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(4) Water and sewer mains constructed to meet approved plans for service and health protection.
(5) Fire protection suitable for proper protection of zone and goods in storage.
(6) Administrative and living quarters and facilities for the officers and employees of the United States, State, and municipality, whose duties may require their presence within the zone.
(7) Adequate enclosures to segregate the zone from customs territory for the protection of the revenue, together with suitable provisions for ingress and egress of persons, conveyances, and merchandise.
(8) Sanitary facilities and appliances to conform to Federal and local requirements.
(9) Adequate facilities for the disinfection and fumigation of merchandise as required.
(10) Such other facilities as may be required by the Board.
(c) Ratproofing and sanitation. All buildings and other structures within the zone, whether it is adjacent to water or not, shall be so constructed or altered, and maintained, as may be required by the Surgeon General, United States Public Health Service, to prevent the harborage of rodents. Water supply, sewage disposal, and provision for general sanitation (including adequate facilities for disinfection and fumigation) shall be as required by the Surgeon General, United States Public Health Service. (Sec. 12, 48 Stat. 1001; 19 U.S.C. 811) 400.403 Construction and operation of
equipment for segregation from customs territory and quarters for per
sonnel. (a) All zones shall be segregated from the land area of adjacent customs territory by a fence of woven galvanizedwire netting, of not less than No. 6 gage wire, with a mesh not exceeding 2 inches, and an over-all height of at least 10 feet above the concrete base in which the posts are set. The netting shall be securely attached to the insides of the posts and shall be set sufficiently low so as to be flush with the ground at all times. The fence shall be topped by at least three strands of galvanized barbed wire, fourpoint type, each strand consisting of two strands of No. 121/2 gage wire. The three strands shall be secured to metal brackets affixed to the top of each post, the
brackets inclining at approximately 45° inward and upward. The strands shall be parallel and from 3 to 4 inches apart. Suitable concrete or metal posts shall be set in concrete footings, not less than 3 feet deep by 10 inches square, and with centers not more than 10 feet apart. Proper anchors and braces shall be installed at corners and gates. The gates shall be of the same material and height as the fence and shall be topped by three strands of the barbed wire above described, such strands to be affixed to metal brackets perpendicular with the gate. Suitable attachments shall be secured to the gates for the purpose of affixing locks. Alternate proposals for barriers of equal efficiency may be approved by the Board.
(b) If, according to the terrain or other factors adjacent to the fence surrounding the enclosure, or for other reasons, the height of the fence as provided for herein is not sufficient for proper protection to the revenue, the height shall be suitably increased at the direction of the Board or the District Director of Customs.
(C) If sides of buildings situated within a zone form a part of the zone enclosure in lieu of the fence prescribed above, all openings in such sides of the buildings shall be securely closed by heavy metal netting, grills, or other effective barriers.
(d) Fences and other exterior lines of the zone shall be equipped with electric lights and shall be illuminated to the satisfaction of the collector during such times as he may deem necessary.
(e) Such additional protection against the unauthorized transit of persons, goods, or conveyances to or from a zone shall be provided as may be deemed necessary by the District Director of Customs.
(f) Adequate living quarters, administrative and other facilities for officers and employees of the United States, State, and municipality whose duties may require their presence within the zone, shall be provided by the grantee. The requirements and extent of these facilities will be fixed by the Board.
(g) Each grantee shall provide and maintain such other facilities as may be required from time to time by the Board. (Sec. 12, 48 Stat. 1001; 19 U.S.C. 811) (Regulations, June 29, 1935, as amended by Order 74, 32 F.R. 13714, Sept. 30, 1967)
$ 400.601 Number of copies.
Every application, and attachment, shall be submitted with 12 true copies in addition to the original, unless the Executive Secretary determines that fewer copies are needed. [Order 86, 36 F.R. 24929, Dec. 24, 1971]
NOTE: The amendment at 36 F.R. 24929 is effective 30 days after publication. For the convenience of the user, the superseded text is set forth below.
ELIGIBLE APPLICANTS § 400.500 Grants made to corporations.
