97-14409. Update of Ports Subject to the Harbor Maintenance Fee  

  • [Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
    [Rules and Regulations]
    [Pages 30448-30455]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-14409]
    
    
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    DEPARTMENT OF THE TREASURY
    
    Customs Service
    
    19 CFR Part 24
    
    [T.D. 97-45]
    RIN 1515-AA57
    
    
    Update of Ports Subject to the Harbor Maintenance Fee
    
    AGENCY: Customs Service, Department of the Treasury.
    
    ACTION: Interim regulation; solicitation of comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Commercial vessels transporting cargo at certain ports are 
    subject to a harbor maintenance fee pursuant to the Water Resources 
    Development Act of 1986 and interim Customs Regulations regarding the 
    harbor maintenance fee. This document amends the list of ports subject 
    to the fee. This amendment is made to further clarify the port 
    descriptions and to update the list as to locations which are exempt 
    from the fee.
    
    DATES: Effective June 4, 1997. Written comments must be received by 
    July 7, 1997.
    
    ADDRESSES: Written comments (preferably in triplicate) may be submitted 
    to the Regulations Branch, Office of Regulations and Rulings, U.S. 
    Customs Service, Franklin Court, 1301 Constitution Avenue, NW, 
    Washington, DC 20229, and may be inspected at Franklin Court, 1099 14th 
    Street, NW, Washington, DC.
    
    FOR FURTHER INFORMATION CONTACT: Patricia Barbare, Office of Finance, 
    U.S. Customs Service, 202-927-0034.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Water Resources Development Act of 1986 (Pub. L. 99-662) 
    established a Harbor Maintenance Trust Fund to be used for improving 
    and maintaining ports and harbors in the U.S. Pursuant to the Act, this 
    fund is supported by a harbor maintenance fee assessed on port use by 
    vessels carrying waterborne commercial cargo. By assessing a charge for 
    port use, the Act causes those shippers, exporters and importers who 
    benefit from the maintenance of a Federal port or harbor to share in 
    the cost of that maintenance.
        The Act defines port generally as any channel or harbor or 
    component thereof
    
    [[Page 30449]]
    
    in the U.S. which is not an inland waterway, is open to public 
    navigation, and at which Federal funds have been used since 1977 for 
    construction, maintenance or operation.
        Customs published T.D. 87-44 in the Federal Register (52 FR 10198) 
    on March 30, 1987, establishing interim regulations for the collection 
    of the harbor maintenance fee. The regulations are set forth in 
    Sec. 24.24, Customs Regulations (19 CFR 24.24). When drafting T.D. 87-
    44, Customs, in conjunction with the U.S. Army Corps of Engineers, took 
    the definition of port in the Act and established a list of ports in 
    Sec. 24.24(b)(1), Customs Regulations (19 CFR 24.24(b)(1)). The list of 
    ports includes in the descriptions and notations column the description 
    of movements which are considered intraport; pursuant to the Act and 
    Sec. 24.24(d)(1) of the regulations, the fee is not to be assessed on 
    the mere movement of commercial cargo within a port. Commercial ports 
    with depths of less than 14 feet were not included on the list. Customs 
    stated in T.D. 87-44 that the list is subject to change and will be 
    amended, if necessary, to reflect money spent by the U.S. Army Corps of 
    Engineers for construction, maintenance or operation of any port not on 
    the original list. The list of ports which are subject to the HMF was 
    amended in T.D. 92-7.
        Since the publication of T.D. 92-7, there has been some 
    modification of ports on which there is relevant Corps of Engineers 
    activity. In order to provide the shipping public with the best 
    available information on which ports the HMF will be assessed, Customs 
    has decided to publish this revised list of HMF ports.
        Litigation is ongoing regarding the constitutionality of the HMF as 
    it is applied to port use associated with exports. However, the fee is 
    still being collected for all purposes pending the outcome of the 
    litigation and will most likely continue to be collected on port use 
    not associated with exports regardless of the outcome of the 
    litigation.
        In this document, Customs again is amending the interim regulations 
    on the harbor maintenance fee to clarify the listing in 
    Sec. 24.24(b)(1) of ports subject to the HMF. A document finalizing the 
    interim regulations on the HMF will be published once the litigation 
    involving the constitutionality of the fee has been completed.
    
