Notice of Intent To Amend the Las Vegas Resource Management Plan and Prepare an Environmental Assessment; Notice of Segregation and Notice of Realty Action; Classification and Proposed Modified Competitive Sales of Public Land in Pahrump, Nye County, Nevada, 36618-36621 [2018-16226]
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36618
Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices
other authorized official of the
Department of the Interior, who may
sustain, vacate, or modify this realty
action. The lands will not be offered for
conveyance until after the classification
becomes effective.
Before including your address, phone
number, email address, or other
personal identifying information in any
comment, be aware that your entire
comment—including your personally
identifiable information—may be made
publicly available at any time. While
you can ask the BLM in your comment
to withhold your personally identifiable
information from public review, we
cannot guarantee that we will be able to
do so.
(Authority: 43 CFR 2741.5)
Brett A. Blumhardt,
Acting Field Manager, Lewistown Field Office,
Montana/Dakotas Bureau of Land
Management.
[FR Doc. 2018–16229 Filed 7–27–18; 8:45 am]
BILLING CODE 4310–DN–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVSO3000. L54400000. EU0000.
LVCLF1805630.18X; MO# TBA TAS:
18XL5017AR]
Notice of Intent To Amend the Las
Vegas Resource Management Plan and
Prepare an Environmental
Assessment; Notice of Segregation
and Notice of Realty Action;
Classification and Proposed Modified
Competitive Sales of Public Land in
Pahrump, Nye County, Nevada
Bureau of Land Management,
Interior.
ACTION: Notice of Intent and Notice of
Realty Action.
AGENCY:
In compliance with section
203 of the Federal Land Policy and
Management Act (FLPMA), as amended,
and the National Environmental Policy
Act (NEPA) of 1969, as amended, the
Bureau of Land Management’s (BLM)
Pahrump Field Office proposes to
amend the 1998 Las Vegas Resource
Management Plan (RMP) and prepare an
Environmental Assessment (EA) to
identify approximately 621 acres of
public land for sale. The EA will also
evaluate the proposed sale of these acres
through two modified competitive
sealed bid sales of public land for not
less than the appraised fair market value
(FMV). Publication of this notice in the
Federal Register segregates the subject
lands from all appropriation under the
public land laws, including the general
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
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mining laws, and from the mineral
leasing and geothermal leasing laws,
except the sales provisions of FLPMA.
DATES: Interested parties may submit
written comments regarding the RMP
Amendment during the 30-day scoping
period initiated by publication of this
notice in the Federal Register and
ending August 29, 2018. Interested
parties may submit written comments
regarding the Notice of Realty Action for
the proposed land sale during the 45day comment period initiated by
publication of this notice in the Federal
Register, and ending September 13,
2018. All dates related to the bid
process are contained the
SUPPLEMENTARY INFORMATION section.
ADDRESSES: You may submit comments
on issues and planning criteria related
to the plan amendment and realty action
by any of the following methods:
• Email: ssapp@blm.gov.
• Fax: (702) 515–5010, Attn:
Shevawn Sapp.
• Mail: BLM, Attn: Shevawn Sapp,
Pahrump Field Office, 4701 N. Torrey
Pines Dr., Las Vegas, NV, 89130–2301.
Documents, including, but not limited
to, the draft plan amendment and
supporting EA, pertinent to this
proposal will be available at the above
address.
FOR FURTHER INFORMATION CONTACT: For
further information and/or to have your
name added to the mailing list, send
requests to one of the following:
• Shevawn Sapp, Realty Specialist, at
telephone (702) 515–5063;
• Email: ssapp@blm.gov;
• Mailing Address: 4701 North Torrey
Pines Drive, Las Vegas, NV 89130–2301.
Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 800–877–8339, to
contact the above individual during
normal business hours. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: Spring
Mountain Raceway, LLC has requested
that the BLM dispose of public land by
direct sale or modified competitive sale
within the Town of Pahrump for
approximately 621 acres. The public
land directly abuts property owned by
Spring Mountain Raceway, LLC, along
State Route 160 near Gamebird Road in
Nye County. The Nye County Board of
Commissioners supports the proposal.
The BLM Pahrump Field Office intends
to prepare an RMP amendment with an
associated EA for the Las Vegas RMP.
This Notice of Intent (NOI) includes a
proposed two-phase modified
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Sfmt 4703
competitive sealed bid sale, announces
the beginning of the scoping process for
the RMP amendment and a temporary
segregation from appropriation under
the public land laws, including the
mining law, and mineral leasing and
geothermal leasing laws, subject to valid
existing rights. Because the Las Vegas
RMP does not specifically include or
identify the sale parcels for disposal, a
land-use plan amendment is required.
The proposed sales would be
conducted in two phases, with phase
one anticipated in January 2019 and
phase two anticipated in the summer of
2019. The first phase includes the
proposed sale of approximately 553
acres. The second phase includes the
remaining 68 acres, which also require
cadastral survey before they may be
sold. When ready, the Draft RMP
Amendment and EA will be available
for a 30-day public comment period, on
BLM’s website at https://go.usa.gov/
xn7nT and may be announced in local
news outlets as well. Sealed bids for the
phase-one modified competitive sale
may be mailed or delivered to the BLM
Pahrump Field Office, at the address
above, beginning January 10, 2019 and
ending January 17, 2019. Sealed bids
must be received at the BLM Office no
later than 4:30 p.m. Pacific Time on
January 17, 2019. The BLM will open
the sealed bids for the phase one sale on
January 18, 2019 at the BLM Pahrump
Field Office at 10 a.m. Pacific Time.
