Electronic Payment and Refund of Quarterly Harbor Maintenance Fees, 45364-45368 [E8-17967]
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Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
3. In § 210.13, redesignate paragraph
(c) as paragraph (d), and add a new
paragraph (c) to read as follows:
§ 210.13
Facilities management.
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(c) Food safety program. The school
food authority must develop a written
food safety program for each of its food
preparation and service facilities that
meets the requirements in paragraph
(c)(1) or paragraph (c)(2) of this section.
(1) A school food authority with a
food safety program based on traditional
hazard analysis and critical control
point (HACCP) principles must:
(i) Perform a hazard analysis;
(ii) Decide on critical control points;
(iii) Determine the critical limits;
(iv) Establish procedures to monitor
critical control points;
(v) Establish corrective actions;
(vi) Establish verification procedures;
and
(vii) Establish a recordkeeping system.
(2) A school food authority with a
food safety program based on the
process approach to HACCP must
ensure that its program includes:
(i) Standard operating procedures to
provide a food safety foundation;
(ii) Menu items grouped according to
process categories;
(iii) Critical control points and critical
limits;
(iv) Monitoring procedures;
(v) Corrective action procedures;
(vi) Recordkeeping procedures; and
(vii) Periodic program review and
revision.
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4. In § 210.15,
a. Revise the introductory text in
paragraph (b); and
b. Revise paragraph (b)(5).
The revisions read as follows:
§ 210.15
(h) * * *
(6) Food safety. The State Agency
must examine records to confirm that
each school food authority under its
jurisdiction meets the food safety
requirements of § 210.13.
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PART 220—SCHOOL BREAKFAST
PROGRAM
1. The authority citation for 7 CFR
part 220 continues to read as follows:
Authority: 42 U.S.C. 1773, 1779, unless
otherwise noted.
2. In § 220.7:
a. Add a new paragraph (a)(3); and
b. Revise paragraph (e)(8).
The addition and revision read as
follows:
§ 220.7
Requirements for participation.
(a) * * *
(3) A school food authority must
implement a food safety program
meeting the requirements of part 210 of
this chapter at each of the food
preparation and service facilities under
its jurisdiction.
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(e) * * *
(8) Maintain, in the storage,
preparation and service of food, proper
sanitation and health standards in
conformance with all applicable State
and local laws and regulations, and
comply with the food safety
requirements in paragraph (a)(2) and
paragraph (a)(3) of this section;
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Dated: July 28, 2008.
Kate Houston,
Acting Under Secretary, Food, Nutrition, and
Consumer Services.
[FR Doc. E8–17941 Filed 8–4–08; 8:45 am]
BILLING CODE 3410–30–P
Reporting and recordkeeping.
dwashington3 on PRODPC61 with PROPOSALS
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(b) Recordkeeping summary. In order
to participate in the Program, a school
food authority or a school, as applicable,
must maintain records to demonstrate
compliance with Program requirements.
These records include but are not
limited to:
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(5) Records from the food safety
program for the current and prior school
year to demonstrate compliance with
§ 210.13(c), and records from the most
recent food safety inspection to
demonstrate compliance with
§ 210.13(b).
5. In § 210.18, add a new paragraph
(h)(6) to read as follows:
§ 210.18
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Administrative reviews.
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DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 24
[Docket No. USCBP 2007–0111]
RIN 1505–AB97
Electronic Payment and Refund of
Quarterly Harbor Maintenance Fees
AGENCIES: Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to
amend title 19 of the Code of Federal
Regulations by prescribing alternative
procedures by which payers of the
quarterly harbor maintenance fee (HMF)
may submit their payments or refund
requests to Customs and Border
Protection (CBP) electronically via an
Internet account established by the
payer and located at https://
www.pay.gov. CBP will continue to
accept quarterly HMF payments or
refund requests via mail. It is also
proposed to clarify the regulations to
state that each HMF quarterly payment,
whether paper or electronic, must be
accompanied by a CBP Form 349 (HMF
Quarterly Summary Report). The
changes proposed in this document are
intended to provide the trade with
expanded electronic payment/refund
options for quarterly HMFs and to
modernize and enhance CBP’s port use
fee collection efforts.
DATES: Comments must be received on
or before October 6, 2008.
ADDRESSES: You may submit comments,
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP 2007–0111.
• Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue,
NW., (Mint Annex), Washington, DC
20229.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch,
Regulations and Rulings, U.S. Customs
and Border Protection, 799 9th Street,
NW., 5th Floor, Washington, DC.
Arrangements to inspect submitted
comments should be made in advance
by calling Joseph Clark at (202) 572–
8768.
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Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Deborah Thompson, Office of Finance,
Revenue Division, Collections, Refunds
and Analysis Branch, (317) 614–4511.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of the
proposed rule. Customs and Border
Protection (CBP) also invites comments
that relate to the economic,
environmental, or federalism effects that
might result from this proposed rule. If
appropriate to a specific comment, the
commenter should reference the specific
portion of the proposed rule, explain the
reason for any recommended change,
and include data, information, or
authority that support such
recommended change.
Background
Harbor Maintenance Fee (HMF)
The harbor maintenance fee (HMF)
was created by the Water Resources
Development Act of 1986 (Pub. L.99–
622, 26 U.S.C. 4461 et seq.). The
purpose of the fee is to require those
who benefit from the maintenance of
U.S. ports and harbors to share in the
associated costs of such maintenance.
The HMF is assessed based on 0.125
percent of the value of commercial cargo
loaded or unloaded at certain identified
ports or, in the case of passengers, on
the value of the actual charge paid for
the transportation.
dwashington3 on PRODPC61 with PROPOSALS
Existing HMF Regulations
The HMF implementing regulations
are set forth in § 24.24 of title 19 of the
Code of Federal Regulations (19 CFR
24.24). Section 24.24(e) sets forth the
procedures applicable to HMF
collections, supplemental payments,
and refunds. Generally, this provision
requires accumulated HMFs to be paid
on a quarterly basis by mailing a check
or money order to a specified CBP
address, accompanied by a CBP Form
349 (HMF Quarterly Summary Report).
