Update of Ports Subject to the Harbor Maintenance Fee

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 24

[T.D. 97-45]

RIN 1515-AA57

Update of Ports Subject to the Harbor Maintenance Fee

AGENCY: Customs Service, Department of the Treasury.

ACTION: Interim regulation; solicitation of comments.

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

SUMMARY: Commercial vessels transporting cargo at certain ports are

subject to a harbor maintenance fee pursuant to the Water Resources

Development Act of 1986 and interim Customs Regulations regarding the

harbor maintenance fee. This document amends the list of ports subject

to the fee. This amendment is made to further clarify the port

descriptions and to update the list as to locations which are exempt

from the fee.

DATES: Effective June 4, 1997. Written comments must be received by

July 7, 1997.

ADDRESSES: Written comments (preferably in triplicate) may be submitted

to the Regulations Branch, Office of Regulations and Rulings, U.S.

Customs Service, Franklin Court, 1301 Constitution Avenue, NW,

Washington, DC 20229, and may be inspected at Franklin Court, 1099 14th

Street, NW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Patricia Barbare, Office of Finance,

U.S. Customs Service, 202-927-0034.

SUPPLEMENTARY INFORMATION:

Background

The Water Resources Development Act of 1986 (Pub. L. 99-662)

established a Harbor Maintenance Trust Fund to be used for improving

and maintaining ports and harbors in the U.S. Pursuant to the Act, this

fund is supported by a harbor maintenance fee assessed on port use by

vessels carrying waterborne commercial cargo. By assessing a charge for

port use, the Act causes those shippers, exporters and importers who

benefit from the maintenance of a Federal port or harbor to share in

the cost of that maintenance.

The Act defines port generally as any channel or harbor or

component thereof

[[Page 30449]]

in the U.S. which is not an inland waterway, is open to public

navigation, and at which Federal funds have been used since 1977 for

construction, maintenance or operation.

Customs published T.D. 87-44 in the Federal Register (52 FR 10198)

on March 30, 1987, establishing interim regulations for the collection

of the harbor maintenance fee. The regulations are set forth in

Sec. 24.24, Customs Regulations (19 CFR 24.24). When drafting T.D. 87-

44, Customs, in conjunction with the U.S. Army Corps of Engineers, took

the definition of port in the Act and established a list of ports in

Sec. 24.24(b)(1), Customs Regulations (19 CFR 24.24(b)(1)). The list of

ports includes in the descriptions and notations column the description

of movements which are considered intraport; pursuant to the Act and

Sec. 24.24(d)(1) of the regulations, the fee is not to be assessed on

the mere movement of commercial cargo within a port. Commercial ports

with depths of less than 14 feet were not included on the list. Customs

stated in T.D. 87-44 that the list is subject to change and will be

amended, if necessary, to reflect money spent by the U.S. Army Corps of

Engineers for construction, maintenance or operation of any port not on

the original list. The list of ports which are subject to the HMF was

amended in T.D. 92-7.

Since the publication of T.D. 92-7, there has been some

modification of ports on which there is relevant Corps of Engineers

activity. In order to provide the shipping public with the best

available information on which ports the HMF will be assessed, Customs

has decided to publish this revised list of HMF ports.

Litigation is ongoing regarding the constitutionality of the HMF as

it is applied to port use associated with exports. However, the fee is

still being collected for all purposes pending the outcome of the

litigation and will most likely continue to be collected on port use

not associated with exports regardless of the outcome of the

litigation.

In this document, Customs again is amending the interim regulations

on the harbor maintenance fee to clarify the listing in

Sec. 24.24(b)(1) of ports subject to the HMF. A document finalizing the

interim regulations on the HMF will be published once the litigation

involving the constitutionality of the fee has been completed.

Comments

It is noted that the harbor maintenance fee regulations are still

interim. While the comment period has expired on the main portion of

the interim regulations (see 52 FR 20593, dated June 2, 1987; extension

of comment period on interim regulations to August 28, 1987), Customs

will give consideration any written comments (preferably in triplicate)

timely submitted relating to the description of the ports set forth in

this document. Comments submitted will be available for public

inspection in accordance with the Freedom of Information Act (5 U.S.C.

552), Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and

Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular

business days between the hours of 9:00 a.m. and 4:30 p.m., at the

Regulations Branch, 1099 14th Street, NW., Suite 4000, Washington, DC.

