NOTICES
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 495]
Resolution and Order Approving the Application of the Indiana Port
Commission
for a Foreign-Trade Zone in Clark
County, IN; Proceedings of the Foreign-Trade
Zones Board, Washington, DC
Tuesday, January 8, 1991
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 Indiana Port Commission,
filed with the Foreign-Trade Zones Board on July 17, 1989, requesting a
grant of authority for establising, operating, and maintaining a general-
purpose foreign-trade zone in Clark County, Indiana, within the Louisville
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
concurrences of the 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 Clark County, Indiana Within the Louisville 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 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 Indiana Port Commission (the Grantee), has made application
(filed July 17, 1989, FTZ Docket 12-89, 54 FR 30773, 7/24/89) in due and
proper form to the Board, requesting the establishment, operation, and
maintenance of a foreign-trade zone at sites in Clark County, Indiana,
within the Louisville 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 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 Foreign-Trade Zone No. 170, at the locations
mentioned above and more particularly described on the maps and drawings
accompanying the application, 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,
any necessary permits shall be obtained 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 sites 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 27th day of December, 1990, pursuant to
Order of the Board.
Foreign-Trade Zones Board.
Robert Mosbacher,
Secretary of Commerce, Chairman and Executive Officer.
[FR Doc. 91-256 Filed 1-7-91; 8:45 am]