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FOREIGN-TRADE ZONES BOARD ORDER NO. 74 Part 400 - General Regulations Governing Foreign-Trade Zones in the United States, With Rules of Procedure Miscellaneous Amendments
Pursuant to provisions of section 8 of the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 1000; 19 USC 81h), and to implement the provisions of 5 USC 552, as amended by Public Law 90-23, June 5, 1967 (81 Stat. 54), the General Regulations Governing Foreign-Trade Zones in the United States, with Rules of Procedure (15 CFR Part 400), are hereby amended as follows: Sec. 400.1308 (Amended) 1. Chapter IV of Title 15 of the Code of Federal Regulations is amended by deleting the term "Collector of Customs" wherever it appears, and, in its place, inserting the term "District Director of Customs", except that in Sec. 400.1308 "Regional Commissioner of Customs or his designee" should be inserted. 2. Chapter IV of Title 15 of the Code of Federal Regulations is amended by deleting the term "collector", wherever it appears, and, in its place, inserting the term "District Director of Customs". 3. Section 400.104 is revised to read as follows: Sec. 400.104 State. The term "State" includes any State, the District of Columbia, and Puerto Rico. 4. Section 400.605 is revised to read as follows: Sec. 400.605 Public notice of application. Subsequent to determining the filing date of an application to establish a zone, as prescribed by Sec. 400.608, public notice will be given in the Federal Register and in news releases. Notices will contain the names and addresses of applicants, general description of the project, arrangements for public hearings scheduled, and provisions for interested parties to communicate their views to the Board, in person or in writing. At public hearings upon any application, officials of the Board may require the presentation of such information respecting the application as in their judgment the proper conduct of the hearings or the public interest requires. 5. Section 400.608 is revised to read as follows: Sec. 400.608 Determining filing date. Applications will be considered to have been filed as of the date of receipt by the Board of the information called for in sections 400.600-400.604. The applicant will be advised of the filing date of his application. 6. Add a new Sec. 400.609, reading as follows: Sec. 400.609 Information exempt from public inspection. An application should not contain confidential information, and any part of the application marked clearly as requiring restricted handling will not be accepted. Data which in the opinion of the applicant should be treated as confidential may be so marked and submitted to the Board as a separate supplement. However, the Board reserves the right not to accept for inclusion in the record any papers containing data for which confidential treatment is sought. 7. Section 400.1301 is revised to read as follows: Sec. 400.1301 Executive Secretary of the Board. The Secretary of Commerce, as Chairman and Exexutive Officer of the Board, shall appoint an Executive Secretary of the Foreign-Trade Zones Board. As principal operating official of the Board, the Executive Secretary shall: (a)Represent the Board in all administrative, regulatory, and operational matters within the purview of the Board. (b) Direct the execution of the orders of the Board. (c) Initiate recommendations to the Board for overall administration of the Foreign-Trade Zones Act. (d)Conduct periodic inspection of the zones. (e) Provide information and advisory assistance to Federal, State, and Municipal agencies, to the business community, and to the general public. (f) Arrange meetings of the Board and its Committee of Alternates, including provisions for minutes and necessary records. (g) Maintain custody of the seal, records, files, and correspondence of the Board. (h) Appoint staff members, including an Assistant Executive Secretary, who may act for him in his absence. (i) Perform such other duties as may be required by the Secretary of Commerce, as Executive Officer of the Board, and as the Board may direct. 8. Section 400.1303 is revised to read as follows: Section 400.1303 Meetings and proceedings of the Board. (a) Two members of the Board shall be necessary for a quorum for the transaction of business. (b) Meetings of the Board will be held on call of the Chairman and Executive Officer. (c) Final votes of each Board member, including dissenting votes, will be recorded and the voting record of each proceeding shall be available for public inspection. 9. New sections 400.1400 to 400.1406 appearing under a new center heading "Public Information" are added to read as follows:
Public Information
Sec. 400.1400 Policy. It is the policy of the Foreign-Trade Zones Board, consistent with the purposes of the Foreign- Trade Zones Act and the role of the Board as a regulatory agency, to furnish the public with information pertaining to the establishment, operation and administration of foreign- trade zones in the United States, except that such information as is exempted from the requirement for disclosure of 5 USC 552, as amended, ordinarily will not be made available to any person. Sec. 400.1401 Public Information Activities. The Executive Secretary of the Board shall conduct the following public information activities of the Board: (a) Preparation and release of material published by or for the Board, including public announcements, items for publication in the Federal Register, news releases and reports. (b) Clearance for release of informational material from other agencies referred to the Board for review. (c) Release of general information pertaining to Board activities, rules and regulations and, at his discretion, information