    Comments
    
        It is noted that the harbor maintenance fee regulations are still 
    interim. While the comment period has expired on the main portion of 
    the interim regulations (see 52 FR 20593, dated June 2, 1987; extension 
    of comment period on interim regulations to August 28, 1987), Customs 
    will give consideration any written comments (preferably in triplicate) 
    timely submitted relating to the description of the ports set forth in 
    this document. Comments submitted will be available for public 
    inspection in accordance with the Freedom of Information Act (5 U.S.C. 
    552), Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and 
    Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular 
    business days between the hours of 9:00 a.m. and 4:30 p.m., at the 
    Regulations Branch, 1099 14th Street, NW., Suite 4000, Washington, DC.
    
    Inapplicability of Notice and Delayed Effective Date
    
        The statutory effective date of the harbor maintenance fee was 
    April 1, 1987. Because these amendments merely clarify the interim 
    regulations that implement the statutory provision and do not impose 
    any additional burdens on, or take away any existing rights or 
    privileges from the public, pursuant to 5 U.S.C. 553(b)(B), notice and 
    public procedure is impracticable and unnecessary. Similarly, pursuant 
    to 5 U.S.C. 553(d)(1)(3), a delayed effective date is not provided. 
    These amendments are effective as of the date of publication in the 
    Federal Register.
    
    Executive Order 12866 and Regulatory Flexibility Act
    
        This amendment does not meet the criteria for a ``significant 
    regulatory action'' under E.O. 12866. Because no notice of proposed 
    rulemaking is required, the provisions of the Regulatory Flexibility 
    Act (5 U.S.C. 601 et seq.) are not applicable.
    
    Drafting Information:
    
        The principal author of this document was Peter T. Lynch, 
    Regulations Branch, Office of Regulations and Rulings, U. S. Customs 
    Service. However, personnel from other offices participated in its 
    development.
    
    List of Subjects in 19 CFR Part 24
    
        Accounting, Customs duties and inspection, Imports, Taxes.
    
    Amendment to the Regulations
    
        Part 24, Customs Regulations (19 CFR part 24) is amended as set 
    forth below:
    
    PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
    
        1. The general authority for part 24, Customs Regulations (19 CFR 
    part 24) and the specific relevant authority for Sec. 24.24 Customs 
    Regulations (19 CFR 24.24), continue to read as follows:
    
        Authority: 5 U.S.C. 301, 19 U.S.C. 58a-58c, 66, 1202 (General 
    Note 20, Harmonized Tariff Schedule of the United States), 1624; 31 
    U.S.C. 9701.
    * * * * *
        Section 24.24 also issued under 26 U.S.C. 4461, 4462;
    * * * * *
        2. The list of ports subject to the harbor maintenance fee set 
    forth in Sec. 24.24(b)(1), Customs Regulations (19 CFR 24.24(b)(1)) is 
    revised to read as follows:
    
    
    Sec. 24.24  Harbor Maintenance Fee.
    
    * * * * *
        (b) Definitions. * * *
        (1) * * *
    
         Port Codes, Names, and Descriptions of Ports Subject to Harbor     
                                 Maintenance Fee                            
                     [Section 1402 of PL 99-662, as amended]                
    ------------------------------------------------------------------------
         Port code, port name and state      Port descriptions and notations
    ------------------------------------------------------------------------
                    Alabama                                                 
                                                                            
    1901--Mobile                                                            
                                                                            
                     Alaska                                                 
                                                                            
    3126--Anchorage........................  Includes Seldovia Harbor, and  
                                              Homer. Movements between these
                                              points are intraport.         
    3106--Dalton Cache.....................  Includes Haines Harbor.        
    3101--Juneau...........................  Includes only Hoonah Harbor.   
                                              Fee does not apply to Juneau  
                                              Harbor.                       
    3102--Ketchikan........................  Includes Metlakatla Harbor. Fee
                                              does not apply to Wades Cove. 
    3127--Kodiak                                                            
    
    [[Page 30450]]
    
                                                                            
    3112--Petersburg.......................  Includes Wrangell Narrows.     
    3125--Sand Point.......................  Includes Humboldt, King Cove   
                                              and Iliuliuk Harbor. Fee does 
                                              not apply to Dutch Harbor.    
    3115--Sitka............................  Includes Sergius-Whitestone    
                                              Narrows.                      
        --St. Paul                                                          
                                                                            
