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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
                                [Order No. 163] 
                                  45 FR 58637 
                               September 4, 1980 

Resolution and Order Approving the Application of the Lincoln Foreign 
Trade Zone, Inc., for a Foreign-Trade Zone and a Special-Purpose Subzone 
in Lincoln, Nebr. 

TEXT: Proceedings of the Foreign-Trade Zones Board, Washington, D.C.  

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 has adopted the following Resolution and Order: 

   The Board, having considered the matter, hereby orders:  
   After consideration of the application of the Lincoln Foreign Trade 
Zone, Inc., Lincoln, Nebraska, filed with the Foreign-Trade Zones Board 
on December 6, 1979, requesting a grant of authority for establishing, 
operating, and maintaining a general-purpose foreign-trade zone to be 
located at the Lincoln Airpark West industrial park and a special-purpose 
subzone to be established at the manufacturing plant of Kawasaki Motors 
Corp., U.S.A. (KMC), 5600 NW 27th Street, Lincoln, 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 includes industrial park and 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 Section 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's Executive Secretary for approval prior to the 
commencement of any manufacturing operation within the zone or subzone 
sites other than that which is set out in the application. 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 To Establish, Operate, and Maintain a Foreign-Trade Zone and a 
Special-Purpose Subzone in Lincoln, Nebr. 

   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), for 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 Lincoln Foreign Trade Zone, Inc. (the Grantee) has made 
application (filed December 6, 1979) in due and proper form to the Board, 
requesting the establishment, operation and maintenance of a general-
purpose foreign-trade zone and a special-purpose subzone at the Kawasaki 
assembly plant, both sites being in Lincoln, Nebraska, and adjacent to the 
Omaha 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 and a 
special-purpose subzone, designated on the records of the Board as Zone 
No. 59 and Subzone No. 59A, at the locations mentioned above and more 
particularly described on the maps and drawings accompanying the 
application in Exhibits IX and X, said grant being 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 therein and also to the following express conditions and limitations:
   Operation of the foreign-trade zone and special-purpose subzone 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 zone and subzone sites 
in the performance of their official duties. 

   The Grantee shall notify the Executive Secretary of the Board for 
approval prior to the commencement of any manufacturing operations 
within the zone or subzone. 

   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 or subzone, 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 

   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, D.C. this 27th day of August 1980, 
pursuant to Order of the Board. 
Foreign-Trade Zones Board 
Philip M. Klutznick, 
   Chairman and Executive Officer. 
John J. Da Ponte, Jr., 

   Executive Secretary.   
[FR Doc. 80-26949 Filed 9-3-80; 8:45 am]