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HomeMy WebLinkAboutR-90-0432J-PO-450 5/30/90 RESOLUTION NO. 9 0- 432 A RESOLUTIONS WITH ATTACHMENT, OF THE CITY OF MIAMI COMMISSION FINDING THAT THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN (MAY, 1990) IS CONSISTENT WITH LOCAL PLANS AND PROGRAMS, SPECIFICALLY ORDINANCE NO. 10544, AS AMENDED, WHICH APPROVED THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. WHEREAS, the City Commission approved Resolution No. 86-589.1 on July 7, 1986, approving the City of Miami participation in a Florida Enterprise Zone; and WHEREAS, the City of Miami International Trade Board (MITB) approved a resolution on August 16. 1988, supporting the Wynwood Community Economic Development Corporation application for a Wynwood-based Foreign Trade Zone; and WHEREAS, the City of Miami Commission adopted Resolution No. 88-1039 on November 3, 1988, .findini that the plans of the Wynwood Community Economic Development Corporation and the proposed Foreign Trade Zone were consistent with existing City plans; and WHEREAS, the City Commission approved Resolution No. 88-1102 on November 17, 1988, approving City participation in a Federal Enterprise Zone; and WHEREAS, the City Commission approved Ordinance No. 10544 on February 9, 1989, approving the Miami Comprehensive Neighborhood Plan 1987-2000 and addenda; and WHEREAS, the Dade County Commission approved Resolution No. 376-89 on April 4, 1989, supporting the proposal of the Wynwood Economic Development Corporation proposal for a Wynwood Foreign Trade Zone; and WHEREAS, a Wynwood Foreign Trade Zone is being planned by the Wynwood Community Economic Development Corporation and the CITY COMMISSION MEETING OF JUN 7 SW 90- 432 City of Miami. in an a.rea within the City of Miami., generally bounded, by North,,,,7est 23rd and 24th Streets on the North, by Northwest 21st 'terrace and Northwest 22nd Street on the South, Northwest 2nd Avenue on the East, and Northwest F,th Avenue on the West; and WHEREAS, development is occurring in accordance with the Garment/Center Fashion District Redevelopment Plan, Resolution No. 79-•553, July 23, 1979; and WHEREAS, the Wynwood Community Economic Development Corporation, and the City of Miami, are planning projects which are designed to construct or substantially rehabilitate industrial, commercial, housing, or public facilities, in a distressed area, and to promote entrepreneurial and job development opportunities and reduce crime, within the Wynwood area; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recital and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Miami City Commission hereby finds that the Wynwood Safe Neighborhood Improvement District Plan (May, 1990), in substantially the attached form, is consistent with local plans and programs, specifically ':he Miami Comprehensive Neighborhood Plan 1989-2000 approved on February 2, 1989. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of -2- June 1990. �C�� VIER L. SUAREZ MAYOR 90 - 492 0 L2 PREPARFD ANT) APPROVED BY: i LINDA K. KEARSON Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: -GE' F ANDEZ City Attorn LKK/pb/M1531 -3- 90- 432 LA LA NOTE: THE ATTACHMENT TO RESOLUTION 90-432 IS IDENTICAL TO THE ATTACHMENT TO RESOLUTION 90-431. THE ATTACHMENT IS FILED IN A SEPARATE FOLDER WITH THE OTHER PAPERS PERTAINING TO THE CITY COMMISSION MEETING #3959 OF JUNE 7, 1990. -- 4 - 90- 432 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM IV4 TO Honorable Mayor and Members DATE : MAY 2 � 1090 FILE of the City Commission SUBJECT : Request for Approval of the Proposed Wynwood Safe Neighborhood Improvement District Plan FROM REFERENCES' Cesar H. Od (City Commission Meeting of City Manager ENCLOSURES, June 7, 1990) It is respectfully requested that the City Commission approve the following resolutions: 1. The City Commission, in its capacity as the Board of Directors of the Wynwood Safe Neighborhood Improvement District, approves the Wynwood Safe Neighborhood Improvement Plan, in principle and in substantially the form attached; and finds that the proposed Wynwood Foreign Trade Zone is an integral component of the Plan, per the attached resolution. 2. The City Commission, in its capacity as the Miami City Commission, finds that the Wynwood Safe Neighborhood Improvement District Plan is consistent with local plans, specifically the Miami Comprehensive Neighborhood Plan 1989-2000, per the attached resolution. Upon approval by the City Commission and the Wynwood SNID Board, the Cit Commission, in its capacity as the Miami City Commission, shall hold two (2� public hearings to consider the Wynwood SNID Board's adopted Safe Neighborhood Improvement Plan and find that there is not a necessity to amend the Miami Comprehensive Neighborhood Plan 1989-2000 for the inclusion of the Wynwood Safe Neighborhood Improvement District Plan, per Chapter 163.516 (8) F.S. BACKGRQUN The City Commission has previously approved the following ordinances relating to the Safe Neighborhood Program within the City: 1. Ordinance 10405 (3-24-88) enabled City Wide Safe Neighborhood Programs. 2. Ordinance 10406 (3-24-89) created the Wynwood Safe Neighborhood Improvement District. 3. Ordinance 10522 (11-17-88) amended Ordinance 10406. Page 1 of 3 90- 432 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM �b TO : 1 M Honorable Mayor and embers DATE y M AY 2 1990 FILE of the City Commission SUBJECT: Request for Approval of the Proposed Wynwood Safe Neighborhood Improvement District Plan FROM REFERENCES Cesar H. Od (City Commission Meeting of City Manager ENCLOSURES June 7, 1990) It is respectfully requested that the City Commission approve the following resolutions: 1. The City Commission, in its capacity as the Board of Directors of the Wynwood Safe Neighborhood Improvement District, approves the Wynwood Safe Neighborhood Improvement Plan, in principle and in substantially the form attached; and finds that the proposed Wynwood Foreign Trade Zone is an integral component of the Plan, per the attached resolution. 2. The City Commission, in its capacity as the Miami City Commission, finds that the Wynwood Safe Neighborhood Improvement District Plan is consistent with local plans, specifically the Miami Comprehensive Neighborhood Plan 1989-2000, per the attached resolution. Upon approval by the City Commission and the Wynwood SNID Board, the Cit Commission, in its capacity as the Miami City Commission, shall hold two (2� public hearings to consider the Wynwood SNID Board's adopted Safe Neighborhood Improvement Plan and find that there is not a necessity to amend the Miami Comprehensive Neighborhood Plan 1989-2000 for the inclusion of the Wynwood Safe Neighborhood Improvement District Plan, per Chapter 163.516 (8) F.S. BACKGROUND The City Commission has previously approved the following ordinances relating to the Safe Neighborhood Program within the City: 1. Ordinance 10405 (3-24-88) enabled City Wide Safe Neighborhood Programs. 2. Ordinance 10406 (3-24-89) created the Wynwood Safe Neighborhood Improvement District. 3. Ordinance 10522 (11-11-88) amended Ordinance 10406. Page I of 3 A On June 22, 1989, the City Commission adopted two resolutions (Resolutions 89-577 and 571.1), instructing the City Manager to execute the following: (1) an agreement between the City of Miami (Wynwood Safe Neighborhood Improvement District) and the Florida Department of Community Affairs, in the amount of $250,000, for the preparation of a Wynwood Safe Neighborhood Plan and (2) an agreement between the City of Miami and the Department of Community Affairs, in the amount of $30,000, for technical assistance. On -December 7, 1989, the City Commission approved a professional services agreement between the Wynwood Safe Neighborhood Improvement District (Wynwood SNID) and the Wynwood Community Economic Development Corporation (WCEDC) to prepare a Safe Neighborhood Improvement Plan for the Wynwood SNID, in the amount of $250,000, and on April 26, 1990, the City Commission approved a professional services agreement between the City and the Wynwood SNID Partnership in the amount of $30,000 for technical assistance in the preparation of the Safe Neighborhood Plan. The Safe Neighborhood Plan has been prepared for the Wynwood Safe Neighborhood District (Wynwood SNID) for the coordinated, balanced, and harmonious development of the Wynwood SNID and designed through the use of Crime Prevention Through Environmental Design (CPTED) techniques to effectively change the physical environ^:snt and reduce the perception, incidence and fear of crime in the area. The area is bounded by N.W. 36th Street, N.E. 21st Terrace and N.W. 22nd Street, North Miami Avenue, and N.W. 6th Avenue, containing approximately 368 acres. The Wynwood Safe Neighborhood Plan has determined that the most effective means to reduce the incidence of crime, and change the physical environment, is to provide a mechanism to increase employment and develop a secure facility. The Plan proposes the establishment of a Wynwood Foreign Trade Zone WIZ) at N.W. 5th Avenue and N.W. 22nd Street to accomplish the dual goal of increasing employment and reducing crime. The Wynwood Foreign Trade Zone is totally contained within the Wynwood Safe Neighborhood Improvement District. The Plan also recommends the following: • Public housing along N.W. 20th Street should undergo rehabilitation that includes the application of crime prevention through environmental design techniques. • Certain areas containing residential uses should be changed to a use more complementary to the general industrial land use currently existing in the area. • Strategies such as privitization and rehabilitation should include the application of crime prevention techniques. e Demolition may be necessary in specific instances. Page 2 of 3 Nigh density affordable rental housing units under private ownership should be rehabilitated through the use of crime prevention techniques. • Access to the WFTZ should be controlled. Northwest 5th Avenue should terminate with a cul-de-sac at N.W. 22 Street. • N.W. 23rd and N.W. 24th Streets should terminate at N.W. 6th Avenue. • N.W. 24th, 26th, 27th and 28th Streets should be equipped with security gates that will allow controlled access from N.N. 6th Avenue. • The perimeter of the WFTZ should be secured with a combination of a 9 feet high cement fence and 9 feet high vertical bar fencing. o Business owners in the wholesale area should develop a security plan with the Miami Police Department and private security agencies. s A "Grand Entrance" should be created at N.W. 5th Avenue and N.W. 29th Street. The "Grand Entrance" should project a "sense of arrival" and naturally draw customers to access the commercial area at this point. • A logo should be designed to reflect the new image of the District. 9 Additional code enforcement efforts should be targeted to the residential area. A detailed explanation of both the crimes associated within the area and recommendations for the area are presented in the attached plan. Attachments cc: Elbert L. Waters Assistant Director, Planning; Planning, Building and Zoning Department Page 3 of 3 90- 432 77h clyH16111 r S R . 9o•d3/ ie.. go , e13 2-- 1A of 'Mianti CESAR H. 0DIo CITY MANAGER May 219 1990 Mr. Paul R. Bradshaw, Director Div. of Resource Planning and Management Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Dear Mr. Bradshaw: RE: CONTRACT NO. 89- SN-4 7-14-23--20--04 4 ATTACHMENT FOR i TF!,,S 17 & 18 r.c,n;lMSSTON MFFTT13G OF JtJra F 7, 1�9C1 P. O. DOX 330700 MIAMI, fLOPVIDA 33233-0708 305 - $79 - 0306 Enclosed please find a, copy of the Wynwood Safe Neighborhood Plan for the Wynwood Safe Neighborhood Improvement District (Wynwood SNID. The plan is scheduled for final adoption by the City or Commission (Board of Directors of the Wynwood SNID) on June 7, 1990. The documentation of the expenditure of grant funds and local match, pursuant to the above -referenced agreement between the Wynwood SNID and the Florida Department of Community Affairs, will be transmitted by June 15, 1990. If you have any questions, please feel free to contact Sergio Rodriguez, Assistant City Manager, at (305) 250-5400. Sincerely, R. Odio X0 Manager At-cachment cc: Planning, Building & Zoning Department • Linda Kearson, Assistant City Attorney William Rios, Wynwood Community Economic Dev. Corp. Roger Wilburn, Florida. State Dept. of Community Affairs 30- 431 CTY OF MWN11 LINALTAbIlINANTATSY WA TM; W I K WA A M A L W, & E. SAFE NEIGHBORHOOD PLAN FOR THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT INCLUDING THE WYY;VOOD FOREIGN TRADE ZONE Prepared by the City of Miami Planning, Building & Zoning Department in conjunction with the Wynwood Community Economic Development Corporation and the Wynwood SNID Partnership 90-ft 431 WU W City of Miami W Y N W O O D S A F E N E I G H B O R H O O D I M P R O V E M E N T D I S T R I C T MAY 1990 WYNWOOD SKID BOARD OF DIRECTORS: Xavier D, Suarez, Mayor/Chairman Miller J. Dawkins, Vice-Mayor/Director Dr. Miriam Alonso, Commissioner/Director J. L. Plummer, Jr., Commissioner/Director Victor De Yurre, Commissioner/Director Cesar H. Odio, City Manager/Chief Financial Officer City of Miami Planning, Building and Zoning Department in conjunction with. the Wynwood Community Economic Development Corporation and the Wynwood SKID Partnership { gyp$ 431 LO A• ESTABLISHMENT OF WYNMOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT• 90- 431 9 9--- 432 A Resolution of the Wynwood Advisory Council, dated May 1£, 1990 at a meeting of the Wynwood Advisory Council. 1. Board Attendance: Mr. Freddy Santiago; Mr. Louis Terner; Mr. Patrick Gerrits; and Mrs. Dorothy Quintana. 2. Presentations: (i) William Rios, Executive Director of the Wynwood Economic Development Corporation; (ii) Mr. Burt Waters, Assistant Director of Planning for the City of Miami Planning, Building & Zoning Department; and (iii) Paul Urschalitz and Raqueeb Albaari (the Wynwood Partnership) regarding the Wynwood Safe Neighborhood Improvement District Plan. WHEREAS, we the majority of the members of the Wynwood Advisory Council, on May lf, 1990 have listened to the presentations made by the Wynwood Community Economic Development Corporation; the City of Miami Planning, Building & Zoning Department; and the Wynwood Partnership, and we have reviewed the Wynwood Safe Neighborhood Improvement District Plan; and WHEREAS, we have listened to the presentations of the Crime Prevention Through Environmental Design ("CPTED"), experts and their recommendations for environmentally enhancing security designs and capital improvements for the Wynwood Safe Neighborhood Improvement District, and we understand the CPTED security designing concept; and WHEREAS, we have listened and comprehended the details of the plan for the Wynwood Community Economic Development Corporation to develop a foreig%i trade zone in the Wynwood Safe Neighborhood District, and that the foreign trade zone is an integral part of the recommendations to enhance security, safety, and crime prevention for the area; and f-4,41 WHEREAS, we have reviewed in detail and as business owners in this community, and are painfully aware of the serious crime problem that deters further business development in our area, and 431 90- 432 we are concerned that the security provisions of the Wynwood Safe Neighborhood Improvement District plan recommendations should begin as soon as possible in order to begin to see the results of the Wynwood Safe Neighborhood Improvement District planning efforts; and NOW, THEREFORE, we the majority of the members of the Wynwood Advisory Council hereby wholeheartedly and fully recommend to the City of Miami Planning, Building & Zoning Department, the Wynwood SNID Board/Miami City Commission, and to the Florida Department of Community Affairs that they approve and act expeditiously to adopt the Wynwood SNID Plan, including the development by the Wynwood Community Economic Development Corporation of the foreign trade zone and that the respective parties undertake to make funding available to complete all aspects of the plan at the earliest practical date. WHEREFORE, I Patrick Gerrits, acting as secretary for the Wynwood SNID Advisory Board, by the authority granted by the members of the Wynwood Advisory Board, hereby certify that this is the true and complete Resolution of the Wynwood Advisory Council, dated May 16, 1990 recommending the adoption of the Wynwood SNID Plan. Wynwood Advisory Council z� By: d Mr. Patrick Gerrits, Secretary 90-» 431 SAD- 432 Tm� _=- f+.qrnpmpr,Y. Ppt.-P-n thn Wynwnnd Nnighhorhonri ZmFirove*nnnt -- nintrirt. And the Department. of Community Af.fmirs ry 1988-8o This agreement is being entered into between the Department of Community Affairs (Department) and the Wynwood Neighborhood Improvement District (District). This agreement is entered into based on the following facts. WHEREAS, the Department is required by Section 163.519, Florida Statutes, to administer the Safe Neighborhoods Trust Fund; and WHEREAS, the purpose of the Safe Neighborhoods Trust Fund is to provide planning grants to neighborhood improvement districts; and WHEREAS, the Wynwood Neighborhood Improvement District has applied for and met the requirements to receive aplanning grant from the Safe Neighborhoods Trust Fund; and NOW, THEREFORE, the Department and the District agree ns follows. I. The District agrees: (A) to utilize the funds provided herein to prepare a safe neighborhood improvement plan for the District that meets the requirements of Section 163.516, Florida Statutes. In specific, the District agrees to complete the following tasks: (1) Task 1. (a) Appoint a safe neighborhood advisory board and identify and select project staff. (b) Establish and adopt bylaws for the operation of the District as required by Section 163.5151 (2), Florida Statutes. (2) Task 2. The District shall conduct data collection and perform analysis of that data to address the following elements which shall be included in the plan. (a) Demographics including population, age, race, sex, income, employment, education, housing, and poverty. (b) Crime activity 1. type, frequency, severity, and location of criminal activity. 2. Determine from surveys and other research techniques, the level of crime as perceived by neighborhood residents. ]. Compare the types of crime in the District on a per capita, citywide, and countywide basis. 1 90v- 431 43 (c) 1.And IIGP, 7.nnir+g, hniinina, and trRfflr_. l.. rrnvi0o An anAlycis of r_riran rPlrtod to si 1Pnd use And anvironrPntnl And phyrzicni f�s�! conditions of the District giving particular attention to agt_Qr,.,s which support or create opportunities for crime, which impede natural surveillance, which encourage free =_ circulation through the District, or which hinder the defense of social territories perceived by residents as under their control. These factors include streets, alleys, sidewalks, residential blocks, position of dwellings on a block, single vs. multi -family dwellings, abandoned houses, parking areas and parking lots, informal pathways, functional areas of the environment, traffic flow patterns, and the existence of barriers such as fences, walls, gullies, and thick vegetation. _ 2. Determine, from surveys and other data collection techniques, the problems of the crime -to -environment relationship and the stability of the neighborhood improvement = District. 3. Identify areas within the District where modification or closing of, or restriction of access to certain streets would assist = crime prevention and enhance neighborhood security for property owners and residents. (3) Task 3. Identify goals and objectives. (a) The District shall assess the crime prevention through environmental design strategies and tactics that will be used to achieve the District's goals and objectives and address the problems identified in task 2, including suggested physical improvements necessary for the safety of residents in or visitors to the District and any increased law enforcement and security plans for the District. (b) The District shall also identify promotional advertising programs to be undertaken by the District or in conjunction with businesses in the District. (4) Task 4. Compile cost estimates for the implementation of the plan and identify methods of financing. (a) Through diagrams and written description, specifically identify any public funded capital projects to be undertaken within the District. - (b) Present adequate safeguards that the - improvements will be carried out pursuant to the plan. - (c) Present projected costs of improvements, including the amount to be expended on publicly funded capital improvement projects in the District and any indebtedness of the District, the county, or the municipality proposed to be incurred if such indebtedness is to be repaid with District revenues. 2 90- 431 94- 3 (5) TA5)( 5. (A) DQfine the function And rpspons_bilitiea of progr_Am Participant, in the implementation of the plan. (h) Establish an evaluation system including a schedule for executing the implementation and evaluation guidelines. (c) Provide for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the governing body of the City of Miami deems necessary to effectuate the purposes of the Safe Neighborhoods Act. (6) Task 6. Using the information developed in tasks 2 through 5, prepare and deliver a safe neighborhood plan that meets the requirements of Section 163.516, Florida Statutes. (a) The plan must include documentation of District plan consistency with the comprehensive plans for the City cif Miami and Dade County, in compliance with the Florida Local Government Comprehensive Planning and Land Development /Oly Regulation Act, and confirmed by resolution by J k! the City Commission. r (b) The plan must also include maps and text indicating land acquisition, demolition, street modifications, redevelopment, and rehabilitation proposed for the District, and proposed crime reduction techniques and methods for measuring reduction in District crime. I (8) Audit and Records (1) Maintain books, records, and documents in accordance with generally accepted accounting procedures and practices. These books, records, and documents shall sufficiently and properly document all expenditures of funds provided by the Department under this agreement for a preaudit and postaudit thereof. (2) Assure that these records shall be available at a reasonable time for inspection, review, or audit by State personnel and others duly authorized by the Department. "Reasonable" shall be construed according to circumstances but ordinarily shall ,mean during normal business hours. (3) Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after termination of this agreement. or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. (C) Task Completion Reports Maintain and file with the Department at least four task completion reports. Reports shall be completed as follows: 9©- 431 90-- 432 _ (1) The first report is d11p July 10.,�3969, And 4hr11, i nr1 uds a ciotA i I;-fi expI hunt ion An-! docu"sntAtion r,f the met_ions taken to conrl"ta the tasks stet forth in Section T.(A)(1) of this Agrowmpnt; ( 2 ) The second report is due Sep_tgM ei.;L and must include a detailed explanation and documentation of the actions taken to complete the tasks set forth in Section I.(A)(2) of this _ agreement. - (3) The third report is due October ib. 1989, and must include a detailed explanation and documentation of the actions taken to complete the tasks not forth in Section I.(A)(]) of this _ agreement. (4) A final report is due on November 6. 1989 and shall include a detailed explanation and - documentation of the actions taken to complete the tasks set forth in Sections I.(A)(4),(5) and (6) of this agreement. The final report shall also include a safe neighborhood improvement plan that meets the requirements of Section 163.516, Florida Statutes. (5) Documentation for the purposes of this section shall include but not be limited to reports, findings, and drafts, and documentation of expenditures for both match funds and grant funds. II. The Department agrees to pay a fixed fee of $250,000 for work performed according to the terms of this agreement. Payment shall be made as -, follows: = l - (A) A payment of $62,500 will be made to the District upon completion of the tasks set forth in Section I. (A)(1), and receipt and approval by the Department of the first task completion report; _ (B) $40,000 upon completion of the task set forth in Section I.(A)(2), receipt and approval by the Department of the second task completion report and documentation of the provision of adequate matching funds for this payment and the first payment: = (C) $40,000 upon completion of the task set forth in Section I.(A)(7), receipt and approval by the — Department of the third task completion report and documentation of the provision of adequate matching funds; and (D) $107,500 upon completion of the tasks set forth in Section I.(A)(4),(5) and (6) and receipt and approval by the Department of the final task completion report, - the Safe Neighborhood Improvement Plan and the documentation of the provision of matching funds. (E) Match documentation shall be in detail sufficient for -_ a proper preaudit and post audit thereof. Total documented expenditures shall equal the amount of the grant payment plus an equal match provided by the = District. -- 4 3Q� 431 90- 432 T21, Thn rOntrict any± flip n-V1?+1rt^ent. T"atUM11Y Aare-: (A) rrtprtivp bAtP (1) This Agre(-mont shall hegin on the dAte on which the agreement has been signed by both parties. ;2) This agreement shall end on December. 1, 1989. (B) Termination (1) This agreement may be terminated by either party upon no less than thirty (30) days' notice, with or without cause; notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Any unexpended funds on hand on the date that the notice of termination is issued shall be returned to the Department by the District. (2) Termination Because of Lack of Funds In the event funds to finance this agreement become unavailable, the Department may terminate the agreement upon no less than 24 hours notice in writing to the District. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds. (3) Termination for Breach of Contract Unless the District's breach of this agreement is waived by the Department in writing, the Department may, by written notice of breach to the District, terminate the agreement. Termination shall be upon no less than 24 hours notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of the agreement. The provision herein does not limit the Department's right to remedies at law or to damages. (4) Termination for Refusal to Allow Access to Records The Department may unilaterally cancel or terminate this agreement for the District's refusal to allow public access to all documents, 'papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the contractor in conjunction with this agreement. (C) Renegotiation or Modification Modifications of provisions of this agreement shall be valid only when they have been reduced to writing and duly signed. The parties agree to renegotiate this agreement if Federal or State revisions of a.iy applicable laws or regulations makes changes in this agreement necessary or desirable. 5 90- 431 90- 432 (n) ,cui-r,nntracts (t) if the District_ subcontracts Any or. All of the work required under. this Agreement, the District Agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this agreement. (2) The District agrees to include in the subcontract that the subcontractor shall hold the Department and the District harmless against all claims of whatever nature by the subcontractor or a third party arising out of the performance of work under this agreement. (3) Review and approval by the Department shall be required prior to entering into any subcontracts. The District shall forward a copy of the proposed subcontract to the Department for review and approval by the Department. The Department shall notify the District of its determination. Each subcontract shall contain the phrase "Funding for this contract is contingent upon approval of this contract by the Florida Department of Community Affairs." (4) Both parties further agree that any State institution or agency may be subcontracted with directly to perform the work tasks authorized by this agreement. (5) The contractor agrees to include in the subcontract that all works and products produced under the subcontract shall be works made for hire as defined in 17 United States Code section 101, and that the subcontractor shall have no interest in such work and products capable of copyright protection. (E) Copyright Provision The contractor agrees that all works and products produced under this contract shall be works made for hire as defined in 17 United States Code section 101, and that the contractor shall have no interest in such works and products capable of copyright protection. (F) The Department's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. (G) Notice and Contact (1)' The contract manager for this contract is Dale R. Eacker, Bureau of Local Resource Planning, Grants and Publications Section. (2) The Representative of the Recipient responsible for the administration of this contract is (3) In the event that different representatives are designated by either party after execution of this contract, notice of the name rued address of the new representative will be rendered in writing to the other party and said notification attached to the original of this contract. 9Q-0 4*31 90- 432 (11) All tl! r"r Ind CoMditions Inclmlori This-rittpn Aarpar!Pnt rontnins All- the tprr.. and conditions agrPP:-i upon by the pArtiQq, In WITNESS WF;F,REOF, the pArties have caused this 7 (sPvrn) page Agreement to be executed by their undersigned officials as duly authorized. Wynwood Neighborhoo Department of Community Affairs improvement fstzic NAME """�"' NAME TITLE CflAIRMA TITLE DATE DATE APPROVED AS TO FORM AND CORRECTNESS: JdRGE L. FE ANDEZ CITY ATTOR 90►- 431 90- 432 J�PlB••58r� 11/3/E}9 RESOLUTION NO. 98-10 9 A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THE PLANS OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION FOR THE PROPOSED WTNWOOD INDUSTRIAL PARK ARE CONSISTENT WITH THE OBJECTIVES OF THE CITY OF MIAMI PORTION OF THE NORTH CENTRAL DADE COUNTY ENTERPRISE ZONE, THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT (ORDINANCE NO. 10406), THE GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT PLAN (RESOLUTION NO. 79-553) (JULY, 1979) THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) AND EXISTING, APPLICABLE CITY OF MIAMI REGULATIONS. WHEREAS, the State of Florida Community Contribution Tax Incentive Program (S220.183 F.S.) is designed to encourage private businesses to participate in the revitalization of distressed areas; and WHEREAS, business firms are permitted under the Community Contributions Tax Program to make contributions to community development projects and receive tax credits on their Florida corporate taxes, or on an insurahce premium tax liability owed to the State; and WHEREAS, the Wynwood Community Economic Development Corporation is a licensed Florida community development corporation; and WHEREAS, the Wynwood Community Economic Development Corporation, a non-profit corporation, is an eligible sponsor of donations under the State of Florida Community Contributions Tax Incentive Program, and is willing to receive contributions under this program; and WHEREAS, the Wynwood Community Economic Development Corporation is planning projects which are designed to construct or substantially rehabilitate industrial, commercial, housing, or public facilities, in a distressed area, and to promote entrepreneurial and Job development opportunities within the Wynwood area; and CITY COir1,11SS10.' g ®'� 4 31 rirETlIb G OF Not, 9 1986 AR-1039 I.I.-MAN Y. ' WHEREAS, en industrial park and Foreign Trade Zone Brea, to be known as the Wynwood Industrial District, is being planned by the Wynwood Community Economic Development Corporation and the City of Miami, in an area within the City of Miami, generally bounded by Northwest 23 and 24 Streets on the North, by Northwest 21 Terrace and Northwest 22 Street on the South, Northwest 2 Avenue on the East, and Northwest 6 Avenue on the West; and = WHEREAS, a major portion of the Wynwood target area is included in the City of Miami Portlon of the North Central Dade County Enterprise Zone established under Chapter 290, Florida R Statutes, and Dade County Resolutions R-1001-86 and R-1126-86 and - City of Miami Resolution No. 86-589.1; and WHEREAS, the Proposed Foreign Trade Zone area: is totally contained within the Wynwood Local Government Neighborhood Improvement District, A Safe Neighborhood District, established under the terms of Section 163.506, F.S., and by City of Miami Ordinance No. 10406; and WHEREAS, development is occurring within the City of Miami in accordance with the Comprehensive Neighborhood Plan (September s 1985), and Garment/Center Fashion District Redevelopment Plan (July, 1979) and with the various City regulations; NOW, THEREFORE, DE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami City Commission hereby finds that the = plans attached hereto of the Wynwood Community Economic Development Corporation for a proposed Wynwood Industrial Park are consistent with the provisions of the City of Miami Portion of the North Central Dade County Enterprise Zone (Resolutions R- = 1001-86 and R-1126-36 and City of Miami Resolution No. 86-589.1), the Wynwood Local Government Neighborhood Improvement District (Ordinance: 10406), the Miami Comprehensive Neighborhood Plan and 7 Addenda (September 1985), Garment Center/Fashion District Redevelopment Plan (Resolution No. 79-•553) (July, 1979) and existing, applicable City of Miami regulations. - 2 - 90-W 431 88-1039 90- 432 PASSED AND ADOPTED t`til m3rd_^ dPy or t?vRvember_ -� 1988. b . 34APEZ, hS YOR ATTEST: _ Colo PREPARED AND APPROVED BY: Z, ,- I" �r : F - - &(, dY� L- q ERA F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORH AND CORRECTNESS: r f R i it a�-�-- CI ATTORNEY - 3 - SO- 431 94- 432 1 _.. .. - .., , .... .I-99-109P 11/OP/99 —110 RESOLUTION NO. 89. ---" A RESOLUTION OF TnE CITY COHNISSION OP THE CITY OF MIAMI, FLORIDA, WITH ATTACHMENTS, ALrTHORIZING THE CITY MANAGER TO NOMINATE A PORTION OF CENTRAL MIAMI 'FEDERAL ENTERPRISE ZONE" AND COMMITTING THE CITY OF MIAMI TO A COURSE OF ACTION PURSUANT TO THE FEDERAL REGISTER 24 CFR PART 596; SUBSECTION C 596.200 AND 596.202; DIRECTING THE CITY CLERIC TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TD THE METROPOLITAN DADE COUNTY COMMISSION AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FORWARDING TO THE OFFICE OF THE ASSISTANT SECRETARY FOR DEVELOPMENT, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO FILE AN APPLICATION FOR FEDERAL ENTERPRISE ZONE DESIGNATION AS SET FORTH HEREIN. WHEREAS, the City Commission of the City of Miami has established that economic and community development of distressed areas is a public purpose and that local residents and private Z- sector should be assisted in revitalizing such areas; and WHEREAS, the City of Hiami desires to participate in the Federal Enterprise Zone Program (Federal 25 CFR Part 596; r Subsection C 596.200) to induce the investment of private resources in productive business enterprises located in distressed areas; and WHEREAS, there exists an area, described below in Exhibits •A• and '8', within the corporate boundaries of the City of Miami which contains a number of commercial buildings which are deteriorating, as well as a number of substandard housing units which contribute to ill health and other potential dangers for their residents; and WHEREAS, the rehabilitation and/or redevelopment of the affected areas is in the best interest of the public health, safety, morals and welfare of the residents of the City of Miami; NOW, THERXFORE, BE IT RESOLVED 8Y THE COY''ISSION OF THE CITY OF MIAMI, FLORIDA: CITY CONiI"SS_C'!' MATING Gr I ATTACHMENTS NOV 17 ,988 CONTAINED ats,"'T,oN �a.�e-11a REMARKS: _ - - 431 90- 432 Section a. The r•r_itml" rind findi.naef cnntni.n"d in the± rrwnnblp to this+ pp—oluti.on are hprpby ndopte+d r:y rlfarrncp hereto .and are incorp-irated herein an if fully net forth in thin section. Section 2. The area outlined by the boundaries listed in Exhibit '®' and illustrated by the map entitled *The Proposed Central Miami Federal Enterprise Zone, (Exhibit 'A"), is hereby nominated for designation as a federal approved enterprise tone pursuant to Federal Register 24 CPR Part 596; Subsection C • S9S.200. Section 3. The City Commission of the City of Miami hereby requests of the Dade County Commission that the Area identified in Exhibit''•B• as the proposed Central Miami Federal Enterprise Zone be submitted for approval by the Secretary of the Department of Community Affairs of the State of Florida for transmittal to the Office of the Assistant Secretary for Development, U.S. Housing and Urban Development to certify this area as eligible for the benefits contained in Subpart B-Section 596.2, 24 CFR i Part 596 (1987). Section 4. The City Commission of the City of Miami hereby commits the City of Miami to the following four (4) Elements of Course of Action in the Federal Enterprise Zone (Subpart C - Section 596.202, 24 CFR Part 596 (1987)e (1) Metropolitan Dade County will be the entity accomplishing the reduction of tax rates, fees, or user charges applying within the enterprise zone; (2) Involvement of publicauthorities or private entities, organizations, neighborhood associ- ations, and community groups, particularly those within the nominated area, including a written commitment to provide employers, employees and residents of -..he nominated area: (a) Jobs and training; (b) Technical assistance; (c) Financial desistance; and (d) Other assistance; 90 - 431 e871102 90- 432 0 (3) Rhp g�.vfnq of mp-ciml contrmct proforr"CP r_n bus in +s•n c-;msd And oppro Ltpd by rarlhArR of any i+inosity; !end (4 ) The gift (or_ nale at below fair market value) of surplus land in the enterprise zone to neighborhood organizations agreeing to operate a business on the land. Section S. The City Clerk is hereby directed to forward a certified copy of this Resolution to the Metropolitan Dade County Commission and to Thoaaas Pelham, Secretary of the Florida Department of Community Affairs. The City Manager is hereby authorized and directed to file an application for Federal Enterprise -Zone designation, as not forth herein. PASSED AND ADOPTED this 17th day of November , 1998. PREPARED �+AND APPROVED BY t J EL E. MAXWELL ASSISTANT CITY ATTORNEY APPROVED AS TO FORK AND CORRECTNESS: JOR E L. FE DEZ CIT ATTORNEY JEK/db/bas/K848 . .jqkd.#i\L Y , 88-1102 431 90- 432 J-99--1 I An RESOLUTION NO. 9 8--1 1 5 4 A RESOLUTION, WITH ATTACHMENT, DESIGNATING A PORTION OF THE WY14WOOO TARGET AREA, FORMERLY KNOWN AS "THE GREAT NEIGHBORHOOD" WITH BOUNDARIES SPECIFIED BY MAP, AS "OLD SAN JUAN"•; DIRECTING CITY DEPARTMENTS AND AGENCIES TO UTILIZE THE DESIGNATION ADMINISTRATIVELY AND EXCLUDING CITY MAPS AND SUBDIVISIONS, AND CONTAINING AN EFFECTIVE DATE. WHEREAS, by Resolution 88-681, July 21, 1988, the City Commission instructed the Administration to conduct a public hearing pertaining to the proposed designation of a portion of the Wynwood Target Area, formerly known as "The Great Neighborhood," as "Old San Juan;" and WHEREAS, a public hearing sponsored by the Planning Department was held at 9:10 PM, Wednesday, November 2, 1988, at the Eugenio Maria de Hostos Center, 2902 NW 2nd Avenue, for the purpose of receiving public input; and WHEREAS, those 38 citizens in attendance at said public hearing were unanimously in favor of this proposal; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission hereby designates that portion of the Wynwood Target Area, formerly known as "The Great Neighborhood` and bounded by NW 36th Street and NW 29th Street, between N. Miami Avenue and I.95 as shown on the — attached map, as 'Old San Juan." Section 2. City Departments and agencies of the City are to utilize this designation for administrative purposes only; this designation does not require the Department of Public Works to alter City maps or subdivisions. Section 3. This resolution is to becosre effective immediately upon its adoption pursuant to law. pTy COM1,11SSION MEETING OF � : ; •, ..:, Rfso:ur� eo. 90-- 432 PASSED AND ADOPTED this 15th ATTEST a y Riral City Clerk PREPARED AND APPROVED BY: - t /c CyJoel L. maxwell Assistant City Attorney day of U?cember , 1998. -2- XavierSuarez, Mayor APPROVED AS TO FORM AND CORRECTNESS: r or a erngn ' City Attorney) 9 0" 90- 432 10 m Ll 111111110 CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORAN®UM To Honorable Mayor and members of the City Commission 14XtZu Miller J. Dawkins rAOM City Commissioner p° DATE. A.u�gxa,sfi+ C: M1L:, 50 SUBJECT Resolution Stat .g that �ii�El�sed $vert�wn- Wynwood Foreign Trade Zone Project. is Consis- RErERc"ccstent with Local Plans and Regulations K"CLOSURCSi On Thursday, August 4, 1988 the International Trade Board reviewed the Overtown-Wynwood Foreign Trade Zone Project being proposed by William Rios, Executive Director of the Wynwood Community Economic Development Corporation. Based on the findings of the City of Miami Planning Department as reported by Mr. John Lefley, it is the recommendation of this board that the City Commission pass a resolution stipulating that the proposed Overtown-Wynwood Foreign Trade Zone Project is consistent with existing City plans and regulations. (Please check the plans to see if this is true). Passage of this resolution will position the Wynwood Community Economic Development Corporation to receive donations of land and property under the provisions of the Community Contribution Tax Incentive Program (Chapter 220.183 F.S.), which is one of the State of Florida business incentives available under the Florida Enterprise Zone Act (Chapter 290 F.S.). MJD/FVB/bm cc: Sergio Rodriguez t/tert Waters William Rios431 p 9�- 432 MIAMI INTERNATIONAL TPADF AOAnD Rr:SOI.IITION NO. 89-_. A RrSUI.JJTION Or' THE CITY 0r MIAMI INTEPNAT'IONAL TRADr BOARD URGING THE MIAMI CITY COMMISSION TO SUPPORT AND ENDORSE THE APPLICATION OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION TO THE FOREIGN TRADE ZONES BOARD OF THE UNITED STATES DEPARTMENT OF COMMERCE TO ESTABLISH A FOREIGN TRADE ZONE IN THE WYNWOOD COMMUNITY OF THE CITY OF MIAMI; FURTHER URGING THE CITY COMMISSION TO ASSIST AND SUPPORT THE WYNVOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION IN ITS APPLICATION TO THE U.S. FOREIGN TRADE ZONES BOARD. WHEREAS, the City of Miami International Trade Board is an Advisory Board to the Miami City Commission. established to enhance Miami's competitive position in international trade through the implementation of innovative approaches to trade and business development; and WHEREAS. by Resolution No. 88-1039. adopted November 3, 1988. the Miami City Commission found that the Wynwood Community Economic Development Corporation plans are consistent with the "ga objectives of the City of Miami in connection with Federal and State Dade County Enterprise Zones, the Wynwood Local Government Neighborhood Imvrovement District, the Garment Center/Fashion District Redevelopment Plan, and the Miami Comprehensive Neighborhood Plan; and WHEREAS, the City of Miami International Trade Board recognizes the benefits to be derived by the City of Miami through the attraction of international business, creation of jobs. and economic development, all of which would be derived from the establishment of a Foreign Trade Zone within the City of Miami, as authorized in the Wynwood Community Economic Development Corporation plans; NOW, THEREFORE, BE IT RESOLVED RY THE MIAMI INTERNATIONAL TRAL' BOARD OF THE CITY OF MIAMI, FLORIDA, Seotion 1. The International Trade Board hereby unanimously urges the Miami City Commission to endorse and 99- 431 90- 43,E aupport, in ovary wmy possible. the appl.i.cmtion of the wynUood Community Fconomic Development Corporation to the Foreign Trftde A Zones Board of thr. United Statcs Department of Commerce, to establish a Foreign Trade 'Lone in the Wynwood Community within the City of Miami, Florida. Section 2. The Miami City Commission is hereby urged to assist and support the yynwood Community Economic Development Corporation in its Foreign Trade Zone application to the U.S. Foreign Trade Zones Board. PASSED AND ADOPTED ON this / ^ , day of ATTEST: PREPARED AND APPROVED BY: Rafael O. Diaz Assistant City Attorney' ROD/fl/P042 W MILK J. DAWKINS, Chairman -z- ia- 431 90- 432 74 A RESOLUTION. VITE ATTA=r-2ii. ACCEP-71rIC. A STATE OF FLORIBA SAFE 2;EIGBZOAF-OOD PROGRAM GRANT IN THE AMOMT-1 OF $30.000 AND A=ORIZING THE CITY M"AGER TO EXZ(.UTE THE ATTACEED AGREEMENT WITH THE FLORZDA =_ DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE PROVISION OF TICENICAL ASSISTANCE TO THE N'YNVOOD SAFE HZIGHBOR80OD IMPROVEMENT _— DISTRICT. AND PROVIDING AN EFFECTIVE DATE. VEEREAS, the City of Miami has applied for a State of Florida grant under the Safe Neighborhood Program to support Planning Department expenses in employing the services of Crime Prevention Through Envirr.nmenta.1 Design (CPT=) Certified Technical experts; and WHEREAS, said State grant, in the amount of $30.000. has been awarded to the City of Miami by the Florida Department of - `-- Community Affairs; and VMEAS. required matching funds for said grant in the &mount of 330.000 is available from Community Development Block Grant funds in the form of in -rind services from existing staff In the City of Miami Planning Department; Now. TH UJ=RE. BE IT RESOLVED BY THE COMMISSION OF TBE CITY OF MIAMI. FLORIDA: Section 1. A State grant in the amount of $30.000 is hereby accepted for technical assistance in connection with the orgaalzatiosal and planning efforts of Vynwood Safe Neighborhood Improvement District. Section 2. The City Manager is hereby authorized to execute the attached agreement, substantially in the form attached, with approval of the Lav Department, vith the Florida Department of Community Affairs to provide technical assistance for the Wynwood Safe Neighborhood improvement District. CITY COI•;ISS:�-, i t ....: ME..C 07 t ?•'•� �^ •�"..-•ter-zr`....`r f Jt1H•L- 1999 i tsnwnon no.A9-S'%"" 4 KS: 90- 32 99-Gtt- l 7-• l 1- 2 3-02-010 N AgrPe>wpnt het -.;pen the Lit,: of Miami. and The Dpnart^ent of Community Affairs Fy Igoe-89 This agreement is being entered into between the Departnent of Community Affairs (Department) and the City of Miami (City) located in Dade County, Florida. This agreement is entered into based on the following facts. WHEREAS, the Department is required by Section 163.519, Florida Statutes, to operate the Safe Neighborhoods Trust Fund: and WHEREAS, the purpose of the Safe Neighborhoods Trust Fund is to provide technical assistance to municipalities or counties that create safe neighborhood improvement districts: and WHEREAS. the City of Miami which created a safe neighborhood Improvement district has.applied for and met the requirements to receive a technical assistance grant from the Safe Neighborhoods Trust Fund: and NOW, THEREFORE. the Department and the City agree as follows. I. The City agrees: (A) To utilize the funds provided herein to employ the services of technical experts in the field of crime prevention through environmental design, environmental security, and defensible Space. In specific, the City agrees that the expert shall complete the following tasks: (1) Task 1. bake and recommendations for organizational structure that ensures coordination between consultants and the various planning staff: make recommendations to planning coordinators from the City's Planning Department. the City's Police Department, the Wynwood Cc unity Economic Development Corporation (WCEDC), and the Wynwood Safe Neighborhood Improvement District (District) regarding the Utilization of Crime Prevention Through Environmental Design (CPTED) techniques and the organizational arrangement and work program for these tour agencies: advise regarding the tors and validity of the methods being proposed for the assemblage: of crime statistics: advise, and report on, the proper format for analysis of land use data, zoning data, traffic data. and crime data as it relates specifically to the District: make recommendations on esethods and scheduling to ensure interaction between community representatives, the District board. the Planning advisory board, the zoning board, and the Miami City Commission: advise regarding the frequency and scope of public meetings and public hearings u4thin the District. (2) Task 2. Develop a working arrangement between Police Department personnel and the various CPTED consultants: review Police Department proposals for the reduction of trine in the District: advise local staffs as to viable analytic tools for the 1 90,- 431 90- 432 �� m..naurom�r.t Of f_.ttar rr-dtzc:ti^rs of c;rinn", Within thn District_: advise. in CrrED terns, how to r!�!1rta analysis of transportation sisters to the nppds of existing Wvnwood emvloyers, and to the goal of attracting new industries. (1) Task ]. Review alternative crime prevention strategies prepared by local staffs: advise as to the nationwide experience in regard to feasibility of alternative security methods applicable to all types of District structures, and propose methods for informing industrial, commercial, office, and residential property owners of these alternative security methods: advise as to the national experience in promoting the Safe Neighborhood Improvement District and its utilization of CMD concepts through the press, television, illustrations, models and renderings. (4) Task 4. Advise as to legal implications of the use of a special taxing district, special assessments, and functions permissible to the WCiDC during the plan implementation phase, and implications of Florida and Federal Enterprise Zones for the promotion of industrial and business actiV ity within the District: review ,estimates of costs applicable to the implementation of the plan. (B) Audit and Records (1) Maintain books, records, and documents in accordance with generally accepted accounting procedures and practices. These books, records, and documents shall sufficiently and properly document all expenditures of funds provided by the Department under this agreement for a preuudit and postaudit thereof. (2) Assure that these records shall be available at a reasonable time for inspection. review, or audit by State personnel and others duly authorized by the Department. "Reasonable" shall be construed according to circumstances but ordinarily shall wean during normal business hours. (3) Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after termination of this agreement. Or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. (C) Task Completion Reports Maintain and file with the Depart^ent at least four task Completion reports. Reports shall be completed as follows: (1) The first report is due July ,10, 1499, and shall include a detailed explanation and documentation of the actions taken to complete the tasks set forth in Section I.(A)(1) of this agreement: 9Q-- 431 90-- 432 j.�� ^4••R (2) The Second repnrt lG dezm S! jp e;^17e must include a dQtallgd P>rDianarian and documentation of the actions taken to complete the tasks set forth in Section I-(A)(2) of this agreement. (3) The third report is due and must include a detailed explanacion and documentation of the actions taken to complete the tasks set forth in Section I.(A)(3) of this agreement. (4) A final report is due on NovPmbEr 6. 1982 and shall include a detailed explanation and documentation of the actions taken to complete the tasks set forth in Sections 1.(A)(4) of this agreement. (5) Documentation for the purposes of this section shall include but not be limited to reports, findings, and drafts, and documentation of expenditures for both match funds and grant funds. 11. The Department agrees: to pay a fixed fee of $30,000 for work performed according to the terms of this agreement. Payment shall be made as follows: (A) A payment of $7,500 will be made to the City upon completion of the tasks set forth in Section I. (A)(1), and receipt and approval by the Department of ( the first task completion report: (8) $3,000 upon completion of the task set forth in Section I.(A)(2), receipt and approval by the Department of the second task completion report and documentation of the provision of adequate matching funds for this payment and the first payment: (C) $3,000 upon completion of the task set forth in Section I.(A)(3), receipt and, approval by the Department of the third task completion report and documentation of the provision of adequate matching funds: and (A) $16.500 upon completion of the tasks set forth in saction I.(A)(4) and receipt and approval by the Department of the final task completion report. the Sate Neighborhood Improvement Plan and the documentation of the provision of matching funds. (E) Hatch documentation shall be in detail sufficient for a proper preaudit and post audit thereof. Total documented expenditures shall equal the amount of the grant payment plus an equal match provided by the city. III. The City and the Department mutually agree: (A) Effective Date (1) This agreement shall begin on the date on which the agreement has been signed by both parties. 90 - 431 90- 432 r (2) This MgrPPrPnt Shill and en necQmbAr 1, 1.9Fg. (E) Termination (1) This agreement may be terminated by either party upon no less than thirty (30) days' notice, with or without cause; notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Any unexpended funds on hand an the date that the notice of termination is issued shall be returned to the Department by the City. (2) Termination Because of Lack of Funds In the event funds to finance this agreement become unavailable, the Department may terminata the agreement upon no less than 24 hours notice in writing to the City. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds. (3) Termination for Breach of Contract Unless the City's breach of this agreement is waived by the Department in writing, the Department may, by written notice of breach to the City, terminate the agreement. Termination shall be upon no lass than 24 hours notice in writing delivered by certified mail. return (f receipt requested, or in person with proof of delivery. waiver of breach of any provision of this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of the agreement. The provision herein does not linit the Department's right to remedies at law or to damages. (4) Termination for Refusal to Allow Access to Records The Department may unilaterally cancal or terminate this agreement for the City's refusal to allow public access to all documents, papers, letters. or other material subject to the provisions of Chapter 119, Florida Statutes. and made or received by the contractor in conjunction with this agreement. (C) Renegotiation or Modification Modifications of provisions of this agreement shall be valid only when they have been reduced to writing and duly signed. The parties agree to renegotiate this agreement if Federal or State revisions of any applicable laws or regulations makes changes in this agreement necessary or desirable. (D) Subcontracts (1) It the City subcontracts any or all of the work required under this agreement, the City agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this agreement. 4 90- 431 90- .432 Hy -5 . ('5) (2) The city AarR"s to includR in the subcontrNct that the subcontractor shall hold the Depar ent and the City harmless against all claims of whatever nature by the subcontractor or a third party arising out of the performance of work under this agreement. (3) Review and approval by the Department shall be required prior to entering into any subcontracts. The city shall forward a copy of the proposed subcontract to the Department for review and approval by the Department. The Depart:me:nt shall notify the City of its determination. Each subcontract shall contain the phrase "Fundinq for this contract is contingent upon approval of this contract by the Florida Department of Community Affairs." (4) Both parties further agree that any State institution or agency may be subcontracted with directly to perform the work tasks authorized by this agreement. (5) The contractor agrees to include in the subcontract that all works and products produced under the subcontract shall be works made for hire as defined in 17 United States Code section 101, and that the subcontractor shall have no interest in such work and products capable of copyright protection. (E) Copyright Provision (t The contractor agrees that all works and products produced under this contract shall be works made for hire as defined in 17 United States Code: section 101. and that the contractor shall have no interest in such vorks and products capable of copyright protection. (F) The Department's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. (G) Notice and Contact (1) The contract manager for this contract is Dale R. Eacker. Bureau of Local Resource Planning, Grants and Publications Section. (2) The R sentati��e of the Recipient responsible for inist ation of this contract is City Mana,P� (3) In the event that different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to the original of this contract. (H) All terms and Conditions Included This written agreement contains all the terms and conditions agreed upon by the parties. 