DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 247]
49 FR 19367
May 7, 1984
Resolution and Order Approving the Application of the City of Birmingham,
Alabama, for a Foreign-Trade Zone in Birmingham
TEXT: Resolution and Order
Proceedings of the Foreign-Trade Zones Board, Washington, D.C.
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 City of Birmingham,
Alabama, filed with the Foreign-Trade Zones Board (the Board) on May 2,
1983, requesting a grant of authority for establishing, operating, and
maintaining a general-purpose foreign-trade zone in Birmingham, within the
Birmingham Customs Port of entry, 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.
As the proposal involves open space on which buildings may be constructed
by parties other than the grantee, this approval includes authority to the
grantee to permit the erection of such buildings, pursuant to Section
400.815 of the Board's regulations, as are necessary to carry out the zone
proposal, providing that prior to its granting such permission it shall
have the concurrences of the local District Director of Customs, the U.S.
Army District Engineer, when appropriate, and the Board's Executive
Secretary. Further, the grantee shall notify the Board's Executive
Secretary for approval prior to the commencement of any manufacturing
operation within the zone. 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 to Establish, Operate, and Maintain a Foreign-Trade Zone in
Birmingham, Alabama
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 City of Birmingham, Alabama (the Grantee) has made
application (filed May 2, 1983, Docket No. 13-83, 48 FR 21175) in due and
proper form to the Board, requesting the establishment, operation, and
maintenance of a foreign-trade zone in Birmingham, within the Birmingham
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 (15 CFR Part 400) are satisfied;
Now, Therefore, the Board hereby grants to the Grantee the privilege of
establishing, operating, and maintaining a foreign-trade zone, designated
on the records of the Board as Zone No. 98 at the location mentioned above
and more particularly described on the maps and drawings accompanying the
application in Exhibits IX and X, subject to the provisions, conditions,
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:
Activation of the foreign-trade zones shall be commenced by the Grantee
within a reasonable time from the date of issuance of the grant, and prior
thereto the Grantee shall obtain all necessary permits from Federal,
State, and municipal authorities.
The Grantee shall allow officers and employees of the United States
free and unrestricted access to and throughout the foreign-trade zone site
in the performance of their official duties.
The Grantee shall notify the Executive Secretary of the Board for
approval prior to the commencement of any manufacturing operations within
the zone.
The grant shall not be construed to relieve the Grantee from liability
for injury or damage to the person or property of others occasioned by the
construction, operation, or maintenance of said zone, 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 the Army District Engineer with the Grantee
regarding compliance with their respective requirements for the protection
of the revenue of the United 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 at Washington, D.C. this 27th day of April 1984,
pursuant to Order of the Board.
Foreign-Trade Zones Board.
Malcolm Baldrige,
Chairman and Executive Officer.
Attest:
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 84-12258 Filed 5-4-84; 8:45 am]
BILLING CODE 3510-25-M