[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Notices]
[Pages 34697-34702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16806]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Humboldt Bay Harbor, Recreation and Conservation District's 
Proposed Ordinance No. 15 Establishing General Tariff No. 1 for the 
Humboldt Harbor and Bay Deepening, California Project

AGENCY: U.S. Army Corps of Engineers, DOD.

ACTION: Notice.

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

SUMMARY: The attached Humboldt Bay Harbor, Recreation and Conservation 
District's proposed Ordinance No. 15 establishing General Tariff No. 1 
was developed as one of the several methods to fund the local (i.e., 
non-Federal) share of the Federal Humboldt Harbor and Bay Deepening, CA 
project. The Federal project was authorized in the Water Resources 
Development Act (WRDA) of 1996 and is scheduled to begin construction 
in the fall of 1997. Publication of the attached General Tariff in the 
Federal Register is pursuant to Section 208 of WRDA 1986 (33 U.S.C. 
2236(a)(5)(B)).

FOR FURTHER INFORMATION CONTACT: Questions regarding the General Tariff 
may be directed to Mr. David Hull, Chief Executive Officer, Humboldt 
Bay Harbor, Recreation and Conservation District (707) 443-0801.


[[Page 34698]]


SUPPLEMENTARY INFORMATION: None.
Richard G. Thompson,
Lieutenant Colonel, Corps of Engineers, District Engineer.

HUMBOLDT BAY HARBOR USGAE FEE ORDINANCE

HUMBOLT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT

THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION, AND 
CONSERVATION DISTRICT DO HEREBY ORDAIN AS FOLLOWS:

ORDINANCE NO. 15

ENACTING GENERAL TARIFF NO. 1, ESTABLISHING RULES, REGULATIONS, 
CHARGES, AND FEES, INCLUDING HARBOR FEES ON VESSELS AND CARGO IN 
CONNECTION WITH THE HUMBOLDT HARBOR AND BAY 38 FOOT, DEEP DRAFT 
NAVIGATION IMPROVEMENT PROJECT WITHIN THE JURISDICTION OF THE HUMBOLDT 
BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT

Section I. Findings and Declarations

    The Board of Commissioners (``the Board'') of the Humboldt Bay 
Harbor, Recreation, and Conservation District (the ``District'') 
finds and declares:
    (a) Acting as Trustee of the public trust, and under the police 
power enabling authority delegated to the District by the State of 
California in Appendix II of the Harbors and Navigation Code, the 
purpose of this Ordinance No. enacting General Tariff No. 1, 
establishing rules, regulations, charges, and feees, including 
harbor usage fees on vessels and cargo in connection with the 
Humboldt Harbor Harbor and Bay 38 Foot Deep Draft Navigation 
Improvement Project (the ``Project'') within the jurisdiction of the 
Humboldt Bay Harbor, Recreation, and Conservation District (the 
``Ordinance''), is:
    (1) to ensure the safety of individuals, vessels, and public and 
private property, in and around the waters of Humboldt Bay and Bar; 
and
    (2) to protect those waters, the natural resources therein, and 
surrounding ecosystems from economic and environmental damage 
resulting from inter alia vessel collisions and groundings by 
promoting safe navigation and maritime commerce and providing 
competent, efficient, and regulated conditions for the anchoring, 
mooring, docking and safe movement of vessels.
    (b) Under section 4 of Chapter 1 of Appendix II of the Harbors 
and Navigation Code the District, as a specialized agency and a 
political subdivision of the State of California, the District is 
granted police power authority to regulate the tidelands and lands 
lying under the inland navigable waters of Humboldt Bay for the 
promotion of commerce, navigation, fisheries and recreation thereon, 
and for the development and protection of the natural resources of 
the area, and under section 34 of Article 2 of Chapter 3 of Appendix 
II of that title, the Board may do all other acts necessary and 
convenient for the exercise of its powers, including in combination 
the regulation of navigation on behalf of the State of California 
subject only to Federal preemption to the line of demarcation 
between the inland and international rules of the road at the 
outermost navigational aids, and extraterritorially to include the 
Humboldt Bar and those areas within the territorial sea where 
vessels take on pilots to perform pilotage services.
    (c) Public access to safe, efficient marine transportation, and 
an econonomically healthy maritime industry is essential to the 
continued economic well-being and future development of the Humboldt 
Bay Region.
    (d) It is essential that the navigable waters of Humboldt Bay 
remain open to public navigation as a vital foreign and coastwise 
transportation route for domestic and foreign vessels.
    (e) Section 101 of the Water Resources Development act of 1996, 
Public Law 104-695 enacted on October 13, 1996, Congress authorized 
construction of the Humboldt Harbor and Bay 38 foot navigation 
improvement project (the ``Project'') with a total Project cost of 
$15,180,000, First Federal Cost of $10,000,000 and required local 
contribution to the general navigation features of the Project of 
$5,180,000.
    (f) The Board of Commissioners expressly find that the public 
interest and convenience, and health, safety, and welfare require 
the provision of improvements to the existing projects for 
navigation at Humboldt Bay substantially in accordance with the 
Congressional authorization and the Basis for Design (February 1996) 
prepared by the San Francisco Engineer for the U.S. Army Corps of 
Engineers (the ``District Engineer'').
    (g) Section 221 of the Flood Control Act of 1970, Public Law 91-
611, as amended, and Section 101 of the Water Resources Development 
Act of 1986 (``WRDA 1986''), Public Law 99-662 (codified as amended 
at 42 U.S.C. 1962d-5b), provide, inter alia, that the Secretary of 
the Army shall not commence construction of any water resources 
project, or separable element thereof, until each non-Federal 
sponsor (the ``Local Sponsor'') has entered into a written agreement 
to furnish its required cooperation for the project or separable 
element (the ``Project Cooperation Agreement'' or ``PCA'').
    (h) Section 208 of WRDA 1986 (33 U.S.C. 2236) grants the consent 
of Congress to the levy of port or harbor dues upon vessels and 
cargo, and for emergency response services in the port, in 
conjunction with a harbor navigation project whose construction or a 
usable increment thereof is complete subject to the transmittal of a 
Notice of Intent and draft fee schedule concurrently to the District 
Engineer and the Assistant Secretary of the Army for Civil Works, 
publication in the Federal Register, the conduct of a public 
hearing, solicitation of public comment, and transmittal of the 
final fee schedule concurrently to the District Engineer, the 
Assistant Secretary of the Army for Civil Works, and the Federal 
Maritime Commission.
    (j) The District intends to discharge those responsibilities 
insofar as providing 32 percent of the required local contribution 
to the cost of construction of the general navigation features of 
the Project through the enactment of Ordinance No. 15 within the 
jurisdiction of the Humboldt Bay Harbor, Recreation, and 
Conservation District.