9®- 431 8 9 — 77 90- 432 2n W177M99 3,7fiM70r, the Parties have cRu4Pd thirs 6 (six) page agreement to be expcutmd by thmir undprnigned officials aee duly authirixed. City of Mi Department; of Community Affairs NAME �(, �i' NAME TITLE City Manager TITLE DATE 6 / 28 / 89 DATE APPROVED AS TO FORM AND CORRECTNESS: JOF;E L.1 FE E CITY ATIOR 1 r 21 (H) All. t Prms And Cond.iti.nnn Included This written Agreement contains M11 the tArms and candi.tions agree(# Ripon by rho partioe_ In WITIIESS WHEREOF, the parties have caused this 7 (seven) page agreement to be executed by their undersigned officials as duly authorized. Wynwood Neiq rhoo Improvement istrtll� NAME . TITLE CHAT DATE 6/28/89 APPROVED AS TO FORM AND CORRECTNESS: 10 JORGE L. F AIU CITY ATTOR i 7 Department of Community Affairs NAME/ TITLE DATE ! SAD- 431 94- 4.32 J-89-120 7i12/89 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION, SITTING IN DULY CONVENED = - SESSION AS THE BOARD OF DIREC'T'ORS OF THE WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (WYNWOODSNID), ADOPTING BY-LAWS FOR THE OPERATION OF THE WYNWOODSNID AND APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE WYNWOODSNID ADVISORY COUNCIL. WHEREAS, state law requires that this City Commission, acting as the Board of Directors of the Wynwood Safe Neighborhood Improvement District (WynwoodSNID), now take certain action in that capacity; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, sitting in duly convened session as the Board of Directors of the Wynwood Safe Neighborhood Improvement District: Section 1. The attached By -Laws are hereby adopted for the operation of the Wynwood Safe Neighborhood Improvement District (NynwoodSNID). Section 2. The following individuals are hereby appointed to serve as members of the WynwoodSNID Advisory Council: 1. DOROTHY QUINTANA July 12, 1990 2. (APPOINTMENT PENDING) July 12, 1991 3. PAT GARRETS _ July 12, 1992 4. FRED SANTIAGO July 12, 1992 5. LUIS TURNER, July 12, 1992 CITY COD'miSS!J:: ' 1�t� "�:'•,a•r�� _ EETIIvG Oi JUL 13 1969 — /� 3 1 (� RESOLUTION No +-6,24 3 R(WKKS 90-- 432 suction 2. Thie? Parol++tion wha),I t�+mrrzw'e wilser_tive :rm*ediAt"Iy u9on Itm Adoption. PASSED AND ADOPTED this 13th day of -July-,..1989. i lCAVIER L. SU EZ, MA R ATTES a MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROSERT F. CLARK ASSIST..NT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION CHIEF APPROVED AS TO FORM AND CORRECTNESS: JO GE L. FER ANDEZ CI Y ATTORN RFC:bss:HI127 July 13, 2989 By -LAWS Or WYNNOOD SAPS KRIiMBORBOOD INPROVM03ff DISTRICT The Wynwood Safe Neighborhood Improvement District (•District" or •WynwoodSNID•) was created by City of Miami Ordinance No. 10406, as amended by City of Miami Ordinance No. 10522 ("Ordinance•). The members of the Board of Directors shall be those individuals who serve as Commissioners of the City of Miami, Florida. The Board shall select from among its members a chairperson and a secretary. Pursuant to 5163.406 of the Florida Statutes, f7 -J nc EKJAJ%U Ur Y{•nL wvlawvvu.7ndV . OJIliW ., �••� appoint an Advisory Council (*Council") consisting of five Council Members as permitted by Florida Statutes 5163.506(3), which Council �- shall serve to perform such duties as the Board may from time to time direct including but not limited to meeting and consulting with the Wynwood Community Economic Development Corporation as it carries out the duties and obligations specified in that certain Grant Agreement between the WynwoodSNID and the Florida Department of Community Affair@ ('DCA') dated June 28, 1989 ('Wynwood Planning Grant'), a copy of which is incorporated herein by reference, the said grant application having been jointly filed with the DCA by the City of Miami and WynwoodCEDC. Lach member of the Board shall nominate one member of the Council. The Council nominees shall be selected from a list of names submitted by the WynwoodCEDC board of directors. All Council nominees must at all times fulfill the requirements of Florida Statutes 5163.056 (i)(f) wherein it is provided that each Council member must be a resident of the proposed area and who are subject 90- 431 90- 432 LA r] to ad valorem taxation in the residential neighborhood improvement district or who Are property owners in a commercial neighborhood improvement district. The Council shall perform such duties as way be prescribed by the Board and shall submit within. the time period specified by, the Board, a report on the kynvoodSHID activities and a proposed budget to accomplish its objectives. In formulating a plan for services or improvements the Council shall consult in public sessions with appropriate staff consultants of the Board and the %%ynvoodCEDC in its capacity as co -grantee and the body responsible for the District's Plan. The five Council members appointed by the Board, shall, pursuant to Florida Statutes S163.506(3), be appointed for staggered terms of 3 years with the initial appointments of Council members being be an follows: one, for a 1-yens term; one, for a 2-yens term; three for a 3-year term. Vacancies shall be filled for the unexpired portion of a term in the same manner an the initial appointments were made. Each Council member, shall hold office until his successor is appointed and qualified unless the member ceases to be qualified or is removed from office. Upon appointment and qualification and in January of each year, the members shall organize by electing from their number a chairman and a secretary. Pursuant to Florida Statutes S 163.S06(4) 6A district may be dissolved by the governing body by rescinding the ordinance creating the district. The City Commission shall consider rescinding the ordinance if presented with a petition containing the signatures of 60 percent of the residents of 'Qhe XynwoodSNID. 90- 431 9 0 - 432 With the the special authority granted pursuant to Florida Statutes $163.506(A)(b)(C) and the Ordinance, the wynvoodSNID is specifically authorized to use special sssesseents pursuant to Chapter 170 of the Tlorida Statutes in order to support planning and implemafntatlon of improvements within the area of the wynwoodSNIA. The WynwoodSNID is further authorised to act pursuant to Chapters 73 and 74 of the Tlorid& Statutes. Uialess prohibited by law, the Board of the %%ynvoodSMID shall be empowered tot (1) Enter into contracts and agreements and sue and be sued as a body corporate. (2) Have and use a corporate seal. (3) Acquire, own, convey, or otherwise dispose of, lease as lessor or lessee, construct, maintain, improve enlarge, raze, relocate, operate, and manage property and facilities of whatever type to which it holds title and grant and acquire licenses, easements, and options with respect thereto. (4) Accept grants and donations of any type of property, labor or other thing of value from any public or private source. f (5) Have exclusive control of funds legally available to it, subject to limitations imposed by law or by any agreement validly entered into by it. (6) Cooperate and contract with other governmental agencies or other public bodies. (7) Contract for services of planning consultants, experts on crime prevention through environmental design, environmental security, or defensible space, or other experts in areas pertaining to the operations of the board of directors or the district. (9) Contract with the county or municipal government for planning assistance, and for increased levels of law enforcement protection and security, including additional personnel. 3 �i�pfjr � 90- 431 90- 432 ......... . ._ ...: ... ........ «EfiY&'F�98kir."_ -. 7 -e.gF+.yYkn41s+�3'+SS�m37.Ty%,..vwrra°'9..i8•iN F .....:.._ ( 9 ) Promote and advertise the commercial advantages of the district so as to attract new businesses and encourage the expansion of existing businesses. (10) Promote and advertise the district to the public and engage in cooperative advertising pro-gL with business located in the district. (11) Improve street lighting, parks, streets, drainage, utilities, swales, and open areas, and provide safe access to mass transportation facilities in the district. (12) Undertake innovative approaches to securing neighborhoods from crime, such as crime prevention through environmental design, environmental security, and defensible space. (13) Privatize, close, vacate, plan, or replan streets, roads, sidewalks, and alleys, subject to the applicable City Code provisions and other provisions of law. (14) Prepare, adopt, implement, and modify a safe neighborhood improvement plan for the district. (15) Issue revenue bonds pursuant to chapter 125 or chapter 166. (16) Subject to Section 12, Art, VII of the State Constitution, pledge the revenue under its control to the payment of revenue bonds. (17) Identify areas with blighted influences, including but not limited to, areas where unlawful urban dumping or graffiti are prevalent, and develop programs for eradication thereof. (18) Kake and collect general assessments to finance any of the improvements to the district authorized in this section. (19) Exercise all lawful powers incidental to the effective and expedient exercise of the foregoing powers. 4 r4q—E; ) . 90- 431 90_ 432 The regular annual w.eting of the Board shall be held in the month of January at the Chambers of the City of Kiami City Commission or at such other location as a► majority of the Board may designate. Special meetings of the Board may be called at the request of the Chairperson or three members. The person or parsons authorised to call special meetings of the Board may fix any place or time for - holding any special meetings of the Board called by them. A11 such meetings shall be open to the public. SECTION 9. NOTICE. Notice of any special meeting of the Board shall be given at least two days preceding the special meeting by written notice containing the purpose of said meeting delivered personally or sent by telegram to each Board member containing the purpose of said meeting at his or her address as shown by the records of the Board. If notice is given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph company. Board members may waive notice of any meeting. The attendance of a Board member at any meeting shall constitute a waiver of notice of such meeting, except when a Board member attends a meeting for the express purpose of objection to the transaction of any business because the meeting is not lawfully caused or convened. Neither the business to be transacted at, nor the purpose of, in a regular ( meeting of the Board need be specified in notice of such meeting, unless specifically required by law or by these By-laws. SECTION 10, QUORUM. A ~majority of the Board shall constitute a quorum for the transaction of business at any meeting of the Board where a quorum is present, a majority vote of the Board shall constitute an act of the Hoard; but if less that a majority of the Board members are present at said meeting, the majority of the Board members present at said meeting may adjourn the meeting without further notice. 6r • 90 - 431 - Bfl4_lCS 1�'JD � CE ORDS F y�cTior�, l . ]l#I2�TliW�:��. „�; � 1►iit9 REco�sDs . The Secretary as designated by. the Board shall keep the minutes of the srsotings of the Board in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these by -laves or as required by law; be custodian of the records and of the seal of kynvoodSNID and see that the seal of the MynwoodSNID is affixed to all documents, the execution of which on behalf of the WynwoodSNID under its seal is duly authorised in accordance with the provisions of these by-laws; keep a register of the post office address of each Board member which shall be furnished to the secretary by such Board member; and in general shall perform all the duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the Board or Chairperson. All books and records of the WyrwoodSNID and the Board shall be maintained at the principal office of the Wy►nwoodCEDC and shall at all times be available for inspection by the Board and shall also be available at any reasonable time for inspection by the public. The HynwoodSNID shall prepare and adopt an annual budget for each ensuing year. The budget for the WynwaodSNID shall be prepared pursuant to the provisions of the Florida Statutes Chapter 200. Prior to adoption of the final budget and setting of any millage rate which may be levied by the WynwoodSVID, the Board shall submit a tentative budget and proposed millage rate of the xynwoodSNID to the City Commission of the City of Miami for approval or disapproval by the Commission acting in its capacity as the local governing body of the City of Miami. The City Coasaission of the City of Miami shall have the power to modify the budget or millage as submitted by the Board. Subsequent to approval by the City Commission of the City of Kiami the Board shall adopt its final budget and millage rate in accordance with the requirements of Chapter 200 of the Florida Statutes. S r'�4 —6 ) , 9Q- 431 9Q-- 432 El s��Tz9N a . PISS�tF.AF:. The fiscal year of the WynwoodSNID shall begin on the first day of January and end on the last day of December in each year. The financial boobs and records of the Board shall be audited each year by an independent certified public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the WynwoodSNID. d copy of the external audit shall be filed with the City Clerk or the clerk of the court, whichever is appropriate, within 90 days after the end of each fiscal year. AMM=TIZ SECTION 1. RXcEIPT OF rMs. Subject to agreement by the Board,- all funds of the WynwoodSNID created pursuant Florida Statutes S 163.501/163.523, as amended, funds shall be received, held, and secured in the same manner as other public funds of the City of Kiaml. The funds of the WynwoodSNID shall be maintained under a separate account, shall be used for purposes authorized by the 'Safe neighborhoods Act,- Florida Statutes S 163.501/163.523, as amended, and shall be disbursed only by direction of or with approval of the WynwoodSNID pursuant to requisitions signed by the city manager or other designated chief fiscal officer of the WynwoodSNID and countersigned by at least one other member of the Board. The board of the WynwoodSNID shall designate the Executive Director of the co -applicant WynwoodCEDC as the 'Comptroller' of the WynwoodSNID for the internal supervision and control of the WynwoodSNID accounts as followsa (i) The Comptroller shall provide to the WynwoodSNID board a quarterly itemized schedule of anticipated receipts, disbursements and contingencies; (ii) The expenses of the WynwoodSNID shall be governed and made in compliance with the terms and conditions of the Co - Application of the WynwoodCEDC and the City of kiami as the same rig-W-, 4 90- 431 90- 4304 ELI on has been approved by the Florida DC.A and in compliances With the Safe Neighborhood Act; (iii) The Manager shall be responsible to comply with the terms of the Ftynwood Planning Grant as followss (A) to utilise the funds provided therein to prepare a oaf® neighborhood Jmprovement plan for the WynwoodSNID that saoets the requirwwnts of Section 163.516, ?Icrida Statutes. In specific, iTyineoodSNID agrees to complete the following Masks% (1) Task 1. (a) Appoint a safe neighborhood advisory council (-Council') and identify and select project staff. (b) Establish and adopt bylaws for the operation of the WynwoodSNID as required by Section 163.5151(2), Florida Statutes. (2) Task 2. WynwoodSNID shall conduct data collection and perform analysis of that data to address the following elements which shall boo included in the plan. (a) Demographics including population, age, race, sex, income, employment, education, housing, and poverty. (b) Crime activity I. Type, frequency, severity, and location of criminal activity. 2. Determine from surveys and other research techniques, the level of crime as perceived by neighborhood residents. 3. Compare the types of crime in the District an a per capita, citywide, and countywide basis. (c) Land use, toning, housing and traffic 1. Provide an analysis of crimes related to land use and environmental and physical conditions of the District giving 8 � 90- 431 90- 432 93 particular attention to factors which support or create opportunities for crime, which impede natural surveillance, which encourage free circulation through the WynwoodSNID or which hinder the defense of social territories perceived by residents as under their control. These factors include streets, allays, sidewalks, residential blocks, position of dwellings on a block, single vs. multi- family dwellings, abandoned houses, parking areas and parking lots, informal pathways, functional areas of the environment, traffic flow patterns, and the existence of barriers such as fences, walls, gullies, and thick vegetation. 2. Determine, from surveys and other data collection techniques, the problems of the crime -to -environment relationship and the stability of the neighborhood improvement %FynwoodSNID. 3. Identify areas within the %lynwoodSNID where modification or closing of, or restriction of access to certain streets would assist crime prevention and enhance neighborhood security for property owners and residents. ' ,16, (3) Task 3. Identify goals and objectives. (a) The WynwoodSNID shall assess the crime provention through env€ronmental design strategies and tactics that will be used to achieve the WynwoodSNID's goals and objectives and address the problems identified in Task 2,.including suggested physical improvements necessary for the safety of residents of and visitors to the WynwoodSNID and any increased law enforcement and security plans for the WynwoodSNID. (b) The WynwoodSNID shall also identify promotional advertising programs to be undertaken by the WynwoodSNID or in conjunction with businesses in the WynwoodSN ID . (4) Task 4. Compile cost estimates for the implementation of the plan and identify methodo of financing. (a) Through diagrams and written description, specifically identify any public funded capital ';`4- 6 i . 90- -431 90- 432 projects to be undertaken with the WynwoodSNID. (b) Present adequate safeguards that the improvements will be carried out pursuant to tho plan. (c) Present projected costs of improvements, including the amount to be expended on publicly funded capital Loprovement projects into WynwoodSNZD and any indebtedness of the WynwoodSNID, the county, or the municipality proposed to be incurred if such indebtedness■ is to be repaid with WyTtwoodSWID revenues. (5) Task S. (a) Define the function and responsibilities of program participants in the implementation of the plan. (b) Establish an evaluation system including a schedule for executing the implementation and evaluation guidelines. (c) Provide for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the governing body of the City of Miami deems necessant to effectuate the purposes of the Safe Neighborhoods Act. ( (6) Task 6. Using the information developed in Tasks 2 through 5, prepare and deliver a safe neighborhood plan that meets the requirements of Section 163.516, Florida Statutes. (a) The plan must include documentation of WynwoodSNID plan consistency with the comprehensive plane for the City of Miami and Dade County, in compliance with the Florida Local Government Comprehensive Planning and Land Development Regulation Act, and confirmed by resolution by the City Commission. (b) The plan must also include maps and text indicating land acquisition, demolition, street modifications, redevelopment, and rehabilitation proposed for the irynwoodSNID, and proposed crime reduction techniques and methods for measuring reduction in District crime. (B) Audit and Records (1) Maintain books, record, and documents in accordance 10 90-- 431 90- 432 with generally accepted accounting procedures and practices. These books, records, and documents shall sufficiently and properly document all expenditures of funds provided by the Florida DCA under this agreement for a preaudit and postaudit thereof. (2) Assure that these records shall be available at a reasonable time for'inepection, review, or audit by State personnel and others duly authorised by the Florida DCA. •Reasonable" shall be construed according to circumstances but ordinarily shall mean normal business hours. (3) Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after termination of this agreement. Or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. (C) Task Completion Reports Maintain and file with the Florida DCA at least four task completion reports. Reports shall be completed as follows: (1) The first report is due July- and shall include a detailed explanation and documentation of the actions taken to complete the tasks not forth in Section I.(A)(1) of the Wynwood Planning Grant. (2) The second report is due September 18. 1989, and must include a detailed explanation and documentation of the actions taken to complete the tasks set -forth in Section I.(A)(2) of said Grant. (3) The third report is due October 16. 1989, and must include a detailed explanation and documentation of the actions taken to complete the tasks set forth in Section 1.(A)(3) of said Grant. (4) The final report is due November 6, 1989, and shall include a detailed explanation and documentation of the actions taken to complete the tasks set forth in Section I.(A)(4), (5) and (6) of said Grant. The final report shall also include a safe neighborhood improvement plan that meets the requirements of Section 163.516, Florida Statutes. it 90- 431 90- 432 10 U (5) Documentation for this purposes of this Section shall include but not be limited to reports, findings, and drafts, and documentation of expenditures for both match funds and grant funds. The Hoard may authorise any seaober of the Wy woodSNID Board, in addition to the officers so authorised by these by-laws, to enter into any contract or execute and deliver any instrument in the nape of and on behalf of the MynwoodSNID, and such authority may be general or confined to specific instances. These By-laws may be altered, amended or repealed and new by- laws may be adopted by a four -fifths (4/5's) vote of the Board. 12 - I 90-- 431 ��� 432 6 1"k •+a► ,7-AG-1C81 11: 7/69 VYNVOOD SAFR NEIGHDOAZOOD IMPROVEMENT DISTRICT BOARD OF DIRECTORS RESOLUTION No. 99-1140 A RESOLIITION, WITH ATTACBI{ENTS, CONDITIONALLY AUTHORIZING THE KAYOR OF THE CITY OF MIAMI, FLORIDA. IN HIS CAPACITY AS CHAIRMAN OF THE BOARD OF DIRECTORS OF THH WYN:tOOD SAFE NEIGHBORROOD IMPROVEMENT DISTRICT ('WXNWOOD SNID'). TO MECUTE AN AGREEMENT. IN SUBSTANTIALLY TES ATTACHED FORM, WITH WYNXOOD COMMJNITY K*NOXIC DEVELOPMENT CORPORATION ('WCEDC'). FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PREPARATION OF A SAFE NEIGHBORHOOD IMPROVEMEITT PLAN FOR THE WYNXOOD SNID, FOR A PERIOD OF ONE YEAR, FOR A TOTAL PRE OF 8260,000 WITH FUNDS TE MFORE FROM A STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM GRANT; AND CONDITIONALLY AUTHORIZING THE PAYMENT OF $82.500 OF SAID FUNDS TO WCEDC FOR TASK 1. 01i 6 WHEREAS. the City of Miami and the Wynwood Community Economic Development Corporation have acted as co -applicants and co -grantees on the application and award of the Safe Neighborhood Improvement Grant from the Florida Department of Community Affairs ('Florida DCA'); and WHEREAS. the City of Miami has authorized the formation of the Wynvood Safe Neighborhood Improvement Diatriot ("Wynvood SNID') pursuant to Sections 1e3.a03-1e3.523. Florida Statutes (1988 Supp.) and City Ordinances No. 10405. No. 10406 and No. 10522; and WHEREAS. the Wynvood SKID and the award of the Safe Neighborhood Improvement Grant from Florida DCA have at all times contemplated that the Wynvood Community Eeonomio Development Corporation would provide necessary matching in -kind services for the award and assume responsibility to perform terms and conditions of Agreement No. 89-SN-17-11-23-20-011 between Wynvood SKID and the Florida DCA dated June 22, 1989 (the 'SKID Agr-anent'). and the intent',% of the parties are recorded in City of Miami Resolutions 80. 88-1102, No. 88-1039. No. 89-877 and No. 89-577.1. and Dade County Resolution No. R-37e-89; and r 90- CITY COMMISSION MEETING OF 431 DEC 7 1969 89-.:140 4 2RESOLUTION Na 1*7FA7AS, the w-ynwrtoA SNTD Rbnll mt nil tires remain primnrlly reSpozls.iblA and AbAll nt al], t�mea br tbP Antit7 preparing and eating as the sole author of the SKID plan: and VREREAS, flask 1 of the SKID Agreement has been completed by the W nvood Community Economic Development Corporation and funds for completion of Task 1 of the SNID Agreement shall be paid to the Nynvood Community Economic Development Corporation up^n execution of this Agreement; and TEEMS. the •ynvood SKID Board is desirous of securing professional services for the performance by the Yynvood Safe Neighborhood Improvement Distract of obligations herein nontained in the SKZD Agreement; and TR2MS. the SKID Agreement requires approval by Florida DCA as a precondition to execution of all subcontracts; NOV. TEEREFORE, BE IT RESOLVED BY TEE BOARD OF DIRECTORS OF THE TMOOD SAFE NEICIMORROOD IMPROVEHENT DISTRICT: Section 1. The reoitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as it fully set forth in this Section. Section 2. Upon its written approval by the Florida Department of Comw=ity Affairs (*Florida DCA'). the Mayor of the City of Miami. rlcrida. as Chairman of the Board of Directors of the tynvood Safe Neighborhood Improvement District ('Vynvood SKID'). is hereby authorized to execute an agreement; in substantially the attached form. with Nynvood Community Economic Development Corporation ('fCEDC•) for professional services in Connection with the preparation of a Safe Neighborhood Improvement Plan for the rynvood SyID. for a period of one (1) year beginning July 1. 1989, and ending June 30. 1990, for a total fee of 2250.000, with funds therefore from a State of Florida Safe neighborhood Program Grant aooepted by City COMM108i0n Resolution 20. 59-577.1. Section 3. Upon vritten approval of the subject Agreement ®► by Florida DCA, and execution by all parties, the City Manager. 90- 431 -2- 9 ®_ 432 89--1140 1.2 L] in hig cftPkolty of chlof f.iscrsl officQr of the V ncaood. SNID, to hereby a!athorized to metke pokyment of lF.52, 500 from the abo%,P RMLid grant to the VCEDC for service provided wnd hereby acknovledged in completing Task 1 of the SKID Agreement with the Florida Department of Community Affairs. Said fumda shall be compensation for completion of Task I. Section t. Performance of. and funding for the subject attached Agreement shall be eontiagent upon approval of said Agreement by the Florida Department of Community Affairs. Section S. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of December 1989. ATTE MATTY HIRAI. City Clerk in her capacity as Secretary of the vynvood Safe Neighborhood Improvement District Board of Directors PREPARED AND APPROVED BY: ( 4OEL E. XAXi1E141 � 3EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JEM/db/a CITY OF MIAMI CCHNISSION in its capacity as the Wynvocd Safe Neighborhood Improvement District Board of Directors 3 pl� IER L.-- - Z. 2say is his oapaoity as Cbairmaa of the vynvood Safe Neighborhood Improvement Distriot Board of Directors 90. 431 -�- 90- 432 89-IM This Agreement +entered into this day of , 1989, by and between the City of Miami, a municipal corporation of the State of Florida, in its capacity as Wynwocd Safe Neighborhood Improvement District (the "Wynwood SKID or the Wynwood Board•) ► and Wynwood Communl.ty Economic Development Corporation, a Not For Profit Florida corporation (-the CONSULTANT-) a 2 C I T A T. St WHEREAS, the Nyrnrood SAID and the CONSULTANT have acted as co - applicants and co -grantees on the application and award of the Safe Neighborhood Improvement Grant from the State of Florida Department of Community Affairs (the -Florida OCA-); and WHEREAS, the City of Miami has authorized the formation of the Wynwood SNID pursuant to Florida Statutes Sections 163.501- 163.523 (1968 Supp.) and City Ordinance No. 10405, No. 10406 and No. 10522; and WHEREAS, the Wynwood SNID in connection with the award of the Safe Neighborhood Zmprcvment Grant from Florida DCA has at all times contemplated that the CONSULTANT would provide necessary matching in -kind services for the award and the intentions of the parties are recorded in City of Miami Resolutions No. 88-1102, No. 86-1039, and No. 89-577 and No. 89-577.1, and Dade County Commission Resolution No. R-376-89; and WHEREAS, the Wynwood SNID shall at all times be the entity preparing and acting as the sole author of the Wynwood SNID plan; and WHEREAS, task one of the SKID Agreement has been completed by the CONSULTANT and funds for completion of task one of the SNID Agreement shall be paid to the CONSULTANT upon execution of this Agreement; and WHEREAS, the Wynwood SNID Board is desirous of securing the unique professional services of the CONSULTANT for the performance by the Wynwood SNID of the terms and conditions of the SNID Agreement; and 9 `_.. IDENIlf .9 0 — 432 g(i- 1(o7 89-1140 WMMEAs, tho CONSULTANT hol.dm the, Acmdm--mi.c, and profoapiamIkI qualifi.cationx and Pxp"rienca re±quirod to perform theA4 se vicaly+ and is able to perform theme services within the time +allo"d by the SNID Agreement; and WHEREAS, the CONSULTANT is capable and desirous of performing such services and other allied tasks an might be desired by the Wymmod SNID Board; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated= the parties hereto understand and agree as follows: WMICLE I. RECITALS The recitals and findings contained in the preamble to this Agreement are hereby adopted by reference hereto ana incorporated herein as if fully sat forth in this section. ARTICLE II. TEAK The term of this Agreement shall be from July 1, 1969 through June 30, 1990. ARTICLE III. SCOPE OF SERVICE The CONSULTANT shall, under the supervision of the Kiami City Manager acting in his rapacity as the Chief Fiscal Officer of the Wynwood SNID, provide consulting services related to the performance of the SNID Agreement as follow: A. The CONSULTANT shall undertake and be responsible for the accomplishment of the following activitiess (1) Task 1. (a) Recoaend for appointment by the Wynwood SNID Board a safe neighborhood advisory board and identify and rec-and project staff. (b) Draft and recomend for adoption bylaws for the operation of the District as required by Sectiin 163.5151 (2), Florida Statutes. (2) Task 2. Conduct data collection and perform analysis of that data to address the following 2 9 0 - 431 89-1.140 90-- 432 "44mmdontot which !shrl.a. h+a ineil.Ix wd by "'c' lT�++*o�d fiNID IML in the pl An . _- (a) Demographics including population, age, race, sex, income, employment, education, housing, and poverty. (b) Crime activity 1. type, frequency, severity, and location of criminal activity. /2. Determine frog eur'veya and other research techniques, the level of crime as perceived by neighborhood residents. 3. Compare the types of crime in the District on a per capita, citywide, and countywide basis. (c) Land use, zoning, housing, and traffic. 1. Provide an analysis of crimes related to land use and enviromaental and physical conditions of the District giving particular attention to factors which nor - support or create opportunities for crime, _ which impede natural surveillance, which t encourage free circulation through the District, or which hinder the defense of social territories perceived by residents as under their control. These f actgrn include streets, alleys, sidewalks, ME residential blocks, position of dwellings on a block, single vs. multi -family = dwellings, abandoned houses, parking areas = and parking lots, informal pathways, functional areas of • them .environment, ._affic flow patterns, an" the existence of barriers such as fences, walls, gullies, and thick vegetation. - 2. Determine, from surveys and other data �_ 3 9pp- 431 �J.-1140 g0- 432 Jae __ collection th® prohlw of than ezima-•tO-Ar ri.rc±"Prt. ralntionphip A.rd t:ho stability of the neighborhood improvemntt District. 3. Identify areas within the District where ` modification or closing of, or restriction of access to certain streets would assist crime pz ew ntion and enhance neighborhood security for property owners and residents. - (3) Task 3. Identify goals and objectives. (a) Assess the crime prevention through environmental design strategies and tactics =- that will be used to achieve the District's goals and objectives and address the problems identified in task 2, including suggested physical improvements necessary for the safety of residents in or visitors to the District and 40 ' any increased law enforcement and security plans for the District. (b) Identify promotional advertising programs to be undertaken by the District or in conjunction with businesses in the District. (4) Task 4. compile cost estimates for the implementation of the plan and identify methods of financing. _ (a) Through diagrams and written description, specifically identify any public funded capital projects to be undertaken within the District. (b) Present adequate safeguards that the improvements will be carried out pursuant to = the plan. (c) Present projected costs of improvements, 30- 431 89-1140 90- 432 lr, inc.l.udina the Amount to tie e�rnded on publicly Funded ca.pi.tal impro—ment projects in the District, and any indebted.ners of the District, the county or the munlcipality proposed to b4 used by the District. (5) Task S. (a) Define the function and resr-in,ibilities of program participants in the implementation of the plan. (b) Establish an evaluation system including a - schedule for executing the implementation and evaluation guidelines. (c) Provide recommendations for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private uas for such periods of time and under such conditions as the governing body of the City of Miami deems 40 necessary to effectuate the purposes of the Safe Neighborhoods Act. B. The CITY and the Wynvocd SKID agree to supply, as might be readily available or necessary for performance of the SKID Agreement the following informations I. Background information on the area designated for the Wynwood Safe Neighborhood Improvement - District including available reports, and photographs. 2. The City of Miami's in -kind matching contribution as provided in the original SNID Application. 3. Copies of all reports and documents including but = not limited tc% time reports, and other City of Miami - generated or received and maintained reports relating to the Wynwood Safe Neighborhood Improvement District. 5 9 0 - 01 99-1140 90- 432 C, Thft C017STMTANT MhJ0,1 pr_cjv,"P i.tR n1rn ntfIrA toms -nr.k ^*, space and may r*gtAin its awn legal couns4l whon noc+ "nary. A. Using the information developed by the CONSULTANT the Wynwood SKID will prepare and deliver a safe neighborhood plan that meets the requirements of Section 163.516, Florida Statutes. 1. The plan must include documentation of District plan consistent with the comprehensive plans for the City of Miami and Dade County, in compliance with the Florida Local Government Comprehensive Planning and — Land Development Regulation Act, and confirmed by resolution by the City Commission. = 2. The plan must also include maps and text indicating low— land acquisition, demolition, street modifications, redevelopment, and rehabilitation proposed for the District, and proposed crime reduction techniques and methods for measuring reduction in District crime. B. Audit and Regords - The Wynwood SKID shall also be - responsible for the following in connection with the preparation of the safe neighborhood plan: 1. Kaintain books, records, and documents in accordance with generally accepted accounting procedures and - practices. These books, records, and documents` shall sufficiently and properly document all expenditures of funds provided by th" Department under the DCA Wynvood SKID Agreement for a preaudit and postaudit thereof. c 2. Assure that these records shall be available at a reasonable time for inspection, review, or audit by State personnel and others duly authorised by the Department. 'Reasonable, shall be construed according to circumstances but ordinarily shall mean during normal business hours. J. Retain all financial records, supporting documents, 6 90- 431 9 0 432 8�►-ds�.4o sta�r,i Atical roAorzie, »nd Any other pertin"nt to thi.a coritrnct for ^ P"rind Of thrma years after termination of the Plorida DCA, Wyn-ood, a SAID Agreement. Or, if an audit has been initiated and audit findings have not been resolved at the and of three years, the records shall be retained until resolution of the audit findings. =Z= V COMFpH� A. The Wynwood SWID shall pay CONSULTANT, as maximum compensation for the services required, pursuant to Article III hereof, TWO HUNDRED AND yjM THOUSAND DOLLARS ($750,000.00) as provided in Exhibit A - WSNID Agreement. B. Such compensation shall be deposited in the City of — Miami's separate WSHID account as provided in the SKID Agreement and shall thereafter be paid by the Wynwood SKID • tr, t oao CONSULTANT upon receipt and approval by the Florida DCA and the Wynwood SNID =_ Board of each required Task Completion Report required by the SlIID Agreement. The review and approval by the Wynwood SKID Board shall be conducted by the City Manager acting in his capacity as the Chief Fiscal Officer of the Wynwood SN ID. C. The Wynwood SNID's performance and obligation to pay under this Agreement is contingent upon wynwood SNID's receipt of funds from Florida WA pursuant to the SKID Agreement, AgTIELLO V1 COWLIMCE WITH FEDERAL STATE AND LOCA1,1W_% Both parties shall comply with all applicable law, ordinances and codes of federal, state and local governments. ARTICLE VII. 9=RAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered snail addressed to the other party at the address indicated herein or as the same may !u changed from timo to time. Such notice shall be deemed given an the day on which personally servedi or, if by mail, on the fifth day after being posted or the date of actual receipt, -_ _ whichever is earlier. 9a- 43 =_ go -- A9-114( CZ.� Q�,. �IA,,�S�.L.ta_�.srood, SKID �:Q�SC�•T.1�IrT.. � _ City of. Ml&mi Planning oopartr•�pnt Wyn%rood COrlmlanity FcOnnm.tc 275 N.W. Znd StxPpt Dg%v®lopmnnt corporation --- _ Third Floor 225 N.R. 34th Stre+Rt Kiami, Florida 33128 Hjamj , F1, 33137 (305) 579-6086 (305) 576-044C with copy to: Miami City Manager/Wynwood SKID Chief Fiscal officer 3500 Pan American Drive Miami, Florida 33133 - B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of -' competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to mj conform with such laws, or if not modifiable to conform with such law, then same shall be deemed severable, and in either event, the ramaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. ARTICLE MITI, CO?gLIAHC_E_WITH =RIDA DCA CONTRACT =- WITH f17NW009 SNID, CITY OF MIAMI A. All parties to this Agreement agree to be bound by the terms and conditions of the V"wood SKID Agreement dated June 29, 1989 agreement No. 69-SN-17-11-23-20-011, the terms of which are hereby incorporated by reference. B. The COHSOLTAHT shall hold the Florida DCA and the kynwood SKID ha=lass against all claims of whatever nature by the CONSULTANT or a third party arising out of the performance of work under this Agreement. C. Funding for this contract is contingent approval :1 this contract by the Florida Department of Community Affairs. go- 431 99--1140 90- 432 D. All pnrti-n fu.rthAr Aq�cs"t+ Chnt Any Florida State- innti.tution or. Agency mAy bs nubcontrmctad with directly to pertorat the work tasks authorized by this Agreement. E. The CONSULTANT agrees that all works and products produced under this Agreement shall be works made for hire as =_ defined in 17 United States Code section 101, and that the Consultant shall have no interest in such work and products capable of copyright protection. - ARTICLE_ 13, MMRSHIP _ OF DOCUIZ= — All documents developed by CONSULTANT under this Agreement shall be delivered to the Wynwood SNID by said CONSULTANT upon completion of the services required pursuant to Article III hereof and shall become the property of the Wyynvood SNID, without = restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual = — relationship between the wynwood SNID and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119,- a _ Plorida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by the Wynwood SNID to CONSULTANT pursuant to this Agreement shall at times remain the property of the Nynwood SNID and shall not be used by CONSULTANT for any other purpose whatsoever without the written consent of the Rynwood SNID. ARTICLE X. SUB -CONTRACTING BY CONSULTANT That the obligations undertaken by CONSULTANT pursuant to this' Agreement may be sub -contracted to other persons or firms as may be necessary for the performance of the to of the SNID Agreement. — The CONSULTANT agrees that there shall be copies of all subcontracts in connection with this Agreement which shall be provided to the Wynwood SNID and that all much subcontractors shall be governed by the terms and intent of this Agreement and the SNID Agreement. Any liability which may be associated in any go. 431 *?"10 90-- 432 r+annor_ t•ith tho "lilyrnntrnctina by thom C0pSTTLTAWr of its =- p"r..f.o"-nncP .rOPpOneibilitipr hpre.i.n +Rhnll At All. timma ra!"^kn the sole and exclusive liability rnd zeaponsibility of th" CONSULTANT. Nothing stated herein will create an obligation on the part of the City of Miami or the Wynwcod SKID to compensate the subcontractor. The City of Miami and the Wynwood SKID reserve the right to audit the records of CONSULTANT at any time during the perfoxwwce of this Agreement and the SKID Agreement for a period of three; �— years after final payment is made under this Agreement. ARTICLE aZI. �,W O„g,aGAEEML2�T The CONSULTANT warrants that it has not employed or retained any person employed by the City of Miami. to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the City of Miami any fee, co=ission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. ARTICLE RIZI. CgN5TRUCT1ON OF AOREZ=HT This Agreement shall be construed and enforced according to the laws of the State of rlorida. &ETZ " RIM. SUCCESSORS AHD ASSIGNS This Agreement shall be binding upon the parties herein their heirs, executors, legal representatives, successors, and assigns. 7[M. I4tDEK2iIPICA'1'i0N The CONSULTANT shall indemnify and save the CITY and the Wpawood SKID harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's activities under this Agreement, including all other acts or omissions to act of the CONSULTANT, including any - person acting for or on its behalf, and from and against any orders, Judgments or decrees which may be entered, and from and - against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation = thereof. M . CONFLICT CIP INTEREST 10 9 �- 4 3 1R9--114o 9�-- 432 s s s r-- Thy+ CONSULTANT r_r1rVMnnnt% that no parmOn and®r it* AMP10y Vh" prp%cantly oxorcipen Pry functions or ran". nwibilitl.m" ►n cnnnection with thin Agrec+mont or, hw_es +any parmorml financial intaraRt. direct or indirect, in the, work product of. this Agreement. The CONSULTANT forth2r covenants that, in the performance of this Agreement, no person having such conflicting interest shall bei employed. Any such interests on the part of the CONSULTANT or its employees must be disclosed in writing to the Wynwood SNID. The CONSULTANT, in the performance of this Agreement, shall be subject to the most restrictive law and/or guidelines regarding conflict of interest of those promulgated by federal, state or local government. The CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. IiVMI. INDEPENDZNT CONTRACTOR The CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of City of Miami or the Wynwood SNID, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of City of Miami, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers, Compensation benefits as employees of the City of Miami or the Wynwood SNID. ARTICLE MTI. TERMINATION_OP CONTRACT The Wynwood SNID retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Article II hereof without penalty to the Wynwood SNID. In that event, notice of termination of this Agreement shall be .a writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will the Wynwcod SNID pay CONSULTANT an amount in excess of the total sum provided by this Agrear:ent . 04 11 94— 431 Ss-1140 90— 432 a� It i.4 harAby undorntood by and b"t-wpgn thoi Wyn-n-od SNIP? And _ CONSULTANT that any payment made In accordance with thine Section to CONSULTANT shall be wade only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then the Wynwood SNID shall in no day be obligated and shall not pay to CONSULTANT any sun whatsoever. A IQU XI MCBMINUZ N The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, aqe or handicap in connection with its performance under this Agreement. — Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin,'age or handicap, be excluded from the participation in, be denied benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. ARTICLE XX. HINORITY, PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10538, the Minority Procurement Ordinance of the City of Mlami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. ARTICLE XXI. CONTINGENCY, dunding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations as the same may be from time to time promulgated, amended, ter=inated, interpreted or revised by the State of Florida DCA. ARTICLE XXII. DEFAULT PROVISION - In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the Wynwood SKID, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, lZ =- 9 -* 431 R9-1140 90- 432 j ear other, comp-nortion pmid to r-014SttLTAtt'T° by tho xyr +cac! SNIT) while CONSULTANT ee^x in dAfault of thus. pr_ovivRionF horain contr-ined, Rhwll he forthwith returned to the wynwood SKID. ARTICLE XXZZZ ElYTIRE AGREE*DrNT This instrument and its attachments constitute the sole and only Agreement of the pasties hereto relating to said Safe Neighborhood rmprovement Grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly not forth in thin Agreement are of no force or effect. A=Tr-j:�.��ry, BONDING The CONSULTANT shall provide the City of Miami and the Wynvood SKID with a fidelity bond to indemnify and hold harmless the City of Xiami in the amount of ONE HUNDRED THOUSAND DOLIA,RS ($100,000.00) acceptable to the City of Miami Self Insurance Committee. ARTICLE XXV, AMENDMENTS No amendments to this Agreement shall be binding on either 4, party unless in writing and signed by both parties. ar 13 90- 431 90- 432 199--1140 I 0 e-- IN WITNESS WHEREOF, the part ion homota h&-a ctkumesd this instrument to be executed by this respoctive officials thsrsunto drily authorized, this the day and year first above written. — CITY OF XIA1SI COXX,ISSION, a Kunicipal Corporation of this State of Florida in its capacity as Wytnsood SNID Board -- ATTESTt 8pt = MATTI RIRAI, City Clark XAVIER L. SUAREZ, Mayor in her capacity as Secretary in his capacity as Chnisman of the Wynwood SNID Board of the Board of the Wyrtsood SNID Board CORPORATE SEAL - CONSULTANT: Wynvood Co=snnity —_ Economic Development Corporation ATTEST: t CORPORATE SECRETARY EriILIO LOPEZ, President —_ CORPORATE SEAL APPRMI) AS TO INSURMCE APPROVER AS TO FORK AND REQUIPLNENTSt CORRECTNESSe 5EGUNDO. R. PIREZ, JORGE L. YERNANDEZ, City Attorney Insurance Coordinator �`I,tt✓ 9®- 431 14 90- 432 ` �l24/08 1,04051 AN EMERGENCY ORDINANCE AUTHORIZING THE CREATION OF ONE OR MORE SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS NITHIN THE CITY OF MIAMI, FLORIDA, BY THREE OPTIONAL METHODS; A LOCAL GOVP.RNMEVT NEIGHBORHOOD IMPROVEMENT DISTRICT PER SECTION 183.506 F.S.; A PROPERTY OYNERS ASSOCIATION NEIGHBORHOOD IMPROVEMENT DISTRICT PER SECTION 183.aOB r.S.; A SPECIAL NEIGHBORHOOD IMPROVEMENT DISTRICT PER SECTION 163.511 F.S.; ALL Ili ACCORDANCE MITH THE 'SAFE NEIGHBORHOOD ACT'. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: Section i. The creation of one or more Safe Neighborhood Improvement Distriots vithin the City of Miami, Florida. by three optional methods: a Local Government Neighborhood Improvement District per Section 163.506 F.S.; a Property Owners Association Neighborhood Improvement District per Section 183.508 F.S.; a Special Neighborhood Improvement District per Section 163.511 F.S; all in accordance vith the provisions of State of Florida 4ft 1887 General Law, Chapter 87-243. Sections 55-73. and Sections I 163.501 through 163.322 F.S.. referred to as the 'Safe Neighborhood Aot', is hereby authorized. Section 2. This Ordinance Is hereby declared to be an emergency measure on the grounds'of urgent public need for the preservation of peace. health. safety. and property of the City of Miami. Section 3. The requirement of reading this Ordinanoe on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. AM r 431 104Q� 90- 432 PASSED AND ADOPTEL Thin 24th dny 0! IP8A. TT£ 644 TY H I CITY CLERK A PREPARED AND APPROVED BY: 4e.."v, Le.d� ROBERT F. MARK CHIEF DEPUTY CITY ATTORNEY APP V A6 TO FORM AND CORRECTNESS: IA A. DO GHERTY CITY ATTORNEY RFC/ JX /bss /N2gg ii XAVZ£R 7.. sbilfEZ, MAYOR^ 0" 431 _2_ 90- 432 10405 R J-88-275 AN EMERGENCY ORDINANCE AUTHORIZING THE CREATION OF THE VYNVOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT; IN ACCORDANCE WITS SECTION 163.508 F.S.; AN AREA OF APPROXIMATELY 368 ACRES IN SIZE LOCATED YITHIA THE CITY OF MIAMI; BOUNDED BY KV 36TH STREET, IV 21ST TERRACE AND XV 22ND STREET. MIAMI AVENUE. AND NV 6TH AVENGE; AUTHORIZING THIS DISTRICT TO RECEIVE A PLANNING GRANT FROM THE SAF3 NEIGHBORHOODS TRUST FUND; INCLUDING A STATEMENT OF PURPOSE TO UTILIZE SPECIAL ASSESSMENTS ON REAL PROPERTY WITHIN THE DISTRICT; DESIGNATING THE MIAMI CITY COMMISSION AS TER BOARD OF DIRECTORS OF TEE DISTRICT; PROVIDING FOR THE ESTABLISHMENT OF AN ADVISORY COUNCIL TO TEE BOARD OF -DIRECTORS COMPOSED OF PROPERTY OWNERS OR RESIDENTS OF THE DISTRICT; PROVIDING FOR TEE OPTIONAL PROHIBITION OF THE USE OF ANY DISTRICT POWER AUTHORIZED BY SECTION 163.014 F.S.; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY TEE CITY COMMISSION BY RESCINDING THE HEREIN ORDINANCE; ALL IN ACCORDANCE WITH THE 'SAFE NEIGHBORHOOD ACT.' BE IT ORDAINED ZY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: Section 1. A Local Government Neighborhood Improvement A& District, to be knovu as the Wynvood Local Government Neighborhood Improvement District, located within the City of Miami, bounded by N.W. 36th Street. N.E. 21st Terrace and N.W. 22nd Street, North Miami Avenue, and N.W. 6th Avenue, containing approximately 368 acres, is hereby created. Section 2. The District is hereby authorized to receive a planning grant from the Safe Neighborhoods Trust Fund. Section 3. A Safe Neighborhoods Plan shall be prepared for the District for the coordinated, balanced, and harmonious development of the District, and for the reduction of crime through environmental design. through the use of special assessments on real property within the District. Section 4 The City Commission is hereby designated as the board of directors of the District. AW 90-- 431 1040E 90- 432 Section 5. Afi ekdvinory connci) to tbp botir& of directors, comprised of property ovners or residents of the District, as appointed by the City Commission, is hereby established. Section 6. The City Commission, by ordinance, may prohibit the use of any District powers although said powers may be authorized by Seotion 163.814 Y.S. Section 7. The City Commission may dissolve the District by rescinding the herein Ordinanoe. Section 0. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health. safety, and property of the City of Miami. Section 9. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 10. The District oreated herein shall serve as a pilot project for the City in order to evaluate the feasibility of similar undertakings throughout the C1t7. PASSED AND ADOPTED this 24th day of Marst 1988. XAVIER L. SIIA Z, MAYOR A &rll NATTY HIRAI CITY CLM PREPARED AND APPROVED BY: ROBERT F. CLAM CHIEF DEPUTY CITY ATTORNEY APPROY9 AS TO FORM AND CORRECTNESS: LVC1K"-AO DOUGHERTY CITY ATTORNEY W J-88-1120 11/14/88 ORDINANCE NO. 10522 AN EMERGENCY ORDINANCE, AMENDING ORDINANCE NO, 10406, ADOPTED MARCH 24, 1988, AN ORDINANCE CREATING THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT, BY CHANGING THE NORTHERN BOUNDARY OF THE DISTRICT FROM N.N. 36 STREET TO U.S. INTERSTATE 195; AND BY PROVIDING AUTHORIZATION FOR THE WYNWOOD LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO TWO HILLS ANNUALLY, IF APPROVED BY AN EXTRAORDINARY VOTE OF THE CITY COMMISSION, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS OF THE DISTRICT; FURTHER BY AUTHORIZING DISTRICT USE OF SPECIAL ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 10406, adopted March 24, 1988, which created the Wynwood Local Government Neighborhood Improvement District, is hereby amended in the following particulars:I "Section 1. A Local Government Neighborhood Improvement District, to be known as the Wynwood Local Government Neighborhood Improvement District, located within the City of Miami, bounded by U.S. Interstate 195, N.E. 21st Terrace and N.W. 22nd Street, North Miami Avenue, and N.W. 6th Avenue, containing approximately 368 acres, is hereby created. Section 2. The District is hereby authorized to receive a planning grant from the Safe Neighborhoods Trust Fund. Section 3. A Safe Neighborhoods Plan shall be prepared for the District for the coordinated, balanced, and harmonious development of the District, and for the reduction of crime through environmental design. throursh-krhe--nee—eF a;eeiel easee se s 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 94- 431 90- 43 1®522 Section 4. The district is hereby authorized to levy an ad valorem tax on real and personalroRerty of _p to two mills annually, if approved bZ extraordinary vote of the City Commission acting in their capacity as the Board of Directors of the istrict. Section 5. The District is herebx authorized to use s eciaal assessments pursuant to Chapter 170, orida Statutes, to su22ort 21anning and Implementation of District im2rovements. or the ur ose of making such assessments t e terms "munici alit and "governing board o t e municipality" used in Chavter 170 shall mean Tie District and Board, respective_1z Section 4, 6. The City Commission is hereby designated as the board of directors of the District. Section 1.- 7. An advisory council to the board of directors, comprised of property owners or residents of the District, as appointed by the City Commission, is hereby established. Section 4- 8. The City Commission, by ordinance, may prohibit the use of any District powers although said powers may be authorized by Section 163.514 F.S. Section � 9. The City rommi33ion may dissolve the District by rescinding the herein Ordinance. Section 4, 10. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. Section +9 11. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 44, 12. The District created herein shall Serve as a pilot project for the City in order to evaluate the feasibility of similar undertakings throughout the City." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 4. This ordinance is hereby declared to be an smerger.cy measure on tht grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. 90- 431 - 2 _ 90- 432 i0522 Section 5. The requirement of rpad5.nq th1.q ordina.nre on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 6. This ordinance shall become effective immediately upon its adoption pursuant to law: PASSED AND ADOPTED this 17th day of tlovenbez , 1988. ATTEST: MA PREPARED AND APPROVED BY: OA BERTF F. C ARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND C OR ECTNES 1 JO GE E �NANDEZ CI Y ATTOBY Y ��- 431 - 3 - 90- 432 10522 '. STATE OF FLORIDA ) COUNTY Of DADE CITY OF NIANI ) I, BATTY HIRAI, City Clark of the City of Miami, Florida, and keeper of the records thereof, do hereby certify ' that the attached and foregoing pages numbered 1 through 3, inclusive, contain a true and correct copy of a ordinance adopted by the Commission of said City at a meeting held on the 17th day = of November, 1988. a SAID_ORDINANCE WAS DESIGNATED ORDIN_ANCE_NO._10522. IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami, Florida this 21st day of November, 1988. Matty Hirai City Clark Miami, Florida a (Official seal) By - � De ty City Clerk — -- 90- 431 i 90- 432 rrr t-xe-14A ORnI10.0CF Wl, 06 AN E"M ENCY ORDINANCE CSTAHLISHI14G A MEW SPECIAL REVENUE FUND ENTITLED: OWYNWOOD SAFE REIGHBO H000 IWWVEWNT DISTRICT SPECIAL REVENUE FUND FY 89-90`; APPROPRIATING FUNDS THEREFOR IN THE AN"T OF S280,000 TO BE RECEIVED FROM THE, FLDRIQA DEPARTMENT OF Cr WNITY AFFAIRS; CONTAINING A REPEALER PROVISION AND SEVEPMILITY CLAUSE. U i' 5 1 WHEU-&S, .by Sections 164-SO1-163.S22, 'Florida Statutes, the State Legislature created the Safe Neighborhood Act, with responsibility for its operation being placed upon the Florida Department of C mmunity Affairs; and WHEREAS, in accordance with the provisions of the Safe Neighborhood Act, the Miami City Commission created the Wynwood Safe Neighborhood Improvement District (WynwoodSNIO) by the adoption of Ordinance No. 10406 on Karch 24, 1988, as amended by Ordinance No. 10522, adopted on November 17, 1988; and WHEREAS, the City of Miami and the Wynwood Cosaunity Economic Development Corporation, as cc -applicants, applied for Technical Assistance funds in the amount of $30,000, and Planning funds in the amount of $250,000, from the Florida Department of Coamnity Affairs to provide assistance in the preparation of a Safe Neighborhood Plan for the WynwoodSNID; and WHEREAS. as reflected by Resolution No. 89-577, adopted June 22, 1989, the City Manager has executed Department of Community Affairs Contract No. 89- SM-17-11 23-02-010 between the City of Miami and the Department of Community Affairs for WynwoodSNID Technical Assistance in the amount of $30.000; and WHEREAS, the Mayor of the City of Miami, acting in his capacity as Chairman of the WynwoodSNID, has executed Department of Community Affairs Contract No. 89-SN-17-11-23,20 410 for the preparation of a WynwoodSHID Plan in the amount of S250,000; and WHEREAS, Florida Statute 163.5151 provides that all Safe Neighborhood funds 'received by a Safe Neighborhood District shall be received, held, and secured in the same manner as other funds by the appropriate fiscal officers of the municipality, and that the funds shall be maintained under a separate go. 431 90- 432 io+3Y. wccea�±t, and shaalI ", ms-*4 fir Pmrpn, 5P% xvthnr 7q!d by V, S. fa! �ighbt?rhenA and Act; 4O3, TmEFoRE, 11E IT OgUINED BY THE i]OMISSIDN OF THE CITY OF MIANI, FLORIDA: Section I. Ue foliowiog► Special Nxvenue Fred is hereby established and resources are hereby appropriated as described herein: Fund Title: ifytmood Safe Neighborhood Isprovepaent District Special Revenue Fund FY 89-90 -Wesources: --—norida Vepartseent of Commiunity -Affairs >T2,Bd,000 Appropriation: Wynwood Safe Meighborhood Improvement District FY 89-90 $290'1000 Section 2. All ordinances or part of ordinances insofar as they are inconsistent or in eoaflict with provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance is hereby declared to be an emergency measure r on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami upon the further ground of the necessity to sake the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs; more particularly to implement without delay the intent of the State Legislature. Section S. The requirement of reading this Ordinance on two separate days is hereby dispensed with a vote of not less than four -fifths of the members of the City Commission. so 90-& 431 -2- 90- 433 xas31. PASSED AIM WF'TTD this 2$th O.,y 0€ 19A9. ATTE BUDGETARY REVIEW: "TIMCIAL REVIEW: LA, UIRECIUK .--UIKLL I UR PARNMENT OF BUDGET -FINAOd DEPARTMENT GRUNT REVIEW: BALUWIN GRANTS�ADMINISTRATOR LEGAL REVIEW: I4 '51. USER] F. CEMK ASSISTANT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION CHIEF No .3- APPROVED AS TO FORM AND CORRECTNESS: jF /1 CITY ATTORNEY 7 90- 431 90- 432 0 Aaenr)A Item No. S (g) (l l 4-4-P9 RESOLUTION NO. P-375--89 RESOLUTION SUPPORTING THE FOREIGN TRADE ZONE PROJECT PROPOSED BY THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION TO BE ESTABLISHED WITHIN THE WYNWOOD COMMUNITY OF THE CITY OF MIAMI %HEREAS, the Wynwood Community Economic Development Corporation has proposed the establishment of a Foreign Trade Zone within the Wynwood community of the City of Miami; and WHEREAS, pursuant to Resolution, No. 88-1039, the City of Miami found that the plans of the Wynwood Community Economic Development Corporation are consistent with the objectives and regulations of the City of Miami; and WHEREAS, the Board of County Commissioners recognizes the many benefits to be derived by the citizens of Dade County through the attraction of international business, the creation of jobs and the supporting economic development which would be created by the establishment of a Foreign Trade Zone within the t Wynwood community, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board hereby supports the Foreign Trade Zone project proposed by the Wynwood Community Economic Development Corporation to be established within the Wynwood community of the City of Miami. The foregoing resolution was offered by Commissioner Lam, Hawkins , who moved its adoption. The motion was seconded by Commissioner Jorge E. Valdes , and upon being put to a vote, the vote was as follows: Barbara M. Carey absent -_- Charles Dusseau aye Joseph M. Gersten aye Larry Hawkins aye Harvev Ruvin aye Aarry D. Schreiber absent Jorge E. Valdes aye Sherman S. Winn absent Stephen P. Clark absent 07Z-1% 9 0 - 431 90- 432 Agenda Item No. 5 (q) (1) Pagp No. 2 The Mayor thereupon declared the resolution duly passed and adopted this 9th day of April, 1989. DARE COUNTY, FLORIDA BY ITS BOARD Or COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK i Approved by County Attorney as/ ��' By: RAYMOiD REED to form and legal sufficiency. Deputy Clerk 90-- 431 90- 432 STATE OF FLORIDA ) SS: COUNTY OF DADE ) 1, RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dame County, Florida, and Ex -Off icio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. R-376-89 , adopted by the said Board of County Commis- sioners at its meeting held on April 4 19 89 IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal on this 5th day of April A. D. 19 89 _ . RICHARD P. BRINKER, EiOfficio Clerk Board of County Commissioners Dade County, Florida By ( " � .