Sealed bids for the phase-two modified
competitive sale may be mailed or
delivered to the BLM Pahrump Field
Office, at the address below, beginning
August 16, 2019. Sealed bids must be
received no later than 4:30 p.m. Pacific
Time, August 23, 2019, in accordance
with the sale procedures. The BLM will
open the sealed bids for the phase-two
sale on August 30, 2019 at the BLM
Pahrump Field Office at 10 a.m. Pacific
Time.
The segregation will terminate: (i)
Upon publication in the Federal
Register of a termination of the
segregation; or (ii) At the end of two
years from the date of this publication
in the Federal Register, whichever
occurs first.
The purpose of the public scoping
process is to determine relevant issues
that will influence the scope of the
environmental analysis, including
alternatives, and to guide the planning
process. The preliminary issue for the
plan amendment and proposed disposal
area identified by BLM personnel;
Federal, state, and local agencies; and
interested stakeholders is desert tortoise
habitat. The public land proposed for
sale directly abuts property owned by
Spring Mountain Raceway, LLC, along
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Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices
State Route 160 near Gamebird Road in
Nye County. The land is described as:
daltland on DSKBBV9HB2PROD with NOTICES
Mount Diablo Meridian, Nevada
T. 20 S., R. 54 E.,
Sec. 27, SW1⁄4, that part lying outside of
the utility corridor;
Sec. 28, E1⁄2NE1⁄4NE1⁄4SW1⁄4,
NE1⁄4SE1⁄4NE1⁄4SW1⁄4,
S1⁄2SE1⁄4NE1⁄4SW1⁄4, NE1⁄4SE1⁄4SW1⁄4,
E1⁄2SW1⁄4SE1⁄4SW1⁄4, SE1⁄4SE1⁄4SW1⁄4, and
SE1⁄4;
Sec. 34, lots 2, 3, and 4, those parts lying
South of the utility corridor, lots 5 thru 8,
NE1/4NW1/4, that part lying South the
utility corridor, SE1⁄4NW1⁄4, and E1⁄2SW1⁄4.
The area combined contains
approximately 621 acres +/¥ according
to the official plats of surveys of said
land, on file with the BLM, and areas
determined using GIS maps.
The BLM determined that a modified
competitive method of sale would be
the appropriate method for disposal of
these parcels. These sales meet the
criteria found in 43 CFR 2710.0–3(a)(2)
because these disposals serve important
public objectives, including but not
limited to, expansion of communities
and economic development, which
cannot be achieved prudently or
feasibly on other lands. The authorized
officer has identified Spring Mountain
Raceway, LLC, as the designated bidder
for these parcels. The use of the
modified-competitive sale method is
consistent with 43 CFR 2711.3–2(a)
because the authorized officer has
determined it is necessary in order to
assure equitable distribution of land
among purchasers or to recognize
equitable considerations or public
policies.
Only written comments will be
considered properly filed. Submit
comments to the address in the
ADDRESSES section. Before including
your address, phone number, email
address, or other personally identifiable
information in your comment, you
should be aware that your entire
comment—including your personally
identifiable information—may be made
publicly available at any time. While
you can ask the BLM in your comment
to withhold your personally identifiable
information from public review, we
cannot guarantee that we will be able to
do so.
Information concerning the sales,
appraisals, reservations, sale procedures
and conditions, Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, maps delineating the
proposed sale parcels, mineral potential
report, the EA, and other environmental
documents will be available for review
at the BLM Pahrump Field Office, or by
calling (702) 515–5000, and asking to
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speak to a member of the Pahrump
Realty Team.
In accordance with 43 CFR 2710.0–
6(c)(3)(ii) and 43 CFR 2711.3–2(a)(1)(i),
modified competitive sale procedures
are appropriate to protect on-going uses
and to assure compatibility of the
possible uses with adjacent lands.
Conveyance of the sale parcels will be
subject to valid existing rights and
encumbrances of record, including, but
not limited to, rights-of-way (ROW) for
roads and public utilities. The patents
will include appropriate
indemnification clauses protecting the
United States from claims arising out of
the patentee’s use occupancy or
occupations on the patented lands. No
warranty of any kind, express or
implied, is given by the United States as
to the title, physical condition, or
potential uses of the parcels of land
proposed for sale. The Pahrump Field
Office will also publish a copy of this
notice once a week for three consecutive
weeks in the Pahrump Valley Times
prior to both the phase-one and phasetwo sales.
Segregation: Publication of this notice
in the Federal Register segregates the
subject lands from all appropriations
under the public land laws, including
the general mining laws and from the
mineral leasing and geothermal leasing
laws, except sale under FLPMA. The
segregation will terminate: (i) Upon
publication in the Federal Register of a
termination of the segregation; or (ii) At
the end of two years from the date of
this publication in the Federal Register,
whichever occurs first. On publication
of this notice and until completion of
the sales, the BLM is no longer
accepting land-use applications
affecting the parcels identified for sale.
However, land-use applications may be
considered after completion of the
phase-two sale if the parcels are not
sold. The parcels may be subject to
land-use applications received prior to
publication of this notice if processing
the application would have no adverse
effect on the marketability of title, or the
FMV of the parcels. Encumbrances of
record that may appear in the BLM
public files for the parcels proposed for
sale are available for review during
business hours, 8 a.m. to 4:30 p.m.,
Pacific Time, Monday through Friday at
the BLM Pahrump Field Office except
during Federally recognized holidays.