Section II. Humboldt Bay Harbor, Recreation, and Conservation District

General Tariff No. 1

Naming rates, charges, rules and regulations for port services 
performed at the Humboldt Bay Harbor, Recreation, and Conservation 
District Eureka, California

    This document is a memorandum. It portrays the rules, 
regulations, charges and rates of the official tariff filed 
electronically effective __________, 1997 in the Federal Maritime 
Commission's Automated Tariff Filing and Information System. 
(Organization __________, Tariff No. 1)
    The only effective tariff is Humboldt Bay Harbor, Recreation, 
and Conservation District Tariff No. 1 that is electronically filed 
with the FMC ATFI system. In case of any difference in language or 
rate, Tariff No. 1, the tariff on file with the FMS ATFI system 
governs and takes precedence.
    Issued: __________, 1997
    Effective: __________, 1996.

CHECK SHEET

Page __________Revision
Title__________Original

                            Table of Contents                           
------------------------------------------------------------------------
               Plan of tariff                          Page No.         
------------------------------------------------------------------------
Correction Number Check Sheet...............  1.                        
Table of Contents                                                       
Standard Terms and Conditions                                           
Harbor Rules and Regulations................  Reserved.                 
Pilotage and Towage Regulation                                          
Harbor Police, Fire Protection, Oil Spill...  Reserved.                 
Response, Sanitary and other services.......  Reserved.                 
Miscellaneous Services, Rates, and                                      
 Conditions.                                                            

[[Page 34699]]

                                                                        
Subject.....................................  Item.                     
STANDARD TERMS AND CONDITIONS--SECTION 1                                
    Access to documentation                                             
    Application and interpretation of tariff                            
    Collection and enforcement                                          
    Consent to terms of tariff                                          
    District Boundaries and Jurisdiction                                
    Harbor usage fee                                                    
    Late charges                                                        
    Liability for fees                                                  
    Liability, indemnity                                                
    Payment of usage fees                                               
    Records and accounts                                                
    Security for payment of fees                                        
    Usage, user defined                                                 
HARBOR RULES AND REGULATIONS--SECTION 2.....  Reserved.                 
PILOTAGE AND TOWAGE REGULATION--SECTION 3...  Reserved.                 
HARBOR POLICE, FIRE PROTECTION, OIL SPILL     Reserved.                 
 RESPONSE, SANITARY AND OTHER SERVICES--                                
 SECTION 4.                                                             
PERMITS AND FACILITIES RULES, REGULATIONS     Reserved.                 
 AND RATES--SECTION 5.                                                  
MISCELLANEOUS SERVICES--RATES AND                                       
 CONDITIONS--SECTION 6                                                  
    Harbor usage fee                                                    
------------------------------------------------------------------------


