DEPARTMENT OF AGRICULTURE
Foreign-Trade Zones Board
[Order No. 349]
52 FR 9904
March 27, 1987
Resolution and Order Approving the Application of the Canaveral Port
Authority, for a Foreign-Trade Zone in Brevard County, FL
TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, DC.
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 Canaveral Port Authority, a
Florida public corporation, filed with the Foreign-Trade Zones Board (the
Board) on January 21, 1986, requesting a grant of authority for establishing,
operating, and maintaining a general purpose foreign-trade zone in Brevard
County, Florida, within the Port Canaveral 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, aproves 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 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 Brevard
County, Florida
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 Canaveral Port Authority (the Grantee), a Florida public
corporation, has made application (filed January 21, 1986, Docket No. 3-86,
51 FR 3638) in due and proper form to the Board, requesting the
establishment, operation, and maintenance of a foreign-trade zone in
Brevard County, Florida, within the Port Canaveral 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 (16 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. 136 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:
Operation of the foreign-trade zone 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 througout the foreign-trade zone site in the
performance of their official duties.
The grant does not incude authority for manufacturing operations, and the
Grantee shall notify the Board for approval prior to the commencement of any
manufacturing or assembly 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 installment 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 its Chairman and Executive
Officers at Washington, DC, this 16th day of March 1987, pursuant to Order
of the Board.
Foreign-Trade Zones Board,
Malcolm Baldrige,
Chairman and Executive Officer.
[FR Doc. 87-6792 Filed 3-26-87; 8:45 am]
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