- - �L� �j— Deputy Clerk Board of County Commissioners Dade County, Florida 104.41..a KY. 11/1r 3Q,- 431 940 432 I MEMOAANDUM Agenda xtpm No. 5 (g) 0.) TO: Honorable Mayor and Hembers DATE: April 4, 1989 _= Hoard of County Commissioners SUBJECT: Resolution in support of Foreign Trade Zone Project within the Wy vood FROM: Robert A. Ginsburg Community =_ County Attorney The accompanying item Was prepared and placed on the agenda at the request of Commissioner Larry Harkins. ZI-rt A. Ginsburg ,P County Attorney RAG/ydl f 90-- 431 90- 432 A RESOLUTION CONDITIONALLY ATIROVINC. -N kRINCIPAL, TKS DONATION OF AIPROXIMATELY 12.6 ACRIiS OF CITT-OWED LAND LOCATED IN THE MIAMI FASH:C'NJQARMlNI DISTRICT TO Txz WYNHOOD COHMUNITT SCONOMIC :EVE:.OPMINT COlklORA?ION FOR t&VILOPMENT OF A FOREIGN 'TRADE LONIt S=XCT TO TAIPARATION OF APPROERIATE ACRE MENT! BY THI CITY ATTORNEY AND CITY ADMINISTRATION ADDRESSING RIVER9IONARY INTEREST. AND OTHIR CONCIRNS OF TRZ CITY COMMISSIONS A34D SUBJECT TO FINAL CITY COMMISSION APPROVAL. (More follows body of resolution, omitted hers and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the (allowing votes AYESg Commissioner J. L. Plummer, Jr. Contnissiaoer M. Athalle Range Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOISA None. AISENTt Commissioner Miller J. Dawkins Mayor Susrest 'lee, and let me go ahead and echo CommLsaion*r flussmer'a statement. I think the annual review is important. I know the first year is premature because it will take a lot more than 12 months, but if we are not (Roving after a certain point, we'd like to be able to exert our right to revert and maybe owas of the other people sitting up here who would think this is a better use for the land, who knows? OK, sill. Me. Rio41 Thank you. 49. (Continued Discussion) DISCUSSION CONCERNING ABANDONED YTLLOV IUILDINGS ABUTTING I-9S USED SY CRACK USERS (Sot label 44). Mrs. Ranges Mr. Ranks, just before we go to the next item. ' Mayor Suarez: Coesaiaeioner Range. , Mrs. Rang*: A little bit ago, we wars discussing the abandoned building* ever the City and those that have been taken down and those that have not end I asked a Question about the yellow houses abutting — Mayor Suarez: Yes, what's the aaaver on that? Mrs. Ranges The answer on that is I called and had on indepsndent parson go and look at it, and I understand that thugs are 13 units still standing over there. Nina are not lived in, four are still inhabited. Mayor Suarsz: Thirteen out of the orik' al? Mrs. Range: Yes. Mayor Suarez: Out of the original 137 9 Y./ Mr. Plus mar: Twenty. 431 Mrs. Range: No, no, that* vers 20... Mayor Suaresl Seven have been demolished. S V ` 432 179 October 12, 1W B• WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT SOCIO-ECONOMIC AND CRIMINAL ACTIVITY HISTORY• 90� 4.31 00- 432 w WYNWOOD SAFE NEIGBORHOOD IMPROVEMENT DISTRICT SOCIO-ECONOMIC ANALYSIS 90- 431 90- 432 0h vN TASK 11 (A) DEMOGRAPHICS, POPULATION, ACE, RACE, SEX, INCOME EMPLOYMENT, EDUCATION, HOUSING AND POVERTY DEMOGRAPHIC AND SOCIO-ECONOMIC PROFITZ Wynwood has -a 1980 population of 17687 persons. as higher percentage of persons under 5 years of age than the City of Miami. -a higher percentage of persons under 18 years of age than the City of Miami. -a lower percentage of Hispanics than the City of Miami. -an unemployment rate higher than the City of Miami. -a lower percentage of female workers in the labor force with children under 6 years of age than the City. -a median family income lower than the City of Miami. -a lower percentage of households receiving government assistance than the City of Miami. -a higher percentage of families below poverty level _= than the City of Miami. -a higher percentage of persons below poverty level than the City of Miami. r-a lower percentage of persons 65 years of age and over below poverty level than the City of Miami. -a higher percentage of it's black population below poverty level than the City of Miami. -a higher percentage of its Hispanic population below poverty level than the City of Miami. -a lower percentage of homeownership than the City of Miami. -a higher housing vacancy rate than the City of Miami (See Exhibit # 1.) -a lower median value for owner -occupied housing units than the City of Miami. -a lower median contract rent than the City of Miami. 1 90- 431 90-- 432 r . '� WvnvrQodi�a�e N�ic�ibo�,h®oc%�.�i��.gve�aen� Di�s��cfi The Wynwood Safe Neighborhood Improvement District (SNID) a Commercial Local. Government Neighborhood Improvement Dis- trict, located within the City of Miami, is bounded by U.S. Interstate 195, N.E. 21. Terrace and N.W. 22 Street, North Miami Avenue, and N.W. 6 Avenue, and contains approximately 368 acres.(See Exhibits $ 2 and 3) The original plat for the district cites the name "Wynd- wood." After World War II, Wynwood grew as a result of its proximity to the employment and transportation network, which invited blue collar workers who could walk to the rail yards and factories. Originally, it is believed that, be- cause of the availability of low skill jobs immigrants were originally attracted to Wynwood. Today, however, immigrant residents are attracted to Wynwood because of its low rental housing costs. A major physical impact is, the location of the Florida East Coast Rail Road Inc., property in the heart of the District. It is the largest vacant parcel in the City of Miami offer- ing a prime development opportunity. The SNID's business ownership, homeownership and civic leadership is sustained by its Puerto Rican population. For 2 90- 431 90- 432 oxample, Puerto Ricans am the predominant businessman along Po� N-W, 2nd Avenue, and principle horeowners in the f°Old San Juan" neighborhood and provides representatives to the City's Community Development Advisory Board. Presently, in- creasing numbers of immigrants from the Caribbean and Cen- tral America are moving into the District. The issues of greatest concern in the SNID are crime, drugs, jobs, and trash pickup. Additionally, the future of the residential neighborhood west of North Miami Avenue is in question. It is possible that due to the minimum amount of relatively low market value of property, land assembly for future uses, other than residential, will become prevalent. CHANGE: WYNWOOD SKID 1970 TO 1980 In 1970 the population count was 18972. The 1980 U.S. Census enumerated 17687 persons in Wynwood. The numeric change in population between 1970 and 1980 is -1285. This represents a percentage change of -6.8. The 1970 Census counted 15613 whites, 3172 blacks and 187 persons of other races. In 1980 Wynwood was home to 11027 whites, 4092 blacks and 2568 per- sons of other ethnic groups. Additionally, in 1980, 8868 Hispanics were counted in Wyn- wood. This represents an absolute decrease of 1458 3 90- 431 90- 432 ......... . Hispanics bptwepn 19- 70 and 1980, or a ps_%rcPntaage In 1970, 7364 households were counted. The Census counted 7322 households in Wynwood in 1980. Therefore, the number of household between 1970 and 1980 decreased by -0.6 per- cent. The number of families decreased by 676 or -14.7 per- cent between 1980 and 1970. In 1980, there were 3936 families in Wynwood Compared to 4612 families in 1970. In 1970 the civilian labor force was 8986 persons. In 1980 the civilian labor force in Wynwood was 8564. The absolute change in the civilian labor force between 1970 and 1980 was -422. The Census reports that in 1980, 663 persons or 7.74 percent of the civilian labor force was unemployed; whereas, in 1970? 336 persons or 3.74 percent of the civilian labor force was unemployed. • O40:4 The medium family income increased from $6266 in 1970 to $9971 in 1980. This represents an increase of approximately 59.1 percent. The number of families below poverty level in 1970 was 1091, the number of families below poverty level in 1980 was 1202. The number of families below poverty 99 -- 431 - 4 90- 432 level between 1970 and 1980 increased by .10.2. percent. In 1970, 24 percent of the families were below poverty level, and in 1980, 31 percent of the families were below poverty level. The number of persons below the poverty level increased from 5636 to 5929 between 1970 and 1980. In 1970, 30 percent of the population was below the poverty level. In 1980, 34 per- cent of the population of Wynwood was below poverty level. Additionally, In 1980, 43 percent of the black population and 40 percent of the Hispanic population was below poverty level. In 1970, 37 percent of the black population and 29 percent of the Hispanic population was below poverty level. In 1970,the U.S. Census counted 7889 units Wynwood .In 1980, 8170 year-round housing units were counted in Wynwood. This represents an increase of 3.6 percent. The number of owner - occupied housing units in 1980 was 1387 compared to 1133 in 1970. In 1980 there were 881 vacant housing units; whereas, in 1970 there were 525 vacant units. This means that 10.78 percent of the units were vacant in 1980 and 6.65 percent were vacant in 1970. The median value of a owner -occupied unit was $38,725 in 1980 and $15,650 in 1970. This represents an increase of 90— O t s 90 - 432 more than 145 percent. Median contract rent rose from $97 in 1970 to $164 in 1980. The Garment Center is located within the Wynwood Safe Neigh- borhood Improvement District. it is generally bounded by Northwest 29th Street, Northwest 2nd Avenue, Northwest 21st Terrace and I-95. It is immediately north of Overtown and a large public housing project. The Garment Center began after World War II when there was a large demand for tropi- cal women's clothing. Its development was fueled by the availability of inexpensive and skilled labor, i.e., needle - workers originally from the Caribbean. The Garment Center's initial economic decline may be attributed to a number of reasons but none more impactful than the 1980 riots and to a lesser degree the financial holocaust in South America, created by the oil glut, and in the relocation of a large number of companies to the Caribbean, in addition to relocating to the City of Hialeah to take advantage of lower property taxes and liberal land use regulations, and because of the increase in crime in central city areas. Today, it appears that the rate of businesses moving out of the district is stabilizing. In fact, businesses are returning from Hialeah to take advantage of the district's supply of available large manufacturing plants and the low DO- 431 rent structure, and proximity to downtown Miami. With a renewed in -migration of inexpensive and skilled labor (im- migrants from the Caribbean and Latin America), the district should be in a more favorable position to rebound, 90-- 431 7 90-- 432 w VNIVWOOD SAFE NEIGBORHOOD IMPROVEMENT DISTRICT CRIMINAL ACTIVITY ANALYSIS w 90-- 431 90- 432 In spite of the availabilities of various Federal and State programs to the City, the Wynwood area has received only basic services and minimal attention. This community has been the silent minority within the minority groups of Dade County. Historically, the Wynwood neighborhood has been in need of additional City services, with the residential ;portion of the district only recently renamed Old San Juan to reflect and recognize the longstanding Puerto Rican presence. Among the many causes of deterioration in the business and residential neighborhoods of Wynwood SKID are the following: proliferation of crime, automobile thefts, faulty landscap- ing, fragmentation of land uses, lack of separation between commercial and residential areas, and poor maintenance (See Exhibits, # 26,27 and 28). TYPE, FREQUENCY, SEVERITY, AND LOCATION Crime within the Wynwood Safe Neighborhood Improvement Dis- trict Area has consistently remained higher when compared with the other City of Miami Target Areas. 90- 431 30- 432 29 -" The following bar graphs (See Exhibits # 37 thru 50) represents the range of non-violent crimes among the various -_ target areas. Particularly in the case of larcenies, the Wynwood rate of occurrence per thousand is some three to four times the rate of other target areas, varying year to year, all of which exhibit depressed conditions. In addi- tion, total Part I crimes for Wynwood varies between two and three times the City rate for the years between 1979 and 1984. The same ratio, for the same period, is evidenced in the figures for total non-violent crimes. However, recent figures have become alarmingly higher in recent years and as indicated by the Criminal Activity chart for Types, Fre- quency, Location, and Severity (See Exhibits # 37-39; 1987, c 1988, and 1989 Criminal Activity Analysis Chart Wynwood Safe Neighborhood Improvement District). An analysis of the most obvious statistics, indicates that the incidence of Murder and Rape has increased markedly over the last three years. Although the crime sites within the Wynwood Area are con- sistently higher than the City average, the Wynwood Safe Neighborhood Improvement District Area figures clearly represent more than the 50% of the Wynwood Target Area crime figures. police protection for the Wynwood Safe Neighborhood Improvement District is provided by the following personnel from the City of Miami, Police Department. 90-- 431 90- 432 30 WYNWOOD POLICE PATROLS TABLE 1 1. Patrolled by twenty-three (23) police officers. a. Day shift (0630/1630 hrs.) Ten. (10) officers b. Afternoon Shift (1500/0700 hrs.) Nine (9) officers c. Midnight shift (2100/0700 hrs.) Four (4) officers. 2. To date there are forty sic (46) crime watches with five hundred and eleven (511) active participants. 3. (See Exhibit #21) Location of Police Stations. The Wynwood SKID is served by three fire stations. (One sta- tion, Fire Station No. 2, is geographically located within the area). In terms of service delivery the fire stations serving Wynwood translate into ten (10) companies with 1.20 personnel. Also, two (2) Fire Inspectors are assigned to the District. In conclusion, it should be noted that overall the City of Miami maintains a favorable Class I fire rating as compared with cities of comparable size. (see Fire Station Exhibit # 22). 90 - 431 31 90- 432 L 210 The Wynwood Safe Neighborhood Improvement District (WSNID) contains one of the most ethnically diverse populations in the City of Miami. Included within the District population are Hispanics, especially persons of Puerto Rican origin, and recent immigrants. The WSNID, Old San Juan neighborhood, is primarily pedestrian oriented. People walk for neighbor- hood shopping and recreational opportunities. In terms of change, there are more standard housing units today than in 1970. This is attributed to new construction and rehabilita- tion and demolition activities sponsored by the City of Miami. As with most inner city neighborhoods the problem of blight, including trash/garbage piles, vacant overgrown lots (See Exhibits # 25 and 26) and abandoned automobiles are ap- parent. Also, illegal drug trafficking and associated prob- lems, as well as other factors, have contributed greatly to increased blight, crime, prostitution, apathy, transiency, drug use, and decreased police presence and visibility reflected in Table 1. bong the problems of the Wynwood SKID are limited activities and programs available for com- munity youths, included among these problems is the under utilization of community parks (See Exhibits # 8,23, and 29). There is also only a limited effort to reintroduce ex- 34 90- 431 90- 432 offenders back into the community. The crime mate in the area exceeds all City of Miami target area averages. The WSNID incidence of rape is approximately 15 percent of the total number of rapes in the City of Miami (during the first six months of 1987). Rapes in the Wynwood Safe Neigh- borhood Improvement District went from 21 in 1987 to 36 in { 1988 and 40 in 1989, (See Exhibit # 37 - 39). Continued out - migration of the area's residents and businesses, substan- dard properties, dilapidated housing, and abandoned properties, are contributing to the increased rate of youth and drug related crimes. High levels of apathy among resi- dents of the community have resulted in limited interest and participation in community activities. This area may be losing its' battle against crime, specifically in the area of non-violent crimes. We lead the City and the County target areas in: Assaults, Robberies, ?larceny, Breaking and Entry, and vehicle Theft all since 1979. Companies run more employment advertisements than the local newspaper, but workers are still reluctant to work in the WSNID Garment District section because of the level of perceived crime, image, and the large number of muggings (larcenies) that take place in the District. The area has seen a 60% decline in the number of apparel businesses in the last few years base on a recent report published by the Beacon Council. 90 " 431 35 90-- 432 And those firms that have stayed in the area ars+ looking toward offshore labor to compensate for the lack of local employees willing to work in the district. The area has seen employment drop from 30,000 in 1980 to a low of 8,000 in 1987 as reported in the Garment Center Redevelopment flan and they more recent Beacon Council report on the Apparel In- dustry of Dade County. The Bakehouse Art Complex, one of the few viable cultural amenities in the community, has been unable to fulfill its potential as a cultural attraction for the area. The area's image has affected the level of participation of outside in- terest. The Miami Design District, has seen a 40% reduction in the number of businesses in the area, because of the per- ceived crime levels as reported by the Dept. of Development of the City of Miami. These businesses have moved out of the county altogether, mostly because there has been little effort to organize and improve security within the District. The industrial area has.a slightly different battery of crime problems: vandalizing of employees and customers cars in both public and private parking lots: illegal dumping of solid waste on abandoned properties (See Exhibit # 25) and on vacant parcels; abandoned or substandard factory and warehouse properties (See Exhibits # 27 and 31): infrequent City and private collection of abandoned solid waste; in- sufficient oft -street parking in some areas; due to grand- 90- 431 36 90- 432 fathering of old structures, and in some areas the streets ,..,N are too narrow to permit the proper maneuvering of trucks (See Exhibits # 19 and 24,). The condition of major streets are adequate for the volume of current industrial and com- mercial activity. The levels of service capacity for roads are currently adequate for most types of land uses. Crime rates within the State Enterprise Zone area, of the WSNID District, and within the proposed Federal Enterprise Zone, portion of the WSNID will be substantially the same as the areas are largely co -terminus. Therefore, the crime statistics presented with this report will indicate that 50% percent of the crime reported for the Wyrwood target area comes from the WSNID, and the portions of both Federal/State Enterprise Zones, which are located within the district. Garment center issues include crime prevention/law enforce- ment, improved vehicular access possibly from I-95, the gen- eration of more retail customers, the attraction of sub- sidiary manufacturers, such as jobbers, cutters, thread manufacturers, and a comprehensive marketing and promotional effort. The District's level of international trade has seen a significant increase. It has become a necessity for Domestic apparel manufactures to produce their goods off 90ft 431 37 ga-- 432 shore, because of the lack of available labor willing to en- ter the needle trade and the WSNID District because of the high levels of real and perceived crime in the area. Be- tween two to three sewing machine operators are mugged every week and the word has spread that the area is not safe to work in, especially because of its proximity to the Overtown and its' Civil Disturbances (See Exhibit # 34). Larceny in the Garment District is extremely high, considering the Gar- ment Center is not a high retail market. The location of high density public housing within the vicinity of the Dis- trict is hurting the area because of the criminal element associated with the public housing in this area. This is clearly reflected by the extremely high violent crime reports generated by the area (See Exhibits # 37 - 39 areas 131 and 132). Beginning in the 198O's during the period when the Fash- ion/Garment Center began to experience a decline in employ- ment, the City of Miami initiated a series of crime reduc- tion programs, primarily in response to urgent requests from the Wynwood industrial sector, which had begun to experience difficulty in hiring trained workers. In June of 1982, then Major Perry Anderson (now Chief of Po- lice) initiated the Comprehensive Crime Prevention project 90' 431 38 90~- 432 in the Wynwood area.. WYnwood's Revorend David Bonilla was alao a key planner of this effort, which had a heavy empha- sis on criminal activity of juveniles. This program was followed by the Summer Youth Program which has become an an- nual project. The community sponsored) Child Program, essen- tially an anti -child abuse program; and the initial Wynwood Crime Watch Program were other early crime prevention projects. These and other programs were merely beginnings, and only partially effective in light of the enormity of the crime problem. In spite of continuing criminal activity, there are signs that industrial and commercial activity is in- creasing. The City of Miami, WCEDC, and Wynwood Safe Neigh- borhood improvement District are committed to the implemen- tation of a major crime reduction program, as represented by the ga a ftigh grh.Qo. Zma=. 90o- 431 39 90- 432 C• CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN RECOMMENDATIONS COMPONENT• TECHNICAL ASSISTANCE 90- 431 94` 432 far The Wynwood Safe Noo barboW lmpmvemtmt I?istrct for 'llryouwaod GoPrsmun E,001342173k Daxla e@'et b9 Tbe Wynwood Fartmwobip Fkrida {Ruched 6/91W) 90- 431 00-- 432 Ej C ., CRIME PRR NTION TTMOUGU KWTRONK9N _'AT, PESIGN RECtaW4KNDATION a TECUNICAL ASSISTANCE COWPOMR iT* (1) Analysis of Empirical Data (2) Conclusions and Recommendations (3) Comparison of Crime Data reported for Metro -Dade county and the City of Miami (4) Evaluation & Statistical Analyses of. Crime Data for = Police Reporting Areas 118 and 119 = (5) Evaluation and Statistical Anlaysis of Crime Data for �- Police Reporting Areas 131 and 132 *Compilation of Raw Crime Data located at Table of Exhibits. 90- 431 90- 432 Crime Prevention 'Through Environmental Design Wynwood Safe Neighborhood Improvement District Geography For the purposes of developing meaningful data relative to environmental security the Wynwood study area geographical boundaries are as follows: Western boundary - Interstate 95 Northern boundary - Airport Expressway Eastern boundary - North Miami Avenue Southern boundary - Northwest 20 Street Land Use Within the Wynwood study area are located two distinct land. uses. The land use south of NW 29 Street is predominantly industriallcommercial. The land use north of NW 29 Street is predominantly residential. Vehicular Traffic Routes There are nine major vehicular traffic routes that significantly impact the District: NW 6 Avenue NW 36 Street i4W 5 Avenue NW 32 Street NW 2 Avenue NW 29 Street North Miami Avenue NW 20 Avenue 90- 431 =1 3 9a 432 Generators A generator is an element that increases the intensity of land use and may initiate land use competition or conflict with surrounding land uses. Generators may exist outside of the district but still exert a significant impact on the quality of life within the District. Generators may also exert a positives influence on the surrounding land use. Generators may have such a positive influence that they become cultural and economic anchors for the surrounding community. There are a number of generators within the District: Schools Concentrated Commercial Areas Public Parks High Density Low Income Rental Housing Public Housing Vacant Land Churches Government Institutions Charitable Institutions Single Family Residential Areas The interaction of the mentioned elements may create opportunities for criminal activity. To establish how the juxtaposition of these elements creates opportunities for crime the Wynwood Partnership collected empirical data from police officers assigned to the District, business and community leaders and personal field observations. Evaluation of this data was used to develop security guidelines for the prevention of opportunistic crime. 90- 431 90-- 432 4 The Perception of Crime in the Wholesale / Industrial Area. The following narration is based on personal interviews and observations within the wholesale / industrial area south of NW 29 Street. In the early 1980's the South American oil economy stimulated the economy of the commercial district. South Americans could buy merchandise in the district at a fraction of the cost of similar merchandise in their native countries. The "illicit drug economy" also contributed to the economic boom experienced in the area. Small businesses along NCI 5 Avenue reportedly "did $5,000 to $6,000 in business per week" during the boom era. I The first major civil disturbance in the area occurred on May 1, 1980. This disturbance initiated the perception that the District was not a safe place to shop. Crime began to increase. The oil boom came to an end. South Americans with large amounts of disposable income were no longer patronizing the wholesale areas of the District as they did during the boom era. Crime was on the increase. Purse snatchings and street robberies increased. Often, the victims of street crimes were white and female and the offenders black and male. The perception grew that blacks were targeting white victims. White customers developed the perception that the area was unsafe for them, that the area was under the control of the blank criminal element. A store owner told the story of zhe customer from Palm Beach regularly shopped in the NFW` 5 Avenue area. She spent $20,000 per year shopping in the area and brought about another $30,000 to the area by "word of mouth" advertising. During a purse snatching, her purse became caught in the door of the stolen vehicle driven by the offenders and she was dragged along side the car for some distan#o _ 4 3 1 5 90- 432 The merchants, believe that this type of izi6dent is having a long term negative impact. The District is dependant on tourists and others who do not know that the District has a reputation for being an unsafe place. Many tourists were observed walking along NW S Avenue seemingly unaware of any crime threat. Women were observed loosely carrying large hand bags. Some of these same customers were observed driving from the NW 5 Avenue wholesale area in expensive luxury cars into areas with histories of incredibly high rates of street robbery . The routes taken by these customers seemed to indicate that they were unsure of how to travel to their destination. Along with the end of the South American oil boom economy, another economic element is perceived to account for the general downward -turn in the commercial viability of the District. The law 40 enforcement effort in the "fight against illicit drugs" forced the drug fueled economy away from the area to other locations and other states. Ironically it is perceived that those "addicted to drugs" are currently responsible for a large portion of the crime problem in the District. Some of the business owners have hired security guards to help defend themselves from the criminal element. The effectiveness of security guards is generally very limited. Security guards can be effective at static check points such as greeting customers at entrances or protecting parking areas that are designed with limited access, but they are no substitute for mobile police on the street. The criminal element soon discovers the limitations of security guards. Street crime is believed to be a daytime phenomenon. After regular hours burglary is perceived to be the criminal threat to the wholesale &,-eas. A business owner described a recent burglary where the offender positioned a pole through a roof vent to "pluck" merchandise from the interior of his building. This merchant believes that while the burglary rate makes it difficult for him to obtain insurance for his inventory. However, he views the street E. 90-- 431 90- 432 Grime in the District as a greater problem, as it rcprrcents a threat to personal safety and to the District economy, He believes that the fear of personal attack drives customers away from the District. It is apparent that businesses have taken precautions in response to the threat of burglary. Decorative steel grates cover many business entrances. Vertical bar fencing topped with razor wire was omnipresent. Many businesses applied razor wire to the edges of roofs to prevent access to the roof tops. The patchwork of heavy physical security gives the commercial areas the look of a military defense installation, and conveys to the observer that these areas are unsafe places. The business owners believe that the wholesale district (NW 5 Avenue area) generates only about 1095' of the business that had been generated in the late 1970's and early 1980's. During its economic height wholesale / industrial areas employed 32,000 people. Most of these employees lived in the District. This number is now down to about 8,000 employees. Economic factors notwithstanding it is perceived that crime and the fear of crime accounts for the relatively depressed state of the wholesale areas within the District. Police Officers who are assigned to the day shift in areas south of NW 29 Street also believe crime and the fear of crime are significant factors in the relative lack of business experienced in the area. Most of the crime that takes place in the wholesale district follows a typical pattern. Two offenders "cruise" around the commercial area in a stolen car. Once a victim is selected the passenger in the stolen car runs up to the victim and "snatches" her purse or reaches from the open window of the car to grasp the strap of the hand bag. The victim typically sustains injuries proportionate to the amount of resistance offered to the criminal act. Many victims have been dragged along the stolen car by the straps of their hand bags and have sustained extensive injuries. 9 0 _ 431 90- 432 7 } Once a pumse has been taken. the suspects xypically speed to NW F Avenue, turn south and abandon the stolen vehicle in the area of the public housing projects at the 400 block of ASV 22 Street. The police typically despond to this scenario by patrol.'-'ng the area looking for suspects who appear to be "cruising around". Once a suspected vehicle is spotted police will attempt to obtain license tag number without alerting the suspects that they are under anything more than casual observation. The license tag number will be run through the police computer. If the computer check reveals that the car is stolen police will summon other officers to "set up" in the general vicinity while the initiating officer stops the vehicle for a traffic violation. At this point the back up officers arrive on the scene and arrests are made. This procedure is followed in order to avoid high speed chases and violent confrontations with criminals. The presence of police ,b officers in the district does inhibit street crime. Police believe that easy access to the area (NW 5 Avenue, south of NW 29 Street) and quick escape routes from the area contribute to the area's attractiveness to criminals. In the past the R. E. Lee Middle School located in the 3000 block of NW 5 Avenue was a negative generator to the commercial area south of NW 29 Street. Middle School students walked through the commercial district after school causing "general havoc". Students walked in large groups and intimidated customers. Students banged on store doors, store shutters, and verbally confronted those in the area on business. Business people discouraged their customers from leaving businesses when the students were passing through the area. While "serious" crime has not been attributed to these students, the intimidation involved and the disorderliness of the students significantly contributed to the perception that the area was generally a disorderly and unsafe place. This situation has been remedied by the closing of 990- 431 8 90- 432 - closing of the middle school and reopening & facility as the Orchard Villa Elementary School, thereby lowering the ages of the attending students, A "recycling shop" was opened in the 200 block of NW 23 Street. The "shop„ recycles among other things copper and aluminium. Police noted that when the shop began operations aluminium shutters, drain pipes, electric wire, etc. began to rapidly disappear -from the surrounding area. "Street people" were observed sitting in front of a large pile of copper wire insulation located in a vacant field in full view of the recycling business. The police stated that theft of wire for recycling had become so intense that thieves were stealing wire from the public street lights to trade for money to buy "crack" cocaine. The police have used a local ordinance to attempt to restrict the sale of materials for recycling to legitimate sources. The success of this approach is dependant on the time allowed police officers in the area to vigilantly enforce the ordinance. The lag time before the discovery of link bem-een the opening of the recycling business and the theft of recyclable materials allowed much theft to occur. Generators that Impact the Wholesale / Industrial Areas Several of the entities bordering the south edge of the District have an enormous impact on the generation of crime and the fear of crime in the District. On the north side of the intersection of NW 5 Place and NW 21 Terrace is a section of vacant land, which has been "colonized by the "Street people." Abandoned car and vans serve as shelters. There are no apparent sanitary facilities. Whether this area is actually a crime generator is unknown, however this "camp ground" greets visitors to the District who travel from NW 20 Street to the district via NW 5 Place. The "camp ground" is closely associated with a rental housing 9 9®- 431 90- 432 complex on the west of NW 5 Place and Dunbar Elementary School located on the east side of NW 5 Place. At the very least the existence of the "camp ground" represents incompatible land use relative to the immediate surrounding area, and contributes to the perception that the area is an unsafe place. South of NW 22 Street and east of NW 5 Avenue is located a public housing project and a public park. This area is a significant crime generator. The police report that criminals that drive stolen wars to commit crimes in the wholesale / industrial areas often abandon these vehicles on the north side of this location in order to escape capture by pursuing police. After leaving the stolen cars behind the criminals run south into the public housing area, through Rainbow Park, and -into another public housing area south of NW 20 Street. Personal inspection of this area indicated a general deterioration of the is housing stock. graffiti was evident on the walls of the apartments. Trash and discarded clothing was piled on the landings. There was little evidence of any maintenance of the property. Foot paths through the dirt and weeds indicated little control over the semi private areas by the apartment dwellers. There is no access control associated with the property. The entire area is porous and easily penetrable by outsiders. Rainbow Park is a public open area that has no access control. 'There is no organized activity associated with this park. Police advised that "crack" cocaine dealers "hang out" in the center of the park. If the police approach this park criminal suspects have the option of running in any direction. Rainbow Park is the "back yard" of public housing in the 400 block of NW 22 Avenue. NW 4 Court dead ends in a cul- de-sac located at the southwest comer of the park. Public housing units of the same condition as previously mentioned A' continue south of Rainbow Park along the east side of NE 4 Court. To the rear of public housing units located in the 2000 block of NW 4 10 - 431 43 2 Court is "camp site" of "street people" livings abandoned cars and vans. It appeared that that the "camp site" was supplied electricity by an extension cord from one of the adjacent public housing units. Rainbow Park -is perceived as a dangerous plac.> that is under the control of the criminal element. The park must be accessed by travelling through deteriorated public housing whose graffiti marks the territory of the lawless. The police report that street robbery is at its most intense at "2 and 20" or "3 and 20". It was interesting to note that crime was so rampant at these locations that police jargon was used to describe the intersection of NW 2 Avenue and NW 20 Street and the intersection of NW 3 Street and NW 20 Street. The typical street robbery takes place when persons stop at a traffic light at one of these intersections. Offenders will ' hang out" near one lb of these intersections looking for the opportunity to smash a window out of a stopped vehicle or to reach into an open car window to take a purse or other property belonging to persons inside the vehicle. The police report that the presence of police officers has little impact on the boldness of the "street robbers". One such "smash and grab" robbery took place while a police patrol car was parked at the intersection of NW 20 Street and NW 2 Avenue. The offender was able to nun from the area and into a maze of housing units that makes foot pursuit by police a largely futile effort. At the intersection of NW 20 Street and 2 Avenue the "street robber" typically runs through an alley that extends south of NW 20 Street in line with NW 2 Avenue. Deteriorate housing runs along both side of this alley way. At the intersection of NW 20 Street and NW 3 Avenue deteriorated public housing is located on both the north and south sides of NW 20 Street, west of NW 3 Avenue. At this intersection "street robbers" "hang out" to wait for the opportunity to "make a hit". The "robber" 90-- 431 11 90- 432 is afforded many escape routes from this i t rsection. Running north allows the offender an open lot between two groups of public housing units. At the north end of this open space is located a basketball court. The police, when responding to reports of robberies, will often follow this escape mute in the hope of finding a suspect. Suspects will modify their mode of dress and join in an on -going basketball game. This not only provides an alibi for the suspect but also helps provide an explanation as to why the suspect is perspiring and out of breath. If this tactic is inappropriate the suspect can run into rainbow park and "hang out" with the "crack." cocaine dealers in the center of the park. If the robbery suspect runs south from his crime at the intersection he can blend into the deteriorated public housing units located west of NW 3 Avenue. An inspection of the public housing units located south of NW 20 Street and west of NW 3 Avenue revealed a path worn by foot traffic 4W from the NE corner of the project to the intersection of NW 20 Street and NW 3 Avenue. Police report that a large tree located at this foot path is often used by "street robbers" to "hang out". It was also observed that park benches constructed near the intersection for the intended use of residents of the public housing units were destroyed. Graffiti was omnipresent, as was trash and lack of general maintenance of the property. The housing units were arranged in ways that provided narrow pedestrian routes and hidden spaces. The building site was completely porous and easily penetrable on foot from all sides. 0 12 90-- 431 50-- 432 Land Uses and Opportunistic Crime The positioning of public housing on either side of a major traffic route allows the criminal a range of excuses to "hang out" in close proximity to targets of opportunity. Because many of the intended victims are not local residents and are unfamiliar with the area they are easily disoriented by the sudden violence of "street robbery" and are unable to identify their attackers. Intensified preventative police tactics to combat "street robberies" would require the reassignment of a large number of police personnel to monitor a five block length of NW 20 Avenue for an extended period of time. This is not cost effective. Also a large number of police officers constantly conducting "field interrogation" of local citizens who fit the profile of a typical "street robber" may cause resentment among the majority of law abiding citizens. Perception of Crime in the Residential Neighborhood The following narration is based on interviews and observations in the residential areas north of NW 29 Avenue. Police who are assigned to the above area report that the main crime threats to the residential area are residential burglary, drug dealing / consumption and the presence and misbehavior of undesirable "street people". The previous center of crime was perceived to be the Roberto Clemente Park, bordered on the north by NW 34 Terrace, on the east by NW 1 Avenue, on the south by NE 34 Street, and on the west by NW 2 Avenue. Drug dealing was conducted along the north side of the park on NW 34 Terrace. This situation has recently changed due to police pressure and land being cleared to the north of the park 13 43,E 43� - whose previous use had a negative impact on'lhe area. A. short chain link fence has also been erected along the north side of the park. An inspection of the park indicated that there is a short chain link fence surrounding the perimeter of the park. bark rules am posted at the entrance to the park at NW 2 Avenue. There are openings for pedestrian access to the park on all sides. Graffiti was evident on most of the park facilities. High sections of chain link fence were evident in areas where basketballs, tennis balls and baseballs were to be contained within the park. No real control over pedestrian access has been provided. An office f activity center is located at the east end of the park. To the north of this center is a children's' play area. A sign warning park users not to leave children unattended was posted on the north side of the activity center. Graffiti was evident on the children's' play facilities. _! Groups of young men were observed "hanging out" at the pedestrian entrance on the SE corner of the park. Two young men were leaning against the fence on either side of the opening while one young man was sitting on the top support of the chain link fence. This situation creates fear in the minds of persons who want to use the park. Often —f park patrons will choose another entrance to the park or avoid the =i park altogether so as not to be forced into a possible confrontation with the youths at the park entrance. in this scenario the youths who hang out at the ark entrances intimidate persons who might otherwise p pe gh freely use the public facility. Public housing located on NW 5 Avenue, north of NW 32 Street, was inspected. Graffiti was evident at the entrance to the public housing project. Young men were "hanging out" at this entrance point. Orchard Villa Elementary School appeared to be a positive element as the school is well kept and the age of the student body minimizes the possibility of the school being a crime generator. The school could and should be a positive neighborhood anchor. 14 94-- 431 90- 432 To the north of the school on NW 32 Street is' -an' „artist colony" known as the Bakehouse. This "institution" protects itself from crime by installing razor wire along its perimeter and installing high intensity lighting in the courtyard areas. This "institution" could become an important component of the residential area. The Eugeno Maria De Hostos Community Center located at 2902 NW 2 Avenue is a social service center for the neighborhood. At this center HRS issues food stamps, a drug rehabilitation effort is in operation, and elderly services are on -going. While this arrangement may represent an efficient use of space, a conflict in use has been the outcome. Some of the young persons enrolled in the drug rehabilitation effort intimidate the persons patronizing the elderly services. It is believed that many of the elderly have had their benefits taken from them by some of the attendees at the drug rehabilitation program. This being the case, it is probable that many elderly avoid the elderly services program due to the fear of crime. Police report that there are about one purse snatch a week in the vicinity of NW 2 Avenue and NW 36 Street. Some apartment complexes are crime generators. One such generator is located in the 500 block of NW 35 Street. Drug dealing is the criminal activity associated with this location. Residents of the area believe that daytime purse ' snatchings and "street robberies" are committed by persons driving into the area from the Liberty City area and Little Haiti. It is believed that nighttime burglaries are committed by young people who live in the neighborhood. 90-- 431 15 90- 432 Land Use Cmnpetition and its Impaet of the Residential Neighborhood The residential neighborhood streets are laid out in a typical grid pattern. Major cut through streets in this pattern are NW 5 Avenue, NW 3 Avenue, NVVI 2 Avenue, NW 1 Avenue and NW 32 Street. If a high percentage of vehicular traffic on these streets is transient or "cut through" traffic a significantly negative impact on the quality of life in the residential community will be the likely result. The easy and casual access afforded outsiders to the interior streets of the residential neighborhood is a condition that fosters opportunistic crime. There appears to be considerable land use competition between the residential areas located in close proximity to commercial areas due the lack of separation of competing land use. This situation may erode the residential neighborhood as residentially zoned property is extremely sensitive to this type of competition. The areas to the rear of the businesses are vulnerable to criminal attack and this vulnerability encroaches into the residential property that is located adjacent to commercial property. Conclusions and Recommendations The public housing units just south of the Wynwood District should be addressed as this area is not only a direct threat to the wholesale / industrial areas of the Wynwood District it is a significant crime generator for the entire City of Miami. This area represents a significant drain on police resources. The crime associated with the housing along NW 20 Street generates a general fear of crime that has a significant impact on the reputation of the area which inhibits potential customers from visiting the area. 16 90- 431 90- 432 One of four approaches should be considered ui addressing the of the aforementioned public housing; 1. Rehabilitation that includes the application of crime prevention guidelines - 2. Change of use of the housing units to a use more complementary to the general land use of the area 3. Privatization and rehabilitation that includes the application of crime prevention guidelines 4. Demolition High density affordable rental housing units under private ownership should be rehabilitated. Crime prevention guidelines should be applied to the design. The Wholesale / Industrial areas of the Wynwood District force its economic anchor. The proposed Foreign Trade Zone (FrZ) should serve as the economic anchor for the Wholesale / Industrial areas. Access to these areas should be controlled. NW 5 Avenue should terminate at the southern end of the Wholesale / Industrial area. Customer access to the FTZ should be limited to a controlled access point from the cul-de-sac at the NW S Avenue terminus. NW 23 and NW 24 Streets should terminate at NW 6 Avenue. NW 24, 26, 27 and 28 Streets should be equipped with security gates that will allow controlled access from NW 6 Avenue. The FTZ should be of sufficient size so as to create a "critical mass" that will overcome the eroding elements of crime and the fear of crime. This will allow the economic stimulus that the FrZ represents to foster a positive business atmosphere that will attract new business to the area. Along with the necessary "critical mass" the FTZ is required to be equipped with designed security sufficient to defend it 17 90-r 431 90- 432 from crime. The perimeter of the FrZ should be secured with a combination of a 9' high precast cement fence and 9' vertical bar fencing. Perimeter security can be addressed with landscaping such as bougainvillea that will supplement security as well as soften its appearance. An employee / commercial vehicle access point should be considered at NW 22 Terrace. Separating the commercial access point from the customer entrance allows for a separation of competing uses. Stricter security can be applied at the commercial entrance point where losses to businesses are traditionally the greatest. The customer entrance can be equipped with softer appearing security that will compliment customer appeal. Business owners in the wholesale area should work out a security plan with the local police and private security concerns. Private security should become an extension of the senses of the police officers ` assigned to the area. Part of a security plan should be the coordinated application of physical security features. The goal of a security plan should be the effective defense against burglary and the avoidance of projecting an "military defense" appearance. A "grand entrance" should be created at NW 5 Avenue and NW 29 Street. The "grand entrance" should project a "sense of arrival" and naturally draw customers to access the commercial area at this point. Signs directing potential customers to the District should be strategically located along the desired route of approach. "Signage" that establishes a path to the "grand entrance" should begin at the appropriate location along interstate and major arterial routes, particularly at North Miami Avenue and the 36 Street Expressway. A. logo should be designed that reflects the flavor of the District. This logo should be a prominent feature of the signage directing customers to the District. This is not only a good advertising / marketing strategy but will help protect customers from the consequences of 18 90- 431 90- 432 becoming lost in areas where they are lik�o-bccomr— victimized by street crime.- By removing attractive targets of opportunistic crime the rate of crime in sensitive areas should be positively impacted. Brochures displaying the P;strict logo should be mrde available to customers of the District. The brochures should inform customers of the features of the District, provide safe routes to those features and also link the District to other areas interest within the City of Miami along safe routes. `The above recommendations are designed to encourage business persons not only to defend their individual businesses against crime but to begin to defend the entire District as one unit. This will help create the "critical mass" that is necessary to overcome the negative impact of crime and the fear of crime. This same "critical mass" will provide a positive stimulus to repeat and impulse business activity. A detailed analysis of vehicular traffic data within the residential 41k district north of NW 29 Street should be conducted. The data should be examined to determine if a vehicular traffic management program might solidify the residentially zoned areas and minimize conditions favorable to opportunistic crime. 4 Land use competition should be minimized between commercially zoned property and residentially zoned property. This can be accomplished by vehicular traffic management and providing a sufficient separation between competing land uses. A 9' precast cement wall has been used in other cities for this purpose with great success. Organized recreational activity should be the primary use of the expanded Roberto Clemente Park. The perimeter fence should be raised to a height equal to the height of the fencing used to keep athletic equipment within the park. There should be one point of controlled access to the park. This point of access should be juxtapositioned to permit observation and control of the park office 19 90- 431 90- 432 and activity center. 'Mis access point should-% sccurcd when the park is closed in the evening. The public housing located in the residential district should be rehabilitated and crone prevention design guidelines should be applied. The creation a code enforcement team to target the residential area should be considered. Code enforcement team members should consist of representatives of the City of Miami police department, fire department, building department and planning department. Appropriate State, County and local laws, ordinances and codes should be researched. Any violation of the appropriate sanctions should be a misdemeanor so that police powers of arrest can be applied. Once the code team is created a strategy should be developed with local residents to attack the conditions that foster opportunistic crime. Rehabilitation of privately owned rental housing should be promoted. 4W Also, crime prevention design guidelines should be applied. v The use of Eugeno Maria De Hostos Community Community Center should be analyzed to determine how the site design contributes to use conflict. Findings from this analysis should be used to develop appropriate design modification that will assist in the efficient delivery of social services. All recommendations are site specific. Design modification and crime prevention guideline must be applied with consideration of the specific variables applicable to each site. 20 90-- 431 90- 432 Comparison of Crime Data f6f-t e City of Miami and Metro --Dade County for the Ydars 1988 and 1989 Murder/Forcible sex/Robbery/Agg.Assault/Burglary/L.arceny/Autoneft - 148 411 6,398 6,006 14,003 29,688 8,577 Total: 65,231 Murder/Forcible sex./Robbery/Agg.AssauitBurglary/Lrarceny/AutoTheft 228 1,083 6,484 9,145 31,065 53,302 18,568 Total: 119,875 City of Miami. aimC 12ata for 1.2B Murder/Forcible sex/Robbery/Agg.Assault/Burgiary/L,arceny/AutoTheft 132 416 71,289 6,387 15,350 31,268 9,342 Total: 70,184 Murder/Forcible sex/Robbery/Agg.Assault/Burglary/L =ny/AutoTheft 203 1,157 7,877 10,292 29,606 56,696 18,691 Total: 124,522 90- 431 90- 432 It is interesting to compare the City of Miami and Metro -Dade County in terms of reported crime. It is more meaningful to compare the respective - jurisdictions relative to their populations. In 1989 the City of Miami had a total population of 371,444. For the same year Metro -Dade County had a total population of 988,344. The following table lists the chances of being a victim of a crime for each crime listed. The table lists the number citizens who live within the jurisdiction per incident of crime for each type of crime listed. M ro-Dade CQunly Crime Data for 1989 (1 crime for every (X) number of citizens) Murder/Forcible sex/Robbery/Agg.Assault/Burglary/Larceny/AutoTheft 4869 854 126 96 33 17 53 $esU1t, 1 citizen for every 8 crimes. rel. .nary Conclusion: There is a 1 in 8 chance of becoming a victim of one of the crimes listed as a citizen of Metro -Dade County. Cily of Miami Crime Data for 1989 (1 crime for every (X) number of citizens) Murder/Forcible sex/Robbery/Agg.Assault/Burglary/Larceny/AutolMeft 2814 893 51 58 24 12 40 Result: 1 citizen for every 5 crimes. Preliminary Conclusion: There is a 1 in 5 chance of becoming a victim of one of the crimes listed as a citizen of the City of Miami. Final Conclusion: A citizen of the City of Miami is more than twice as likely to be a victim of a robbery as a citizen of Metro -Dade County. • 90- 431 90- 432 11 City of Miami Crime Prevention Through Environmental Design 'technical Assistance Component for The wynwood Safe Neighborhood Improvement District Evaluation and Statistical Analysis of the Crime Data Reported to the Miami Police Department Reporting Areas 11 8-119 Prepared for the City of Miami Planning Department by The wynwood Partnership Miami, Florida r (Revised 5/13/90) 90- 431 90- 432 Evaluation and Statistical Analysis The crimes of vandalism and theft from auto were analyzed separately from the previous analysis of murder, rape, purse snatch and robbery. Murder, rape, purse snatch and robbery are crimes that involve a personal confrontation between the offender and the victim. This confrontation is the most fear producing crime scenario and therefore has the most negative impact on economic viability of the wholesale/industrial area. Crimes that result in the loss of property to customers and workers in the area also have a significant impact on the economic viability. While these crime are less fear producing they do project a disorder and lack of security. These crimes are displayed graphically on a map of the area. -- This graphic representation of the crime locations indicates much the same phenomenon as was discussed regarding the previously analyzed crimes. Seventy-six (76) thefts from auto were reported to the Miami Police Department from January 1, 1989 through March 31, 1990, in police reporting areas 118, 119, 131, 132. Of these 76, 63 occurred south of NW =� 24 Street. Nineteen (19) occurred north of NW 24 Street. Seven (7) arrests were made for theft from auto. Two (2) of the offenders were white male juveniles. One lived in the Wynwood SNID, north of NW 24 Street. One lived east of the SNID. One (1) black male, 29 years old lived in the SNM, south of NW 24 Street. The rest of the arrested offenders were black males who lived south of Wynwood. Ninety-two (92) incidents of vandalism were reported to the N iami Police Department from January 1, 1989 through March 31, 1990, in police reporting areas 118, 119, 131, 132. Sixty-two (62) incidents of vandalism were reported to have occurred south of NW 24 Street. Thirty (30) incidents were reported north of 24 street. Six (6) offenders were arrested for vandalism. All arrested persons lived outside of the SNID. One (1) white male lived south of the SNID. One (1) white male lived west of the SNID. One (1) black male lived west of the SNID. Three (3) black males lived south of the district. All arrested offenders were adults. 90-- 431 90- 432 T T� T) I TA TA' TATA TAT TA' TA T z f— NW 29 Street V Vandalism Site TA Theft from Auto Site Crime site locations represent the total number of Grime locations reported to the Miami Police Department in the reporting areas 118, 119, 131, 132 for the period January 1, 1989 through March 31, 1990• 9 — 431 30- 432 Evaluation and Statistical AnalyEis Hard data provided by the City of Miami Police Department Crime Analysis unit was evaluated relative to the crime of murder, rape, purse snatch and robbery. These crime were reported to the Miami Police Department for incidents that took place from January 1, 1989 through March 31, 1990. A detailed examination was conducted of those crimes that were reported to have occured in the area from NW 28 Street south to NW 20 Street (police reporting areas: 118, 119, 131, 132) as this area was perceived to be the economic anchor of the Wynwood Safe Neighborhood Improvement District (SNID) and the most negatively impacted by crime. A map of the area examined is provided that displays the encroachment of crime from NW 20 Street into the commercial area to the north. Of the 132 persons arrested by the City of Miami Police Department for the crimes reported in the area from NW 20 Street to NW 24 Street (within the east / west boundaries of the Wynwood SNID) the following applies: Forty-five (45) arrested persons lived in the Wynwood SNID. Of these 45 arrested persons 42 lived south of NW 24 Street. Of the 42 who lived south of NW 24 Street; 10 listed addresses within the public housing located from NW 22 Street to NW 20 Street, and from NW 3 Avenue to NW 4 Court. Of the 45 arrested persons who lived within the Wynwood SNID 3 lived on or north of NW 31 Street. 90- 431 90- 432 D Mighty -seven (87) persons were arrested wG1ved outside the Wynwod SN1D. Of these 87 arrested persons,19 lived north of Wynwood; 4 lived east of Wynwood;15 lived west of Wynwood; and, 49 lived south of NW 20 Street. Conclusion: The hard statistical data collected on reported crimes in the Wynwood SNID supports the empirical data collected by the 'Wynwood Partnership. 