   General Tariff No. 1, Section No. 1, Standard Terms and Conditions   
------------------------------------------------------------------------
             Item and subject                        Application        
------------------------------------------------------------------------
1  District Boundaries and Jurisdiction...  The Harbor District         
                                             regulates all waterways,   
                                             and ungranted tidelands and
                                             submerged lands within     
                                             Humboldt Bay, pilotage and 
                                             towage, and acts as Local  
                                             Sponsor for Federal        
                                             navigation projects within 
                                             the District. The District 
                                             regulates and controls the 
                                             construction of wharves,   
                                             docks, and improvements of 
                                             all types contemplated on  
                                             the waterways of the       
                                             District, and the          
                                             construction, maintenance  
                                             and operation, or use of   
                                             all wharves, warehouses,   
                                             structures, improvements,  
                                             or appliances, used in     
                                             connection with, or for the
                                             accommodation or promotion 
                                             of transportation or       
                                             navigation on any          
                                             improvement project of the 
                                             Federal Government entering
                                             the District and on other  
                                             navigable waterways,       
                                             improved or unimproved,    
                                             which lie within the       
                                             District, and enforces     
                                             police and sanitary        
                                             regulations in connection  
                                             therewith. (Harbors and    
                                             Navigation Code, State of  
                                             California)                
                                            This tariff is issued under 
                                             the exclusive jurisdiction 
                                             of Section 208 of the Water
                                             Resources Development Act  
                                             of 1986 (33 U.S.C. 2236)   
                                             and the District hereby    
                                             consents to the exclusive  
                                             exercise of that           
                                             jurisdiction as to those   
                                             portions of the tariff     
                                             implementation of a harbor 
                                             usage fee under that       
                                             section.                   
2  Usage, user defined....................  All persons, firms,         
                                             corporations, or others    
                                             desiring to use any of the 
                                             premises and/or facilities 
                                             of the Humboldt Bay Harbor,
                                             Recreation, and            
                                             Conservation District,     
                                             including the Humboldt     
                                             Harbor and Bay 38 Foot Deep
                                             Draft Navigation           
                                             Improvement Project (the   
                                             ``Project''), shall obtain 
                                             permission from the Chief  
                                             Executive Officer.         
                                            No person, firm,            
                                             corporation, or entity may 
                                             use the facilities or      
                                             services of the District   
                                             without written permission 
                                             of the District, and       
                                             payment of fees, or a usage
                                             agreement with the         
                                             District.                  
                                            On application, and subject 
                                             to availability of, and    
                                             prior arrangement made, the
                                             Humboldt Bay Harbor,       
                                             Recreation, and            
                                             Conservation District at   
                                             its option and convenience 
                                             may grant the use of its   
                                             premises, and such other   
                                             facilities of the District,
                                             as it may designate to     
                                             individual firms,          
                                             corporations, and others,  
                                             hereinafter referred to    
                                             individually and           
                                             collectively as ``user'' or
                                             ``users'', for those       
                                             operations or use of the   
                                             premises or facilities as  
                                             it may designate.          
                                            The term ``user'' includes  
                                             the master, owner, or      
                                             operator of a vessel, or   
                                             the shipper, consignor,    
                                             consignee, terminal        
                                             operator, rail, truck, or  
                                             barge carrier having title 
                                             to, or custody of cargo    
                                             loaded or unloaded from a  
                                             vessel entering or         
                                             departing the District, or 
                                             the assignee, or successor 
                                             in interest of any user.   
                                            For the issuance of that    
                                             permission the District    
                                             will assess the users a    
                                             harbor usage charge.       
                                            Any charges herein or       
                                             hereafter otherwise        
                                             provided in the tariff for 
                                             wharfage, dockage, service 
                                             and facilities, or for any 
                                             other services or purposes 
                                             assessed by the District,  
                                             are in addition to the     
                                             harbor usage charge.       
                                            The District and users may  
                                             enter into a usage         
                                             agreement with carriers,   
                                             shippers, or other parties.
                                             Permission to use District 
                                             premises and facilities may
                                             be revoked for violation of
                                             this tariff.               
                                            All users of the premises or
                                             facilities granted the use 
                                             of the District are subject
                                             to all the terms and       
                                             conditions of this tariff, 
                                             and shall pay usage of the 
                                             District at rates          
                                             determined under item 14.  
                                            The District reserves the   
                                             right to amend or replace  
                                             this tariff at any time.   
                                             Users should inquire that  
                                             the tariff on which they   
                                             rely is the one currently  
                                             in effect.                 
3  Liability for fees.....................  Any person, firm,           
                                             corporation, or any entity 
                                             requesting the use of      
                                             facilities or services from
                                             the District, or reflected 
                                             in the vessel              
                                             documentation, as the      
                                             owner, operator, or agent, 
                                             are jointly or severally   
                                             liable for harbor usage    
                                             fees on vessels entering   
                                             the District. The shipper, 
                                             consignor, consignee, or   
                                             terminal operator, having  
                                             title to, or custody of,   
                                             cargo loaded on board or   
                                             discharged from a vessel   
                                             within the District, are   
                                             jointly and severally      
                                             liable for fees on cargo   
                                             loaded on board or         
                                             discharged from a vessel at
                                             a wharf, dock or terminal  
                                             facility within the        
                                             District.                  

