54786 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 

1To view the notice, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS–2007–0148. 

will help producers and animal health 

officials respond quickly and effectively 

to animal disease events in the United 

States. The ultimate long-term goal of 

the NAIS is to provide State and Federal 

officials with the capability to identify 

all animals and premises that have had 

direct contact with a disease of concern 

within 48 hours after its discovery. 

On December 19, 2007, we published 

in the Federal Register a notice 1

(Docket No. APHIS–2007–0148, 72 FR 

71871–71873) in which we made 

available for review and comment a 

draft Business Plan to Advance Animal 

Disease Traceability. The Business Plan 

recommended seven strategies and 

options to enable existing State and 

Federal regulated and voluntary animal 

health programs, industry-administered 

management and marketing programs, 

and various identification methods to 

work in harmony with the NAIS, with 

the goal of creating a comprehensive 

animal-disease traceability 

infrastructure in order to facilitate 48- 

hour traceback. 

We solicited comments on the draft 

Business Plan through the NAIS Web 

site (http://animalid.aphis.usda.gov/ 

nais/) for 118 days, through April 15, 

2008. We received 183 comments by 

that date, from national, regional, and 

State industry groups, State departments 

of agriculture, national veterinary 

organizations, the operator of a horse 

racetrack, manufacturers and 

distributors of animal identification 

devices, veterinarians, extension agents, 

university professors, producers, and 

private citizens. In response to the 

comments we received, we have 

modified the draft plan in several 

places: 

• We now specify throughout the 

Business Plan that the long-term focus 

of the NAIS is full traceability within 

the cattle industries (both beef and 

dairy), based on the consistent recording 

of all animal movements. The draft 

Business Plan focused on implementing 

a ‘‘book-end’’ approach, based on 

knowledge of the premises of origin and 

the most recent premises for the animal, 

with fewer references to the recording of 

animal movements. 

• We now specify throughout the 

Business Plan that, while all producers 

can benefit from choosing to participate 

in national animal health safeguarding 

efforts, NAIS standards apply to the 

administration of disease programs. 

• We now separate out 

implementation strategies for the sheep 

industry from those for the goat industry 

to reflect that they are separate and 

distinct industries and species. 

• We have added an explanation of 

how NAIS participation provides 

producers with options for meeting 

forthcoming country of origin labeling 

requirements. 

• We now explain future plans for 

requiring radio frequency identification 

(commonly referred to as RFID) of 

animals destined for import and export 

when such animals are subject to 

individual identification. 

• We have added a formal 

acknowledgement of the importance of 

official brands, and a clarification that 

the NAIS is not in conflict with, or a 

replacement for, existing brand 

programs. 

• We have updated the budget for the 

NAIS to reflect the allocation for fiscal 

year 2008, have adjusted the 

benchmarks and timelines for 

implementation of animal traceability 

by species and for registration of critical 

location points, and have made other, 

nonsubstantive changes throughout the 

plan. 

It is important to note, however, that 

the final version of the Business Plan 

retains the seven core strategies for 

harmonizing the NAIS with existing 

programs and methods that we outlined 

in our draft Business Plan. 

We are making the final version of the 

Business Plan available on the NAIS 

Web site. Paper copies may be obtained 

by writing to the following address: 

NAIS Program Staff, VS, APHIS, 4700 

River Road Unit 200, Riverdale, MD 

20737. 

Done in Washington, DC, this 17th day of 

September 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–22192 Filed 9–22–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Intent To Prepare an 

Environmental Impact Statement 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Forest Service will 

prepare a Draft Environmental Impact 

Statement (Draft EIS) to evaluate the 

environmental impacts of authorizing 

Leavell-McCombs Joint Venture (LMJV) 

to access 287.5 acres of private property 

surrounded by National Forest System 

land. The Forest Service must provide 

adequate access for the reasonable use 

and enjoyment of private land. LMJV 

intends to construct a resort and other 

facilities known as the Village at Wolf 

Creek on their property, which lies 

entirely within the Wolf Creek Ski Area. 

An alternative that evaluates combining 

the access for both the Village at Wolf 

Creek and the Wolf Creek Ski Area into 

a single grade-separated interchange 

will be analyzed. 

DATES: Comments concerning the scope 

of the analysis must be received by 

October 31, 2008. The draft EIS is 

expected May 2009; the final EIS is 

expected December 2009. 

ADDRESSES: Send written comments to 

Wolf Creek Access EIS, C/O Content 

Analysis Group, 1584 South 500 West, 

Suite 202, Woods Cross, UT, 84010, or 

wolfcreek@contentanalysisgroup.com. 