                   California                                               
                                                                            
    2802--Eureka...........................  Includes Crescent City.        
    Los Angeles/Long Beach Ports...........  Includes Ventura, Port Hueneme,
        2709--Long Beach Harbor               Channel Islands Harbor, Santa 
        2704--Los Angeles                     Barbara, Marina Del Ray, Los  
        2713--Port Hueneme                    Angeles and Long Beach.       
        2712--Ventura                         Movements between these points
                                              are intraport.                
    2805--Monterrey                                                         
    2719--Moro Bay.........................  Includes only Moro Bay.        
    2501--San Diego........................  Includes San Diego River and   
                                              Mission Bay, and Oceanside    
                                              Harbor.                       
    2707--San Luis                                                          
    San Francisco Bay Area Ports *.........  Includes all points inshore of 
        2813--Alameda                         the Golden Gate Bridge on the 
        2830--Carquinez Strait                bays and the straits and on   
        2815--Crockett                        the Napa, Sacramento and San  
        2820--Martinez                        Joaquin Rivers, and on the    
        2811--Oakland                         deep water channels to        
        2821--Redwood City                    Sacramento and Stockton.      
        2812--Richmond                        Movements between points above
        2816--Sacramento                      Suisun Bay (Longitude 122     
        2809--San Francisco                   degrees West at Port Chicago) 
        2828--San Joaquin                     are intraport. Movements      
        2829--San Pablo Bay                   between points below Longitude
        2827--Selby                           122 degrees West and the      
        2810--Stockton                        Golden Bridge are all         
        2831--Suisun Bay                      intraport. All other movements
                                              are interport.                
                                                                            
                  Connecticut                                               
                                                                            
    0410--Bridgeport.......................  Includes Housatonic River, and 
                                              Stamford Harbor, and Wilson   
                                              Point Harbor. Movements       
                                              between these points are      
                                              intraport.                    
    0411--Hartford.........................  Includes all points on the     
                                              Connecticut River between     
                                              Hartford and Long Island      
                                              Sound. Movements within this  
                                              area are intraport.           
    0412--New Haven                                                         
    0413--New London.......................  Includes all points on the     
                                              Thames River from the mouth   
                                              to, and including Norwich, CT.
                                              Also includes Groton, CT.     
                                                                            
                    Delaware                                                
                                                                            
    Delaware River Ports, DE, NJ, PA *.....  Includes all points on the     
        1102--Chester, PA                     Delaware River from Trenton to
        1107--Camden, NJ                      the sea at a line between Cape
        1113--Gloucester, NJ                  Henlopen and Cape May, all    
        1118--Marcus Hook, PA                 points on the four miles of   
        1105--Paulsboro, NJ                   the Christina River, Delaware,
        1101--Philadelphia, PA                and all points on the lower   
        1103--Wilmington, DE                  six miles of Schuylkill River,
                                              Pennsylvania. Fee applies to  
                                              all movements on the          
                                              Chesapeake and Delaware Canal 
                                              east of U.S. Highway 13.      
                                              Includes Absecon Inlet        
                                              (Atlantic City) and Cold      
                                              Spring Inlet. Movements within
                                              this area are intraport.      
                                                                            
              District of Columbia                                          
                                                                            
    Potomac River Ports, DC, D, VA *.......  Includes all points on the     
        5402--Alexandria, VA                  Potomac River (see Chesapeake 
        5401--Washington, DC                  Bay Ports map) from a line    
                                              between Point Lookout and the 
                                              Little Wicomico River at      
                                              Chesapeake Bay to and         
                                              including Washington and      
                                              Alexandria. Movements between 
                                              these points are intraport.   
                                                                            
                    Florida                                                 
                                                                            
    1807--Boca Grande                                                       
    1805--Fernandina Beach                                                  
    5205--Fort Pierce                                                       
    1803--Jacksonville                                                      
    5202--Key West                                                          
    5201--Miami                                                             
    1818--Panama City......................  For HMF purposes, also includes
        1819--Pensacola                       Carrabelle and Port St. Joe.  
        1816--Port Canaveral                                                
        5203--Port Everglades                                               
    
    [[Page 30451]]
    
                                                                            
    Tampa Bay Ports *......................  Includes Alafia River, Port    
        1814--St Petersburg                   Manatee, Port Sutton, Port    
        1801--Tampa                           Tampa Weedon Island, and all  
                                              other points on or approached 
                                              using the Tampa Harbor Channel
                                              inshore of the Sunshine Skyway
                                              Bridge. Movements between     
                                              these points are intraport.   
    5204--West Palm Beach                                                   
                                                                            