See 19 CFR 24.24(e)(1)(ii), (2)(iii), and
(3)(ii). A supplemental HMF payment or
refund request must be accompanied by
a CBP Form 350 (HMF Amended
Quarterly Summary Report), along with
a copy of the CBP Form 349. See 19 CFR
24.24(e)(4)(i) and (iii). Section 24.24(f)
provides that all quarterly payments
required by this section be received no
later than 31 days after the close of the
quarter being paid.
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Proposed Amendments to the HMF
Regulations
Most of the changes proposed in this
document affect 19 CFR 24.24(e) which,
as noted above, sets forth the procedures
applicable to HMF payments and
refunds. Specifically, this document
proposes new alternative procedures
that would permit the electronic
payment of quarterly HMFs using the
Automated Clearinghouse (ACH) via an
Internet account established by the
payer and located at https://
www.pay.gov. Requests for HMF refunds
may also be made through https://
www.pay.gov. Approved HMF refund
payments will be made via ACH to
those payers who are enrolled in the
ACH refund program; all others will
receive refund payments via mail. As
these proposed electronic procedures
are voluntary, CBP will continue to
accept HMF payments and refund
requests sent via mail.
Pay.gov is a secure Internet payment
platform provided by the Financial
Management Service (FMS) for
payments to federal agencies. CBP has
migrated payment of certain fees and
taxes to the pay.gov platform through
the use of ACH debit transactions. CBP
will distribute a user-guide to HMF
payers that provides information
regarding account set-up and related
issues.
This document also proposes to
clarify 19 CFR 24.24(e) to require that,
for both paper and electronic payments
of the quarterly HMF, a CBP Form 349
must accompany each HMF payment.
All three provisions of the existing HMF
payment regulations set forth at 19 CFR
24.24(e)(1)(ii), (2)(iii), and (3)(ii) require
the payer to pay all fees for which he
is liable for the quarter by mailing a
check or money order payable to CBP
and a Harbor Maintenance Fee
Quarterly Summary Report, Customs
Form 349. Based on the existing terms
of these provisions, a payer is required
to remit a single quarterly payment to
CBP accompanied by a single CBP Form
349. In practice, however, CBP has
received HMF payments by methods
that do not follow the regulations. For
example, CBP has received several HMF
payments from a single payer for a
quarter or, in the alternative, a single
HMF payment that is accompanied by
several CBP Form 349s. In a purely
paper environment, CBP was able to
process these submissions. In the
context of an electronic paperless
environment, however, it is proposed to
require that a single CBP Form be
submitted with each HMF payment to
support the transactional requirements
of https://www.pay.gov and to promote
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consistency and harmonization of HMF
collection procedures.
These proposed changes, other than
those involving non-substantive
editorial changes, are discussed below
in more detail.
Explanation of Amendments
It is proposed to amend 19 CFR 24.24
to set forth alternative expanded
procedures for the electronic payment
and refund of quarterly HMFs. It is also
proposed to amend this section to
require that each HMF quarterly
payment or refund request, whether
paper or electronic, be accompanied by
a CBP Form 349 or 350, as appropriate.
Section 24.24(c)(8)(i)
Section 24.24(c) describes the types of
commercial cargo that are exempt from
the HMF. Within this provision,
paragraph (c)(8)(i) specifies donated
cargo that is certified by CBP as
intended for use in humanitarian or
development assistance overseas,
including contiguous countries, as
exempt from the HMF. The existing
regulations direct that a request for a
refund made pursuant to this provision
should be made on a CBP Form 350 and
sent to the Office of Finance located at
CBP Headquarters in Washington, DC,
along with a CBP Form 349 for each
quarter for which a refund is requested
and supporting evidence that
establishes that the entity donating the
cargo is a nonprofit organization or
cooperative and that the cargo was
intended for humanitarian or
development assistance overseas.
It is proposed to amend this provision
to clarify that HMF refund requests
must be submitted to CBP on a Harbor
Maintenance Fee Amended Quarterly
Summary Report, CBP Form 350, and to
provide that the form may either be
mailed to the Office of Finance,
Revenue Division, Customs and Border
Protection, 6650 Telecom Drive,
Indianapolis, Indiana 46278, or it may
be submitted electronically to CBP via
an Internet account established by the
payer and located at https://
www.pay.gov. Upon request by CBP, the
party requesting the refund must also
submit to CBP, via mail, the Harbor
Maintenance Fee Quarterly Summary
Report, CBP Form 349, for the quarter
covering the payment to which the
refund request relates as well as any
supporting documentation deemed
necessary by CBP to certify that the
entity donating the cargo is a nonprofit
organization or cooperative and that the
cargo was intended for humanitarian or
development assistance overseas
(including contiguous countries).
Approved HMF refund payments will
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Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
be made via ACH to those payers who
are enrolled in the ACH refund program;
all others will receive HMF refund
payments via mail.
dwashington3 on PRODPC61 with PROPOSALS
Section 24.24(e)
Section 24.24(e) sets forth the
procedures applicable to HMF
collections, supplemental payments and
refunds. Section 24.24(e)(1)(ii)
prescribes the method by which the
shipper whose name appears on the
Vessel Operation Report must pay the
HMF for domestic vessel movements.
Specifically, this provision directs that
the shipper pay the accumulated fees on
a quarterly basis by mailing a check or
money order to CBP along with the CBP
Form 349.
It is proposed to amend this provision
to state that the shipper may submit the
quarterly HMF payments to CBP either
electronically using ACH via an Internet
account established by the payer and
located at https://www.pay.gov or by
check or money order to the address
specified therein. It is also proposed to
clarify this provision to state that each
HMF quarterly payment, whether paper
or electronic, must be accompanied by
a CBP Form 349.
Several other provisions within
§ 24.24(e) currently require the payer to
submit HMF payments or refund
requests on a quarterly basis by mailing
a check or money order to CBP along
with the CBP Form 349 or 350, as
applicable.
