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§ 400.1307 Applications.

Upon receipt of an application, the Executive Secretary of the ForeignTrade Zones Board will designate an examiner who will investigate the application and accompanying exhibits for compliance with the provisions of $$ 400.600 to 400.608. (Order 47, 23 F.R. 5417, July 17, 1958) $ 400.1308 Examiners Committee.

If the application and accompanying exhibits are in order, the Executive Secretary of the Foreign-Trade Zones Board will appoint an Examiners Committee and designate a chairman. This committee will consist of the examiner appointed by the Executive Secretary who has examined the application as provided in $ 400.1307, the Regional Commissioner of Customs or his designee and the District Engineer in whose districts the proposed zone is to be located. The committee will then make a thorough investigation of the application and report its findings to the Board. TOrder 47, 23 F.R. 5417. July 17, 1958, as amended by Order 74. 32 F.R. 13715, Sept. 30. 1967) $ 400.1309 Hearings before Examiners

Committee. In conducting its investigation the Examiners Committee is authorized to hold hearings and take evidence as provided in $ $ 400.1316-400.1321. § 400.1310 Submission of further evi.

dence. Should the report of the Examiners Committee be unfavorable, notice will be sent to the applicant, who will be permitted to apply for permission of the Board to present further evidence in support of his application either orally, in writing, or both. § 400.1311 Rehearing on application.

Should the request of the applicant to submit further evidence be granted, the applicant will be notified and, if a hearing is desired, a date fixed therefor before the Committee of Alternates. $ 400.1312 Action of Board on appli

cation. After the Board's consideration of the application is completed, unless further information is required by the Board, the grant will be made or denied.

§ 400.1313 Payment for inspection.

The Board shall specify, and applicants and grantees shall pay, the cost of inspection of construction. Prior to the issuance of a grant, the applicant shall deposit promptly with the district engineer a certified check in an amount specified as prescribed above, covering such cost. Certified checks in amounts specified by the Board will also be required to be de. posited promptly by grantees with the district engineer covering costs of subsequent inspections of major alterations. In the event the amount originally specified is insuficient to pay for the cost of inspection, the Board shall specify the additional amount or amounts required, which shall be paid promptly by the applicant or grantee, as the case may be. Such funds shall be carried in a specia) deposit account by the district engineer in accordance with existing law and reg. ulations. If certified checks, which have been deposited, are in amounts in excess of the cost 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 witb the terms of the grant. (Order 17, 14 F.R. 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, any 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 F. R. 6317, June 11, 1952)

66-032-72-24

$ 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 F. R. 5317, June 11, 1962) $ 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 designating 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 Examiners' Committee should immediately advise the Board direct so that it may have available full information on the proceedings. (Redesignated by Order 29, 17 F.R. 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 nanies 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 oficer will then in. vite and conduct a thorough and candid discussion of the case in all its bearings. (Redesignated by Order 29, 17 F. R. 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 F. R. 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 ac. companied 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 F. R. 5317, June 11, 1952)

$ 400.1321 Additional rules of practice. inspection and copying the materials re. Additional rules of procedure and

quired to be made available to the pubpractice in formal proceedings under the

lic by 5 U.S.C.552(a) (2). act, and of procedure in formal and in

(b) Rules and procedures prescribing formal proceedings, in elaboration or ex

the hours of operation, location, fees, tension of those set forth herein, may be

and other requirements for public inissued from time to time.

spection of records through the central [Redesignated by Order 29, 17 F. R. 5317,

facility are contained in Part 4 of this June 11, 1952)

title. PUBLIC INFORMATION

$ 400.1403 Requests for identifiable

records. SOURCE: $ $ 400.1400 to 400.1406 contained in Order 74, 32 F.R. 13715, Sept. 30, 1967,

(a) The procedures of this section are unless otherwise noted.

applicable only to those records not cus

tomarily available to the public as part $ 400.1400 Policy.

of the regular information activities of It is the policy of the Foreign-Trade the Board. Zones Board, consistent with the pur- (b) The Board shall utilize the faciliposes of the Foreign-Trade Zones Act ties and services of the Central Reference and the role of the Board as a regulatory and Records Inspection Facility, U.S. Deagency, to furnish the public with in- partment of Commerce, Washington, D.C. formation pertaining to the establish- 20230, to make available for public inment, operation and administration of spection and copying identifiable records foreign-trade zones in the United States, which have been determined to be disexcept that such information as is ex- closable pursuant to 5 U.S.C. 552(a) (3). empted from the requirement for dis- (c) Rules and procedures prescribing closure of 5 U.S.C. 552, as amended, or- the hours of operation, location, fees, and dinarily will not be made available to any other requirements for public inspection person.