Inapplicability of Notice and Delayed Effective Date

The statutory effective date of the harbor maintenance fee was

April 1, 1987. Because these amendments merely clarify the interim

regulations that implement the statutory provision and do not impose

any additional burdens on, or take away any existing rights or

privileges from the public, pursuant to 5 U.S.C. 553(b)(B), notice and

public procedure is impracticable and unnecessary. Similarly, pursuant

to 5 U.S.C. 553(d)(1)(3), a delayed effective date is not provided.

These amendments are effective as of the date of publication in the

Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

This amendment does not meet the criteria for a ``significant

regulatory action'' under E.O. 12866. Because no notice of proposed

rulemaking is required, the provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.) are not applicable.

Drafting Information:

The principal author of this document was Peter T. Lynch,

Regulations Branch, Office of Regulations and Rulings, U. S. Customs

Service. However, personnel from other offices participated in its

development.

List of Subjects in 19 CFR Part 24

Accounting, Customs duties and inspection, Imports, Taxes.

Amendment to the Regulations

Part 24, Customs Regulations (19 CFR part 24) is amended as set

forth below:

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

1. The general authority for part 24, Customs Regulations (19 CFR

part 24) and the specific relevant authority for Sec. 24.24 Customs

Regulations (19 CFR 24.24), continue to read as follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 58a-58c, 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the United States), 1624; 31

U.S.C. 9701.

* * * * *

Section 24.24 also issued under 26 U.S.C. 4461, 4462;

* * * * *

2. The list of ports subject to the harbor maintenance fee set

forth in Sec. 24.24(b)(1), Customs Regulations (19 CFR 24.24(b)(1)) is

revised to read as follows:

Sec. 24.24 Harbor Maintenance Fee.

* * * * *

(b) Definitions. * * *

(1) * * *

Port Codes, Names, and Descriptions of Ports Subject to Harbor

Maintenance Fee

[Section 1402 of PL 99-662, as amended]

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

Port code, port name and state Port descriptions and notations

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

Alabama

1901--Mobile

Alaska

3126--Anchorage........................ Includes Seldovia Harbor, and

Homer. Movements between these

points are intraport.

3106--Dalton Cache..................... Includes Haines Harbor.

3101--Juneau........................... Includes only Hoonah Harbor.

Fee does not apply to Juneau

Harbor.

3102--Ketchikan........................ Includes Metlakatla Harbor. Fee

does not apply to Wades Cove.

3127--Kodiak

[[Page 30450]]

3112--Petersburg....................... Includes Wrangell Narrows.

3125--Sand Point....................... Includes Humboldt, King Cove

and Iliuliuk Harbor. Fee does

not apply to Dutch Harbor.

3115--Sitka............................ Includes Sergius-Whitestone

Narrows.

--St. Paul

California

2802--Eureka........................... Includes Crescent City.

Los Angeles/Long Beach Ports........... Includes Ventura, Port Hueneme,

2709--Long Beach Harbor Channel Islands Harbor, Santa

2704--Los Angeles Barbara, Marina Del Ray, Los

2713--Port Hueneme Angeles and Long Beach.

2712--Ventura Movements between these points

are intraport.

2805--Monterrey

2719--Moro Bay......................... Includes only Moro Bay.

2501--San Diego........................ Includes San Diego River and

Mission Bay, and Oceanside

Harbor.

2707--San Luis

San Francisco Bay Area Ports *......... Includes all points inshore of

2813--Alameda the Golden Gate Bridge on the

2830--Carquinez Strait bays and the straits and on

2815--Crockett the Napa, Sacramento and San

2820--Martinez Joaquin Rivers, and on the

2811--Oakland deep water channels to

2821--Redwood City Sacramento and Stockton.

2812--Richmond Movements between points above

2816--Sacramento Suisun Bay (Longitude 122

2809--San Francisco degrees West at Port Chicago)

2828--San Joaquin are intraport. Movements

2829--San Pablo Bay between points below Longitude

2827--Selby 122 degrees West and the

2810--Stockton Golden Bridge are all

2831--Suisun Bay intraport. All other movements

are interport.

Connecticut

0410--Bridgeport....................... Includes Housatonic River, and

Stamford Harbor, and Wilson

Point Harbor. Movements

between these points are

intraport.

0411--Hartford......................... Includes all points on the

Connecticut River between

Hartford and Long Island

Sound. Movements within this

area are intraport.

0412--New Haven

0413--New London....................... Includes all points on the

Thames River from the mouth

to, and including Norwich, CT.

Also includes Groton, CT.

