2013-04038. Foreign-Trade Zone 37-Orange County, NY, Application for Reorganization (Expansion of Service Area) Under Alternative Site Framework

An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by the County of Orange, grantee of Foreign-Trade Zone 37, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the Board (15 CFR 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or “usage-driven” FTZ sites for operators/users located within a grantee's “service area” in the context of the Board's standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u) and the regulations of the Board (15 CFR part 400). It was formally docketed on February 11, 2013.

FTZ 37 was approved by the Board on May 4, 1978 (Board Order 130, 43 FR 20526, 05/12/1978) and expanded on July 9, 1999 (Board Order 1044, 64 FR 38887, 07/20/1999). FTZ 37 was reorganized under the ASF on May 13, 2010 (Board Order 1680, 75 FR 29727, 5/27/2010) and its ASF service area was expanded on October 24, 2011 (Board Order 1796, 76 FR 67407, 11/1/2011). The zone project currently has a service area that includes Orange and Duchess Counties, New York.

The applicant is now requesting authority to expand the service area of the zone to include Rockland County, as described in the application. If approved, the grantee would be able to serve sites throughout the expanded service area based on companies' needs for FTZ designation. The proposed expanded service area is adjacent to the Newark/New York Customs and Border Protection Ports of Entry.

In accordance with the Board's regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board.

Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 22, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 7, 2013.

A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/​ftz. For further information, contact Elizabeth Whiteman at Elizabeth [e-mail] or [phone].

Dated: February 11, 2013.

Andrew McGilvray,

Executive Secretary.