NOTICES
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
(Order No. 549)
Resolution and Order Approving the Application of the City of Fort Wayne,
IN
for a Foreign-Trade Zone in Fort Wayne, IN; Proceedings of the
Foreign-Trade Zones Board, Washington, DC
Tuesday, January 14, 1992
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) has adopted the following Resolution and Order:
The Board, having considered the matter, hereby orders:
After consideration of the application of the City of Fort Wayne, Indiana,
filed with the Foreign-Trade Zones Board on September 4, 1990, and amended
on February 22, 1991, requesting a grant of authority for establishing,
operating, and maintaining a general-purpose foreign-trade zone in Fort
Wayne, Indiana, adjacent to the Fort Wayne 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 a grant of authority and appropriate Board Order.
Grant of Authority
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 Fort Wayne, Indiana, has made application (filed
September 4, 1990, FTZ Docket 38-90, 55 FR 38373; and amended on February
22, 1991, 56 FR 8740) in due and proper form to the Board, requesting the
establishment, operation, and maintenance of a foreign-trade zone in the
Fort Wayne, Indiana, area, adjacent to the Fort Wayne Customs user fee port
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 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. 182, 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:
Activation 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 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 23 day of December 1991, pursuant to Order
of the Board.
Foreign-Trade Zones Board.
Robert A. Mosbacher,
Secretary of Commerce, Chairman and Executive Officer.
(FR Doc. 92-951 Filed 1-13-92; 8:45 am)