of records through the central facility

are contained in Part 4 of this title. $ 400.1401 Public information activities. The Executive Secretary of the Board

§ 400.1404 Determinations of availabil.

ity of records. shall conduct the following public information activities of the Board:

(a) In accordance with the rules, regu(a) Preparation and release of mate

lations, and procedures governing the oprial published by or for the Board, in- eration of the Central Reference and cluding public announcements, items for Records Inspection Facility of the U.S. publication in the FEDERAL REGISTER, news Department of Commerce, a request for releases, and reports.

the determination of availability of a (b) Clearance for release of informa

record of the Board will be referred to tional material from other agencies re- the Executive Secretary of the Board who ferred to the Board for review.

shall initially determine: (c) Release of gen al information

(1) Whether the requested record can pertaining to Board activities, rules and

be identified on the basis of informaregulations and, at his discretion, in

tion contained in the request. If the recformation contained in Board records as

ord cannot be identified the request necessary to further the regular infor- shall be returned to the person who initimation dissemination activities of the

ated it and he shall be advised why the Board.

record is not identifiable and what addi(d) Development and direction of

tional clarification, if any, he may submeasures to provide the international

mit to assist in the identification of the business community with information

record pertaining to the establishment, opera

(2) Whether the record, if identifiable, tion and administration of U.S. Foreign

is still in existence or has been destroyed Trade Zones.

as provided by law, or is not in the pos

session of the Board. If the record no § 400.1402 Availability of materials for

longer exists, the person who initiated inspection and copying.

the request will be notified, with the rea(a) The Board shall utilize the facili- son stated. If the record is not in the ties and services of the Central Reference Board's possession and its existence is not and Records Inspection Facility, U.S. otherwise reasonably ascertainable, the Department of Commerce, Washington, person who initiated the request shall be D.C. 20230, to make available for public 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.

CHAPTER VEBUREAU OF DOMESTIC COMMERCE,

DEPARTMENT OF COMMERCE 1

Part 601 602 610 615 667

Issuance of licenses under foreign patents owned by the United States.
Instruments and apparatus for educational and scientific institutions.
Adjustment assistance for firms.
Determination of bona fide motor-vehicle manufacturer.
Official U.S. Government recognition of and participation in international

expositions held in United States.

PART 601-ISSUANCE OF LICENSES

UNDER FOREIGN PATENTS OWNED

BY THE UNITED STATES Sec. 601.1 Scope. 601.2 Application for licenses. 601.3 Type of license. 601.4 Conditions in licenses. 601.5 Revocation.

AUTHORITY: The provisions of this part 601 issued under E.O. 9865, June 14, 1947, 12 F.R. 3907; 3 CFR, 1947 Supp.

SOURCE: The provisions of this Part 601 appear at 13 F.R. 313, Jan. 22, 1948, unless otherwise noted. Redesignated at 13 F.R. 6623, Nov. 10, 1948. $ 601.1 Scope.

The regulations in this part are issued under the authority contained in Executive Order 9865 dated June 14, 1947. Under the Executive order, the Secretary of Commerce is required, where the best interests of the United States so indicate, to Ale patent applications in foreign countries covering inventions resulting from Government conducted or financed research embodied in United States patents owned by the Government of the United States. The Secretary of Commerce having obtained such foreign patent rights for the United States Gov. ernment may issue licenses thereunder

to nationals of the United States who make application therefor. $ 601.2 Application for licenses.

An application for a license should be addressed to the Secretary of Commerce, Washington 25, D. C., Attention: Director, Business and Defense Services Administration. It should set forth the name and address of the individual, partnership, or corporation desiring the license, a brief description of the business activities in which engaged, and such other pertinent information as may be desired. The Goyernment of the United States is interested in the maximum use being made of patented processes and devices which it owns, and, accordingly, the Secretary of Commerce will consider the likely ability of the applicant to use the patented process or device before determining that a license should or should not issue. (13 F. R. 313, Jan. 22, 1948, as amended at 18 F. R. 8111, Dec. 10. 1953) $ 601.3 Type of license.

Under existing law, the United States can issue only licenses which are revocable at will. Licenses will also be nonexclusive and royalty-free except where the Secretary of Commerce shall determine and proclaim it to be inconsistent with the public interest to issue licenses on such a basis.

135 F.R. 19350.

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