Pleasure Vessels of Malta Entitled To Cruising Licenses

Issuing agencies

Abstract

This document amends U.S. Customs and Border Protection (CBP) regulations by adding the Republic of Malta (Malta) to the list of countries whose pleasure vessels may be issued U.S. cruising licenses. The U.S. Department of State has notified CBP that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from Maltese ports, and to cruise in Maltese waters without complying with formal entry and clearance procedures. Therefore, CBP is extending reciprocal cruising privileges to Maltese-flagged pleasure vessels.

Full Text

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<title>Federal Register, Volume 91 Issue 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Rules and Regulations]
[Pages 68028-68030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22089]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 4

[CBP Dec. 26-18]
RIN 1651-AB68


Pleasure Vessels of Malta Entitled To Cruising Licenses

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

ACTION: Final rule.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations by adding the Republic of Malta (Malta) to the list of 
countries whose pleasure vessels may be issued U.S. cruising licenses. 
The U.S. Department of State has notified CBP that yachts used and 
employed exclusively as pleasure vessels and belonging to any resident 
of the United States are allowed to arrive at and depart from Maltese 
ports, and to cruise in Maltese waters without complying with formal 
entry and clearance procedures. Therefore, CBP is extending reciprocal 
cruising privileges to Maltese-flagged pleasure vessels.

DATES: This amendment is effective October 29, 2026. These reciprocal 
privileges became applicable for Malta as of June 10, 2026.

FOR FURTHER INFORMATION CONTACT: W. Richmond Beevers, Chief, Cargo

[[Page 68029]]

Security, Carriers and Restricted Merchandise Branch, Regulations and 
Rulings, Office of Trade, (202) 325-0084, 
<a href="/cdn-cgi/l/email-protection#3f5c5c4d5d4d5e515c575c5052525a514b4c7f5c5d4f115b574c11585049"><span class="__cf_email__" data-cfemail="4b28283929392a252823282426262e253f380b28293b652f2338652c243d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 46 U.S.C. 60504, the Secretary of Homeland Security 
(Secretary) may allow foreign-flagged yachts used only for pleasure to 
arrive at and depart from U.S. ports and cruise in U.S. waters without 
paying any duties or fees, provided that the President is satisfied 
that the foreign country allows yachts owned by U.S. residents and used 
only for pleasure to arrive at and depart from its ports and cruise in 
its waters without entering, clearing, or paying any duties or fees. 
The statute also provides the Secretary discretion to require foreign 
yachts to obtain cruising licenses and to prescribe the form and 
conditions of those licenses. See 46 U.S.C. 60504; Public Law 109-304, 
9(b), 120 Stat. 1485, 1680-81 (2006).
    The Secretary has delegated to the Commissioner of CBP the 
authority to prescribe and approve cruising licenses for foreign 
countries under section 4.94(b) of title 19 of the Code of Federal 
Regulations (CFR). See DHS Delegation No. 07010.3, Revision 03.2. 
Accordingly, CBP has promulgated regulations governing cruising 
privileges for U.S. and foreign pleasure vessels. Section 4.94(a) of 
title 19 of the CFR 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 clearing, and is not subject to entry upon its 
arrival in the United States, as long as they have not visited hovering 
vessels, received merchandise while in the customs waters beyond the 
territorial sea, or received merchandise while on the high seas. When 
returning from a foreign port or place, such pleasure vessels are 
required to report their arrival pursuant to 19 CFR 4.2.
    Generally, foreign-flagged 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. 
See section 433 of the Tariff Act of 1930, as amended (19 U.S.C. 1433). 
However, 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. See 19 CFR 4.94(b).
    To obtain a cruising license, the owner of a foreign-flagged yacht 
must file an application with a port director. 19 CFR 4.94(c). If CBP 
issues a foreign-flagged yacht a cruising license, the yacht may arrive 
at and depart from the United States and 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 certain fees. Id. Such fees include entrance and 
clearance fees, fees for receiving manifests and granting permits to 
proceed, duty on tonnage, tonnage tax, or light money. Id. A port 
director may issue a cruising license for a period not to exceed one 
year. Id. Upon arrival at each port in the United States, the master of 
a foreign-flagged yacht with a cruising license must report the fact of 
arrival to the appropriate CBP office. Id. Section 4.94(b) sets forth 
the list of countries whose yachts are eligible for cruising licenses.
    By diplomatic note dated February 4, 2026, the Embassy of the 
Republic of Malta, in Washington, DC, informed the Department of State 
that Malta allows yachts from the United States, used exclusively as 
pleasure vessels and belonging to any resident of the United States, to 
arrive at and depart from Maltese ports, and to cruise in the waters of 
Malta without entering and clearing Maltese Customs and without the 
payment of any related charges for entry or clearance, dues, duty per 
ton, tonnage, taxes, or charges for a cruising license. By letter dated 
June 10, 2026, the Department of State advised the Chief, Cargo 
Security, Carriers and Restricted Merchandise Branch, CBP, that the 
Maltese treatment of U.S. pleasure vessels in Maltese waters appears to 
satisfy the conditions for reciprocal privileges and therefore 
recommended that Malta be added to the list of countries under the 
provisions of 19 CFR 4.94(b).
    The Chief, Cargo Security, Carriers and Restricted Merchandise 
Branch, has determined that satisfactory evidence has been furnished to 
grant the reciprocal privileges allowed under 19 CFR 4.94(b), effective 
June 10, 2026. Accordingly, under the authority of 46 U.S.C. 60504, 
Maltese-flagged yachts used only for pleasure may proceed from port to 
port in the United States or to foreign ports without clearing and are 
not subject to entry upon arrival at a U.S. port, including the payment 
of any duties or fees. This final rule revises the list of countries in 
19 CFR 4.94(b) to include Malta for the above reasons.