The parcels are subject to limitations
prescribed by law and regulation, and
prior to patent issuances, a holder of
any ROW within the parcels may be
given the opportunity to amend the
ROW for conversion to a new term,
including perpetuity, if applicable, or an
easement. In accordance with
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36619
regulations at 43 CFR 2807.15(b), the
BLM notified the valid existing ROW
holders by letter of their ability to
convert their ROWs to perpetual ROWs
or easements.
Once the Decision Record is filed,
amending the RMP and approving the
proposed sales, the modified
competitive sales will occur in two
phases. Phase one will dispose public
land for which the existing cadastral
survey is adequate. Phase two will
dispose the remaining public land in the
RMP amendment area after the cadastral
survey for the parcels has been
completed.
The patents if issued, would be
subject to the following terms,
conditions, and reservations:
1. All minerals deposits in the lands
so patented, and to it, or persons
authorized by it, the right to prospect
for, mine, and remove such deposits
from the same under applicable law and
regulations to be established by the
Secretary of the Interior are reserved to
the United States, together with all
necessary access and exit rights;
2. A ROW is reserved for ditches and
canals constructed by authority of the
United States under the Act of August
30, 1890 (43 U.S.C. 945);
3. The parcels are subject to valid
existing rights;
4. The parcels are subject to
reservations for road, public utilities
and flood control purposes, both
existing and proposed, in accordance
with the local governing entities’
transportation plans; and
5. Appropriate indemnification
clauses protecting the United States
from claims arising out of the lessee’s/
patentee’s use, occupancy, or
occupations on the leased/patented
lands.
Pursuant to the requirements
established by Section 120(h) of
CERCLA, 42 U.S.C. 9620(h), as amended
by the Superfund Amendments and
Reauthorization Act of 1988, 100 Stat.
1670, notice is hereby given that the
above-described lands have been
examined and no evidence was found to
indicate that any hazardous substances
have been stored for one year or more,
nor had any hazardous substances been
disposed of or released on the subject
property.
No warranty of any kind, express or
implied, is given by the United States as
to the title, whether or to what extent
the land may be developed, its physical
condition, future uses, or any other
circumstance or condition. The
conveyances of the parcels will not be
on a contingency basis. However, to the
extent required by law, the parcels are
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Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices
subject to the requirements of Section
120(h) of the CERCLA.
Sale procedures: All sale procedures
apply to both the phase one and phase
two sales. The approximate sale acreage
is 553 acres for phase one and 68 acres
for phase two. The FMV for both the
phase one and phase two sales will be
available on BLM’s website at https://
go.usa.gov/xn7nT no later than 30 days
prior to the respective sale. The
designated bidder must appoint an
authorized representative for these sales
by submitting, in writing, a notarized
document that also identifies the level
of capacity given to the authorized
representative. The authorized
representative will have the opportunity
to meet and accept the high bid as the
purchase price of the parcels. Should
the authorized representative refuse to
meet the high bid, the party submitting
the high bid will be declared the
successful bidder in accordance with
regulations at 43 CFR 2711.3–2(c).
Consistent with 43 CFR 2711.3–2(e),
acceptance or rejection of any offer to
purchase shall be in accordance with
the procedures set forth in 43 CFR
2711.3–1(f) and (g). Sealed bids will be
presented for the sale parcels for both
phase one and phase two. Sealed bid
envelopes must be clearly marked on
the front lower left corner with:
‘‘SEALED BID BLM LAND SALE’’ and
the identification number for the sale
parcel. The phase one sale envelope
should be marked ‘‘BLM SERIAL
NUMBER N–95802.’’ The phase two
sale envelope should be marked ‘‘BLM
SERIAL NUMBER N–96616.’’ Each
sealed bid shall state the highest bid
amount and be accompanied by a
cashier’s check, certified check, or U.S.
postal money order, and made payable
in U.S. dollars to ‘‘Department of the
Interior—Bureau of Land Management’’
for not less than 20 percent of the
amount bid. Personal or company
checks will not be accepted. The sealed
bid envelope shall also include a
completed and signed Certificate of
Eligibility and supporting
documentation. The Certificate of
Eligibility can be found at the Pahrump
Field Office or for an electronic form,
please contact the Pahrump Field
Office, as specified in the ADDRESSES
section, above. Pursuant to regulations
43 CFR 2711.2, bidders must be (1)
United States citizens 18 years of age or
older; (2) A corporation subject to the
laws of any State or of the United States;
(3) An entity including, but not limited
to associations or partnerships capable
of acquiring and owning real property,
or interests therein, under the laws of
the State of Nevada; or (4) A State, State
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instrumentality, or political subdivision
authorized to hold real property. United
States citizenship is evidenced by
presenting a birth certificate, passport,
or naturalization papers. Sealed bids for
phase one will be opened and recorded
to determine the high bidder on January
18, 2019 at the Pahrump Field Office at
10:00 a.m., Pacific Time. Sealed bids for
phase two will be opened and recorded
to determine the high bidder on August
30, 2019, at the Pahrump Field Office at
10:00 a.m., Pacific Time. Pursuant to 43
CFR 2711.3–1(c), if two or more sealed
bid envelopes containing valid bids of
the same highest auction amount are
received, oral bidding will start at the
sealed bid amount between the
matching sealed bidders. The highest
bidder among the qualified bids
received for each sale will be
announced under 43 CFR 2711.3–1(d).