Grants may be made to public or private corporations. (Sec. 2, 48 Stat. 993; 19 U.S.C. 81b) $ 400.501 Requirements for grant where
harbor facilities owned and con
trolled by State and by municipality. Where harbor facilities of any port of entry in the State are owned and controlled by the State, and where harbor facilities of any other port of entry in the State are owned and controlled by a municipality, grants to public corporations will not be approved by the Board unless such applications have been authorized by an act of the State legislature (enacted after June 18, 1934). (Sec. 2, 48 Stat. 999; 19 U.S.C. 81b) $ 400.502 Act of State legislature nec
essary in case of private corporations. Grants to private corporations will not be approved by the Board unless such corporations have been authorized by an act of the State legislature (enacted after June 18, 1934). (Sec. 2, 48 Stat. 999; 19 U.S.C. 81b) $ 400.503 Preference to public corpora
tions. In granting applications preference will be given by the Board to public corporations. (Sec. 2, 48 Stat. 999; 19 U.S.C. 81b)
APPLICATIONS FOR GRANTS
§ 400.601 Number of copies.
Every application, exhibit, or enclosure, except where specifically duly authenticated and referenced. (Sec. 6, 48 Stat. 1000; 19 U.S.C. 811) $ 400.602 Form and content.
Every application shall be in letter form on letter-size paper and shall contain the date, official designation of the applicant, and shall show whether the application is for the establishment or expansion of the zone, be signed by an authorized officer of the corporation, and bear the corporate seal. (Sec. 6, 48 Stat. 1000; 19 U.S.C. 818) $ 400.603 Exhibits.
Every application shall be accompanied by the following exhibits:
(a) Exhibit No. 1. Descriptions of (1) the location and qualifications of the area in which it is proposed to establish the zone, showing by metes and bounds, unless these are shown in full on the maps accompanying the application, the land and water area, or land or water area, or land area alone if the application is for the establishment of a zone in or adjacent to an interior port of entry; (2) the means of segregation from customs territory, as required by $ $ 400.402, 400.403; (3) the fitness of the area for a zone; and (4) the possibilities of expansion of the zone area.
(b) Exhibit No. 2. A statement as to whether the port is within the confines of more than one State, and whether the zone will be in or adjacent to a port of entry.
(c) Exhibit No. 3. A statement giving full details as to the applicant's plans for acquiring title to, or the right to occupy and use, lands other than those owned by the applicant or by the United States, which are essential for carrying out the project or projects covered by the application. If the applicant, at the time of filing the application, has, by
$ 400.600 Address.
Applications for grants should be filed with, and all official communications in connection therewith addressed to the Secretary of Commerce, Chairman and Executive Officer of the Foreign-Trade Zones Board, Washington, D.C. 20230. (Order 86, 36 F.R. 24929, Dec. 24, 1971]
NOTE: The amendment at 36 F.R. 24929 is effective 30 days after publication. For the convenience of the user, the superseded text is set forth below. $ 400.600 Address.
Applications for grants should be filed with, and all official communications in connection therewith addressed to the Secretary of Commerce, Chairman and Executive Officer of the Foreign-Trade Zones Board, Washington 25, D.C. (Sec. 6, 48 Stat. 1000; 19 U.S.C. 811)
easement, lease, franchise, or otherwise, acquired the right to occupy and use lands owned by others, the statement must show, with respect to each separate right of occupancy and use: (1) From whom acquired; (2) the date acquired; (3) nature and extent of the right acquired; (4) whether perpetual or of limited term; and (5) if of limited term, when such term expires.
(d) Exhibit No. 4. A statement showing in detail the method proposed to finance the undertaking, accompanied by proof of the ability of the applicant to finance the construction and operation of the zone.
(e) Exhibit No. 5. An economic survey showing in detail the potential commerce and revenue of the proposed zone and other direct and indirect benefits accruing therefrom; present foreign trade of the port area, including transshipment, reexport, and reconsignment trade; present transportation services, and possible increases in such services where necessary; comparative study of export rates on domestic commodities for mixing with foreign goods; analysis of transportation rates where applicable to zone activity; potential new markets for zone business; activities best suited to the particular zone; the impact that the operation of the zone is expected to have on the U.S. balance of payments and balance of trade; the expected environmental impact of the zone with details as to control measures not otherwise described in the next exhibit; and such other data as may be necessary to a determination of whether the establishment of the zone is justified to expedite and encourage foreign commerce in a manner compatible with domestic and foreign economic policy.
NOTE: The amendment at 36 F.R. 24930 revising paragraph (e) is effective 30 days after publication. For the convenience of the user, the superseded text is set forth below.