Delaware

Delaware River Ports, DE, NJ, PA *..... Includes all points on the

1102--Chester, PA Delaware River from Trenton to

1107--Camden, NJ the sea at a line between Cape

1113--Gloucester, NJ Henlopen and Cape May, all

1118--Marcus Hook, PA points on the four miles of

1105--Paulsboro, NJ the Christina River, Delaware,

1101--Philadelphia, PA and all points on the lower

1103--Wilmington, DE six miles of Schuylkill River,

Pennsylvania. Fee applies to

all movements on the

Chesapeake and Delaware Canal

east of U.S. Highway 13.

Includes Absecon Inlet

(Atlantic City) and Cold

Spring Inlet. Movements within

this area are intraport.

District of Columbia

Potomac River Ports, DC, D, VA *....... Includes all points on the

5402--Alexandria, VA Potomac River (see Chesapeake

5401--Washington, DC Bay Ports map) from a line

between Point Lookout and the

Little Wicomico River at

Chesapeake Bay to and

including Washington and

Alexandria. Movements between

these points are intraport.

Florida

1807--Boca Grande

1805--Fernandina Beach

5205--Fort Pierce

1803--Jacksonville

5202--Key West

5201--Miami

1818--Panama City...................... For HMF purposes, also includes

1819--Pensacola Carrabelle and Port St. Joe.

1816--Port Canaveral

5203--Port Everglades

[[Page 30451]]

Tampa Bay Ports *...................... Includes Alafia River, Port

1814--St Petersburg Manatee, Port Sutton, Port

1801--Tampa Tampa Weedon Island, and all

other points on or approached

using the Tampa Harbor Channel

inshore of the Sunshine Skyway

Bridge. Movements between

these points are intraport.

5204--West Palm Beach

Georgia

1701--Brunswick........................ Includes St. Marys River.

1703--Savannah

Hawaii

3202--Hilo............................. Includes Kawaihae.

3201--Honolulu......................... Includes Barbers Point Harbor.

3203--Kahului.......................... Includes Kaunakakai Harbor.

3204--Nawiliwili-Port Allen............ Includes both Nawiliwili and

Port Allen.

Illinois

Southern Lake Michigan Ports........... Includes Waukegan Harbor, Il.,

3901--Chicago, IL Indiana Harbor (East Chicago,

3902--East Chicago, IN IN) Calumet Harbor, the

3905--Gary, IN Chicago River (up to the North

Avenue Bridge) and the Chicago

Harbor. Fee applies at the

ports of Michigan City and

Burns Waterway Harbor, IN. Fee

does not apply at Buffington

Harbor or Gary Harbor.

Movements within an area from

Waukegan, IL to Michigan City,

IN are intraport.

Indiana

Southern Lake Michigan Ports........... Includes Waukegan Harbor, IL.

3901--Chicago, IL Indiana Harbor (East Chicago,

3904--East Chicago, IN IN) Calumet Harbor, the

3905--Gary, IN Chicago River (up to the North

Avenue Bridge) and the Chicago

Harbor. Fee applies at the

ports of Michigan City and

Burns Waterway Harbor, IN. Fee

does not apply at Buffington

Harbor or Gary Harbor.

Movements within an area from

Waukegan, IL to Michigan City,

IN are intraport.

Louisiana

2017--Lake Charles..................... Includes all points on the

Calcasieu River and Pass. Also

includes Mermentau River from

Catfish Point Control

Structure to the Gulf.

Mississippi River Ports/Baton Rouge and Includes all river points from

Vicinity *. River Mile 115 Above Head of

2004--Baton Rouge Passes (AHP) at the St.

2010--Gramercy Charles Parish-Jefferson

Parish line, to River Mile

233.9 AHP at Baton Rouge.

Includes Destrehan, Good Hope,

and St. Rose. Movements

between these points are

intraport.

Mississippi River Ports/New Orleans and Includes all river points from

Vicinity *. River mile 115 Above Head of

2002--New Orleans Passes (AHP) to Mile 21.6

2005--Port Sulphur Below Head of Passes (BHP) via

Southwest Pass and to Mile

14.7 BHP via South Pass. Also

includes all points on the

Inner Harbor Navigation Canal,

Avondale, and the Mississippi

River Gulf Outlet. Movements

between these points are

intraport.

2001--Morgan City *.................... Includes Atchafalaya River from

Morgan City to the Gulf.