90- 431 2 90- 434 anan p if56% P■w was su ■pi P! IWO t -- NW 29 street m ® Robbery Site m P Purse Snatch Site 0 N = R Rape Site M Murder Site Crime site locations represent the total number of crime locations reported to the Miami Police Department in reporting areas 118, 119, 131, 132 for the period January 1, 1989 through March 31, 1990. g Q _ 431 90- 432 3 Illegal Drug Use and its Impact on Crime When examining the relationship between crime and illegal drug use there generally is little or no reliable data upon which a cause and effect relationship can be established. Traditionally, researchers have used the numbers of narcotics complaints made to the police by citizens as a measure of narcotics use. There are many uncontrolled variables associated with the willingness of citizens to complain to the police about crime, especially when citizens are not the direct victims of crime. Anti -drug use campaigns may stimulate citizen complaints. Media "coverage" of the increase uses of illegal drugs and the increase in crime provides citizens sufficient suggestion to encourage reports to the police. Police use the number of arrests for possession or sale of illegal drugs as a measure of the actual number of citizens involved in the sale and use of illegal drugs. Normally, the measure of narcotics arrests to the incidences of crime is the '"best measure" available to help establish a relationship between the use of illegal drugs and crime. The number of uncontrolled variables associated with the number of arrests for the use of illegal drugs makes this a very tenuous measure of the suspected link between the use of narcotics and the incidents of crime. For instance, police task force operations that concentrate on illegal drug activity increase arrests, which distorts the over all measures of drug use and crime. The identification of an illegal distribution point, or "crack house", and increases of crime in close proximity to the drug distribution point can show relationships between illegal drug use, crime, and the environment. No such illegal distribution points were identified in the area studied. No reliable measure of the relationship between illegal drug use and the incidence of crime specific to the Wynwood SNID can be identified. However, a very reliable study was conducted by the National Institute of Justice from January, 1988 through December, 1988. This study determined the use of illegal narcotics by those persons arrested for crimes committed within the entire jurisdiction of the City of Miami. 90-- 431 90-- 432 While the results of these tests suggest a link between crime and illegal narcotics use for the entire City of Miami, the test results do have interesting implication foi the crimes evaluated by the Wynwood Partnership. Test results > 75% of all arrested persons tested, tested positive for at least one of the drugs for which the tests were conducted. ( opiates, marijuana, cocaine ) > 24% tested positive for two or more of the listed drugs. > 32% tested positive for the use of marijuana > 1 % tested positive for the use of heroin. > 64% tested positive for the use of cocaine. An analysis for each drug used was conducted relative to sex (male), age and race. A graphic display of the results follows. 90-- 431 90- 432 A 9 RACIAL. CHARACTERISTICS REL-ATIVE TO PERCENTAGE OF DRUG USE Connected Percentiles for columns: X I ... X 3 70 65 60 55 Cocain 0 50 o A Hispanic 45E3 White A Black 44 35 Marijuana Multiple Drugs 30 25 20 0 20 40 60 80 100 Percent i I e 90- 431 90-- 432 BREAKDOWN OE" RAC- IM- CHARACTER STIC) RELATIVE TO PERCENTAGE OF DPUG U;aE Connected Percentiles for column- Hispanic 6s Cocaine 60 s5 s0 n� o, 45 O Hispanic a ci 0 40 ee 35 Marijuana 30 25 Multiple Druos 0 20 40 60 80 100 Percent i l e �7 34 28J--, 0 Connected Percentiles for column: White D Cocaine 1 1�/1 SIN �G ul VV.2 20 40 60 80 Percent lie 0 White 90- 431 90- 432 BREAK DOWN OF RACIAL CHARACTERISTICS RELATIVE TO PERCENTAGE OF DRUG USE Em 11 E2 Connected Percentiles for column- Black 70, 65. Cocaine 60. 55. oil 50. in 45. A Black CD 40- 35 30. Mari jauna 25 201 MultIole Drugs 0 20 40 60 80 100 Percentile 90- 431 90- 432 Ib Chart Comparison of Racial Characteristics Relative to Percentage of Drug Use P 50 Percentiles Plot for column: White 48 46 Cocaine 44 a 42 40 38 Marijjuana 13 WhitE 36 c 34 32 30 Multiple Drugs 28 0 20 40 60 80 100 Percentile Percentiles Plot for column: Black 70 65 Cocaine 60 SS °J 50 o, 45 D Black L 40 � 35 30 Marijuana 25 Multiple Drugs 20 0 20 40 60 80 100 Percentile 90- 431 00- 432 AGE RANGE COMPARISON RELATIVE TO TYPE DRUG USE Connected -Percentiles for columns: X I ... x 5 BREAK DOWN OF AGE RANGE: / DRUG USE COMPARISON A 65 Co nected Perc ntiies for c2 Iumn: 15-22 yrs old Goca)ne 60 55 Marijuana 50 Q, 45 L 0 40 35 30 Multiple Drugs 25 0 20 40 60 80 100 0 15-20 yrs old 80 Co nected Perc ntf les for c lumn: 21-2 rs old Cocaine 70 60 d o, 50 L 40 30 Multiple Drugs Marijuana 20--- 0 20 40 60 80 100 E3 21-25 yrs old 00- 431 90- 432 } BREAK DOWN OF AGE P ANGE / DRUG USE COMPARI SON 55 Co netted Perc nttles for c lumn: 26-39 yrs old Cocaine 50 45 N 4d ca - Mari juana a 35 O 30 25 20 Multiple Drugs 0 20 40 60 80 100 A 26-30 yrs old 90 Co nected Perc nttles for column:, 31-3yrs old 80 Cocaine 70 N a, 60 0 0 50 40 30 Multiple Drugs Mari 20,�uana 0 20 40 60 80 100 4 31-35 yrs old 90-- 431 90-- 432 I 11 BREAK DOWN OF AGE RANGE / DRUG USE COMPARISON Connected 65 Per ge tiles for cqlvmrf9-,--46#� yLs; old Cocai e 60- 55 50. AS- 40 35. 30. 25 Mutt IpLe Drucis Marijuana 20 0 20 40 60 80 100 + 36- yrs old 90- 431 90- 432 11 PA PERCENTAGE OF DRUG USE 3Y ARRESTED PERSONS 15--20 YRS OLD Percentiles Plot for column: 15-20 yrs Old 65 Cocaine 60 Mart Juana 55 SO o+ 45 0 0 se 40 ss 30 Multiple Drugs 25 1 0 1 L 0 20 40 60 80 100 0 15-20 yrs old 90- 431 00- 432 PERCENTAGE OF DRUG USE BY ARRESTED PERSONS 2 1 -25 YRS OLD Percentiles Plot for column: 21-2.5 yrs old 80 Cocaine 70. 60 v v+ 50 0 40 gp Marijuana Multiple Drugs 20 1 [1-- - - 0 20 40 60 80 100 13 21-25 yrs old 9 0 -- 431 - 90- 432 Ift 4w PERCENTAGE OF DRUG USE BY ARRESTED PERSONS 31 --3 ; YRS OL.D Percentiles Plot for column: 31-35 yrs old g0 Cocaine s0 70 v in 0 60 LIZ s0 ' 40 30 Multtpte Drugs Marijuana 20 0 20 40 60 80 100 ❑ 3 1 -35 yrs old 90- 431 90- 432 MV MI Ei PrERCENTAGE OF DRUGS USE BY ARRESTED PERSONS S6+ YR S OLD Percentiles Plot for column: 36+ yrs old 65 Cocaine 60 55 50 co Q, 45 40 35 30 25 Multiple Drugs Marl juana 20 0 20 40 60 80 t00 Q 36+ yrs old 90 - 431 90- 432 dpk Mean: ANALYSIS OF OFFENDER AGE Xt: Age 11 Std. Dev.: Std. Error: Variance: DATA Coed. Var.: Count: 23.284 6.986 .717 48.801 30.002 95 Minimum: Maximum: Ra e: Sum: Sum of S r.: 0 Missing: 18 144 128 12212 IS43092 1134 Analysis of date associated with robberies and purse snatches reported to the Miami Police Department in reporting areas 118 and 119, for the time period January 1, 1989 through March 31, 1990. 90— 431 90— 432 46.061 Minimum: dpo. 12 ANALYSIS OF VICTIM AGE DATA X1: Age ad. Dev.: Std. Error: Variance: Coef. Var.: Coun 17.593 1.641 309.514 38.195 115 Razimum: Range: Sum: Sum of S r.: W 83 171 15297 279269 114 Analysis of data associated with robberies and purse snatches reported to the Miami Police Department in reporting areas 118 and 119, for the time period January 1, 1989 through March 31, 1990. 90- 431 01* 90- 432 4 4 a V 1 r,_. r_hart for column: X2 Age 11 %jUQM V avv, — ANALYSIS OF !OFFENDER AGE DATA iloAge 11 l�llll�lllhdlll�, � �ul��ld I IIIIIIIIillllll���ll�l6l Analysis of the data associated with robberiesndi purse snai t hes to the Miami police Department in reporting a for the time period January 1, 19s9 through March 31, 1990. 0 ANALYSIS OF VICTIM AGE DATA, .._- t%16-.4 a.,. column: X1 Age of the data associated with robberies anpurse ansnatches the Analysis in reporting to the Miami Police Department ough March 31 areas 1 ���. time period January 1, 1989 1 S ANALYSIS OF VICTIM AGE DATA scattergram }or column: X1 Age 90 OD QO 80 0 o OD OD o CO 70 000 Q � CD © ono CID �' 0 o 0 oD caD 60 an o �o cb OD o Age 1,5a % oo 0 0 OD o 0 0CD 40 0 �' ® OD O° OOD 00 o 0 sa 0 00 00 0CD 0 00 0 o Cc 20 oo 0 10 Observations of the data associated with robberies and purse snatches Analysis o the Miami police Department in reporting re chi3g, 199O.and i t 1, 1989 through for the time period January RJ ANALYSIS OF OFFENDER AGE DATA Scattergram for columns X2 Age If 45 0 m 40 M 35 30 M 25 20 C1 D El 15 IFE Ws •■ R [3Age li W C0 fl 13 0 i3 L7 o a ®Q o� m 0 13M oC3o0 93 Observallms i Analysis of the edata associated with robberies d1wand matches to the Miami police Department in reporting areas for the time period January 1, 1989 through March 31, 1990. SCATTERGRAM COMPARISON of: VICTIM/01FIFIEENI)FER AGE DATA scattergrarn for columns' XI --- X2 ODD 90 GD 43D 80 0 0 OD o OD 70 o 0 (ID ()DO 0 00 CDO C0 OD 60 0 0 0 0 0 0 Age Of victim 0 OWD am aD 0 U Age of offender 0 0 50 % 0 0 OD (ID 0 0 0 0 0 W ai l3CD M�Q 40 E3t3 OD CID (I)D (f' E13 0 0 W 13 0 0 WD 0 13 0 CD 0 cum 08 ❑nMMMIMPL-0-D-13 30 0 C13 0 0 13 o13 Gdxvep qpw W—'W%3 =%RY9 CU-- 20 WD CROO 0 10 Observations Analysis of the data of reported robberies and purse snatches lice Department in reporting areas 118 reported to the Miami Po and jig, for the time period January 1, 1989 through March 31, 1990. aim Ni;;b C4 W COMPARISON OF VICTIM 1 OFFENDER AGE DATA 95% Error Ears for Columns: X1 ... XZ RACIAL CHARACTERISTICS OF VICTIM X i : 8 - Vlcttm y - d. Dev.: Std. Error: variance: Coef. var.: Count: 0 0 0 39 1ximurn: Range: Sum: Sum of Sor.: : Miss! 0 ?n 39 197 X2 : w - Mean: Std. Dev.: Std. Error: Victim Variance: Coef. Var.: Count: 1 0 0 0 0 191 Minimum: Maximum: Ranae: Sum: Sum of Sor.: It Missing: L1 0 191 191 45 90- 43.1 90- 43,E 11 RACIAL_ CHARACTERISTICS OF VICTIM Histogram or: Black Victim 40 3S 30 25 0 20 13 black Vic... v IS 10 5 0 x Element 2 Element Histogram of: White Victim 200 180 160 140 120 0 10o E3 white Vic... iJ 80 60 40 20 0 x Element 2 Element 90-- 431 90- 432 RACIAL_ CHA.RACTE tISTiC S OF OFFENDER __ X i : 6 -- Offender __ . .ount: 177 X 2 : W - Offender Mean: Std. Lev.: Std. Error: variance: Coef..Var.: I Count: 1 0 0 0 0 a5 Minimum: Maximum:y Ranae: Sum: Sum of Sor.: Missina: 0 45 45 i91 90- 431 90- 432 t RACIAL CHARACTERISTIC-) OF OFFENDER Histogram of: Black Offender 180 160 140 120 100 ❑ Black Often... u 80 60. 40 20. 0 x Element Histogram of: White Offender 50 45 40 35 30 3 25 ❑ White Off en... 20 15 10 5 0 x Element 90- 431 90- 432 SEXUAL CHARACTERISTICS OF VICTIM X 1 : female - Victim Mean: Std. Dev.: Std. Error: Variance: Coef. var.: Count: ' 0 0 0 0 152 Minimum: Maximum: Rance: Sum: Sum of Sar.: Nis, 1 1.152 i52 139 X2 : male - Victim Mean: Std. Dev.: Std. Error: Variance: Coef. Var.: Count: 1 0 0 0 0 78 Minimum: Maximum: Ranae: Sum: Sum of Sor.: : Missi 1 Ll 0 78 78 213 9 0 =-,, 431 90- 432 51EYUAL CHARACTERISTICS OF VICTIM Histogram of: Female victim 160 140 120 100 0 80 E3 female victim v 60 40 20 0 x Element 2 Element Histogram of: Male victim 80 70 60 50 40 0 male Victim u 30 20 10 0 x Element 2 Element 90-- 431 90- 432 SEXUAL CHARACTERISTICS OF OFFENDER X 1 ; female - OffeRritr lean. Std. Dev.: Std. Error: variance: Coef. Var.: Coun i 0 0 0 0 9 Iinimum: Maximum: Ranae: Sum: Sum of Sar.: s Mi 1 1 0 9 9 T82 Mean 1 Minir F Std. D�ev Ma�ximurur X2 : male - Offender Std. Error: Variance: 10 0 Ranae: Sum: 0 213 Coef. Var.: ._� Count: 10 213 Sum of Sor.: : MIS! 213 78 90- ,431 90- 432 4w SEXUAL_ CHARACTERISTICS OF OFFENDER Histogram of: Female Offender 10 9 8. 6 0 S Q female Often.., u 4 3 2 1 0 x Element Histogram of: Male Offender 225 zoo 17s 150 t 25 [3 male Offender u 100 75 SO 25 G x Element 90- 431 90- 432 COMPARISON OF PURSE SNATCH AND ROBBERY CRIMES 1-7 Bar Chart of Column Means: X 1 ... X 2 2 1.8 1.6 1.4 1.2 Ln c 1 .8 .6 .4 .2 0 purse snatch - Crime robbery - Crime Columns 90- 431 90- 432 i City of Miami Crime Prevention Through Environmental Design Technical Assistance Component for The WynWood Safe Neighborhood Improvement District Evaluation and Statistical Analysis of the Crime Data Reported to the Miami Police Department Reporting Areas 131-132 Prepared for the City of Miami Planning Department by The W ynwood Partnership Miami, Florida 1.1 (Revised 5/13/'90) 90- 431 90- 432 LI r] El Evaluation and Statistical Analysis The crimes of vandalism and theft from auto were analyzed separately from the previous analysis of murder, rape, purse snatch and robbery. Murder, rape, purse snatch and robbery are crimes that involve a personal confrontation between the offender and the victim. This confrontation is the most fear producing crime scenario and therefore has the most negative impact on economic viability of the wholesale/industrial area. Crimes that result in the loss of property to customers and workers in the area also have a significant impact on the economic viability. While these crime are less fear producing they do project a disorder and lack of security. These crimes are displayed graphically on a map of the area. This graphic representation of the crime locations indicates much the same phenomenon as was discussed regarding the previously analyzed crimes. Seventy-six (76) thefts from auto were reported to the Miami Police Department from January 1, 1989 through March 31, 1990, in police reporting areas 118, 119, 131, 132. Of these 76, 63 occurred south of NW 24 Street. Nineteen (19) occurred north of NW 24 Street. Seven (7) arrests were made for theft from auto. Two (2) of the offenders were white male juveniles. One lived in the Wynwood SNID, north of NW 24 Street. One lived east of the SNID. One (1) black male, 29 years old lived in the SNID, south of NW 24 Street. The rest of the arrested offenders were black males who lived south of Wynwood. Ninety-two (92) incidents of vandalism were reported to the Miami Police Department from January 1, 1989 through March 31, 1990, in police reporting areas 118, 119, 131, 132. Sixty-two (62) incidents of vandalism were reported to have occurred south of NW 24 Street. Thirty (30) incidents were reported north of 24 street. Six (6) offenders were arrested for vandalism. All arrested persons lived outside of the SNID. One (1) white male lived south of the SNID. One (1) white male lived west of the SNID. One (1) black male lived west of the SNID. Three (3) black males lived south of the district. All arrested offenders were adults. 9()_ 431 90- 432 Evaluation and Statistical Analysis Hard data provided by the City of Miami Police Department Crime Analysis unit was evaluated relative to the crime of murder, rape, purse snatch and robbery. These crime were reported to the Miami Police Department for incidents that took place from January 1, 1989 through March 31, 1990. A detailed examination was conducted of those crimes that were reported to have occured in the area from NW 28 Street south to NW 20 Street (police reporting areas: 118, 119, 131, 132) as this area was perceived to be the economic anchor of the Wynwood Safe Neighborhood Improvement District (SNID) and the most negatively impacted by crime. A map of the area examined is provided that displays the encroachment of crime from NW 20 Street into the commercial area to the north. Of the 132 persons arrested by the City of Miami Police Department for the crimes reported in the area from NW 20 Street to NW 24 Street (within the east / west boundaries of the Wynwood SNID) the following applies: Forty-five (45) arrested persons lived in the Wynwood SNID. Of these 45 arrested persons 42 lived south of NW 24 Street. Of the 42 who lived south of NW 24 Street; 10 listed addresses within the public housing located from NW 22 Street to NW 20 Street, and from NW 3 Avenue to NW 4 Court. Of the 45 arrested persons who lived within the Wynwood SNID 3 lived on or north of NW 31 Street. i !JO - 431 90- 432 AWL 1-7 Eighty-seven (87) persons were arrested wfi-a =lived outside the Wynwod SNID. Of these 87 arrested persons,19 lived north of Wynwood; 4 lived east of Wynwood;l.S lived west of Wynwood; and, 49 lived south of NW 20 Street. 0 Conclusion: The hard statistical data collected on reported crimes in the Wynwood SNID supports the empirical data collected by the Wynwood partnership. K 90- 431 90- 432 Illegal Drug Use and its Impact on Grime When examining the relationship between crime and illegal drug use there generally is little or no reliable data upon which a cause and effect relationship can be established. Traditionally, researchers have used the numbers of narcotics complaints made to the police by citizens as a measure of narcotics use. There are many uncontrolled variables associated with the willingness of citizens to complain to the police about crime, especially when citizens are not the direct victims of crime. Anti -drug use campaigns may stimulate citizen complaints. Media "coverage" of the increase uses of illegal drugs and the increase in crime provides citizens sufficient suggestion to encourage reports to the police. '® Police use the number of arrests for possession or sale of illegal drugs as a .,� measure of the actual number of citizens involved in the sale and use of illegal drugs. Normally, the measure of narcotics arrests to the incidences of crime is the "best measure" available to help establish a relationship between the use of regal drugs and crime. The number of uncontrolled variables associated with the number of arrests for the use of illegal drugs makes this a very tenuous measure of the +` suspected link between the use of narcotics and the incidents of crime. For instance, police task force operations that concentrate on illegal drug activity increase arrests, which distorts the over all measures of drug use and crime. The identification of an illegal distribution point, or "crack house", and increases of crime in close proximity to the drug distribution point can show relationships between illegal drug use, crime, and the environment. No such illegal distribution points were identified in the area studied. No reliable measure of the relationship between illegal drug use and the incidence of crime syecif c to the Wynwood SNID can be identified. However, a very reliable study was conducted by the National Institute of Justice from January, 1988 through December, 1988. This study determined the use of illegal narcotics by those persons arrested for crimes committed within the entire jurisdiction of the City of Miami. g 3 90- 432 While the results of these tests suggest a link between crime and illegal narcotics use for the entire City of Miami, the test results do have interesting implication for the crimes evaluated by the Wynwood Partnership. Test results > 75% of all. arrested persons tested, Tested positive for at least one of the drugs for which the tests were conducted. ( opiates, marijuana, cocaine ) > 24%n tested positive for two or more of the listed drugs. > 32% tested positive for the use of marijuana > 1 % tested positive for the use of heroin. > 64% tested positive for the use of cocaine. An analysis for each drug used was conducted relative to sex (male), age and race. A graphic display of the results follows. 90— 431 90— 432 RACIAL CHARACTER 15TIC, PEI-ATIVE TO PERCENT AGE OF DRUG 1.15E 90- 431 90- 432 11 BREAK DOWN OF RACIAL_ CHARACTERISTICS) RELATIVE TO PERCENTAGE OF DRUG USE Connected Percentiles for column• Hispanic O Hispanic 0 20 40 60 80 100 Percentile Connected Percentiles for column: White s0 48 Cocaine 46 44 42 d 40 C! White 0 38 Marijuana 36 34 32 30 28 Multiple Drugs 0 20 40 60 80 100 Percentile uu- 431 90- 432 BREAK DOWN OF RACIAL CHARACTERISTICS RELATIVE TO PERCENTAGE OF DPUG USE IM 6 Connected Percentiles for column: Flack 70- 65- Cocaine 60. 55, d) 50. (n M 45 A Black 40 se 35. 30. Marijauna 25 Multiple Drugs 20 0 20 40 60 80 100 Percentile 90- 431 0 90- 432 Chart Comparison of Racial Characteristics Relative to Percentage of Drua Use Percentiles Plot for column: Hispanic 65 60 Cocaine 55 50 o, 45 E3 Hispanic ca 40.Marijuana 0 35 30 Multiple Drugs 25 0 20 40 60 80 100 Percentile Percentiles Plot for column: White 50 48 46 Cocaine 44 N 42 7 38 Marijuana p White 36 0 34 if- 32 30 Multiple Drugs 28 L - 0 20 40 60 80 100 Percentile Percentiles Plot for column: Black 70 65 r"1 Cocaine 60 55 n 50 o, 45 E 40 35 .- Marijuana 30 25 Multiple Drugs F1 20 0 20 40 60 Percentile Q Black U0- 431 906 432 0 ; AGE RANGE COMPARISON RELATIVE TO TYRE DRUG i DE Connected Percentiles for columns: X 1 ... X 5 g 0 �- -- 80 70 O 15-20 yrs old 60 ❑ 21-25 yrs old c A 26-30 yrs old o © 31-35 yrs old s� 50 + 36• yrs old 40 30 20 0 20 40 60 80 100 Multiple Drugs Marijuana Cocaine 90- 431 90- 432 0 BREAK DOWN OF :!AGE RANGE i DRUG USE COMPARISON 65 Co nected Percentiles for c lumn: 15-29 yrs old Cocaine 60 55 Marijuana 50 n Cn 45 0 40 se 35 30 Multiple Drugs 25 0 20 40 60 80 100 O 15-20 yrs old 80 Co nected Perc nttles for c lumn: 21-2 rs old Cocaine 70 60 a Q, 50 0 40 30 Multiple Drugs Marijuana 20 0 40 60 80 100 0 21-25 vrs old 90— 431 90— 432 55 Co nected Perc ntlles for c lumn: 26-3yrs old Cocaine 50 45 a 40. Marijuana c- 0 35 0 30 25 Multiple Drugs 20 0 20 40 60 80 100 A 26-30 yrs old g0 Co nected Perc ntiles for c2lumn:-.31-35 yrs old Cocaine SO 70 a Ln o, 60 0 0 50 40 30 Multiple Drugs Mari_I uana 20 0 20 40 60 80 100 0 31 -35 yrs old 90- 431 90- 432 Connected Percentiles forc lumnl.--36* YCs old Cocas e 60 55 50 45 40 0 " 35 se 30 25 Multip a Drucs Marijuana 20 0 20 40 60 80 100 36• yrs old C 90-- 431 90- 432 PERCENTAGE OF DRUGUSE BY APPESTED PERSONS 15-20 YRS OLD Percentiles Plot for column: 15-20 yrs old 65 Cocaine 60 Mari Juana 55 50 d 45 0 0 se 40 35 30 Multiple Drugs 25 - R - --- .-- I I ' -- --- - I I * 0 20 40 60 80 100 Q 15-20 yrs old 11 90- 431 90- 432 PERCENTAGE OF DRUG USE BY ARRESTED PERSONS 21 --25 YRS OLD Percentiles Plot ror column: 21-25 yrs old 80 - — cocaine 70 60 Ln an 50 o 40 30 Marijuana Multiple Drugs 20 0 20 40 60 80 100 ❑ 21-25 yrs old 90- 431 90-- 432 11 E PERCENTAGE OF DRUG USE BY ARRESTED PERSONS 3 1 -.3SS YRS OLD Percent ttes Plot for column: 31-35 )ors old 90 Cocaine $0 70 N 0 60 0 50 40, 30 Multiple Drugs Marijuana 20 0 20 40 60 80 100 CI 31-35 yrs old 90- 431 90- 432 PERCENTAGE OF DRUG USE BY ARRESTED PERSONS 36+ YRS OL_D _ 54N W Percentiles Plot for column: 36t yrs old 65 Cocaine 60 55 SO N N J Q, 45 0 0 40 35 30 25 Multiple Drugs Marijuana 20 0 20 40 60 80 100 C] 36• yrs old 90- 431 90- 432 -,7 ,,t i �, ° 1-.:k�-r h �tr, �;•. �. tx-*!.r, t..-` ..y, k . ^� ,.:•..,k x: i., k��-.,x a2..K.�;.' ii ,� �ic:�>k' _ .kt.. i -.iw: .•:?:_.�_.�E,�.luk.. .L.. ; 4 ANALYSIS OF VICTIM AGE DATA X2: Ago - Aean: Std. ©ev.: Sid. Error: Variance: Coef. Var.: Count: 37.795 16.044 .607 257.423 42.451 698 — Ainimum: Maximum: Range: Sum: Sum of S r.: X Missin : 1 87 86 26381 1176,497 1713 Analysis of the data associated with robberies and purse snatches to the Miami Police Department in reporting areas 131 and 132, for the time period January 1, 1989 through March 31, 1990. 90- 431 90- 432 ANALYSIS OF OFFENDER AGE DATA, XI: Age11 = Aean: Std. Dev.: Std. Error: Variance: Coef. Var.: Count: 23.039 8.09 .342 65.453 35.115 558 Ainimum: Maximum: Ra e: Sum: Sum of S r.: Missing: 13 74 61 12856 332652 853 Analysis of the data associated with robberies and purse snatches to the Miami Police Department in reporting areas 131 and 132, for the time period January 1, 1989 through March 31, 1990. 90- 431 90- 432 - H. w ea Z%:� Pab- BAR CHART OF VICTIM AGE DATA Rar Chart for column: X1 Age Analysis of the data associated with robberies and purse matches reported to the Miami Police Department 989 eportth 4ulgh March 31ng areas 1 1990, and 132, for the time period ,January 1, 8 7 m BAR CHART OF OFFENDER AGE DATA arse gnatches Analysis of the data associated vvitt+ renba�e( porti 9 areas 131 reported to the Miami Police anuDepar#m and 132, fo r the time period �yanoary 1, 1989 through March 31 � �' 9 8 7 6 5 A 3 1 .1 SCATTERGRAM OF VICTIM AGE DATA seattergram for coiunnn: X1 Age 0+ co W CC ,) t � W FEE CAjoervalful l* Analysis of the data associated with robberies and purse snatches reported to the Miami Police Department in reporting areas 131 and 132, for the time period January 1, 1989 through March 31, 1990. SCATTERGRAM QE OFFENDER AGE DATA scattergram for column: X2 Aga tl is purse snatches ofi the data associated with robberies P���n� areas 1�i Analysis reported to the Miami police Department 1, 1989 through March 31, 1330. and 132� for the time P I ��, * � �1«,f, i • •• �� , �11 iar ti to �a. • � • '� • t� �`a`�ari4:� �'! � �,'. i) ,` � � ��1. �'� w'r � 1 ..",►. ` �a�1'i 1 • r� 1` t r � fi �11 • t.•.: n!t '11 1� • � �' �.* .• SIR'` COMPARISON OF VICTIM / OFFENDER AGE DATA 00M. 9:►rr%r RAM 4nr rA%lff.rwr... Yt ve RACIAL CHAP ACTERIST I CS OF VICTIrl X 1: 6 - Victim Mean: Std. Dev.: Std. Error- Variance: Coef. Var.: Count: 10 — - 1 0 q —''----To Minimum: Maximum: Ranae: Sum: Sum of Sar.: = Missl I 0 229 1 2^9 4 1 610 11 X 2 : W - -Mean: Std. Dev.: Std. Error: Victim Variance: Coef. Var.: Count: 10 10 10 10 1464 Minimum: Maximum: Ranae: Sum: Sum of Sar.: Missinc: 10 1464 1464 375 I 90- 431 90- 432 5FXUAL CHARACTERISTICS OF VICTIM Histogram of: Black Victim 250 225 200 175 150 0 125 ❑ Black Vic... u 100 75 50 25 0 x Element Histogram of: White Victim 500 450 400 350 300 0 250 ❑ White Vict... u 200. 150 100 50 0 x Element 90-- 431 90- 432 RACIAL CHAPACTEP15TICS OF OFFENDEP Y. x -- pace Mean: Std. Dev.: Std. Error: variance: Coef. Var.: C our 0 0 Minimum: Maximum: -Panqe: 0 Sum: Lo1 Sum of Sar.: = Mi II 1 1 0 1605 1 605 . 1 0 Mean: Std. Dev.: X2 :W- x- Race Sta. Error: variance: Coef. V - 10 10 10 10 Minimum: Maximum: Panae: Sum: Sum of 12 12 10 140 Sa 120 ", tlissin E58 5 90- 431 90- 432 �F Y1 I A RACIAL CHARACTERISTICS OF OFFENDER f- Histogram of: Mack Offender 700 600 500 400 C o Ct Black Race " 300 200 100 0 B W Element Histogram of: White Offender 22.5 20 15 C 10 ❑ White Race 5 0 E3 W Element 9b-- 431 90- 432 13 21. 11 ANALYSIS OF RAW DATA FOR PURSE SNATCHEVROBBERY REPORTED IN POLICE REPORTING AREAS 118 AND 119 90- 431 90- 432 Crime Uictim Offender Race Sep Age Aye II purse snatch H =-9- female 27 • • }{ r ® • 3 • H • W female 33 • 4 • H • W female 68 • 5 • • H B male • 20 6 ! H • W female 45 R 7 • • H B male • 21 8 • H • W female 65 • 9. • • H B male • 20 10 ° H • 8 female 54 • 11 ' • H B male • 30 12 " H • 8 female 54 • 13 • • H 8 shale • 30 14 • H • W female 66 • 15 • • H 8 male • 17 16 ° H • W female 62 • 17 • • H 8 male • 17 is • H • W female 37 • 9 • • H 8 male • 19 7b • H • W male 44 • 21 • H • W female 41 • 22 • • H • . • • 23 • H • W female 21 • 24 • • H W male • 43 25 • H • W female 26 • 26 • • H W male • 43 27 • H • W male 21 • 28 • • H W male • 39 29 • H • W male 26 • 30 • • H W male • 39 311 H • W male 39 • 32 • • H W male • 44 33 • H • W male 39 • 34 • • H 8 male • • 35 robbery H • W male 40 • 36 • w H • • • • 37 • H • W female 52 • 39 • H • B male 49 • 40 • • HI BI male • 26 0_ 432 Crime Uicfim Offender Dace Se" fige Age II H • U— male 33 •. • • H W male 33 131 H • W female 12 • 44 • • H W male • 33 45 • H • W male 23 • 46 • • H W male • 12 47 • H • W male 33 • 48 • • H W male d 42 49 ' H • W male 14 • 50 • • H B male • 23 51 • H • W female 49 • 52 • • H B male • 19 53 • H • W female 44 • 54 • • H B male • i8 55 • H • W male 59 • 56 • • H B • • 16 57 • H • W female 20 • 58 • • H B female • 36 9 • H • W female 50 • 0 • • H B male • 20 61 tt • W female 40 • 62 A • H B male • 35 63 • H • W male 63 • 64 • • k B male • 24 65 • H • W female 63 • 66 • • H B male • 24 67 • H • W female 48 • 68 • • H B male • 25 69 • H • W female 63 • 70 • • H B male • 25 71 • H • W male 55 • 72 • • H B male • 25 73 • H s W female 77 • 74 • • H B male • • 75 • H • W female 51 • 76 • • H B male • 20 77 • H • Ili female 59 • 18 • • H B male • 22 79 • H • W female 55 • 80 • • H BI male of 22 ov- %�OL 90 -- 432 Crime uI ctim Offender Race se" Age Rge 11 2 � . 40 female 65 ,� w • H B male 16 3 84 . • • . H 0 B female male 26 • • 33 S5 • H • W female 47 • 86 . • .• H B male • a 87 • H • W female 77 • 88 • • H B male • 25 89 • H • W female 28 • 90 • • H B male • 20 91 • H • W female 55 • 92 • • H B male • 20 93 . H • W female 54 • 94 • • H B male • • 95 • H • W female 43 • q6 • • H B male • • 97 • H + W female 43 • 98 • . H 8 male • 20 jaq 1" �p • . H . + e W B male male 35 • • • 101 • H • W male 35 • 102 • • H B male • • 103 • H • W female 66 • 104 • • H B male • 20 105 • H • W female 66 • 106 • • H B male * 18 107 • H • W male 0 108 • • H W male • 20 109 • H • W male 60 • 110 • • H W male • 20 111 • H • W female 80 • 112 • • H B male • 20 113 • H • W female 80 • 1141 H B male • 20 115 • H • B female 52 • 116 • • H B male • • 17 • H • B female 52 • 481 • H W male • 25 1191 • H • W female 56 • 1201 H B male • .1a& 2i A a A 1 v -- 0L- 4 3 2 I~rime_ Uiclim Offender Race Sett 8ge Age II K W_ -female 56 • • _ • H B male • 27 _3 • _ H W male 83 • 124 • • H B male • 20 125 a H • W male 83 • 126 • • x B male • 20 127 • H • W female 59 • 128_1 • H B male • 18 129 + H • W female 59 + 130 • « H B male • 18 131 • H • B male 34 + 1321 • H W male • 20 133 • H • B male 34 • 134 • • H W male • 20 135 • H • W female 43 • 1361 • H B male • 20 137 • H • W female 43 • 138 • • H B male • 20 s..�g • H « B male 24 • . .0 • • H W male • 18 141 • H • W male 1 38 • 142 • + H B male • 16 143 • H • W male 38 • 144 • • H B male • • 145 • H • B female 25 • 146 • • H B male • 16 147 • H • B female 25 • 148 + • H B male • « 149 • H + W female 61 0 150 • • H B male • • 151 • H • W female 61 • 152 + • H B male • • 153 • H • W female 59 • 154 + • H B male • 18 155 « H • W female 65 + 156 • • H B male • 18 .57 • H • W female 65 • .18 • « H B male • 18 159 • H + W female 30 160 *1., • x B I male • 20 90- 43190-- 432 fr-ime Offender -Rnce Sep Age age li _ H -W,. female MOM 30 • 17 3 • • - 8 female 30 164 • • H 8 male • 17 165 • H • W female 26 • 166 • • H 8 male • 20 167 • H • W female 59 • 168 • • H 8 male • 18 169 • H • W male 30 170 • + H + • • 20 171 • H • W male 33 • 172 • • H W male + 35 173 • H • 8 female 18 • 174 • • H B male • 20 175 • H • W male 33 • 176 • • H • • • • 177 • H • 8 male 36 • 178 • • H 8 male • • 179 • K • W male 40 • + + H 8 male • 30 181 • H • 8 female 18 • 182 • • H 8 male • 30 183 • H • 8 female 18 • 184 • • H 8 male • 20 185 • H • W female 52 • 186 • • H B male • 20 187 • H • W male 30 • 1881 H 8 male • 20 189 • H • W male 401 • 190 • • H B male • 20 191 • H • W female 52 • 192 • • H • • • 20 193 • H • W male 62 • 94 • • H B male • 20 195 • H • W female 51 • 196 • • H B male • 20 97 • H • W female 51 • a • • H B male • 20 199 • H • W female 51 • 200 • • H • • + 20 431 �C V 432 Crime uIctim Offender Rare Seta RgIe _ A4e 1 t "" ll mele 62 + H • • ,� 2 Q )3 + H W male 62 204 • . B male • 20 205 • H • W female 26 206 • + H B male • 21 207 • H • W female 49 + 208 • • H B male • 21 209 s H • W female 49 • 210 • • H . • . 18 211 • H • W female 49 • 212 • • H . • • 28 213 ° H • W female 26 + 214 • • H 8 male • 18 215 • H • W female 26 • 216 • • H B male • 28 217 ' H • W female 21 • 218 • • H B male • 21 7,19 ' 0 ' H • W female 21 • A ' • H B male • 18 2211 H • W female 21 • 222 ' ° H 8 male • 28 223 • H • W female 80 • 224 + • H 8 male + 21 225 . H • W female 80 • 2261 • • H 8 male + 18 227 ' H • W female 80 • 228 • • H 8 male • 28 229 • • • s 1 • • . 00- 431 90- 432 Off en -se Status of Indiuldual Race Se H nge murder _ uic#inn black male 50 offender white male 49 3 rape uictiwn white female 23 4 offender black male 33 S • ulctlwn black female 30 6 * offender black male 18 7 • uictiwn black female 30 S Of offender black I male 1 161 W = r 90- 431 90- 432 ANALYSIS OF RAW DATA FOR MURDER/RAPE REPORTED IN POLICE REPORTING AREAS 118 AND 119 90- 431 90- 432 Offense Status of IndhPiduni Dace Sen Age 1 murder victim tuhit�e.: male 21 2 offender block male 31 3 murder victim white male 66 4 • offender black male 25 5 • offender black male 30 6 • offender black male • 7 rape victim black fem... 30 8 • offender black male 42 9 rape victim black fem... 31 10 • offender black male 33 11 rape uictim white fem... 1 12 • offender • • • 13 rape victim black fem... 42 14 • offender black male 25 15 rape ulctim black fem... 2 16 • offender • • • 17 rape ulctim black fem... 15 18 • offender black male 31 19 rape ulctim white fern... 37 20 • offender black male 25 21 rape victim white fern... 27 22 • offender white male 22 23 rape victim black fem... 17 24 • offender black male 25 25 rape uictim white fem... 50 26 • offender black male 35 27 rape victim black fem... 30 28 • offender black male 33 29 rape victim black male 5 30 • ulctim black fem... 31 31 91 offender black male 31 32 rape ulctim black fem... 26 33 • victim black male 9 34 • offender black male 15 35 murder victim black male 21 36 • offender black male 31 37 • uictim white male 66 38 • offender black male 25 39 • offender black male 30 40 • offender black male • 90- 431 90- 432 [lffen a Stotus of Indiiaidual llnce Sell Rae rope uictim bloc fern... 30 42 offender black male 42 43 + ulctim black fern... 31 44 + offender black male 33 45 • uictim black fem... 13 46 • offender black male 33 47 + ulctim white fem... 15 48 • offender black male 30 49 • ulctim white fem... i 501 offender • • + 51 • uictim black fem... 42 52 • offender black male 25 53 • uictim black tem... 2 S4 • offender • • • 55 • uictim black fem... 21 56 • offender • • • 57 • uictim white tem... 37 58 • offender black male 25 59 • uictim white tem... 27 60 • offender white male 22 611 • uictim black tem ... 17 62 • offender black male 25 63 • uictim white fem... 50 64 • offender black male 35 65 • victim black fem... 37 661 • offender black male 25 671 • uictim black fem... 38 681 • offender black male 33 691 • uictim black fem... 38 70 • offender black male 28 71 • • • s • 72 • • . • • 73 • • • • • 741 • • • • 90- 431 * 90-- 432 13 7m ANALYSIS OF RAW DATA FOR PURSE SNATCHES REPORTED IN POLICE REPORTING AREAS 131 AND 132 90- 431 90w 432 1 Crime _ Uictjm Offender. _ Rnce SPH Age Age 11 1 purse snatch 8 female 25 • 2 purse snatch • H 0 male • 30 3 purse snatch H w female 50 • 4 purse snatch • H B male • 16 5 purse snatch H • W I female 38 • 6 purse snatch • H B male • 26 7 purse snatch H • B female 21 • 8 purse snatch • H B male • 26 9 purse snatch H • W female 63 • 10 purse snatch Is B male • 21 11 purse snatch H • W female 35 + 12 purse snatch • H B male • 20 13 purse snatch H • B female 20 • 14 purse snatch • H B male • • 15 purse snatch H • W female 74 • 16 purse snatch • H B male • 15 17 purse snatch H • W female 46 • 18 purse snatch • H 6 male • 18 19 purse snatch H • W female 16 • 20 purse snatch • H B male • 18 21 purse snatch H + W female 48 • 22 purse snatch • H B male • 20 23 purse snatch H • W female 64 • 24 purse snatch • H B male • 16 25 purse snatch H • W male • 45 26 purse snatch • H B male • 20 27 purse snatch H • W female 40 • 28 purse snatch • H B male • 30 29 purse snatch H • W female 40 • 30 purse snatch • H 8 male • 20 31 purse snatch H • W female 40 • 32 purse snatch • H B male • 20 33 purse snatch H • W female 40 • 34 purse snatch • H B male • 20 35 purse snatch H • W female 40 • 36 purse snatch • H B male • 20 37 purse snatch H • W female 33 • 38 purse snatch • H B male • 18 39 purse snatch H • W female 33 • 40 purse snatch • Hj B I male • 18 432 CrlmQ .__ Ificiirn offender FaceeH AgeAge II 41- 42 purse snatch purse snatch • • H -W 8 female male 33 • ' 18 43 44 45 46 robberl robber robbery robber H • N • H • H 8 _ 8 Ill B male male female male 29 • 42 • ' • 22 • 22 47 robberM H • W female 33 • 48 robbery • H B male • 13 49 robberg H • B male 45 • 50 robber • H B male • 38 51 robbery H • ill female 27 • 52 robbery • H . ' ' ' 53 robbery H • B male 26 • 54 robbery • H • ` ` ' 55 robbery H • W female 40 • 56 robbery • H 6 male • 38 robbery H • B male 31robber • Hrobber H • Ill female 46 157 robber H ' robber H • IU female 32 robbery H • • ' 63 robbery H • W female 43 • 64 robbery • H • ' ' ' 65 robbery H • 8 male 41 • 66 robbe • H B male • 25 67 robbeg H • B male 41 • 68 robberM • H B male • 30 69 robbery H • W female 27 • 70 robbery • H B male • 18 71 robbeg H • W male 60 • 72 robbery • H B male • 27 73 robbery H • W female 55 • 74 robbery • H B male • 18 75 robbery H • W female 52 • 76 robbery • H 8 male • ' 77 robbery H • W female 28 ' r 78 robbery H 8 male • 25 79 robbery H • B male 45 • 80 robbery • H B male • 20 90- MI 432 Crime 11101M AffP-nder Race Sett 8ge 8ge II .81 _ robber _ u _ • _ � IIJ male 70 _ 82 robbery * H B. male 35 83 84 robber robberM H • H W B male male 61 * • • 85 robbery H B male 47 • 86 robbenj H B male • 27 87 robberM H • W female 26 • 88 robbery • H B male • 20 89 robbery H • B female 32 • 90 robbery • H B male + 20 91 robbery H • B female 32 • 92 robbery • H B male 28 93 robbery u • W female 29 • 94 robbery • u B male • 20 95 robbery H • W male 61 • 96 robberg • H B male • 20 97 robbery H • W female 68 • 98 robbery • H 8 male • • 99 robbery H • W male 19 • r 100 robbery • H W male • 19 101 robbery H • W female 33 • 102 robberM ® u B male • 30 103 robbery H • W female 30 • 104 robbery H B male • 30 105 robbery H • W female 30 • 106 robbery • H B male • 30 107 robbery H • W female 62 • 108 robberg H B male • 29 109 robbery H • W female 21 110 robbery H B male • 20 III robbery H • B female 31 • 112 robbery H B male • 29 113 robbery H • W female 18 • 114 robbery • H B male • 20 115 robbery H • W female 36 + 111160 robbery • H B male a 20 117 robbery H • W female 44 • 118 robbery • u B male • 26 119 robbery H • B male 59 • 120 robbery • H B male • 21 90- 43190- 432 Crime victim Offender #once Sett Age Rge 11 2 i ro bery to ,_ _ all male 78 • 122 123 robbery robbery ® x x • 8 W male female • 44 20 • 124 125 robbery robbery • x x • B W male female • 71 20 • 126 robbery.• x B mole • 17 127 robbery x • W male 70 • 128 robbery x B male • 18 129 robber s; • W female 43 • 130 robbery x B male • 23 131 robbery x • W female 44 • 132 robbery • x B male • 23 133 robbery x • W female 50 • 134 robbery • x B gale • 18 135 robbery x • W female 22 • 136 robbery • x B male • 22 137 robbery x • B female 30 • 138 robbery • x B male • 20 139 robbery x • W female 29 • - 140 robbery • x B male • 25 141 robberm x • W female 28 • 142 robbery • x B male • 15 143 robbery x • W female 30 • 144 robbery, x B male • 21 145 robbery x • B male 29 • 146 robbery • x B male • 21 147 robbery x • B male 29 • 148 robbery • x B male • • 149 robbery x • W female 33 • 150 robbery • x B male • • 151 robbery x • W female 51 • 152 robbery • x B male • 20 153 robbery x • W female 35 • 154 robbery • x B male • • 155 robbery x • W male 34 • robber • x 8 male • 23 F156 157 $158 robbery robbery H • • x W B female male 67 • • 18 159 robbery x • W male 61 • i60 robbery • HI B male • 23 431 90— 432 Crime Uictim Offender ROEP S e H Age Aye 11 1161- i 62 163 164 165 166 robber robber robbery robberM robbery robberM H • H H • _ H « H • H r_W B w B W 8 female male male male male male 72 �, 57 • 46 + • 201 • 23 • 17 167 robbery H • W male 25 • 168 robbery • H B male + 20 169 robber H « W female 38 • 170 robbery H B male • 17 171 robbery H • 8 female 40 172 robbery • H B male • 18 173 robber H • W female 33 • 174 robbery • H B male • 23 175 robbery H • W female 34 • 176 robbery • H B male • 1 18 177 robbery H • W female 33 • 178 robbery • H B male • 26 179 �- 180 robbery robbery H • • H W B female male 63 • + 25 181 robbenj H • W female 33 182 robbe + H B male • 22 183 robbery H • B male 35 • 184 robbery + H B male • 22 185 robbery H • W female 51 + 186 robbery • H B male • 18 187 robbery H + W female 63 • 188 robbery • H B male • 20 189 robbery H • W female 21 • 190 robbery • H B male • 21 191 robberM H • W female 29 • 192 robbery H B male • 15 193 robbery H • W female 33 • 194 robbery • H B male 25 + 195 robbery H • W female 31 • 196 robbery • H B male + 15 197 robbery H • W female 41 198 robbery • H B male + 17 199 robbery H • W feinale 73 • 200 robbery • H B male • 20 9 0 -�- Cal l 30- 432 Crimp Mr-tim- Offender Race, se" Aye Rge 11 _ _01 robbery H • _w- w female 47 • 202 robberg H B mole • 20 203 204 robberg robber e • • H IN B male male 60 • • 20 205 266 207 robbery robbe robber H • H • H • 111 B W female male male 60 ® 25 • • • 208 robber • H B male • 21 209 robber H • W female 60 210 robber • H B male • 20 211 robbery H • W female 36 • 212 robbery • H B male • 20 213 robbery H • W female 7 • 214 robbery • H B male ' 31 215 robbery H • W female 7 • 216 robbeg H B male • 26 217 robbery H • W female 30 • 2181 robbery • H B male • 20 219 robbery H • W female 36 • 220 robbery • H B male • 16 221 robbery H • W female 29 • 222 robbery • H B male • • 223 robbery H • W female 58 • 224 robbery • H 8 male • 16 225 robbery H • W male 35 • 226 robbery • H B male • 20 227 robbery H + W female 7 • 228 robbery • H B male • 13 229 robbery H • B female 22 • 230 robbery • H 8 male • 20 231 robbery H • W female 50 • 232 robbery • H B male • 20 233 robbeEY H • W female 51 • 234 robbery • H B male • 17 235 robbery H • W female 68 • 236 robbery • H B male • 17 237 robbery H • W female 39 • 238 robbery H B male • • 1 239 robber H • W female 25 • 240 L robbery • H B male • 25 90_�OQ3i32 Crime Victim Affender Bece seH 0ge Age I 41_ robber H *_W female 7 • 242 robber • H B male • • 243 244 robbery robbery H • • H W B female male 54 • • 13 245 robbery H • W female 25 • 246 robberm H B male • 20 247 robbery H • W female 54 • 248 robber_q H B male • • 249 robbery H • W female 42 • 250 robbery • H B male • 20 251 robbery H • W male 48 • 252 robbery •• H B male • 21 253 robbery H • W female 47 • 254 robbery H B male • 20 255 robbery H • W female 46 • 256 robbery • H B male • 21 257 robbery H • W female 43 • 258 robbery • H B male • 20 259 ro bberg H • W female 53 • r260 robberg H B male • 18 261 robbery H • W male 38 • 262 robberg • H • • • 21 263 robbery H • W female 51 • 264 robbery • H B male • 20 265 robbery H • W female 54 • 266 robbery • H B male • 26 -267 robberrobberg. H • W male 67 • 268 robbery • H B male • 15 269 robbery H • W female 54 • 270 robberM H B male • 31 271 robbery H • W female 62 • 272 robberg • H B male • • 273 robberM H • W male 66 • 274 robbery • H B male • • 275 robbery H • W male 23 • 276 robbery * H B male • • 277 robbery H • w male 54 • 278 robbery • H B male • 17 1 279 robberrobberg, H • w male 59 • 280 L robbery • H B male • 15 9 0— 431 432 Crime Victim Offender iRoce Sets Rge Age 11 281 robbery H tit female 21 • 282 283 284 robbery robberg robber * H • H • H 8 W 0 male female mole 47 • 20 20 285 286 robbery robber H • • H W B female male 44 + • • 287 robbery H • W female 53 • 288 robbery • H B male G 19 289 robbery H • W female 68 • 290 robbery • H B male • • 291 robbery H O W female 57 + 292 robbery • H 8 male • 20 293 robbery H • W female 37 • 294 robbery H B male • 20 295 robbery H • B male 27 • 296 robbery • H 6 male • 21 297 robbery H • W female 69 • 298 robbery • H B male • 19 299 robbery H • W female 44 • l300 robbery • 1 H B male • 21 301 robbery H • B male 23 • 302 robberg H B male • 19 303 robbery H • W female 76 • 304 robbery • H B male • 21 305 robbeEl H • W female 86 • 306 robbe • H B male • 30 307 robbery H • W female 23 • 308 robbery • H B male • 25 309 robbery H • W male 77 • 310 robbery • H B male • 21 311 robbery H • W male 43 • 312 robbery • H B male • 20 313 robbery H • W1 female 65 • 314 robbery • H B male • • 315 robbery H • W female 79 • 316 robbery H B male • • 317 robberg H • W male 77 • 318 robbery • H B male • 30 319 robber H • W female 79 • 320 robbery, • H B male • • M'M Crime U1c#im Offender U ace S;-X)s .. AgP, Agp 11 21- robbery w tale 77 322 robbery H 8. male • 30 323 robbery H • W female 24 • 324 robbery H B mate • 29 325 robbery H • Ill female 26 • 326 327 robbery robbery • H B W male female • 74 29 328 robbery • H B male • 20 329 robbery H • ill male 68 • 330 robbery H B male • 20 331 robbery H • W female 45 • 332 robbery • H B male • 16 333 robbery H • W female 69 • 334 robbery • H B male • 21 335 robbery H • W female 23 • 336 robbery • H B male • 20 337 robbery H • B female 28 91 338 robbery • H B male • 40 3391 robbery H • ill female 46 • .� 340 robbery • H B male • 14 341 robbery H • B female 18 • 342 robbery • H B male • 23 343 robbery H • w male 34 • 344 robbery • H B male • 16 345 robbery H • W female 59 • 346 robbery • H B male • 20 347 robbery. H • 11 mate 69 • 348 robbery • H B male • 20 349 robbery H • ill female 68 • 350 robbery • H B male • 20 351 robbery H • B male 21 • 352 robbery • H B male • 15 353 robbery H • B female 27 • 354 robbery • H B female • 25 355 robbery H • W female 22 • 356 robbery • H B male • 18 357 358 robbery robbery H • • H W B male male 34 • • 17 359 robbery H • B male 18 • 360 robbery • H B male • 24 90- 431 9b - 422 Crime Victim Offewier Race SeH R g P_ Aye II ,4461 robberg H mole 10 f62 jobbery • e 0 male • 20 363 364 robbery robbery a • • H Ill - 0 female male 47 • 21 365 366 robbery robber H • • �, ' B 6 male male 25 • • 25 367 robbery K • W female 67 • 368 robbery H B male • 28 369 robbery e • W male 72 • 370 robbery • K B male • 28 371 robbery H • W female 67 • 372 robbery • K B male • 28 373 robbery H • W male 72 • 374 robbery • K B male • 28 375 robbery x • B male 17 • 376 robbery • e B male • 22 377 robbery H • B male 17 • 378 robbery • K B male • 18 379 robbery K • W male 31 • 1_ 380 robber • K B male ' 18 381 robber K • W male 31 • 382 robber • M B male • 18 383 robbery e * W male 27 • 384 robber • K B male • 20 385 robberg K • W male 27 • 386 robbery • H B male • 20 3871 robbery K • W male 51 • 388 robber • x B male • 20 389 robbery a • W male 51 • 390 robbery • M B male • 20 391 robber K • W male 30 • 392 robbery • K B male • 20 393 robber �t • W male 66 • 394 robbery • x B male • 20 395 robbery K • W female 34 • 396 robber • K B male • 15 397 robbery K • W female 34 • 398 robbery • K B male • 18 399 robbery M • W female • 61 400 robbery • K B male 1 25 �' M.i � / tom; Crime Uictim Offender Race Seu 0ge Age 11 _401- 402 robberM H 10 B female male 51 • 20 403 robber H • W male 30 • 404 robbery • H B male • 22 405 406 robbery robber H • • H tU 8 male male 21 • • 28 407 robbery H • W male 22 • 408 robbery H B male • 23 409 robbery H • W male 31 • 410 robbery • H B male • 20 411 robbery H • W male 31 • 412 robberM • H B male • 20 413 robbery H • W male 21 • 414 robbery • H B male • 23 415 robbery H • W male 66 • 416 robbery • H B male • 25 417 robbery H • B female 25 • 418 robbery • H B male • 20 419 robbery H • w male 22 • 420 robbery • H 8 male • 28 421 robbery H • 8 female 25 • 422 robbery, H B male • 22 423 robbery H • W female 19 • 424 robbery • H B male • is 425 robbery H • W female 19 • 426 robbery • H B male o 18 427 robbe H • W male 18 • 428 robbery H B male • 21 429 robbery H • W male 36 • 430 robbery • H B male • 27 431 robbery H • Ill female 47 • 432 robbery • H B male • 19 433 robbery H • W female 56 • 434 robbery • H B male • 17 435 robbery H • W male 18 • 436 robbery H B male • Z1 437 robberg H • W female 18 • 438 robbery • H B male • 17 439 robbery H • W female 56 • 440 robbery 91 H B male • • uu- 431 90- 432 Crime MMM _ 0ffPmiPr nor P- nge rage 11 41_ robbery H __to male 51 442 robbery • H 8 mole • 2fl 443 444 robbery robbery H �! H Ill B mole mole 51 • • 30 445 robbery H • W female 51 • 446 447 448 robber robbery robbery • H • H • H B W 8 male female male ® 51 1 • • • • 449 robbery H • W female 63 • 450 robberg • H B male • • 451 robbery H • W female 63 • 452 robbery • H B male • • 453 robbeg H • W female 41 • 454 robbery + H 8 male • 16 455 robbery H • W male 36 • 456 robbery • H B male • 16 457 robbery H • W female 44 • 458 robbery H B male • 18 459 robbery H • W female 31 • ti 460 robbery •H B male • 15 461 robbery H • W male 45 • 462 robbery • H B male • 18 463 robbery H • W male 45 • 464 robbery • H B male • • 465 robbeu H • W female 44 • 466 robbery H B male • 467 robbery H • W female 24 • 468 robbery H B male • 19 469 robbery H • W female 31 • 470 robbery • H B male • 15 471 robberg H • W female 18 • 472 robbery • H B male • • 473 robbery H • W female 41 • 474 robbery • H B male • 16 475 robbery H • W female 45 • 476 robbery • H B male • 20 477 robbery H • W female 38 • 478 robbery • H B male • 20 robbery H • W female 38 • ME robbery • H 8 male • 20 90- 43-bO- 432 Crime IIictiM Offender Rare eH 8g+� figs I1 481_ robbery _ _ __ 11J male 47 ._ • `482 robbery 0 male 20 483 robbery H • W male 47 • 484 robberm H 0 male • 20 485 486 487 robbery robbery robberrobberM, H H • H • W B W male male female 36 + 28 • 11 • 488 robbery • H 9 male • • 489 robbery H + W female 24 • 490 - robberm • H B male • 19 491 robbery H • W female 45 • 492 robbery • H B male • 20 493 robbery H • • • • ' 494 robbery H • W female 28 • 495 robbery • H B male • • 496 robbery H • W male 23 • 497 robbery • H B male • 20 498 robbery H ! W female 39 • 499 robbery • H B male • 17 500 robbery H • W male 45 • 501 robbery • H B male • 17 502 robbery H • W male 45 • 503 robbery • H B male • 17 504 robbery H • ill male 23 • 505 robbery • H B male • 20 506 robbery • W female 39 • 507 robbery • H B male • 17 50B robbery H • W male 45 • 509 robbery • H 6 male • 17 510 robbery H • B male 40 • 511 robbery • H 6 male *1 18 512 robbery H • W male 60 • 513 robbery H B male • 20 514 robbery H • W male 19 • 515 robbery • H B male • 16 516 robbery H • W male 19 • 517 robbery • H B male • • 5181 robbery H • W male 36 • 519 robberg • H 8 male • 27 520 robbery H • BI male 40 • 90- 431 90- 432 Crime I)ictim 0ffeoder Race SeIR Age Age II .1 robbery -^_. R male 20 522 523 robbery robber H • • -n--� H B B rule male 22 • • • 524 robberyH • B male 22 525 robbery • H B male • 16 526 robbery H • W male 60 527 robbery H B male • 21 528 robbery H • B male 40 • 529 robbery • H B male • 18 530 robbery H • W male 58 • 531 robbery • H B male • • 532 robbery H • W female 61 • 533 robbery • H B male • 16 534 robbery H • W male 58 • 535 robbery • H B male • 20 536 robbery H • W female 61 • 537 robbery • H B male • 19 538 robbery H • B male 40 • 539 robbery • H B mole • 20 540 robbery H • W male 64 • 541 robbery • H B male • 15 542 robbery H • B male 19 ' 543 robbery ° H B male • 27 544 robbery H • B female 19 • 545 robbery • H B male • 20 546 robbery H • W male 49 • 547 robbery • H B male • • 548 robbery H • W female 20 • 549 robbery • H B male • 27 550 robbery H • W male 49 • 551 robbery H • W male 49 ' 552 robbery • H B male ' • 553 robbery H • W male 64 • 554 robbery • H B male • 15 5551 robbery H • W female 39 • 556 robbery • H B male • 15 557 robbery H • W female 39 • 558 robbery H • W female 39 ° 559 robbery GI H B male • 15 560 robbery, H 1 • W female 20 • 90 431 4 32 Crime "ic#im Offender Dare Sep eye Age 11 S61 robbery _ e - IR male _• 20 'S62 robbery H • tU female 61 • 563 robbery • H B male • 15 564 robber H • W female 53 • 565 robbery • H B male • 25 5661 567 robberil robberM H • H W B female male 53 • • • 568 robbery H • W female 56 • 569 robbery • H B male • 25 570 robberM H • W female 56 571 robbery • H B male • • 572 robbery H • W female 61 • 573 robbery • H B male • 16 574 robbery H • W female 46 • 575 robbery + H B male • • 576 robbery ._. H • W female 46 • 577 robbery • H B male • • 578 robbery H • W female 48 • 579 robbery H B male • • 580 robber H • W female 48 • 581 robbery H • W female 48 • 582 robbery H B male • 14 583 robbery H • W female 33 • 584 robbery H 0 male • 13 585 robbery, H • W female 33 586 robbery • H B male • 17 587 robbery H • w male 19 • 588 robberM • H B male • 19 589 robbery H • W male 19 • 590 robbery H B male • 23 591 robbery H • B male 38 • 592 robbery • H B male • 20 593 robbery H • B male 38 • 594 robbery • H B male • 20 595 robbery H • 8 male 31 • 596 robbery • H B male • 20 597 robbery H • B male 31 • I-r 598 robbery • H B male • 20 599 robbery, H • 6 male 55 • 600 robbery • H - • • • V�J ur %1 4 VO 432 Crime 111CUM Offender tRnce se" Age Pale 11 -�t01 robbery H _ -_-- 0 mInle 52 • a02 603 robbery robbery H H * 0 B male male 52 20 • 604 robbery • H B male • 23 605 606 robbery robber: H o • H w • male • 75 • • 25 607 robber H • B male 41 • 608 robbery • H B male • 18 609 robbery H • W female 56 • 610 robberg H B male • 25 611 robbery W female 56 • 612 robberM H B male • 30 613 robberg H • B male 41 • 614 robbery H B male • 18 615 robbery H • W female 75 • 616 robberM • H B male • 25 617 robbery H • B male 55 • 618 robbery H B male • 22 619 robbery • W female 48 • 620 robberm H B male • ° 621 robber-9 • W female 48 • 622 robberM H B male • • 623 robbery H • W female 25 ' 624 robbery. H B male • 20 625 robberg H • W female 25 • 626 robber • H B male • 23 627 robberm H • w male 63 • 628 robberm. H B male • 20 629 robbery • e . • • 630 robbery H • IM male 63 • 631 robbery B male • 20 632 robbery H • W male 52 • 633 robber • H B male ° 20 634 robbery H * W male 58 • 635 robbery • H B male • ° 636 robbery H • w male 52 • 637 robbery H B made • 20 1638 robber, H • Ill female 59 • 639 robberyl H B male • 20 640 robbery H • W female 58 - • uu— 461 90- 432 Crime UICUM Offender Rote Set; Age Age II 641- 642 - robbery robbery H H + ___ 8 W mole mole • 56 • • robberM H 0 mole F643 644 robbery H + W female 59 + 645 robbery • H B mole • 24 646 robbery H • tll female s • 647 robbery • H B male • 20 648 robbery H • Ill female 50 • 649 robbery • H B male • 20 650 robbery H • W male 87 • 651 robbery • H B male • 171 652 robbery H • W female 52 • 653 robbery • H B male • 15 654 robbery H • W female 52 • 655 robbery H • W female 52 • 656 robbery + H 8 male • 17 657 robbery H • B male 35 • 658 robbery + H B male • 23 659 robbery H • B male 35 + 660 robbery • H B male • 27 661 robbery H • w male 87 • 662 robbery • H B male • 15 663 robbery H • W male 56 • 664 robbery • H B male • 20 665 robbery H • Ill male 35 • 666 robbery • H W female + 21 667 robberM H • W male 35 • 668 robbery • H B female • 19 669 robbery H • W male 56 • 670 robbery • H B male • 21 671 robbery H • W male 56 • 672 robbery • H B male • 21 673 robbery H • w maie 35 • 674 robbery • H B male • 19 675 robbery HI W male 35 • 676 robbery • H B male + 19 677 robbery H • B male 33 • 678 robbery • H 8 male • 16 679 robbery H • W male 2) • 680 robbery, • H B male • 15 90— 431 90— 432 crime viriin Offender Race Seo age �gQ II €11 robbery a �_ � �M male 22 � 682 robbery e * W male 22 • 683 robber K B male 17 684 robber K • B male 33 • 685 robbery • H 0 male • 17 666 robimrm W female 22 • 687 robbery B male • 16 680 robbery K • B male 33 • 689 robberM e B male • 15 690 robbery K • W male 35 • 691 robbery • • • • • 21 692 robber K • W female 30 • 693 robbery • K B male • 19 694 robbery K • W female 30 • 695 robbery • M B male • 17 696 robbery H • W female 30 • 697 robbery • e B male • • 698 robbery • B male 24 • 699 robbery • e B male • 20 700 robber, K • W male 53 • 701 robberq K B male • 18 702 robbery K • W male 53 • 703 robbery • K B male • 17 704 robbery K Q W male 53 • 705 robbery • K B male • Is 706 robbery K • B male 24 • 707 robbery • K B male • 22 708 robbery M • B male 29 • 709 robbery • K B male 0 20 710 robbeN M • B male 29 • 711 robbery • K B male • 25 712 robbery K • B male 24 • 713 robbery • K B male • 25 714 robbery M • B female 32 • 715 robbery • H B male • 22 716 robbery K • 8 male 29 • 717 robbery • H B male • 24 robbery K • B female 32 L robbery • K B male • 24 robbery HI B female 32 • 90- 431 90- 432 crime filctim Offender liege sett F1ge Age 11 21 robber e� +� st _ Jq male � 25 22 robbery H • B female 3 723 robber H B male 20 724 robbery H • W male 63 • 725 robbery H B male • 726 robbery H • W female 63 • 727 robberm H B male • • '728 robbery H • W female 63 • 729 robbery H B male • • 730 robbery H • W female 69 • 731 robbery • H B male • • 732 robbery H • W female 69 • 733 robberM • H B male • 19 734 robbery H • W female 69 • 735 robber • H B male • • 736 robbery H p W female 18 • 737 robbery • H 18 738 robbeg H • W female 78 O 739 0 740 robbery robbery H B W male female • 78 18 • 741 robbery B male • 19 742 robber H • W female 18 • 743 robbery • H • • • 19 744 robbery H • W female 78 • 745 robbery • H B male • 17 746 robberM H • W female 78 0 747 robbery H • • • 17 748 robberg H W female 18 • 749 robbery • H • • • 19 750 robber H • W female 18 • 751 robbery • H • • • 18 752 robbery H • B male 30 • 753 robbery • H B male • 19 754 robber H • B male 30 • 755 robbery • H B male • 19 756 robbery H • B male 30 • 757 robbery • H B male • 21 758 robber H • B male 30 • 759 robber • H B male • 21 760 robbery H • W male 33 • 966- 4TI2 1 Crime Ilictim, Offender_ Race %PH Age Age II ._ 61 _ robbery _� B male • • 62 robbery _ • W male 33 763 robbery H 0 male • • 764 robbery H • _ w male 33 • 765 robbery • H B male • • 7;i6 767 robbery robberIL H * H w B mile male 33 • • • 768 • H • 1,1J male 59 • 769 -robbery • B male • 19 770 robber H • W male 59 • 771 robbery • • B male • 19 772 robbery H • W male 59 • 773 robbery • • B male g 19 774 robbery H • W male 59 • 775 robbery • • B male • 15 776 robbery H • W female 53 • 777 robbery • H B male • 15 778 robbery H • W female 53 • 779 robbery • H B male • 19 780 robbeg H • W female 53 • 781 robbery • H B male • 19 782 robbery H • W female 53 • 783 robbery • H 8 male • 19 784 robberg H • B female 16 • 785 robbery • H • • • • 786 robbery H • B female 25 • 787 robbery • H • • • • 788 robbery H • B female 25 • 789 robbery • H B female • 35 790 robbery H • B female 35 • 791 robbery • H • • • • 792 robbery H • W male 50 • 793 robbery H B male • 34 794 robbery H • B female 29 • 795 robbery • H B cnale • 35 796 robbery H • B male 29 • 797 robbery • H B female • 35 P' 798 robbery H • W female 42 • 799 robbery • H • • • • 800 • H *I W1 male 28 • 431 vu-- 432 Crime Victim Offender Race See Age Agb 11 01- robbery • male 4 20 1­8021 robbery K 111 male 30 +� 803 robber • - H B male « 20 804 robbery H • w male 41 • 805 robbery « H Q male * 37 806 robbery H • B female 22 • 807 robber • H B male • 24 808 robbery H • W female 29 • 809 robber • H • • • ' 810 robber H • B female 27 • 811 robbery • H B male a 25 812 robbery H • B male 22 • 813 robbery • H • • ' • 814 robbery B male 43 • 815 robbery • H B male • 16 816 robbery H • W female 27 • 817 robbery • H • • • ' 818 robbery H • B female 36 • 819 robbery • H B male • 42 820 robbery H • B male 43 • 821 robbery • H B male • 18 822 robbeg H • W male 22 • 823 robbery • H W male • 29 824 robbery H • W male 22 • 825 robbert H W male • 18 826 robbeg H • W female 28 • 827 robbery • H B male • 25 828 robbery W male 65 • 829 robbery • H W male • 58 8301 robbery H • W male 62 • 831 robbery • H • • • ' 832 robber H • !