Vessels in Foreign and Domestic Trades

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