[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Rules and Regulations]
[Pages 60943-60944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24523]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 4

[CBP Dec. 08-27]


Countries Whose Pleasure Vessels May Be Issued Cruising Licenses

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations relating to the list of foreign countries whose 
pleasure vessels may be issued U.S. cruising licenses. Pursuant to 
information provided by the British Embassy, the Department of State 
has recommended that CBP update the listing relating to the United 
Kingdom.

DATES: These amendments are effective on October 15, 2008. The changes 
reflected in these amendments became applicable on May 1, 2007.

FOR FURTHER INFORMATION CONTACT: Goli Gharib, Regulations and Rulings, 
Office of International Trade, (202) 572-8851.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4.94(a) of the CBP regulations (19 CFR 4.94(a)), provides 
that U.S. documented vessels with a recreational endorsement, used 
exclusively for pleasure, not engaged in any trade, and not violating 
the customs or navigation laws of the United States, may proceed from 
port to port in the United States or to foreign ports without entering 
or clearing, as long as they have not visited hovering vessels. When 
returning from a foreign port or place, such pleasure

[[Page 60944]]

vessels are required to report their arrival pursuant to Sec.  4.2, CBP 
regulations (19 CFR 4.2).
    Generally, foreign-flag yachts entering the United States are 
required to comply with the laws applicable to foreign vessels arriving 
at, departing from, and proceeding between ports of the United States. 
However, as provided in Sec.  4.94(b), CBP regulations (19 CFR 
4.94(b)), CBP may issue cruising licenses to pleasure vessels from 
certain countries if it is found that yachts of the United States are 
exempt from formal entry and clearance procedures (e.g., filing 
manifests, obtaining permits to proceed and paying entry and clearance 
fees) in those countries.
    If a foreign-flag yacht is issued a cruising license, the yacht, 
for a stated period not to exceed one year, may arrive and depart from 
the United States and to cruise in specified waters of the United 
States without entering and clearing, without filing manifests and 
obtaining or delivering permits to proceed, and without the payment of 
entrance and clearance fees, or fees for receiving manifests and 
granting permits to proceed, duty on tonnage, tonnage tax, or light 
money. Upon arrival at each port in the United States, the master of a 
foreign-flag yacht with a cruising license must report the fact of 
arrival to the appropriate CBP office. A list of countries whose yachts 
are eligible for cruising licenses is set forth in Sec.  4.94(b).
    By an undated letter received on May 1, 2007, the Department of 
State informed the Chief, Cargo Security, Carriers and Immigration 
Branch, CBP, that the British Embassy has advised that the listing for 
Great Britain in Sec.  4.94(b) requires updating. The Department of 
State recommends that the reference in Sec.  4.94(b) for Great Britain 
be revised to read as follows:

    United Kingdom and the Dependencies: the Anguilla Islands, the 
Isle of Man, the British Virgin Islands, the Cayman Islands, and the 
Turks and Caicos Islands.

Additionally, the Department of State recommends that Saint Vincent and 
the Grenadines; and Saint Kitts and Nevis (formerly the Federation of 
Saint Christopher and Nevis) be listed separately from the United 
Kingdom as they are now independent countries.
    The Chief, Cargo Security, Carriers and Immigration Branch has 
found, based on the information provided, that the reciprocity required 
in Sec.  4.94(b) has been established with respect to the above-
referenced countries effective May 1, 2007. Accordingly, under the 
authority of 46 U.S.C. 60504, yachts from the above-referenced 
countries used only for pleasure may arrive at and depart from the 
ports of the United States and cruise in the waters of the United 
States without payment of any duties or fees. The list of countries in 
Sec.  4.94(b) is being revised in this final rule document as discussed 
above. The authority to amend this section of the CBP regulations has 
been delegated to the Chief, Trade and Commercial Regulations Branch, 
Regulations and Rulings, Office of International Trade.

Inapplicability of Notice and Delayed Effective Date

    Because these amendments merely implement a statutory requirement 
and confer a benefit upon the public, CBP has determined that notice 
and public procedure are unnecessary pursuant to section 553(b)(B) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)). Further, 
for the same reasons, good cause exists for dispensing with a delayed 
effective date under section 553(d)(3) of the APA (5 U.S.C. 553(d)(3)).

Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. This amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

Signing Authority

    This document is being issued by CBP in accordance with Sec.  
0.1(b)(1) of the CBP regulations (19 CFR 0.1(b)(1)).

List of Subjects in 19 CFR Part 4

    Customs duties and inspection, Maritime carriers, Vessels, Yachts.

Amendments to the CBP Regulations

0
For the reasons set forth above, part 4 of title 19 of the Code of 
Federal Regulations (19 CFR part 4) is amended as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

0
1. The general authority citation for part 4 and the specific authority 
for Sec.  4.94 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 
2071 note; 46 U.S.C. 501, 60105.
* * * * *
    Section 4.94 also issued under 19 U.S.C. 1441; 46 U.S.C. 60504;
* * * * *


Sec.  4.94  [Amended]

0
2. In Sec.  4.94, the list of countries in paragraph (b) is amended by 
removing the words ``Great Britain (including Turks and Caicos Islands; 
St. Vincent (including the territorial waters of the Northern Grenadine 
Islands), the Cayman Islands, the St. Christopher-Nevis-Anguilla 
Islands and the British Virgin Islands)'' and adding, in appropriate 
alphabetical order, the words ``Saint Vincent and the Grenadines'', 
``Saint Kitts and Nevis,'' and ``United Kingdom and the Dependencies: 
the Anguilla Islands, the Isle of Man, the British Virgin Islands, the 
Cayman Islands, and the Turks and Caicos Islands''.

    Dated: October 9, 2008.
Joanne R. Stump,
Chief, Trade and Commercial Regulations Branch, Regulations and 
Rulings, Office of International Trade.
 [FR Doc. E8-24523 Filed 10-14-08; 8:45 am]
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