                    Georgia                                                 
                                                                            
    1701--Brunswick........................  Includes St. Marys River.      
    1703--Savannah                                                          
                                                                            
                     Hawaii                                                 
                                                                            
    3202--Hilo.............................  Includes Kawaihae.             
    3201--Honolulu.........................  Includes Barbers Point Harbor. 
    3203--Kahului..........................  Includes Kaunakakai Harbor.    
    3204--Nawiliwili-Port Allen............  Includes both Nawiliwili and   
                                              Port Allen.                   
                                                                            
                    Illinois                                                
                                                                            
    Southern Lake Michigan Ports...........  Includes Waukegan Harbor, Il., 
        3901--Chicago, IL                     Indiana Harbor (East Chicago, 
        3902--East Chicago, IN                IN) Calumet Harbor, the       
        3905--Gary, IN                        Chicago River (up to the North
                                              Avenue Bridge) and the Chicago
                                              Harbor. Fee applies at the    
                                              ports of Michigan City and    
                                              Burns Waterway Harbor, IN. Fee
                                              does not apply at Buffington  
                                              Harbor or Gary Harbor.        
                                              Movements within an area from 
                                              Waukegan, IL to Michigan City,
                                              IN are intraport.             
                                                                            
                    Indiana                                                 
                                                                            
    Southern Lake Michigan Ports...........  Includes Waukegan Harbor, IL.  
        3901--Chicago, IL                     Indiana Harbor (East Chicago, 
        3904--East Chicago, IN                IN) Calumet Harbor, the       
        3905--Gary, IN                        Chicago River (up to the North
                                              Avenue Bridge) and the Chicago
                                              Harbor. Fee applies at the    
                                              ports of Michigan City and    
                                              Burns Waterway Harbor, IN. Fee
                                              does not apply at Buffington  
                                              Harbor or Gary Harbor.        
                                              Movements within an area from 
                                              Waukegan, IL to Michigan City,
                                              IN are intraport.             
                                                                            
                   Louisiana                                                
                                                                            
    2017--Lake Charles.....................  Includes all points on the     
                                              Calcasieu River and Pass. Also
                                              includes Mermentau River from 
                                              Catfish Point Control         
                                              Structure to the Gulf.        
    Mississippi River Ports/Baton Rouge and  Includes all river points from 
     Vicinity *.                              River Mile 115 Above Head of  
        2004--Baton Rouge                     Passes (AHP) at the St.       
        2010--Gramercy                        Charles Parish-Jefferson      
                                              Parish line, to River Mile    
                                              233.9 AHP at Baton Rouge.     
                                              Includes Destrehan, Good Hope,
                                              and St. Rose. Movements       
                                              between these points are      
                                              intraport.                    
    Mississippi River Ports/New Orleans and  Includes all river points from 
     Vicinity *.                              River mile 115 Above Head of  
        2002--New Orleans                     Passes (AHP) to Mile 21.6     
        2005--Port Sulphur                    Below Head of Passes (BHP) via
                                              Southwest Pass and to Mile    
                                              14.7 BHP via South Pass. Also 
                                              includes all points on the    
                                              Inner Harbor Navigation Canal,
                                              Avondale, and the Mississippi 
                                              River Gulf Outlet. Movements  
                                              between these points are      
                                              intraport.                    
    2001--Morgan City *....................  Includes Atchafalaya River from
                                              Morgan City to the Gulf.      
                                              Includes all points on the    
                                              Houma Navigation Canal, and   
                                              points on the Gulf Intra-     
                                              coastal Waterway between Mile 
                                              49.8 West and Mile 107.0 West.
                                              Movements between these points
                                              are intraport.                
                                                                            
                     Maine                                                  
                                                                            
    0102--Bangor                                                            
    0111--Bath                                                              
    0131--Portsmouth, NH                                                    
    0132--Belfast..........................  Includes all Penobscot River   
                                              points (Bucksport and         
                                              Winterport), and Georges      
                                              River. Fee does not apply at  
                                              Belfast, Searsport, Sandy     
                                              Point, or Castine Harbor.     
    0101--Portland                                                          
                                                                            
                    Maryland                                                
                                                                            
    Chesapeake Bay Ports, MD *.............  Includes all Maryland points on
        1303--Baltimore                       the Chesapeake Bay and its    
        1302--Cambridge                       tributary waters except for   
        1301--Annapolis                       the Potomac River. Also       
                                              includes the Waterway from the
                                              Delaware River to the         
                                              Chesapeake Bay west of U.S. 13
                                              highway bridge. Movements     
                                              between these points are      
                                              intraport. (Also see          
                                              Chesapeake Bay Ports: VA.)    
                                                                            