�1 male 33 • 833 robbery H B male • 16 834 robbery H • B female 32 • 835 robbery • H B male • 27 836 robbery H * B female 20 « 837 robbery • H B male • 27 _ 838 robbery H • W male 30 • 8a9 robber *I HI B female • 31 840 robberyl H 1.J B female 31 m ijo- 422 Crime I.11CU M Offender liaco see 8ge 8ge I 41- robbery +* e -__._-8 male 54 42 robbery u 8 male 17 • 843 robberm u _B male • 23 844 robber K • 8 male 15 • 845 robbery • e 8 male • 23 846 847 robbery robberg K • Q K W w :male mule 46 • • 42 848 robbery H • W male 46 • 849 robber • K W male • 68 850 robberM W female 53 • 851 robbery • K • • • • 852 robber H • B female 19 • 853 robbery • H B male * 29 854 robbery K • B female 19 • 855 robbery • H B female • 16 856 robberg K • B mate 34 • 857 robbery • K • • • • 858 robbery K • B male 3$ • 859 robbery • H B male • 48 860 robbery K • W male 42 • 861 robberg • K w male • 39 862 robbery K • W male 32 • 863 robbery • H B male • 30 864 robbery K • W male 42 • 865 robber • H W female • 31 866 robberg K • 8 male 23 • $67 robber • K • • • • 868 robbery K • B male 62 • 869 robbery • x • • • • 870 robbery K • B male 49 • 871 robbery K • • • • 872 robberM K • W male 37 • 873 robbery • K B male • 24 874 robbery H • W male 29 • 875 robbery • H B male • 24 876 robbery K • W male 45 • 877 robbery • K • • • • 878 robbery H • B male 21 • 879 robbery • u B male • 14 880 robbery u • • 01 39 • 9��r4�431 Crime Ulctim Offender Race se" Age Rue II 81_ robbery ^� B _ male 14 82 robbery H A B gale 29 +� 883 robbery * • • 884 robbery H • + • 21 885 robbery • H B male • 41 886 robbery H • • • 21 • 887 robbery H B male • 24 888 robbery H • w male 23 • 889 robber • • • + • 890 robbery H • II male 23 • 891 robbery • H • • • • 892 robbery H • B female 47 • 893 robbery • H • • + • 894 robbery H • w male 20 • 895 robbery H • • • • 896 robbery H • Ill male 77 • 897 robbery + H • • + • 898 robbery H • B female 30 • 899 robberg H B male • 45 900 robbery H • w male 54 • 901 robbery • H • • • • 902 robbery H • B female 27 • 903 robbery * H 6 female • 34 904 robbery H • B male 29 • 905 robbery H B female • 29 906 robbery B male 26 • 907 robbery • H 6 female • 20 908 robbery H • B female 36 • 909 robbery • H B female • 19 910 robbery B female 21 • 911 robbery B male • 26 912 robbery H • B female 36 • 913 robbery • H B male • 26 914 robbery H • B male 22 • 915 robbery • H B male • 30 P9916 robbery H • 8 female 29 • t 7 robbery • H B male • 30 118 robbery H • B male 16 • 919 robber_q H B male • 28 920 robberyl H • B female 28 • 98- 432 I Crime UICUM Offender Rbce Se" ilgb Inge 11 21 robbery _ • H -4 8 mole • 34 22 robbery • 0 mule 24 * 923 robbery • H • A • 924 robberm • 8 female 21 • 925 robbery • H 8 • • 19 926 -Jobbery H • III male 34 927 -robbery • H • • e • 928 robbery H • B female 30 • 929 robbery • H B male • 29 930 robbery H • B female 30 • 931 robbery • H 8 male • 26 932 robberm H • B female 9 • 933 robber • H B female • 29 934 robbery H • B male 45 • 935 robbery H B female • 35 936 robbery H • B female 22 • 937 robbery • H B female • 32 938 robbery H • B male 63 • 934 940 robbery robbery . H H • B B female male • 58 32 • 941 robbery • H B male • 74 942 robbery H • B male 17 • 943 robbery • H 8 male • 24 944 robbery H • B female 25 • 945 robber_g H B male • 18 946 robbery w male 29 • 947 robbery H W male • 34 948 robbery H • III male 21 • 949 robbery • x II male • 34 950 robbery H • IN male 21 • 951 robbery H W male • 34 952 robbery x • B female 25 • 953 robbery H B male • 18 954 robbery H • B female 25 • 955 robbery • H 8 male • 18 56 Pa9 robbery H • III male 24 • 57 robbery • H 8 female • 15 958 robbery H • I11 male 21 • 959 robbery • H B female • 15 960 robbery H • B female 32 • 431 V 432 Grime uIctim Offender Race nge Age 11 Vb 1_ 962 963 robbery robbery robbery H • • H __ 9 M B fewnale female misle * 28 • 36 • 964 965 robbery robbery H • • H W • female ' 74 " • • 966 robberq H • W female 41 • 967 robbery H B male ' • 968 robbery H • W female 37 • 969 robbery B male • 43 970 robberM H * B female 19 • 971 robbery • H B male • 19 972 robbery H • W male 23 • 973 robbery • H B male Is 43 974 robbery H • B female 41 • 975 robbery • H • • 976 robbery H • B female 36 • 977 robbery • H B female • 29 978 robbery H • B male 35 • 979 1, robberM H B female • 32 980 robbery B male 25 • 981 robbery • H B male • 1 B 982 robbery H • B male 25 • 983 robbery • H B male • 18 984 robbery H • 6 female 59 • 985 robbery • H B male • 21 986 robbery H • B female 59 • 987 robberM H B male • 18 988 robberg H • W male 46 • 989 robbery • H B male • 18 990 robbery H • W female 23 • 991 robbery • H • • • 992 robbery H • W male 32 • 993 robbery • H • • w • 994 robbery H • W male 37 • 995 robbery • H • • • ' 996 robber_g H • B male 27 • 997 robbeEl • H • • • ' 998 robbery H • w male 38 ' 999 robbery H B male • 24 1000 robbery H • B male 30 • 9 0 -- 431 90- 432 Crime Victim Offender Race Se i Age Rge 11 11wov robberg H Ay _ B male • 062 robbery H B female 22 • 1003 robberm H B female ® 19 1004 robbery H • B female 36 • 1005 robbery • H 6 male • 36 1006 iobbery H * B female 26 • 1007 robbery H 8 male • 27 1008 robbery H • B female 33 • 1009 robbery H 6 female • • 1010 robbery H • 6 female 23 • 1011 robbery • H B male • 28 1012 robbery H • B male 37 + 1013 robbery • H B male • 20 1014 robbery H • 6 male 46 • 1015 robbery • H B male • 20 1016 robberM H • B female 20 • 1017 robbery • H B female • 42 1018 robbery H • B female 18 • 1019 020 robbery robbery • H H • B W female male + 15 59 • 10211 robbery • H B male + 22 1022 robbery H • 111 male 14 • 1023 robbery • H 6 male • 22 1024 robbery H * w male 26 • 1025 robbery • H B male • 25 1026 robbery o B female 27 • 1027 robbery H 6 female • 35 1028 robbery H • B male 19 • 1029 robbery • H B male • 19 1030 robbery H • B female 28 • 1031 robbery H B male • 30 1032 robbery H • B female 45 • 1033 robbery • H B male • 30 1034 robbery H • B male 35 • 1035 robbery • H B female • 24 1036 robbery H • B male 23 • 1037 robbery • H B male • 22 1038 robbery H • B male 20 • 1039 robbery • HI B male of 1040 robbery H • W1 male 19 • Crime Pictim Offender Race $PH Rge Rge II 041_ robber y _ =41) Male 30 1042 robbery M w male 31 • 1043 robbery H B male • 21 1044 robbery H • B female 21 • 1045 robbery • H B male • 21 1046 robbery w magi 37 • 1047 -robbery H 8 male • 17 1048 robbery H • B female 34 • 1049 robberM H B female • 35 1050 robbery H • B female 25 • 1051 robbery • H B female • 30 1052 robbery H • B male 1 • 1053 robbery • H • • • • 1054 robbery H • W male 51 • 1055 robbery • H B male • 35 1056 robbery H • w male 37 • 1057 robbery • H B male • 25 1058 robbery H • B male 26 • 1059 `1060 robbery robbery • H H • B B male female • 31 47 • 1061 —ro-bberg • H B male • 33 1062 robbery H • W male 27 • 1063 robbery • H B male • 20 1064 robbery H • B male 26 • 10651 robbery A H B male • 30 1066 robbem H • B male 34 • 1067 robbery • H B male • 35 1068 robbery H • B male 29 • 10691 robbery • H B male • 35 1070 robberg H • B female 19 • 1071 robbery H B male • 19 1072 robbery H • B female 18 • 1073 robbery • H B male • 22 1074 robbery H • B female 30 • 1075 robbery • H B male • 33 1076 robbery H • B female 24 • 1077 robbery • H B male • 25 1078 robbery H • B male 23 • 1079 robbery • H W maI6 of 20 110801 robbery, ssw�• H • B male 30 90- 432 Crime Victim Offender Rare Self _ 0ge _ Age I 81 _ robberti H B female • . d82 1093 1084 robbery robbery robberi H • H ® H • 01 B LU male male male 42 • 42 21 - 1085 robbery • H 8 male • 21 1086 robbery H • B female 30 • 1087 robbery H B male • 32 1088 robbery H • 8 gale 25 • 1089 robbery H B male • • 1090 robber H • B male 25 • 1091 robbery • H B male • 21 1092 robbery H • B male 22 • 1093 robbery • H B female • 21 1094 robbery H • B male 26 • 1094 robbery • H • • • • 1096 robbery H • w male 43 • 1097 robbery • H B male • 38 1098 robbery H • 8 male 29 • 1099 robbery • H B male • 30 100 robbery H • B female 20 • 1101 robbery H B female • 32 1102 robbery H • B male 19 • 1103 robbery • H B male • 20 1104 robbery H • W male 39 • 1105 robbery • H B male ` 20 1106 robbery H O ill female 31 • 1107 robbery • H B female • 20 1108 robbery H • B female 20 • 11091 robbery • H B female • 32 1110 robbery H • B male 25 • 1111 robbery • H B male • 21 1112 robbery H • B male 19 • 1113 robbery • H B male • 27 1114 robbery H • • female • • 1115 robbery • H w male • 38 1116 robbery H • B female 33 • 1117 robber • H B female • 31 .1118 robbery M • W male 17 • 1119 robbery • H W male • 38 1120 robbery, H • w male 46 • 90 - 432 Crime 1lictim Offender Race seat Age Aye 11 ;121_ robbery __® K. .122 robbery x • B male 28 • 1123 robbery H 8 male . • 1124 1125 robbery robbery H ® • H 8 B female female 33 . • 21 1126 robbero H • B fenable 9 • 1127 robbery H B female • 21 1128 robbery H • W male 34 • 11291 robberm H B male • i 8 1130 robbery H • 8 male 26 • 1131 robbery • H 8 male • 34 1132 robbery H • IM male 31 • 1133 robbery • H 8 male • • 1134 robbery H • W male 26 • 1135 robbery • H B male • • 1 136 robbery H • B male i 1 • 1137 robbery 6 x B male • 30 1138 robbery H • w male 16 • 1139 robbery • H B male • 30 ra 140 robbery H • W female 20 • 1141 robbery • H 8 male . 30 1142 robbery H • W male 25 • 1143 robbery • H B male • 30 1144 robbery H • W female 17 • 1145 robbery • H B female • 30 1146 robbery H • 8 female 32 • 1147 robbery • H B male • 19 1148 robbery H • B male 32 • 1149 robbery • H B male • 18 1150 robbery H • • male 21 • 1151 robbery H B male • 19 1152 robbery H • • male 21 • 1153 robbery • H B male • 18 1154 robbery H • W male 34 • 1155 robbery • H B male • 20 1156 robbery H • B female 31 0 1157 robber • x B male • 17 11158 robbery H • B female 14 • 1159 robbery • H • . 11-661 robbery Hi W male 66 • Crime Ui+rUM Offew Ret~e 'Sett Age Age I �161 robbery • - __- H --_1!1 male R 26 ~162 robber * lb mole 66 • 11631 robber + H IM male • 25 1164 robber H • B male 17 • 1165 robbery • H B male 20 1166 robbery • :2 male 17 • 1167 robbery • H B male • 20 1168 robberg H • B female 14 • 1169 robber • H B male • 17 1170 robbery H • B female 31 • 1171 robbery • H • • + • 1172 robbery H • W female 31 • 1173 robbery • H B male • • 1174 robbery H • lit male 37 • 1175 robbery • H B male • • 1176 robbery H • W male 37 • 1177 robbery • H B male • 18 1178 robbery H • W male 30 • �1179 -robbery H B male • • i 180 robbery H • W male 30 • 1181 robberg • H B male • 18 1182 robbery H • W male 30 • 1183 robbery • H B male • • 1184 robbery H • W male 30 • 1185 robbery • H B male • 18 1186 robbery H • W male 38 • 1187 robbery • H B male • • 1188 robbery H • 111 male 38 • 1189 robbery • H B male • 18 1190 robbeu H • IM male 35 • 1191 robbery • H B male • • 1192 robbery H • [U male 35 • 1 193 robbery H B male • 1$ 1194 robbery H • III male 45 • 1195 robbery • H 8 male • 1196 robbery H • w male 45 • 1197 robbery • H B male • 18 1198 robbery H • B female 20 • 11991 robbery • H B male • 20 12001 robbery, H o 8 male 20 • 9�0- 431 432 Crime itictim Offender Rance See Age Age 11 20t robbery rH B male • 20 '1202 1203 1204 1205 robbery robberl robbery robbery H • H s • H • H 8 8 8 8 mule male male male 20 ! 49 • • 20 • 49 1206 1207 robberM robbe!j H • • H W W male male 63 • • 63 1208 robbery H • W male 63 • 1209 robberM H 8 male • 49 1210 robbery H • B male 49 • 1211 robbery • H W male • 63 1212 robbery H • 8 male 35 • 1213 robbery • H 8 male • 29 1214 robbery H • B male 35 • 1215 robbery • H B female • 37 1216 robbery H • B female 29 • 1217 robbery v H 8 female • 37 1218 robbery H • B female 29 • 1219 robbery • H B female • 29 „ 1220 robbery H • W male 64 • 1221 robbery • H B male • 25 1222 11223 robbery H • W male 64 • robbery • H B male • • 1224 robbery H • W male 26 • 1225 robbery • H B male • 16 1226 robbery H • W male 26 • 1227 robbery • H B male • 16 1228 robber H • W male 26 • 1229 robbery * H 8 male • 16 1230 robbery H • W male 25 • 1231 robbery H B male • • 1232 robbery H • W male 25 • 1233 robbery • H 8 male • • 1234 robbery H • W male 25 • 1235 robbery • H B male • • 1236 robbery H • W male 25 • 1237 robbery • H B male • • 1238 robbery H • W male 21 • 1239 robbery Ht B male • • 1240 robbery I H 01 W male 21 • uu- 4ji 00-- 432 Crime _ _Victim Offender Race Sem Rye Age 11 1,241- robbery • H __ B rule • 242 robbery K • - W male 21 • 1243 1244 robberg robbery K H • B W male male • 21 • • 1245 robbery • K B male • • 1246 ro:,bery H • B female 22 0 1247 robbery • H B male • 27 1248 robbery x • B female 22 • 1249 robbery • K B male • 37 1250 robbery K • B male 34 • 1251 robbery • H B male • 1 27 1252 robbery K • B male 34 • 1253 robbery • u B male • 37 1254 robbery K • B female 24 • 1255 robbery • K B male • 30 1256 robbery H • W female 21 • 1257 robbery • K • • • • 1258 robbery K • B female 74 • _ 1259 robbery, • H • • • • '1260 robbery H • B female 41 • 1261 robbeg • H • • • • 1262 robbery u • W female 66 • 1263 robbery K • • • • 1264 robbery K • B female 31 • 1265 robbery • N B female • 27 1266 robbery M • W female 26 • 1267 robbery • K B male • 16 1268 robbery » • W male 19 • 1269 robbery • x B male • 18 1270 robbery K • B female 50 • 1271 robbery • K B male • 18 1272 robbery K • B female 50 • 1273 robbery • K B male • 19 1274 robbery u • W female 40 • 1275 robbery 0 K • • • • 1276 robbery K • B male 34 • i 277 robberg • H B male • 16 1278 robbery K of W female 34 • 1279 robbery • K B male + 13 1280 robbery K • W female 34 • d1%-d — '. ,L 90- 432 �' 281- I282 Crime - robberm robbe Uic#im • H Offender H • Race _ �_ B w Sett male male figs • 30 Age II 26 • 1283 robberMl• H • • • ' 1284 robbery H • W female 26 • 1285 robbery • H B mole + 14 1286 rubbery H + B male 34 • 1287 robbery• H B female • 25 1288 robbe H • B female 31 • 1289 robbery • H B male • 26 1290 robbery H • B female 25 • 1291 robbery • H B male • 16 1292 robbery H • B female 25 1293 robbery • H B male • 18 1294 robbery H • W female 49 1295 robbery • H • ' • ' 1296 robbery H • B male 24 • 1297 robbery • H B male • 16 1298 robberg H • B male 24 • _ 1299 robbery • H B male • 18 1300 robbe H • B male 24 • 1301 robbery • H B male • 17 1302 robbery H • W female 34 • 1303 robbery • H B male • 31 1304 robbery H • B male 34 • 1305 robber • H B male • 1 ? 1306 robbery H • B male 34 • 1307 robbery • H B male • 18 1308 robbery H • w male 57 • 1309 robbery • H • • . • 1310 robbery H • W female 34 1311 robbery • H B male • 23 1312 robbery H • B female 16 • 1313 robbery • H B male • 18 1314 robbery H • B female 25 • 1315 robbery • H B male • 17 1316 robberg B female 25 • 1317 robbery • H B female • 25 1318 robbery H • B female 16 • i 3 i 9 robbery • H B male • 19 132m robbery, H • W female 35 90- 432 Grime Victim Offender Race Sees Age Age II 21- Tobberm . - - 322 robbery H • B male 42 1323 1324 robbery robbery + H H • . B • male • 24 • 1325 robbery • H B female • 25 1326 robbery H • W female 5k • 1327 -robbery H B male • 18 1328 robbery H • B male 21 • 1329 robberg H B male • 20 1330 robbery H • W female 26 • 1331 robbery • H • • • • 1332 robbery H • W female 52 • 1333 robbery • H B male • 18 1334 robbery H • W male 23 • 1335 _ robbery • H B male • 20 1336 -robbery H • W male 23 • 1337 robbery • H B male • 14 1338 robbery H • w male 23 • 1339 robbery • H B male • 17 1340 robbery H • W male 30 • 13411 robberg H B male • 20 1342 robbery H • W male 30 • 1343 robbery + H 8 male • 14 1344 robbery H • W male 30 • 1345 robbery • H B male + 17 1346 -robbery H • W male 28 • 1347 robber_g B male • 20 1348 robbery H • W male 28 • 1349 robbery • H B male • 14 1350 robbery x • W male 28 • 1351 robberg H B male • 17 1352 robber H • W female 64 • 1353 robbery • H B male • 18 1354 robbery H • W male 38 • 1355 robbery • H B male • 18 1356 robbery H • w male 19 • 1357 robbery • H B male • 18 1358 robbery H • W female 32 1359 robbery • H • • • 1360 robbery H • B male 29 El vv— 4J1 90— 432 affe�n�der BeCe Rge I t crime -- robbery • • 4r 01- • �" 402 robbery - . • • • • • --.. ►. k+ a "11 ! • Crime Uictim Offender Race SeK Rge Age 11 ",361- robbery • K = • • • • 362 robberul HI • • W femalel 41 • 1363 robber • M 8 male • 23 1364 robbery K • W female 35 • 1365 robbery • K • • • • 1366 robbery a • W female 52 • 1367 robbery • K B male • 30 1368 robbery u • W male 35 • 1369 robbery K B male • 16 1370 robbery x • W male 25 • 1371 robbery • a B male • 23 1372 robbery K • W male 35 • 1373 robbery • H B male • 23 1374 robbery K • W male 25 • 1375 robbery • K B male • 16 1376 robbery K • W female 38 • 1377 robbery • K B male • 20 1378 robbery H • B male 27 • 1379 robbery • H B male • 23 380 robbery H • B male 30 • 1381 robbery • K • • • • 1382 robbery x • W male 32 • 1383 robbery • K B male • 50 1384 robbery K • W male 40 • 1385 robbery • K • • • • 1386 robbery H • B male 31 • 13871 robbery • M B male • 23 1388 robbery K • W male 30 • 1389 robbery • K B male • 25 1390 robbery H s W male 30 • 1391 robbery • H B mete • 22 1392 robbery K • W male 33 • 1393 robbery • M B male • 17 1394 robbery K • W male 33 • 1395 robbery • u B male • 25 1396 robbery K • W male 33 • 1397 111398 robbery robbery • • H • B • male • • • 22 • 1399 robbery, • • • • • • 14001 robbery • • • • • • Crime Uictim Offender Once $PH A e Age II 0V robbery 0 � � u:_� � • 1402 1403 robber. robbery • ° w * w w • ® • w • 1404 robberM • • • • • • 1405 1406 1407 robbery robbery robbery • • 0 • ° ° * • • ' • • * • ' • �+ ' 1408 robbery w e • s • • 1409 robbery w • • • • ' 1410 robbery w • • • ° ° 1411 robbery, w w • • • • 90- 431 9®- 432 ANALYSIS OF RAW DATA FOR MURDER/RAPE REPORTED IN POLICE REPORTING AREAS 131 AND 132 90- 431 90-- 432 Offense Stnt"s of Indiuidstal RnCe Sett Age 1 murder uictim whit- - male 21 2 offender block male 31 3 murder uictim white male 66 4 • offender black male 25 5 • offender black male 30 6 • offender black rrlale + 7 rape uictim black fern... 30 8 • offender black male 42 9 rape uictim black fem... 31 10 offender black male 33 11 rape uictim white fem... 1 12 • offender • • • 13 rape uictim black fem... 42 14 • offender black male 25 15 rape uictim black fem... 2 16 • offender • • • 17 rape uictim black fem... 15 18 • offender black male 31 19 rape uictim white fern... 37 20 • offender black male 25 21 rape uictim white fem... 27 22 • offender white male 22 23 rape uictim black fem... 17 24 • offender black male 25 25 rape uictim white fem... 50 26 • offender black male 35 27 rape uictim black fern... 38 28 • offender black male 33 29 rape uictim black male 5 30 • victim block fem... 31 31 • offender black male 31 32 rape uictim black fem... 26 33 • uictim black male 9 34 • offender black male 15 35 murder uictim black male 21 36 • offender black male 31 37 • uictim white male 66 38 • offender black male 25 39 • offenderl black male 30 40 R offenderl black male • 90— 431 90— 432 Offense Status of individual Race 5eH Age 11 rope victim black fem... 30 42 • offender block male 42 43 • victim black fem... 31 44 • offender black male 33 45 + Ulctim black black fem... male 13 33 46 • offender 47 • Ulctim white fem... 15 48 • offender black mole 30 49 • uictim white fem... i 50 • offender • • • 51 • Ulctim black fem... 42 52 • offender black male 25 53 • victim black fem... 2 54 • offender • • • 55 • Uictim black fem... 21 56 • Offender e *1 e 57 • victim white fem... 37 58 • offender black male 25 59 • Ulctim white fem... 27 60 • offender white male 22 61 • ulctim black fem... 17 62 • offender black male 25 63 • ulctim white fern... 50 641 • offender black male 35 65 • victim black fem... 37 66 • offender black male 25 67 • ulctim black fern... 38 68 • offender blank male 33 69 • ulctim black fem... 38 70 • offender black male 28 71 • • e • e 72 • • e • • 73 • • o e e 74 • • • e e 90- 431 * 00- 432 SBHIBITS (i) City and County Organization Charts (ii) Copies of Applicable Federal Regulations 15CFR Part 400.21 and 400.22 (iii) New, 15CFR Part 400 Regulations, (Draft) (iv) Customs Operating Regulations, 19CFR Part 146 (v) Foreign Trade Zone Board Regulations 5CFR Part 400 (vi) Map of Greater Dade County (vii) U.S. Department of Commerce Naval ("NOAA") publication, "U.S. Coast Pilot, Atlantic Coast: Cape Henry to Rey West", pages 182, 183 (viii) U.S. Customs Opinion Letter, August 14, 1986, on Grantee Operator Liability (ix) U.S. Customs Drug Interdiction Campaign and Support Letters (x) Cost Benefit Analysis for Free Trade Zone Users (xi) Free Trade Zone Questionnaire (xii) Free Trade Zone Benefits (xiii) Business and Trade Associations Contacted Table 1 A Companies Contacted in the Miami Area for Wynwood Free Trade Zone 90- 431 90- 432 CITY AND COUNTY ORGANIZATION CHARTS 0 90- 431 90- 432 CITY ! ATTORNEY = � RItY CLERK _j ASSISTANT CITY MANAGER 1 �-- ? FINANCE � CITY OF MIAMI TABLE OF ORGANIZATION ERVICE 90AR0 1 ' FIRE i L,_ _—J ' ASSISTANT "L CITY MANAGER } COMMUNITY DEVELOPMENT s j I fOEVELONAENT AND HOUSING s RESIDENTS OF MIAMI i CITY COMMISSION s DOWNTOWN CITY MANAGER D VE ORiEY T i L___.-----� N i ASSISTANT CITY MANAGER CONFERENCES CONVENTIONS �• C INTERNAL �.-- AUDITS 4 MARONNEL NAGEMENT r— 1 ®UDCET � ASSISTANT CITY MANAGER " i COMPUTERS `— FENERAL SERVICES' ADMINISTRATION ri PARKS. RECR PUBLIC CAC11.ITiES; i SOLID =--; WASTE I MIAMI SPORTS 1 G EXHIBITION AUTKORITY�j ASSISTANT L_; CITY MANAGER s ; BUILDING AND ZONING P{.ANNiNG ' PIJ$I_IC J woRKS e�j' y- , / �QifF—STRE PARKING L AU►HORRY ' �I�'"'" I,"i il'" Is' ��� �" 1 n°fir„ III I''' it I' 1 � i� ��� III11111111 li ����I ���11 P i 1 1 II II' I " !I I "111I'I' COUWT ftfCTCl%AlT rtArOMCme � t II ftf'arf1/:�N F L C COS o"Is STATE OFTf� M OF 00URTS CST w ►T)S{IGGltf�ofM C811ArTT . STATE AttOM*V . CONY lift A"O" SOAflo . ADASOW 00APbS {T3l COUptY WAMAOEFI w fAtPt Ilall4•+0 + 1&4p%ov%mgv • w/ITFM �SEwEM AIjTMUM1TY AVISAAS MOAQD couwY Allon+ET •fVfLK t`t AtT4lMV3' cOl•)M1Y MANAoftt'S OA6fCE •wimpta3Ertfro WOVST+TTAt OE'YEIO�EMT LAZY AUtMonlly : coommAt Just iGf 9RAnrIM=T UNT w OF►T a of tAAPMCATAT1000 ADMO"'MATIC04 • SO AA Cl t A CON44RIAjWAlilt MAMAOfmfNt A 11VO . pEYftO�+AfMt pA►Acl cosom A1EMT E psreCE • 6COwOwCflfTrttO►lWMT . Kv wo-va ►FIammo 3 �'6! • Cr.,fL pfFEteSE r orllCf co fy►tOTEf 11fIATkIM4 w OR,CE 0, convn^R SEnwCES tligwlAAstoM S"llsAS }� / • WjjCE OF CAPITAL 01"K7 EMEM» TKfPElf EtECTKM iliIS �'�aww Co VAL IPIMATICt TIAIMf �'C ItE►T. GtTAT icl+ow �µtlAttawo AwTlam A C►EYit4+ AOftlst OE*t. WoCAt T81A1f�l1 ' t CK►AATMEW OR IMtE1MEAl. lAT6t Aif At►lS OEMETML SE'M"�rtfS NEALTw Wrp.w Ofv M• AN RE St CE9 AUOTTIMd FEE AOUArtSTP1ATM��t o[►t. pE M _ w�IFAPtf' gypq 1AtPiA'r T Mtlse]C 9E�F'DRT teAMAof�rfwt Tt1A1�tC OEA'f ',�vft,t� Ic ►t&MTA1/o El=tll= RfM # rfi fA fNittiS ; 71i1 .v wOR/IS � t 0 41� COPIES OF I5CFR, PARTS 400.21 AND 400.22 �Q- 43.E 90- 432 7Bli IFeApml l e / VoL K No, 1A / rridny, lotntrary ice, Im i rtv"ed Rule* (1) T Pitol r-ens tho phy.lk--*l I(xr.atirm of A gone a,- otsbTMW (a) 2 ot1A M1r la a F crh hsing a ton., 1 a.grsn.tunclS ®rt►� tier 1Xx1l� gislrattla ra 1 of. S, ,art Bn Tmdte Zamora tdoars 14M t t AcOWIty of the SowtL (a) In generoL In accordance with tho Act and procedures of this part, the hoard has authority to: (11 Prescribe rules and regulations concerning tones; (2) in" grants of authority for zones and subzones. and approve modificalians to the original sons pg(3)A prove manuiactruing activity in zones and tubsoosa.asdescribed is subpart D of this part; ' (4) `lake deleaaloatlo 4 om mattara requtrin&Board deciaioas andet this tam (S) Decide appeals'of dedelons of the ExecAvs Setretaryo. .. = (4) lisped the prlarnlsex, oPe+allona and accounts of tons Srantees and opera (7) Requhre :oar grantees to report oa tone operations and finances; (a) Report annually to 46 Coagreas on Zone operations; 'a Restrict or proMbit ttoae kapose am for vlalatlorss of the r. .ad the regulations;.• (ill Revoke grants of authority for . cause; and. (12) Determine. as appropriate whether specific tone operations are or would be detrimental to the public lnttmt . (b) Authority of the Chairman of the Board The Chairman of the Board ('Secretary of the Depas1, ivt of . commerce) bus ere authority ttK (11 Appoint the ExSecretary of Ube Board: (Z) Call meetings of the Board. with reasonable notice given to each member.'" (31 Submit to the Congress the Board's annual report as prepared by the Executive Secretary. 1c) Alternates. Each member of the Board will designate an alternate with authority to act in an official capacity for thm member. (dl Determinations of the Bootd (1) The determinations of the Board will be based on the majority rote of the members (ar alternate rnembetn) of the Board. provided that a quorum. on-lpoeed of t6e Secretaries of fist runents of Comaretoa and Tmesury AP letr alieruatesl. io voting. , All votes will bs reaorik-d. (s) TI1,r lt"*rA W-M IRar* IN &.1orwAriation in psecAedlwM andAW 40 ret{+*ix"na In the form of a Board wi3mr. pet , l e• A tnttrxfRp 0 110"Wowv• The Executive Secretary has and city 1M (a) Reptesexat th-s Aoard to administrative, regulatory, opera ionaL and public afftim matters; (b) Serve as dirvcuw of the Com em Department's Foreign-Trsda staff (c) Execute and implemetu orders of the Board: (d) Armuse meetings and circulation of acsinr doca.eoents for th* Board; (e) f LW-tala cuatody of the seal. records. fiks and t>onresp oocleauca of rise Board, with dlapositioa aaWoct to the eegulal ow of Its Departaseat of Casneaer+osc - _ r+e�ntkbolrixe the return of ed womhandire" valued at isss than 10UW d*Um fist *soy into CusAm= Wedtoey ender I e40,4C W l4,atl prize armor modific, rs to aunt prof acts Wider 14001y(ct (b) Prohibit or resuid activity toned - to be dettivissAW ba the public ultras!] (11 Auth rl= aartalo duty -paid mW k%de as p mi4&ml in 14o0Atic (j) Deterralne aabsooe sponsorship %asattcns as Pcovi&d is I4Ao.=14- (k) Accept tato schednlea and determine their reasonableness as provided in 14tS0.42ft .. (l) Determine the AMMAJ for the annual reports of mom grUUM to the Boant (m) Prepare as anaaal report for" Bond's submission to the C ngreas based epos the reports of earn srssstesx (a) Armago-writh other sections of the Deparbeent of Commerce, Bumd agoades and other smarumencal agendas for studles and comments an tons issues and proposals; and Io) Designate an sorting Eroecudvs 5etxctary. 1400.13 Scard H`edWartera. The headquarters of the Board is located within the U3 Deparuneut of Coarmetcs (iietbsrt G Hoover Bulldk%L Pennsylvania Avenue and 14th StreeL NW, Washington. DC ZDZ30, as part of the shire of the Poruiga-Ttsde Zones staff. Subpart C-EaUMahtwnt wW Modification of Zam Projects 140021 h unow end tocaR9oe e>t sw�ee and ouamoaes, (&) NUMber of Zone Project+•—P0d Of entry entilkment. (1) Provided that tbs other nNuiremr:nta of this subpart are Met. M F-Adr part of en" is entitled to at least cone_ rune pmject: (11)itaPMH0frn"toIrlr 1VAinm th@n one stall, nab C4 flee at-000 to wb.ic:.h the port of entry N locaterd is entitled to a torte projed: and, (M) if a port of entry is derwed to include mom tban one city separated by a navigable waterway. each of the cities Is entitled to a zone project (21 Zom projects in addition to those approved under the entitlement provision of paragraph (&Xi) of this section may be authorind by the Board If it deteaminerr that existing projecA(s) will not adequately serve the public interest (convenience of coormeroo). (b) Lactation of zones and subtonw— pml *(entry 7 requinemstah . (1) The Aa provides that the Board may approva'zotoes in aradjacent to posts of entry" (10 U.S,G albl. (2) The "adjacency' requirement is satisfied it . 0) A zone at sobsoee iv located widtfn 33 statute aniles room the o etw 6Lnits of a part of entry; or, (ill A sane Or subsooe can be mecbad within am boar's driving time boa Ere nearest Customs office 140022 Eagtbls apgaaNb. (a) & sal mml Subject to the other provision at" sectionpublic or Private coipQmdoaa may ly for a purant.of authority to estala a &me project. The Board will give prdarence to public corporations_ (b) f'rtblic snit non-proe►to fit cotpor, The eligibility of public and noarpra9t corporations to apply for a grant of authority shall be supported by enabling le&atfoa of the le4islatum of the stale in whlrh the zone Is to be located, indicating that the corporation, lndividually at as part of a class. I& aviliocixad to so apply. (c) Private jMptrsfst aorpowdona. This eligibility of private f Uvrofit carporadocio to apply for a grant of authority &bell be supported by a spocW act of thra state legislature naming the applicant corporation and by evidence indicating that the corporation is chartered for the purpose of establishing a zone. (d) Applicants for tubtonaa—{1) Eligibility. The toilowiag corporations are eligible to apply for a grant of authority to establish a subaone. (0 The zone grantee of the closet zone project In the same state; (it) IMS sore grantee of another torus In rise some state. which h is a public corporation, If river Board. or the Executive Sethtary. Bads that such sponsorship better serves the public tnteresL or. 90- 431, 90- 432 (;. Mull. by Pit ( spa sec to 5 suF put by l Gli the an to .lot SO FrMrlwP1 13.e!gisiarr % Val. S.5, Nan td / Friday. Jskno^YY f. 7t / Pro posed. Rul•a (ill) A. state AptRncy ap atl+�wily suthoris*d to submit stir son; app#i>stinn by an son ai the ftaim i }tiwlwturw (2) (r+iatar. if an wppiicrdon OR submitted ond*r psrsgz-apb (d)(1)(11) or (d)(1!(III) of this section. the EsecutIv,* Se vtory will: (i) Notify, in writing. the Smates specified in paragraph (d)(1)(i) of this section. who may. within 30 days, object to such sponsorship. in writin& with supporting information as to why the public interest would be better ser t by Its acting as spoosm. (it) Review such objections prior to filing the application to determine whether the proposed sponsorship is in the public interest, taking into account (A) The complaining zone's structure and operation: (P) The views of state and local public agenclec and. (C)1be views of they proposed subzone operator. (ill) Notify the applicant and complainants in waiting of the Executive Secretary's determination. (Iv) 'Me application will be filed if the Executive Secretary determines that the proposed sponsorship b in the public interest. ! 4tiLU att4rta nor grant of auttwe" Ior Bones and aubzome. (a) Zones. Its Baud will eontider the following factors in detatmlalag whether to blue a grant of authority for a zone project (1)) Mw need for sous eervfres in the Port od entry area. taidag into acaowt existing as well err projecled laternatiooal trails talated ecdvities sad employment impact (2) 7be adequacy of the opwadaod and flnaadal plane and des waiWatT of Use proposed slla wad Lscilid" wttit justification top duplicative sitar; (3) 71ie adant of state and local government support as Indicated by the compatibility of the tonne p"*a with the community's ma+staa pies of stated goals for aoono+®ie devaiopmaat and the views of scats and local pabbe oifi"is involved in economic devskq want. Such officials shall avoid comialtstnesnts that anticipate outcome of Board decisions; (4) The views of persons and firma likely to be affected by proposed zone activity; anti. (51 if the proposal involves manufacturing, the criteria in ti 4,00.,3t(b). (b) Subzonas. In reviewing proposals for subzones dw hoard will also consider. (1) Whether the operation could tee 401" located in or otherwise accoanraodatrd by tt>* toaitir-puryMke Mcill000 of f3±s r-ne pm(ecl roerving the or", (7) Thor ittpp. 6nr— "ne b writs movaK and wheth•ir ntlter rnorm appropriAto rneana or r+emedles am sys0obler. aruL (3) Whether the proposed activity is in the public tateresl. taking into account the criteria in ( 400.31(b). () 400.24 Appftailon tsar aons- (a) In general. Ara application for a grant of authority to establish a zone project shall consist of a tr-nsmitta) letter, an executive summary and five exhibits. (b) Letter of kvnsmittaL The transmittal letter shall be currently dated and signed by an authorized ofi'tcer of the corporation sad bear the. corporate oval. (c) Executive summory.' le exe=Uve summary shall describe: (1)'Ibe corporations legal authority to apply. (2) The type of authority requested from the Boar$ (3) 7be proposed zoos site and facilities and the larger project a( wUch. the zone is a pert .(4) The project baclrground. (ncl%dLag surveys and studies; (5) Its relationship of the projirrt to the comma Uty's and state's overall economic development pUas and objectives; (6) Us pleat for operating and •fLnaacing tha project; anus. (7) Any additional pertinent information needsA (w a complels summary description of tine proposoL (d) Exhkit& - e ) Exhibit One (Ligal Application) aU c nslafor the Js Authority (1) A coUBed ropy of the state enatling legislation desc ibad is i 40o.2x (H) A copy of pertinent sec loin of lbw applimnt'e Charter Or orgaaLrat ion psupam and. (iii) A asrtdhad copy of thr readuUm Of the DDVOmkkg body od tba coepoc�tfon authorizing the officW ai;i"S t5a application. (2) P.hchIWI Two (Site Description) shall consist of: (1) A detailed description of the aora site, including size. location. address. and a Logal dtatsiption of the ame, proposed for approvaL• a table with sits designations *halt be included when more than one site is Involved; (U) A summary description of the larger project of which the zone is a part, bwduddag type. sits. location sad address; (III) A statesnant as to whether the zone Is within or adjacent to a customs port of ea w. (1 w) A don ll "on of wn" Fm&.ftsaa and servicr. s, including d1mensinr s mM typoq end t—P-P-A str.artxrr++A: (s) A de*A=fption of exIMUMat ropas,ed sitar qualincotiass taasladlW. nd•use zoning, relatkmthip to Hood plain. tnirastrvctum uIllitia�s security. and access to trensportsdorueQrvioc" (vi) A description of curraal activities carried on to or contiguous fo the pray (vit) if part of a port facility, a summary of port and transportation services and facilities: if not. a description of transportation systems indicating connections from local and regional points of arrival to the zone: and. (vill) A staterneaat as to the possibilities and plans for zone expansiocL (3) Exhibit Three (Opemtbn and shall consist of 0) A statement as to site ownetsWp: if not owned by the applicant or proposed operator. evade= as to their legal tight to use the site. (11) A discussion of the opust"d plea: if the zone or a portion IbumA bAo be operated by other than the grawas. a sumtmary of the selection process nsad or to be used, flan type of operation agreement and. It avadaisLr. dw toms and quallEcations of tbo ptopoted pn,y + . O YOC . (M) A brief expleaation of do pleas fat providing facilities. physk'al a Pi fto sad for satis#y6og rho rtgsirassstats for ; Casrtotha automated system (iv) A sumsaagr of the pkm for . flomcing cep W and operating meta. indudlag a statsmant as to The soctace and nee of funds; . (v) no aWmtatad Uwe sdaeduls rat. construction and activation: and. . (A A samm y of aatidpated cash flow pro jecdous on as aamhsl basis to the fuel thsree yaara of operstlom (4) Exhibit Four (60mos is justification) ahall larlads: (1) A statement of the cams MWIL overall eaosnomlc goals and Nrstsg)ea in relation to those of the ret" and at W (it) A rafsrasaoa to the pis or plaza on which the goals are based and bow they relate to the soane project (Doom amity including identilicadw and discussion of dominant "close in tarns of percentage of employment or WcOms. area resourraw and pro lease. soosromlc imbalances. anamploynaeat nun► area " foreign trade statistim and area port faelUUes and transporiatioa "two" (iv) A statement one to the role and objective of the zoos projacL and a 90- 431 90- 432 2 l'e ie+rrrtl R eia►t r /VOL S?�, 1Vca, !A J rridav, jpvu siry 22! i / PropQaed Rni — l 4' I'VotifirAllrm for sAr,.h of the trro�sogRrt sitr+s; (v) A discussion of the antl6prtted economic impact, oirret JRr.d 1"di fist of the zone project. including references to Slit costs and benera x. employment. U.S. balance of trade, and environmental impact: (vi) A statement as to the need for zone services in the community, with information on surveys of btusineps, and specific expressions of interest from proposed zone users, with letters of intent from those firms that are considered prime prospeans: and, (vii) A description of proposed manufacturing and processing operations, if applicable, with information covering the factors described in 14nnflal including the nature and scope of a oparation and production process, materials and components used. items to be foreign sourced with relevant tariff Information. zone benefits anticipated and bow they will affect the E m's plane, and the economic impact of the operation on the community and on affected domestic: industries. (5) Exhibli Five jMip•consist o (n $taii ants county mipi e)iowing the general location of .the zone'In tarps v! 'the refs transportation network-... (H) ^M Geodeticurvay map or the •uivaleni; showt*u Bed the location he proposed tone: and.. . ' ,W), A detailed blueptiat of the zone or wbzone area thdwing ions boundaries in red, with dimensions and metes and bounds• or other legal description, and showing exisd4.and proposed struct=L (e) AddiL1on6l information. The Board or the Executive Secretary stay require • additional informatioti needed to adequately enluate a proposal. (1) Amendment of application, The Board or the Executive Secretary may allow amendment of the epplicatfan. " (9) Dro,%. Applicsasts guy iubmit i' draft application to the Executive Secretary fair review. (b) Format and numberof copies Unless the Executive Secretary alters the *requirements of this par igraph• submit an original and 12 copies of the application on 8"X11" paper. Exhibit Five of the original application shall contain full-siztd maps, and copies shall contain letttratzed reductions, (i) Where to file. Address and mail the application to tha Secretary of Commerw.Attention: Executive Secntary, Foreign -Trade Zones Board USL Departtnent of Comrnerce. . 'ennsyivania Avenue and 14th Street. Washington. DC M= (awn-nv-A by tho Ofrie* "f Kan*mp! oil t PIM R1161t•1 nr-dsf a tntr-1 numb" cx75-m") t* �2�[ arptteetrmm 1tv' �- (e) In general. An application to establish a subzone as pail of a proposed or existing zone shall be submitted in accordance with the tbrmat in 4 4•24, except that the focus of the information provided in Exhibit Four - shall be on the specific activity involved and its net econorvc effect The information submitted in Exhibit Four shall include: (1) A summary as to the reasons for the subzone and an explanation of Its anticipated economic effecu, - (2) Identity of the subsone user and its corporate affiliation: (3) Description of the proposed activity. includirtV (1) Products: (tl) Materials and Components: (ill) Sourcirig plans (domestic/foreign} (iv) Tariff rates and other import requirements or restrictions. (v) Wormation to assist the Boardin making a determination %order 1400_31(b)(1)(IIIk (vi)Benefits to subzone user. (vti) Which other procedmi or•mes6 'have been considered to aolitniln the benefits sought: .. [vtitj Informasia4n as to fndtiittq . Involved and extent of intemational competition: and, (ix) Econonvc imipact of -the operation. an the area. . (t) Reason operation cannot be' conducted within a generai-purpose Zone; (5) Statement as to environmental impact: and (a) Additional information -requested by the Board or the Executive Secretary If needed to c*ndu-t the review. Executive Stmtarq may issue guidelines to assist applkants in - providing foregoing Information. 1. (b) Burden of pr 000f. An applicant for a subzone must demonstrate to the Board that the proposed operation satisfies the criteria in 1400M[b). '(Approved by the Oilier of Management and Budget under a mboi namber 062s-ota4) 1400M Aapaeaden for expecwt+on or otrw nwdrflrstbar to mw projecL (a) In genero% (2) A grantee may apply to the Board for authority to expand or otherwise modify its tone project. (2) The Executive Secretary. in consultation with the District Director, will determine whether the proposed modification involves a major chww in the zone plan and is thus subject to paragraph (b) of this section, or is minor and subject to paragraph (C) of this section. In making this determination the t?xtmttivo Sveretury vnll rs mmrider Rhe "xtrr+t to whtcis the prttpa*vei modification would. (1) Snbetatntially modify the plan otiginmlly approved by the Roar* and. (H) Expand the physical dimensions of the approved zone area as related to the scope of operations envisioned In the original plan, (b) Major mo&l7codan to so" project. An application fr* i major modificstion to an approved zone project *hail be submitted in ascot koce with the format in j) 400JA. except that: - (1) Reference may be made to amTmt information to an application from the tame applicant on file with the Hoard; and. . (2) The content of Exhibit Four aball re late specifically to the proposed um (c) Minor modification to zone project Other applications or requests under this subpart. Including those for minor . . revisions of sane boundaries. grant of authority transfers, or time exmsions. thall be submitted in letter form vAth ' lafarmatlon and documentation ' cacesaw. for aanalytis, as determined by: the Executive Secretary, who aball• t' determine wbether the proposed cheap .la a minor one subject to this paragraph . A: (c) rather than paragraph (b) of thi i ' seection., • • ' ' ' (Apprvar:d aby the Oiaci of lrtaaaigt rut Red Budget under control um 00254n") : • ' # 40027 ►roosdrae twos vie -'a igwd ' appacatlaft (ate J S 0ing i pliootiar•'ibe ... Patecutive Semtary will detwasins whether an application submitted under )) O 400.24-400= Sari " the requirementevI thoose sections•. (1) If the application is dteficl nt. the .. Executive Secretary will Iafarin thr apDlirsnL (2) if the application is'suliidast. the Executive Secntety will: P) !r'ile the application. thus Initiating ; a -proceeding orrevisrwr, • . . . (tl) Assign a case docket number in cases requiring a Board cruder. ands (i11) Notify the applicant. (b) Phxxedurti--in genenail'Upon initiating a proceeding based on an application under 61 400.24-400.2n9b) the Executive Secretary will; . (1) Designate an examiner to conduct a review and prepare a report with recommendations for the Board: (2) publish in the Federal Register a notice of the application which includes the noma of the applicant a description of the zone project, and an invitation lot ppublls comment. including a time limit for the public to submit fachial information and written arguments: 90— 431 90— 432 Or € xvi Rpo%ioar /. Vol. M, Nn. !h / pricay. jprtwrry 2. IWO f >?'m",P-4 iti 00% "% rpp(icatinrs hex (t} Thm RejOnvAt Cowani+ ^,rsto mal. at a desippm s. i) The District FAg""M (Army}. .4) Arrange, sa appeoprsetW a pubUc beanng in the taxwmaity in ire Wch" gone PTOIKt is tcacated and $my other public or closed bra mq that the board deems appropriate. C from intessated pwWu tray aujwk mgnesia for a public beariag if one has not been schedules!: (5) Transmit the reports and mcornmendAtions of the examiner and of the oflicisla identified In pamgaph (b)(1) of this section to the Board for appmpnate action: and. (e) Notify the applicant in writing and publish notice in the Federal Regisisr of the Board's detarminatiaL (c) Custww and rarmay eatsinetr ivriew. The Regjonal Corr miaaioner (Customs). or designee. and the District ha&etr (Armyl ahaU submit their reports to the Executive secastary within ins days of the conclusion of the period described in paragraph (b)(21 of this section, (d) Pnx:odw*-Appbcm&jna * atimw wooUrkodba of was Wv*a (1) Tba : hhlrceuttioe Secretary will tntaha a detanninatim in cano,andar 14oam(e) '-oohing minor Chaos" to Soto le s, that do not tea ohs a Board ir. Such as boamien mddl uag a taint raloptioaa. aad wiH• notify tytra,appllceso in writing of the decision ` P (_) Thu Ca notimuso LOL A& tliaadas . Medw is required tor.apprsssrala U dw �. paragraph (d)(1) of &A&secum . f 400M CondMO a, trra 9 -1 M a ins rwetrt Ne s i eoseosese es Bras as atrattoratF• wtbs4estr hiswd by the Aoard for the estaWbhnmad of none or sabsooes. fadodi ng those abvsdr issued. are subject to the Act and this part and the or 6win tlaae� coodis;ooa (1) Appet:vab from the psntee and the District Director, pis mmoi to 19 CM Part 14L an required prior to the activation of any portion of as approved zow project. (2)'Approval of the Board or the Commerce Department's Assistant Secretary for import Admidusauoo Pursuant to subpart 0 of girls part is required prior to the commencement of Manufacturing opal boas ant approved .. tart of the appltcatioo. and baton paved Sons saaaatacitsric4 activity la rssd to induds now foraip articias .,.eject to tardEs hlgkw thus those on shunn�ciset (�} i'x•1ar re �etaMlt of es .. tip ratte grarttaEut at ep+r<r.tatr t.ltaeii o r+lA neor_.a.sry perrauia han fedesrai. stets and local authonti c WW e>rcept as othanrtaa spes&ad k cite Act at this part shell comply with the mquiremea u of those autbonti. (41 A. grant of authority"lepse uWass the am project M acUvate& pursraat to to CFR Part 146. and in operation not later thaws five veer Grorac . (1) A Board order izouad attar this effective date of" final rule: or. (11) Thu effective data of thin finial rule:. (5) A grant of authority approved a-nder thin subpart includes authority for the grantes to permit the erection of buildings necessary to carry out the approved acne project subject to concumoae of the District Director. (01 Zoos grante& t>t ratom. and users shalt permit federal govermmemt officials, acting in as omciat capacity to have access to thin some Project aradracoesia during name' business bows and unties . other reasonably (7) A grant of authority may trot be sold. conveyed. tranalatsad. set over. at assigned. Private ow nerablp of mono (and and taotitltiis to permitted provided the tons grantee retains the cootrot necessary to impleamt the approved soon psojed Shouid tWs to land or facibUea be t:amdearsd ahem @mat of authority is kau&L the som pwaeser- ' . mnaatreum.by agreanentotrtih the never ovrner. a wmai a —1 g iWhkh adla ws the Purism tD Carry an isle naponsibudtias as gaam a.'lLM said et a soar gib ee hwar for moss then No Laic tsarkat "Ibai wkhOA %oar alum sh" by amakWred a mrwacibttr is TkMadm d the Act. (4) A gram of aw6caity argil ant be construed to Uw s tits Soria psatre astoomAca dyliablekrVichmanab opsrsstsarw. tam% or ether peralm (i) Adaiito anW a mi iiidm p rohAWoieaas and restrkborta. 06w &sgtti- - - - . tooditlarns er reairstdow under bs&niL state or focal lair any air in die vim of audiatity. 14WM nevoeamoe e# grws of atetrsdoxy. (a) In Surreal. As provided in this section. the Board aaa r;arvoks in whale or in pan a grail of atatbority for a general-purpose soma whaasver it determine& that the zoos SMAtaa has violated repeatedly and willfully. the provisions of the Ant. (b) PnxwdunL when the Board has reason to behave that tba coondlttota for revocation. as described in psrageepin (a) of thla secsi..- an suet. the Board will; III Not,t;ytarw• '10v 041w, I" "kwft of ttO OArjMA 4*ia ati w. AnA pm--�6a Ow- an Arpor"In+ty to r *"A a lkoal*o so this peopo se recere"t (2) dsaot a rued ii oe otherwkw d approprivto: (a) intake a determination on the retamd of sets proese-afti no eerbar• girt 4 vtonihta ab er prodding asodan ra the none grantee w%der paragrapit (b)(1) of tblat sectiotu: rind. (4) U the Bioares d4tevoinafts is altrrmativs. pebliah Doti" of "Moeafto of the grant of muthority in dw Faisal (e) As prsovidw in sacaiott U ref d w Act (19 USZ ttlr(c)j sett now praatet•- may appeal an order of tiae Bioas+d revoking the grant of etutborittf. (d) SubzoOea. The Hoard Csn tevoira Ire whole or in part the great of aatbarRY for a subz one upon fiadtag &loaf azy opmal condition oQ that pww� w then So" ordar tanned on &Ae, groat. ban sera been mat. Thin grant" will be given 30 days maim and an opportwWY a submit evidence and aomeasis poor to a final de cieioa by the Board is tbeaa pees. a�ra.rta ter RwMaerlotti � 4paYt Yarr'teaot:rrirtg crOeaiatnstts �- 15(c) of tAa Qct Boasd tea. antbastitT�swssdtal a . . pnol" snag utidtlr'tftat ti w r )ttdigaouat Is siebtaneattal W tiropi#la . . latsras4.' Ilsnetradaatta�ttstsnnar� - -... attasomrsataas,LeooO�rq aadanNgr.ssWtar.• as pnwomd in ant anppiicatbs ar ins Pt" - of a eswwwof as sptaMw•� -• Board ainaH do wtai r "d iwrdw activey in geaaw it in Go psblla . lrttsrstet by rstitwtng; the walareete+t . criteria contained W 114espeo M af this ssetiot. SO& a review inssissn - cooaidswtlow di wbodkw do eadvity do ssnsbtynt wino etado POULrttmd pn Wass. and wbe*w Us last toseaeia effect is poalthe. (b) dbalrea&w a i'101 a--{ti T1i++ aid fsactom it is the PoUcy of slag hoard to suthod" son@ saw" only whew it is consistent with public poU67 and does, not enwurage imports. Thus. before autttorissng pnoposnd sit activity or in its review d ongoiat ' manufactt dn& the Hoard Abu determine that than is so sip nsaat evidamm that: (1) Thin ecLvlty is not aansisionacoW" U.S. trade and to nu poUW- 90- 431 90- 432 0 XMO ra .Stogwow i -VOL: t5tt, lens Sa ./ Fridatp.• 14ma nyr ROL ]tom Aatem .' M 'ib a) tow of PMR P"Pbodn"" wrow lik,dp dixealatteh trace ai0tleaMM-M of a .. ltttetrVarttsaewl k%40 Poor sand. U) If The activity invaives items 1*0 to is VWUd 1ARM . that timers is or will be a a" wereaass sal Imports of item can which the duty rats w►ouid be reduced ussieat swe proceduras ea a result al suede a rases.. (Y) E4aar -jC f actom Aflu; its rsrbrwr of threshold feolors, to there is a basis foe further consideration. the Board shall caonsidst the Wowing sc+staomta facuwc (1) Ortralt amploramt impact (U) Exports and reeraportic (W) R,atandw w creation of maoutadmiAl activitr. (h) Rxtamt of increased wake -added activity as Imports; (v) Overall o ffad an import levels oaf relatvsnt ptodarew (vi) Want and atah" oat torefpt compstittam in rolevast p iuctc (YU) Impact an related doweetic indmatry;. anal. (v1.11) Other refavaat kJaemaatio n, raiating to act aa000mic . (o)14/etl�aio�mdop�aaae--(1) . rwo4fsr n 6ow Reviews paaaUy MThrookow Phow :he am pdaeo • ' (14=(b)(1D knives oots:idaratim of thIehalaC fsctms 9as axareftser wakes a Wood" dtrdtos an aural the tattoos 149D.=i(b)(i) be rho om ne el a. ins. e m"bo hdon re thd : : -A Law a* sF 0 - wedo to amantits oppiiaatkM vtithta so days. a the Hoard • . �a.grAl �•�i 4tio.sltbxi) • rattan is thus•asaatttrs. ft talaalZ dear at; resMet antboeity tee the proposed at ac"r ' .. (tq Boonamia in phttsidw toast! ccmd�dses dMiN . sesosemb affed ftm both a IooalOagimel and audonat/tl"al : p- pecstvs. thaNne3edse oomride:athoa d the ovenil 0159d too salated doenestio kmbma as (Oabbad porodsciL.. taatadaw and US . (:) totrsrrfert� !rs t�tos factaesmvuhiog h me subject to krvaled twills a walor 000aideratim Is vrbatbw the choice of Iaww tariff fates woaid Uk* pestoas w kmeasa d n It 40o. MIX11)1: 9" If each a casual affed is to" eha Board aball prohibit at natrfct the proposed activity accacdingly. (3) opwal Ri Wham gimpowdaiftwitykavalves a shift of nHad euaP• � t siidhe er vdag picas far imosp msea a and idcluds short- and WW ,era Pmoctiaw as all eoespowmis cathjM to is.ert UM& (4) 1" ae inx the &*nj esom of xw%ft oPaWttess, tbo Lk'+ rd ahmll consider the cmr►.trihWaary affect asp as moving• bare se an Inc eenamntal part of cost eff4cilve n"m propswa adopied by companies to improve their intsrnadmal competitiveness. (6) Burden of proof. Applicants for tmbronea and fat daarance for mawdadnem activity not hav" a precedent in Board de6kiom shall have tb4 bwd4m of proof of establish* with anbstwatial evidonc s that due operation is in the public inteuesi sander this &@Woo. All interested paroles are e>a> trsged to submit subauumbre evidsnce nlaWy to any of the threshold factorsp ardcularly in wSard to 140 1(bHIUW)• (d) A[o Wlecirr and post -approval mviewa (1) Approved mawdactatrtas activity remains subject to :svtew under We sectim at any times (Z) Roviews may be Initiated by the Board se they may be andwudu m in . response ref requests from Interested parties shosrtng good cause. ($) Upon nv*w. a the Doard finds riot soma aexivity is no Wage& In tb& pubUc interest trader We sectim U may soapead salatasa siahm at tstminato at r+asttk! rho ao Uvity to questioc6 � 4t70aS /rrleeeaare Ono aabsaisdos► Brad :arrow Ske" ed for app ewd eat - (a)flagax+st m Part of opp!laadw for . • �+arrtofaottmritj.t►tegraa•tILas• . appmval of a proposed zamdastarin= am SM may be sob -'tied u pact of as apphcadm render 1140=4- 401Lm(a}'ILe Hoard win nVie w tba } into aa�o wwi this adtaria In I (b) Plagmet jw in apyrravre�d cam sr srsltsar:a. f?lriaem the . d a meaasiaotm#tmg opsnatkaa sot a as peal of the appilcatloa for the soon or subsooe in vrhi& the activity is to be looted sacra Srantusaat spaeatoss shall eagtasaI the a�dascribed ba 14t>Q..Yt(a) by a ngma in writing to do ftac ttva Secrotary. Regoesto 1w catch apQraval"coatata the ktormatkM Coraesa= De s Aosiataat Secretary for Impart Admtnfatmdm may make daatemduadws uadar 14=1(a) based again a review by the YID stab whas (0 no proposed sabot is similar to activity nosntty approved by the Board la terms sl sosrcbandiw sad - W. (ti) r" activity is far export osiy; at. (111) the some benefits sa ght are undtad tr duty "[Srrs L • - (219N'hom tie. 1"fM"al reftep4mm M. , perarmph fblix) of thle nit* 1st Pat aPPI Oro us- (1) The Pacaecuoye Socewtary wild (A) Assign a coot doeicat MM-kreer and give emote in the Foods"d inviting public comment: (5) A.rteage a public bearing. if approprinum (C) Appoint an examieff. it approprism to condwa a Review and prwpare • mport with nwcoomomiatio= or the Board aaad (D) Peepers and transmit a report with rsemmmerdations, or transtmit She exa.miaws report. to the Boom feu approptlbate ectiotac and. (11) The Board will make deate nnination on the requesm and the Executive Secretary w€ll notify the Stantee in writing of the Boares detsrminsUaL aced will publish notice of the datermsnation is the yedwW 140a= MWWW eft m sea easeserlaeaeietra� asatirtl►• (a) der Senaraar+al In approving eearaufacturing activity for a•non4 or - aubxom the Board may adopt tsetrie�lotos to prosect the pobfio,lnta� iealth. w eafety. Ter Comneseas Depawuwt is Assistant Secretary tat Import Admialetraatiam may sisarilatty : adopt matctims in owdsiog astbotW ?e t 14OUZ(bXl1 • . (b) P1at nWettow aim tumor sab/ictt m andAm4 * and axwwrWHM dam' ocdons-4t) Board policy. Z=w . p vca"m shall sot be used to Mosel as (AD) sad ooantsarallft duo (CVD) aWms aader 10 CFR Parts 363 and 36L . (S) Admktian of item subjad fro AW CVD octkw& Items sob)eed to ADICVD orders it &%gM%atoa of ligatldad-m arm ADJCVD prooedasra aha11 be - placad to privdsg*d fors4p statse 419 M 114ti.41) upon adeatselos W a ttotaa or snhzoma : (8) Xr y/or ac amoptiaa Amy a& bama entered for oomsompti m lam the customs tonitary of the Vatted Statas (either in their agildn-i or in && aliand owditim) sh" be rambled to daubs —A ADiCVD orders sr to 611spam11190 of liquldattom it appUcabla ender 19 C>'B Parts su and 356 at the 1104 Hof am* entry. Subpwt E—Zoow opemsoaa and Adrsalealatrst#va RegastrsrAeno n 14Mat Yen+ eParsnasee asrarsL Zones shall be operated by w srdw the conta•,swbaal oversight of &=a ' Vw2tssa, sublea to the requin wsw of the Act a -ad " cart. as wet60s dare at M r r; 1. FA of boded R#Piosir I nevi" w No. 1st i miring, jam-Asa.ry M i[OW, / p� Rule% 0 at -her isdasnt, stale s•rd # # e hsMX lunodk:lkm rmv o" site &Ad ,opemboa, ZM* gr•an"We **a "two *hat the ma"Pta M4 D of the resiness raanuueanity are #*rv:d by their zone protests. The Diatrktiiisa#etae MPMents the Board with rryard to the zone pnoteda to the district wW b responsible for entaraueao. bujudint physical security and aetres raquinswula, as provided In iB C FR part litl. ! w'Q-u Mgeeawaenw star f COM w ncsmw4 er ep seutesta in nonce Prefer (a) In SenaML iba following actions am required baton opa liam in a Boise may Commeam (1) Approval by the District Mmwtor of an $pplluation for activatiosa is required as providad in i9 CPR part 14tt: .•, and. (2) The PAlcutive Secratu y will. review proposed manufacluritg, . pursuant to f 4OUL and sons schedule as provtdad to this section. (b) Zone sdwdul& (1) The zone i grantee shall richest to the axac utive Secretary and to the District Dirva r a sane adwdulo which sets forth- 1 Late slur sad' and �� tar (fi) A statement of the jaw and. changes (taea) appUmble to soar users. - (Z) A,aura acbsdals clean consist of .yped, toots o&L auubsreod lanw-sized page& enclosed in covers and ohalL "+ co(1) A tills page, with tatormatisn to (A) The mum of the trine grantee and. oparetoefej; • ' • . • • . (B) 8dt "idaadfica ion • (P Site dAgcr# doro (D) Date of original ac boduw and, M Name of the prepamm• (U) A tabLs of contsatsc (Ill) Admiptstr>aYuva btfheatatlarc (iv1 A slatsmseat of ao®s operating .. Policy. ruies, and 19110latloos. un iform Woosdisms relartwo the. � tr<uction of beiidiaga sad fatdlitim'' (v) A section Meting raw and dmgu for zones and subsocas with intoonti sufficient for the Soard or the Exscetive Secretary to detanmlas wbether the rats# and charges are resaaaabla based• on other like operations in the pat of entry orsa. and whether there is uniform treatment uetedsr (nice circumstances aawns tone utsew. (3) The Executive Secretary anti review the schedule to deisrmisas rrhathat it contains ""drat - torrmatim for Users co"Waing the patstioa of the facility and a stalamaat of razes and charges es prouvldsd in • •• 3stn m"T'At (ti)(z) of Not 00ettsxn., !if than ?xrtcuiws Mary *nVW" butt Owe W.h*4&" satateti" d"" s r�q�tae. U Execarui" _%*=aftry will natidy the t. n" fcantce, Unless beers to a basis for review strain paragraph (b>q3) of this section. A copy of the schedule aball be avaliabia for public Inspection, at the officsas of the soon grantee, and operatorr. The so-- %rantoo absill sand a copy of the District Diream. who may submit comments to the Execaetivo Seaetaery. (41 Amsndrools to the eduduls shs►t� be prepared and submitted in the manna t described in pain apbs (b)(1) through (bN31 of We section. and listed in the concluding secUoa of the sche*As. with datsns. (3) A none user or prospective user having a bona fide Interest in usuatg a sons may object to tho tone or subume Ixe an the basis that It Is not masonabla. fair and uniform by submitting to the Executive Secataay a compiaint in writbq with supporting information. The Exttcurtivo Seastary will review the complaiht and issue a mpoct and aacision which wig be Goal umiaea appealed to the Hoard within 30 days. 1Mo Board or the Executive Secatary may otter - us fattfats a seviaw for -cause. The (wooro cousidared In reviewing reasaalableness and falmass, will Include: (1) 7b* gointntes and charges for Uka operations in the area and the extra ,costa a[ operetta= a rtoee.lsurlued9as . • . MUM oe baVsstaee OU cud, • . (U) la the earn of sabsonss. tha Value a8 acaui swiru s rendered by the save VSUW W caasoa+able auat- '� 4a0�i Itaeartertea api veayiMen of , , eertastr, mete eteesattosae. - (a) In leateraL After review. tha Hoard or the Executive Soc rogwy, as appropriate. may nowd or problbit any admL#aloa of worclsaodito Into a tone . psojsd at operation in a roon+a >rroock when It determines that such activity Ie detrimental to the pubilic intatual. baalth at safety. • M laidaUm a(ravisw. Tha Hord may eondud a paoceading, or this Executive Secretary a review. to consider a restriction or prohibition under paragraph (a) of this sections either self -Initiated. or on a complaint made to the Board by an sdverseiy attected party. 0nly whom tts.t Ord dMWWWiMMM duet the rvfo nts uses be in the POAk boaftet. (b) oCritsnm In sa kkq sirs dster•eratnatim dar?urikimi to pas*Wmpb (a) of this section. the liomr4 wi l conaider. (1) The intent of this peartion (2) Why the pods cannot be e xportod: (3) Ths public besaft invaelo in allowing their returm need. (4)71e eeeonusandatimof ON District Dieeetae: (c) Arvswaia m (1) A tsgoast for authority to returns mod" mwch&ndi" into Custorert forritory $bail be made to the Fxscrtive Seavatary in latter form by the was grown or operator of the some in IN the membandise is located. with setppvrtin g Intormatim and dQcueeeaatatiea. (2) Ttie Executive Sweeney will investdgeto slur request and prepare a report for the Hoard (3) The Executive Secrabeff May Oct for the Hoard an We nedi a its cases involving ma cbandise Valued at Ise$ than i00= dollars, pwv" approval:, have the coaaurmuce of the District Direct". !mum. ZOW""WW" . — (a) In lerrsraaL Mardnandise wWeh hat bass given export status by Cusums officials ("sane•imetricted msru:handles". 19 CFR part 145) may be returned to the Custom Territory at the Unitsd Ststss ! 4OL" No trees.- . . (a) In jareustaaL fftetdl hods is a • • - prohibited in:cne$. axAeptt wet Galas or pods aoay bs aosdecNA sa- activatedwsoof -1 ectamiae�:- Issued by the zoos puefte and . approved by 1bs Hoard Tina District . Dissace• will dah:adns wWAsraa o>►CtlYlty b tetaN ttrada , (b) Pnceidum Ct1) TM 0151111d Dl sdw or a repo"We"litte is eatmodorsd io . • appcow saw invoMetg dome" duty - paid or duty-free food paod.cta acid within the rtoe at wbespo aaastraeptioa an pcesieis by remove (( � s pa"M for Beard awrevai assdsr tills section slab be eabtaUW In Iftuaar form. with anppa roe docunmeduum to the l xecodltto Secretary. who is authabod to ad for the Board in lbasa cases. . Criterim In ova" a (csdan ppmval under this edeee'ueasts Executive Secretary will etetesidart (1) Whether any public beraaSis would result from approval• and. (2) •The ecot owk Wleat such activity would have as the retail trade autelde the aorta Ise the pod of scatty area. bOp,Y • A�osoerat#. n#sarris W #peestao , (a) Zoao a000un&L Zane Samoa" - shau be ematatained insamedaaes with generally a W9- 431 O atsadards @ :. .. 90- 432 0 m 4W lF04004 *0004M / VoL m fro. is Irridity, i Ory W Im / ATA$60 ' ac m e e*d to I mm, q momme V" (teen► r*q-ir""Wm e[ t stmk ere ba . - - - _ aree+K aeieGeee ,) Roconk and fomm Zaeao rsow& -d forms sic U be prvparsd avA aaesirataialetd An w4_b (teat rsquic menta of the Om4tam S,qirvige crud the Board. (c) •cps need drawfta. YAQQ P"W" or eoperstors, nand D(strta t Dttrctom shall keep current laym dnw jAp of sppraewd attas as dommihad to ; 400.24(d)(s). showing actuated portion& and a ftls sbowk* m"ked sppa•avasi& The now pwa se SW furnish osossemy maps to do Dtstried Director.- (J Annual f t) 7406 RaaeQea sts+w sabmlt InDa li tep�et� to dw BOVA at the time and in ilea E —" prasat9md ththe Executive Smetur ior No aspua to !fs by to the tlCa m& Bostdy aao+ra! t:pae?t (i) 7U Board shag xuhssit as sr =&I report to the Consms I (App oved by the t mm of smd Badpst 140047 Rppo sia is !es owed ksm eseeelsieees cal tivs Aseisttait Baatedry tar boe/ws! AaWreteattesaeeslttea irrseetters •a++arF in sfsrsr+al, Dsdsioss tef the ,dstaat soulat ry fcr bipart Adtoiaisttsdoe and the ba mdvs socratery made pummm to . ! 