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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 385] 
 
                                  53 FR 26096 
 
                                 July 11, 1988 
 
 
Resolution and Order Approving the Application of the Brazos River Harbor 
Navigation District for a Foreign-Trade Zone in the Freeport, Texas, Area  
 
TEXT: 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
has adopted the following Resolution and Order: 
 
   The Board, having considered the matter, hereby orders: After 
consideration of the application of the Brazos River Harbor Navigation 
District, filed with the Foreign-Trade Zones Board (the Board) on October 
22, 1987, requesting a grant of authority for establishing, operating, and 
maintaining a general-purpose foreign-trade zone in Brazoria County, Texas,
within the Freeport 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 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 commencenment of any manufacturing operation, including blending, 
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 Brazoria County, Texas, Within the Freeport Customs Port of Entry 
 
   Whereas, by an Act of Congress approved June 18, 1934, and 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 Brazos River Harbor Navigation District (the Grantee) has 
made application (filed October 22, 1987, FTZ Docket 24-87, 52 FR 42025) in
due and proper form to the Board, requesting the establishment, operation, 
and maintenance of a foreign-trade zone at sites in Brazoria County, Texas,
within the Freeport 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. 149, at the locations 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 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, 
including blending, 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 28th day of June, 1988, pursuant to Order 
of the Board.  
 
 
Foreign-Trade Zones Board. 
 
 
C. William Verity, 
 
   Chairman and Executive Officer. 
 
   Attest: 
 
 
John J. Da Ponte, Jr., 
 
   Executive Secretary.  
[FR Doc. 88-15495 Filed 7-8-88; 8:45 am] 
 
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