Fax: 801–397–5628. Electronic copies of 

the scoping packet will be available on 

the World Wide Web at http:// 

www.fs.fed.us/r2/riogrande/projects/ 

forcomment/index.shtml. 

FOR FURTHER INFORMATION CONTACT: 

Becky Bryan, Wolf Creek Access Project 

Leader, 401 Fairgrounds Road, Rolla, 

MO 65401. 

SUPPLEMENTARY INFORMATION: LMJV 

acquired 300 acres surrounded by 

National Forest System lands within the 

Wolf Creek Ski Area (Ski Area) 

boundary in a land-for-land exchange 

with the Forest Service in 1987. 

Subsequently, LMJV transferred 12.5 

acres of that parcel to the Wolf Creek 

Ski Corporation for the development of 

new ski lifts and ski trails. Mineral 

County Board of County 

Commissioners, the regulatory authority 

on private property development, 

approved LMJV’s Final Planned Use 

Development (PUD) for a year-round 

resort village, known as the Village at 

Wolf Creek, on the remaining 287.5 

acres in 2004. A lawsuit challenging the 

PUD resulted in the following court 

order: ‘‘[We] conclude that [the state 

statute] requires at a minimum yeararound wheeled vehicle access between 

State Highway 160 and the Village.’’ 

Wolf Creek Ski Corp. v. Board of County 

Com’rs of Mineral County, 170 P.3d 821, 

830 (Colo.App. 2007). The result of the 

state court litigation was to void the 

county approval of LMJV’s PUD. While 

no PUD is currently in effect, the Forest 

Service takes note that the state court 

litigation upheld the PUD on all issues 

other than access. 

In March 2006, Forest Supervisor 

Peter Clark (retired), of the Rio Grande 

National Forest (RGNF) signed a Record 

of Decision (ROD) and issued a Final 

Environmental Impact Statement (Final 

EIS) for the Application for the 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 54787 

Transportation and Utilities Systems 

and Facilities for the Village at Wolf 

Creek. A lawsuit was filed against the 

U.S. Forest Service, challenging the 

2006 ROD and Final EIS. All parties 

involved reached a settlement 

agreement on February 19, 2008 to 

resolve the litigation in which the Forest 

Service agreed to withdraw the 2006 

ROD and initiate a new scoping process 

and preparation of a new draft and final 

EIS in connection with LMJV’s 

application. In June 2008, LMJV 

submitted an amended Application for 

Transportation and Utility Systems and 

Facilities on Federal Lands 

(application). This NOI initiates the new 

EIS preparation. 

Purpose and Need for Action 

The purpose of this action is to 

provide safe and efficient road access 

compatible with Ski Area operations to 

the private property surrounded by NFS 

lands. This action is needed to meet the 

mandate of the Alaska National Interest 

Lands Conservation Act (ANILCA) (Pub. 

L. 96–487) to provide access to private 

land. Section 1323(a) of ANILCA 

provides that the Forest Service must 

grant access across federal lands as the 

Forest Service deems adequate to secure 

the owners the reasonable use and 

enjoyment of their land, subject to 

Forest Service rules and regulations. 

However, the Forest Service does not 

have regulatory authority over the 

density of development on the private 

land and any parcel of private land 

surrounded by Forest Service land 

could have a range of reasonable uses. 

The Forest Service does not decide 

which use of the private property within 

the range of reasonable uses will be 

allowed. However, the Forest Service 

must provide access over National 

Forest System lands that are adequate to 

allow use and enjoyment of the private 

property within that range of reasonable 

uses. 

A key purpose for the 1987 land 

exchange decision was to provide for 

private land to be developed for 

residential and commercial uses in a 

manner that would complement the ski 

area. Based on the previously referenced 

State of Colorado appellate court ruling, 

Mineral County could not approve 

subdivision of the Village property for 

purposes of residential and commercial 

development without ‘‘year-around 

wheeled vehicle’’ access. Therefore, the 

Forest Service concludes that ANILCA 

requires it to grant ‘‘year-around 

wheeled vehicle access’’ so that LMJV 

may use its property for residential and 

commercial purposes as contemplated 

by the 1987 land exchange. This 

conclusion does not prejudge the 

density of development that Mineral 

County may approve. 

Proposed Action 

The Proposed Action is to authorize 

the construction and use of a safe and 

efficient road, approximately 1,650 feet 

in length, across NFS land to provide 

‘‘year-around wheeled vehicle access’’ 

to LMJV for their reasonable use and 

enjoyment of the proporty. The proposal 

includes authorization of rights-of-way 

adjacent to the access road for the 

installation of utilities to service the 

Village property. 

