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                             DEPARTMENT OF COMMERCE 
                           Foreign-Trade Zones Board 
 
                                [Order No. 394] 
 
                                  53 FR 41616 
 
                                October 24, 1988 
 
 
Resolution and Order Approving the Application of the City of San Diego, CA,
for a Foreign-Trade Zone in San Diego 
 
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 has
adopted the following Resolution and Order: 
 
   The Board, having considered the matter, hereby orders:  
 
   After consideration of the application of the City of San Diego, 
California, filed with the Foreign-Trade Zones Board (the Board) on May 12,
1987, and amended on October 14, 1987, requesting a grant of authority for
establishing, operating, and maintaining a general-purpose foreign-trade 
zone at five sites in the Otay Mesa planning areas of San Diego, within the
San Diego 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, subject to a 500-acre activation limit at the Brown Field site.
 
   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 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 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 To Establish, Operate, and Maintain a Foreign-Trade Zone in San 
Diego, California 
 
   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 San Diego, California (the Grantee) has made 
application (filed May 12, 1987, FTZ Docket 5-87, 52 FR 20634, and amended
on October 14, 1987, 52 FR 39673) in due and proper form to the Board, 
requesting the establishment, operation, and maintenance of a foreign-trade
zone in San Diego, California, within the San Diego 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. 153, 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 necesary 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 site in the
performance of their official duties. 
 
   The grant does not include authority for manufacturing, 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 14th day of October, 1988, pursuant to 
Order of the Board. 
 
 
Foreign-Trade Zones Board. 
C. William Verity, 
 
   Chairman and Executive Officer.  
[FR Doc. 88-24513 Filed 10-21-88; 8:45 am] 
 
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