Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45607 

FOR FURTHER INFORMATION CONTACT: 

Bradley Johnson, Planning & 

Environmental Coordinator, telephone: 

307–578–5928; address: 1002 Blackburn 

Street, Cody, Wyoming 82414; email: 

bbjohnson@blm.gov. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact Mr. Johnson 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. You may 

call either of these numbers to have 

your name added to the project mailing 

list. 

SUPPLEMENTARY INFORMATION: This 

Notice initiates the public scoping 

process for the EIS. The BLM intends to 

prepare an EIS to support the decision 

making for the proposed Project and 

conduct a public scoping period to seek 

input on the preliminary issues 

identified regarding this proposal. The 

Wyoming Water Development 

Commission proposes to enlarge the 

water storage capacity of Leavitt 

Reservoir to a total capacity of 6,604 

acre feet for the purposes of multiple 

use that include late season irrigation, 

flood attenuation and recreation. A 1.5- 

mile sub-surface pipeline from Beaver 

Creek will divert water to the reservoir 

inlet via a 42-inch diameter pipeline 

across private lands. A permanent subsurface transfer pipeline, approximately 

three miles long, is proposed 

downstream in the Beaver Creek 

drainage to efficiently convey reservoir 

release water to irrigation 

infrastructure.The proposal area is 

between the towns of Greybull and 

Shell, Wyoming, in the Sixth Principal 

Meridian, Wyoming, T. 54 N., R. 92 W., 

sec. 13, NW1/4SW1/4 and SW1/4SW1/ 

4; sec. 14, NE1/4SE1/4 and SE1/4SE1/4; 

sec. 23, NE1/4NE1/4 and SE1/4NE1/4; 

sec. 24, lots 3 and 4, SW1/4NW1/4, SE1/ 

4NW1/4, NW1/4SW1/4, NE1/4SW1/4, 

and SW1/4SE1/4. 

Preliminary issues include: Potential 

impacts to wetlands and cultural sites 

(properties), ground and surface waters, 

mineral development, wildlife habitat, 

and the county road right-of-way. The 

BLM will identify, analyze, and require 

mitigation, as appropriate, to address 

the reasonably foreseeable impacts to 

resources from the approval of this 

Project. Mitigation may include 

avoidance, minimization, rectification, 

reduction or elimination over time, and 

compensatory mitigation; and may be 

considered at multiple scales, including 

the landscape-scale. 

The BLM seeks resource information 

and data for public land values (e.g., air 

quality, cultural and historic resources, 

fire/fuels, fisheries, forestry, lands and 

realty, non-energy minerals and geology, 

oil and gas, paleontology, rangeland 

management, recreation, soil, water, and 

wildlife) in the project area. As 

proposed, approximately 48 percent of 

the project area would take place on 

BLM-managed public lands. The 

proposed dam and nearly the entirety of 

the expanded reservoir would reside on 

BLM lands. The proposed pipeline and 

borrow areas both cross or take place 

nearly in their entirety on private lands. 

The purpose of this request is to ensure 

that the project analysis has sufficient 

information and data to consider a 

reasonable range of resource uses, 

management options, and alternatives 

for managing public lands. 

Please submit information to the Cody 

Field Manager at the address above. The 

BLM will treat proprietary information 

submissions marked as ‘‘Confidential’’ 

in accordance with the laws and 

regulations governing the 

confidentiality of such information. To 

provide the public with an opportunity 

to review the proposal and associated 

information, as well as any proposed 

plan amendments, the BLM will host 

meetings before October 30, 2017. The 

BLM will notify the public of meetings 

and any other opportunities for the 

public to be involved in the process for 

this proposal at least 15 days prior to 

the event. Meeting dates, locations and 

times will be announced by a news 

release to the media, individual 

emailings, and postings on the project 

Web site. The purpose of the public 

scoping process is to determine relevant 

issues that will influence the scope of 

the environmental analysis, including 

alternatives, and guide the process for 

developing the EIS. 