[[Page 34700]]

                                                                        
4  Consent to terms of tariff.............  Use of the navigable        
                                             waterways of the District, 
                                             or improved or of tariff   
                                             unimproved navigable       
                                             waters, or premises or     
                                             facilities of the District,
                                             by vessels or cargo, or for
                                             construction or operation  
                                             of wharves, docks, or      
                                             improvements of all types  
                                             used in connection with, or
                                             for the accommodation or   
                                             promotion of transportation
                                             or navigation, or the      
                                             premises or facilities of  
                                             the District constitutes   
                                             implied consent to all of  
                                             the terms and conditions of
                                             this tariff, and evidences 
                                             an agreement on the part of
                                             any users of the premises  
                                             or facilities of the       
                                             District to pay all charges
                                             specified in this tariff   
                                             and be governed by all     
                                             rules, regulations, terms, 
                                             conditions, and legal      
                                             actions shown in this      
                                             tariff.                    
                                            Conditions for conducting   
                                             any operation within the   
                                             District, or use of the    
                                             premises, facilities, or   
                                             services of the District,  
                                             are subject to specific    
                                             authorization of the Chief 
                                             Executive Officer, and may 
                                             include provisions to      
                                             protect public safety,     
                                             security, environment, and 
                                             health. Any person,        
                                             corporation, firm or entity
                                             conducting any operation   
                                             within the District, or use
                                             of the premises,           
                                             facilities, or services of 
                                             the District shall fully   
                                             comply with applicable     
                                             provisions of Federal,     
                                             State, or municipal law,   
                                             and ordinances adopted by  
                                             the District.              
                                            The District reserves the   
                                             right, without             
                                             responsibility for         
                                             demurrage other charges,   
                                             loss, or damage of any kind
                                             whatsoever, to deny the use
                                             of its facilities or       
                                             services to any vessel or  
                                             shipper.                   
5  Application and interpretation of        Rates, rules, terms,        
 tariff.                                     conditions, and            
                                             regulations, contained in  
                                             this tariff apply equally  
                                             to all users, vessels and  
                                             cargo subject to this      
                                             tariff on the effective    
                                             date shown in this tariff  
                                             and as amended.            
                                            This tariff is published and
                                             filed as required by law   
                                             and is, therefore, notice  
                                             that the rates, charges,   
                                             rules, and regulations, and
                                             definitions apply to all   
                                             users, vessels, and cargo, 
                                             without specific notice,   
                                             quotation, or arrangement. 
                                            The tariff is effective on  
                                             or after the date as shown 
                                             on each page.              
                                            Revised pages will be issued
                                             to cover changes in this   
                                             tariff, however all rates  
                                             and regulations in this    
                                             tariff are subject to      
                                             change without notice      
                                             except as may be required  
                                             by law. The Chief Executive
                                             Officer is the sole judge  
                                             as to the interpretation of
                                             this tariff. Any decision  
                                             of the Chief Executive     
                                             Officer is binding upon all
                                             users and is final.        
                                            Any usage agreement, and the
                                             use of any facilities or   
                                             premises, if any, described
                                             in any usage agreement     
                                             between a user and the     
                                             District are at all times  
                                             subject to all provisions  
                                             and conditions of this     
                                             tariff.                    
                                            The rates, rules, terms,    
                                             conditions, and regulations
                                             named in this tariff apply 
                                             independently of the       
                                             provisions of any bill of  
                                             lading, charter party,     
                                             agreement, or contract of  
                                             affreightment.             
                                            Requests or complaints      
                                             should be directed to the  
                                             Chief Executive Officer,   
                                             Humboldt Bay Harbor,       
                                             Recreation, and            
                                             Conservation District, P.O.
                                             Box 1030 Eureka, CA 95502- 
                                             1030.                      
6  Harbor usage fees......................  Except as otherwise exempted
                                             herein, all users of       
                                             waters, premises or        
                                             facilities of the District 
                                             as described in items 1-3  
                                             shall pay harbor usage fees
                                             as provided in this tariff 
                                             to assist in defraying the 
                                             cost of the required local 
                                             contribution to Project    
                                             construction cost under    
                                             Section 208 of the Water   
                                             Resources Development Act  
                                             of 1986 (33 U.S.C. 2236),  
                                             and the expense of         
                                             providing emergency        
                                             response services provided 
                                             by the District or under   
                                             mutual aid or mutual       
                                             assistance agreements,     
                                             administration,            
                                             maintenance, promotion, and
                                             regulation, of the         
                                             District, including the    
                                             supervision of shipping and
                                             the District, policing the 
                                             harbor, and the District's 
                                             facilities.                
                                            Harbor usage fees shall be  
                                             paid by the operator of the
                                             vessel in addition to      
                                             dockage, and collected by  
                                             the wharf, dock or facility
                                             operator, or the vessel's  
                                             agent, prior to departure  
                                             and by the owner of cargo  
                                             loaded or unloaded at a    
                                             wharf, dock or facility    
                                             collected by the operator  
                                             of that wharf, dock, or    
                                             facility in addition to    
                                             wharfage or other charges  
                                             prior to release of the    
                                             cargo to the consignee.    
                                            Vessels, wharves, docks, and
                                             facilities owned and       
                                             operated by the Federal    
                                             Government, a foreign      
                                             country, a State, or a     
                                             political subdivision of a 
                                             country or State, unless   
                                             engaged in commercial      
                                             services, towing vessels,  
                                             vessels engaged in dredging
                                             activities and vessels     
                                             engaged in intraport       
                                             movements are exempt from  
                                             the vessel portion of the  
                                             harbor usage fee described 
                                             in Section 6. In addition  
                                             vessels with design drafts 
                                             of 20 feet or less are     
                                             exempt from harbor usage   
                                             fees.                      
7  Payment of usage fees..................  Harbor usage fees are due   
                                             when accrued by the user   
                                             and payable in cash in U.S.
                                             currency to the Chief      
                                             Executive Officer of the   
                                             District, or his authorized
                                             representative, unless the 
                                             user has established       
                                             creditworthiness to the    
                                             District before using      
                                             District facilities or     
                                             services, or has posted    
                                             adequate security for      
                                             estimated fees acceptable  
                                             to the District in advance.
                                             Fees that have not been    
                                             paid within thirty (30)    
                                             days of the date of        
                                             assessment are subject to a
                                             finance change of one and  
                                             one half per cent (1\1/2\%)
                                             per month. The District    
                                             reserves the right to      
                                             estimate and collect in    
                                             advance all charges which  
                                             may accrue against vessels,
                                             their owners or agents, or 
                                             against cargo loaded or    
                                             discharged by a vessel,    
                                             whose credit has not been  
                                             properly established or who
                                             has become delinquent.     
                                            Any pending or alleged      
                                             claims against the District
                                             are not allowed as an      
                                             offset against outstanding 
                                             invoice or accrued fees    
                                             until those claims have    
                                             been legally established by
                                             a court of competent       
                                             jurisdiction.              

[[Page 34701]]