(e) Exhibit No. 5. An economic survey showing in detail the potential commerce and revenue of the proposed zone and other direct and indirect benefits accruing therefrom; present foreign trade of the port area, including transshipment, re-export, and reconsignment trade; present steamship seryices, and possible increases in such services where necessary; comparative study of export · rates on domestic commodities for mixing with foreign goods; analysis of ocean freight rates where applicable to zone activity; potential new markets for zone business; activities best suited to particular zone; and such other data as may be necessary to a determination of whether the establishment
of the zone is justified to expedite and en. courage foreign commerce.
(f) Exhibit No. 6. (1) A description of the proposed project, where zone will be adjacent to water, to include:
(1) Slips and docks, giving number and for each the dimensions and depth of water below a stated datum:
(11) Wharves, giving number and for each the type of construction, width, area, sheds, loading and unloading facilities, trackage, fire protection, motoring facilities, and an estimate of the number of ocean-going ships which could be accommodated;
(iii) Warehouses, giving type of construction, floor area, and fire protection;
(iv) Transportation connections by rail and highway, giving the number of tracks and routes by which they would be connected with existing rail and highway systems;
(v) Facilities for coal and other fuel, and for light and power;
(vi) Water and sewer mains;
(vii) Administrative and living quarters and facilities to be provided for the officers and employees of the United States, State, and municipality, whose duties may require their presence within the zone (as required by $$ 400.800400.812);
(viii) Enclosure to segregate the zone from customs territory, together with the provisions for ingress and egress of persons, conveyances, vessels, and merchandise, showing in detail compliance with $$ 400.800–400.812, and including a description of openings and, if buildings form part of the enclosure line, a full description of the construction of the buildings and any openings therein on the line side.
(2) A description of the proposed proj. ect, where zone will not be adjacent to water, to include:
(j) Loading and unloading facilities;
(ii) Warehouses, giving type of construction, fioor area, and fire protection;
(iii) Transportation connections by rail and highway, giving the number of tracks and routes by which they would be connected with existing rail and highway systems:
(iv) Facilities for coal and other fuel, and for light and power;
(y) Water and sewer mains:
(vi) Administrative and living quarters and facilities to be provided for the officers and employees of the United States, State, and municipality, whose duties may require their presence within
the zone (as required by $$ 400.800– water areas below the noted datum plane 400.812);
shall be shown by figures. (vii) Enclosure to segregate the zone (3) The scale of the map shall be such from customs territory, together with as to show the complete zone on one sheet the provisions for ingress and egress of of the size prescribed. persons, conveyances, and merchandise, (4) If rail connections to existing rallshowing in detail compliance with road systems cannot be shown on the $$ 400.800–400.812, and including a de- map of the zone, an additional map or scription of openings and, if buildings maps on tracing linen and three blue line form part of the enclosure line, a full prints, showing the proposed rights-ofdescription of the construction of the way therefor and all structures, streets, buildings and any openings therein on and other improvements affected thereby the line side.
shall be furnished. These maps shall be (g) Exhibit No. 7. A preliminary esti- subject to the same requirements as to mate of the cost of the proposed proj- size, border, scale, meridian, and title as ect, sufficiently detailed to be subject to the map of the zone. verification.
(k) Exhibit No. 11. (1) If the appli(h) Exhibit No. 8. A statement of the cant is a State, the application for a time after the date of the approval of the grant shall be accompanied, as evidence application within which the applicant of the applicant's qualifications to make proposes to commence and complete the application, by a copy of the law or laws construction of the zone and the facili- under authority of which the applicaties and appurtenances, and to set up tion is made, duly certified by the Govand commence operation of the zone. ernor or secretary of state of the State
(i) Exhibit No. 9. The largest scale under seal, and three uncertified copies charts of the United States Coast and
of such law or laws (enacted after June Geodetic Survey of the locality, showing 18, 1934). in red the boundaries of the proposed (2) If the applicant is a public corpozone (four copies); or if an interior zone,
ration, other than a state, as defined in four copies of a map on an appropriate section 1 (e) of the act, the application scale, showing in red the boundaries of for a grant shall be accompanied by evithe proposed zone.
dence of the applicant's qualifications to (j) Exhibit No. 10. A detailed map, make the application, as follows: on tracing linen and three blue line (1) A copy of its charter or other orprints, showing the proposed lay-out of ganization papers duly certified by the the zone.