Includes all points on the

Houma Navigation Canal, and

points on the Gulf Intra-

coastal Waterway between Mile

49.8 West and Mile 107.0 West.

Movements between these points

are intraport.

Maine

0102--Bangor

0111--Bath

0131--Portsmouth, NH

0132--Belfast.......................... Includes all Penobscot River

points (Bucksport and

Winterport), and Georges

River. Fee does not apply at

Belfast, Searsport, Sandy

Point, or Castine Harbor.

0101--Portland

Maryland

Chesapeake Bay Ports, MD *............. Includes all Maryland points on

1303--Baltimore the Chesapeake Bay and its

1302--Cambridge tributary waters except for

1301--Annapolis the Potomac River. Also

includes the Waterway from the

Delaware River to the

Chesapeake Bay west of U.S. 13

highway bridge. Movements

between these points are

intraport. (Also see

Chesapeake Bay Ports: VA.)

Massachusetts

0401--Boston........................... Includes all of the Port of

Boston inshore of Castle

Island on the Inner Harbor and

Chelsea and Mystic River and

all points on the Weymouth

Fore, and Town and Black

Rivers, and Dorchester Bay.

Also includes Plymouth Harbor.

Movements between points on

the Saugus River in the North

and Plymouth Harbor in the

South are intraport.

0404--Gloucester

[[Page 30452]]

0407--Fall River

Michigan

3843--Alpena........................... Fee does not apply to

Stoneport.

Monroe/Detroit/Harbor Beach Includes Monroe, Detroit, and

3801--Detroit the Detroit River, St. Clair

3802--Port Huron River, Port Huron and all

points on the Rouge and Black

Rivers. Fee also applies at

Harbor Beach, MI. All

movements within this area

between Monroe and Harbor

Beach, MI are intraport.

3803--Escanaba......................... Fee applies at all points on

the little Bay de Noc above

Escanaba, including Gladstone

and Kipling. Movements within

an area from Escanaba to the

Mackinac Bridge are intraport.

Fee does not apply at

Escanaba.

South Central Lake Superior Ports...... Includes Ontonagon Harbor, all

3809--Marquette points on the Harbor, all

3842--Presque Isle points on the Keweenaw

Waterway, Presque Isle Harbor

and Marquette and Grand

Marais. Movements between all

Michigan ports on Lake

Superior are intraport.

Eastern Lake Michigan Ports............ Fee applies at Charlevoix,

3815--Muskegon Frankfort, Portage Lake,

3816--Grand Haven Manatee, Ludington, Pentwater

3844--Ferrysburg Harbor, Ferrysburg, White Lake

Harbor, Muskegon, Grand Haven,

and South Haven, Holland, and

St. Joseph/Benton Harbor, MI.

All movements between Eastern

Lake Michigan ports are

intraport.

Upper Lake Huron Ports................. Includes all points on the St.

3803--Sault Ste. Marie Mary's River, the ports of

3804--Saginaw-Flint-Bay City Cheyboygan, Alpena, Bay City,

3843--Alpena and Saginaw River. Does not

include Alabaster, Cacit, Port

Dolomite, Port Inland, Port

Gypum or Stoneport. Movements

within an area from Sault Ste.

Marie and the Saginaw River

are intraport.

Minnesota

Duluth/Superior Area Ports............. Fee applies at Two Harbors and

3601--Duluth Duluth, MN, and Superior, WI.

3602--Ashland Fee also applies at Ashland

3608--Superior and Port Wing, WI and Grand

3614--Silver Bay Marais, MN. Fee does not apply

at Taconite, or Silver Bay,

MN. All movements between

Silver Bay, MN and Ashland, WI

are considered intraport.

Mississippi

1902--Gulfport......................... Does not include Bienville.

1903--Pascagoula

New Hampshire

0131--Portsmouth, NH

New Jersey

Delaware River Ports, DE, NJ, PA *..... Includes all points on the

1102--Chester, PA Delaware River from Trenton to

1107--Camden, NJ the sea at a line between Cape

1113--Gloucester, NJ Henlopen and Cape May, all

1118--Marcus Hook, PA points on the lower four miles

1105--Paulsboro, NJ of the Christina River,

1101--Philadelphia, PA Delaware, and all points on

1103--Wilmington, DE the lower six miles of the

Schuylkill River, PA. Fee

applies to all movements on

the Chesapeake and Delaware

Canal east of U.S. Highway 13.

Includes Absecon Inlet

(Atlantic City) and Cold

Spring Inlet. Movements

between these points are

intraport.