                                                                        
8  Access to documentation................  The master of an arriving   
                                             vessel, or the vessel's    
                                             agent shall deliver to the 
                                             Chief Executive Officer, or
                                             authorized representative, 
                                             prior to loading or        
                                             unloading cargo at a wharf,
                                             dock or facility within the
                                             District, and in no event  
                                             later than forty-eight     
                                             hours after the vessel's   
                                             arrival, a tonnage         
                                             certificate and a cargo    
                                             manifest for the vessel,   
                                             showing names of shippers, 
                                             or consignees, and the     
                                             weights and measurements of
                                             any and all cargo loaded or
                                             discharged at a wharf,     
                                             dock, or terminal within   
                                             the District, or if in     
                                             ballast a declaration to   
                                             that effect in order that  
                                             the proper usage fee may be
                                             assessed against the       
                                             vessel. The master shall   
                                             also provide the vessel's  
                                             booking list, showing how  
                                             much space or weight has   
                                             been allocated to each     
                                             shipper for each commodity 
                                             prior to delivery of any   
                                             inbound cargo to a wharf,  
                                             dock, or terminal facility.
                                            The master of a departing   
                                             vessel, or the vessel's    
                                             agent, shall also deliver  
                                             to the Chief Executive     
                                             Officer, prior to          
                                             departure, the vessels'    
                                             load lines certificate, and
                                             evidence certifying the    
                                             vessel's sailing draft     
                                             after loading and prior to 
                                             departure.                 
                                            The shipper, consignor, or  
                                             terminal operator having   
                                             title, or custody of, any  
                                             cargo subject to usage fees
                                             shall deliver to the Chief 
                                             Executive Officer          
                                             appropriate documentation  
                                             in the form of bills of    
                                             lading, freight bills,     
                                             export declarations, cargo 
                                             lineups or lists specifying
                                             the supplier, marks,       
                                             estimated volume or weight 
                                             of each commodity for each 
                                             vessel and discharge port  
                                             before the delivery of any 
                                             outbound cargo to be loaded
                                             or discharged in the       
                                             District.                  
                                            Failure to supply the       
                                             necessary documentation    
                                             makes the vessel owner,    
                                             operator, or agent, or the 
                                             shipper, consignor, or     
                                             terminal operator liable   
                                             for any damages, including 
                                             actual attorneys fees,     
                                             costs, and expenses, that  
                                             the District sustains as a 
                                             result of not receiving the
                                             required documentation. The
                                             Chief Executive Officer may
                                             assess a civil penalty not 
                                             to exceed $500 per day per 
                                             instance against any vessel
                                             owner, operator, or agent, 
                                             or shipper, consignor, or  
                                             terminal operator for      
                                             willful failure to provide 
                                             the necessary documentation
                                             required under the tariff. 
9  Security for payment of fees...........  Under 33 U.S.C. 2236(f) user
                                             charges levied under this  
                                             tariff are secured by      
                                             maritime lien against the  
                                             vessel or cargo which may  
                                             be enforced in personam    
                                             against a responsible      
                                             party, or in rem against   
                                             the vessel or cargo subject
                                             to levy in United States   
                                             District Court.            
                                            Under 33 U.S.C. 2236(e) non-
                                             payment of user charges may
                                             result in the Secretary of 
                                             the Treasury denying       
                                             clearance to a vessel under
                                             46 App. U.S.C. 91,         
                                             assessing a civil penalty  
                                             against a responsible      
                                             person, vessel, or cargo,  
                                             or seizure or forfeiture of
                                             the vessel or cargo under  
                                             19 App. U.S.C. 1202 et seq 
10  Late charges..........................  If any user fees due from   
                                             users are not received by  
                                             the District when due,     
                                             users shall pay to the     
                                             District, in addition to   
                                             any interest otherwise     
                                             payable under this tariff  
                                             or the applicable usage    
                                             agreement, an additional   
                                             sum of five per cent (5%)  
                                             of the overdue fees as a   
                                             late charge.               
11  Records and accounts..................  Users shall maintain locally
                                             a system of accounts and   
                                             records satisfactory to the
                                             Chief Executive Officer,   
                                             including copies of vessel 
                                             tonnage certificates, cargo
                                             manifests, export          
                                             declarations, and other    
                                             documentation covering all 
                                             vessel calls, and import   