                 Massachusetts                                              
                                                                            
    0401--Boston...........................  Includes all of the Port of    
                                              Boston inshore of Castle      
                                              Island on the Inner Harbor and
                                              Chelsea and Mystic River and  
                                              all points on the Weymouth    
                                              Fore, and Town and Black      
                                              Rivers, and Dorchester Bay.   
                                              Also includes Plymouth Harbor.
                                              Movements between points on   
                                              the Saugus River in the North 
                                              and Plymouth Harbor in the    
                                              South are intraport.          
    0404--Gloucester                                                        
    
    [[Page 30452]]
    
                                                                            
    0407--Fall River                                                        
                                                                            
                    Michigan                                                
    3843--Alpena...........................  Fee does not apply to          
                                              Stoneport.                    
    Monroe/Detroit/Harbor Beach              Includes Monroe, Detroit, and  
        3801--Detroit                         the Detroit River, St. Clair  
        3802--Port Huron                      River, Port Huron and all     
                                              points on the Rouge and Black 
                                              Rivers. Fee also applies at   
                                              Harbor Beach, MI. All         
                                              movements within this area    
                                              between Monroe and Harbor     
                                              Beach, MI are intraport.      
    3803--Escanaba.........................  Fee applies at all points on   
                                              the little Bay de Noc above   
                                              Escanaba, including Gladstone 
                                              and Kipling. Movements within 
                                              an area from Escanaba to the  
                                              Mackinac Bridge are intraport.
                                              Fee does not apply at         
                                              Escanaba.                     
    South Central Lake Superior Ports......  Includes Ontonagon Harbor, all 
        3809--Marquette                       points on the Harbor, all     
        3842--Presque Isle                    points on the Keweenaw        
                                              Waterway, Presque Isle Harbor 
                                              and Marquette and Grand       
                                              Marais. Movements between all 
                                              Michigan ports on Lake        
                                              Superior are intraport.       
    Eastern Lake Michigan Ports............  Fee applies at Charlevoix,     
        3815--Muskegon                        Frankfort, Portage Lake,      
        3816--Grand Haven                     Manatee, Ludington, Pentwater 
        3844--Ferrysburg                      Harbor, Ferrysburg, White Lake
                                              Harbor, Muskegon, Grand Haven,
                                              and South Haven, Holland, and 
                                              St. Joseph/Benton Harbor, MI. 
                                              All movements between Eastern 
                                              Lake Michigan ports are       
                                              intraport.                    
    Upper Lake Huron Ports.................  Includes all points on the St. 
        3803--Sault Ste. Marie                Mary's River, the ports of    
        3804--Saginaw-Flint-Bay City          Cheyboygan, Alpena, Bay City, 
        3843--Alpena                          and Saginaw River. Does not   
                                              include Alabaster, Cacit, Port
                                              Dolomite, Port Inland, Port   
                                              Gypum or Stoneport. Movements 
                                              within an area from Sault Ste.
                                              Marie and the Saginaw River   
                                              are intraport.                
                                                                            
                   Minnesota                                                
                                                                            
    Duluth/Superior Area Ports.............  Fee applies at Two Harbors and 
        3601--Duluth                          Duluth, MN, and Superior, WI. 
        3602--Ashland                         Fee also applies at Ashland   
        3608--Superior                        and Port Wing, WI and Grand   
        3614--Silver Bay                      Marais, MN. Fee does not apply
                                              at Taconite, or Silver Bay,   
                                              MN. All movements between     
                                              Silver Bay, MN and Ashland, WI
                                              are considered intraport.     
                                                                            
                  Mississippi                                               
                                                                            
    1902--Gulfport.........................  Does not include Bienville.    
    1903--Pascagoula                                                        
                                                                            