Possible Alternatives 

In addition to the Proposed Action 

and No Action Alternative, where the 

access road and Village at Wolf Creek 

would not be constructed, one 

alternative being considered would 

combine the LMJV Village at Wolf Creek 

access and Wolf Creek Ski Area access 

into one integrated access using a single 

grade-separated interchange access 

point from U.S. Highway 160. 

Lead and Cooperating Agencies 

The Forest Service is the lead agency. 

Cooperating agencies may include 

Colorado Department of Transportation 

(CDOT), Army Corps of Engineers 

(ACOE), Mineral County, U.S. Fish & 

Wildlife Service, Colorado Public 

Utilities Commission, Environmental 

Protection Agency, Colorado Division of 

Water Resources, Colorado Department 

of Health and Environmental Resources, 

and Colorado Water Conservation 

Board. 

Responsible Official 

Dan S. Dallas, Forest Supervisor of the 

Rio Grande National Forest, 1803 West 

Hwy 160, Monte Vista, CO 81144. 

Nature of Decision To Be Made 

Access must be granted to private 

inholdings in accordance with ANILCA, 

so the decision is not whether to grant 

access. The decisions to be made are: (1) 

The means, mode, and route of safe and 

efficient access across NFS lands that is 

adequate for the Applicant to exercise 

the reasonable use and enjoyment of the 

private property; and (2) whether to 

authorize rights-of-way for utility 

facilities across NFS lands, and if so, the 

location and specifications of such 

rights-of-way. 

Open House Scoping Meetings 

The public is invited to attend any of 

three open house scoping meetings to 

obtain more information and provide 

written comment about the project. Each 

open house scoping meeting will begin 

at 5 p.m. and end at 7:30 p.m. Dates and 

locations for the open house scoping 

meetings are: 

October 7—Creede Mining Museum, 

503 Forest Service Road 9, Creede, CO 

81130. 

October 8—Rio Grande County 

Annex, 965 6th St., Del Norte, CO 

81132. 

October 9—Pagosa Springs 

Community Building, 451 Hot Springs 

Blvd., Pagosa Springs, CO 81147. 

Preliminary Issues 

Preliminary issues, which will be 

refined from this public involvement 

and analysis process, include (1) 

Compatibility with the Wolf Creek Ski 

Area operations, (2) public safety 

associated with the traffic levels at U.S. 

Highway 160 intersection, (3) public 

access to Alberta Park Reservoir, and (4) 

potential impacts to wetlands and fens. 

Permits or Licenses Required 

LMJV will need to obtain a Highway 

Access Permit from Colorado 

Department of Transportation. LMJV 

may also need to obtain an individual 

404 permit from the Army Corps of 

Engineers. 

Comment Requested 

This notice of intent initiates the 

scoping process which guides the 

development of the environmental 

impact statement. To assist the Forest 

Service in identifying and considering 

issues and concerns on the proposed 

action, comments on the proposed 

action should be as specific as possible. 

In addition, the Forest Service 

welcomes comments on the alternative 

of a single grade-separated interchange 

access point from U.S. Highway 160 for 

both the Wolf Creek Ski Area and 

Village at Wolf Creek. 

Importance of Public Participation in 

This and Subsequent Environmental 

Review 

It is important that reviewers provide 

their comments at such times and in 

such a way that they are useful to the 

Agency’s preparation of the EIS. 

Therefore, comments should be 

provided prior to the close of the 

comment period and should clearly 

articulate the reviewer’s concerns and 

contentions. The submission of timely 

and specific comments can affect a 

reviewer’s ability to participate in 

subsequent administrative review or 

judicial review. 

Comments received in response to 

this solicitation, including names and 

addresses of those who comment, will 

be part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 


jlentini on PROD1PC65 with NOTICES
54788 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 

considered; however, anonymous 

comments will not provide the 

respondent with standing to participate 

in subsequent administrative review or 

judicial review. 

Authority: 40 CFR 1501.7 and 1508.22, 36 

CFR 220.5(b) and Forest Service Handbook 

1909.15, Section 21. 

Dated: September 11, 2008. 

Dan S. Dallas, 

Forest Supervisor. 