secretary of state of the State in which (1) The map shall be not smaller than It is located, or by the officer having legal 24 inches by 36 inches and not larger custody of the record of municipal and than 28 inches by 40 inches; shall have other public corporations (one copy a clear border of one-half inch on three only); sides and 21/2 inches on the left-hand (11) A statement under seal of the secshorter side; shall have a numerical retary of state of the State or other offi. scale and a graphical scale, the latter cer charged by State laws with supernot less than 6 inches in length; shall vision of harbor facilities, setting forth have the true meridian indicated there- whether the State owns and controls on; and shall have a space 4 inches by harbor facilities of any port of entry and 7 inches in the lower right-hand corner, whether harbor facilities of any other the upper half of which shall bear the
port of entry in the State are owned and title, scale, etc., and the lower half shall
controlled by a municipality, with three be left clear.
uncertified copies of such statement. (2) The map shall show, in land areas, all existing structures and improvements,
(3) If the applicant is a private corand, on water areas, by soundings, the
poration, the application for a grant shall present depths below a plane of refer
be accompanied by evidence of the appli. ence stated on the map. The outline of
cant's qualifications to make the applithe proposed slips, docks, wharves, ware- cation, as follows: houses, streets and highways, railroads, (1) A copy of its charter or articles of facilities for fuel, light, power, water and incorporation duly certified by the secresewer mains; quarters and enclosures tary of state of the State where organized shall be shown by suitable heavy lines or other officer having legal custody of a and these features designated clearly by record of incorporation (one certified lettering. The depths to be provided in and three uncertified copies);
(ii) A statement, under corporate seal, setting forth that the organization of the corporation is completed, showing that the corporation is authorized to proceed with the establishment of a foreign-trade zone under the laws of the State, and giving a true list of the principal officers of the corporation, with the full names and official designation of each, with three copies of such statement;
(iii) A certified copy of the special act or acts of the State or States in which the zone is located (enacted after June 18, 1934) and providing for the chartering of the corporation for the specific purpose of establishing a zone, with three uncertified copies of such act or acts.
(1) Exhibit No. 12. Evidence satisfactory to the Board that permits for construction have been obtained from Federal, State, or municipal authorities.
(m) Exhibit No. 13. Duly authenticated copies of the proceedings of the governing body of the corporation authorizing the official signing the application to make such application. (Sec. 6, 48 Stat. 1000; 19 U. S. C. 81f) (Regulations, June 29, 1935, as amended by Order 17, 14 F.R. 3671, July 2, 1949; Order 86, 36 F.R. 24930, Dec. 24, 1971] $ 400.604 Additional information.
An applicant may be required by the Board to furnish maps, plans, or other data in addition to the requirements specifically set forth in the regulations in this part, if, in the judgment of the Board, such additional data are desirable for a full understanding of the projects, or for the purpose of enabling the Board to review the design thereof, either in whole or in part. (Sec. 6, 48 Stat. 1000; 19 U. S. C. 818) $ 400.605 Public notice of application.
Subsequent to determining the filing date of an application to establish a zone, as prescribed by $ 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 judg
ment the proper conduct of the hearings or the public interest requires, [Order 74, 32 F.R. 13714, Sept. 30, 1967) $ 400.606 Amendments.
The Board may upon its own initiative or upon request permit the amendment of an application. (Sec. 6, 48 Stat. 1000; 19 U.S.C. 811) $ 400.607 Applications for expansion of
and modification of boundaries. Applications for expansion of an established zone shall be made and approved in the same manner as an original application. In cases of requests for minor modifications in zone boundaries which are not designed to expand zone operations and will not result in such an expansion, the Executive Secretary is authorized to determine the requirements for the exhibits to such applications. Among the exhibits there shall be a report from the District Director of Customs and of the District Engineer. If the latter two officials recommend that the requested modification be approved, the Executive Secretary shall have the authority to approve the application. [Order 86, 36 F.R. 24930, Dec. 24, 1971]
NOTE: The amendment at 36 F.R. 24930 is effective 30 days after publication. For the convenience of the user, the superseded text is set forth below.
§ 400.607 Applications for expansion of zone.
Applications for expansion of an established zone shall be made and approved in the same manner as an original application. (Sec. 6, 48 Stat. 1000; 19 U. S. C. 811) § 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 $ $ 400.600-400.604. The applicant will be advised of the filing date of his application. (Order 74, 32 F.R. 13714, Sept. 30, 1967] § 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