                 New Hampshire                                              
                                                                            
    0131--Portsmouth, NH                                                    
                                                                            
                   New Jersey                                               
                                                                            
    Delaware River Ports, DE, NJ, PA *.....  Includes all points on the     
        1102--Chester, PA                     Delaware River from Trenton to
        1107--Camden, NJ                      the sea at a line between Cape
        1113--Gloucester, NJ                  Henlopen and Cape May, all    
        1118--Marcus Hook, PA                 points on the lower four miles
        1105--Paulsboro, NJ                   of the Christina River,       
        1101--Philadelphia, PA                Delaware, and all points on   
        1103--Wilmington, DE                  the lower six miles of the    
                                              Schuylkill River, PA. Fee     
                                              applies to all movements on   
                                              the Chesapeake and Delaware   
                                              Canal east of U.S. Highway 13.
                                              Includes Absecon Inlet        
                                              (Atlantic City) and Cold      
                                              Spring Inlet. Movements       
                                              between these points are      
                                              intraport.                    
    1003--Newark...........................  See New York Harbor.           
    1004--Perth Amboy......................  See New York Harbor.           
                                                                            
                    New York                                                
                                                                            
    New York Harbor, NY, NJ *..............  Includes all points in New York
        1001--New York                        and New Jersey with the Port  
        1003-Newark                           of New York on the waters     
        1004--Perth Amboy                     inshore of a line between     
                                              Sandy Hook and Rockaway Point 
                                              and south of Tappan Zee Bridge
                                              on the Hudson and west of     
                                              Throgs Neck Bridge of the East
                                              River. Movements between these
                                              and all points within the New 
                                              York Port District boundaries 
                                              described in New York Code    
                                              (Chapter 154, Laws of New     
                                              York, 1921), are intraport.   
    1002--Albany *.........................  Includes all points on the     
                                              Hudson River between Tappan   
                                              Zee Bridge and the Troy Lock  
                                              and Dam. Movements between    
                                              points within this area are   
                                              intraport.                    
    0901--Buffalo-Niagara Falls............  Includes Buffalo Harbor, Black 
                                              Rock Channel and Tonawanda    
                                              Harbor, and all points on     
                                              Cattaraugus Creek, and Dunkirk
                                              Harbor. Movements between     
                                              these points are intraport.   
    0706--Cape Vincent                                                      
    0701--Ogdensburg                                                        
    0904--Oswego                                                            
    0903--Rochester                                                         
    0905--Sodus Point......................  Includes Little Sodus Bay      
                                              Harbor, and Great Sodus Bay   
                                              Harbor.                       
                                                                            
    
    [[Page 30453]]
    
                                                                            
                 North Carolina                                             
                                                                            
    1511--Beaufort-Morehead City...........  Includes Ocracoke Inlet.       
                                              Movements within this area are
                                              intraport.                    
        1501--Wilmington...................  Includes all points on the Cape
                                              Fear and Northeast Cape Fear  
                                              Rivers inshore of the Atlantic
                                              Ocean entrance. Movements     
                                              within this area are          
                                              intraport.                    
                                                                            
                      Ohio                                                  
                                                                            
    Lake Erie Ports........................  Includes Toledo, Sandusky,     
        4108--Ashtabula                       Huron, Lorain, Cleveland,     
        4101--Cleveland                       Fairport, Ashtabula, Conneaut 
        4109--Conneaut                        and Erie. Movements between   
        4106--Erie, PA                        these points are intraport.   
        4111--Fairport                        Fee does not apply at         
        4117-Huron                            Marblehead.                   
        4121--Lorain                                                        
        4105--Toledo-Sandusky                                               
                                                                            
                     Oregon                                                 
                                                                            
    Columbia River Ports, OR, WA...........  Includes all points on the     
        2901--Astoria, OR                     Columbia River downstream of  
        2904--Portland, OR                    Bonneville Dam, and all points
        2909--Kalama, WA                      on the Willamette River       
        2905--Longview, WA                    downstream of River Mile 21.  
        2908--Vancouver, WA                   Includes the Multnoma Channel,
                                              the Skipanon Channel, and     
                                              Oregon Slough. Movements      
                                              between points within this    
                                              area are intraport.           
    2903--Coos Bay.........................  Includes Port Orford, the      
                                              Siuslaw River, and Umpaqua    
                                              River. Movements between these
                                              points are intraport.         
    2902--Newport..........................  Includes Tillamook Bay, and    
                                              Yaguina Bay and Harbor.       
                                                                            