The apparent high bidder must submit
a deposit of not less than 20 percent of
the successful bid by 3:00 p.m. Pacific
Time on the day of the sale in the form
of a certified check, postal money order,
bank draft, or cashier’s check made
payable in U.S. dollars to the
‘‘Department of the Interior—Bureau of
Land Management.’’ Funds must be
delivered no later than 3:00 p.m. Pacific
Time on the day of the applicable sale
to the BLM Collection Officers located
at the Pahrump Field Office. If the high
bidder is unable to consummate the
transaction for any reason, the secondhighest bid may be considered for
award. The BLM will send the
successful bidder a high bidder letter
with detailed information for full
payment.
Within 30 days of the bid opening, the
BLM will, in writing, either accept or
reject all bids received. No contractual,
or other rights against the United States,
may accrue until the BLM officially
accepts the offer to purchase and the
full bid price is paid. Unless other
satisfactory arrangements are approved
in advance by a BLM authorized officer,
conveyance of title shall be through the
use of escrow. Designation of the escrow
agent shall be through mutual
agreement between the BLM and the
prospective patentee, and costs of
escrow shall be borne by the prospective
patentee. Requests for all escrow
instructions must be received by the
Pahrump Field Office prior to 30 days
before the prospective patentee’s
scheduled closing date. There are no
exceptions. No contractual or other
rights against the United States may
accrue until the BLM officially accepts
the offer to purchase, and the full bid
price is submitted by the 180th day
following the sale. All name changes
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Sfmt 4703
and supporting documentation must be
received at the BLM Pahrump Field
Office 30 days from the date on the high
bidder letter by 4:30 p.m., Pacific Time.
Name changes will not be accepted after
that date. To submit a name change, the
apparent high bidder must submit the
name change on the Certificate of
Eligibility to the BLM Pahrump Field
Office in writing. The remainder of the
full bid price for the parcel must be paid
prior to the expiration of the 180th day
following the close of the sale. Payment
must be submitted in the form of a
certified check, postal money order,
bank draft or cashier’s check made
payable in U.S. dollars to the
‘‘Department of the Interior—Bureau of
Land Management.’’ Personal or
company checks will not be accepted.
Arrangements for electronic fund
transfer to the BLM for payment of the
balance due must be made a minimum
of two weeks prior to the payment date.
Failure to pay the full bid price prior to
the expiration of the 180th day will
disqualify the apparent high bidder and
cause the entire 20 percent bid deposit
to be forfeited to the BLM. Forfeiture of
the 20 percent bid deposit is in
accordance with 43 CFR 2711.3–1(d).
No exceptions will be made. The BLM
cannot accept the full bid price after the
180th day of the sale date.
The BLM will not sign any documents
related to 1031 Exchange transactions.
The timing and all other elements for
completion of any 1031 Exchange are
the bidder’s responsibility. The BLM is
not a party to any 1031 Exchange. All
sales are made in accordance with and
subject to the governing provisions of
law and applicable regulations. In
accordance with 43 CFR 2711.3–1(f), the
BLM may accept or reject any or all
offers to purchase, or withdraw any
parcel of land or interest therein from
sale, if, in the opinion of a BLM
authorized officer, consummation of the
sale would be inconsistent with any
law, or for other reasons. The parcels, if
not sold by modified competitive,
sealed bid sale, may be identified for
sale at a later date without further legal
notice.
In order to determine the FMV,
certain assumptions may have been
made concerning the attributes and
limitations of the land and potential
effects of local regulations and policies
on potential future land uses. Through
publication of this notice, the BLM
advises that these assumptions might
not be endorsed or approved by units of
local government. It is the bidder’s
responsibility to be aware of all
applicable Federal, State, and local
government laws, regulations and
policies that may affect the subject
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lands, including any required
dedication of lands for public uses. It is
also the bidder’s responsibility to be
aware of existing or prospective uses of
nearby properties. When conveyed out
of Federal ownership, the lands will be
subject to any applicable laws,
regulations, and policies of the
applicable local government for
proposed future uses. It will be the
responsibility of the purchaser to be
aware through due diligence of those
laws, regulations, and policies, and to
seek any required local approvals for
future uses. Bidders should also make
themselves aware of any Federal or
State law or regulation that may impact
the future use of the property. Any land
lacking access from a public road or
highway will be conveyed as such, and
future access acquisition will be the
responsibility of the buyer.
Any adverse comments regarding the
proposed sales will be reviewed by the
BLM Nevada State Director, who may
sustain, vacate, or modify this realty
action. In the absence of any valid
adverse comments, this realty action
will become the final determination of
the Department of the Interior.
Authority: 40 CFR 1501.7, 43 CFR 1610.2,
43 CFR 1610.5, 43 CFR 2400, 43 CFR 2710,
43 CFR 2711 and 43 CFR 2800.
Michael C. Courtney,
Acting Nevada State Director.
[FR Doc. 2018–16226 Filed 7–27–18; 8:45 am]
BILLING CODE 4310–HC–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1125]
Certain Height-Adjustable Desk
Platforms and Components Thereof
Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on June
22, 2018, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Varidesk LLC of Coppell, Texas. On July
3, 12, and 20, 2018, Varidesk filed
letters supplementing the complaint.
The complaint alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain height-adjustable desk platforms
and components thereof by reason of
infringement of certain claims of U.S.
Patent No. 9,113,703 (‘‘the ’703 patent’’);
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
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20:33 Jul 27, 2018
Jkt 244001
U.S. Patent No. 9,277,809 (‘‘the ’809
patent’’); U.S. Patent No. 9,554,644 (‘‘the
’644 patent’’); and U.S. Patent No.