                                             and export cargo movement  
                                             and transactions and       
                                             operations conducted under 
                                             the tariff or agreement,   
                                             which shall be preserved   
                                             during the life of the     
                                             agreement and for three    
                                             years thereafter, or for   
                                             five years in the absence  
                                             of an agreement. The       
                                             accounts and records shall 
                                             be open and available at   
                                             all reasonable times for   
                                             examination, audit, and    
                                             transcription therefrom by 
                                             District representatives.  
12  Collection and enforcement............  In the event of any legal   
                                             proceeding to collect any  
                                             chargers or enforce any    
                                             provision of this tariff,  
                                             the District may recover   
                                             its expenses incurred in   
                                             any such proceeding        
                                             including actual attorneys 
                                             fees, litigation expenses  
                                             and costs, including any   
                                             appeal.                    
                                            The District may sell, at   
                                             public or private sale,    
                                             vessels or cargo on which  
                                             the owner fails or refuses 
                                             to pay usage charges. The  
                                             proceeds of sale are       
                                             intended to satisfy those  
                                             charges plus the costs and 
                                             expenses of sale, including
                                             actual attorneys fees.     
                                             Cargo of a perishable      
                                             nature, or of a nature     
                                             likely to damage other     
                                             cargo or property may be   
                                             sold at public or private  
                                             sale without advertising.  
13 Liability, indemnity...................  Every person, corporation,  
                                             firm, or entity using the  
                                             facilities, premises, or   
                                             services of the District   
                                             shall indemnify, and save  
                                             and hold harmless the      
                                             District, its              
                                             Commissioners, officers,   
                                             employees, agents, and     
                                             consultants, from and      
                                             against any all claims,    
                                             damages, losses, and       
                                             expenses, including the    
                                             duty to defend and respond 
                                             in damages, and including  
                                             actual attorney's fees,    
                                             costs, and expenses, for   
                                             injury to, or death of any 
                                             person, employee,          
                                             passenger, agent, licensee,
                                             invitee, or for damage to  
                                             any property, including    
                                             loss of use thereof,       
                                             arising out of, or in any  
                                             manner connected with the  
                                             person's, corporation's    
                                             firm's, or entity's        
                                             actions, omissions, or     
                                             failure, including the     
                                             acts, omissions, or        
                                             failures of their          
                                             employees, agents, or any  
                                             other person acting for    
                                             them or on their behalf.   
                                            The District is not liable  
                                             for any damage to, or loss,
                                             of freight, or vessel      
                                             delay, or demurrage, in the
                                             use of the premises,       
                                             facilities, or services of 
                                             the District.              
                                            Nothing in this tariff is   
                                             intended, nor may be       
                                             construed to relieve any   
                                             liability as to any person,
                                             corporation, firm, or      
                                             entity using the           
                                             facilities, premises, or   
                                             services of the District,  
                                             or concerning any third    
                                             person not a user under    
                                             this tariff, that may arise
                                             under CERCLA, or under any 
                                             other provision of Federal 
                                             or State law. In bearing   
                                             any cost, conducting any   
                                             investigation, or          
                                             performing any cleanup and 
                                             response as directed by the
                                             Government under the       
                                             Project Cooperation        
                                             Agreement (``PCA'') to     
                                             enable the construction,   
                                             operation and maintenance  
                                             of the Project under that  
                                             Agreement, or the conduct  
                                             of berth dredging under    
                                             that Agreement and as      
                                             required under the PCA, the
                                             District disclaims any     
                                             liability under CERCLA, or 
                                             under any other provision  
                                             of Federal or State law,   
                                             for the presence, release, 
                                             threatened release, or     
                                             response to release or     
                                             threatened release, or for 
                                             the generation,            
                                             transportation, storage, or
                                             disposal of contaminated   
                                             material, and reserves the 
                                             right to recover the cost  
                                             of any investigations, and 
                                             any amounts expended for   
                                             cleanup and response from  
                                             potentially responsible    
                                             parties.                   
------------------------------------------------------------------------