In §§ 24.24(e)(2)(iii), 24.24(e)(3)(ii),
and 24.24(e)(4)(iii), it is proposed to
make changes similar to those described
above to reflect that a payer may submit
quarterly HMF payments to CBP either
electronically using ACH via an Internet
account established by the payer and
located at https://www.pay.gov or by
check or money order to the address
specified therein and that each HMF
payment, whether paper or electronic,
must be accompanied by a CBP Form
349. Similarly, it is proposed that each
HMF refund request must be submitted
on a CBP Form 350 and may either be
submitted to CBP electronically via an
Internet account established by the
payer and located at https://www.pay.gov
or via mail. Upon request by CBP, the
party requesting the refund must submit
to CBP, via mail, the CBP Form 349 for
the quarter covering the payment to
which the refund request relates as well
as any supporting documentation
deemed necessary by CBP. Approved
HMF refund payments will be made via
ACH to those payers who are enrolled
in the ACH refund program; all others
will receive HMF refund payments via
mail.
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Jkt 214001
Section 24.24(e)(4)(iv)(B)(4) provides
that a protest may be filed for any
payment not approved for a refund in a
Revised Report/Certification within 90
days of the issuance of that report. As
the Miscellaneous Trade and Technical
Corrections Act of 2004 (Pub. L.108–
429, 118 Stat. 2593) extended the time
to file and amend a protest from 90 days
to 180 days, it is proposed to amend this
provision accordingly.
Interest, Reporting and recordkeeping
requirements, Taxes, User fees, Wages.
Section 24.24(g)
1. The authority citation for part 24
continues to read in part as follows:
Section 24.24(g) sets forth the
recordkeeping requirements applicable
to this section. This provision directs
the parties responsible for the
maintenance of records to provide
certain contact information to the
Director, Accounting Services in
Accounts Receivable. It is proposed to
amend this provision to reflect that this
information be provided to the Director,
Revenue Division.
The Regulatory Flexibility Act and
Executive Order 12866
Because these proposed amendments
implement alternative procedures that
provide expanded electronic payment/
refund options for quarterly HMFs and
do not require small entities to change
their business practices, pursuant to the
provisions of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., it is certified
that, if adopted, the proposed
amendments will not have a significant
economic impact on a substantial
number of small entities. Further, these
proposed amendments do not meet the
criteria for a ‘‘significant regulatory
action’’ as specified in E.O. 12866.
Paperwork Reduction Act
The collections of information in the
current regulations have already been
approved by the Office of Management
and Budget (OMB) in accordance with
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507) and assigned OMB
control number 1651–0055 (harbor
maintenance fee). This rule does not
involve any material change to the
existing approved information
collection. An agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless the collection of
information displays a valid control
number assigned by OMB.
Signing Authority
This document is being issued in
accordance with 19 CFR 0.1(a)(1).
List of Subjects in 19 CFR Part 24
Accounting, Claims, Customs duties
and inspection, Exports, Imports,
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Amendments to the Regulations
For the reasons set forth in the
preamble, part 24 of title 19 of the CFR
(19 CFR part 24) is proposed to be
amended as set forth below.
PART 24—CUSTOMS FINANCIAL AND
ACCOUNTING PROCEDURE
Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c,
66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C.
9701; Public Law 107–296, 116 Stat. 2135 (6
U.S.C. 1 et seq.).
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2. In § 24.24:
a. The introductory text to paragraph
(c)(8) is amended by removing the
words ‘‘the U.S. Customs Service’’ and
adding in their place the term ‘‘CBP’’;
b. Paragraph (c)(8)(i) is revised;
c. Paragraph (c)(8)(ii) is amended by:
Removing the word ‘‘shall’’ each place
it appears and adding in its place the
word ‘‘must’’; and removing the word
‘‘Customs’’ and adding in its place the
term ‘‘CBP’’;
d. The introductory text to paragraph
(d)(3) is amended by removing the word
‘‘shall’’ and adding in its place the word
‘‘will’’;
e. Paragraph (e)(1)(ii) is revised;
f. Paragraph (e)(2)(i) is amended: In
the second sentence, by removing the
words ‘‘U.S. Customs’’ and adding in
their place the term ‘‘CBP’’; and in the
third sentence, by removing the word
‘‘shall’’ and adding in its place the word
‘‘will’’;
g. Paragraph (e)(2)(ii) is amended: In
the first sentence, by removing the word
‘‘shall’’ and adding in its place the word
‘‘must’’, and by removing the word
‘‘Customs’’ and adding in its place the
term ‘‘CBP’’; in the second sentence, by
removing the language ‘‘U.S. Customs
Entry Summary Form (Customs’’ and
adding in its place ‘‘CBP Entry
Summary Form (CBP’’; and in the third
sentence, by removing the word ‘‘shall’’
and adding in its place the word
‘‘must’’;
h. Paragraph (e)(2)(iii) is revised;
i. Paragraph (e)(3)(ii) is revised;
j. Paragraph (e)(4)(i) is amended by
removing the fourth and fifth sentences;
k. Paragraph (e)(4)(ii) is amended by
removing the word ‘‘Customs’’ each
place it appears and adding in its place
the term ‘‘CBP’’;
l. Paragraph (e)(4)(iii) is amended by:
Removing the word ‘‘Customs’’ each
place it appears and adding in its place
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Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
the term ‘‘CBP’’; and adding after the
last sentence the following language,
‘‘Supplemental payments, accompanied
by the requisite CBP Form 349, must
either be mailed to the Office of
Finance, Revenue Division, Customs
and Border Protection, 6650 Telecom
Drive, Indianapolis, Indiana 46278, with
a check or money order payable to U.S.
