DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 477]
55 FR 28263
July 10, 1990
Resolution and Order Approving the Application of the City of Midland,
TX for a Foreign-Trade Zone in Midland, TX
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 City of Midland, Texas,
filed with the Foreign-Trade Zones Board on September 26, 1988, requesting
a grant of authority for establishing, operating, and maintaining a general-
purpose foreign-trade zone in Midland, Texas, within the Midland Customs
user-fee airport, 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
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 an appropriate Board Order.
Grant of Authority to Establish, Operate, and Maintain a Foreign-Trade
Zone in Midland, Texas
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 Midland, Texas (the Grantee) has made application
(filed September 26, 1988, FTZ Docket 30-88, 53 FR 38972) in due and proper
form to the Board, requesting the establishment, operation, and maintenance
of a foreign-trade zone in Midland, Texas, at the Midland International
Airport, a Customs user fee airport facility;
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. 165, 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:
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 municiapl 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 29th day of June 1990, pursuant 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. 90-15864 Filed 7-9-90; 8:45 am]
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