The BLM will use and coordinate the 

NEPA commenting process to help 

fulfill the public involvement process 

under Section 106 of the National 

Historic Preservation Act (NHPA) (54 

U.S.C. 306108), as provided for in 36 

CFR 800.2(d)(3). The information about 

historic and cultural resources in the 

area potentially affected by the proposal 

will assist the lead agency in identifying 

and evaluating impacts to such 

resources in the context of both NEPA 

and Section 106 of the NHPA. Native 

American tribal consultations will be 

conducted in accordance with policy, 

and tribal concerns will be given due 

consideration. Federal, state and local 

agencies, along with other stakeholders 

that may be interested or affected by the 

BLM’s decisions on this proposal, are 

invited to participate in the scoping 

process and, if eligible, may request or 

be requested by the BLM to participate 

as a cooperating agency. 

Before including your address, phone 

number, email address or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority: 40 CFR 1501.7. 

Mary Jo Rugwell, 

BLM Wyoming State Director. 

[FR Doc. 2017–21140 Filed 9–28–17; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

[Docket No. BOEM–2017–0059; 

MMAA104000] 

Record of Decision for the Cape Wind 

Energy Project 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Notice of availability of a 

Record of Decision. 

SUMMARY: The Bureau of Ocean Energy 

Management (BOEM) is announcing the 

availability of a Record of Decision 

(ROD) for the Cape Wind Energy Project 

Final Supplemental Environmental 

Impact Statement (SEIS) in this Notice 

of Availability (NOA). The SEIS was 

prepared in response to a 2016 remand 

order from the U.S. Court of Appeals for 

the District of Columbia Circuit in 

Public Employees for Environmental 

Responsibility v. Hopper, 827 F.3d 1077 

(D.C. Cir. 2016), in which the Court 

vacated the 2009 Cape Wind Energy 

Project Final Environmental Impact 

Statement (EIS) and ordered BOEM to 

supplement the EIS with adequate 

geological surveys before Cape Wind 

Associates LLC (Cape Wind) may begin 

construction. The SEIS presented two 

alternatives: The Proposed Action 

(affirming BOEM’s issuance of the 

existing lease) and the No Action 

Alternative (requiring BOEM to rescind 

lease issuance). BOEM has decided to 

select the Proposed Action Alternative. 

ADDRESSES: The ROD and associated 

information are available on BOEM’s 

Web site at https://www.boem.gov/ 

Massachusetts-Cape-Wind/. 

FOR FURTHER INFORMATION CONTACT: For 

more information on the ROD, you may 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
45608 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 

contact Mr. James Bennett, Program 

Manager, Office of Renewable Energy 

Programs, by telephone at 703–787– 

1300 or by email at james.bennett@

boem.gov. 

SUPPLEMENTARY INFORMATION: On July 5, 

2016, the U.S. Court of Appeals for the 

District of Columbia Circuit vacated the 

2009 Cape Wind Energy Project Final 

EIS and ordered that BOEM: 

‘‘supplement [the EIS] with adequate 

geological surveys before Cape Wind 

may begin construction.’’ Public 

Employees for Environmental 

Responsibility v. Hopper, 827 F.3d 1077, 

1084 (D.C. Cir. 2016). The Court opined 

that: ‘‘[w]ithout adequate geological 

surveys, the [BOEM] cannot ‘ensure that 

the seafloor [will be] able to support’ 

wind turbines.’’ Id. at 1083. While the 

Court found that: ‘‘[BOEM] therefore 

had violated NEPA (National 

Environmental Policy Act)’’ the Court 

noted that ‘‘. . . [it] does not necessarily 

mean that the project must be halted or 

that Cape Wind must redo the 

regulatory approval process.’’ Id. at 

1083–4. The Court explicitly left 

undisturbed BOEM’s 2010 decision to 

issue the lease and BOEM’s 2011 

decision to approve the Construction 

and Operations Plan (COP). Id. at 1084. 

In light of the remand order and the 

remaining valid lease and COP, only 

two alternatives remain relevant to the 

court’s remand: The Proposed Action 

(affirming BOEM’s issuance of the 

existing lease) and the No Action 

Alternative (BOEM rescinding the 

lease). In its Final SEIS, BOEM 

examines the available geological survey 

data, including the geotechnical data 

and reports submitted to BOEM since 

the 2009 Final EIS, any other relevant 

data that relates to the adequacy of the 

seafloor to support wind turbines in the 

lease area, and considers public 

comments. 

