45364 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. 

* * * * * 

(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. 

* * * * * 

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 Reporting and recordkeeping. 

* * * * * 

(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: 

* * * * * 

(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 Administrative reviews. 

* * * * * 

(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. 

* * * * * 

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. 

* * * * * 

(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; 

* * * * * 

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 

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 http:// 

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: http:// 

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 http:// 

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 http:// 

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. 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 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 § 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 http:// 

www.pay.gov. Requests for HMF refunds 

may also be made through http:// 

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 http://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 http:// 

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 


dwashington3 on PRODPC61 with PROPOSALS
45366 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. 

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 http://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 http://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 http://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 § 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 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules 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 http:// 

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 http:// 

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 http:// 

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, 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. 

* * * * * 

(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 

http://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 http:// 

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 


dwashington3 on PRODPC61 with PROPOSALS
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 http:// 

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 http:// 

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 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Proposed rule. 

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 

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 

http://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 

http://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). 

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 http:// 

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. 


dwashington3 on PRODPC61 with PROPOSALS