Administrative Procedure Act

    CBP has initiated this rulemaking pursuant to an exchange of 
diplomatic notes between the U.S. Department of State and the Embassy 
of the Republic of Malta. This rule implements the reciprocal cruising 
privileges established through that diplomatic exchange. Therefore, 
this amendment involves a foreign affairs function of the United States 
and is being made without notice or public procedure under 5 U.S.C. 
553(a)(1). For the same reason, the 30-day delayed effective date does 
not apply under 5 U.S.C. 553(a)(1).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Because no 
notice of proposed rulemaking is required for this rule, CBP is not 
required to prepare a regulatory flexibility analysis for this rule.

Signing Authority

    Pursuant to 46 U.S.C. 60504, the Secretary of Homeland Security has 
the authority to issue cruising licenses for foreign pleasure vessels 
and promulgate regulations related to those cruising licenses under 19 
CFR 4.94. This regulation is being issued in accordance with Department 
of Homeland Security Delegation 07010.3, Revision 03.2, which delegates 
to the Commissioner of CBP the authority to prescribe and approve 
cruising licenses for foreign countries under 19 CFR 4.94(b).
    Rodney S. Scott, Commissioner, having reviewed and approved this 
document, has delegated the authority to electronically sign this 
document to Susan S. Thomas, the Executive Assistant Commissioner, 
Office of Trade, for purposes of publication in the Federal Register.

List of Subjects in 19 CFR Part 4

    Exports, Freight, Harbors, Maritime carriers, Oil pollution, 
Reporting and recordkeeping requirements, Vessels.

Amendment to the Regulations

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

[[Page 68030]]

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

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

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1415, 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;
* * * * *

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2. In Sec.  4.94, amend the list of countries in paragraph (b) by 
adding, in appropriate alphabetical order, ``Malta'' to read as 
follows:


Sec.  4.94   Yacht privileges and obligations.

* * * * *
    (b) * * *
    Malta
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Susan S. Thomas,
Executive Assistant Commissioner, Office of Trade, U.S. Customs and 
Border Protection.
[FR Doc. 2026-22089 Filed 10-28-26; 8:45 am]
BILLING CODE 9111-14-P


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