Customs and Border Protection, or
submitted electronically to CBP using
the Automated Clearinghouse (ACH) via
an Internet account established by the
payer and located at https://
www.pay.gov. HMF refund requests
must be submitted to CBP on a Harbor
Maintenance Fee Amended Quarterly
Summary Report, CBP Form 350, and
must either be mailed to the above
address or submitted electronically to
CBP via an Internet account established
by the payer and located at https://
www.pay.gov. Upon request by CBP, the
party requesting the refund must also
submit to CBP, via mail, the CBP Form
349 for the quarter covering the
payment to which the refund request
relates as well as any supporting
documentation deemed necessary by
CBP. Approved HMF refund payments
will be made via ACH to those payers
who are enrolled in the ACH refund
program; all others will receive HMF
refund payments via mail.’’;
m. The introductory text to paragraph
(e)(4)(iv) is amended by removing the
word ‘‘Customs’’ and adding in its place
the term ‘‘CBP’’;
n. Paragraph (e)(4)(iv)(A) is amended
by adding after the last sentence the
following language, ‘‘Refund requests
must either be mailed to the Office of
Finance, Revenue Division, Customs
and Border Protection, 6650 Telecom
Drive, Indianapolis, Indiana 46278, or
submitted electronically to CBP via an
Internet account established by the
payer and located at https://
www.pay.gov. Approved HMF refund
payments will be made using the
Automated Clearinghouse (ACH) to
those payers who are enrolled in the
ACH refund program; all others will
receive HMF refund payments via
mail.’’;
o. Paragraphs (e)(4)(iv)(B)(1), (2), and
(3) are amended by removing the word
‘‘Customs’’ each place it appears and
adding in its place the term ‘‘CBP’’;
p. Paragraph (e)(4)(iv)(B)(4) is
amended by: Removing the word
‘‘Customs’’ and adding in its place the
term ‘‘CBP’’; and removing the number
‘‘90’’ each place it appears and adding
in its place the number ‘‘180’’;
q. Paragraph (e)(4)(iv)(B)(5) is
amended: In the second sentence, by
removing the words ‘‘by Customs’’ and
adding in their place the words ‘‘by
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CBP’’, and by removing the words ‘‘and
Customs’’ and adding in their place the
words ‘‘and CBP’s’’; and in the fourth
and fifth sentences, by removing the
word ‘‘Customs’’ each place it appears
and adding in its place the term ‘‘CBP’’;
r. Paragraph (e)(4)(iv)(C) is amended
by removing the word ‘‘Customs’’ each
place it appears and adding in its place
the term ‘‘CBP’’;
s. Paragraph (g) is amended: In the
first, second, fourth, and fifth sentences,
by removing the word ‘‘shall’’ each
place it appears and adding in its place
the word ‘‘must’’, and by removing the
word ‘‘Customs’’ each place it appears
and adding in its place the term ‘‘CBP’’;
and in the third sentence, by removing
the language ‘‘shall advise the Director,
Accounting Services—Accounts
Receivable, P.O. Box 68903,
Indianapolis, Indiana 46268, of the
name, address, and telephone number of
a responsible officer who shall be’’ and
adding in its place the language, ‘‘must
advise the Director, Revenue Division,
6650 Telecom Drive, Indianapolis,
Indiana, 46278, of the name, address, email and telephone number of a
responsible office who is’’;
t. Paragraph (h)(1) is amended by
removing the word ‘‘shall’’ each place it
appears and adding in its place the
word ‘‘will’’;
u. Paragraph (h)(2) is amended by
removing the word ‘‘shall’’ each place it
appears and adding in its place the
word ‘‘must’’; and
v. Paragraph (h)(3) is amended by
removing the word ‘‘shall’’ each place it
appears and adding in its place the
word ‘‘will’’.
The revisions to § 24.24 read as
follows:
§ 24.24
Harbor maintenance fee.
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(c) * * *
(8) * * *
(i) The donated cargo is required to be
certified as intended for use in
humanitarian or development assistance
overseas by CBP. Subsequent to
payment of the fee, a refund may be
requested by submitting to CBP a Harbor
Maintenance Fee Amended Quarterly
Summary Report, CBP Form 350. The
CBP Form 350 must either be mailed to
the Office of Finance, Revenue Division,
Customs and Border Protection, 6650
Telecom Drive, Indianapolis, Indiana
46278, or submitted electronically to
CBP using the Automated Clearinghouse
(ACH) via an Internet account
established by the payer and located at
https://www.pay.gov. Upon request by
CBP, the party requesting the refund
must also submit to CBP, via mail, the
Harbor Maintenance Fee Quarterly
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45367
Summary Report, CBP Form 349, for the
quarter covering the payment to which
the refund request relates as well as any
supporting documentation deemed
necessary by CBP to certify that the
entity donating the cargo is a nonprofit
organization or cooperative and that the
cargo was intended for humanitarian or
development assistance overseas
(including contiguous countries). A
description of the cargo listed in the
shipping documents and a brief
summary of the intended use of the
goods, if such use in not reflected in the
documents, are acceptable evidence for
certification purposes. Approved HMF
refund payments will be made via ACH
to those payers who are enrolled in the
ACH refund program; all others will
receive HMF refund payments via
mail.* * *
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(e) * * *
(1) * * *
(ii) Fee payment. The shipper whose
name appears on the Vessel Operation
Report must pay all accumulated fees
for which he is liable on a quarterly
basis in accordance with paragraph (f) of
this section by submitting to CBP a
Harbor Maintenance Fee Quarterly
Summary Report, CBP Form 349. The
CBP Form 349 must either be mailed to
the Office of Finance, Revenue Division,
Customs and Border Protection, 6650
Telecom Drive, Indianapolis, Indiana
46278, with a check or money order
payable to U.S. Customs and Border
Protection, or the CBP Form 349 and
payment must be submitted
electronically to CBP using the
Automated Clearinghouse (ACH) via an
Internet account established by the
payer and located at https://
www.pay.gov.
(2) * * *
(iii) Foreign Trade Zones. In cases
where imported cargo is unloaded from
a commercial vessel at a port within the
definition of this section and admitted
into a foreign trade zone, the applicant
for admission (the person or corporation
responsible for bringing merchandise
into the zone) who becomes liable for
the fee at the time of unloading
pursuant to paragraph (e)(3)(i) of this
section, must pay all fees for which he
is liable on a quarterly basis in
accordance with paragraph (f) of this
section by submitting to CBP a Harbor
Maintenance Fee Quarterly Summary
Report, CBP Form 349. The CBP Form
349 must either be mailed to the Office
of Finance, Revenue Division, Customs
and Border Protection, 6650 Telecom
Drive, Indianapolis, Indiana 46278, with
a check or money order payable to U.S.
Customs and Border Protection, or the
E:\FR\FM\05AUP1.SGM
05AUP1
45368
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
CBP Form 349 and payment must be
submitted electronically to CBP using
the Automated Clearinghouse (ACH) via
an Internet account established by the
payer and located at https://
www.pay.gov. Fees must be paid for all
shipments unloaded and admitted to the
zone, or in the case of direct deliveries
under §§ 146.39 and 146.40 of this
chapter, unloaded and received in the
zone under the bond of the foreign trade
zone operator.