[[Page 34702]]


         Miscellaneous Services--Rates and Conditions--Section 6        
------------------------------------------------------------------------
             Item and subject                   Rates and conditions    
------------------------------------------------------------------------
14  Harbor Usage fees.....................  a. Vessels--$10.0 per foot  
                                             of draft based upon        
                                             reported sailing draft at  
                                             time of departure.         
                                            b. Cargo--$0.15 per short   
                                             ton or $0.1653 per metric  
                                             ton.                       
------------------------------------------------------------------------

Section III. Severability

    If any part of this Ordinance is invalid, all valid parts that 
are severable from the invalid part remain in effect. If a part of 
this Ordinance is invalid in one or more of its applications, the 
part remains in effect in all valid applications that are severable 
from the invalid application.

Section IV. Special Procedures Prior to Adoption of Ordinance

    The Chief Executive Officer shall publish the full text of the 
proposed Ordinance, and transmit a Notice of Intent and draft harbor 
usage fee schedule concurrently to the District Engineer along with 
the approved Draft Project Cooperation Agreement and Financial Plan, 
and to the Assistant Secretary of the Army for Civil Works for 
publication in the Federal Register, sets August 14, 1997 as the 
date for the public hearing on this Ordinance and proposed harbor 
usage fee, and upon completion of the public hearing directs the 
transmittal of the final fee schedule concurrently to the District 
Engineer, the Assistant Secretary of the Army for Civil Works, and 
to the Federal Maritime Commission in the form of the adopted 
General Tariff No. 1 through electronic tariff filing.

