conducting its investigation the miners Committee is authorized to hearings and take evidence as ided in §§ 400.1316-400.1321.

.1310 Submission of further evidence. ould the report of the Examiners mittee be unfavorable, notice will ent to the applicant, who will be nitted to apply for permission of Board to present further evidence Support of his application either ly, in writing, or both.

0.1311 Rehearing on application. hould the request of the applicant ubmit further evidence be granted, applicant will be notified and, if a ring is desired, a date fixed therebefore the Committee of Alter

es.

D.1312 Action of Board on application. fter the Board's consideration of application is completed, unless ther information is required by the rd, the grant will be made or ied.

0.1313 Payment for inspection.

The Board shall specify, and applits and grantees shall pay, the cost inspection of construction. Prior to issuance of a grant, the applicant ll deposit promptly with the diset engineer a certified check in an ount specified as prescribed above, ering such cost. Certified checks in ounts specified by the Board will o be required to be deposited omptly by grantees with the district gineer covering costs of subsequent pections of major alternations. In e event the amount originally specid is insufficient to pay for the cost inspection, the Board shall specify e additional amount or amounts reired, which shall be paid promptly the applicant or grantee, as the se may be. Such funds shall be cared in a special deposit account by the strict engineer in accordance with isting law and regulations. If certied checks, which have been deposit, are in amounts in excess of the st of supervision of construction, the

district engineer shall refund such

excess.

§ 400.1314 Construction of zone.

Construction will be under the supervision of the Secretary of the Army and Chief of Engineers; such supervision shall be exercised by the District Engineer who shall enforce compliance with the terms of the grant.

[Order 17, 14 FR 3671, July 2, 1949]

§ 400.1315 Evidence.

In its discretion, and upon its own motion or upon the motion of any interested party, the Board may give an opportunity to, or require, an; party to any proceedings before the Board to present documentary or other written or oral evidence bearing upon any application, declaration, protest, petition, or complaint made to the Board. The Board may order that hearings be held for the purpose of taking testimony or receiving records not under the control of a party to proceedings before the Board, or for the purpose of taking testimony or producing records in connection with the establishment, operation, or maintenance of a zone, or with the conduct of any investigations appropriate to the administration of the act.

[Redesignated by Order 29, 17 FR 5317, June 11, 1952]

§ 400.1316 Object of hearing.

The object of such hearing is to inform interested parties concerning the matter at issue and to give them an opportunity to express their views frankly, fully, and publicly relative thereto.

[Redesignated by Order 29, 17 FR 5317, June 11, 1952]

§ 400.1317 Notice of hearing.

When the Board of Examiners Committee of the Board deems it advisable to hold a local hearing, notice of such hearing should be sent to all interested parties in time for them to be present in person or to be represented at the hearing, and a copy of the notice should be furnished local newspapers. The notice should state the subject to be considered and when and where the hearing will be held, specifically desig

nating the date, hour, and place. For the accuracy of the record, all important facts and arguments should be submitted in writing. As soon as the date and place for a hearing have been designated, the official or Exaininers' Committee should immediately advise the Board direct so that it may have available full information on the proceedings.

[Redesignated by Order 29, 17 FR 5317, June 11, 1952]

§ 400.1318 Procedure at hearing.

The following general procedure will govern the conduct of hearings:

(a) Minutes of the proceedings will be made, and when deemed advisable, will be taken stenographically.

(b) A complete copy of the notice and a record of the names and addresses of all parties on whom served and the manner of service (whether by mail, telegraph, telephone, etc.), should be retained and made a part of the record.

(c) The presiding officer will impress upon all interested parties and will also specifically state at the commencement of the proceedings: first, the special purpose of the hearing; second, that it is desired to have a frank and full expression of the views of all interested parties and as complete a statement as possible of all information bearing upon the question at issue; third, that the Board will give full weight to all evidence and arguments presented at the hearing, and that all pertinent material which the parties wish considered should be brought out at the hearing; fourth, that later ex parte evidence and arguments are not desired by the Board unless it is clearly shown that the matter is new and material and that there are good reasons why it could not be presented at the hearing.

(d) The presiding officer should read aloud such parts of the act and of the rules and regulations adopted by the Board as bear on the matter at hand. He should also read such other important papers bearing on the case, or extracts therefrom, as may be necessary for a full understanding of the status of the case and the data before the Board.

(e) The names and addresses of all parties of interest present or represented at the hearing will be recorded. (f) The presiding officer will then invite and conduct a thorough and candid discussion of the case in all its bearings.

[Redesignated by Order 29, 17 FR 5317, June 11, 1952]

§ 400.1319 Adjournment of hearing.

If it is alleged by any person that more evidence exists which could not be properly prepared in time for the hearing, the presiding officer will, at his discretion, either adjourn the hearing for a reasonable period, or may delay transmitting his report until after the receipt of such evidence and the expiration of a reasonable period for its examination by other interested persons. In such cases, definite statements as to the amount of time desired should be required. If no further hearing is held, it should be required that any additional evidence be submitted in typewritten or printed form, and the party submitting it should be required to serve a copy thereof on such other parties in interest as appeared at the hearing and to furnish proof of such service for the record. [Redesignated by Order 29, 17 FR 5317, June 11, 1952]

§ 400.1320 Record of proceedings.

The record of the proceedings should be made in quadruplicate, 3 copies for the Board and 1 for the office of the presiding officer. The record should be accompanied by a copy of the notice and list of those present, briefs or exhibits submitted in the case, and the recommendations of the officer or committee conducting the hearing on the points raised at the hearing. All of the above papers should be properly marked for reference and when possible bound together and submitted as a single exhibit. [Redesignated by Order 29, 17 FR 5317, June 11, 1952]

§ 400.1321 Additional rules of practice.

Additional rules of procedure and practice in formal proceedings under the act, and of procedure in formal and informal proceedings, in elabora

tion or extension of those set forth herein, may be issued from time to time.

[Redesignated by Order 29, 17 FR 5317, June 11, 1952]

PUBLIC INFORMATION

SOURCE: 400.1400 to 400.1406 contained in Order 74, 32 FR 13715, Sept. 30, 1967, unless otherwise noted.

§ 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 U.S.C. 552, as amended, ordinarily will not be made available to any person.

§ 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 U.S. Foreign-Trade Zones.

§ 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,

U.S. Department of Commerce, Washington, D.C. 20230, to make available for public inspection and copying the materials required to be made available to the public by 5 U.S.C. 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.

§ 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, U.S. Department of Commerce, Washington, D.C. 20230, to make available for public inspection and copying identifiable records which have been determined to be disclosable pursuant to 5 U.S.C. 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.

§ 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 U.S. 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 will be 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) If 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.

§ 400.1405 Requests for reconsideration of nonavailability.

(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 transmitted 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 inspection in accordance with § 400.1404(c). To the extent that the decision is adverse to the request, the reason(s) for the 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 U.S.C. 552(a)(3).

§ 400.1406 Security information.

Nothing in the regulations in §§ 400.1400-400.1406 should be construed to modify or supersede laws, rules, and regulations governing the release of information classified as security information.