[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.

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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