9,924,793 (‘‘the ’793 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
general exclusion order and a cease and
desist order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW, Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia Proctor, Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
July 23, 2018, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of products identified in
paragraph (2) by reason of infringement
of one or more of claims 1–4 and 6–11
of the ’703 patent; claims 1–3, 5–18, and
22–28 of the ’809 patent; claims 1–15,
19, 21–23, 25–26, and 28–36 of the ’644
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36621
patent; and claims 1–11 and 20–50 of
the ’793 patent; and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘a desk platform that
sits on an existing desk or work surface
and can be adjusted to different
heights’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Varidesk LLC,
1221 South Belt Line Road, #500,
Coppell, Texas 75019.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Albeit LLC, 1351 Broadway Street, San
Francisco, CA 94109
ATC Supply LLC, 12604 Canterbury
Drive, Plainfield, IL 60585–3000
Shenzhen Atc Network Scienology CO.,
LTD., Room 1902, Zian Business
Building, The Xinan Second Road,
Baoan District, Shenzhen, 518000
Guangdong, China
Best Choice Products, 5642 East Ontario
Mills Parkway, Ontario, CA 91764
Huizhou Chang He Home Supplies Co.,
Ltd., Building 2, Tangquan Qiaoxing
Tech Ind. Zone, Xiaojinkou Town,
Huizhou, 516023 Guangdong, China
Dakota Trading, Inc., 85 Kinderkamack
Road, Emerson, NJ 07630
Designa Inc., San Zhou Lang Industrial
Park, Airport Road, Nanhai District,
Foshan City, 528237 Guangdong,
China
Designa Group, Inc., 4901 Moreau
Court, El Dorado Hills, CA 95762
Eureka LLC, 4901 Moreau Court, El
Dorado Hills, CA 95762
LaMountain International Group LLC,
9125 Santorini Drive, Elk Grove, CA
95758
Amazon Import Inc., 9910 Baldwin
Place, El Monte, CA 91731
Hangzhou Grandix Electronics Co., Ltd.,
Room 1–1804, New Youth Plaza, No.
8 Jiashan Road, Gongshu District,
Hangzhou, 310014 Zhejiang, China
Ningbo GYL International Trading Co.,
Ltd., 228 Mingbin Road, Luoto Area,
Zhenhai, Ningbo, 315202 Zhejiang,
China
Knape & Vogt Manufacturing Co., 2700
Oak Industrial Drive NE, Grand
Rapids, MI 49505
E:\FR\FM\30JYN1.SGM
30JYN1
]]>Agencies
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36618-36621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16226]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVSO3000. L54400000. EU0000. LVCLF1805630.18X; MO# TBA TAS:
18XL5017AR]
Notice of Intent To Amend the Las Vegas Resource Management Plan
and Prepare an Environmental Assessment; Notice of Segregation and
Notice of Realty Action; Classification and Proposed Modified
Competitive Sales of Public Land in Pahrump, Nye County, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Intent and Notice of Realty Action.
-----------------------------------------------------------------------
SUMMARY: In compliance with section 203 of the Federal Land Policy and
Management Act (FLPMA), as amended, and the National Environmental
Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management's
(BLM) Pahrump Field Office proposes to amend the 1998 Las Vegas
Resource Management Plan (RMP) and prepare an Environmental Assessment
(EA) to identify approximately 621 acres of public land for sale. The
EA will also evaluate the proposed sale of these acres through two
modified competitive sealed bid sales of public land for not less than
the appraised fair market value (FMV). Publication of this notice in
the Federal Register segregates the subject lands from all
appropriation under the public land laws, including the general mining
laws, and from the mineral leasing and geothermal leasing laws, except
the sales provisions of FLPMA.
DATES: Interested parties may submit written comments regarding the RMP
Amendment during the 30-day scoping period initiated by publication of
this notice in the Federal Register and ending August 29, 2018.
Interested parties may submit written comments regarding the Notice of
Realty Action for the proposed land sale during the 45-day comment
period initiated by publication of this notice in the Federal Register,
and ending September 13, 2018. All dates related to the bid process are
contained the SUPPLEMENTARY INFORMATION section.
ADDRESSES: You may submit comments on issues and planning criteria
related to the plan amendment and realty action by any of the following
methods:
Email: [email protected].
Fax: (702) 515-5010, Attn: Shevawn Sapp.
Mail: BLM, Attn: Shevawn Sapp, Pahrump Field Office, 4701
N. Torrey Pines Dr., Las Vegas, NV, 89130-2301.
Documents, including, but not limited to, the draft plan amendment
and supporting EA, pertinent to this proposal will be available at the
above address.
FOR FURTHER INFORMATION CONTACT: For further information and/or to have
your name added to the mailing list, send requests to one of the
following:
Shevawn Sapp, Realty Specialist, at telephone (702) 515-
5063;
Email: [email protected];
Mailing Address: 4701 North Torrey Pines Drive, Las Vegas,
NV 89130-2301.
Persons who use a telecommunications device for the deaf (TDD) may
call the Federal Relay Service (FRS) at 800-877-8339, to contact the
above individual during normal business hours. The FRS is available 24
hours a day, 7 days a week, to leave a message or question with the
above individual. You will receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: Spring Mountain Raceway, LLC has requested
that the BLM dispose of public land by direct sale or modified
competitive sale within the Town of Pahrump for approximately 621
acres. The public land directly abuts property owned by Spring Mountain
Raceway, LLC, along State Route 160 near Gamebird Road in Nye County.