1003--Newark........................... See New York Harbor.

1004--Perth Amboy...................... See New York Harbor.

New York

New York Harbor, NY, NJ *.............. Includes all points in New York

1001--New York and New Jersey with the Port

1003-Newark of New York on the waters

1004--Perth Amboy inshore of a line between

Sandy Hook and Rockaway Point

and south of Tappan Zee Bridge

on the Hudson and west of

Throgs Neck Bridge of the East

River. Movements between these

and all points within the New

York Port District boundaries

described in New York Code

(Chapter 154, Laws of New

York, 1921), are intraport.

1002--Albany *......................... Includes all points on the

Hudson River between Tappan

Zee Bridge and the Troy Lock

and Dam. Movements between

points within this area are

intraport.

0901--Buffalo-Niagara Falls............ Includes Buffalo Harbor, Black

Rock Channel and Tonawanda

Harbor, and all points on

Cattaraugus Creek, and Dunkirk

Harbor. Movements between

these points are intraport.

0706--Cape Vincent

0701--Ogdensburg

0904--Oswego

0903--Rochester

0905--Sodus Point...................... Includes Little Sodus Bay

Harbor, and Great Sodus Bay

Harbor.

[[Page 30453]]

North Carolina

1511--Beaufort-Morehead City........... Includes Ocracoke Inlet.

Movements within this area are

intraport.

1501--Wilmington................... Includes all points on the Cape

Fear and Northeast Cape Fear

Rivers inshore of the Atlantic

Ocean entrance. Movements

within this area are

intraport.

Ohio

Lake Erie Ports........................ Includes Toledo, Sandusky,

4108--Ashtabula Huron, Lorain, Cleveland,

4101--Cleveland Fairport, Ashtabula, Conneaut

4109--Conneaut and Erie. Movements between

4106--Erie, PA these points are intraport.

4111--Fairport Fee does not apply at

4117-Huron Marblehead.

4121--Lorain

4105--Toledo-Sandusky

Oregon

Columbia River Ports, OR, WA........... Includes all points on the

2901--Astoria, OR Columbia River downstream of

2904--Portland, OR Bonneville Dam, and all points

2909--Kalama, WA on the Willamette River

2905--Longview, WA downstream of River Mile 21.

2908--Vancouver, WA Includes the Multnoma Channel,

the Skipanon Channel, and

Oregon Slough. Movements

between points within this

area are intraport.

2903--Coos Bay......................... Includes Port Orford, the

Siuslaw River, and Umpaqua

River. Movements between these

points are intraport.

2902--Newport.......................... Includes Tillamook Bay, and

Yaguina Bay and Harbor.

Pennsylvania

Delaware River Ports, DE, NJ, PA *..... Includes all points on the

1102--Chester, PA Delaware River from Trenton to

1107--Camden, NJ the sea at a line between Cape

1113--Gloucester, NJ Henlopen and Cape May, all

1118--Marcus Hook, PA points on the lower four miles

1105--Paulsboro, NJ of the Christina River,

1101--Philadelphia, PA Delaware, and all points on

1103--Wilmington, DE the lower six miles of the

Schuykill River, Pennsylvania.

Fee applies to all movements

on the Chesapeake and Delaware

Canal east of U.S. Highway 13.

Includes Absecon Inlet

(Atlantic City) and Cold

Spring Inlet. Movements

between these points are

intraport.

Puerto Rico

4907--Mayaguez

4908--Ponce............................ Does not include Guayanilla and

Tallaboa.

4909--San Juan......................... Includes Arecibo.

Rhode Island

0502--Providence....................... Federal project limit:

Providence River East of

Prudence Island just above

Dyer Island and ending at

Hurricane Barrier at Fox

Point. The areas west of

Prudence Island, including

Quonset Point, Patience

Island, Warwick Neck and

Greenwich Bay are not subject

to the fee.

South Carolina

1601--Charleston....................... Includes the Ashley River,

Cooper River, Shipyard River,

and Port Royal Harbor.

Movements within this area are

intraport.

1602--Georgetown

Texas

2301--Brownsville...................... Includes Port Isabel and Brazos

Island Harbor. Movements

between these points are

intraport.

5312--Corpus Christi

5311--Freeport

Galveston Bay Ports *.................. Includes Port Bolivar and all

points on Galveston Bay in

Galveston County. Movements

between points within this

area are intraport.

