Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices 47585 

core criterion will be given more 

favorable consideration): 

1. Investments in support of longterm, coordinated and collaborative 

regional economic development 

approaches: 

• Establish comprehensive regional 

economic development strategies that 

identify promising opportunities for 

long-term economic growth. 

• Exhibit demonstrable, committed 

multi-jurisdictional support from 

leaders across all sectors: 

i. Public (e.g., mayors, city councils, 

county executives, senior state 

leadership); 

ii. Institutional (e.g., institutions of 

higher learning); 

iii. Non-profit (e.g., chambers of 

commerce, development organizations); 

and 

iv. Private (e.g., leading regional 

businesses, significant regional industry 

associations). 

• Generate quantifiable positive 

economic outcomes. 

2. Investments that support 

innovation and competitiveness: 

• Develop and enhance the 

functioning and competitiveness of 

leading and emerging industry clusters 

in an economic region. 

• Advance technology transfer from 

research institutions to the commercial 

marketplace. 

• Bolster critical infrastructure (e.g., 

transportation, communications, 

specialized training) to prepare 

economic regions to compete in the 

world-wide marketplace. 

3. Investments that encourage 

entrepreneurship: 

• Cultivate a favorable 

entrepreneurial environment consistent 

with regional strategies. 

• Enable economic regions to identify 

innovative opportunities among growthoriented small- and medium-size 

enterprises. 

• Promote community and faithbased entrepreneurship programs aimed 

at improving economic performance in 

an economic region. 

4. Support strategies that link regional 

economies with the global marketplace: 

• Enable businesses and local 

governments to understand that ninetyfive (95) percent of our potential 

customers do not live in the United 

States. 

• Enable businesses, local 

governments and key institutions (e.g., 

institutions of higher education) to 

understand and take advantage of the 

numerous free trade agreements. 

• Enable economic development 

professionals to develop and implement 

strategies that reflect the competitive 

environment of the 21st Century global 

marketplace. 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements: 

The administrative and national policy 

requirements for all Department of 

Commerce awards, contained in the 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements, published 

in the Federal Register on February 11, 

2008 (73 FR 7696), are applicable to this 

competitive solicitation. 

Paperwork Reduction Act: This 

document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Forms ED–900P (Pre-Application 

for Investment Assistance) and ED–

900A (Application for Investment 

Assistance) has been approved by the 

Office of Management and Budget 

(OMB) under the control number 0610–

0094. The use of Form SF–424 

(Application for Financial Assistance) 

has been approved under OMB control 

number 4040–0004. Notwithstanding 

any other provision of law, no person is 

required to respond to, nor shall any 

person be subject to a penalty for failure 

to comply with, a collection of 

information subject to the requirements 

of the PRA unless that collection of 

information displays a currently valid 

OMB control number. 

Executive Order 12866 (Regulatory 

Planning and Review): This notice has 

been determined to be not significant for 

purposes of Executive Order 12866. 

Executive Order 13132 (Federalism): 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Prior notice 

and an opportunity for public comments 

are not required by the Administrative 

Procedure Act or any other law for rules 

concerning grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: August 8, 2008. 

Otto Barry Bird, 

Chief Counsel, Economic Development 

Administration. 

[FR Doc. E8–18794 Filed 8–13–08; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Docket 44–2008] 

Foreign–Trade Zone 77 Memphis, 

Tennessee, Application for Subzone, 

Black & Decker Corporation(Power 

Tools, Lawn and Garden Tools, and 

Home Products Distribution), Jackson, 

Tennessee 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the City of Memphis, grantee 

of FTZ 77, requesting special–purpose 

subzone status for the tools and home 

products warehousing/distribution 

facilities of Black & Decker Corporation, 

in Jackson, Tennessee. The application 

was submitted pursuant to the 

provisions of the Foreign–Trade Zones 

Act, as amended (19 U.S.C. 81a–81u), 

and the regulations of the Board (15 CFR 

part 400). It was formally filed on 

August 5, 2008. 

The Black & Decker site, consisting of 

a manufacturing plant (2 bldgs., 482,000 

sq. ft.) and a distribution center (1 

building, 675,000 sq. ft.) on 177 acres, 

is located at the intersection of Highway 

45 North and Passmore Lane in Jackson, 

Tennessee. The facilities (700 

employees) are used for the quality 

inspection, kitting, repackaging, order 

fulfillment, warehousing and 

distribution of power tools, lawn and 

garden tools, home products and related 

products and accessories; activities 

which Black & Decker is proposing to 

perform under FTZ procedures. Some 

75 percent of the components are 

sourced abroad. About 5 to 10 percent 

of production is currently exported. 

None of the activities which Black & 

Decker is proposing to perform under 

zone procedures would constitute 

manufacturing or processing under the 

FTZ Board’s regulations. 

Zone procedures would exempt Black 

& Decker from Customs duty payments 

on foreign products that are re–

exported. On domestic sales, the 

company would be able to defer 

payment until merchandise is shipped 

from the facility. The company may also 

realize certain logistical benefits related 

to the use of direct delivery and weekly 

customs entry procedures. The 

application indicates that FTZ 

procedures would be used to support 

Black & Decker’s Tennessee–based 

distribution activity in competition with 

facilities abroad. 

In accordance with the Board’s 

regulations, Diane Finver of the FTZ 

staff is designated examiner to 

investigate the application and report to 

the Board. 


sroberts on PROD1PC70 with NOTICES
47586 Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is October 14, 2008. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period (to October 

28, 2008). 

