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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 450] 
 
                                  54 FR 49321 
 
                               November 30, 1989 
 
   Resolution and Order Approving the Application of the Muskogee, City-
County Port Authority for a Foreign-Trade Zone in Muskogee, OK 
 
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 (the
Board) adopts the following Resolution and Order: 
 
   The Board, having considered the matter, hereby orders:  
 
   After consideration of the application of the Muskogee City-County Port 
Authority, filed with the Foreign-Trade Zones Board (the Board) on June 28, 
1988, requesting a grant of authority for establishing, operating, and 
maintaining a general-purpose foreign-trade zone in Muskogee, Oklahoma, 
adjacent to the Tulsa 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 @ 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 
concurrence 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 of Authority To Establish, Operate, and Maintain a Foreign-Trade Zone
in Muskogee, Oklahoma Adjacent to the Tulsa Customs Port of Entry  
 
   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 Unitd 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 Muskogee City-County Port Authority (the Grantee) has made 
application (filed June 28, 1988, FTZ Docket 25-88, 53 FR 27059) in due and 
proper form to the Board, requesing the establishment, operation, and 
maintenance of a foreign-trade zone in Muskogee, Oklahoma, adjacent to the 
Tulsa 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. 164, 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 the 
following express conditions and limitations: 
 
   Operations 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 throughout the foreign-trade zone site in 
the performance of their official duties. 
 
   The grant does not include authority for manufacturing operations, and 
the Grantee shall notify 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, DC, this 17th day of November, 1989, pursusant to 
Order of the Board. 
 
   Foreign-Trade Zones Board. 
 
 
Robert A. Mosbacher, 
 
   Secretary of Commerce, Chairman and Executive Officer.  
 
   Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.   
[FR Doc. 89-78072 Filed 11-29-89; 8:45 am] 
 
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