[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Rules and Regulations]
[Pages 68066-68067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28472]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 4

[CBP Dec. 11-21]


Addition of the Cook Islands to the List of Nations Entitled to 
Special Tonnage Tax Exemption

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State has informed U.S. Customs and Border 
Protection (CBP) that discriminating or countervailing duties are not 
imposed by the government of the Cook Islands on vessels owned by 
citizens of the United States. Accordingly, vessels of the Cook Islands 
are exempt from special tonnage taxes and light money in ports of the 
United States. This document amends the CBP regulations by adding the 
Cook Islands to the list of nations whose vessels are exempt from 
payment of any higher tonnage duties than are applicable to vessels of 
the United States and from the payment of light money.

DATES: This amendment is effective November 3, 2011. The exemption from 
special tonnage taxes and light money

[[Page 68067]]

for vessels registered in the Cook Islands became applicable on August 
22, 2011.

FOR FURTHER INFORMATION CONTACT: George F. McCray, Chief, Cargo 
Security, Carriers and Immigration Branch, Regulations and Rulings, 
Office of International Trade, (202) 325-0082.

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 U.S. ports (46 U.S.C. 
60302-60303). However, vessels of a foreign country may be exempted 
from the payment of special tonnage taxes and light money upon 
presentation of satisfactory proof that the government of that foreign 
country does not impose discriminatory or countervailing duties to the 
disadvantage of the United States (46 U.S.C. 60304).
    Section 4.22, U.S. Customs and Border Protection (CBP) regulations 
(19 CFR 4.22), lists those countries whose vessels have been found to 
be 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. 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.
    By letter dated August 22, 2011, the Department of State informed 
CBP that the government of the Cook Islands does not impose 
discriminating or countervailing duties on vessels owned by citizens of 
the United States. Accordingly, the Department of State recommended 
that the Cook Islands be added to the list of countries whose vessels 
are exempt from special tonnage taxes and light money in ports of the 
United States, effective August 22, 2011.

Finding

    On the basis of the above-mentioned information from the Department 
of State regarding the absence of discriminating or countervailing 
duties imposed by the government of the Cook Islands on vessels owned 
by citizens of the United States, CBP considers vessels of the Cook 
Islands to be exempt from the payment of special tonnage tax and light 
money, effective August 22, 2011. The CBP regulations are amended 
accordingly.

Inapplicability of Notice and Delayed Effective Date

    Because this amendment merely implements a statutory requirement 
and confers 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

    Cargo vessels, Customs duties and inspection, Maritime carriers, 
Vessels.

Amendment to the CBP Regulations

    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.  4.22 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 4.22 also issued under 46 U.S.C. 60301, 60302, 60303, 
60304, 60305, 60306, 60312, 60503;

* * * * *


Sec.  4.22  [Amended]


0
2. Section 4.22 is amended by adding the ``Cook Islands'' in 
appropriate alphabetical order.


    Dated: October 28, 2011.
Joanne Roman Stump,
Chief, Trade and Commercial Regulations Branch, Regulations and 
Rulings, Office of International Trade.
[FR Doc. 2011-28472 Filed 11-2-11; 8:45 am]
BILLING CODE 9111-14-P