Enforcement and Compliance
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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 246] 
 
                                  49 FR 13562 
 
                                 April 5, 1984 
 
 
Resolution and Order Approving the Application of the Metropolitan 
Nashville-Davidson County Port Authority for Two Foreign-Trade Subzones for 
the Tennessee Valley Authority in Tennessee 
 
TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, D.C.  
 
 
Resolution and Order 
 
   Pursuant to the authority granted in the Foreign-Trade Zones Act of June
18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board has
adopted the following Resolution and Order: 
 
   The Board, having considered the matter, hereby orders:  
 
   After consideration of the application of the Metropolitan Nashville-
Davidson County Port Authority, grantee of Foreign-Trade Zone 78, Nashville,
filed with the Foreign-Trade Zones Borad (the Board) on February 23, 1984, 
requesting special-purpose subzone status for certain storage facilities at 
the Tennessee Valley Authority's Phipps Bend and Hartsville Nuclear Plant 
Sites, in Hawkins County, and Trousdale and Smith Counties, Tennessee, 
respectively, the Board finding that the requirements of the Foreign-Trade 
Zones Act, as amended, and the Board's regulations are satisfied, and that 
the proposal is in the public interest, approves the application for a 
five-year period.  
 
   The Secretary of Commerce, as Chairman and Executive Officer of the 
Board, is hereby authorized to issue a grant of authority and appropriate 
Board Order.   
 
Grant of Authority To Establish Two Foreign-Trade Subzones in Trousdale and
Smith Counties, and in Hawkins County, Tennessee 
 
   Whereas, by an Act of Congress approved June 18, 1934, an Act "To 
provide for the establishment, operation, and maintenance of foreign-trade 
zones in ports of entry of the United States, to expedite and encourage 
foreign commerce, and for other purposes", as amended (19 U.S.C. 81a-81u) 
(the Act), the Foreign-Trade Zones Board (the Board) is authorized and 
empowered to grant to corporations the privilege of establishing, 
operating, and maintaining foreign-trade zones in or adjacent to ports of 
entry under the jurisdiction of the United States;  
 
   Whereas, the Board's regulations (15 CFR 400.304) provide for the 
establishment of special-purpose subzones when existing zone facilities 
cannot serve the specific use involved, and where a significant public 
benefit will result; 
 
   Whereas, the Metropolitan Nashville-Davidson County Port Authority, 
grantee of Foreign-Trade Zone No. 78, Nashville, has made application 
(filed February 23, 1984, Docket No. 5-84, 49 FR 7422) in due and proper 
form to the Board for special-purpose subzone status for storage facilities 
at Tennessee Valley Authority's (TVA) Hartsville Nuclear Plant Site in 
Trousdale and Smith Counties, Tennessee, adjacent to the Nashville Customs 
port of entry, and at TVA's Phipps Bend Nuclear Plant Site in Hawkins 
County, adjacent to the Knoxville Customs port of entry; 
 
   Whereas, notice of said application has been given and published, and 
full opportunity has been afforded all interested parties to be heard; and,
 
   Whereas, the Board has found that the requirements of the Act and the 
Board's regulations are satisfied; 
 
   Now, therefore, in accordance with the application filed February 23, 
1984, the Board hereby authorizes the establishment of a subzone at TVA's 
Hartsville Nuclear Plant Site, designated on the records of the Board as 
Foreign-Trade Subzone No. 78C, and a subzone at TVA's Phipps Bend Nuclear 
Plant Site, designated on the records of the Board as Foreign-Trade Subzone 
No. 78D, at the locations mentioned above and more particularly described 
on the maps and drawings accompanying the application, said grant of 
authority being subject to the provisions and restrictions of the Act and 
the Regulations issued thereunder, to the same extent as though the same 
were fully set forth herein, and also to the following express conditions 
and limitations:  
 
   This grant shall be in effect for a period of five years.  
 
   Activation of the subzones shall be commenced within a reasonable time 
from the date of issuance of the grant, and prior thereto, any necessary 
permits shall be obtained from Federal, State, and municipal authorities. 
 
   Officers and employees of the United States shall have free and 
unrestricted access to and throughout the foreign-trade subzones in the 
performance of their official duties. 
 
   The grant shall not be construed to relieve responsible parties from 
liability for injury or damage to the person or property of others 
occasioned by the construction, operation, or maintenance of said subzones,
and in no event shall the United States be liable therefor. 
 
   The grant is further subject to settlement locally by the District 
Director of Customs and District Army Engineer with the Grantee regarding 
compliance with their respective requirements for the protection of the 
revenue of the Unites States and the installation of suitable facilities.
 
   In witness whereof, the Foreign-Trade Zones Board has caused its name 
to be signed and its seal to be affixed hereto by its Chairman and 
Executive Officer or his delegate at Washington, D.C. this 30th day of 
March 1984 pursuant to Order of the Board. 
 
 
Foreign-Trade Zones Board. 
William T. Archey, 
 
 Acting Assistant Secretary of Commerce for Trade Administration, Chairman, 
Committee of Alternates. 
 
   Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 84-9109 Filed 4-4-84; 8:45 am] 
 
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