§ 400.26 - Criteria for evaluation of proposals, including for zones, expansions, subzones, or other modifications of zones.

§ 400.26 Criteria for evaluation of applications proposals, including for zones, expansions, subzones, or other modifications of zones.

Cross Reference

Link to an amendment published at 89 FR 8528, Feb. 8, 2024.

The Board shall consider the following factors in determining whether to approve an application pertaining to a zone:

(a) The need for zone services in the port of entry area, taking into account existing as well as projected international trade-related activities and employment impact;

(b) The suitability of each proposed site and its facilities based on the plans presented for the site, including existing and planned buildings, zone-related activities, and the timeframe for development of the site;

(c) The specific need and justification for each proposed site, taking into account existing sites and/or other proposed sites;

(d) The extent of state and local government support, as indicated by the compatibility of the zone project with the community's master plan or stated goals for economic development and the views of state and local public officials involved in economic development. Such officials shall avoid commitments that anticipate the outcome of Board decisions; and

(e) The views of persons likely to be materially affected by proposed zone activity; and

(f) If the application involves production activity, the criteria in § 400.27.

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[77 FR 12139, Feb. 28, 2012, as amended at 89 FR 8528, Feb. 8, 2024]