5301--Houston *........................ Includes Bayport, Baytown, and

all other points on or

accessed via the Houston Ship

Channel from the Liberty/

Chambers county line on the

north to the Chambers/

Galveston county line to the

south. Movements within this

area are intraport.

5313--Port Lavaca...................... Includes Matagorda Ship

Channel.

Sabine Ports *......................... Includes Port Neches, Sabine

2104--Beaumont Pass and all other points on

2103--Orange the Sabine-Neches Waterway.

2101--Port Arthur Movements between these points

2102--Sabine are intraport.

[[Page 30454]]

Virginia

Potomac River Ports, DC, MD, VA *...... Includes all points on the

5402--Alexandria, VA Potomac River (see Chesapeake

5401--Washington, DC Bay Ports map) from a line

between Point Lookout and the

Little Wicomico River at

Chesapeake Bay to and

including Washington and

Alexandria. Movements between

these points are intraport.

Chesapeake Bay Ports,VA *.............. Includes all Virginia points on

1406--Cape Charles the Chesapeake Bay inshore of

1402--Newport News a line from Cape Henry to Cape

1401--Norfolk Charles, and tributary waters

including the ports of Hampton

Roads. Does not include the

Potomac River or the James

River above the James River

Bridge at Newport News.

Movements between points

within this area are

intraport. (Also see

Chesapeake Bay Ports, MD.)

James River Ports, VA.................. Includes all points on the

1408--Hopewell James River above the James

1404--Richmond/Petersburg River Bridge at Newport News.

Movements between these points

are intraport.

Washington

3003--Aberdeen......................... Includes Grays Harbor and

Yaguina Bay and Harbor.

Movements between these points

are intraport.

Puget Sound Ports, WA*................. Fee applies only at ports

3005--Bellingham listed. Bellingham includes

3006--Everett all of Bellingham Bay and

3007--Port Angeles tributary waters north of

3001--Seattle Chuchanut Bay on the east, and

3002--Tacoma Portage Island on the west.

3026--Olympia Port Everett includes all of

Port Dardner (an arm of

Possession Sound) between

Elliott Point on the south to,

and including, the Snahomish

River on the north. The port

of Olympia includes all points

on Budd Inlet extending from

Cooper and Dofflemyer Point on

the north to, and including,

the city of Olympia on the

south. The fee applies to all

points within the Inner Harbor

of the Port of Seattle,

including Salmon Bay, Lakes

Union and Washington, the Lake

Washington Ship Canal, and

Kenmore Navigation Channel.

Includes all points on Elliott

Bay and tributary waters

between West Point on the

north and Duwamish Head on the

south. Fee applies at all

points within Tacoma Harbor

including all of Commensement

Bay and tributary waters

between Browns Point on the

east and Point Defiance on the

west. Movements between these

ports and any other U.S.

points on Puget Sound or the

Strait of Juan de Fuca east of

Cape Flattery are intraport.

3010--Anacortes........................ Includes only access channel

and berthing areas adjacent to

Anacortes Industrial Park off

30th Street.

Columbia River Ports, WA, OR....... Includes all points on the

2901--Astoria, OR Columbia River downstream of

2904--Portland, OR Bonneville Dam, and all points

2909--Kalama, WA on the Willamette River

2905--Longview, WA downstream of River mile 21.

2908--Vancouver, WA Includes the Multnoma Channel,

the Skipanon Channel, and

Oregon Slough. Movements

between points within this

area are intraport.

Wisconsin

3602--Ashland...................... See Duluth/Superior Area Ports,

MN.

Green Bay/Marinette Area Ports......... Fee applies to all movements

3703--Green Bay between points along the

3702--Marinette Sturgeon Bay and Lake Michigan

Ship Canal. Fee also applies

to Green Bay, Oconto, and

Menominee/Marinette. Movements

between points from Menominee

and points along the Sturgeon

Bay and Lake Michigan Ship

Canal are intraport.

Western Lake Michigan Ports............ Includes the ports of

3701--Milwaukee Milwaukee, Racine, and

3708--Racine Sheboygan, MN. All movements

3707--Sheboygan between these points are

intraport.

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

*Indicates that a map of this area is available from the Budget

Division, Office of Finance, U.S. Customs Service, Room 6328, 1301

Constitution Ave., NW., Washington, DC 20229; tel. 202-927-0034.

[[Page 30455]]

* * * * *

George J. Weise,

Commissioner of Customs.

Approved: April 17, 1997.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-14409 Filed 6-3-97; 8:45 am]

BILLING CODE 4820-02-P