(3) * * *
(ii) Fee payment. The operator of the
passenger-carrying vessel must pay the
accumulated fees for which he is liable
on a quarterly basis in accordance with
paragraph (f) of this section by
submitting to CBP a Harbor
Maintenance Fee Quarterly Summary
Report, CBP Form 349. The CBP Form
349 must either be mailed to the Office
of Finance, Revenue Division, Customs
and Border Protection, 6650 Telecom
Drive, Indianapolis, Indiana 46278, with
a check or money order payable to U.S.
Customs and Border Protection, or the
CBP Form 349 and payment must be
submitted electronically to CBP using
the Automated Clearinghouse (ACH) via
an Internet account established by the
payer and located at https://
www.pay.gov.
*
*
*
*
*
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: July 31, 2008.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E8–17967 Filed 8–4–08; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 903, 941, 945, and 966
[Docket No. FR–4990–P–01]
RIN 2577–AC59
Streamlining Public Housing Programs
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: This proposed rule would
support HUD’s overall objective to
streamline the regulations governing
public housing programs and to
facilitate the transition of public
housing agencies (PHAs) to asset
management. In general, this proposed
rule would streamline portions of the
public housing regulations, and more
VerDate Aug<31>2005
13:17 Aug 04, 2008
Jkt 214001
closely align the regulatory framework
of public housing with other federally
subsidized housing programs, providing
PHAs greater flexibility within the
parameters of current law. This
proposed rule offers general principles
and basic guidelines for PHAs to follow,
rather than overly prescriptive
measures, thus allowing PHAs to
operate projects more efficiently as
PHAs move toward asset management.
DATES: Comment Due Date: October 6,
2008.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule. There are two
methods for comments to be submitted
as public comments and to be included
in the public comment docket for this
rule. Additionally, all submissions must
refer to the above docket number and
title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make them immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule. No
Facsimile Comments. Facsimile (FAX)
comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
Individuals with speech or hearing
impairments may access this number
via TTY by calling the toll-free Federal
Information Relay Service at (800) 877–
8339. Copies of all comments submitted
are available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bessy M. Kong, Deputy Assistant
Secretary, Office of Policy, Program and
Legislative Initiatives, Office of Public
and Indian Housing, telephone number
(202) 708–0713, extension 2548 (this is
not a toll-free number). Persons with
hearing or speech impairments may
access these numbers through TTY by
calling the toll-free Federal Information
Relay Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
On September 19, 2005, at 70 FR
54983, HUD published a final rule
implementing revisions to the Public
Housing Operating Fund program,
providing for a new formula for
distributing operating subsidy to PHAs,
and establishing requirements for PHAs
to convert to asset management. That
final rule was based substantially on the
recommendations of the congressionally
funded Harvard University Graduate
School of Design study on the cost of
operating well-run public housing
(Harvard Cost Study). Appendix H of
the Harvard Cost Study included a list
of requirements unique to public
housing that, if alleviated or otherwise
eliminated, would either make it easier
for PHAs to transition to asset
management or would more closely
conform the public housing regulatory
environment with that of other assisted
housing programs. Generally, HUD
agrees that streamlining the
requirements and procedures included
in the Harvard Cost Study would make
the transition to asset management
easier. Streamlining these processes
would also increase PHA flexibility and
reduce program costs.
This proposed rule does not, however,
address all of the recommendations of
the Harvard Cost Study. Specifically,
while the Harvard Cost Study and other
industry representatives identified the
Department’s regulations in the area of
tenant participation, codified at 24 CFR
part 964, as an area that would benefit
from streamlining, the Department has
chosen not to address part 964 in this
rulemaking, but will consider
addressing it separately.
E:\FR\FM\05AUP1.SGM
05AUP1
]]>Agencies
[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Proposed Rules]
[Pages 45364-45368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17967]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 24
[Docket No. USCBP 2007-0111]
RIN 1505-AB97
Electronic Payment and Refund of Quarterly Harbor Maintenance
Fees
AGENCIES: Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend title 19 of the Code of
Federal Regulations by prescribing alternative procedures by which
payers of the quarterly harbor maintenance fee (HMF) may submit their
payments or refund requests to Customs and Border Protection (CBP)
electronically via an Internet account established by the payer and
located at https://www.pay.gov. CBP will continue to accept quarterly
HMF payments or refund requests via mail. It is also proposed to
clarify the regulations to state that each HMF quarterly payment,
whether paper or electronic, must be accompanied by a CBP Form 349 (HMF
Quarterly Summary Report). The changes proposed in this document are
intended to provide the trade with expanded electronic payment/refund
options for quarterly HMFs and to modernize and enhance CBP's port use
fee collection efforts.
DATES: Comments must be received on or before October 6, 2008.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments via docket number USCBP
2007-0111.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania
Avenue, NW., (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Regulations and Rulings, U.S. Customs and Border Protection, 799 9th
Street, NW., 5th Floor, Washington, DC. Arrangements to inspect
submitted comments should be made in advance by calling Joseph Clark at
(202) 572-8768.
[[Page 45365]]
FOR FURTHER INFORMATION CONTACT: Deborah Thompson, Office of Finance,
Revenue Division, Collections, Refunds and Analysis Branch, (317) 614-
4511.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. Customs and Border Protection (CBP) also invites
comments that relate to the economic, environmental, or federalism
effects that might result from this proposed rule. If appropriate to a
specific comment, the commenter should reference the specific portion
of the proposed rule, explain the reason for any recommended change,
and include data, information, or authority that support such
recommended change.
Background
Harbor Maintenance Fee (HMF)
The harbor maintenance fee (HMF) was created by the Water Resources
Development Act of 1986 (Pub. L.99-622, 26 U.S.C. 4461 et seq.). The
purpose of the fee is to require those who benefit from the maintenance
of U.S. ports and harbors to share in the associated costs of such
maintenance. The HMF is assessed based on 0.125 percent of the value of
commercial cargo loaded or unloaded at certain identified ports or, in
the case of passengers, on the value of the actual charge paid for the
transportation.