contained in Board records as necessary to further the regular information dissemination activities of the Board. (d) Development and direction of measures to provide the international business community with information pertaining to the establishment, operation and administration of US Foreign-Trade Zones. Sec. 400.1402 Availability of materials for inspection and copying. (a) The Board shall utilize the facilities and services of the Central Reference and Records Inspection Facility, US Department of Commerce, Washington, DC 20230, to make available for public inspection and copying the materials required to be made available to the public by 5 USC 552(a)(2). (b) Rules and procedures prescribing the hours of operation, location, fees, and other requirements for public inspection of records through the central facility are contained in Part 4 of this title. Sec. 400.1403 Requests for identifiable records. (a) The procedures of this section are applicable only to those records not customarily available to the public as part of the regular information activities of the Board. (b) The Board shall utilize the facilities and services of the Central Reference and Records Inspection Facility, US Department of Commerce, Washington, DC 20230, to make available for public inspection and copying identifiable records which have been determined to be disclosable pursuant to 5 USC 552(a)(3). (c) Rules and procedures prescribing the hours of operation, location, fees, and other requirements for public inspection of records through the central facility are contained in Part 4 of this title. Sec. 400.1404 Determinations of availability of records. (a) In accordance with the rules, regulations, and procedures governing the operation of the Central Reference and Records Inspection Facility of the US Department of Commerce, a request for the determination of availability of a record of the Board will be referred to the Executive Secretary of the Board who shall initially determine: (1) Whether the requested record can be identified on the basis of information contained in the request. If the record cannot be identified the request shall be returned to the person who initiated it and he shall be advised why the record is not identifiable and what additional clarification, if any, he may submit to assist in the identification of the record. (2) Whether the record, if identifiable, is still in existence or has been destroyed as provided by law, or is not in the possession of the Board. If the record no longer exists, the person who initiated the request shall be so notified, with the reason stated. If the record is not in the Board's possession and its existence is not otherwise reasonably ascertainable, the person who initiated the request shall be so notified. If the requested record is the exclusive or primary concern of another agency, the request for such record shall be promptly referred to that agency for further action under its rules, and the person who initiated the request shall be promptly informed of this referral. (b) Id a requested record is identifiable and is subject to determination of availability on the basis of disclosure requirements, the request shall be reviewed by the Executive Secretary of the Board to initially determine its availability. If he determines, as provided by law, that the record is not to be made available to the requesting person, said party shall be informed in writing of the specific reason(s) why the record is not being disclosed. (c) If an identifiable record is to be made available for public inspection and copying, the person who requested access to the record shall be promptly advised of the availability of the record. Sec. 400.1405 Requests for reconsideration of availability. (a) Any person whose request to inspect a record has been denied because the record was not to be made available for stated reason(s), may request a reconsideration of the initial denial in accordance with procedures set forth in Part 4 of this title. (b) The decision upon such review shall be made by the Chairman of the Foreign-Trade Zones Board, and shall be based upon the original request, the denial, and any written argument submitted by the person requesting the review. (c) The decision upon review shall be promptly made in writing and tranmitted to the person requesting the review. If the decision is wholly or partly in favor of said person, the requested record to such extent shall be made available for inpection in accordnace with Sec. 400.1404(c). To the extent that the decision is adverse to the request, the reason(s) for denial shall be stated. (d) A decision upon review completed as provided herein shall constitute the final decision and action of the Board as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 USC 552(a)(3). Sec. 400.1406 Security Information. Nothing in the regulations in sections 400.1400-400.1406 should be construed to modify or supercede laws, rules, and regulations governing the release of information classified as security information. It is found that compliance with the notice, public rule making procedure, and effective date requirements of the Administrative Procedure Act (5 USC 553) is unnecessary in connection with the issuance of this order, because its application is restricted to the administrative functions of the Foreign-Trade Zones Board, and is of such a nature that it poses no burden on the parties of interest. This order, therefore, shall be effective upon publication in the Federal Register. Signed at Washington, DC, this 22nd day of September 1967. Foreign-Trade Zones Board A. B. Throwbridge Secretary of Commerce, Chairman and Executive Officer, Foreign-Trade Zones Board Attest: Richard H. Lake Executive Secretary