The Nye County Board of Commissioners supports the proposal. The BLM
Pahrump Field Office intends to prepare an RMP amendment with an
associated EA for the Las Vegas RMP. This Notice of Intent (NOI)
includes a proposed two-phase modified competitive sealed bid sale,
announces the beginning of the scoping process for the RMP amendment
and a temporary segregation from appropriation under the public land
laws, including the mining law, and mineral leasing and geothermal
leasing laws, subject to valid existing rights. Because the Las Vegas
RMP does not specifically include or identify the sale parcels for
disposal, a land-use plan amendment is required.
The proposed sales would be conducted in two phases, with phase one
anticipated in January 2019 and phase two anticipated in the summer of
2019. The first phase includes the proposed sale of approximately 553
acres. The second phase includes the remaining 68 acres, which also
require cadastral survey before they may be sold. When ready, the Draft
RMP Amendment and EA will be available for a 30-day public comment
period, on BLM's website at https://go.usa.gov/xn7nT and may be
announced in local news outlets as well. Sealed bids for the phase-one
modified competitive sale may be mailed or delivered to the BLM Pahrump
Field Office, at the address above, beginning January 10, 2019 and
ending January 17, 2019. Sealed bids must be received at the BLM Office
no later than 4:30 p.m. Pacific Time on January 17, 2019. The BLM will
open the sealed bids for the phase one sale on January 18, 2019 at the
BLM Pahrump Field Office at 10 a.m. Pacific Time. Sealed bids for the
phase-two modified competitive sale may be mailed or delivered to the
BLM Pahrump Field Office, at the address below, beginning August 16,
2019. Sealed bids must be received no later than 4:30 p.m. Pacific
Time, August 23, 2019, in accordance with the sale procedures. The BLM
will open the sealed bids for the phase-two sale on August 30, 2019 at
the BLM Pahrump Field Office at 10 a.m. Pacific Time.
The segregation will terminate: (i) Upon publication in the Federal
Register of a termination of the segregation; or (ii) At the end of two
years from the date of this publication in the Federal Register,
whichever occurs first.
The purpose of the public scoping process is to determine relevant
issues that will influence the scope of the environmental analysis,
including alternatives, and to guide the planning process. The
preliminary issue for the plan amendment and proposed disposal area
identified by BLM personnel; Federal, state, and local agencies; and
interested stakeholders is desert tortoise habitat. The public land
proposed for sale directly abuts property owned by Spring Mountain
Raceway, LLC, along
[[Page 36619]]
State Route 160 near Gamebird Road in Nye County. The land is described
as:
Mount Diablo Meridian, Nevada
T. 20 S., R. 54 E.,
Sec. 27, SW\1/4\, that part lying outside of the utility
corridor;
Sec. 28, E\1/2\NE\1/4\NE\1/4\SW\1/4\, NE\1/4\SE\1/4\NE\1/4\SW\1/
4\,
S\1/2\SE\1/4\NE\1/4\SW\1/4\, NE\1/4\SE\1/4\SW\1/4\, E\1/2\SW\1/
4\SE\1/4\SW\1/4\, SE\1/4\SE\1/4\SW\1/4\, and SE\1/4\;
Sec. 34, lots 2, 3, and 4, those parts lying South of the
utility corridor, lots 5 thru 8, NE1/4NW1/4, that part lying South
the utility corridor, SE\1/4\NW\1/4\, and E\1/2\SW\1/4\.
The area combined contains approximately 621 acres +/- according to
the official plats of surveys of said land, on file with the BLM, and
areas determined using GIS maps.
The BLM determined that a modified competitive method of sale would
be the appropriate method for disposal of these parcels. These sales
meet the criteria found in 43 CFR 2710.0-3(a)(2) because these
disposals serve important public objectives, including but not limited
to, expansion of communities and economic development, which cannot be
achieved prudently or feasibly on other lands. The authorized officer
has identified Spring Mountain Raceway, LLC, as the designated bidder
for these parcels. The use of the modified-competitive sale method is
consistent with 43 CFR 2711.3-2(a) because the authorized officer has
determined it is necessary in order to assure equitable distribution of
land among purchasers or to recognize equitable considerations or
public policies.
Only written comments will be considered properly filed. Submit
comments to the address in the ADDRESSES section. Before including your
address, phone number, email address, or other personally identifiable
information in your comment, you should be aware that your entire
comment--including your personally identifiable information--may be
made publicly available at any time. While you can ask the BLM in your
comment to withhold your personally identifiable information from
public review, we cannot guarantee that we will be able to do so.
Information concerning the sales, appraisals, reservations, sale
procedures and conditions, Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, maps delineating the
proposed sale parcels, mineral potential report, the EA, and other
environmental documents will be available for review at the BLM Pahrump
Field Office, or by calling (702) 515-5000, and asking to speak to a
member of the Pahrump Realty Team.
In accordance with 43 CFR 2710.0-6(c)(3)(ii) and 43 CFR 2711.3-
2(a)(1)(i), modified competitive sale procedures are appropriate to
protect on-going uses and to assure compatibility of the possible uses
with adjacent lands. Conveyance of the sale parcels will be subject to
valid existing rights and encumbrances of record, including, but not
limited to, rights-of-way (ROW) for roads and public utilities. The
patents will include appropriate indemnification clauses protecting the
United States from claims arising out of the patentee's use occupancy
or occupations on the patented lands. No warranty of any kind, express
or implied, is given by the United States as to the title, physical
condition, or potential uses of the parcels of land proposed for sale.
