820-02-P