Section V. Scheduling of Public Hearing on Proposed Harbor Usage Fee

    Under 33 U.S.C. 2236(a)(5) a public hearing on the proposed 
harbor usage fee is scheduled for Thursday, August 14, 1997 
commencing at 7:00 p.m. in the conference room of the Humboldt Bay 
Harbor, Recreation, and Conservation District, Samoa-Woodley Island 
Marina, Eureka, CA 95502-1030

Section VI. Designation of Official and Setting Deadline for Receipt of 
Comments Concerning Proposed Harbor Usage Fee

    Under 33 U.S.C. 2236(a)(6) public comments concerning the 
proposed harbor usage fee should be directed in writing to the Chief 
Executive Officer, Humboldt Bay Harbor, Recreation, and Conservation 
District, P.O. Box 1030 Eureka, CA 95502-1030. Tel. (707) 443-0801. 
The public comment period will close upon the close of business at 
4:00 p.m., August 20, 1997. Written comments must be received by the 
District on or before that date in order to be considered by the 
Commission prior to taking final action on the proposed harbor usage 
fee.

Section VII. Effective Date

    This Ordinance is effective thirty days following final adoption 
by the Board of Commissioners.
    THIS ORDINANCE PASSED AND ADOPTED THIS ________ DAY OF 
________1997, BY THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY 
HARBOR, RECREATION, AND CONSERVATION DISTRICT BY THE FOLLOWING 
POLLED VOTE:

AYES:
NOES:
ABSENT:
Dennis G. Hunter,
President Board of Commissioners.

ATTEST:

Board of Commissioners

CERTIFICATE OF SECRETARY

    The, undersigned, duly qualified and acting Secretary of the 
Humboldt Bay Harbor, Recreation, and Conservation District, does 
hereby certify: That the attached Ordinance is a true and correct 
copy of Ordinance No., entitled: Ordinance No. enacting General 
Tariff No. 1, establishing rules, regulations, charges, and fees, 
including harbor usage fees on vessels and cargo in connection with 
the Humboldt Harbor and Bay 38 Foot Deep Draft Navigation 
Improvement Project ( the ``Project'') within the jurisdiction of 
the Humboldt Bay Harbor, Recreation, and Conservation District (the 
``Ordinance'') adopted at a legally convened meeting of the Board of 
Commissioners of the Humboldt Bay Harbor, Recreation, and 
Conservation District, duly held on the day of ________, 1997; and 
further that such Resolution has, been fully recorded in the Journal 
of Proceedings in my office and is in full force and effect.
    IN WITNESS WHEREOF, I have hereunto set my hand this ________ 
day of __________, 1997.
Ronald Fritzsche, Secretary
Board of Commissioners.

HARBOR RULES AND REGULATIONS--SECTION 2

Anchoring, mooring, docking, and movement of vessels
Bilge pumping and discharge
Bulkhead and pier line
Construction on tidelands and submerged lands
Dayshapes and vessel lighting
Derelict vessels
District boundaries and jurisdiction
Dredging and filling in navigable waters, permits
Endangerment
Environmental
Hazards to navigation
Humboldt Bay Harbor Master Plan
Leasing of tidelands and submerged lands
Lightering
Manifests
Marking of wrecks, obstructions to navigation
Obstruction to navigation
Oily discharge
Oil spill reporting, cleanup, and response
Personal watercraft
Potable water
Recreation
Rules of the road
Ship emergency response
Stevedoring services
Vessel movement reporting
Vessel traffic monitoring and control
Wildlife habitat
Wreck removal
Zoning

PILOTAGE AND TOWAGE REGULATION--SECTION 3

Fees
Harbor safety committee
Indemnity
Liability
Licensing
Pilotage regulation
Qualifications
Suspension, revocation, reinstatement
Towage
Tug escort

HARBOR POLICE, FIRE PROTECTION, OIL SPILL RESPONSE, SANITARY AND OTHER 
SERVICES--SECTION 4

Fees
Joint powers, mutual aid, mutual assistance agreements
Marine pollution protection
Oily waste disposal
Vessel pumpout facilities

PERMITS AND FACILITIES RULES, REGULATIONS AND RATES--SECTION 5

Bonded warehouse
Breakwater
Bunkering
Channel maintenance and construction
Demurrage
Dockage
Drayage
Dry stack storage
Equipment use, rental
Fish landing, reception, and processing
Marina rules and regulations
Permits, administrative, emergency, special use, procedure
Rail
Service and facilities charges
Slip rentals
Tug
Towage
Turning basins
Warehousing
Wharfage
Wharfinger

MISCELLANEOUS SERVICES--RATES AND CONDITIONS--SECTION 6

Export services
Export service fees
Export trading company
Foreign trade zone
Harbor usage fees
Oil spill response fee

[FR Doc. 97-16806 Filed 6-26-97; 8:45 am]
BILLING CODE 3710-19-M