                  Pennsylvania                                              
                                                                            
    Delaware River Ports, DE, NJ, PA *.....  Includes all points on the     
        1102--Chester, PA                     Delaware River from Trenton to
        1107--Camden, NJ                      the sea at a line between Cape
        1113--Gloucester, NJ                  Henlopen and Cape May, all    
        1118--Marcus Hook, PA                 points on the lower four miles
        1105--Paulsboro, NJ                   of the Christina River,       
        1101--Philadelphia, PA                Delaware, and all points on   
        1103--Wilmington, DE                  the lower six miles of the    
                                              Schuykill River, Pennsylvania.
                                              Fee applies to all movements  
                                              on the Chesapeake and Delaware
                                              Canal east of U.S. Highway 13.
                                              Includes Absecon Inlet        
                                              (Atlantic City) and Cold      
                                              Spring Inlet. Movements       
                                              between these points are      
                                              intraport.                    
                                                                            
                  Puerto Rico                                               
                                                                            
    4907--Mayaguez                                                          
    4908--Ponce............................  Does not include Guayanilla and
                                              Tallaboa.                     
    4909--San Juan.........................  Includes Arecibo.              
                                                                            
                  Rhode Island                                              
                                                                            
    0502--Providence.......................  Federal project limit:         
                                              Providence River East of      
                                              Prudence Island just above    
                                              Dyer Island and ending at     
                                              Hurricane Barrier at Fox      
                                              Point. The areas west of      
                                              Prudence Island, including    
                                              Quonset Point, Patience       
                                              Island, Warwick Neck and      
                                              Greenwich Bay are not subject 
                                              to the fee.                   
                                                                            
                 South Carolina                                             
                                                                            
    1601--Charleston.......................  Includes the Ashley River,     
                                              Cooper River, Shipyard River, 
                                              and Port Royal Harbor.        
                                              Movements within this area are
                                              intraport.                    
    1602--Georgetown                                                        
                                                                            
                     Texas                                                  
                                                                            
    2301--Brownsville......................  Includes Port Isabel and Brazos
                                              Island Harbor. Movements      
                                              between these points are      
                                              intraport.                    
    5312--Corpus Christi                                                    
    5311--Freeport                                                          
    Galveston Bay Ports *..................  Includes Port Bolivar and all  
                                              points on Galveston Bay in    
                                              Galveston County. Movements   
                                              between points within this    
                                              area are intraport.           
    5301--Houston *........................  Includes Bayport, Baytown, and 
                                              all other points on or        
                                              accessed via the Houston Ship 
                                              Channel from the Liberty/     
                                              Chambers county line on the   
                                              north to the Chambers/        
                                              Galveston county line to the  
                                              south. Movements within this  
                                              area are intraport.           
    5313--Port Lavaca......................  Includes Matagorda Ship        
                                              Channel.                      
    Sabine Ports *.........................  Includes Port Neches, Sabine   
        2104--Beaumont                        Pass and all other points on  
        2103--Orange                          the Sabine-Neches Waterway.   
        2101--Port Arthur                     Movements between these points
        2102--Sabine                          are intraport.                
                                                                            
    
    [[Page 30454]]
    
                                                                            
                    Virginia                                                
                                                                            
    Potomac River Ports, DC, MD, VA *......  Includes all points on the     
    5402--Alexandria, VA                      Potomac River (see Chesapeake 
    5401--Washington, DC                      Bay Ports map) from a line    
                                              between Point Lookout and the 
                                              Little Wicomico River at      
                                              Chesapeake Bay to and         
                                              including Washington and      
                                              Alexandria. Movements between 
                                              these points are intraport.   
    Chesapeake Bay Ports,VA *..............  Includes all Virginia points on
    1406--Cape Charles                        the Chesapeake Bay inshore of 
    1402--Newport News                        a line from Cape Henry to Cape
    1401--Norfolk                             Charles, and tributary waters 
                                              including the ports of Hampton
                                              Roads. Does not include the   
                                              Potomac River or the James    
                                              River above the James River   
                                              Bridge at Newport News.       
                                              Movements between points      
                                              within this area are          
                                              intraport. (Also see          
                                              Chesapeake Bay Ports, MD.)    
    James River Ports, VA..................  Includes all points on the     
    1408--Hopewell                            James River above the James   
    1404--Richmond/Petersburg                 River Bridge at Newport News. 
                                              Movements between these points
                                              are intraport.                
                                                                            