1 40a.WbM 40= 4M4(bl(%L and by aj(Rt] may appaakd the Board d der) ba radar paid"a (a) of this to the Board In M►s dn& MUM# *@ basis for the request. and ettaddog a con at the u" wallas svpporttag was doeauaarwtatim Auer a ratter# tits Board eriD notify the cossplalalai party of its decision in wsidsr#. t p-44a pt ova 140"1 (a) In parnsmL Us B mad seer the ramcadvs Matey, as sppnop. to, may bold a public or cloaW boar" during any proceedings as rervmrwe Coodected Under tug peat moca"ary or spprapriataa. (b) Arardam for public bsmrrsW& The Board wrW pobtiah codme in tW podsod Roth** of the date. time end location of the bsadw Ail paMdpa,sto abaB have the oppartualtr to matte a pznt eaAa don. ,AppUcants and (hair witnesses shad ott#tnatily appear first. TU --' A' erg OMM mar adopt Umtirntt+s Wr tadlvidnal pteeaentatiaeaae. 4"" Otlkid ream* Viet soes*& (a) Contatlrt Us bxsewtivs seastsry will maintain at the location stand In . . ; 400AXd) an offlcW record at each proceeding within dw Domd'o juxUdictim The Exacsttw Secretary wrW lackWW in the otl3dal tanned aR tactual hdmmsdm wddm ar�smeet. : and other, materiel dweh�od by, . p�asa�ated too, or obtahaed 6y t6e 8onard !a wceeeot400 with the prooeedtag. 710 . offldal wooed dill ooataala maatiai Heat• fa pablk. basiaese proprietary. . perivile$wL and daeaifiad..WWe d wm is too is ,gmiv west that a aasbsdat teoard . be kept of public baaafgp6 6s paroasadings of such baatisp Steele "natity be recorded i bumcAW Wb= syOppositionnt Opposition Is 6aeohF9& (b)OpenLVaxdcA= of P*md Tba of k:19 teeoos A operas ears the data this ft ecatltve Sea emr Sam apptieadm err receives a e+ qmm (fiat eeatisflss 66 eppucable od this part and doaos oa dw dace of tha Boards or the PacstmOve a final dote urination in thesp� ear mvie+►. as appWable. It the Baal ; determination is published to do redwd ReiSAW. the rseeatd aW edoso . our the date of publication. . (4j PFO"VOOM +ref rW MOWCW reams Lt01 eAtmWWWO i tw a coo" by ONO Rx"m"" , sho o0daimmm w0limAbormamvp &am the Dspartes+mt of Commmons. A owttftod am at the rreowd w Ol be suds oval able to a" mm bars vAAch any ospssct; of a promouting, it *ado mviswr. whit s to feeeveast of pareF► P� (a) Request for 06mmsk& Ito Dowd way request submissim of any lunformatioa6 including busioses pro awry infamous. and weutm Ma a ap{easpelaa to (b) ti'tablic JafaraioNara, Except as prmidad in paragraph (c) of this section. .60 Dowd will consider aH fafaematim submitted in a praoasding to be p M* lafomnd m IS the person meindt tog the in amutim doss sent agree to W pablia disdooeos. that Board wig astam dw Wometka and not considar it to dw PlUmedins ... (c) BuQAmm Ps+pd#hw. of garb �s�e "tiaasnoss pr+cprislatr' R nett ietcrmatloa appearta m 1W paW and request Scard protection, 6aaa pobiiea dq mtfom Diaae]ossrs of brim i adoa Mill be ga"mmed by 15 CYR psi( 4. . PdAW information in the edkhd rsosrd will be ava"ble for inspection and copying at the Office of the UwAdve, Secretary. Bor+aiwTMde Zooms Board. U.L Departmou of Commerce liaUding, Avows sod 14tb Street NWT Wes6ington DC:QM Data&;aasery », (tine Us L Ge dsksL A.d immeSms ortarmn I Atas� 4'hotrawa CoaamAtms err/ Alcer*ssse, /tiatofdr?tnsds>[amaa Ortard (FR Dm so -sass rued S-is-e ; stet) ((near eer+t aaaaee.r _90- 431 90- 432 CUSTOMS OPERATING REGULATIONS 19CFR PART 146 C 00-431 90- 432 0 al Foldet'al R.ftissieyr / Vol. Sl. No. 78 / Tuesday. February 11. 19 Rulrit and 12eitrslatiom 9 ernared by bond. that arisit fmm xrn+e rrtiriliea. Comment: !l few comments vrera received concerning Subpar? D. Part 14t). The commenters stated that many of the sections and subsection* of Subpart D were definitional in nature and should be in Subpart A. Response: The subject matter of Subpart D--the status of merchandise in a zone is of sufficient importance to merit its own subpart. The terms "privileged foreign rnerchu4se " "nouprivileged foreign merchandise." "domestic merchandise.' and "zone - restricted merchandise" do not appear In the Act. They were coined to describe the status of certain merchandise in a zone wi Lb reference to particular provisos of section 3 of the Act (19 U.S.0 81c). In that sense. the tenors are not definitional but descriptive. in th4t They simply protide a name for conditions prescribed by law, e.g. "zone-rratricted" describes the states of merchandise subject to the fourth pr %isc of 19 U.S.C. Bic. Out eomsrtenter urged that ! 14&44 (zone -restricted merchandise) be expanded to include a requirement that merchandise placed in a zone to obtain payment of drawback and subsequently removed for shipment to an insular possession of the U.S. be reported by the zone operator to the district director. Upon consideration. it has been decided not to add the requirement to Part 148. Section 121.13. Customs Regulations (19 CFR 191.13). provides that tests is no authority to allow drawback on articles shipped to insular possessions. Thera is authority to allow drawback on articles placed in a zone In zone -restricted states. Subsequent shipment of such articles to an insular possession would be contrary to the Act since it would not ba an exportation. destruction. or storage. The likelihood of each shipments is remote and aim J inn essentially covers the situation. there is no need to take allowance for it in i 146.44. In connection with the deletion of . !( M24, j) 14d.43 is amended to specify that no permit will be required for the admission. handling. or transfer to Customs territory of domestic status merchandise except: III When mixed a combined with merchandise of another zone status. and (2) when so ordered by the Commissioner in individual circumstances. The latter residual authority is retained to allow Customs to property control domestic status merchandise in unusual circumstances. The operator must still maintain proper •ecords of domestic status merchandise ender Subpart s. Part 145, even if no pr•rmtl is required. finally. A no!w 114A 14 has he n added. This section io a restatement of the statutory limitation on retail trade In a tone, found in section 15(d) of the Act (19 U.S.0 glo(d)). Changes are made throughout the regulations to conform them to the changes made by this document. Also. as a geneTnl point. whenever the word "days" appears in thir revision. it eteens calendar days. unless -working days" Is specified. After careful anslysis of all the comments received and upon further review of the matter. it has been determined advisable to adopt the proposed reguletory amendments with the various modifications as set forth above. Executive Order 12241 It has been determined that these amendments are not a "major rule" within the criteria provided In section 1(b) of E0.12291. and therefore no mgulatory impact analysis is required. Regulatory Flexibility Ae2 The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (S US.C. &M 004). are applicable to this document An Initial regulatory analysis was prepared and included in the NPRM as Appendix C. A final regulatory flexibility analysis is attached to this document as an appendix. Papet rrork Raductioo Act ilte collection of information requirements contained in ! 148M and the recordkeeping requirement contained In () 146-4. are subject to the provisions of the Paperwork Reduction Act (44 US.C. 3W41h)) and have been cleared by the Office of Managment and Budget (OMB). According y1 . Part 178. Customs Regulations (12 CYR Part 173). which lists the information collections contained in the regulations and the control numbers assigned by ONO. b being amended to include OMB control number 1515-M51. Drafting Warination The principal author of this document was Susan Terranova. Regulations Control Branch. Office of Regulations and Rulings. U.S. Customs Service. However, personnel from other Customs offices participated in Its development. 1lst of Subjects In 19 CFR Parts 144 and 179 ,pass *n*Arnv •:tor to terse R*r1tatione Chapter 1. Title 19. Code of Federal Regidotions. is amended by mvisins Pert i4e to road as follows: PART 146--•FOREIGH Ti1"IE ;CONES 5+ac. M0 Scope. Subpart A--G*nwW Pi ovisim 14&1 Aef►nitiorm ` 14e.2 District dirsctar as Bawd representative. i4&J Customs sgxrvision. 144.4 Operator respoosibility and supervtsim 146.3 Activotias im and camial 4a 14a.8 Procedure for activikboo. 146.7 Zone chan4114. 14e.11 Seale sutbority of operator to break and affix. ... 24da Permission of operstar. 146.10 Authority to examine sisircharidiss. M11 Tronsporeatioa of merchandise so a sacs. 14&12 Use of :ions by healer. 140.13 Customs forms nA procisdame. 14a.14 Rated trade widda a soar. , •, . subpart 0--4liviremory Control rd 1laoorolteaprrsp lQjrat.m _ ; j • ,....... 14&n Cosseealrequirements. 14QZZ Adaakmon of saorckesd*s to a saw. 34SM Acromtalsilit= for ssetchmmose in a :ran.. .. 24a34 Taasfw of assoichicadims ism a sows. 24LIS Annul eacu d6atim 14a.2a sysuam eeview. - Subpart C• Adnsiseiott of tllctdusellilso io a Zone 14am Admissibility of madiaadIm halo a ease. 14LU Applicattoa and primp fiat adMINIM of mercitaadts.. tat M Tsmpararr d.sporft for ssasd'aiiMa 14aS4 MordumAsa aaoattlss a seas. .. 149=1 Temposstry deposit is a sown . bmm=pkw docmocm it L 14L36 EVA=iss d= Of 14L37 Oparstar admissiao MwMaukka. 14LM Carl gfl—tsof arrival damcbmAlaa. 146.Za Direst dellvsry proosdw" • 14&40 Operator mVirinalbiliilss for d6a ' tidivery. StA*on D.—Status of YsreharWhe In a Zone 14IL41 Privileged fords* status. M42 Nonprivilesed forsisa states 146.43 Domestic status M44 74ne•tsstrieted status subpoet E— 4&ndtlrsg of Yrsewsdtaa Mu a tans Customs duties and inspection. iws1 Customs control of marrlu►nd►ss. Exports. Foreign trade zones. Imports. 14es2 Manipulation. manulscras. Reporting and recordkeep►ng exhibition. at desinunim Customs Eon% - requirements. Paperworl. requirements. ZIa• Collections of Information. 14as3 Shurujlvs and over'*"' 90- 431.. 90-- 432 5t1 i3 Fatieral Reftitter / Vol. 51.. No. 2.8 / Tuesday. Febmary 11'. 1986 / Rules and Regulatirins 9**M" F—Tmnwt, of ism,"mo Fsetret z> 1Wntt CaRslr+.�e9ieR trnnrfsr ref r�istnma x 1�5ritnry. 14+l.62 Entry. 144,63 Entry for coniumplion. 144i64 Entry for warrhouse. 146" Classificalton. valuation. and liquidation. 146.ee Transfer of merchandise tram one tone to another. 146.87 Transfer of met•t:.handise for importation. 14M Transfer for transportation or esponatton: estimated prisductuin. 141L.M Supplies. equipment and rtipsir material for veseets or aircraft. 14141,70 -Transfer of zone-raarncied taemhandne into Customs territory. 14671 Release and removal of momhandiso (coin zone. Subpart G—PonalUM Suspanstarn - Revocation 143a1 Penalties. 1" Suspension. 14 M Revocation of zone grant. Aotbovitr: 10 U.S.C. Be, bra - a1u.12t1x (CM Hdnala 11). 1523. 1624. IMS also issued under 31 U.S.C. 9701. i 14U Scope. Foreign trade zones are established = under the Foreign Trade Zones Act and • the general regulations and rules of procedure of the Foreign Trade Zones Board contained in 13 CFR Part 4M This Part 146 of the Customs Regulations governs the admission of memliandise Into a foreign trade zone. manipulation, manufacture, or exhibition in a zone: exportation of the merchandise from a - zooe: and transfer of merchandise from a zone into Customs territory. Subpart A— General Provisions 114CI pefi Mont. (a) The following words, defined in section 1 of the foreign Trade Zones Act of 19X as amended (19 U.S C. 61a), are given the same meaning when used in this part unless otherwise stated: "Board". -Grantee". and "Zones". (b) The following art general definitions for the purpose of this part (11 Act "Act" meant the Foreign - Trade Zones Act of June IL 1934. as amended (40 Slat. ti96.200ti; 29 UaC. trig-uj (21 Activation. "Activation" manna approval by the grantee and district director for operations and foi the admission end handling of merchandise In zone status. (31 Admit "Admit' means to bring merchandise into a zone with zone status. (41 Alteration. "Alteration" means a change in the boundaries of an activate zone or subtune: activation of a separate site of an already -activated eon* or.wu4b2on# with thrt same opvrittnr at th• same port: or this relocation of an alrratly.activPied •rue with th••• s%sme np!rii:lnr. (s) Customs territory. "Customs temtory'• is the temtory of the U.S. In which the general tanff laws of the U.S. apply. "Customs temtory of the United Slabs•• includes only the States. the District of Columbia. and Puerto Rico. (General Heodnole Z Tariff Schedules of the United Slates (19 U.S.C.1=)). (6) Constructive transfer. "Constructive transfer" is a legal fiction which permits acceptance of a Customs entry for merchandise in a zone before its physical transfer to the Customs territory. (7) Deactivation. "Deactivation" means voluntary discontinuation aI the activation of an entire zone or subzone by the grantee or operator. Discontinuance of the activated status of only a part of a zone site is on alteration. (a) Default. "Default" means an action or omission that will result in a claim for duties. taxes. charges. or liquidated damages under the Foreign Trade Zone Operator Bond. (9) Merchandise. "Merchandise" includes goods, wares and chattels of every description. except prmbibited merchandise. Building materials. production equipment. and supplies for use In operation of a zone are not "memrbandiss" for the purpose of this part (10) Domestic merchandise. "Domestic merchandise" is merchandise which has been 11) produced in the U.S. and not exported therefrom. or (ii) previously imported into Customs territory and properly released from Customs custody. (11) Foreign mercharidiss. "Foreign merchandise" to imported merchandise which has not been properly released from Customs custody is Customs territory. (121 Conditionally admissible merchandise. "Conditionally admissible merchandise" Is merchandise which may be imported into the U.S. under certain conditions. Memhandise which is subject to permits or licenses. or which may be reconditioned to briatg it into compliance with the laws administered by various federal agencies. is an example of conditionally admissible merchandise. (131 Prohibited merchandise. "Prohibited merchandise" Is merchandise the importation of which is prohibited by taw on grounds of public policy or morals. or any merchandise d which Is excluded from a zone by order of this Board. (looks urging treason or Insurrection against the U.S" obscene picturre. wad unit 06mi ant oxamplet of prohibited irrrr +aeuFiee. 114) Fungthir• merrhoridrsm-Fangihl+t nnrrchXmd01e', means mwrr_htt+t+" which for commercial ps�rps R is identitaal and interchangesble in all situations. (13) Operator. ••Operator" is a corporation. partnership, or person that operates a zone or subzone wider the terms of tin agreement with the two grantee. Where used in this port the term "operator" also applies to a "grantee" that operates its own =WA. (16) Reactivation. "Reactivation" means a resumption of the activated . status of an entire area that was previously deactivated without any change in the operator or the area boundaries. If the boundaries are - differenL the action is an alteration. U the operator is different it is an activation. (17) Subutrre. "5ubzone" is a special- purpose zone established as part of a zone project for a limited purpose: that cannot be accommodated within an existing zone. The term "zone" also applies to a subzone. unless speaed. otherwise. , .. • . ,- (15) Transfer. "Transfer" means to : take merchandise with zone states h m a zone for consumption. traltsporutlaa. exportation. warehousing. chnage or .• . lighteragt, vessel supplies and equipment. admission to anotharzoaa.. and Like purposes. (29) Unique identifier "Unique t Wentifser means the oumbem tattem or combination of number and letters that identify merchandise admitted to a zone with zone status. (20) User. "Usa" means a person or firm using a zone or subzone Lot storage. handling, or processing of mertbandisa- (:1) Zane? lot "Zara lot" manna a collection of merchandise maintained under an Inventory control method based an specific Identification of merchandise admitted to a zone by lot. (72) Zone site. 'Zone site" means Ilia physical location of a zone or subzone. (231 Zone status. "Zane status" means the status of merchandise admitted to a zone. La- conprivileged foreigm privileged foreign, zone restricted. at. domesti` 1 14a2 District dreetw m hoard _ repreaantauve. The district director In whose district the tons is located *hall be in charge of this tons as the representative of the =_ -Board. i 14u Customs (a) Assignment of Customs officers - Customs officers will ba assigned ur _= 90® 431 90- 432 VpAoirsl R+!giatelr / Vol. 51. Nn. ZA Tueiday, February 11. 1PM i Rules and Regulations PO;I doaded Ins vnne s% nw scary to (f) Stnrolra• anri handling. Then orvratnr mstnis:n XpPrornmts Customs shall On?* erA handle merchandise in a sttrOMIRInn of m►rchand,ste and rt'rords tone in a safe end sanitary manner to pertaining thereto to the xnntt. and to minimize damage to the merchandise. protect the revenue. avoid hazard to persons. end meet local. (b) Supervision. Customs supervision state. and Federal requirements over any zone or transaction provided applicable to a specific kind of goods. for in this part will be in accordancs All torah and waste will be promptly with; 181.1 of this chapter. The district removed from a zone:. Aitles will be director may direct a Customs officer to established and maintained. and doors supemst any irarsaction or proeadure and entrances left unbl,xkt : eor access at a zone. Supemsron may be by Customs officers and other persons performed through a periodic audit of in the performance of their official the operator's records. quantity count of - duties. goods in a zone inventory, spot check of (g) Guard service. The aperator is selected transactions or procedures, or authorized to provide guards or contract review of recordkeeping. security, or for guard service to safeguard the wnditions of storage in a zone, merchandise and ensure the security of the zone. This authonzation does not limit the authority of the district director to assign Customs guards to protect the revenue under section 4 of the Act (19 U.S.0 aid I. (h) Miscellaneous responsibilities. The operator is responsible for complying with requirements for admission. manipulation. manufacture. exhibition. or destruction. shortage. or overage: inventory conumi and recordkeeping systems. transfer to Customs temiory, and other requirements as specified in this part 1 144.4 operator maoen illA r and (a) Supervision. The operator shall supervise ail admissions, transfers, removals, mcordkeeptng, manipulations. manufacturing. destruction. exhibition, physical and procedural security, and conditions of storage in the zone as required by law and regulations. Supervision by the operator shall be that which a prudent, manager of a storage. manipulation. or manufacturing facility would be expected to exetrise. and may take into account the degree of supervision exerased by the zone war 114" Acdvstton too and Manuel tee. having physical possession of zone The operator. or where there is no merchandise. operator.the grantee. will be charged a (b) Customs access. The operator nonrefundable fee to activate a zone or shall permit any Customs officer access. any portion of a zone, or to alter or to a zone. relocate an activated portion of a scone. (c) Safekeeping of avexhiwdfse and under the provisions of 31 U.S.C. t1Tt71. records. The operator is responsible for The operator of an activated zone will safekeeping of merchandise and records be charged a nonrefundable annual fee concerning merchandise admitted to a for each activated zone as payment of zone. The operator. at its liability. may the coat of the additional Customs aLow the zone importer or owns of the service required tinder Qu Act as goods to stom safeguard, and otherwise proWdcd in is U.S.C. rein and the -maintala or handle the goods and the r teiona in this part. The operator or inventory records pertaining to thm grantet shall pay the annual Its to the (d) Records mointenamxe The district director of the district in which operator shall it t maintain the inventory the zoos is located within 14 days after control and mcordkeepinR system in activation and within 14 days after the accordance with the protons of effective date of the published fee Subpart B.121 retain all records required schedule for each year thereafter that In this Part and defined in 11h2.i(a) of the arse remains activated. The fee this chapter. pertaining to tone schedule will be revised annually and merchandise for b years after the published in the Fed" Rooter and merchandise Is removed horn the zooas. the Customs Bulletin. and (3) pmlecr proprietary► iafornsation in its custody from unauthorized disclosure. Records shall be readily available for Customs review at the zone. (e) hferchandise security. The operator shall maintain the zone and establish procedures adequate to ensure the security of merchandise located in the zone in accordance with applicable Customs security standards and specrftcations. by the aprnficstinn, any e1• rat nei to l" cnndticiv l ther*_in. sntl s star.ment of the ytensra! character Pf abe a omhendise to be Admitted. . lb) Supporting docurnerts. The application must be ocuoeapanied by the following- (1) The application fee required by ! 14d.s: (2) A blueprint of the aria apptove+d by the Board to be activated showing area measurements. Including all openings and buildings; and all catiets. Wets. and pipelines to any tank for the storage of liquid or similar pmduc . that portion of the blueprint certified to bi correct by the operator of the tank: (3) A gouge table. when appropriate. ehowind the capacity. in the appropriate unit. of any tank. certified to be correct by the operator of the tank: (4) A procedures manual describing the inventory control and mcordkeeping system that will be used in the zone. certified by the operator w greatest to meet the requirements of Subpart B: and (3) The written concurrence of the grantee. when the operator applies for activation. in the requested zone activation (c) Ingtwy by district dfriectm: As a condition of approval of the applicati= the district director may order an inquiry by a Customs officer into: •» (1) The qualifications. ciaracte& and experience of an operator and/or Prantee and their pctrdpal effiea>K and (2) the security, owtabifity. and fitness of the facility to receive tmembandise in a zone scab= (d) IJeclsion of the district dirscw- 'lice district director shall promptly notify the applicant in writing of his decision to approve or deny the application to activate the zone. If the application is denied. the notification will state the trounds for denial which treed not be limited to than listed in 1148.t1L The decision of the district director will be the final Customs administrative determination in the matter. On approval of the application. a Foreign Trade Zone Operators Bond shall be executed on Customs Form 3M. 14" Procedure for wftadwL tmodt oI (a) Application. A zone operator. or when there is no operator, a grantee, shall make written application to the district director of the district in which the zone is located to obtain approval of activation of a sons or tone site. The area to be activated may be all or any portion of the tons approved by the Board The application must include a description of all the zone sites covered contauung WAR bond tease 113.73 of this chapter. (a) Activation. Upoa the district director's approval of the application and acceptance of the executed bond. the zone or zone site will be conaidered ` activated. and memhandise may be admitted to the zone. Execution of the bond by an operator does not lessen the liability of the grantee to comply with the Act and implem.ntlag regulations. 90- 431 90- 432 !f Z F'o6oral Reyiaer / Vol. 51. No. 2P. / Tucsdxv. Febrt.tary 11. i"l6 / Roles and Retgn6tione 1 ts#.t 7r^o cKenvost Ice) Alters imm afoot ocrirot#4 arm. /4n operator ah.atl make -"Mon applirelton to the dietrtct director for ompmval of on alteration of an activated area. including an Alteration resulting from a zone boundary modification. The application must be accompanied by the fee required in 1 146-5 and the supporting document requirements specirted in it 14t1 t1. as applicable. The district director may review the security. suitability, and fitness of the area. and shall reply to the applicant as provided for in 1 1• 6.& (b) Ueractivotion or reactivation. A grantee. or an operator with the concurrence of a p•antee. shall make written application to the district director for deactivation of a zone site. indicating by layout or blueprint the exact site to be deactivated. The district director shall not approve the application unless all merchandise in the site in zone status (other than domestic status) has been removed at the risk and expertise of the operator. The district director may require an accounting of all merchandise in tt zone as a condition of approving the deactivation. A zone may be reactivated using the above procedure if a sufficient bond is on file under 114GAId). No fee is requited for deactivation at reactivation. (cl Suspension of activated site. When approval of an activated status has been suspended through the procedure in Subpart C. the district director may riequim all goods in that area in zone status (other than domestic status) to be transferred to another zone, a bonded warehouse. or other location where they may lawfully be stored. if the distract director considers that transfer . advisable to protect the revenue or administer any Federal law or regulation. (d) New bond The district director may require an operator to furrtish. on 10 days notice. a new Foreign Trade Zone Operstor's Bond on Customs Forts 301. U the operator fails to furnish the new bond. no more merchandise will be received in the zone in zone status. Merchandise in tone status (other than domestic status) will be removed at the risk and expense of the operator. A new bond may be required if (1) the aeUvated zone area is substantially altered. (2) the character of merchandise admitted to the zone or operations performed in the zoas are substantiaily changed;13) the existing bond lacks good and sufficient surety, or (al for any other reason that substantially affects the liability of the operator under the bond. Although a •ew bond may not he required. the perstor shall obtain the consent of the llurety in Any M,tenal alteration to then bounden" of the zone. le) New operrror. A grant" of an . ortsvated xnne'etas shall makip writinn mppltcatton to the district direclor for approval of a new operator. submitting with the appiicatten a cenificallan by the new operator that the inventory control and recordkeeping system meels the r'equimments of Subpart B. and a copy of the systems procedures manual if different from the previous operator's manual. The district director may order on inquiry into the qualifications. character. and experience of the operator and its pnncipal officers. — (f) The bond in { 14e.e shall be submitted by the operator before the operating agreement may become effective in respect to tritmhandise in . Lone status. The district director "ball promptly notify the grantee, in writing. of the approval or disapproval of the application. (g) last of officer: olrtnployees. and other persons. The district director may make a written demand upon the operator to submit, within 30 days after the date of the demand. a written list of the names, addresses. social security numbers. and dates and places of birth of officers and persons having a direct or indirect financial intermst in the operator. and of persons employed in - the carriage. receipt or delivery of merchandise in xone status, whether employed by the zone operator or a zone user. If a list was previously fivalshed. the district director may make a written demand for the same inforctation in respect to new persons employed In the carriage, receipt. or delivery of zone status merchandise within.10 days after such employment. The list need isot include employees of common or contract carriers traaaparting goods to or from the zone. . t tails Seats. author" of oporetatr 10 bnssk and attts.. . . The district director may authorize as operator to break a Customs in -brand seal affixed under 118.4 of this chapter. or under any Customs order of directive. on any vehicle or intermoaU container containing merchandise approved for admission to the zone upon its arrival at the zone: or to affix a Customs in -bond seal to any vehicle or intermodal container of merchandim for which an entry. withdrawal, or other approval document has been obtained for movement in -bond from the zone. The authorized affixing or breaking of that anal will be considered to have been done under Customs supervision. The operator shall report to the district director. upon amval of the vehicle or container at the zone. any seal found to be trrak . rnieeaintt tv itotrot+atip Afrixori. ,and hold the irrhido or r_ont#itter and its conte"tc intact Pending inetntcttna.a from the district director. If the operator does not obtain the written concunwmre of the carrier as to the condition of the steal or detivering conveyance. the disbict director shall deem the seal or delivering conveyance to be intact. I) 1493 pOWAssio" of - An application for pemaiseloo to admit merchandise into a zone. or to manipulate. manufactum exhibit, or destroy merchandise in a tone must include the written concurrence of the operator, except where the regulations of this pact provide for the tasking of application by the operator itself or where the operator files a separate specific at blanket application. Tba written eoncurttcnrx of the operator to the removal of merchandise trom a zone is not required because the mercbaadiss is released by the district director to the operator for delivery trim the zone, as provided in 1146.71 (a). g 14&10 AurAortrytoesasNne :.L•a armcluv dtsa. F. The dlsuict director tansy Cahn say merchandise to be examined before or at the tE,me of admission to a sot:" of at* any time thereafter. if the cxaminatiea Is considered necessary to facilitate die proper administration of any law. mrAsition, or Instruction which Customs is authorized to enforce. ! UL 11 Trarrsportattort esf raersltesrtdira to a sons, (a) Form outside Custamts territory c Merchandise may be admitted directly .1 to a tots from any place Outside _ Customs territory.. (b) Thrw4h Customs territory. fitra4i matr+chondisa. Foreign maercliandls destined to a zone and transported Its- .. bond through Customs tarritory will be subject to the laws and riegalatians applicable to other merchandise transported in -bond between two planes to Custom unitary. (c) Fiver Curtains terries damestit: merchandise. Domestic saamhandi e may be admitted to a sons from Customs territory by any means of transportation which will oat interfere with the orderly conduct of business in the zone. _(d) From a bonded warehouse. Merchandise may be withdrawn from a bonded warehouse under the procedures in 1144.37(g) of this chapter and transferred to a zone for admission in zone -restricted status. 90-- 431 90- 432 Feaieral Re 'ptw ( Vol. $1, No, 2A Tuesday, February M 1 % Rules and Reptilatinna 1 t4a.tr V" of "ew"w 14) Primary ups►; lading and unlading. The water 4r*a docking facilities. and ,Inv lading and unisding stations of a tone are intended primarily for the uniading of merchandise into the zone or the lading of merchandise for removal f:om the :one. Their use for other purposes may be terminated by Customs if found to endanger the revenue. or by the C. and if found to impede the primary use of the tone. Ib) Carrier in zone not axampt fmm low or regulations. Nothing in the Act or the regulations in this part shall be construed as excepting any carrier entering. remaining tn. or leaving a zone !rom the application of any other law or regulation. - 14L 13 Customs ewms and prvcadase. Where a Customs form or other document is required in this part. the number of copies of tha form or document required to be presented and their manner of distribution and processing shall be determined by the distrci director. except as otherwise specified in this part 144,14 Pet" tra0s wtu* a sorts. Retail trade Is prohibited within a zone except as provided In i9 U.S.C. 1no(d). See also the regulations of the Board as contained in 25 CFR part 4M Subpart 8-4nvarttory Control and Racordkeaping System or tunneler of merchandis+i frmni o tone either by rn_ne int or Custnme omthorited Inventory method. (b) Procedures mantral. (1I The operator shall provide the district director with an English language copy of its written inventory control and recordkeeping systems procedures manual to accordance with the requirements of this pert. (2) The operator shall keep current its procedures manual end shall submit to the district director any change at the time of its implementation. (31 The operator may authorize a zone user to maintain its individual inventory contmi and recotdkeeping system and procedures manual. The operator shall furnish a copy of the sane user's procedures manual. including any subsequent changes. to the district director. However. the operator will remain responsible to Customs and liable tinder its bond for supervision. defects in. or failures of a system. (4) The operator's procedures manual and subsequent changes will be furnished to the district director for information purposes only. Customs receipt of a manual does not indicate - approval or rejection of a system. (c) Liability of operator. Upon zone activation approval the operator remains habit for complying with all Inventory control and recordkeeping system requirements set forth in this part+ (a) systems capability. The operator shall maintain either manual or automated inventory control and recardkeepfng systems or combination manual and automated systems capable GE (11 Accounting for all merchandise. Including domestic status merchandise. temporarily deposited. admitted. granted a zone status and/or status change, stored,, exhibited. manipulated. manufactured. destroye& transfenvd, and/or removed from a zoos; (2) Producing accurate and timely reports and documents as required by this part (3) Identifying shortages and overages of merchandise in a zone in sufficient detail to determine the Quantity. description. tariff classification. zone status. and value of the missing or uticess merchandise: (4) Providing all the information necessary to make entry for merchandise being transferred to the Customs temtory: (5) Providing an audit trail to Customs forms from admission through manipulation. manufacture, destruction rn*rchand4o!. The "spvmm xa�mftt or rp"rd mill be completely drx%m%+e wd for Customs review to expt** the differences noted and con-mcitims rns_ds. (d) Recordation. Merchandise received will be accurately rerxtrded in the inventory system re=r& loaner the receiving report or docutnew asing the tone lot number or unique identifier for traceability. The inventoryescotd will state the quantity and date admitted. cost or value where appficatMet. zone status. and description of the merchandise. including any part at stock number. I 114111M Admission of memliandtse to a ions. (a) Identification. All merchandise will be recorded its a receiving report or document using a zone tot number or unique identifier. All merchandise. except domestic status merchandise for which no permit for admission is required under 1246.43. will be traceable to a Custotas Form Z14 and accompanying documentation. (b) Reconciliation. Quantities received will be reconciled to a receiving report or document such as an invoice with any dltit:repancy reported to the district director as provided in 1146.37. (c) Incomplete, documentation. Merchandise received without complete Customs documentation or which Is unacceptable to the inventory control and recordkeeping system will be recorded in a suspense account or rt*cord until documentation to complete or the system is capable of accepting the Information. at which time it will be formally admitted to the tons under 1146.32 or 148.40. The receiving report or document will provide sufficient Information to identify the merchandise and distinguish it from other 4 14C= Aerountabtiity 1w nordnndtw In a aorta. (a) Identification of merchandise. (1) General. A zone tot number or unique identifier will be used to identify and trace merchandise. (Z) fungible men:handfse Fttagible merchandise may be identified by an inventory method authorized by Customs. which is consistently applied. such as First -in -First -Out (FIFO) and using a unique identifier. (b) Inventory records. The Inventory records will specify by sane lot number or unique identifier. (1) Location of merchandise: -, (2) Zone status: (3) Coat or value, unless operator's or user's financial records cainudis cost or value and the records are mach available for Customs review.. (4) Beginning balance. comalative receipts and removals. adjustments. and current balaaa on hand by data and quantity: (5) Destruction of mercundise: and (a) Scrap. wast& and by-product& (c) Physical inventory. The Operaitor shall take at feael an annual pbysial inventory of all merchandise fa the stets (unless continuous ryds tatats are taken as part of an ongoing inventory control program) with prior Wdrr=tion of the date(s) given to Customs for any supervision of the inventory deemed necessary The operator shall notify the district director of any discrepentdas in accordance with 114tt.S1 9 t4ti.24 ?ranter of mwef mofte trees e sass. (a) Accountability. (1) All zone status merchandise transferred from a sons will be accurately recorded within the _inventory control and recordkemping system. 121 The Inventory control and recordketping system for mereisandiss transfers must have the capability to trace all, transfers back to a zone I�0� 4�21 5:1S4 Forlerat Rttviator f Vol. St. Nn. 9A j Turedxy• Febmary 11. 19" f i olps and Requltitinns admission under a Customs stOntirod invrm;nry method. (b) Informotion. The inventory control ertd mcorcikeeping symem artist be capable of providing all information necessary to make entry for trmnsfer of merchandise from the zone. 9 1ta:S Anti r9cmiduattoet (a) Report. The operator shall prepare a reconciliation report within g0 days rfler the end of the zone/svbzons year unless the district director authorizes on extension for reasonable cause. The operator shall retain that annual reconciliation repots for a spot check or audit by Customs. and need not furnish it to Customs unless tequested. There is no form specified for the preparation of the report. (b) Information required. The report must contain a description of merchandise for ►each zone lot or unique idenufer, zone status- quantity on hand at Lite beginning of the year. cumulative receipts and transfers (by unit). quantity on hand at the end of the year. and cumulative positive and negative adjustments (by unit) made during the year. (c) Certification. The operator shall submit to the district director within t0 working days after the annual reconciliation report. a letter signed by the operator cerUfying that the annual mconcilialioa has been prepared is available for Customs review. and Is accurate. The ear tifiation letter must contain the name and street address of the operator, where the repaired records am available for Customs mriew: and the name. title, and telephone number of the person having custody of the records. ReporUng of shortages and overages based on the annual mcoodliation will.be made in arcordanca with 124LS& Then reports roust accompany the certification latter. I4s2i tiystem review. The operator shall perform an annual internal review of the inventory control and recordkeeping system and shall report to the district director any .correctivedeficiency discovered and corrective action taken to ensure that the systal® sweets this requirements of this past Subpart C—Admisslon of Me to a Zone S 14U 1 Admi"bt{ity of rnerclt�w ar a soma. morchandiev. If th r is a q,t.�ttcrst as to wheth r the merr-bmr+divet moly b• prohibited, district directors m++y "T'I'mit the tr.mporary depnsit of the merchandise in a znne pending a fint►.l determination of its status. Any prohibited merchandise which is found within it tons will be disposed of in the manner provided for in the (taws and regulations applicable to that merchandise. (b) Conditionally admissible merchandise. The admission of this merchandise into a zone is subject to the regulations of the Federal agency concerned. to thttt s�etee ratrrllr farctut3+�s+-yt�s tl Tnne (sPe 1 141.11 of this r�aRs!rt) �slt�ae a rtplee.r order is, rrq.jir"4- it wi(1 ha trade ran any of the frinne ttpeeifinf it 1141.111 of this chapter. why t_he foijowing statement a►ttathed to Customs Form Z14, Authority is hereby givro to is Ow tt omhandistr dtsczibtd ►a tt+is application to Name of Carver Signature and title orcarrier mpnesentauw -----� A blanket or gwlirted mica= =der NaT be 1146.32 Application and permit tar authorized for this trensftr of menus a a to admission o1 merchandise- a sons its provided for in `14L111 of We (s) Application on Customs Form 214 chapter. and permit Merchandise may be admitted into a zone only upon application on a uniquely and sequentially numbered Customs Foram Z14 ('Application for Foreign Trade Zone Admission and/or Status Designation') and the issuance of a permit by the district director. Exceptions to the Customs Form 214 requirement are for merchandise temporarily deposited (! 146M). transiting membandise (114&34). or domestic merchandise admitted without permit (I 14&43} Us applicant for admission shall present the application to the district director and shall include a statistical copy on Customs Form 214-A for transmittal to the Bumau of Census. unless the applicant has made arrangements for the direct transmittal of statistical information to that agency. (b) Supporting docummU—(i) Commercial documentaUWL The - applicant shall submit with the application two copies of an examination invoice meetiry the requirements of Subpart F. Part 14L of this chapter. for any mesdrandiss. ether than that excepted in paragraph (a) of this section. to be admitted to a acaw The notation of tariff classification and value required by 114120 of this chapter need not be made. unless the merchandise U to be admitted in privileged status. any -(2) Evidence of right to asakr The applicant for admission shall submit with the application a document similar to that which would be required as Into evidence of the right to nsaks entry for merchandise in Customs territory under Merchandise of every description may bd admitted into a zone unless rhibited by iaw. A distinction is made b ween prohibited and conditionally admissible merchandise. (a) Prohibited merchandise. District direuors shall not admit prohibited ! 141.11 or I lom of this eha ter. (3) Release order. Merchandise will not be authorised for delivery by Customs to a zone until a Miesso order has been executed by the carrier which brought the niemhandise to the port. unless the merchsr►dise is ralsuped baci (4) Application to unlade, For merchandise unladen in the zaoe directly from the importing curies. the application on Customs Form 214 will be supported by an application to unlade on Customs Form 317L (5) Other documentatina The district director may require additional information or documenutioaas needed to conduct an examination of merchandise under Customs seliecttve entry processing criteria. of to determine whether the merchandise is admissible to the Zone. (c) Conditions tar issumm of o . permit. The district director will Used a permit for admission of i terdandise to a tone when: (IL) no application it propeft executed and includes the mat sums desired for the merchandise. as provided In Subpart D of this part: (2) The operator's approval a ftpsars either on the application or in a separate ipecific or blanket approval: (3) The merchandise U retained for , examination at the place of naladi�. the zone. at other locatim desigattsd by the district director, except IN Merchandise for direct dsliva T to a zone under if 14619 and 14L40.1110e merchandise may be examined as if It were to be entered for caowtaptioo of warehouse: and (4) All requirements have been Willed. (d) Blanket application for admissian of membandise. Merchandise stay be admitted to a sane under Waaket application upon prasentatlm of a Customs form 214 cover>ng ousts than one shipment of merchandisa. A blsnkst application for admission is for. - (1) Shipments which aeTive Under On@ transportation entry as described in 141.35 of this chapter, Of (2) Shipments which are destined to the same sons applicant on a steals 90- 431 90- 432 Federal ReVittar / llol. 31. No. Za / Tue+day, February 11. 191" / Pulpit and Regriltatitm, businAms day, in which case the applicant shall. (t) Present the examination invoices oft rrqutred by paragraph (b) of this section o the district director before the memhadise is admitted into the zone. (ii) Have been approved for the direct transmittal of statistical trade information to the Bureau of Census under an agreement with that agency; and (iii) Hove examination k oices containing a unique identifier to trace the shipment to the manifest of the comer that brought the merchandise to the port having jurisdiction over the zone, at well as to the inventory control and recordkeeping system of the operator as described in Subpart B. } 146.3a Temporary dspoo t for manipuinuon. Imported merchandise for which an entry has been made and which has remawed in continuous Customs custody may be brought temporarily to a zone for manipulation and return to Customs territory under Customs supervision. pursuant to section MZ Tariff Act of 1930. as amended (19 US.C.156Z), end 129.21 of this chapter. That merchandise will not be considered within the purview of the Act but will be treated as though remaining in Customs territory. No zone form or procedure will be considered applicable. but the merchandise will remain subject to any requirements necessary for the enforcement of section 362 and other Customs laws while in the zone. Im muds the ae,blg,•ct of an application for admission in accordance with ll 146-32- or it must be removed from the tronet. 1146.35 Temp"ry dopovn In A 20fw; incomptstis doeit". ntAtton. (a) General. Temporary deposit of merchandise in a zone is allowed in circumstances where the infomation or documentation necessary to complete the Customs Form 214 Is not available at the time of arrival of merchandise within the jurisdiction of the port. The merchandise will be subject to examination as provided in (j 146.31L (b) Application. An application for temporary deposit will be made to the district director on a properly signed and uniquely numbered Customs Form 2m annotated clearly '"Temporary Deposit in a Zone". (c) Conditions. Merchandise tamporanly deposited under the provisions of this section has no zone status and Is considered to be in the Customs temtory. It will: (1) Be physically segregated barn all other zone merchandise: (2) Be held under the bond and at the risk of the operator. and (3) Be manipulated only to the extent necessary to obtain sufficient information about the merchandise to file the appropriate admission or entry documentation. (d) Approval. The district dimci or shall approve the application for temporary deposit of merchandise In a zone if the provisions of paragraphs (b) and (c) am met. (a) Submission of Customs Form 214. 144.34 Merchandise unseeing a none. A complete and accurate CttslOtns Form 'sibs following procedure is applicable 114 well be submitted. as provided in when merchandise is to be unladen from a 1 within 5 working days plus any any carrier in the zone for immediate extension n granted by the district transfer to Customs territory. or it it is to 'director. or the merchandise shall be be transferred from Customs territory placed in general order. through the tons for immediate lading i 146.3E Esarrtinauas of mare teiruft . on any carrier in the tone. Except for direct delivery pl%Kadures (a) Application. Application for provided for in 1148-39. all merchandise permission to lade or unlade will be covered by a Customs Form 224 may Le filed with the district director on retained for Customs examination at the Customs Form 3171 prior to transfer of pplace of unlading. the zone. or another the merchandise into the zone. loutlon. as designated by the district (bl Permit The district director shall director. The district director may Permit the transfer unless be has reason authorise release al the membandise to believe that the merchandise will not without examination. as provided in be moved promptly from the zone or will J 131.2 of this chapter. tf a physical be made the subject of an application examination Is conducted. the Customs for admission in accordance with officer shall note the results of the ij 145.32(a). examination on the examination (t:) Treatment of merchandise. Upon invoices. the issuance of a permit to lade. or unlade. the merchandiss will be Imated as though the lading or unlading were in the Customs tetniory. (d) Delay in tone transit_ Memhandisi delayed while transiting a zone must be fj 14a.37 Opsretw admitsatoet respontrbitities. (a) Maintenance of admission documentation. The operator shall maintain tither. (1) Lot filw. The orarrr:tax at*fl ??+ and rmsintein mint filet rz++ntasttart7 a evtvey of the Commmtt Farm -1kthR exeminatirsn invni". sort all oth" documentation necessaryta 00=itmi for the merchandise covet d by each Custome Form 21.4. The IoA isle will be maintained to acquentW ordwby mw" the unique number assigned to•esdn Customs Form 214 as the file rtifarence number. or (2) Authorized inruftnrymw1J%o& Where a Customs sutho6ud inventory method other than a lot tysteta (spetaflc identification of merchandise) Is use. e.g.. First -in -first -Out (ML no kit file Is required but the operator shall cmintain a file of all Customs Foam's 214 In sequential order. (b) ,Cxaminadon ineroicL The operator shall give a copy of the examination Invoice to the person making entry to transfer the merchandise from the zone upon request of that person or the district director. (c) Liability far marchaodicaThe operator will be held liable wader its bond for the receipt of mechandisi admitted in the quantity and condition as described on the Customs Form 21C except as modified by a disaepency report . an (1) Signed jointly by tba operatord carrier on the Customs Form 214 or other approved form within 15 days after admission of the merchaniUm and. reported to the district dhsclot within t working days thereafter: or (2) Submitted on Customs Foam fiM tinder the provisions of Subpart A. Part i3a. of this chapter within 20 days aAer admission of the merchandise. The operator may Me a Customs Faso Un on behalf of the person who applied floc admission of merchandise to the zone (d) Supervision o%merchandise. 1 a district director may authoeiss the receipt of zone status merchandise at a sane without physical supervision by'a Customs officer (see i 14U. In that use. the operator shall soperriss the receipt of merchandise into the apw report the receipt and condition of the merchandise. and mark packages with the unique Customs Form 214 Rumba so that the merchandise can be traced to a particular Customs Form Z14. Packsttes that are accounted for under a Customt�- authorized inventory method other than specific identification. need not be marked with a unique Customs Forth 214 number but must be adequately Identified so Customs can tmndud an Inventory count. The operator shall submit the Custom Form T14 to Customs at the location specified by the district director. 90— 431 90— 432 Faderal Rniatar / Vol. 31, No. 28 / T+.ae5clay. February 11. 1 A / Roles and Regulaiiom � ty..�A �R+^ttflear�e et a*n•,►s�t r!t r�+*•,�nr,�tsa, Whenover a certificat@ prepared by iakCustoms as to the arrival of any nerchandise in a *one is required by a rederal agency, the district director shall issue the document certifying only that aulhorization to deliver the n emliandise to a zone has been made. The operator shall issue a cenificats of arrival of merchandise at a zone. 114t119 Dimwit delivery procedures. (a) Genercil. This procedure is for delivery of merchandise to a zone wiihout prior application and approval on Customs Form 214. (b) Application. An operator, meeting the criteria of paragraph (c) of this section. shall rile a written application with the district director at least 30 days before the special procedure Is to become effective. The application will describe the merchandise to be handled or processed. and the find of operation which it will undergo in the zone. (c) Criteria. The district director shall approve the application If the following rxitena are met: (1) The merchandise is not restricted or of a type which requires Customs examination or documentation review before or upon its arrival at the zone: (2) The merchandise to be admitted to the zone- and the operations to be inducted therein, are known well in ` } advance. ere predictable and stable over the long term, and are relatively fixed in variety by the nature of the business conducted at the site: and (3) The operator Is the owner or purchaser of the goods. (d) Application decision. The district director shaU promptly notify the operator, in writitg, of Customs derision on the application. U the application is denied. the district director shall specify the reason for denial in We reply. The district directors decision will constitute the final Customs administrative determination concerning the application. (a) Revocation of approval. The .. district director may revoke the approval given under this section If It becomes necessary for Customs routinely to examine the merchandise or documentation before or upon admission to the zone. 1 14a.40 Operstw respans"lies for "act delivery. (a) Arrival of conveyonce. Upon arrival at a subzone or zone sits of a conveyance containing foreign merchandise, the operator shall: (1) Collect In -bond or cartage 119 ocumentation from the carrier. (2) Check the condition of any seal Affixed to the cona"yanret, and if broken. missing or imprnporly affixed• notify the district director and mcAive Instructions beform unloading the merchandise: (a) Check each incoming In -bond and cartage shipment to determine if the manifested quantity or the quantity on the cartage document agrees with the quantity actually received: (4) Sign and oate the In -bond or cartage documentation to accept responsibility for the merchandise under the Foreign Trade Zone Operator's Bond and to relieve the carrier of responsibility. (S) Forward the in -bond or cartage documentation so as to reach the district director within 2 working days after the date of arrival of We conveyance at the subzorie or zone site: (a) Maintain a rile of open in -bond manifests in chronological order of date of conveyance arrival to identify shipments that have arrived but the entire contents of which have not been admitted to the subzone or zone site: and (7) Notify the district director, by annotation on the Customs Form 214. when the entire contents of a shipment have been admitted. (b) Admission of merchandise: alternative procedures. —(I) Cumulative Customs Form 214. U the operator has an agreement with the Bureau of Census for direct transmittal of statistical information. he shall submit to the district director each business day a properly signed and uniquely numbered Customs Form =4 listing all merchandise except for domestic status merchandise admitted under 1 140.43 recorded Into the inventory control and recardkesping system during the previous business day. The Customs Form 214 must contain a Ust of all in - bond (LT.) numbers or the unique number of any cartage document. as well as the number of invoices for each LT. or cartage document. pertaining to merchandise which has been entered Into the system. (2) Individual Customs Forest 214. It a cumulative Customs Form 214 is not submitted as provided in paragraph (b)(1) of this section. the operator shall flla with the district director each business day an individual Customs Form Z14 and 214-A covering each shipment recorded into the inventory control and reeordketping system during the previous business day. The forms shall be submitted within 10 days after the and of the month in which the merchandise was received in the zone. and no extension beyond that time will be approved by the district director. (3) Gemara, orripr h4prrl±a dt. which la not admillod into a suhtne car tons pith Rs pmvidpd in lhis s�ctt�st +vititin 1 woriaing days after its anivaltho" Vnity be sent to general order amiss (i) The district cilrectorgrants the operator's request for an extmsian of the 5 working day period: or (II) The importer of record Res an appropriate Customs entry ier the mechandise and removL; .. hum thus Gans promises. • . (4) Inventory control and rtecordkeeping system. The operates• shall establish and maintain continuing input quality contral program to ensure that information concerning merchandise in admission doemments. verified or corrected by counts and checks, is accurately recorded in the inventory control and reconiketping system- Quantities recorded in the system. after allowance by the district director for any discrepancies. will be the quantities of merchandise forwhlch the operator shaU be held 11" under its bond for admission to the subzone or zone site. A discrepancy involving a within -case shortage (or average) need not be reported an Customs Form =I. If the operator is able to repcstthat ' R information in another manner so that ' the district director can datenmine ''• whether there is liability for the - discrepancy under the bond of any party to the importation. Subpart D—Status of Mardtandiae In a Zone 111441.411 frtv1e9ed foreign d01s1a. (a) Genetcl. Foreign merchandise which has not been man4a"ted at manufactumd so as to affect a change in tariff classification will be given status as privileged foreign merchandise an proper application to the district director. (b) APplicatiom Each application for this status will be made an Customs Form 214 at the time of filing the application for admission of the maichandiso into a zone or at any time thereafter before the marrhandice has been manipulated or manufactured be the some in a manner which has affected a change in tariff classification. (c) Supporting documarrtatioa Each applicant for this status shall submit to the district director. with the application, an Invoice notated as provided for in 1 141.90 of this chapter. (d) Determination of duties and taxes. Uftn receipt of the application and accompanying invoice. the district director may examine the merchandise to datermine whether to approve the application. The mcmhan&" will be 90- 431 90- 432 f ac+9e+rs1 Regl4tar J $1, Nn. 2.e / Tuesday, February 11, 1m / Roses end Retpli ttio"s sOrltrt ref rase*ifisstian st*d volt"tio" as prnvid!d in 1 1sot.ttS. le) atvtus a79 prard ed %n+a►ipn .-Yierrhandise binding. A statue as Privileged foreign merchandise cannot be abandoned and remains applicable to the merchandise even if clanged in for= by manipulation or manufacture. except in the case of recoverable waste (see I t4t1.42(b)). as long its the merchandise. remains within the I.... -itw of the Act. However, privileged foreign merchandise may be exported or withdrown for supplies, equipment. or repair material of vessels or aircraft without the payment of taxes and duties. in accordance with It 14647 and 14069. 