[FR Doc. E8–22150 Filed 9–22–08; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–802] 

Frozen Warmwater Shrimp from the 

Socialist Republic of Vietnam: 

Extension of Time Limit for the 

Preliminary Results of the New Shipper 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: April 4, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Emeka Chukwudebe, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–0219. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 4, 2008 the Department 

published a notice of initiation of the 

new shipper review of certain frozen 

warmwater shrimp from the Socialist 

Republic of Vietnam covering the period 

February 1, 2007 through January 1, 

2008. See Frozen Warmwater Shrimp 

from the Socialist Republic of Vietnam: 

Initiation of Antidumping Duty New 

Shipper Review, 73 FR 18510 (April 4, 

2008). The preliminary results of this 

new shipper review are currently due 

no later than September 22, 2008. 

Statutory Time Limits 

Section 751(a)(2)(B)(iv) of the Tariff 

Act of 1930, as amended (the ‘‘Act’’), 

provides that the Department will issue 

the preliminary results of a new shipper 

review of an antidumping duty order 

within 180 days after the day on which 

the review was initiated. See also 19 

CFR 351.214 (i)(1). The Act further 

provides that the Department may 

extend that 180-day period to 300 days 

if it determines that the case is 

extraordinarily complicated. See 19 CFR 

351.214 (i)(2). 

Extension of Time Limit of Preliminary 

Results 

The Department determines that this 

new shipper review involves 

extraordinarily complicated 

methodological issues regarding the use 

of an intermediate input methodology, 

potential affiliation issues, the 

examination of importer information 

and the evaluation of the bona fide 

nature of company sales. Therefore, in 

accordance with section 751(a)(2)(B)(iv) 

of the Act and 19 CFR 351.214(i)(2), the 

Department is extending the time limit 

for these preliminary results by 120 

days, until no later than January 20, 

2009. The final result continues to be 

due 90 days after the publication of the 

preliminary result. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(2)(B)(iv) and 777(i) of the Act. 

Dated: September 17, 2008. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E8–22289 Filed 9–22–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

NIST Blue Ribbon Commission on 

Management and Safety 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, 5 U.S.C. app. 

2, notice is hereby given that the NIST 

Blue Ribbon Commission on 

Management and Safety, National 

Institute of Standards and Technology 

(NIST) will meet Monday, October 6, 

from 9 a.m.–4 p.m., in the NIST 

laboratory in Boulder, CO. This notice is 

the second meeting of the Blue Ribbon 

Commission on Management and 

Safety. 

The purpose of this meeting is to 

continue a high level review of NIST’s 

management structure and systems as 

they relate to safety at the Institute. The 

Commission will ultimately provide 

consensus advice to the Department of 

Commerce on whether (a) The training, 

safety, security, and response protocols, 

(b) the implementation of those 

protocols and internal controls, and (c) 

the management structure at NIST are 

appropriate to ensure safe operations of 

all NIST programs. The agenda for this 

meeting will focus on NIST safety and 

management structure at the Boulder 

laboratories. The agenda may change to 

accommodate Commission business. 

The final agenda will be posted on the 

NIST Web site at http://www.nist.gov/ 

director/blueribbon/index.html. 

DATES: The meeting will convene on 

October 6, 2008 at 9 a.m., and will 

adjourn at 4 p.m. 

ADDRESSES: The meeting will be held in 

Building 1, Room 1103/1105, at the 

National Institute of Standards and 

Technology, Boulder, Colorado 80305. 

To enable NIST to make arrangements 

to admit visitors to the NIST campus, 

anyone wishing to attend this meeting 

should submit name, e-mail address and 

phone number to Mary Lou Norris 

(marylou.norris@nist.gov) no later than 

October 2, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Mary Lou Norris, National Institute of 

Standards and Technology, Building 

101, MS 1071, 100 Bureau Drive, 

Gaithersburg, MD 20899; telephone: 

(301) 975–2002; e-mail: 

marylou.norris@nist.gov. 

Dated: September 18, 2008. 

Patrick D. Gallagher, 

Deputy Director. 

[FR Doc. E8–22351 Filed 9–19–08; 11:15 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Availability of Seats for the Monterey 

Bay National Marine Sanctuary 

Advisory Council 

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration, 

Department of Commerce (DOC). 

ACTION: Notice and request for 

applications. 

SUMMARY: The Monterey Bay National 

Marine Sanctuary (MBNMS or 

Sanctuary) is seeking applicants for the 

Tourism alternate on its Sanctuary 

Advisory Council. Applicants chosen as 

the Tourism alternate should expect to 

serve until February 2011. Applicants 

are chosen based upon their particular 

expertise and experience in relation to 

the alternate position for which they are 

applying; community and professional 

affiliations; philosophy regarding the 

protection and management of marine 

resources; and possibly the length of 


jlentini on PROD1PC65 with NOTICES