Existing HMF Regulations
The HMF implementing regulations are set forth in Sec. 24.24 of
title 19 of the Code of Federal Regulations (19 CFR 24.24). Section
24.24(e) sets forth the procedures applicable to HMF collections,
supplemental payments, and refunds. Generally, this provision requires
accumulated HMFs to be paid on a quarterly basis by mailing a check or
money order to a specified CBP address, accompanied by a CBP Form 349
(HMF Quarterly Summary Report). See 19 CFR 24.24(e)(1)(ii), (2)(iii),
and (3)(ii). A supplemental HMF payment or refund request must be
accompanied by a CBP Form 350 (HMF Amended Quarterly Summary Report),
along with a copy of the CBP Form 349. See 19 CFR 24.24(e)(4)(i) and
(iii). Section 24.24(f) provides that all quarterly payments required
by this section be received no later than 31 days after the close of
the quarter being paid.
Proposed Amendments to the HMF Regulations
Most of the changes proposed in this document affect 19 CFR
24.24(e) which, as noted above, sets forth the procedures applicable to
HMF payments and refunds. Specifically, this document proposes new
alternative procedures that would permit the electronic payment of
quarterly HMFs using the Automated Clearinghouse (ACH) via an Internet
account established by the payer and located at https://www.pay.gov.
Requests for HMF refunds may also be made through https://www.pay.gov.
Approved HMF refund payments will be made via ACH to those payers who
are enrolled in the ACH refund program; all others will receive refund
payments via mail. As these proposed electronic procedures are
voluntary, CBP will continue to accept HMF payments and refund requests
sent via mail.
Pay.gov is a secure Internet payment platform provided by the
Financial Management Service (FMS) for payments to federal agencies.
CBP has migrated payment of certain fees and taxes to the pay.gov
platform through the use of ACH debit transactions. CBP will distribute
a user-guide to HMF payers that provides information regarding account
set-up and related issues.
This document also proposes to clarify 19 CFR 24.24(e) to require
that, for both paper and electronic payments of the quarterly HMF, a
CBP Form 349 must accompany each HMF payment. All three provisions of
the existing HMF payment regulations set forth at 19 CFR
24.24(e)(1)(ii), (2)(iii), and (3)(ii) require the payer to pay all
fees for which he is liable for the quarter by mailing a check or money
order payable to CBP and a Harbor Maintenance Fee Quarterly Summary
Report, Customs Form 349. Based on the existing terms of these
provisions, a payer is required to remit a single quarterly payment to
CBP accompanied by a single CBP Form 349. In practice, however, CBP has
received HMF payments by methods that do not follow the regulations.
For example, CBP has received several HMF payments from a single payer
for a quarter or, in the alternative, a single HMF payment that is
accompanied by several CBP Form 349s. In a purely paper environment,
CBP was able to process these submissions. In the context of an
electronic paperless environment, however, it is proposed to require
that a single CBP Form be submitted with each HMF payment to support
the transactional requirements of https://www.pay.gov and to promote
consistency and harmonization of HMF collection procedures.
These proposed changes, other than those involving non-substantive
editorial changes, are discussed below in more detail.
Explanation of Amendments
It is proposed to amend 19 CFR 24.24 to set forth alternative
expanded procedures for the electronic payment and refund of quarterly
HMFs. It is also proposed to amend this section to require that each
HMF quarterly payment or refund request, whether paper or electronic,
be accompanied by a CBP Form 349 or 350, as appropriate.
Section 24.24(c)(8)(i)
Section 24.24(c) describes the types of commercial cargo that are
exempt from the HMF. Within this provision, paragraph (c)(8)(i)
specifies donated cargo that is certified by CBP as intended for use in
humanitarian or development assistance overseas, including contiguous
countries, as exempt from the HMF. The existing regulations direct that
a request for a refund made pursuant to this provision should be made
on a CBP Form 350 and sent to the Office of Finance located at CBP
Headquarters in Washington, DC, along with a CBP Form 349 for each
quarter for which a refund is requested and supporting evidence that
establishes that the entity donating the cargo is a nonprofit
organization or cooperative and that the cargo was intended for
humanitarian or development assistance overseas.
It is proposed to amend this provision to clarify that HMF refund
requests must be submitted to CBP on a Harbor Maintenance Fee Amended
Quarterly Summary Report, CBP Form 350, and to provide that the form
may either be mailed to the Office of Finance, Revenue Division,
Customs and Border Protection, 6650 Telecom Drive, Indianapolis,
Indiana 46278, or it may be submitted electronically to CBP via an
Internet account established by the payer and located at https://
www.pay.gov. Upon request by CBP, the party requesting the refund must
also submit to CBP, via mail, the Harbor Maintenance Fee Quarterly
Summary Report, CBP Form 349, for the quarter covering the payment to
which the refund request relates as well as any supporting
documentation deemed necessary by CBP to certify that the entity
donating the cargo is a nonprofit organization or cooperative and that
the cargo was intended for humanitarian or development assistance
overseas (including contiguous countries). Approved HMF refund payments
will
[[Page 45366]]
be made via ACH to those payers who are enrolled in the ACH refund
program; all others will receive HMF refund payments via mail.
Section 24.24(e)
Section 24.24(e) sets forth the procedures applicable to HMF
collections, supplemental payments and refunds. Section 24.24(e)(1)(ii)
prescribes the method by which the shipper whose name appears on the
Vessel Operation Report must pay the HMF for domestic vessel movements.
Specifically, this provision directs that the shipper pay the
accumulated fees on a quarterly basis by mailing a check or money order
to CBP along with the CBP Form 349.
It is proposed to amend this provision to state that the shipper
may submit the quarterly HMF payments to CBP either electronically
using ACH via an Internet account established by the payer and located
at https://www.pay.gov or by check or money order to the address
specified therein. It is also proposed to clarify this provision to
state that each HMF quarterly payment, whether paper or electronic,
must be accompanied by a CBP Form 349.
Several other provisions within Sec. 24.24(e) currently require
the payer to submit HMF payments or refund requests on a quarterly
basis by mailing a check or money order to CBP along with the CBP Form
349 or 350, as applicable.