1144.42 Norprtvit*yed foreign status All of the following will have the status of nunprivileged foreign merchandise: (a) For_ign merchandise- Foreign - merchandise properly in a torte which does not have the status of privileged foreign merchandise or of zone- restricted merchandise: (b) Waste. Waste recovered tram any manipulation or manufacture of privileged foreign merchandise in a zone: and (c) Certain domestic metchandim. Domestic merchandise in a tone. which by reason of noncompliance with the regulations In this part has lost its identity as domestic merchandise- will be treated as foreign merchandise. Any domestic merchandise will be considered to have lost its identity If the district director determines that it cannot be identified positively by a Customs officer as domestic merchandise on the basis of an examination of the articles at consideration of any proof that may be submitted promptly by a party -in - Interest. li 14L43 Domestic wa+a- (a) Cenerol. Domestic status may be granted to merchandise: (1) The growth. product or manufacture of the US- on which all internal-raverue taxes. aappUntla., have been paid. (2) Previously imported and an which duty and tax has been paid: or (3) Previously entered free of duty and to X. (b) Application. No application or Permit is required for the admission of domestic status merchandise. i--tduding domestic parking and repair material, to a Zone, except upon order of the Commissioner or Customs. No application or permit is required for the munipulrtiorL manufacture. exhibition. destruction, or transfer to Customs territrry of dom— omis atetile 1"tr handi.n, including packinp and repair eratarixls, except. (1) Whan it to mixed m combined with merchandise in another zone status, or (21 upon order of the Commissioner of Customs. When the Commissioner orders a permit to be required for domestic status merchandise. he may also order the procedures. forms, and terms under which the pa. -tit will be received and processed., (c) Return of merchandise of Customs tarritory. Upon compliance with the provisions of this section. any of the merchandise specified in paragraph (a) of this sectiom may subsequently be returned to Customs territory free of quotas, duty, or tax. 11414.44 Zone-teatricted statua. (a) Ceneral. Merchandise taken Into a zone for the sole purpose of exportation. destruction (except destruction of distilled spiriu. wines. and fermented mail Uquars). or storage will be given zon"estricted status on proper application. That status may be requested at any time the merchandise Is located in a zone. but cannot be abandoned once granted. Merchandise . in zone -restricted status may not be removed to Customs territory for domestic consumption except where the Board determines the return to be in the public interest. (b) Application Application for zone- rrestricted status will be made on Customs Form 214. (c) Merchandise considered earported.—(1) for Custorns purposes. If the applicant desires a zone -restricted status in order that the merchandise may be considered exported for the purpose of any Customs law, all ,pertinent Customs requirements misting to an actual exportation shall be complied with as though the adtaisal*o of the merchandise into zone constituted a lading on an exporting carrier at a port of final exit from the U-S. Any declaration or form required for actual exportation will be modified to show the merchandise has been deposi.ed in a tons in lieu of actual exportation. and a copy of the approved Customs Forts 214 may be accepted in lieu of any proof of shipment required in cases of actual exportation. (2) for other purposes. It the merchandise is to be considered exported for the purpose of any Federal law other than the Customs laws, the district director &hall be satisfied that all pertinent laws. regulations. and rules administered by the Federal agency concerned have been complied with before the Customs Form 214 is approved. (d) Xferr ondisa.nfrr+d/rrr war housing lmnsjcrtrd to ar rr nop, Ma mhandi•s entered for waretususing and transferred to a zone- oth+erthatn temporarily for manipulation and rtturn to Customs territory as provided for in 1146.33. will have the states o(mine- restricted merchandise when admitted Into the wane. The application on Customs Form 214 will state teat zone- resticted status is desired foe the merchandise. Subpart E-4tanding of Uen*wWhe In t, Zone f 14a-Sit Customs Control dawcssa+diae. No merchandise. other than domestic status merchandise provided for in 1146.43. will be manipulated manufactured exhibited. destroyed, or transferred from a zone in any meaner or for any purpose, except under Customs permit as provided Win this , parL Tbs district directormayrequire segregation of any zone status . merchandise whenever necessary to . . ptcstect the revenue or properly administer U.S. laws at regulations. 114&U Maniptdab^ ariameac3sr.' esdstMOn of dextt%x tom Cuamors Foera 21L (a) Application. Prior to any actioiL the operator shall file with the district director an application toe blznhat application) on Customs Focsn2111 Ent permission to manipulate. toamufaaurei exhibit. or deotroy merchaadisa in a zone. After Customs approves the application (or blanket applicstion) the operator will retain in his reaardkeeping system the approved applicati m. (b) Approiral, (i) The district dirsdW " approve the application unless► (i) the pimpoeed operation would be in vioLtim of lair or regulatiozi: (U) the place des4 ated for its performance is not smitabla to preventing contusion of the identity or status of tha mercl andIm or for safeguarding the revenue; (iii) the district director is not satisfied that the destruction will be effective: or(itr) the Executive Secretary of the Board has not Sirsinted approval of a new manufacturing operation. (2)'no district director Isaulhorind to approve a blanket applicatim for a period of up to one year for a continuous or rcpctitivo operation. The district director may disaprove of revoke approval of any application. or may sequin the operator to rife an individual application. (c) Appeal of adverse ruhnS. If an approved applioation is subsequently rescinded by the district director for any reason. the applicant plr sae may :f _ 431.-. 90- 432 WSR federal tfegietnr f Vol. 51. No. 2A / Tuesday. Febrtrary 11, 1ppo / Rtrl?�s :and Regutmiims 9i avpeal the advere# nding pursuant to th4 hearing pmvrsinna of 1 140N.41(b)(2). The roscisomn shall ron"ain in affgTt prncting the decision an the appeal. (d) Report Arsults.--ji) Sepamta► opplication..---The operator shall report on Customs Form 216 the results of on approved manipulation, manufactum, exhibition. or certification of destruction (other than by a blanket application), unless the district director chooses physically to supervise the operation. (21 Wanket application The operator shall maintain a record of an approved manipulation. manufacture. exhibition. or certification of destruction. in its inventory control and recoHkeeping system so as to provide an accounting and audit tail of the merchandise through the approved operation. (e) Destruction. The district director may permit destruction to be done outside the zone. in whole or in part and at the risk and expense of the applicant. and under such conditions as are necessary to protect the revenue. if proper destruction cannot be accomplished within the zone. Any residue from the destruction within a zone. which is determined to be without commercial value may be removed to Customs territory for disposaL ! 144,M Shortapas and avem"s. (a) Report required The operator &hail report. in writing, to the district ditsctor upon identification, as such. of &Dr• (1) Theft or suspected theft of merchandise; (2) Merchandise not properly admitted to the zone; or (31 Shortage of one percent (1%) or more of the quantity of merchandise in a lot or covered by a unigus indenUGer, if the missing merchandise would have been subject to duties and takes of S100 or more upon entry into the Customs territory. The operator shall record upon identification all shortages and overages. whether or not they are required to be reported to the district director at that time. In its Inventory control and mcordkeepini system. The operator shall record all shortages and overages as required In the annual reconciliation report under 1145-25. (b) Certain domestic mertchandise. Except in a case of theft or suspected theft. the operator need not file a report with the district director. or note in the annual reconciliation report. any shortage or overage concerning domestic status merchandise for which no permit Is required. (c) Shortage. (1) Opem. rnrmirponiibility. The npAratnr is 709pnns11114 under its Fnr+rign Trade 7.,onn lll+erstor'* !?lone( for any loss of merchandise or for any merchandise which cannot bra located or otherwise accounted for (except . domestic status merchandise for which. no permit is required). unless the district director is satisfied that the merchandise was: (i) Never received in the zone: (0) Removed from the zone under proper permit: - (iii) Not removed from the zone: or (iv) Lost or destroyed in the ions through fire or other casualty. evaporation. spillage. leakage. absorption. or similar causc and did not enter the commerce of the U.S. • (21 Liability for duty and taxes. Upon demand of the district director. the operator shall make entry for and pay duties and taxes applicable to merchandise which is missing or otherwise not accounted for. (d) Overage. The person with the right to make entry shall file. within 5 days after identification of an overage. an application for admission of the merchandise to the zone on Customs Form 214 or rile a Customs Entry for the merchandise. U a Customs Form 214 or a Customs entry is not timely filed. and the district director has not granted an extension of the time provided. the merchandise shall be sent to general order. (e) Damage. The liability of the operator under its Foreign Trade Zone Operator's Bond may be adjusted for the loss of value resulting from damage to merchandise occurring in the zone. The operator shall segregate. ma& and otherwise sense damaged merchandise to preserve its Identity as damaged merchandise. Subpart F—Transfer of Merchandise from a Zone 1146.61 Constructive transfer to Cuetoma tarritory. The district director shall accept receipt of any entry in proper form provided under this subpart. and the merchandise described therein will be considered to have been constructively transferred to Customs territory at that time. even though the merchandise remains physically in the zone. If the entry is thereafter rejected or cancelled. the merchandise will be considered at that time to be constructively transferred back into the zone in Its previous zone staass. frnrn a 7tr?n._. or ern nWed Am" p sue+* fur eaportalic+n or trwnfrxet to an+►rher pear!. for mnavrnpo" or WArn "M*%. "ill be Made on Grstoma Fom7751Z Custom% Form 34J31. Cis Form 73tr1. or other applicable Carslme forme, If entry is made on CustausForstt W1, the person making entry *all file an entry summary for ail dwr ssercharsdise covered by the Custom Fares W1 within 10 working days affer the !faze of entry. (b) Documentation. (1) C astmns Form 7501 or the envy summarywill be accompanied by the entry documentation. including invoices as provided in Parts 141 and 142 of this chapter. The person with tys right to make entry sball submit any other supporting documents req*vd by lair or regulations that relate to the transferred merchandise and provide the information necessary to support the admissibility. the declared values, quantity, and classification of the merchandise. If the declared values are. predicated on estimates or estimated costs. that information rausrbe dearly stated in writing at the time an entry cc . entry summary is filed. (21 Customs Form 73U fan merchandise to be transferred to another port or zone or for export am shall state that the merchandise covai ed is foreign trade zone machandim give the number of the gnus fines which the merchandise was umulerre& state tha status of the merrhandisc and. if applicable, bear the noted= or endorsement provided far in 114t1.64(c] 1146M(b), or 1145.70(c). (c) Waiver ajsupporritrydaarments The district director may wishe presentation of an invoice and supporUng documentation mgeiresd In paragraph (b) of this section with the entry or entry summary. if satisfied that Presentation of those doci m u would be impractical. and the person making entry or the operator eitha files hav kn and supporting documentation with the district director or maintains and makes those records available fax examination by Customs. J 144.63 (Entry for consumisdoL (a) Foreign merchandise. Merchandise in foreign status of composed in part of merchandise in foreign status easy be entered for consumption from a tote. (b) Zone-restrictedmetchandisa. Merchandise in a zone-mstrictad status may be entered for consumption only when the Board has ruled that merchandise can be entered for 1146.92 Entry. consumption. (a) General. Entry for foreign (c) Estimated production.-411 Weekly merchandise which is to be transferred entry. When merchandise is 90- 431 90- 432 Federal 1RpVstatr / Val. 31, No. 7A / TuPldaty. Febrvary 11. IM J Ruffs and RPRUIatlomt S1.59 manufactured or nth+arwiso char►saKi in a Tone (exclusive of packing) is its p5yaicai condition as rnr*.rsd within 24 un before physical transfer from the ne for consumption, the district lirectar may Allow the person making entry to rile an entry on Customs Form 3461 for the estimated removal* of merchandise during the calendar week. The Customs Form 3461 must be accompanied by a pro forma invoice or schedule showing the number of units of each type of merchandise to be removed during the week and their tans and dutiable values. Merchandise covered by an entry made under the provisions of this section will be considered to be entered and may be removed only when the district director has accepted the entry on Customs Form 3461. if the actual removals will exceed the estimate for the week, the person making entry shall file an additional Customs Form 3481 to cover the additional units before their removal from the zone. Notwithstanding that a weekly entry may be allowed, all merchandise will be dutiable as provided in 1 145.05. When estimated removals exceed actual removals. that excess merchandise will not be considered to have been entered or constructively t wuferred to the Customs territory. ' (21Individual transfers. After iceeptance of the weekly entry. individual transfers of merchandise covered by the entry may be made from the zone. (d) Textiles and textile products Subject to the existing statutory authority of the Board. taxtilw and textile produ_ts admitted into a Bona. regardless of whether the mettlrandise has privileged or nonprivileged foreign status. which would have been subject to quota or visa of exhort beLme requirements in their condition at the time of importation (if entered for consumption rather than admitted to a zone), may not be subsequently transferred into Customs territory for consumption if, during the time the merchandise is in the zone. titers has been a change by manipuisum manufacture. or other means: (1) In the country of origin of the merchandise as defined by i 12.13o of We chapter. (2) To exempt trim quota or visa or export license requirements other than a change brought about by statute. treaty, executive order or Presidential Proclamation: or (3) from one textile category to mother textile category. fi takaa tr_ntry f-w (a) F'oreipn merchondi.re. Mertharndieat In privileged foreign ptews or "mpns4d In part of merchandise in privil►geci foreign status may not be entered for warehouse fmm a xone. Merchandise In nonprivilegtd foreign *lotus containing; no components in privileged foreign status may be entered for warehouse in the same or at a different part- (b) ?one-rostricted merchandise. Foreign merchandise in some -restricted status may be entered for wuvbouse in the same or at a different port only for storage pending exportation, unless this Board has approved another disposition. (c) Textiles and textile products. Textiles and textile products which have been changed as provided for in 1 145.53(d) may be entered for warehouse only if the entry is endorsed by the district director to show that the merchandise may not be withdrawn for consumption. (d) Time limit Merchandise may neither be placed nor remain in a Customs bonded warehouse after S years from the dale of importation of the merchandise. trrtra veal+ve shall be the en#4 atoll maveri#ls R.nd tone prneesr inseeuts rrlaated to th.a m±�rchsndisatiem�cl from tha Ion,?. (2) Dutiabl# volve. IN* amble value of rnerr-handis!, provided For bi this section shall be the prica ectolly perd or payable for the memh*vdim in that transaction that caused thommsduuWlse to be admitted into the =ens less, if included. international shi meat and Insurance casts and UA tdand ktight costs. If then is no such ptrkx actually paid or payable. or no reasonable representation of lb.at cost. due dutiable value may be determined by excluding from the zone value any im baled sons costs of processing or fabrication. general expenses and profit sad the international shipment and invaimce costs and US. inland freight casts related to the merchandise iraasfensd from the zone. The dutiable value of recoverable waste or soap provided for in 1 14&42(b) will be the prise actually paid or payable to the zone seUet in the transaction that caused that mmverable waste or strap to be tzansb=ed from the zone. 1146.6S classiftcation, v oluattion, end (3) Allowance. An suawsnca im the gquic anon. • dutiable value of zone merchandise may (a) Classification. --{I) Privileged be made by the district director fn ..� foreign merchandise,. Privileged foreign accordance with the provisions of merchandise provided for in this section Subparts B and C of Part 12 of this will be subject to tariff classification chapter. for damage. deteriocadom or according to its character. condition and casualty while the metcluin iss is in the quantity. at the rate of duty and tax in zone. _. force an the date of filing, in complete (c) Liquidation; axtensias to agsalats and proper force. the application for cost data: When the dedwed value or privileged status. Classification of values of the merchandise an based an merchandise subject to a tariff -rate an estimate or estimates. tilt paaoa import quota will be made only at the making entry may request an sattaaslan higher non -quota duty rate in effect on of liquidation pending the paeo nudes the date privileged foreign states was of updated or actual cost data. A request granted. for an extension may be gnrattd at the (2) Nonprivileged foreign diseretioa of the district daadmc. merchandise. Nonptivileged foreign 11144.6411 Trscster t><as merchandise provided for to this saWoa env staff to anottcee. wail be subject to tariQ as es no is accordance with its character. condition (a) At the seine port. A tanda of and quantity as constructively merchandise to another sane with a transferred to Customs territory at the different operator at the saran port time the entry or entry summary Is filed (including a consoiidsled pert) will be with Customs. by a ilcumed cartman undo as entry for (b) Valuation.-41) Total tone value. immediate transportation esGutoms The total zone value of merchandise form 7112 or other appropriate fort: provided for in this section will be with a Customs Form 214 W at tbs determined In accordance with the destination zone. A transterst principles of valuation contained in merchandise between zone sstas at the sections 402 and Soo of the Tariff Act of same part having the same operator May 1030. as amended by the Trade be made under a permit on CF W43 or Agreements Act of 1979 (19 U.S.C.1401a. under a local control systems approved 1b00). The total zone value shall be that by the district director when any loss price actually paid or payable to the of merchandise between sites will be zone seller in the transaction that treated as if the loss occurred is the caused the merchandise to be sons. transferred from the zone. Where there (b) At a different port. A transfer of is no price paid or payable. the total merchandise from a zone at area port of 4 i AM 90- 432 Fv,1rrrl R-moister / VOL 31, Net. 29 / Tue,day. Frbntary 11. 1988 / Rules rind Regulatlonta ntry to A ttrine At snoth.r part -ill bo by bonded camer under an "try for immediate trttnsAartAtinn an t]tstoma f'orrn 7512. All copies of t1+e entry must bear it notation that the merchandisa is being transferred to another were designated by its number. (c) Forwarding of merchandises history: documentation. When merchandise is transferred tinder the provisions of this section, the operator of the transferring zone shall provide the oper of the destination zone with the documented history of the merchandise being transferred. (1) The following documentation must accompany merchandise maintained under a lot inventory control system: (i) A copy of the original Customs Farm(s) 214 with accompanying invoices for admission of the merchandise and all components thereof: (ii) A copy of any Customs Form 214 riled subsequent to admission to change the status of the merchandise or its components; and (iii) A copy of any Customs Form 215 to manipulate or manufacture the merchandise. (2) The following documentadon must accompany merchandise not under a lot system. and not manufactured in a zone: (i) A copy of the original Customs Form(s) 214 with accompanying invoicas for admission of the merchandise as attributed under the particular sons Inventory method: (ii) A copy of any Customs Form 214 . filed subsequent to admission to change the status of the merchandise as attributed under the particular zone inventory method: and (ice) A copy of any Customs Form 215 to manipulate the merchandise as attributed under the particular zone invewc;ry method. (3) if the documanU specified in paragraph (c)(2) of this section am not presented, the operator of the transferring zone shall submit the following: (i) A statement of the zone value. dutiable value, quantity, description. unique Identifier. and zone status (showing any changes of status after admission and whether the merchandise was manipulated so as to change its tariff classification) of all the merchandise in the shipment covered by the transportation entry: and (ill A certification that the statement in paragraph (e)(3)(i) of this section. is true and that the information contained therein is contained in the Inventory control and recordkeeping system of the transferring zone. (4) The following documentation must accompany merchandise not under a lot ;stem. but manufactured in a zone: M A staterntnt by the transfenrinol Tong- opxr>atr:r of tl'e ton" Vale"+. dutiahlm valise, quantity, descriptinn. unique identifier. and zone status of All the merchandise (and components thereof. wherr applicable) covered by the transportation entry. The statement will also show any change in zone status in the transferring zone and whether the merchandise has been manufactured or manipulated in the zone so as to change its tariff classification: and (ii) A certification by the operator of the transferring zone that the statement in paragraph (c)(4)(i) of this section is true and the information therein is contained in the inventory control and recordkeeping system of the zone. (3) The operator of the transferring zone shall transmit the historical documentation of the merchandise to the receiving zone within 10 working days after it has been delivered to the bonded carrier for transportation. The documentation will be referenced to the I.T. number covering the merchandise. (d) Arrival at destination zone. Upon arrival of the merchandise at the destination zone. it will be admitted under the procedure provided for in. ll 14e3Z except that no invoice or Customs examination will be required. When the historical documentation is received, the operator of this destination zone shalt associate it with the Customs Form 214 for admission of the merchandise and Incorporate that information into the zone inventory control and recordkeeping system. 11"A? Transfer of merichwWt" for esportatiom (a) Direct exportation. Any merchandise in a zone may be exported directly Cher:from (without transfer into Customs territory) upon compliance with the proceduree of paragraph (b) of this section. (b) immediate exportation. Each transfer of merchandise to the Customs territory for exportation at the port when the zone is located. will be made under an entry for immediate exportation on Customs Form 7312. The person snaking entry shall furnish an export bond on Customs Forst 3M containing the bond conditinna provided for in 1 113.02 of this chapter. (c) Tmnsportation and exportation. Each transfer of merchandise to the Customs territory for transportation to and exportation from a different port. will be made under an entry for transportation and exportation on Customs Form 751L The bonded carrier will be responsible for exportation of the merchandise in accordance with I 1Q_Z5 of this chapter. (d) Teirtiles, and uteri a :ti Textiles and t»role p+r tcss w44ich bore ber.n chxnq+rd as Provided f<irin II 14e.63id) may be export d PM returned to Customs torritory for warehousing provided this entry for warehouse is endorsed by tine district director to showy that the amthiandisa may not be withdrawn for tmssattplion (e) Merchandise produced or manufactured in a zone and nAtnw4 to Customs territory afterasrpartteeoa. Merchandise produced air mansifactnsred In a zone and exported without having been transferred to Customs territory other than for exportation or for transportation and exportation will be subject, on Its return to Cwtoms territory, to the duties and taxes applicable to like articles of wholly foreign origin, unless it is conclusively established that it was produced or manufactured exclusively with the an of domerstie merchandise. The identity of the domestic merchandise mast have been maintained in accordance with the provisions of this part, in which case that merchandise will be subject to the provisions of Schedule L PartLTwX Schedules of the United States (19 U.S.C. 1=0 S 1K." Tranirtw tow transportation a exponsUart; estimated produc ltat. - (a) Weekly permit The district ' • director may allow the person staling entry for merchandise provided for in 114&63(c) to file an application for a weekly permit to enter and release merchandise during a calenduweek for exportation. transportation. Or earisportadon and exportatimMm appliradoa will be on Customs Form 7512 atatiag at the top the wads "Application for Weekly Zoos PazmiV and will be ruled with the district director. The application must be accompanied by a pro forma invoice at schedule like that required in M63(:)(1). If actual lrawftus will exceed the estimate for the week, the person with the eight to make entry shall file o supplemental Customs Form 7512 to cover the additional merchandise to be transferred from the subsume at zone site. No merchandise eovessd by the weekly permit may be transferred from the zone before approval of the application by the district director. (b) Individual entries. After approval of the application for a weekly permit by the district director, the person making entry will be authorized to execute individual Customs Forms 7312 for exportation. transportation. or transportation and exportation of the 90- 431 90- 432 F*dera) Register / Vol. 31. No. 2.9 / Twtsday. Fehrvmry 11. 1 / Poles and R.+estltlmoons SM1 tnerchAreliso cn"rvd by pe9"rniL t1pon trAo.lf*.r of the MPrch_xndi*e, the operator shall obtain a receipt from the 1%camer an Customs Form 7512 to ensure its assumption of liability under fete carrier'p or cariman's bond. Custorns will consider the time of entry to be when the removing carrier signs the receipt for the merchandise. The operator shall give the bonded carrier a copy of the individual Customs Form 7512 and the destination copy (Customs Form 7312-C). es provided for in 1 W(cl of this chapter. The operator also shall ensure that the district director receives a copy of the Customs Form 7512 and the origin copy (Customs Form 7512-C) by the end of the next working day after the cattier has receipled for the merchandise. (c) Statement of merchandise entered The person making entry for merchandise under an approved weekly permit shall rile with the district director. by the close of business on the second warking day of the week following the week designated an the pernuL a statement of the merchandise entered under that permit. The statement roust last each Customs Form 7512 by its uatque LT. number. and will provide a reconciliation of the quantities on the weekly permit with the manifested quantities on the individual 1;z... Customs forms 7312 submitted to . Customsi. as well as an explanation of any discrepancy. 1 tsas1 Suppues, etruitimenC wW rtipstr tataterud tot ve"eis or aft"It. (a) General. Any merchandise which may be withdrawn duty and tax free in Customs territory under section 309 or 317. Tariff Act of 19X as amended (to U.S.0 LM 2317). and under 1 f jam through 10-55 of this chapter. may similarly be transferred from a zones regardless of its zone status. under those statutes Bad regulations. Each transfer from a zone for delivery to a qualified vessel or aircraft. will be trade on Customs Form 7312 (see 110.Ot1 of this chapter). The person making entry shall furnish a bond on Customs Form 3M containing the bond conditiorA provided for in I n3b2 of this chapter. (b) Merchandise for delivery within sons. Upon Acceptance of the entry and bond. the district director shall release the merchandise to the operator for delivery to the qualified vessel or aircraft for lading in the zone. (c) Merchandise for delivery outside zone- Upon acceptance of the entry end bond, the district director shall release the merchandise to the operator for delivery to the bonded cartmen. lightennan. or tamer. for transportation t.hrovgh the Cilllnms torronry to th* quiitl.ified l.dlnq vessel or eircroA. /e6.70 Trsnater of x4ee�.--r+tatrFetaa! ttrarc-"andfle Into custer"s tw ttory (at) General. Zone -restricted merchandise may be transferred to Customs territory only for antry for exportation. for entry for transportation and exportation. for warehousing pending exportation. for destruction (except destruction of distilled spirits. wines and fermented malt liquors), for transfer from one sane to another. or for delivery to a qualified vessel or aircraft or as ground equipment of a qualified aircraft under section 309 or 317. Tariff Act of 193CL at amended (19 U.S.C. 13oo. 1317). unless the Board bas ruled that the return of the merchandise to Customs territory for domestic consumption is in the public interest. With Board approval (See 15 CFR Part 4W). that merchandise may be entered for consumption. for warehousing, for Immediate transportation without appreisement. or under any other provision of the Customs laws, unless the Board has specified the form of entry to be made. (b) For consumption. Lf the return of ' zone -restricted merchandise to Customs territory for consumptiou has been ruled by the Board to be in the public Interest. the entry shall be endorsed by the district director to show the authority under which it was made, and that the merchandise is subject to the provisions of Schedule 4 Part 1. Tariff Schedules of Use United States (to U.S.C. 120 (e) For warithousing. Zone -restricted merchandise may be transferred from a zone to a Customs bonded warehouse for storage pending exportation. The Customs Form 75M shall be endorsed by the district director to show that the marchaadise may not be withdrawn for consumption. in the use of zone - restricted tmetrhandise transported in bond to anotl•.cr port for warehousing and exportation. Customs Farm 7512 shall be endorsed by the district director to show that the merchandise Is foreign tmda zone merchandise in zone - restricted status, which shall be entered for warehouse with proper endorsement on Customs Form 75M. and which may not be withdrawn for consumption. Zone -restricted merchandise transferred from a zone to a Customs bonded warehouse may not be manipulated. except for packing or unpacking incidental to exportation. (d) For other purposes. Upon acceptance of an entry at withdrawal for zone -restricted merchandise for any purpose other than that described in a Board order. the entry shall be endorsed by the person making entry to ahow that artual svpertatittn of !Na mprd6wAlew Is rvToir d by th+ (mirth vm.vi" to rwifort 3 of the Act, nip arnende>i. ewOwontry endorsed to require d livery to it qualified vessel or aircraft onan section 3M or 317. Tariff Act of 193'tl as -amended (19 U.S.C. 13t10.13Vn I ItALJI fasts#** and rammovd of f! WrJUMt 11" from VOCAL (a) Generaf Except as pruvt&d for in 1 14&43. no merchandise will be transferred from a zone widaw a Customs permit on the appropriate entry or withdrawal form or other docinumt as required in this part This district director may authorize transferfrom a zone without physical supervision er examination by a Custoa n allies*. Upon Issuance of a permit. the district dimctor will authorize delivery of the merchandise only to the operator, who then may release the merdu=&ss to the importer or carrier. (b) Liability for discrepancy. WIN= a transfer is not physically agsrsvised by a Cuetoma officer. the operator will be relieved of teaponsibility only Erse the merchandise in a zone in the moditiion and quantity as shown on the curt. •- . withdrswaL or other appropriate form. Ibis operator will be rvbevedotf ' 7 responsibility only if it m aeivdw signed receipt on the document of dse Importer or the carrier named In that documeaL The responsibility of the operator tray be adjusted by nay discrepancy report made jointly by the operator and the bonded carawn. lfghterman. or carrier. or the hapartirr, and sigaad by the above or an authorized representative widA%13 days* alter traaafer of the merchandise Ervin the sane. Any adjustment avast be acted on the permit copy of the entry. withdrawaL or other appropriate &M or document A ropy of any joint report of discrepancy must be submitted to the district dlnector within 10 working days of alpsing by the parties. (e) Tim# limit Except in the case of articles for suss in a zone. merchandise for which a Customs permit for trawfu to Customs territory has beea issued trust be physically removed lies## the zone within 5 working days of issuance of that parmiL The district dirsctoc•apoa request of the operator. may exiand that period for good cause. Merchandise awaiting removal within the required time limit will no► be further manipulated or manufactured in the •sona. but will be segregated or otherwise identified by the operstor as merchandise that has been constructively transferred to Customs territory. 90- 431. 90 - 432 Sw f'ederM fi.evistor Vol. 31. Nn, 213 f TisesdAv, Fr_5nrxry 11. 1t.3 Rules and A.ERv)itliorsre (dl Retention of rr_trtrr or merrhondirt ID "ne for eonsumplirn. (11 The district director ilhall estocal • any entry for consumption where: (il !The merchandise is not removed from the tons within the period specified in parsgraph (c) of this section. or (ii) the merchandise was removed fmm the zone but did not enter the commerce of the U.S. in Customs territory and was subsequently readmitted to a zone in domestic status. if the district directo. has Leeson to believe any new entry would be cancelled under the provisions of this subparagraph. he may reject the entry or demand a written stipulation, as a condition of entry acceptance. that the merchandise will not be returned to a zone in domestic status. Merchandise covered by an entry which has been cancelled under this subparagraph shall be restored to its last foreign status. (2) A component of merchandise which has been entered. but not physically removed from a zone. shall ba restored to its last zone status, provided the district director determines that the component was included in the entry through clerical error. mistake, of fact. or other inadvertence not amounting to an error in the construction of the law. Such an error. including that in appraisement of any entry or liquidation due to the above circumstances. may be corrected vursuant to section S29c)(1). Tariff Act of 1930. as amended (19 US.C. •S(cl(i)). In accordance with the procedures described in par! 173 of this chapter. If the district director decides there has been no error, mistake. or inadvertence. or that the tntormation was not timely provided. the component will be considered as an avenge and subject to the provisions of I MS3(dj. (3) When merchandise which has been entered for consumption is subsequently returned to a zone for a reason other than that specified in subparagraph (d)(1), it shall be admitted in domestic status. Subpart G—PanalUM Suspension; RevoeaUort he roviewed by the Dirscim. "try P•rncrdurts and Penaltit•s Divis.ion. Headquarters. to determine whether further action against the granlae or operator. such as suspension or s recommendation for revocation of the grant. is warranted. tn j) 14UI Peanw& (a) Amount. Upon violation of the Act. or any regulation issued Lander the Act by the grantee. or any offictr. agent. optntor or employee thereoL the person responsible for or permitting the violation shall be subject to a fine of not more than S1.000. Each day during whi a viohllon continues w►ii constitute e sepsrwie offense. Liquidated damages. where applicable. will be imposed in addition to the fine (19 U.S.C. tit). s Ib) Review. All fines assessed by the itrict director under this section will 1144.52 Sapwn%'om (a) Forcouse. The district director may suspend for cause the activated status of a zone or zone site, r:, the privilege to admit. manufacture. manipulate, exhibit. destroy. transfer or remove merchandise at a zone or zone site for a' period not to exceed go days. Upon order of the Hoard the suspension may be continued. If appr..priate. the suspension may be limited to an individual user or users and not to the zone or sons site as a whole. or may be limited to a particular activity of an opamtor or user, such as suspension of the privilege to admit merchandise or the privilege to manufacture. An action to suspend will be taken in accordance with the procedure in paragraph (b) of this section if: (1) Too approval of the application to activate the zone was obtained through fraud or the misstatement of a material ' fact; (2) The operator neglects or refuses to obey any proper order of a Customs officer or any Customs order. rule. or regulation relating to the operation or administration of a zone (3) The operator. or any officer of a corporation which has beta granted the right to operate a zones is convicted of or has committed an act that would constitute a felony. or would constitute a misdemeanor involving theft. (4) The operator fails to fumish a ciurmt list of names, addresses. or other lnforn ation as requimd by 114&7: (S) The operator does not provide a secure facility or properly safeguard merchandise within a zone: (5) Tice operator fails to pay, within 30 days after the due date. ail annual fees associated with the operation of a s:ona: (7) The operator. or any officer. agent. at employee of the operator. discloses to an unauthorized person proprietary Inforffiation contained on a Customs form or in the inventory control and mrordkeeping system: or (a) The Inventory control and recordkeeping system is impalmd to the point when the identity of merchandise In zone status has been lost and cannot be reestablished without a suspension o zone operations. (b) Prtscedurr.—{11 Notice. The district director may. at any time. serve notice. in writing, upon an operator to show cause why its nght to continue Operation of a zone should not be_ ch f sunpad nd.or "hy an Indiv i **ATM activities. of awn indlviduot esv r shone. not ha suspended. as praxid*d for in paragraph (a) of this section-nt valkii will advise the operstor of" Founds for the proposed action and will afford the operator an opportunity to respond.ipt in writing. within 13 days aflancsof the notice. Thereafter. the district director shall consider the aBepttitaes and any response made by So operator and issue a decisioru unless stale operator requests a hearing in the mane. (2) Nearing. U the operaterregessts a hearing. it will be held beforea bearing officer designated by the Commissioner Of Customs or his designee within 30 days following the operator's request. The operator may be represmied by counsel at the hearing. and any evidawA and testimony of witnesses in the proceeding. including substantiation of the allegations and the response 11tereto. wit! be presented. The tight of cross- examination will be available to both parties. A stenographic record of the pproceeding will be made and a copy will be delivered to the operator. At the conclusion of the hearing. the hearing' ' officer shall transmit promptly all papers and the stenographicrecord of the hearing to the regional commissioner os. of the region in which the zoIs located. together with e recommendation for final sauna (3) Decision of regional comminioter.- Within 10 calendar days afterdslivery to the operator of a copy of the stenographic record of the hearing. tins - . may ay submit to the wgional commissioner In writing any additional views or arguments. The ratiimal commissioner shall then render a written decision stating his teasoas therefor. That decision will be served on the operator and will be conaidered the final Customs administrative action is . . the use. (4) Gmtries. 11 the granters of the zone is not the operator. a copy of the notice to show cause will be served upon the grantee. The grantee. as a party -in - Interest. may join the operator is any proceedings tender this section. 114643 Rovoawm ea mere geaM. (a) Recommendation of district idimctor. The district director may at any time recommend to the Board that the privilege of establishing. operetiug. and maintaining a zone or subzone under Customs jurisdiction be revoked for willful and repeated violations of the Act (19 U.S.C. girl. U the district director believes that a substantial question of law exists as to whether wtilful and repeated violations of the Act have occurred. that officer may request 90- 431 ,r Vo— 432 Federal Register I Vol. 31. No. 28 1 T'uesday. February 11. 1 / Rules and Rlegu)alinr+s S+tl61 in advice under the provisitma of Part 177 of this chapter from the Director. Carriers. Drawback and Bonds Division. Headquarters. A. ecommendatton to the Board that e zone or suborns grant be revoked does not preclude. and may be in addition to. any liquidated damages. penalty. at suspension for cause. (b) Decision of the Board The procedure for revocation of a grant. the decision of the Board, and appeal is covered by the provisions of the Act and Tide 15. Chapter M Part 4M Code of Federal Regulations. Conforming Amendmaots-Parts lg.2d, IIL 113. 141. 1" I78, and 191 To conform the Customs Regulations to the changes made by the revision of Part 148. Customs Regulations (19 CFh Part 146). Paris 111. 24.1i2.113.141.144. 17t1. and 191. Customs Regulations (IS CFR Parts IL 24. Ili 111141. 144,17& and 1911 are amended in the following manner. PART tit -TRANSPORTATION iN BOND AND MERCHANDISE IN TRANSIT 1. The authority citation for Part 18 continues to read as follow&: Authotioy; S US.C. 30L 39 USG tell 13132 Can. Hdnota IL Tanft Sclte W" of the Inited States).1531-133L I L1, 1 182 (Arne wwl L Section 16.2 is amended in the following manner is -By revising the heading to paragraph (9111) to read `Msrchan&se other thin from warehouse of foreign trade zone delivered to bonded carrier." b. By removing the words -paragraph. (a)(2)' in the first sentence of paragraph (a91) and inserting in their place, the words "paragraphs (&1(2) and (a)(31 of this section.- c. By adding a new paragraph (agtil to read as follows: 119.2 Receipt try carrW aurit sL (a)•.. (4) Aferchandise delivered from foreign trade zone. When n omhandlaa Is delivered from a foreign trade zone to a bonded carrier for transportation in bond, supervistua of tiding will be accomplished in accordance with the proudure sea forth in 1 146.71(a) of this chapter. PART 241--CUSTOYtiS FINANCIAL_ AND %CCOUNTING PROCEDURE I. The authuttty citation for Part 24 continues to rc.td as (,):laws: Audxmty: S U.S.C. Sot. to Lt.s.a» as 1.zaz lGen. Hdncts it. Ton(( Schadul.s of the United S1410s1. ttt24. 31 U.S.0 rol. 124.13 ( Amended l 2_ Section 24.13 is amended by inserting in the first sentence of paragraphs )c) and in. the words "® foreign trade tons operator;' before the words "and bonded warehouse Proprietor.- In paragraph (c) and before the words "bonded warehouse proprietor' in paragraph (1). PART 112--CARRIERS, CARTMEN, AND UGHTERMEN 1. The authority citation for Part 112 Is revised to read as follows: Authoriry: 19 U.S.G Gel 1331. 1-34L 16U. 1524. 2. AA other statutory authority cited at the and of various sections in Part 112 is removed. 3. The last sentence of 1 112.12(b)(3) is revised to mad as follows: 112.12 Appilcation for sutrtort tJoru • • (b) Special requirememer. (3) Private carriers. ' ' ' 9 the private carrier is the proprietor of one or tmors Customs bonded warehouses or bonded container stations. or the operstaraf a foreign trade zone, to which imported membandise will be transporud. ke shall accompany the bond and copies of the bond by a statement showiAg the location of each warehouse. coatiiau station. or zone. PART 113-CUSTOUS BONDS 1. The authority citation for Part 113 continues to read as Wows: AuthodtY:19 U.S.C. s11.1t1Z3.16Za1. i Section 11333 is amended by revising paragraphs (&)(1) and (a)(2). and by adding paragraph (d). to read as follows l) 113.13 ForWgn trade Zone operator bans corn argots. (a) Receipt Handling. and Disposition of Aterchandise. The principal agrees to comply with: (1) The Idw and Customs Roqulatlons relating to the receipt. admission. status. handling. transfer. and removal of merchandise from the foreign trade zone or subzone. and (2) The Customs Regulations eoncernmi; the maintenance of Inventory control and recotdkteping eystetns covering merchandise in ohs foreign trade Sono or subzone. If1he principal defaults and the defav,11 Invoives merchandise other than domestic merchandise for which oe permit for admission is required. the obligors (principal and surety) ap" to pay liquidated damages equal to the value of the merchandise involved in the defealt. at titres times the value of %be marchandise involved in the default if the merchandise Is restricted merchandise or alcoholic beverages, or such other amount as may be tuttaocized by law or regulation. It is understood and spied that whether the default Involves rnetchandise is a detercinatloo trade by Customs. that the amount to bet collected tinder this condition shall be based upon the quantity and value of the merchandise as determined by Customs. and that value as used in these provisions means value as determined under 19 U.S.C. 14Ma. if the principal defaults and the default does not involve merchandise. the obligors agree to pay liquidated damages of SLOW for each default, or such othet amooat ors sney be authorized by law or regulations. (d) Payawnt of A=ual Fes. 7bs principal agrees to pay timely any annual fee or fees as provided In the - Customs, Regulations. if the principal defaults. the obligors agree to pay liquidated damages equal to the amtismt of the annual fee due but not paid and an amount equal to one percent of the annual fee for each of the first seven days the annual fee Ss In arrearm two percent of the annual fee for each of this succeeding seven days the annual fee is in arrears. and three peramt of the annual fee for each day thereafter in which the annual fee is its astsars. PART 141-ENTRY OF MERCHANDISE 1. The authority citation for Part 141 continues to read as follows: Autloritt: 19 USC 6L 1448. 14 K 11124. i Sectien 141.121(d) Is revised to read as fellnwa: f 141.111 Cardoes release odes. • (d) Qualified release order. In the case of merchandise which is entered for warehousing. for transportation in bond. for exportation. or is to be admitted to a foreign trade tone. the release order may be qualified as follows: (1) "For transfer to the bonded warehouse designated in the warehouse entry." If the merchandise is entered for warehousing: (21 "For transfer to the bonded canrier designated in t.1e transporution entry: 90- 431 90- 432 E NEW ISCFR PART 400 REGULATIONS (DRAFT) rl 90- 431 90-- 432 Federal Rogistor / Vo1. 5,15. No. 19 / PdAny, January M .4.PW / prnftnserl Rta)e® DEPARTMEW OF COMMERCE foe-Trole ra i9oanrt FR Part 400 #at ►tcs. 2IM-9m) FonigwTrstls Zebras In gets UNted state* Carnmervo, Pennsylvania Avenu+s and i4th Strrot NW_ Boots MS. . , Waithlntiton. DC M730. (M) 379671W*7- t out nill ►tIER tatRor MAIDo+s CnKTA Stephen 1. Powell. Assistant General Counsel for Import Administration. Room 30M U.S. Department of Commerce, Perunaylvanla Avenue and 14th Street NW., Washington. DC 20230. (202) 377-M& Aoamcr. ForeignA rade Tones Board, tut aeturrMv ritt-ortral►Ttotc International Trade Administration. Commerce. Atjnw Proposed rule. summur. Ile Foreign -Trade Zones Board (the Board) invites public commeut on proposed amendments to its regulations. Items amendments hided@ further ravistoos to those proposed during UM (48 FR 710& February 14 2M 48 FR iti OZ April i8, 19B3) based upon the comments received in response to the notice then given and a review of reports on foreign - trade Bones issued since than by the General Acaoaating Office and international Trade Commission to the Houma Committee an Ways and Means (GAO/CGD4*-= March 2. IVK GAOINSIAD-86415. Febrvsry 7.198R USM Fvblication 1498. February loft rMM Publication Me. Febnury IM1. r lso, included is a change based upon ! -x. =I of the Ttsds and Tantff Act of k (Pub. L W-M 98tb Cong. October The changes ace compreb"ve and the propotued action eonstiutea a complete mirlsion. replacing the present version of 15 CFR part 40Q A new numbering; system Is used based upon the currant guidelines on style of the Office of the Federal iiegistez. The eevisicn involves some new auks, but most of the changes reflect practice which has evolved through tnterpretations and decisions by the Board mad the Customs Service under their respective regulations. The more slgnM=i changes Include the Hating of definitive criteria and procedures for Manufacturlty activity and subzanes. Also, the format for applications for zones and subroon has bees revised to collect information required for analysis in fewer exhlbits. and the procedure for Mini and processing such applications has been simplified. DATE Comments on the •proposed rule must be recelved on or before March it iGi90. Aoomwm Comments (original and o )place) are to be addressed to John j. Do ate. j< Executive Secretary. Fomip- -ads Zonas Board. tntsmational Trade iministration. U - Department of Background Foreign -Trade Zones (zones) are restricted-secese sites In or near ports of entry, which are licensed by the Board and operated under the supervision of the Customs Service (Sea, 19 CFR part 146). Activated zone areas are considered outside of U.S. Customs territ©ry for purposes of Customs entry procedures. Authority for establishing these facilities is granted to quaUfled corporations. Applications submitted to the Board for grants of authority must abow the need for zone services and a workable plan that includes suitable utilities and financing. Zones an operated under public utility principles. Grantees usually contract with private firms to operate facilities mad provide services to scone wen. Zones have as their public policy objective the creation and maintenance of employment through the encouragement of operations In the United States which. for Customs reasons, might otherwise have been carried on abroad_ The objective Is furthered parJcularly wben zones assist exportars and reexporters, and usually when goods arrive from abroad in an tmflnished condition for processing he» rather than overseas. Foreign and domestic merchandise may be moved Into zones for operatic= not otherwise prohibited by law Involving storage, exhibition. assembly. manufacture or other processing. The uaual formal Customs entry procedure and payment of duties is not required on the foreign merchandise unless and u ntdl it enters Customs territory for domestic consumption. in which case the importer ordinarily has a choice of paying duties either on the original foreign matarial or the fWahed product. Quota restrictions do not normally apply to foreign goods stored in zonec but the Board can limit or deny sons use in specific cases on public interest grounds. Domestic oods moved Into a song for export maybe considered exported upon sntertr»g the zone for purposes of excise lax rebates and drawback. "Subzonea" are a special-purpose type of anctIl sons authodxed by the Board. throuu i grantees of public zones. -for opwWona by Individual firms that cannot tea M0CPMMq-.doted within on rXIAR"ji tone, when It ran b" dernnnstrxt.ad that the activity, ssMrellp manufacturing. to In the , public interest_ Goods which om in a zone for a bona fide Custom@ repsnn Sara► exempt from State and lo"I ad valorem taxes. Since 1970 the number of ports of entry with same projects has increased from to tn IS& and the value of goods entering zones and subzones has increased from just over $100 million to over SW billion. about 85 percent of which involves manufacturing activity. About 75 percent of the goods currently entering atones is of domestic origin and come $7 billion of the goods shipped 'Imam zones is exported. The heightened Interest in torus, both on the part of communities providing zone services as part of their economic development efforts. and firms sure atone procedures to help improve their international competitiveness, Is related to the increasing importance of international trade and investment to the domestic economy. While then has bean Uttle public controversy concerning the establishment of general-purpose zones. some proposals Involving manufacturing have been opposed by doomeelk industry. - Firms interested In uaLM zones for ratanurfecturirt; have expressed a destre for greater access and flexibility In zMW procedures to help them compete against Imports of finished goods and Increase their exports. Those opposite .sane manufacturing operations have argued that zone procedures shotsld be more mstaictive for non -export Operations. In recant years. the Board and the Customs Service have tended to interpret their requirements to cooperate with Communities in their acenclta development efforts. At the came time. the Board has been responsive to the concerns of domestic industry by adopting manufacturing review procedures and imposing restrictions when at alive economic cousegesacas are fount Proposed changes are described In the following summary. . i. Section aaL This section on the "scopi" of the regulations contains a summary statement on zone benefits to wens. L Section 4=1 Definitions cuurrsntly in 11 400.ioo.4w.uo have been • . coasolidated under this single &*Wo& and then an some raw terms. The defialtisn of -tone" Is revised to (acorporsto the coacept that "approved" cone span remains a part of Castanss territory until it is "activated" with 90- 431 90- 432 It 4 f'a re.l Igoostar / Vol. 55, No. 111 % Friday, January 26. 19M J Pruprased Rules g"Ts1 Colonme approval. "Manaaf +rring is dpflnv,d for the first time. 3. Sow tic n 4M t I' Thin Aectton contains a statement of the Board's authority, the roles of the Chairman and Alternates, and the procedure far decision making (delexrninotions). T'be new procedure does away with the Committee of Alternates, rats sizing that the Alternates act for their principals under Departmental delegations of authority. This section replaces current If 400•2310; 400.1300; 400.1302-400.1304; and 400.130& 4. Section 401112 This section on the Executive Secretary's role is expanded to include references to new delegations of authority regarding: "zone -restricted" merrhandies (1400.44), retail trade (1-4M45(b)(2))• subaone sponsorship (140D22(d)(2)), and user -fee complaints (1400.42(b)(% 5. Section 40a2l. This section describes port of entry "entitlement" to zones based upon the Act and the requirements for additional projects to those approved under the "entitlement" provision replacing current 1 400-MD-- 400.3W. It also contains new interpretative rules as to port of entry "adjacency" requirements (1400.21(b)). L Section 400-= This section contains state erubllag legislation requirements for corporations applying for grants of authority, replacing current It 40oso0-400.M Its subsection regarding the sponsorship of subzones (I 400.29d)) Is new. h rotatoa the• . profereaos for sponsorship by the closest zone. but alfers i nix option for Possible sponsorship by state agendas based upon public interest considerations. 7. Section d6>= Tbis section outlines the crtlaris for appro" zorm and subzooes. replacing 11400.400 through 40o.4W. While the subsosstion regarding sulzzons criteria b new it reflects Oracda In effect la recxat pain ll fib))• • L SoWon 400 U Thta ssdion revises the format for applications lot establishing zonsa.'Me number of exhibits is reduced from 13 to S. through consolidation. Whille some exhibits are described in more detail. the section is based mainly upon accent practice. as the existing provisions have required guldanea to make them relats to specific projects. The type of infomi stion required is clarified. It replaces current 11 400.000400.604. and 4fl0W& 9. Section 4A7?SThis is a new section rreeggarding the application format for subzones, containing an outline of the special information requimd.'no Executive Secretary would cupplarnant the ondins with guidelines detail' the information required for Board analyst$. 10. $Action 4M.26. This romw Fer_rinn dsrrihet< the fnrrnnt for applications and requester for e.xpanitnns And other croneidsrstinn of the exthwr it or, gen-•.ral ilmnntnic ipctnrx of (b)(7). The threshold pmViston Would bar modific.ntione to zone pmjecta. The activity Chet is not consistent with format is simpler for minor changes that public policy and U.S. trade progrsrt,a• do not si,,oifEcantly modify the project and oleo calls for a determination that approved by the Board. the tone activity in question does not 11. Section 400.27. This section result in a net increase of Imports of delineates procedures for reviewing and Items whose duty rates would be processing applications covered in reduced under zone procedures as a if 400.24-400.26 for the establishment rr. . it of such a reduction (inverted to^(i and major modifications of zone projects. Certain procedures are modified. The examiners committee currently appointed to investigate applications is being replaced by a single examiner with Customs and Arnty Engineer officials acting as advisors. submitting technical reports as appropriate. The section replaces current 11 400.1307-400.1311. 12. Section 4002& This new section lists standard conditions relating to grants of authority. and is intended to replace language that is contained in grants of authority. In ftur•thtrance of the Board's policy that zone pro'lects should be activated within a reasonable time. a "sunset" provision would be adopted requiring they be activated within rive years. Authority to erect buildings is covere& replacing current 1400.815. 'This condition recognWil that constsvction in zones is subject to the requirements of other federal, statt and local agencless and; that the Board's concern is not with construction per sea but rather -with the type of activity carried on to now fattiliti'es. The condition prohlbitfng sale of the grant is more defialtivea replacing current '� 400.7tTi. 15. Section 40.= This section consolidates the procedure for revocation of grants of authority by the Board for cause currently in %I o0 wi_ 40m= The procedure for revoking subxona grants Is new. The provision an fines currently in 140o.1so0 has been eliminated because it simply repeats the statutory provision (19 MOM Me). 24. Section 400.31. Tbis is a new provision that delineates the factors considered by the Board in its • pubUc Interest" evaluation of manufacturing in zones as part of its review of applications or of ongoing activity. It organizes the factors into two categories according to their evidentiary importance In the decision process. First listed are threshold factors which could moult in the full or partial denial of an application. or the restriction or termination of ongoing activity. The "threshold provision" ((b)(1)) establishes a preliminary qualifying test for manufacturing - revfews, which would precede situations). If the determinations as to the three threshold factors are positive. the - review would proceed to determine the net economic effect ((c)(1)). While no specific levels or measurement$ are given. the listing of factors. combined with the proposed revisions regarding .application format (11 400-24. 