The Pahrump Field Office will also publish a copy of this notice once a
week for three consecutive weeks in the Pahrump Valley Times prior to
both the phase-one and phase-two sales.
Segregation: Publication of this notice in the Federal Register
segregates the subject lands from all appropriations under the public
land laws, including the general mining laws and from the mineral
leasing and geothermal leasing laws, except sale under FLPMA. The
segregation will terminate: (i) Upon publication in the Federal
Register of a termination of the segregation; or (ii) At the end of two
years from the date of this publication in the Federal Register,
whichever occurs first. On publication of this notice and until
completion of the sales, the BLM is no longer accepting land-use
applications affecting the parcels identified for sale. However, land-
use applications may be considered after completion of the phase-two
sale if the parcels are not sold. The parcels may be subject to land-
use applications received prior to publication of this notice if
processing the application would have no adverse effect on the
marketability of title, or the FMV of the parcels. Encumbrances of
record that may appear in the BLM public files for the parcels proposed
for sale are available for review during business hours, 8 a.m. to 4:30
p.m., Pacific Time, Monday through Friday at the BLM Pahrump Field
Office except during Federally recognized holidays. The parcels are
subject to limitations prescribed by law and regulation, and prior to
patent issuances, a holder of any ROW within the parcels may be given
the opportunity to amend the ROW for conversion to a new term,
including perpetuity, if applicable, or an easement. In accordance with
regulations at 43 CFR 2807.15(b), the BLM notified the valid existing
ROW holders by letter of their ability to convert their ROWs to
perpetual ROWs or easements.
Once the Decision Record is filed, amending the RMP and approving
the proposed sales, the modified competitive sales will occur in two
phases. Phase one will dispose public land for which the existing
cadastral survey is adequate. Phase two will dispose the remaining
public land in the RMP amendment area after the cadastral survey for
the parcels has been completed.
The patents if issued, would be subject to the following terms,
conditions, and reservations:
1. All minerals deposits in the lands so patented, and to it, or
persons authorized by it, the right to prospect for, mine, and remove
such deposits from the same under applicable law and regulations to be
established by the Secretary of the Interior are reserved to the United
States, together with all necessary access and exit rights;
2. A ROW is reserved for ditches and canals constructed by
authority of the United States under the Act of August 30, 1890 (43
U.S.C. 945);
3. The parcels are subject to valid existing rights;
4. The parcels are subject to reservations for road, public
utilities and flood control purposes, both existing and proposed, in
accordance with the local governing entities' transportation plans; and
5. Appropriate indemnification clauses protecting the United States
from claims arising out of the lessee's/patentee's use, occupancy, or
occupations on the leased/patented lands.
Pursuant to the requirements established by Section 120(h) of
CERCLA, 42 U.S.C. 9620(h), as amended by the Superfund Amendments and
Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given
that the above-described lands have been examined and no evidence was
found to indicate that any hazardous substances have been stored for
one year or more, nor had any hazardous substances been disposed of or
released on the subject property.
No warranty of any kind, express or implied, is given by the United
States as to the title, whether or to what extent the land may be
developed, its physical condition, future uses, or any other
circumstance or condition. The conveyances of the parcels will not be
on a contingency basis. However, to the extent required by law, the
parcels are
[[Page 36620]]
subject to the requirements of Section 120(h) of the CERCLA.
Sale procedures: All sale procedures apply to both the phase one
and phase two sales. The approximate sale acreage is 553 acres for
phase one and 68 acres for phase two. The FMV for both the phase one
and phase two sales will be available on BLM's website at https://go.usa.gov/xn7nT no later than 30 days prior to the respective sale.
The designated bidder must appoint an authorized representative for
these sales by submitting, in writing, a notarized document that also
identifies the level of capacity given to the authorized
representative. The authorized representative will have the opportunity
to meet and accept the high bid as the purchase price of the parcels.
Should the authorized representative refuse to meet the high bid, the
party submitting the high bid will be declared the successful bidder in
accordance with regulations at 43 CFR 2711.3-2(c). Consistent with 43
CFR 2711.3-2(e), acceptance or rejection of any offer to purchase shall
be in accordance with the procedures set forth in 43 CFR 2711.3-1(f)
and (g). Sealed bids will be presented for the sale parcels for both
phase one and phase two. Sealed bid envelopes must be clearly marked on
the front lower left corner with: ``SEALED BID BLM LAND SALE'' and the
identification number for the sale parcel. The phase one sale envelope
should be marked ``BLM SERIAL NUMBER N-95802.'' The phase two sale
envelope should be marked ``BLM SERIAL NUMBER N-96616.'' Each sealed
bid shall state the highest bid amount and be accompanied by a
cashier's check, certified check, or U.S. postal money order, and made
payable in U.S. dollars to ``Department of the Interior--Bureau of Land
Management'' for not less than 20 percent of the amount bid. Personal
or company checks will not be accepted. The sealed bid envelope shall
also include a completed and signed Certificate of Eligibility and
supporting documentation. The Certificate of Eligibility can be found
at the Pahrump Field Office or for an electronic form, please contact
the Pahrump Field Office, as specified in the ADDRESSES section, above.
