Editorial Note on Part 400
Editorial Note: Nomenclature changes to part 400 appear at 78 FR 69289, Nov. 19, 2013.

§ 400.4 Authority and responsibilities of the Executive Secretary. The Executive Secretary has the following responsibilities and authority: ( a ) Represent the Board in administrative, regulatory, operational, and public affairs matters;
( b ) Serve as director of the Commerce Department's Foreign-Trade Zones staff;
( c ) Execute and implement orders of the Board;
( d ) Arrange meetings and direct circulation of action documents for the Board;
( e ) Arrange with other sections of the Department of Commerce and other governmental agencies for studies and comments on zone issues and proposals;
( f ) Maintain custody of the seal, records, files and correspondence of the Board, with disposition subject to the regulations of the Department of Commerce;
( g ) Issue notices on zone matters for publication in the Federal Register;
( h ) Direct processing of applications and reviews, including designation of examiners and scheduling of hearings, under various sections of this part;
( i ) Make determinations on questions pertaining to grantees' applications for subzones as provided in § 400.12(d);
( j ) Make recommendations in cases involving questions as to whether zone activity should be prohibited or restricted for public interest reasons, including proceedings and reviews under § 400.5;
( k ) Determine questions of scope under § 400.14(d);
( l ) Determine whether additional information is needed for evaluation of applications and other requests for decisions under this part, as provided for in various sections of this part, including §§ 400.21-400.25;
( m ) Issue instructions, guidelines, forms and related documents specifying time, place, manner and formats for applications, notifications, application fees and zone schedules in various sections of this part, including §§ 400.21(b), 400.29, 400.43(f), and 400.44;
( n ) Determine whether proposed modifications are major modifications or minor modifications under § 400.24(a)(2);
( o ) Determine whether applications meet pre-docketing requirements under § 400.31(b);
( p ) Terminate reviews of applications under certain circumstances pursuant to § 400.36(g);
( q ) Authorize minor modifications to zones under § 400.38, commencement of production activity under § 400.37(d) and subzone designation under § 400.36(f);
( r ) Review notifications for production authority under § 400.37;
( s ) Direct monitoring and reviews of zone operations and activity under § 400.49;
( t ) Review zone schedules and determine their sufficiency under § 400.44(c);
( u ) Assess potential issues and make recommendations pertaining to uniform treatment under § 400.43 and review and decide complaint cases under § 400.45;
( v ) Make certain determinations and authorizations pertaining to retail trade under § 400.47;
( w ) Authorize under certain circumstances the entry of “zone-restricted merchandise” into the customs territory under § 400.48;
( x ) Determine the format and deadlines for the annual reports of zone grantees to the Board and direct preparation of an annual report from the Board to Congress under § 400.51(c);
( y ) Make recommendations and certain determinations regarding violations and fines, and undertake certain procedures related to the suspension of activated status, as provided in § 400.62; and
( z ) Designate an acting Executive Secretary.
[77 FR 12139, Feb. 28, 2012, as amended at 89 FR 8527, Feb. 8, 2024]