On March 31, 2017, BOEM published 

the Draft SEIS, in response to the 

Court’s 2016 remand order discussed 

above, and a NOA in the Federal 

Register to announce the availability of 

the Draft SEIS and initiate a 45-day 

public comment period (82 FR 16060). 

Comments received can be found at 

http://www.regulations.gov by searching 

for docket ID BOEM–2017–0008. The 

Final SEIS addressed comments 

received by BOEM in response to the 

Draft SEIS during the 45-day comment 

period. On August 4, 2017 (82 FR 

36418), BOEM published a NOA 

announcing the availability of the Final 

SEIS in the Federal Register. The Final 

SEIS can be found on BOEM’s Web site 

at: https://www.boem.gov/ 

Massachusetts-Cape-Wind/. 

Authority: This notice is published 

pursuant to the regulations (40 CFR part 

1506.6(b)) implementing the provisions of 

the National Environmental Policy Act of 

1969, as amended (42 U.S.C. 4321 et seq.). 

Dated: September 26, 2017. 

Walter D. Cruickshank, 

Acting Director, Bureau of Ocean Energy 

Management. 

[FR Doc. 2017–20936 Filed 9–28–17; 8:45 am] 

BILLING CODE 4310–MR–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1054] 

Certain Height-Adjustable Desk 

Platforms and Components Thereof; 

Commission’s Determination Not To 

Review an Initial Determination 

Terminating the Investigation Based 

on Settlement; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review the presiding administrative law 

judge’s (‘‘ALJ’’) initial determination 

(‘‘ID’’) (Order No. 10) terminating the 

investigation based on settlement. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Pitcher Fisherow, Esq., Office 

of the General Counsel, U.S. 

International Trade Commission, 500 E 

Street SW., Washington, DC 20436, 

telephone (202) 205–2737. Copies of 

non-confidential documents filed in 

connection with this investigation are or 

will be 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., Washington, DC 20436, 

telephone (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. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on May 4, 2017 based on a complaint, 

filed on behalf of Varidesk LLC of 

Coppell, Texas (‘‘complainant’’). 82 FR 

20919–20 (May 4, 2017). The complaint 

as supplemented 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 U.S. Patent No. 

9,113,703; U.S. Patent No. 9,277,809; 

and U.S. Patent No. 9,554,644. The 

complaint further alleges that an 

industry in the United States exists as 

required by section 337. The 

Commission’s notice of investigation 

named Lumi Legend Corporation of 

Ningbo, China; Innovative Office 

Products LLC of Easton, Pennsylvania; 

Ergotech Group LLC of Easton, 

Pennsylvania; Monoprice, Inc. of 

Rancho Cucamonga, California; and 

Transform Partners LLC (dba Mount-It!) 

of San Diego, California (collectively 

‘‘the Lumi Legend respondents’’); 

Loctek Ergonomic Technology 

Corporation (formerly, Ningbo Loctek 

Visual Technology Corporation of 

Ningbo, China) of Ningbo, China; 

Zhejiang Loctek Smart Drive 

Technology Co., Ltd. of Ningbo, China; 

and Loctek Inc.’s (formerly, Zoxou, Inc. 

of Fremont, California) of Fremont, 

California (collectively herein, ‘‘Loctek 

respondents’’). The Office of Unfair 

Import Investigations did not participate 

in the investigation. The Lumi Legend 

respondents were previously terminated 

based on settlement. Order No. 5 

(unreviewed, Commission Notice (July 

11, 2017)). 

On August 29, 2017, complainant and 

the Loctek respondents filed a joint 

motion to terminate the Locktek 

respondents based on settlement. The 

motion asserted that there are no other 

agreements between complainant and 

the Loctek respondents. The parties 

represented ‘‘there are no other 

agreements, written or oral, express or 

implied, between these parties 

concerning the subject matter of the 

Investigation.’’ Motion at 1. 

On August 31, 2017, the ALJ issued 

an ID (Order No. 10) terminating the 

investigation based on settlement of the 

Loctek respondents. The ALJ found that 

all of the requirements of Commission 

rule 210.21, 19 CFR 210.21, had been 

met and that there were no public 

interest concerns that would weigh 

against termination. No petitions for 

review were filed. 

The Commission has determined not 

to review the subject ID and terminates 

the investigation. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in part 

210 of the Commission’s Rules of 


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