                   Washington                                               
                                                                            
    3003--Aberdeen.........................  Includes Grays Harbor and      
                                              Yaguina Bay and Harbor.       
                                              Movements between these points
                                              are intraport.                
    Puget Sound Ports, WA*.................  Fee applies only at ports      
        3005--Bellingham                      listed. Bellingham includes   
        3006--Everett                         all of Bellingham Bay and     
        3007--Port Angeles                    tributary waters north of     
        3001--Seattle                         Chuchanut Bay on the east, and
        3002--Tacoma                          Portage Island on the west.   
        3026--Olympia                         Port Everett includes all of  
                                              Port Dardner (an arm of       
                                              Possession Sound) between     
                                              Elliott Point on the south to,
                                              and including, the Snahomish  
                                              River on the north. The port  
                                              of Olympia includes all points
                                              on Budd Inlet extending from  
                                              Cooper and Dofflemyer Point on
                                              the north to, and including,  
                                              the city of Olympia on the    
                                              south. The fee applies to all 
                                              points within the Inner Harbor
                                              of the Port of Seattle,       
                                              including Salmon Bay, Lakes   
                                              Union and Washington, the Lake
                                              Washington Ship Canal, and    
                                              Kenmore Navigation Channel.   
                                              Includes all points on Elliott
                                              Bay and tributary waters      
                                              between West Point on the     
                                              north and Duwamish Head on the
                                              south. Fee applies at all     
                                              points within Tacoma Harbor   
                                              including all of Commensement 
                                              Bay and tributary waters      
                                              between Browns Point on the   
                                              east and Point Defiance on the
                                              west. Movements between these 
                                              ports and any other U.S.      
                                              points on Puget Sound or the  
                                              Strait of Juan de Fuca east of
                                              Cape Flattery are intraport.  
    3010--Anacortes........................  Includes only access channel   
                                              and berthing areas adjacent to
                                              Anacortes Industrial Park off 
                                              30th Street.                  
        Columbia River Ports, WA, OR.......  Includes all points on the     
            2901--Astoria, OR                 Columbia River downstream of  
            2904--Portland, OR                Bonneville Dam, and all points
            2909--Kalama, WA                  on the Willamette River       
            2905--Longview, WA                downstream of River mile 21.  
            2908--Vancouver, WA               Includes the Multnoma Channel,
                                              the Skipanon Channel, and     
                                              Oregon Slough. Movements      
                                              between points within this    
                                              area are intraport.           
                                                                            
                   Wisconsin                                                
                                                                            
        3602--Ashland......................  See Duluth/Superior Area Ports,
                                              MN.                           
    Green Bay/Marinette Area Ports.........  Fee applies to all movements   
        3703--Green Bay                       between points along the      
        3702--Marinette                       Sturgeon Bay and Lake Michigan
                                              Ship Canal. Fee also applies  
                                              to Green Bay, Oconto, and     
                                              Menominee/Marinette. Movements
                                              between points from Menominee 
                                              and points along the Sturgeon 
                                              Bay and Lake Michigan Ship    
                                              Canal are intraport.          
    Western Lake Michigan Ports............  Includes the ports of          
        3701--Milwaukee                       Milwaukee, Racine, and        
        3708--Racine                          Sheboygan, MN. All movements  
        3707--Sheboygan                       between these points are      
                                              intraport.                    
    ------------------------------------------------------------------------
    *Indicates that a map of this area is available from the Budget         
      Division, Office of Finance, U.S. Customs Service, Room 6328, 1301    
      Constitution Ave., NW., Washington, DC 20229; tel. 202-927-0034.      
    
    
    [[Page 30455]]
    
    * * * * *
    George J. Weise,
    Commissioner of Customs.
    
        Approved: April 17, 1997.
    Dennis M. O'Connell,
    Acting Deputy Assistant Secretary of the Treasury.
    [FR Doc. 97-14409 Filed 6-3-97; 8:45 am]
    BILLING CODE 4820-02-P
    
    
    

Document Information

Effective Date:
6/4/1997
Published:
06/04/1997
Department:
Customs Service
Entry Type:
Rule
Action:
Interim regulation; solicitation of comments.
Document Number:
97-14409
Dates:
Effective June 4, 1997. Written comments must be received by July 7, 1997.
Pages:
30448-30455 (8 pages)
Docket Numbers:
T.D. 97-45
RINs:
1515-AA57: Harbor Maintenance Fee
RIN Links:
https://www.federalregister.gov/regulations/1515-AA57/harbor-maintenance-fee
PDF File:
97-14409.pdf
CFR: (4)
19 CFR 24.24(b)(1)
19 CFR 103.11(b)
19 CFR 24.24(d)(1)
19 CFR 24.24