A copy of the application will be 

available for public inspection at each of 

the following locations: U.S Department 

of Commerce Export Assistance Center, 

22 North Front Street, Suite 200, 

Memphis, Tennessee 38103; and, Office 

of the Executive Secretary, Foreign–

Trade Zones Board, Room 2111, U.S. 

Department of Commerce, 1401 

Constitution Avenue, NW, Washington, 

D.C. 20230–0002. 

For further information, contact Diane 

Finver at DianelFinver@ita.doc.gov or 

(202) 482–1367. 

Dated: August 7, 2008. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E8–18849 Filed 8–13–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–602–806] 

Notice of Final Determination of Sales 

at Less Than Fair Value and 

Termination of Critical- Circumstances 

Investigation: Electrolytic Manganese 

Dioxide from Australia 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 14, 2008. 

SUMMARY: The Department of Commerce 

determines that imports of electrolytic 

manganese dioxide from Australia are 

being, or are likely to be, sold in the 

United States at less than fair value, as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the Act). The final 

weighted–average dumping margins are 

listed below in the section entitled 

‘‘Final Determination of Investigation.’’

FOR FURTHER INFORMATION CONTACT: 

Hermes Pinilla or Minoo Hatten, AD/ 

CVD Operations, Office 5, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3477 and (202) 

482–1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On March 26, 2008, the Department of 

Commerce (the Department) published 

its preliminary determination of sales at 

less than fair value in the antidumping 

duty investigation of electrolytic 

manganese dioxide (EMD) from 

Australia. See Notice of Preliminary 

Determination of Sales at Less Than 

Fair Value and Affirmative Preliminary 

Determination of Critical 

Circumstances: Electrolytic Manganese 

Dioxide from Australia, 73 FR 15982 

(March 26, 2008) (Preliminary 

Determination). On April 18, 2008, we 

postponed the deadline for the final 

determination under section 735 

(a)(2)(A) of the Act by 60 days to August 

8, 2008. See Postponement of Final 

Determination of Antidumping Duty 

Investigation: Electrolytic Manganese 

Dioxide from Australia, 73 FR 21108 

(April 18, 2008). 

We invited parties to comment on the 

Preliminary Determination. We received 

a case brief from the respondent, Delta 

EMD Australia Pty. Limited (Delta), on 

May 19, 2008; the petitioner, Tronox 

LLC, filed a rebuttal brief on May 27, 

2008. At the request of Delta, we held 

a hearing on June 17, 2008. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping investigation are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Antidumping 

Duty Investigation of EMD from 

Australia for the Period of Investigation 

July 1, 2006, through June 30, 2007’’

(Decision Memorandum) from Stephen 

J. Claeys, Deputy Assistant Secretary for 

Import Administration, to David M. 

Spooner, Assistant Secretary for Import 

Administration, dated August 8, 2008, 

which is hereby adopted by this notice. 

This Decision Memorandum is attached 

to this notice as an appendix and is on 

file in the Central Records Unit (CRU) 

in room 1117. In addition, a complete 

version of the Decision Memorandum 

can be accessed directly on the Web at 

http://ia.ita.doc.gov/. The paper copy 

and electronic version of the Decision 

Memorandum are identical in content. 

Scope of Investigation 

The merchandise covered by this 

investigation includes all manganese 

dioxide (MnO2) that has been 

manufactured in an electrolysis process, 

whether in powder, chip, or plate form. 

Excluded from the scope are natural 

manganese dioxide (NMD) and chemical 

manganese dioxide (CMD). The 

merchandise subject to this 

investigation is classified in the 

Harmonized Tariff Schedule of the 

United States (HTSUS) at subheading 

2820.10.00.00. While the HTSUS 

subheading is provided for convenience 

and customs purposes, the written 

description of the scope of this 

investigation is dispositive. 

Period of Investigation 

The period of investigation is from 

July 1, 2006, through June 30, 2007. 

Adverse Facts Available 

For the final determination, we 

continue to find that, by failing to 

provide information we requested, Delta 

did not act to the best of its ability in 

responding to our requests for 

information. Thus, the Department 

continues to find that the use of adverse 

facts available is warranted for this 

company under sections 776(a)(2) and 

(b) of the Act. See Preliminary 

Determination, 73 FR at 15983. As a 

result of our analysis of comments 

received, we have changed the adverse 

facts–available rate for the final 

determination. Specifically, we have 

assigned Delta a rate of 83.66 percent 

based on the rate alleged in the petition, 

as recalculated in this final 

determination. See Final Determination 

Analysis Memorandum (August 8, 

2008). Further, pursuant to section 

776(c) of the Act and as discussed in the 

Preliminary Determination, we 

corroborated the key elements of the 

export–price and normal–value 

calculation used in the petition to 

derive an estimated margin from which 

we have derived the adverse facts–

available rate. 

Termination of Critical Circumstances 

Investigation 

On February 19, 2008, the petitioner 

in this investigation, Tronox LLC, 

submitted an allegation of critical 

circumstances with respect to imports of 

electrolytic manganese dioxide from 

Australia. On March 19, 2008, we issued 

the Preliminary Determination, stating 

that we had reason to believe or suspect 

critical circumstances exist with respect 

to imports of EMD from Australia. See 

Preliminary Determination, 73 FR at 

15986–88. On July 17, 2008, the 

petitioner withdrew its critical 

circumstances allegation and requested 

that the Department terminate its 

critical circumstances inquiry. 

Therefore, we are terminating the 

critical circumstances investigation and 

we have not addressed any comments 

regarding critical circumstances for the 

final determination. We will instruct 

U.S. Customs and Border Protection 

(CBP) to terminate the suspension of 

liquidation of all imports of subject 


sroberts on PROD1PC70 with NOTICES