40025).. places a greater evidentiary burden on applicants for information and evidence .to support their proposals. Subsection (c)(4) addresses situations that involve the shift of manufacturing =- operations to the United States from abroad. frequently with high initial levels of foreign sourcing. Too provision places a greater evidentlary burden ore applicants for such transplant manufacturing operatitxas. it will assl$i — the Board in evaluating economic effect and in monitoring expecited shifts to domestic sourcdug. _ Subsection (c)(5) coded the Board's practice of giving evidsattaiY weight to the effects of amad Roam wrings whose public taterest slguincanos is to . - " eontsibutiag to overall cost reduction efforts. Subsection (08) places a greater avidendsiy bu dm on subuft 'ipplIcants by requiring diem to cwrY the burden of proof as to the public laterest with substantial ovidaacs. Subsection (d) adopts a sew rule calling for periodic reviews of ongoing activity tinder the stated public interest criteria. A negative Bndiag would give the Board grounds to rostrtct manufacturing authority and revoke eubzone grants. 15. Section 40M Tbis new Section describes the procedures for reviewing requests for manufacturing authority. including situations arising after zones or subzones have been approved in which the Commerce Department's Assistant Secretary for Import Administration may make determinations. 1S. Section 40aX.'Ihis new section refers to the Board's authority to adopt restrictions to manufacturing pursuant to the Aet's "public interest" provisions, and delegates some authority to the Commerce Department's Assistant Secretary for Import Administration. A 90- 431 90- 432 XM rw6nal Ra00w? .1 Vol, K Nn. 18 I FridAy. jt ntcery W '1991t3 1 Pro"t-A Rtdeo apeciFic r+ertric�f�rx (� st?rt.�{b)( pe�r.riA.fse that th* a rope of antiAurnpinj ar+!I emmnlarvaiii-r+tt duty *rd !pm may ant No 'l, -d by pmdur,_t transfers tion in Section 4 K.Z This Fectioan ,as current 11 iMUMJD-400.1013, corooli"ling provisions on intsrual tone regalatisons, and acbedules for fees applicable to toile and subson.e raters Pursuant to the Act's public utility provisions. Ps .c,-mpb (b)(5) deals with complaints relating to the reasonableness of tone rates, which art ordrtowily filed without Board review in the absence of complaints. The Board's procedures are premised ass the basis that published uniform rates provide a referents tot comparisons by atone users. Complaints to the Board are made when appropriate. The factors considered in reviewing the reasonableness of rates an described. " including than ippilcable to subzr sec 111 Sieciiran 4=91. This provision outlines the review procedure for "public laiamt' Inues that do not involve maaufachiring. M section 4M" This new section states the aileria and procedure for mviewieg mquesta for permission to ratan `aona resbicted" merchandise into Customs territory. Tin 4th proms rr 4 3 of the Act (19 USCG Sic) provides ask for the recovery of eacrise a and drawback duties ten goods . in zones for eve abW expoxt k--toma regulations (19 CYR part 2461' provided a "gone matsicLed" status for such goods. which may be returned to Customs territory upon payment of any ducks or taxer remvemd. If the Board find, mach a return to be in the public Interest. 21 Section 4t10.41 Thia provision replacescurrent 140aW&contin%ying the A-a's probibitica of retail asks except as appeared by the Board. but authoriziag the District Director to approve certain limited asks and delegating certain authority to the Execrative Secretary. ZL Section 4Q14. This provision provides for appeals to the Board from deaai4m of the Commerce Deparizaeat's Aaaistant Secretary for tmport Administration made under delegated authority. 22. Section 4W41. This taectior consolidates the procedures applicable to hearings, replacing such &actions as fi 4 4Ca0 LX*-4M1311; 400.1315-400,.1320. = Section 40a= This new section contains provisions on the location and r-inteaauscs of the aMrial record kept Owd proceedings, op A. Sec ion 4Ut u This section oLdatu and replaces the tumult f+rnai•inaas" pt+hlic W,-A t+mpeietarg A vurrsher of s^stlnns care ru.etosn cap•rraticrgaal MQ1t+rx have boen olimieated (I I arid. -�JAWW WM- 44iM4) b•ecauau they are covered in the regulations of Customs Service 10 tit part IM Autkority This mrision is proposed under the authority of section 8 of the Foreign - Trade Lones Act of June 1& 1934 148 Star 1000; 1g US-C. 91h). its The period for the submission of comments will close March M It290. All comments received during this period wilLbe considered by the Bom t,n developing the Boat rgpA&tiozm Submaissions (original and six copies) shall be in writing and &hall not contain information of a proprietary nature, as they will be made available for public inspection and copying, with the exception of chase submitted by other Federal agencies. The public record concerning these regulations will be maintained in the international Trade Aduaiabtration Freedom of tnfarmation Records Inspection Facility. Room 410E U.S. Department of Commerce. Pennsylvanla Avenue and 14th Street NW, WashUgion„ DC 23M Written public eomtnmts on file al. the facility may be inspected and copied In aac=lance with 15 CFR part 4. - Information about the Inspection and copying of moor& U the bullity may be obtained from Patricia L Sears. International Trade Administration Freedom of Information Oil er, at the above address orby calliag (=) 3T!- 3031. R&Eidawgy fkxg&q Art ibe General Counsel of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that an initial regulatory flexibility analysis is not required and has not beta prepared because these regulations will not have a significant economic impact on a substantial number of small entities pursuant to sections 003 and SO4 of We S. United States Code, added by the Regulatory Flexibility Any (5 U.S.C. W1 of seq. There are some 150 tone grantees sad 50 firms operating all or pare of zone iaellitias for grantees. Of some 20100 firms using tortes, about b00 use them ors a full lima basis. It is estimated that Iowan than 100 &mall entities are lncladad among the total firms using zoom. The overall impact ad the proposed rules &haulJ. in any car`. ih+ f>s.,�thle they aaiil r*rtiaMr + th• present �gui,storlr t++crdn on tIr*w+! rattles by rlffirif&0 and sirnplifyinA pme*dt►rr.m. IFxec"fiyo Orxier 1ZZtt•1 This proposed ndemakim! is not a major cute as daefuned in ser-tkm 1(b) of E.O. 122vL because 11 involves changes to existing regulations that am likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies. or geographic regions: or (3) siptificant adverse effects on competition. employment. investment. productivity. Innovation or an the ability of U.S.-based enterprises to compete with foreign -based enterprises in domestic or export markets. Execsitive Ordw 1=12 This proposed rule does not contain policies with Federalism implications saffident-to wonvnt preparation of a Federalism assessment under Executive Order IWI7. Paperwork iltedmctioa Act This rule contains information collection activities subject to the Paperwutk Raductioa Act of 19M (44 U.S.C. 3501 et seq.j. It will impose Do addltioaal reporting or record keeping burden on the public. Existing mquiremeats for xana applicants. grantees. oparatom sad usem am simplified and there Is an overall reduction of the burden on these pattie& which are the ones mainly affacted (OMB Control Noe. 0623-ti139 and OL15 - 010®). , List of Subjects to 15 CFR Puri 400 Administretive practice and . procedure, Coa6drmilal business information. Customs duties and Inspection. Fomig:a-trade tones, Harbors. imparts. Repartiatg and mcordkeeping requirements. For the reasons set out In the preamble, it Is proposed to revise 15 CFR part 400 as follows: PART 40i1--REGULATIONS OF THE FOREIGN -TRADE ZONES 190ARD &W*ort A —.Scope and Donnitiom 6W_ 4o0.1 Scope. 400L1- Definitions. &Aoan b-foreiparTrado Zan" board 4M11 Aatborhy at the Board 404.11 AadborUy of lies Rxecaative Sousiary. 4oa.11 Board trsadgearlars. 90- 431 94-- 432 1Fon#warml Regl+rtar J Vol. b5, No. lA J Friday. January ?A, ate / Proposed fatalist M11 11 F atrS G iEateranast++�ner � Ams— "^APft_eA"-O ant 10 pre" am.n Nit+-+,btr ran4 tT+r.ttnt, ei sn, " xnA ar+t±ron•s. 4t)rt.at Vigible opplieantae. 4—M V Criteria for hunts of a,Athority for urnes and subsones. 400.24 Application for tone, 4WIS Application fat subzoaa. 400.28 Application for expansion or other modification to sane pra/ea t 400.Z7 Procedure for r adoring and processing application. 400-M Conditions, prohibitions and restrictions applicable to garsnts of aethority. 400.29 Revocation of grants of authority. Subpart d--Ctlterta for Reviewmg ManufaCtaurtnp l00�1 Manufacturing opersuans; criteria. 4OLU Procedure for subriuetoo assd n4rvkw of request for approval of manufacturing,. 400.33 Restriction an manufacturing activity. Subpart E-Zoe» Opensuane grad Admintatrattve R 400,41 Zorn operations: garwal. 4M42 Requirements for cousmeoeement of operations in sane projeaL 400.43 Restriction and prohiblUm of osrtain was operations. 400.44 Zone-raesuizted mortband"c 400.43 Retail trade. 400.45 , ACaxunts, rscocds and reports. 400.47 Appeals to the Board from decisions of tba Assistant Sebdary for impost Administrinion aM the Executive &Geary. F-#ft thee, Record and `+ 4mm ' tiaaeings. 4MM Moist man* public access. amw WormsdadL Aalthesttpr. Forelga-Trade Zama Ad of itum 15. IOU (hb. L 397.73 d Congress; N Seat. Itia-1003:19 U S.C. 81a-W4 as amended by Pub. L AM Inst CoapwL approved lone 17. 1150 lea Seat. 24ek Pub. L M. 95th Coopaeaa. appeovW August 21 IOU (7Y !ltat t►ta); Pub. Lae047a. Mih coos., biota. 2n, appre"d October 20, %ON (94 that. 21111111( aad, flub. t. 1W-3W " C40jr=& approved Aagast ti Subpart A —Scope ,and DefWiloets •;4oa1 Boom (a) This part sob forth the regulatiow and rules of practice and pnmedurs of the Foreign -Trade Zones Board with regard to foreip-trade zones in the United States pursuant to the Foreign - Trade Zones Act of IOU. as amended (19 U.S.C. Big-•u). (b) Pan 148 of the regulations of the United States Customs Service (19 CFR part 146) governs zone operations, Including the admission of merchandise Into a zone. its sloralt. manipulation. manufacture, or exhibition in a zone. and its expnostinn or transfer (err n sa xnne, (r.) To th.a Rxt Pnt "ascRlnate,i" sunder C,astom"I procedures in 19 CFR purl 146, zone projects are considered outside tho Customs territory of the halted States. Under zone procedures, foreign and domestic merchandise may be admitted Into zones foe operations such as storage, exhibitiom assembly, manufactwe and processing, without being subject to formal Cut'onts entry procedures and payment of duties.. unless and until the foreign merchandise Batters Customs territory for domestic consumption. At that time. the importer ordinarily has a choice of paying duties either at the rate applicable to the foreign material In its condition as admitted Into a zone, or It used In tanufacture or processed. to the finished product. Quota restrictions do not normally apply to foreign goods to zones, but the Board can limit or deny - zone use in specific cases on public Interest grounds. Mambandise moved Into zones for export (zone -restricted status) may be considered exported for purposes such as federal excise tax rebates and drawback upon admission to the zone. Foreign merachandise (tangible personal property) and !merchandise in zone -restricted status, in activated zone space for boon fide customs season$, are exempt from state and local ad volorem truces () 4OU tleflamons. (a) Act means the F'oreiga-Trade Zones Act of WL as amended '(b) Board means the Foreign -Trade Zones Board, which consists of the Secastttly of the Department of Commerce (chairman) the Secretary of the Treastuy, and tba fi�esretar. of the Army. or their designated alter ates. (c) Castains Service means the Unites! States Customs Service of the Departmaut of the Treasury. (d) District Dirte+ctar Is the director of Customs for the Customs district in which a zone or proposed zone,da located (e) Distrhd EnSinser is the engineer of the Department of the Amoy in whose district a zoos or proposed zone is located. . (q Executive Secretory is the Executive Secretary of the Foreign- Trade Zones Board. (g) Foreign -erode zone is a restricted - access site. in or adjacent to a Customs port of entry, operated pursuant to public utility principles under the sponsorship of a corporation granted authority by the Board and under supervision of the Customs Service. Only those portions of a zone that are "activated" under Customs procedures cart rxmaidorad to bo axatsi, tl�* [waist'"forritory of the united Stsatoo, 0) Grant of Authnritp Is a drwnmii cat laa,i.cl by the Board wh" asu$nrixrea a zone grantee to establish. operate and maintain a zone project, consistent with limitations and conditions sped in this part and to 19 CFR part 146. The authority to establish a zone includes the authority to operate and the responsibility to maintain It. (i) Manufacturing as used In this means any acNelty Involving tweigrr merchandise admitted into a zone wWrh results in a change in its Customs classification or In its eligibility for entry for consumption. 0) ,Port of entry means a port of entry in the United States, as defined by part 10i of the Mguls done of the Customs Service (19 CFR part 101)w or a leer fee airport authorized under 19 UAC. 88b and listed in part 172 of the regulations of the Customs Service (29 CFR part 122} (lc) Private corporodan means any corporation. other !ban a public ' corporation, which is otganized for the purpose of establishi a zone project and which Is chartered for this purpose under a law of the state in which the zone is located. ' '.0) Public corporation tttuans a ;cite, a political subdivision (LwJudltng a municipality) or public agency theteoft or a corporate munkipal iasttumen"11V of one or Mors states (m) Rargaoaa! C4MMisslanS is the _ . Re0onal Commisaioaer of :abase for ' the Custonau r*qo in, enrich *a sari is located. (n) Stafe' includes any stab'd the United States, the District of Columbia. and Puerto Rion. (0) suhtaw means a specialvArpose zone established as an adjured to a zone project too a limited (p) Zane maatns a soar established under the provislaos of the Act and these ttegulatlons. Where used in this part. tha team also includes . . subzonea. unleas the context Isdicatas otherwise. (q) Zone tsar Is the oosporete recipient of a great of authority tot a stone pre}ecL Vp6ere tsaed m this part tht term "grantee" means -sons grantee" unless otherwise fandlcated (r) Zone operator is a arorpoMdom pannerahlP, or person that operates a Bone or sudzone under the terms of an agreement with the sane Srantes or an intermediary entity, with the concurrence of the District Director. (a) Zone project arenas the zone plan. including all of the zone and subzone sites that the Board authonizea a single grantee to establish. 90- 431 90- 432 F+t40"A 1 tot 1 Vol, I{-S, No. 1g I rMAT, j*n -w 11 '/ )ttealf' o IMAtkM of a rAr or polvInrw f er) WWr 10 a P lorry MfM m y av"MO aA "Oh lire WMA grento" ,ad 0-*Q"AW�-Tr:acfe Ztas 90sxd da!t+tead�e�tt� to pgrcKara�dt .A►ri*at re►go4,�t�ea is t4ase fora of a So.+w:rrl 1 conch AmOwity of the Soant, (a) in generef in accordance with the Act and procedures of this part. the Board has authority to (t) Prescribe PAW and regalatiocns concerning grants of authority for sates and subzones. and approve Modifications to the original Bona (3)AApprove aeaartfaduriag activity la moans sad suboonaLas deearilmd in subpart D of lilts part; (1) Maine detswA oatbas ea matters - rmquiriag-Ioard deciaioas wader this Part ( Decide appeals at decisions of the Ruean6ra Sacra:tacx. : lay inspect the promises. aperatioas and accoants of zoos gtranteas and . (7) Regrrlre zone graatoos to Report oa zone operations and finances: - (a) Report uaa1� to 8ns %as on zone -I Relict or prohlMt two. 1) frvpoao Breen for Molatioaus of the{ sae the ngutatimm.. (31) Revoke grants of authority for . cause; (M'Dxtaradta, as apptoprlats; whethar specific roue operations are or would be detritnental to the public inttratt. (b) authority of the Cholrm w ojthe Boars. The Chaairmart of the Board (Secretary of the DeMune t of . Commerce) bas dui authority to: (1) Apt the Exacadw Secretary of tttt, (2) Call meetings of tbo Board. with reasonable etotice given to a&& member: and (3) Submit to the Congress the Board's annual report as prepared by the Executive Secretary. (c) Alkmarte s. Bacb member of'" Board will designate an alternate with authority to act in an official capacity for that msendw. (d) Determination* of the Board (1) The determinations of the Board will be based an the majority vote of the members (at alternate members) of the Board. provided that a gvorunu. P-+posed of lire Secretaries of t>sa tr m uts of Con nwce and Tmasury twir albroatas). to voting. 1 All voter will be recorded. p lsweb t'orf o!''n" is eallttsd to at - loost cane Von* tM ill tf a r,"i A xtsy iv lfKXled to e+ , ed tA+�p than a", Pteto, eR� of the xr�o** which the part of "try is lnrofod !.a 'she F.Xacutive SeavtM7 has reutimdty entitled to ea propene: tees. � (lit)) I1 f a port s oaof f entry in deSared to (a) Rormsernt the Board in lrnclude coore thAA one dty seperoted by administrative. regulatory, operrationals a nsvigabla wale msy. each of the edtWo and rA c &Hein matters; he entitled to a gorse projecL (b) Saws as dirodnr of the Coanmerese 1217,om pir°jects U addition to those D'paetmsat'e Fotefgn-Trado Zow" st.a approved under the entitlement (c to sand implement orders of provision of paragraph (aX1) of this � section may be authorized by the Board (d) Anraorge mettits and chudation if it detexmtaes that existing prnKbs) of acdoet doemumts for the Board: will Dot adequately serve the public (e) Maiab" a a ndy d the seal. interest (coavenkmce of eomrneroe} records. &ka and am, poodeaces of era (b) Location of zones and subzon o -- Board, with disp of on sub jar! to the port of wwy ad*xegwy mquirvatenta regulations of tics Depatment of (1)'Me Act ptovides that the Board may C11 IN P r approve ")roses In or adjacent to p mU M Andwrise lira eetN of of antra' ( its U.S.C. aft t we ed merchandise. valued at lass (2) The "ad)scency- mquiremeat Is than >rOUM 408 0 Ear eeatry into "Wed if; - Gyxeloa�a latdtae� erecter f g00 K: (1) A roes or sabttoee Is koaated at&k (g) As6on o mbwr madificatlow 1p SS statute raiLes km decanter &WIN of near as aprp a pat of aatry: or. (hl i;�q" or rm U&A activity torrid - (ii) A zone or subrooe can be reached to be dettiamnw io the public inteMA Within =0 boar's ddviq time hoot isle under .&400A3; nearest Customs office. (1) Authorise certain duty-"W Rested .trade as plvrr in; 4DOAk (j) Datomans aabsow sponsorship Eaeatio�aa as provided in 1400." a • (ic) Accept caw sc hodulas and dstenaine their reasonableness as provided to i wpvft ... 0) Detaermine the &moat lot the annual roparts of sons grattan to tha. Board: (tor) Pnpan aw anneal mpoct forties - Board's sabmisstan to lane Canpose based is x= list ,reports od zone Rau sc (+a) ArNMOMW h Odum sactiooa of " Depara ml of C.oamaerce. Board spades and other goveramaatal agencies for sttadiss and axamosta on cone Is -I as nerd proposals and to) Designate an acting Executive b soo.ii Board Headquarters. The headpuartare of the Board is located within the U-& Departaosat of Commerce (Herbert G Hoover BulldWs)s Pennsylvania Avenue and lass Street. NW, Wasbdngtoa. DC 2UM as part of the oB'aes of lho Fo raigrn••Trade Zonal staff. &*"A C-Estabash ent and NoQlfkatJon of Zone Projects { roast taseme► anal tocattoer of ages end autlsoaser (a) tYrmber of gene proi'schl-� of entry eetidlearent. (1) Provided that the other requirettnenls of this subpart arm met I scar= 11306% appftems... (a)1h genesrat Subject to the other provisions of this needon. public at private Carporatioaa guy awppiy lot a prantttty of autboto as a some project. . ibs Board will give pmfweaw . to public tmrporadons_ . (b) Public aced ao —pwfit corpotrrt� The *WbWty of public and nca-Praia . corporations to apply for a �raat of authority shall be supported by enabling hgislatian of the kghstaturm of the auto in wWch the scams is to be touted. tadlcattug that the corporation. individually or as part of a class, is outhodud to so apply. (c) Pieaofixl slit oCrporr;tioara.1U edbit►b of prtvste taavroe► carpontions to apply for a gran: el authority shalt be supported by a spacial ad of the state wetaturvr naming the applicant corporation and by evideaoa lndtcating that the corporation is chartered tot the purpose of establishing a zone. (d) Applicorrts for subzonss-41) Migibilitr. The foltowiag corporatlom era allgible to apply for a Sra+unt of authority to ostablisb a subsose: (1) The zone grantee of the dosast zone project to the same state; (iil The sane Vmntee of another sosw in the same state. which is a public corporation. if Ow Board or the Executives Secretary. !tads that sorb apvase ship better serves ties a public inteml: or. 9 0 _ 431 90- 432 FwAwwl Wpowtor / vat. ss. No. 1A / f'riday, jsnuary m its / Pr pled (tales (tit) A Plata eR spse+t alp gtrthodx*4 to aabnllt OW41 pa P"mcoti-M by an act r4 the state L-OAalst,,m (z) C*ftT4*0rs"• It an apptic stitM is subadtted amdsr paragraph (d)(1l(b) at (d)(1)(W) of this am toe.. the R "Kmtfvo Secretary will: (1) Notify in writing. lice grantee specified in paragraph (d)(1}(i) of this section, who stay. within 30 days. abject to such sponsorship, in t rri*J& with supporting Information as tr4 why the public interest would be batw served by Its acting as sponeor. ail) Review rich objections prior to filing the application to determine whether the proposed sponsorship is in the public interest, taking into account (A) The complaining sconce's structure and operation: (B) Mw views of state and local public agendes; and. (C) The views of the proposed subsoas operator. (W) Notify the applied wA complainants In writing d the EK*Wtive Secretary's detesminatic& (iv) The application will be.filed If the ExecuUve Secretary determines that the proposed sponsorship is to the public interest. s+rxt gsartb oQ adhost fit idr and subzons& WDZoam US the )vwios factors Beard will de4sralntng wIne Whaer � to issue a lhss grant of autha ft fora saw (11 The need for roes wnaca in do Port of ea&Y area. tiakhss itsto ac nalt endrtlaii as anon as pn*ocbd . - taux ationd tzads related ord 114es stud employment tranpact (2) Its adegouy of the opeQatiooai and Awncial pions and ties absbMily of the propmed sitar and ISWI fen. With IwAlRcatlas for duplicative alter (_) nr seism of guts sad &OW iovarnment support, as iodleated by daa oempatibft of the soots proW wits the community's master plan at stated t;wls for economic devabpmad and the views of stab and local public atiiciak involved in economic ievelopcnan. Such oMdA s shall avoid oommitownto that anticipate outcome of Board dedslonx- (4) Ile views of parscas and firms likely to be affected by proposed zone activity: and (5) If the proposal involves manufacturtrsj, the criteria its 14MM(b). (b) Subeones. In rewie+wing proposals for subans" tiro t3oead will also consider. (1) Whether the ape.rUna could be located in or otherwise accornawdated by the Maltii•p,WrOOM frd MPO 0 t xn" pro"_ "inns the air": (2) Tb* smelt C rasa borw6ts s*"a_K and wheth" other more appropri to means or rtmediies arty avaflabte_ ox4 (3) W'holhar the proposed activity is In The public Interest, taking into account The criteria to 1400.31(b). (a) In general. An application for a gnent of authority to establish a none project shall consist of a transmittal letter. an executive summary and five "bits. (b) Letter of &onrmjMol The transmittal letter shall be currently dated and signed by an authorised officer of the corporation and bear the. corporate as 1. (c) Executive summaryTtse executive summary shall desmibe- (1) The corporations legal authority to apply; (1) The type of authority requested from the Boarct (3) The proposed scone site and facilities and the larger project of which the zone is a part 14) Tea project background. Including surveys and studies; . . (5) The relationship of the projed to the community'e and stals's overall econamdc dovelopment plans and objectives; (6) The Plans for opomting sad SAancin8 We project: and. (7) Any addltiond pa dwat informstioc mauled for a. - —1a1110 summary description of the proposal • (d) Exhibit& - - Im thei)Uhlbit Appllcatbo)shall consist atAuthorft (� A aartified copy of the state enabltry ko"tiaa dwaibed in !i 4Wn (U) A copy d, Pertinent sections of tb* appUcwfo chartair or wswtization Papas: and. (W) A swstltied of the rssolnuou of the body► of the oorpocadon- authorising the ofiidal sipial the appllrauoa. (� pachlbit Two (Sits Description) ahal} corssbt oL• (1) A detailed desaiptlorn of the sow site. Including size. location. address. and a legal descipWm of the area proposed far approval; a table with site designations shall be Included wban morn than one sits is involved: (U) A summary es"lon of the larger protest of which t8e zone is a part. hxluding type. siza, location, and addrms: (W) A stausnect as to whether the stone is wilhW or adjacent to a custom port of entry; (le) A dr iptir" Of • 6we"1 Ise Rnd rery e". iruludinp dimimsinne aaet tyres of 4100tln4 tend pried etmx-"rers: (v) A deocriptlon of ax.1stirug of proposed sits qualifir stiom inctnrdtng: land -use zoning. rrla1kmo ip to flood - plain. infrastruchtm utllllWs. security. and access to transport coo Pervkyaa (vi) A description of current activities carried on in or contiguous to the project (vi) if pert of a port facility. e summary of port and transportation services and facilities: it net. a description of transportation systems indicating cortnectlons from local and regional points of arrival to the zom and. (vW) A statement as to Ilia Possibilities and plans for ems expensiom (3) &hibIt Thre* (00tisdan Lod Fy4aadn49) shall coudst of: (1).A statament as to sita owrship: if not one owned by the applicant or proposed operator. evident; as to their (rid r(gbt to use the site: (il) A discussion of the operstlo"! plan; if the zone or a portion thereof 1sAo be operated by other than the grantee. a suonmary of the selection process aced or to bs used,"typ* ofopeadan agreement and. yf avatiable. tau easmr! and qualifications of the proposed operator; : - (IW A btiaf explanation of the Plow foie providing fadatles. phystcat secsri�r. and for sawdywit the ttegnhauats for Customs autooaated $late= (iv) A saaoraary of tba AZana IN finansing cspltel and operating stoats. - : including a stalsmeat ere to the eotsrar and rise oEhundx . (v) The eatkastad tuna adWok floc . construcam aad activatioa sad. . (vi) A wmmmy of aaxidpated cash flow pro jectioas cc an aaoaal bash for the feat the" Vasa of operatlon- (4) Exhibit Four (Eoonodc jusWkAtfon) af+ali iaciudsc (1) A statasneal of the ooininno t overall eaona AC teals Lod staalsgles in relation to d"s of the rsgaon and state; (11) A mien o w to the pha or OMM 00 which " goals am based and ►oar "Y relate to the am* projac>; (III) An economic WOOD of the commuWty includlog ideazlbcadon and discussion of dominant senses Its terms of percentage of ampiolrment or imams. area resources and problems. soaoosak Irnbelances. anamploYmeatrates. area foreign treat staunda. and area Pon facilities and transportation networks: (iv) A statement as to 60 rub and objective of the zoos project and a 90- 431 90- 432 27PA Fpderol Register I Vol, bb. No. 1A Fiiday, January M !two / pmp sted Rules lifoificri.inn for each of the pmrop'md 1 sits+; R (M) A dismominn of the stn14cips,4ied i economic impact- direct and Indirect, of '"pe "one project. including rcferencee to ublic costs and benefits, employment, e the U.S. balimce of trade, and environmental impact; s (vi) A statement as to the need for zone services in the community. with information an surveys of business, and specific exrressione of Interest from proposed tone users, with letters of intent from those firms that an considered prime prospects; and, (vii) A description of proposed manufacturing and prac:eseing operations. if applicable, with information covering the factors described in 1400.31(b , including the nature and scope of tie operation and production process, meterisbi and components used, Items to be foreign sourced with relevant tariff information. crone benefits anticipated and how they will affect the firm'• plane, and the economic impact of the opsmdon on the community and on affected'domastic Industries. (S) ExIdbil Flve'(Mst sf iladt conslst t . of: M state ana eamtnty snaps atoMcfng the patrol location of the zone In terpm. of •the ared's transportation network;.. (01 A U.S, Geodetic.Su�sy map or thi equivalent "wingln red the location of the proposed tone; and.. . • ' . (tUl A detailed blueprint of the zone or wbaaaa area andmviri� Bone bousdariea� In red. with dimensions and atetea sad bounds, or other legal description, and showing existirig and proposed • .structures. . (e) Additional information. The Board or the Executive Semistri may require additional information needed to adequately evalmiate a proposal. (t) Amandment of application, 7be Bond or the Executive Secretary may allow amendment of the application. " (g) Drafts. Appllcaits may submit 4 draft application to the Executive Secretary for review. (h) Format and number of copies. Unless the Executive Secretary alters the'requiramants of this paragraph. submit an original and 12 copies of the application on 8" X11"paper. Exhibit Five of the original application shall contain full-sized maps• and copies shall conisin letter -sized reductions. (1) Where to file. Address and mail the application to the Secsetary of Commerce. Attention: Executive Secrowy, Foralgn-Trade Zones Board. U.B. Qeparbmat of Commerce- . eemiylvania Avenue and 14th Street, NW., W ashington. DC 20734 %ppr"Y" by th++ (. mtp rat Mnn*rT" 7K11 WYM tidttml and" Tarn# neernMr MI -OM") AMIS Appr4raenoon tar T"ft*- (a) In Renerol. An spplic fin to otablish a subzone as part of a proposed or existing zone shall be ubmilled in accordance with the tarmnat in 1400.24. except that the focus of the Information provided in Exhibit Four shall be on the specific activity involved and Its net economic effect. The information submitted to Exh.bt4Four shall include: (1) A summary as to the ressons for the sub -one and an explanation of Its anticipated economic effects; - (2) identity of the subzone user and its corporate affiliation; (3) Description of the proposed activity. Including: (1) Products; (ill Materials and Components; (111) Sourcing plans (domeeticjforeignk (iv) Tariff rates and other import requirements or restrictions; (v) information to assist the Boamd'In making a determination under 1400.31(b)(1)(ift. (vi)Benefits to subzone user, (via) Which other procedmei'or.meaimb 'have been considered to obtain 'benefits nought; _ .. (vi11)' Information as to tndtiitrji . Involved and extent of Internadomal competition; and. (ix) Economic impect of the ope:ratlan an the area. . (4) Reason operation cannot be conducted within a general-purpose (5) Statement as to enviroum mtal Impact; and . (a) Additional information requested by the Board or the Executive Secretory If needed to conduct the review. Executive Secretary may issue guidelines to assist applicants in providing foregoing information. (b) Burden of proof. An appltoant For a subzone must demonstrate 4o the Board that the proposed operation "rashes the criteria in 14OOM(b). me F_rrCMtiva feraclary will c "staor the :extent to which the pr•npeeed mcct fic�tlora wo"Id: (1) Substantially modify the plan originally approved by the Board: and, (ill Expand the physical dimensions of the approved zone area as related to the scope of operations envisioned In the original plan. (b) Minor modircotion to sons project An application for a major modification to an a• iroved zone project sball be submitted in accordance with the format to 14002A. except that. (1) Refemace may be made to current information in an application from the same applicant on file with the Board; and. (2) The content of Exhibit Four aball relate specifically to the proposed elS e. (c) Minor modification to sane pwioct Other applications or requests under this subpeM including those for minor . revisions of zone boundaries. grant of authority t ranafers, or time extensiceA. dull be submitted in letter form with lnxw=don and documentation accessary -for analysis, as determined by: the Executive Secretary, who shall - detemAne whether the proposed a3saoRa Is a minor one subject to this paragraph , (c) ntba than paragraph (b) of" ' •: mcdoa., (Approwd by the OMce of l4aaage:eat and Budget =der cootml number 0e26.Oi39) '(Approved by the Oirica of Wasgesse A rod Budget under control aumbar OW3 oil) 140026 Rppacettort for espasi WA 0 or otter awx ttleation to :Dees 9eolsCL (a) In Bengrol. (1) A grantee may apply to the Board for authority to expand or otherwise modify its tone project (2) The Executive Secretary, in consultation with the District Director, wiU determine whether the proposed modification involves a major slangs in the zone plan and is thus subject to paragraph (b) of this section, or is minor. and subject to P&mFaPb (C) of this .eetion. in makin4 We determ.1nad n 1140M "Govan for esviearttto coat . - Wft (a) Sufficiency. of opplioa am -The Rxecutive Secretary will determfaa whether an application submitted under f ji 4W.24-4W 20 satisfies the requimmeuts-of those secUons. (1) it the application is deBd=L ties •• Executive Semtary win Reform the .appUCADL (2) If the application is suBfdsaL 11as Executive Secretary will: (i) File the application. thus initlatIM. a proeeedir>,g or review: • . (a) Assign a case docket number to cases requiring a Board order, and, (Ifs) Notify the applicant (b) Procedure —in generiEUpon initiating a proceeding based on an applicaUon under 1140024-400.25(b) the Executive Secretary win: (1) Designate an examiner to esrttdu&t a review and prepare a report with recommendations for the Board; (2) Publish in the Federal Re3tatar a notice of the application which inclmda the mama of the applicant a description of the tone project. and an invitation lot public comment. Including a Um limit for the public to submit factual Information and written arguments; 90- 431 90- 432 ° Fv4m al Rega..t*r / . Vol. sh. No. 101 / Friday, janurery M IW / psrnp*x+s +d B Z R (3) end st rnpy of for t±nt�ce act a��aiic.ltlipx� tA: (i) The Regional Commirsinn," �. (Gustorne)_ or a designee: ssnd. (ii) The District F igineer (Army). (4) Arrange, as appropnaale, a public hearing in the community in which the zone project is located and any other public of closed hearing that the Board deems appropriate. Comments from interested parties may include requests for a public hearing if ot.: bus not been scheduled. (5) Transmit the reports and recommendations of the examiner and of the officials identified in paragraph (b)(3) of this section to the Board for appropriate action: and. (61 Notify the applicant in Kiting and publish notice in the Federal Register of the Board's determintatlat (c) Customs and army engineer review. The Regional Cotzmissioner (Customs), or designee, and the District Engineer (Army) shaU submit their reports to the Executive Secretary within 45 days of the conclusion of the period described in paragraph (b)(2) of this section (d) Prow-rdure —Application for minor anodijimtion of Zone projeeL 41) Ile lExerutive Secretary will make a determination in cases asnder 140=(c) Involving minor changes to trono projects that do not require a Board : f order. ouch as boundary modi%atiom including certain relocations. and wiii -. notify the applicant in waiting of the decision. (2) The oonairsaeaoeof. the f)isaici . DUVCtur Is nttgnired for. apptlDV& a undo: paragraph NO) of We section 1404A p uftitifton s and owe l iarse apffto" to grsseta Of ate. (a) fo gearemL Crants of authority Issued by the Board for the establishment of zones or subzones. Indadiag those already lad, are subject to the Act and this part and the following general conditions or limhalious. n (1) Approvals from the granite and the District Director, pursuant to iti C>`R Part 14e. wv.mquimd prior to the activation of any portion of an approved zone project. (2) Approval of the Board or the Commerce Department's Assistant Secretary for import Administrelion Pursuant to subpart D of this part is required prior to the commencement of rnanufactusing operations not approved as part of the application. and before approved zone manufacturing activity Is changed to Include new forelgn articlas subject to tariffs higher than those on the pirAtict In rmhidb they Incnrpnrt+t?ci_ (31 Prier to activation of a 2anot, jhs t zone grantee or operatcu shall obttam all necessary permits Groan federal. state and local authorities, and except as otherwise spec liatl in the Act or this part. shall comply with tLe requirements of those authorities. (41 A grant of authority shall lapse unless the zone project is activated punuent to 19 U-1 Part 148. and in operation not later than rive year from: (i) A Board order issued after the effective date of this final rule: or. (11) The effective date of We rival rule. (5) A grant of authority approved under this subpart includes authority for the grantee to permit the erection of buildings necessary to carry out the approved zone project subject to concurrence of the District Director. (8) Zone grantee, operators. and users @ball permit federal government officials acting in an official capacity to have access to the zone project and records during normal business boars and under other reasonable circumstances. (7) A grant of authority may not be sold, conveyed, transferred. set over, or assigned. Private ownership of zone land and facilities is permitted provided the zone grantee retains the control necessary to implement the approired zome project Shedd title to land at facilities be transferred after a grant of authority is issued, the zone grantee • . muat retch bar agreas steal with " screw owner. a istvel of control w bicls atkwa the g<s ime to carry out ittr roapavirdbi}ides as grantaw. The sale al a zone site at bdllty fair man than ib Leis market value within sane status Shall be considered a transit in violation of the Act (8) A grant of authority will not be construed to make dw zom pw3h a Sutonsatica Uy liable for violatims. by operators., users. at other pwda& (b) Additional ctorsditiam: /avbibUiam and restrictinrw Other reyuireamiats. conditions or restrictions undo lederaL state or foul law may apply to the grant of authority. f 40029 Revocation of grants of auwrorhy. (a) In genenaL As provided in this section. the Board can revoke in whole or ir part a grant of authority for a general-purpose tons whenever it determines that the zone grantee has violate& repeatedly and willfully, the provisions of the AcL fb) Procedure. When the Board has Beason to believe that the conditions for revocation as described in paragraph (a) of this section, are meL the Board will: II I Notify the gorse W.Vntee in Wfialty staling the "It" Of tl+ie art viotet cma, and provide tl+a arorw prteTArA an opportunity to reqmikt a l vxting an the proposed rexm- atim (2) Conduct a hearing, if requested or otherwise if appmprisle. (3) Make a determination on the record of the proceeding not earlier than 4 months after providing notice to the zone grantee under paragraph (b)(1) of this section: and. 14) If the Board's detertainatloa is affirmative, publish notice of revocation of the -gnat of authority iu the Federal Register. (c) As provided in section IS of the Act (19 U.S.C. 61r(c)). the zone grantee may appeal an order of the Board - revoking the grant of authority. (d) Subrones.'Ile Board can revoke In whole or In part the grant of authotity. for a subzone upon rtnding that any special condition of the grant. or the Board order issued an the grant. has mi been meL The grantee will be Siven 30 days notice and an opportunity to submit evidence and comments prior to a final decision by the Board in threw MOM iris for Raysasririg ManutwWrUm (140aal (a) biReneloL Pu:suaat4a,ascdM- 15(c) at the A sa (is I I S C, ttao(c,))..ilra . . Board has authority ic restrict or prohibit zone activity "tSin le at a judgment is dst:itneatal to tl:a• puiiia intarast' to evaluatiat assm and . _.. sts>:icasa manstuchni g acdwly. . sides. as proposed in an application at as part. of a raviiim of an ertegcrizrg apersttom. the Board ahall dawnsim whethw the acuity in gviesum is hn the put& interest by rarknriog tlta evshratim criteria contained in paragraph (b) of this section. Such a review isvalvsa consideration of wrhetber the activity is consistent with trade policy and programs. and whether its net econotmia effieci is positive. (b) .Lrrolvabon criierio—{1) "rerhold factors. it is the policy of the Board to authorize zone activity caly Wit= tt In consistent with public policy and does not encourage imports. Tbus, before authorizing proposed manufacturing activity or in its review of ongoing ` manufacturing, the Board shall determine that there is no significant evidence that: (I) The activity is not cstnaistasit snit$ U.S. trade and taritl policy. 30- 43f 90- 432 30TA Oosrr / -Vol. � No. 18 / Friday. forttety 26, 1t?srfi / Prx�p d P lee --- - (II) The ruse of tore, prc>•c`:relwra sun,„ ld -likely dimInish Abe efloctitrr_nesa of a t -S. international trotle program and. (11i) If the activity involves items subject to inverted teaiiis, that there is or will be a net increase of imports of Items on which the duty rate would be re-duosd under zone procedures as a result of such a reduction. (2) Economic factors. After Its review of thr•esbold factors` if there is a besis for further consideration. the Board shall consider the following economic factors: (1) Overall employment impact; (d) Exports and reexports; (all) Retention or creation of manufacturing activity: (1v) Extent of ine•saswed talue-sdded activity on imports; (W) overall effect on import bevels of relevant productr. (vi) Extent and nature of fomlgn competition in relevant rodudst (vii) impact on related domestic industry; and. (vW) Other relevant information emkting to net economic Im�ppa�rt. - - (c) Methodology and ovidarwe-41) 71vo-der review. Reviews generally entaB a two -slap P�rootaas.. - - (Q 77tneshald phoa& Mw Brat phase ' (I 40at10011) Involves consideration of i4esbold factors. If an examines Iaakes !a II 4IMa (141(b))i tha ao ne of aan any of the adors f . review. dw:applicant vW be lntormad ' and have at} opportunity to amendits .: application within 30 daya. If the Hoard determines any of the 14ty0.ti(b)(i) ficim to the negative. It sh&U deny cc restrict authority for the proposed or ongoing activity. DO 8aanomic e/%compeCUM to rsrieuwini the economic tartars during ' the second phases the Board cmaidare tbamet economic affad tram both a local/agicaal and narioaal/global prospective. that includes oonslderatioa of the overall affect on related domestic Industries (Bnishad products.. - ot =U6 materials) and IU.S. amp cymemt. . (2)lnverted tariffs. to revleuaiag bdom involving items subject to hnrerted tariffs a major eonsiduation is wrbatha the cholca of kmar tariff rates would likely prolong or incaeaae imports of componsnts (I 400.i1(bj(1)(111)); and. If such a usual affect Is found the Board shall prohibit at restrict the proposed activity accordingly. (3) Thmspimi aranufWturirtg. When proposed activity involves a shift of production tram sbroad to the United Malec the review LW consider sourcing plans for components and matarial& to Include Aari- and Bong- tW%a projectbotss on all components subject to tavarted tardier. (4) Contrihvrnryeffert- In asarwstnst the atgnificencr of zone opt"lim4. lba Ftne.rd shut) consider the contribatory effect tone savings have as on incremental pert of cost effectiveness programs adopted by companies to improve their international competitiveness. (5) Burden of proof Applicants for subz.ones and tot clearance for manufacturing activity not having a precedent in Board decisions that have the burden of proof of establishing with substantial evidence that the operation Is In the public interest under We section. All interested parties are encouraged to submit substantive evidence relating to any of the threshold factors, particularly in regard to 1400.31(b)(1)(di). (d) Monitoring and post approral reviews. (1) Approved manufacturing activity remains subject to review under this section at any time- (2) Reviews may be initiated by the Board or they may be undertaken is response td requests from interested pasties showing good cause. (3) Upon ntview. if ihs Board finds that soar activity is no tongenin the public interest under this section. It way suspend suhsone statue6 or terminate or restrict the adJvity in question. 14OLU Prom&" for ec,balssion and raMsw eel nxp*st for approval elf _ - stirt4.. . (a) fta Loa as part of application for V=t of authority. A request for - approval of a proposed manufaetming operation may be aubmltted as part of an application under I 1M14- 400.28(a). Tbs Board will review the request taking into account the criteria in 140t3.31(b). (b) Rsgmt for marraafoctscrirtg In oppWrsd so" ;:subs" ubs" Prtar to the . of a --in cturiag operation trot approved as part of the application for the zone or submw in whiff the activity is to be located, soma grantees or operators shall request the appmvak described in 140a.3'1(a) by su:bmittirg a request in writing to the Executive Secretary. Raqueats tat sunnier approval shall contsin the tnfosmation m ulred hy I4WJ4(d)(4)(viij. 71) Mw Commerce Depa rtmeat's Assistant Secretary for Import Adminbtraticm may make datermlaatious under 14WJI(a) based upon a review by the FrZ st M when: (1) To proposed activity Is aunties` to activity nK=dy approved by the Board In terms of merchandise and circumatances: or. (li) 7b* activity its for export only; or. (all) 7be Yana beneSts sought are liMted to duty deferral (2) i l rn th! Informal prnrerl".ry In. poraRraph (h)(1) of this, forlirm it rot , ppr . riate. (1) The E.xenAJvt Sscrctery wrill; (A) Assign a case docke! number and give notice In the Fedond Rooster inviting public comment: (A) Arrange a public hearing. if appropriate; (C) Appoin' -i examiner, if appropriate. to conduct a review and prepare a report with mcotnmendatloos for the Board. and. (D) Prepare and transmit a report with recommendations, or transmit the examinee mporL to the hoard for appropriate action; and. (11) The Board will make a determination on the requests, and the Executive Secretary will notify the grantee in writing of the Board`s determination. and will publish notice of the determination In the Fedaral Resister. 140am3 Reserk.vons on Munuftebirtrw a►ctfv9tp. . (a) in geaeML In approving manufacturing activity for rzuns or subzone the Award may adopt restrictions to protect the public interest. stealth, or safety. 7be t:,oat == Department's Assistant Secretary for Import Administration may similarly adopt restrictions in exercising authority made 140=4b)(i). (b) Restrictions as items a►b1se to antldcra•rpiup and caantervogbW duty order--{1) Board policy Iona procedures *hail not be wed is circumvent antidumping (AD) and countervadinj duty (CVD) actions under 14 CFR Parts 333 and 3SS . (2) Admit on of items subject m AD/ CVD octions. Items subject to AtT/CVD orders or suspension of liquidation wader AD/CV[) procedures shall be placed in privileged foreign stares (19 CFR 114&41) upon admiaak m to a taoae or subzone. (3) Entry for caortsamptioa. Any sorb Hems entered for consumption Into the customs territory of the United Statue (either in their original or in as altered condition) shall be subject to dutiaa under AD/CVD orders or to awpaasloa of liquidation it applicable and ar 10 CFR pasts 353 and SU at the tJme of such entry. tliubpart E—Zone OperstSMNS and AdmWetrs Live Requinsc onts 14W A t zone opeasousr pnw*L Zane& shall be operated by at tinder the contactual oversisht of zone grantees. subject to the requirsasents of the Act al>,d this Bart. as wtU as tboaa of 90- 431 90- 432 FoAprol >rTr►ftiat" / Vol. 55, No. 1e / Friday, )anttory Zfi, JPM / Proposed Rules 276lt other federal. slat* end I"A eJt nrtes having junnr,iclion coca the sitR and operation. Zone grantees shall Pnsure that the rwrieort,sble zone recede of the business community are served by their zone projects. The District Director represents the Board with regard to the zone projects in the district and Is responsible for enforcement, including physical security and access requirements, as provided in 19 CFR hart 140. 14OM42 Rwquiren wrrto for eonunencemant of operaltona in sorts, project. (a)In general. The following actions are required before operations in a zone may commence: (11 Approval by the District Director of an application for activation is required as provided in 19 CPR pail 140; and. (2) The Executive Secretary twill• review proposed manufacturing, . . - pursuant to i 400.3Z, and zone schedule as provided in this section. (b) Zone schedule. (1) The zone grantee shall submit to the Executive SecmULry and to the District Director a zone schedule which sets forth.. (1) Internal rules and regulations for the tons; and (ill A statement of the irates and, charges (fees) applicable to zone user& (2) A zone schedule ihall consist or typed loose-leaf, numbered, iatter•aized pages. enclosed In covers,: and tlhalf contain: (1) A title page, with infortnation to include: (A) The name of the zone grantee and operatoa(s); - (B) Schedule IdentiflcatIon; (C) Site description; (D) Date of original wbedula; and. (E) Name of the preparer, (ti) A table of contents; (W) Administrative information; (Iv) A statement of zone operating policy. rules and regulati.ns, Including uniform procedures refarding the construction of buildings and facilities; and. (v) A section listing rates and charges for zones and subzones with information sufficient for the Board or the Bx=.Uva Secretary to determine whether the rates and charges are reasonable based• an other like operations In the port of entry area, and whether there is uniform treatment under like circumstances among zone users. (3) The Executive Secretary will review the schedule to determine whether it contains sufficient inforntailon for users concerning the operation of the facility and a statement of rates and charges as provided In • - paragraph (b)(z.) of this on lon. If the F.xectitive. Secretary determines Chat tit+v schedule Aalisfics thean retltair►rnenla, the Executive Secretary will notify the zone grantee. uniese there is a basis for review under paragraph (b)(5) of this section. A copy of the schedule shall be available for public inspection at the offices of the zone grantee and operator. The zone grantee shell send a copy of the Distri—Director, who may submit comments to the Executive Secretary. (4) Amendments io the schedule shall be prepared and submitted in the manner described in paragraphs (b)(1) through (b)(3) of this section, and listed in the concluding section of the schedule, with dates. ($) A zone user or prospective user having a bona fide interest in using a zone may object to the zone or subzone fee on the basis that it is not reasonable. fair and uniform, by submitting to the Executive Secretary a complaint in writing with supporting information. The Executive Secretary will review the complaint and issue a report and decision, which will be final unless appealed to the Board within SO days. The Board or the Executive Secretary may otherwise initiate a review for causa.'Ile factors considered in reviewing reasonableness and fairnew will include: (1) The going -roles and charges for like operations in the area and the extra ,costs of opersttnS a zone. including return on investment; and. (ti) hi the case of subaones, the value of actual services rendered by the zone grantee or operator, and reasonable out- cf-pocket expenses. o � nzone �kton� proh�ta°!' of .. (a) In pnerub After review. the Board or the Executive Secselary. as appropriate. may restrict or prohibit any adcrtlssion of marchandlse into a sons . project or operation in a zone project when it determines that such activity Is detrimental to the public interest. health or safety. (b) Initiation ojrsview. The Board may conduct a proceeding. or the Executive Secretary a review, to consider a restriction or prohibition under paragraph (a) of this section either self -initiated. or on a complaint made to the Board by an adversely affected party. 400.44 7beo-restrieted mwr0 aredba. (a) in general. Merchandise which has been given export atstus by Customs officials ("zone -restricted merchandise", 19 CFR part 148) may be returned to the Customs Territory of the United States conly wheel tho Bo*rd delcramnes that the retarrn would t?e in the Imblic hilerset_ (h) Criteria. In making the determination described In paragraph (a) of this section. the Boond will consider. (1) The intent of the parties: (2) Why the goods cannot be exported: (3) The public benefit involved in #'towing their return: and. (4) The recommendation of the District Director. (c) Proceduiv. (1) A request for authority to return "zone -restricted" merchandise into Customs territory shall be made to the Executive Secretary to letter form by the none grantee or operator of the zone in which the merchandise is located. with supporting information and docu®entation. (2) 'The Executive Secretary will investigate the request and prepare a report for the Board. (3) The Executive Secitetary may act for the Board undo: this section in cases involving merchandise valued at lose then 100.000 dollars, provided approvals have the concurrence of the District Director. () 400.45 Recal trad& (a) In genemL Recall trade is , prohibited in zones. except that sales or other commercial activity Involving . domestic:. duty -paid and der -Ares - goods tray be rnducied wdlbta an activated sons project t red i'parmitc. Issued by the zone `raalaa and approved by the Board. 7ha District Director will datermina whathar an activity is retail trade. - (b) Pzvicedum (Dine District Director or a reprerentalive is arthorizad to . approve sales involving damn" duty - paid or duty-fres food products sold withla the zoos or sub:one for consumption on promisee by persons working therein. (2) Other requests for Board approval under this section shall be subtaittad in latter form. with supportins documentation, to the FAscutive Secretor , who is authorized to act for the Board in these caws - (c) Criteria. In evaluttting requests for approval under this section the Executive Secretary will nor. (1) Whether any public benefits would result from approval.- and (2) The economic effed such activity would have on the recall trade outside the zone in the port of entry area. () 4t5 " Arno nu, loom do arts repoAa. (a) Zone accounts. Zone accounts shall be maintained In stxordancs with generally accepted standards of 90-- 431 90- 432 IPA R*#**w- / VaL I& No.'JI- / Friday. lommary M WO / Prq"Od IRat,*s ' s..rrxsa"Onit. and Ira a to with the rTqutn�an:c►tats of fs�s++t, Rt.4e or tesae9 #aencifs hsvfnd ja Iitt.Ian ever tho alto or opwssdiom (b) iifnwrrk and famm Zom rvoorda and forme shall be prspsred and maintained In accordance with the requirements of the Customs Servioe and the Board_ (c) Mops and drawings. Zoo* grantees ce operators. and District Directom shall keep currant layout drawings of approved sites as described in 14oD?.1(d)(5), showing activated portione, and a file showing sequined approvals. This zone grantee $ball furnish necessary maps to the District Director. (d) Annua(rWrtt (1) Zane grantees shall submit amua) trports to the Board at the time and In the (or'mt pnevaibed by the Executive Secretary. for use by the E3ce ativs Secretary in the preparation of the Board'$ annual report to tbo Gangrasa M The Board shall submit an artnaat report to the Congrsa. (Approved by the Office of Management and Budget under control of number ow -moo) f QQ A7 Appeals to the board trams doci.tooe oil"Adstod lsarstary for b." Adh*doerat= and tole 9xvictrtive Secretary. . (a) inpei CML Decisions of the Assistant Secretary for import Administration sad the F.xuxalse Secretary made pursuant to 11400•.uM11 MOM 000.4LX21 and �-uld)(3)(� may be appealed to the Board by advanely allecded pestles. (b) FivicedurL Parties appealing a decision under paragraph (a) of this section shall submit a request for wvUr v to the Board m waiting, stating the basis for the request. and attaching a copy of the Executive Seeetary'M decialon. as well as supporting information and documentation. After a review. the Board will notify the complaining patty of Its decision In writing &t r---44W*W,4, ROCOCO tvMto4psation ' II t (a) In general. The B"rd or the Rxecvtitivs Secretary. as oppropriete, may bold a public or closed bearing during any proceedings or reviews conducted under this pail whenever necessary or appropriate. (b) Procedure for public hearing. i,e Board will publish notice In the Federal Resister of the date, time and location of the hearing. All participents shall have the opportunity to make a presentation. Applicants and their witnesses shall ordinarily appear ftnst. The presiding officer may adopt time limits for Individual presentations. (a) Content. The Executive Secretauy will maintain at the locadon stated in 14MM(d) an official record of each proceeding within the Board's )uriodicd=7be Executive Secretary will Include in the official record all factual taformatim written argument. and other material developed by. presented to, or obtained by the Board In connecdon with the proceeding. ?be . ofracial record will contains material that Is public. busmen proprietary. . - - privileged. and clan LU& While there to no requirement that a wsbadm record. be kept of public beart.;gs, the proceedings of such hearings ahall ordinarily be recorded and dsnecdbed when slgnlficgat opposition Is (involved. (b) Opening and closhW of offcfol mcard. The official record opens on the date the Executive Semetaty tiles an applieatiaa or reaalvas a request that satisfies the applicable requiremants of this part and doses an the date of the Board`e or the Executive a final determination In the procat or review, as applicable. If the final : determinadon Is published In the Federal Roglslw. the record will close . on the date of publication. . • (c) rrotoctiao of Mr OfrmAal ref. Unlsea of6a wtee os•dar*d In a p+estirmlar cgea her the lX ttve,4„etaxy." tmdlat weaned •,rI_lll not ter rm"Od from the Repsrummi of t omme A- A certified copy of the record will be msdo available to any court before which any aspect of a proceeding is under review, with appropriate safeguards to prevent disclosure of proprietary or privileged Iufosmado�. 400." kdocrr+atkft (a) Request for information The Board may request submission of any Information. including business proprietary infotmaium and written argument necessary or appropriate to. the proceeding. (b) PubGc information. Except as provided In paragrapb (c) of this section. the Board Will Consider all Information submitted In a proceeding to be public infaamadarn.lf the person sahanittittg the Information does not agm to Its public dlwlosars. the Board will return the Infomtadon and not consider it In tha proceedln& .. (c)Du ine s prcprietaryinfarmadwL Persons subsaltting bnetaass proprietary Information &hall mark the tap of each page "businsae proprietary" If tads Information appears on that page and request Bond protection from public . (d) Diaclasrins of submitted 17fon i ion. Disclosure of information Will be governed by 15 CFR part 4. Public Information In the official record will be available for Inspection and copying at this OMcs of the Exec dve Sera ury. Forelgn•'hedo Zones Board. U.S. Department of Commerce Building. Panneylvaola Avenue and 14th Street NW, Washington. DC ZOM Dow& )aaeary te. Ion Rate t. carsah.d. Assistant Serr.surffarLnoo t Ada iaistratkm Chah== t aarmttsse of A/Unwam Faivisn-T udo Zones Board (PR Doc Yes -tees riled t-=-0R s;CB aml beef COOK U104 I-d