Pursuant to regulations 43 CFR 2711.2, bidders must be (1) United
States citizens 18 years of age or older; (2) A corporation subject to
the laws of any State or of the United States; (3) An entity including,
but not limited to associations or partnerships capable of acquiring
and owning real property, or interests therein, under the laws of the
State of Nevada; or (4) A State, State instrumentality, or political
subdivision authorized to hold real property. United States citizenship
is evidenced by presenting a birth certificate, passport, or
naturalization papers. Sealed bids for phase one will be opened and
recorded to determine the high bidder on January 18, 2019 at the
Pahrump Field Office at 10:00 a.m., Pacific Time. Sealed bids for phase
two will be opened and recorded to determine the high bidder on August
30, 2019, at the Pahrump Field Office at 10:00 a.m., Pacific Time.
Pursuant to 43 CFR 2711.3-1(c), if two or more sealed bid envelopes
containing valid bids of the same highest auction amount are received,
oral bidding will start at the sealed bid amount between the matching
sealed bidders. The highest bidder among the qualified bids received
for each sale will be announced under 43 CFR 2711.3-1(d). The apparent
high bidder must submit a deposit of not less than 20 percent of the
successful bid by 3:00 p.m. Pacific Time on the day of the sale in the
form of a certified check, postal money order, bank draft, or cashier's
check made payable in U.S. dollars to the ``Department of the
Interior--Bureau of Land Management.'' Funds must be delivered no later
than 3:00 p.m. Pacific Time on the day of the applicable sale to the
BLM Collection Officers located at the Pahrump Field Office. If the
high bidder is unable to consummate the transaction for any reason, the
second-highest bid may be considered for award. The BLM will send the
successful bidder a high bidder letter with detailed information for
full payment.
Within 30 days of the bid opening, the BLM will, in writing, either
accept or reject all bids received. No contractual, or other rights
against the United States, may accrue until the BLM officially accepts
the offer to purchase and the full bid price is paid. Unless other
satisfactory arrangements are approved in advance by a BLM authorized
officer, conveyance of title shall be through the use of escrow.
Designation of the escrow agent shall be through mutual agreement
between the BLM and the prospective patentee, and costs of escrow shall
be borne by the prospective patentee. Requests for all escrow
instructions must be received by the Pahrump Field Office prior to 30
days before the prospective patentee's scheduled closing date. There
are no exceptions. No contractual or other rights against the United
States may accrue until the BLM officially accepts the offer to
purchase, and the full bid price is submitted by the 180th day
following the sale. All name changes and supporting documentation must
be received at the BLM Pahrump Field Office 30 days from the date on
the high bidder letter by 4:30 p.m., Pacific Time. Name changes will
not be accepted after that date. To submit a name change, the apparent
high bidder must submit the name change on the Certificate of
Eligibility to the BLM Pahrump Field Office in writing. The remainder
of the full bid price for the parcel must be paid prior to the
expiration of the 180th day following the close of the sale. Payment
must be submitted in the form of a certified check, postal money order,
bank draft or cashier's check made payable in U.S. dollars to the
``Department of the Interior--Bureau of Land Management.'' Personal or
company checks will not be accepted. Arrangements for electronic fund
transfer to the BLM for payment of the balance due must be made a
minimum of two weeks prior to the payment date. Failure to pay the full
bid price prior to the expiration of the 180th day will disqualify the
apparent high bidder and cause the entire 20 percent bid deposit to be
forfeited to the BLM. Forfeiture of the 20 percent bid deposit is in
accordance with 43 CFR 2711.3-1(d). No exceptions will be made. The BLM
cannot accept the full bid price after the 180th day of the sale date.
The BLM will not sign any documents related to 1031 Exchange
transactions. The timing and all other elements for completion of any
1031 Exchange are the bidder's responsibility. The BLM is not a party
to any 1031 Exchange. All sales are made in accordance with and subject
to the governing provisions of law and applicable regulations. In
accordance with 43 CFR 2711.3-1(f), the BLM may accept or reject any or
all offers to purchase, or withdraw any parcel of land or interest
therein from sale, if, in the opinion of a BLM authorized officer,
consummation of the sale would be inconsistent with any law, or for
other reasons. The parcels, if not sold by modified competitive, sealed
bid sale, may be identified for sale at a later date without further
legal notice.
In order to determine the FMV, certain assumptions may have been
made concerning the attributes and limitations of the land and
potential effects of local regulations and policies on potential future
land uses. Through publication of this notice, the BLM advises that
these assumptions might not be endorsed or approved by units of local
government. It is the bidder's responsibility to be aware of all
applicable Federal, State, and local government laws, regulations and
policies that may affect the subject
[[Page 36621]]
lands, including any required dedication of lands for public uses. It
is also the bidder's responsibility to be aware of existing or
prospective uses of nearby properties. When conveyed out of Federal
ownership, the lands will be subject to any applicable laws,
regulations, and policies of the applicable local government for
proposed future uses. It will be the responsibility of the purchaser to
be aware through due diligence of those laws, regulations, and
policies, and to seek any required local approvals for future uses.
Bidders should also make themselves aware of any Federal or State law
or regulation that may impact the future use of the property. Any land
lacking access from a public road or highway will be conveyed as such,
and future access acquisition will be the responsibility of the buyer.
Any adverse comments regarding the proposed sales will be reviewed
by the BLM Nevada State Director, who may sustain, vacate, or modify
this realty action. In the absence of any valid adverse comments, this
realty action will become the final determination of the Department of
the Interior.
Authority: 40 CFR 1501.7, 43 CFR 1610.2, 43 CFR 1610.5, 43 CFR
2400, 43 CFR 2710, 43 CFR 2711 and 43 CFR 2800.
Michael C. Courtney,
Acting Nevada State Director.
[FR Doc. 2018-16226 Filed 7-27-18; 8:45 am]
BILLING CODE 4310-HC-P