In Sec. Sec. 24.24(e)(2)(iii), 24.24(e)(3)(ii), and
24.24(e)(4)(iii), it is proposed to make changes similar to those
described above to reflect that a payer may submit quarterly HMF
payments to CBP either electronically using ACH via an Internet account
established by the payer and located at https://www.pay.gov or by check
or money order to the address specified therein and that each HMF
payment, whether paper or electronic, must be accompanied by a CBP Form
349. Similarly, it is proposed that each HMF refund request must be
submitted on a CBP Form 350 and may either be submitted to CBP
electronically via an Internet account established by the payer and
located at https://www.pay.gov or via mail. Upon request by CBP, the
party requesting the refund must submit to CBP, via mail, the CBP Form
349 for the quarter covering the payment to which the refund request
relates as well as any supporting documentation deemed necessary by
CBP. Approved HMF refund payments will be made via ACH to those payers
who are enrolled in the ACH refund program; all others will receive HMF
refund payments via mail.
Section 24.24(e)(4)(iv)(B)(4) provides that a protest may be filed
for any payment not approved for a refund in a Revised Report/
Certification within 90 days of the issuance of that report. As the
Miscellaneous Trade and Technical Corrections Act of 2004 (Pub. L.108-
429, 118 Stat. 2593) extended the time to file and amend a protest from
90 days to 180 days, it is proposed to amend this provision
accordingly.
Section 24.24(g)
Section 24.24(g) sets forth the recordkeeping requirements
applicable to this section. This provision directs the parties
responsible for the maintenance of records to provide certain contact
information to the Director, Accounting Services in Accounts
Receivable. It is proposed to amend this provision to reflect that this
information be provided to the Director, Revenue Division.
The Regulatory Flexibility Act and Executive Order 12866
Because these proposed amendments implement alternative procedures
that provide expanded electronic payment/refund options for quarterly
HMFs and do not require small entities to change their business
practices, pursuant to the provisions of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., it is certified that, if adopted, the
proposed amendments will not have a significant economic impact on a
substantial number of small entities. Further, these proposed
amendments do not meet the criteria for a ``significant regulatory
action'' as specified in E.O. 12866.
Paperwork Reduction Act
The collections of information in the current regulations have
already been approved by the Office of Management and Budget (OMB) in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507)
and assigned OMB control number 1651-0055 (harbor maintenance fee).
This rule does not involve any material change to the existing approved
information collection. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless the collection of information displays a valid control number
assigned by OMB.
Signing Authority
This document is being issued in accordance with 19 CFR 0.1(a)(1).
List of Subjects in 19 CFR Part 24
Accounting, Claims, Customs duties and inspection, Exports,
Imports, Interest, Reporting and recordkeeping requirements, Taxes,
User fees, Wages.
Amendments to the Regulations
For the reasons set forth in the preamble, part 24 of title 19 of
the CFR (19 CFR part 24) is proposed to be amended as set forth below.
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
1. The authority citation for part 24 continues to read in part as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
* * * * *
2. In Sec. 24.24:
a. The introductory text to paragraph (c)(8) is amended by removing
the words ``the U.S. Customs Service'' and adding in their place the
term ``CBP'';
b. Paragraph (c)(8)(i) is revised;
c. Paragraph (c)(8)(ii) is amended by: Removing the word ``shall''
each place it appears and adding in its place the word ``must''; and
removing the word ``Customs'' and adding in its place the term ``CBP'';
d. The introductory text to paragraph (d)(3) is amended by removing
the word ``shall'' and adding in its place the word ``will'';
e. Paragraph (e)(1)(ii) is revised;
f. Paragraph (e)(2)(i) is amended: In the second sentence, by
removing the words ``U.S. Customs'' and adding in their place the term
``CBP''; and in the third sentence, by removing the word ``shall'' and
adding in its place the word ``will'';
g. Paragraph (e)(2)(ii) is amended: In the first sentence, by
removing the word ``shall'' and adding in its place the word ``must'',
and by removing the word ``Customs'' and adding in its place the term
``CBP''; in the second sentence, by removing the language ``U.S.
Customs Entry Summary Form (Customs'' and adding in its place ``CBP
Entry Summary Form (CBP''; and in the third sentence, by removing the
word ``shall'' and adding in its place the word ``must'';
h. Paragraph (e)(2)(iii) is revised;
i. Paragraph (e)(3)(ii) is revised;
j. Paragraph (e)(4)(i) is amended by removing the fourth and fifth
sentences;
k. Paragraph (e)(4)(ii) is amended by removing the word ``Customs''
each place it appears and adding in its place the term ``CBP'';
l. Paragraph (e)(4)(iii) is amended by: Removing the word
``Customs'' each place it appears and adding in its place
[[Page 45367]]
the term ``CBP''; and adding after the last sentence the following
language, ``Supplemental payments, accompanied by the requisite CBP
Form 349, must either be mailed to the Office of Finance, Revenue
Division, Customs and Border Protection, 6650 Telecom Drive,
Indianapolis, Indiana 46278, with a check or money order payable to
U.S. Customs and Border Protection, or submitted electronically to CBP
using the Automated Clearinghouse (ACH) via an Internet account
established by the payer and located at https://www.pay.gov. HMF refund
requests must be submitted to CBP on a Harbor Maintenance Fee Amended
Quarterly Summary Report, CBP Form 350, and must either be mailed to
the above address or submitted electronically to CBP via an Internet
account established by the payer and located at https://www.pay.gov.
