DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
53 FR 10551
April 1, 1988
Foreign-Trade Zone 49, Newark/Elizabeth, NJ; Boundary Modification
TEXT: Notice is hereby given that the Port of New York and New Jersey (the
Port) has requested authority pursuant to the regulations of the Foreign-
Trade Zones (FTZ) Board (the Board) (15 CFR 400.1301(j)), for a modification
of the boundary of FTZ 49 at the Port Newark/Elizabeth Port Authority Marine
Terminal (port complex) on Newark Bay, within the New York City Customs
port of entry.
The change would involve the inclusion of a 124-acre tract owned by the
Port and located within the port complex at a site situated west of Kapkowski
Road and south of Bay Avenue in Elizabeth, New Jersey. The tract, which
would be used for industrial activity, was part of an application filed by
the Port in January 1982 for expansion of FTZ 49 (47 FR 2898, January 20,
1982), but the request for this tract was withdrawn due to a delay in
receiving approval for use of the site from the New Jersey Department of
Environment Protection (NJDEP), because it contained landfill contaminated
with polychlorinated biphenyls. In withdrawing the tract in question from
the 1982 application, the Port had indicated its intention of applying for a
boundary modification as soon as the State's approval was obtained. The FTZ
Board approved the remaining part of the application (2106 acres) on May 26,
1983 (48 FR 24958, June 3, 1983). There had been no opposition from the
public on record with regard to the original proposal in its entirety.
The Port has informed the Board that NJDEP has approved use of the site
under an agreement with the Port, which sets forth procedures and conditions
(Port/NJDEP Agreement, August 6, 1985), and the Port now requests inclusion
of the 124-acre tract within FTZ 49 as a boundary modification. No
manufacturing authority is being requested at this time. Such authority
would be requested from the Board on a case-by-case basis.
The request has been reviewed by the Newark Area Director of Customs
(February 2, 1988) and the Army District Engineer (August 25, 1987) and
they concur in the request, subject to specific clearances or permits
required from these officials as activity occurs.
The request has also been reviewed by the FTZ Staff, and it has
preliminarily determined that it should be approved by the Executive
Secretary pursuant to (@ 400.1301 (j)), subject to the conditions of the
Port-NJDEP Agreement, August 6, 1985. Prior to the issuance of a final
determination, comments are invited from interested parties. They must be
submitted to the office below in writing (in triplicate) and postmarked on
or before April 29, 1988.
Office of the Executive Secretary, Foreign-Trade Zones Board, U.S.
Department of Commerce, 14th & Pennsylvania Ave., NW., Washington, DC 20230.
Dated: March 28, 1988.
[FR Doc. 88-7198 Filed 3-31-88; 8:45 am]
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