Upon request by CBP, the party requesting the refund must also submit
to CBP, via mail, the CBP Form 349 for the quarter covering the payment
to which the refund request relates as well as any supporting
documentation deemed necessary by CBP. Approved HMF refund payments
will be made via ACH to those payers who are enrolled in the ACH refund
program; all others will receive HMF refund payments via mail.'';
m. The introductory text to paragraph (e)(4)(iv) is amended by
removing the word ``Customs'' and adding in its place the term ``CBP'';
n. Paragraph (e)(4)(iv)(A) is amended by adding after the last
sentence the following language, ``Refund requests must either be
mailed to the Office of Finance, Revenue Division, Customs and Border
Protection, 6650 Telecom Drive, Indianapolis, Indiana 46278, or
submitted electronically to CBP via an Internet account established by
the payer and located at https://www.pay.gov. Approved HMF refund
payments will be made using the Automated Clearinghouse (ACH) to those
payers who are enrolled in the ACH refund program; all others will
receive HMF refund payments via mail.'';
o. Paragraphs (e)(4)(iv)(B)(1), (2), and (3) are amended by
removing the word ``Customs'' each place it appears and adding in its
place the term ``CBP'';
p. Paragraph (e)(4)(iv)(B)(4) is amended by: Removing the word
``Customs'' and adding in its place the term ``CBP''; and removing the
number ``90'' each place it appears and adding in its place the number
``180'';
q. Paragraph (e)(4)(iv)(B)(5) is amended: In the second sentence,
by removing the words ``by Customs'' and adding in their place the
words ``by CBP'', and by removing the words ``and Customs'' and adding
in their place the words ``and CBP's''; and in the fourth and fifth
sentences, by removing the word ``Customs'' each place it appears and
adding in its place the term ``CBP'';
r. Paragraph (e)(4)(iv)(C) is amended by removing the word
``Customs'' each place it appears and adding in its place the term
``CBP'';
s. Paragraph (g) is amended: In the first, second, fourth, and
fifth sentences, by removing the word ``shall'' each place it appears
and adding in its place the word ``must'', and by removing the word
``Customs'' each place it appears and adding in its place the term
``CBP''; and in the third sentence, by removing the language ``shall
advise the Director, Accounting Services--Accounts Receivable, P.O. Box
68903, Indianapolis, Indiana 46268, of the name, address, and telephone
number of a responsible officer who shall be'' and adding in its place
the language, ``must advise the Director, Revenue Division, 6650
Telecom Drive, Indianapolis, Indiana, 46278, of the name, address, e-
mail and telephone number of a responsible office who is'';
t. Paragraph (h)(1) is amended by removing the word ``shall'' each
place it appears and adding in its place the word ``will'';
u. Paragraph (h)(2) is amended by removing the word ``shall'' each
place it appears and adding in its place the word ``must''; and
v. Paragraph (h)(3) is amended by removing the word ``shall'' each
place it appears and adding in its place the word ``will''.
The revisions to Sec. 24.24 read as follows:
Sec. 24.24 Harbor maintenance fee.
* * * * *
(c) * * *
(8) * * *
(i) The donated cargo is required to be certified as intended for
use in humanitarian or development assistance overseas by CBP.
Subsequent to payment of the fee, a refund may be requested by
submitting to CBP a Harbor Maintenance Fee Amended Quarterly Summary
Report, CBP Form 350. The CBP Form 350 must either be mailed to the
Office of Finance, Revenue Division, Customs and Border Protection,
6650 Telecom Drive, Indianapolis, Indiana 46278, or submitted
electronically to CBP using the Automated Clearinghouse (ACH) via an
Internet account established by the payer and located at https://
www.pay.gov. Upon request by CBP, the party requesting the refund must
also submit to CBP, via mail, the Harbor Maintenance Fee Quarterly
Summary Report, CBP Form 349, for the quarter covering the payment to
which the refund request relates as well as any supporting
documentation deemed necessary by CBP to certify that the entity
donating the cargo is a nonprofit organization or cooperative and that
the cargo was intended for humanitarian or development assistance
overseas (including contiguous countries). A description of the cargo
listed in the shipping documents and a brief summary of the intended
use of the goods, if such use in not reflected in the documents, are
acceptable evidence for certification purposes. Approved HMF refund
payments will be made via ACH to those payers who are enrolled in the
ACH refund program; all others will receive HMF refund payments via
mail.* * *
* * * * *
(e) * * *
(1) * * *
(ii) Fee payment. The shipper whose name appears on the Vessel
Operation Report must pay all accumulated fees for which he is liable
on a quarterly basis in accordance with paragraph (f) of this section
by submitting to CBP a Harbor Maintenance Fee Quarterly Summary Report,
CBP Form 349. The CBP Form 349 must either be mailed to the Office of
Finance, Revenue Division, Customs and Border Protection, 6650 Telecom
Drive, Indianapolis, Indiana 46278, with a check or money order payable
to U.S. Customs and Border Protection, or the CBP Form 349 and payment
must be submitted electronically to CBP using the Automated
Clearinghouse (ACH) via an Internet account established by the payer
and located at https://www.pay.gov.
(2) * * *
(iii) Foreign Trade Zones. In cases where imported cargo is
unloaded from a commercial vessel at a port within the definition of
this section and admitted into a foreign trade zone, the applicant for
admission (the person or corporation responsible for bringing
merchandise into the zone) who becomes liable for the fee at the time
of unloading pursuant to paragraph (e)(3)(i) of this section, must pay
all fees for which he is liable on a quarterly basis in accordance with
paragraph (f) of this section by submitting to CBP a Harbor Maintenance
Fee Quarterly Summary Report, CBP Form 349. The CBP Form 349 must
either be mailed to the Office of Finance, Revenue Division, Customs
and Border Protection, 6650 Telecom Drive, Indianapolis, Indiana 46278,
with a check or money order payable to U.S. Customs and Border
Protection, or the
[[Page 45368]]
CBP Form 349 and payment must be submitted electronically to CBP using
the Automated Clearinghouse (ACH) via an Internet account established
by the payer and located at https://www.pay.gov. Fees must be paid for
all shipments unloaded and admitted to the zone, or in the case of
direct deliveries under Sec. Sec. 146.39 and 146.40 of this chapter,
unloaded and received in the zone under the bond of the foreign trade
zone operator.
(3) * * *
(ii) Fee payment. The operator of the passenger-carrying vessel
must pay the accumulated fees for which he is liable on a quarterly
basis in accordance with paragraph (f) of this section by submitting to
CBP a Harbor Maintenance Fee Quarterly Summary Report, CBP Form 349.
The CBP Form 349 must either be mailed to the Office of Finance,
Revenue Division, Customs and Border Protection, 6650 Telecom Drive,
Indianapolis, Indiana 46278, with a check or money order payable to
U.S. Customs and Border Protection, or the CBP Form 349 and payment
must be submitted electronically to CBP using the Automated
Clearinghouse (ACH) via an Internet account established by the payer
and located at https://www.pay.gov.
* * * * *
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
Approved: July 31, 2008.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E8-17967 Filed 8-4-08; 8:45 am]
BILLING CODE 9111-14-P
