[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40444-40445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16049]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0058]


Withdrawal of an Environmental Assessment and Finding of No 
Significant Impact for High Pathogenicity Avian Influenza Control in 
Commercial Poultry Operations--A National Approach

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we are withdrawing a final 
environmental assessment and finding of no significant impact that the 
Animal and Plant Health Inspection Service prepared under the National 
Environmental Policy Act relative to a national approach for the 
control of highly pathogenic avian influenza outbreaks within the 
United States. We are withdrawing the final environmental assessment 
and the associated finding of no significant impact pending further 
evaluation.

FOR FURTHER INFORMATION CONTACT: Ms. Lori Miller, PE, Senior Staff 
Officer and Environmental Engineer, APHIS Veterinary Services, 4700 
River Road, Unit 41, Riverdale, MD 20737; (301) 851-3512.

SUPPLEMENTARY INFORMATION: Highly pathogenic avian influenza (HPAI) is 
an infectious and often fatal disease of poultry. In December 2014, two 
mixed-origin H5 viruses of HPAI were discovered in the United States. 
These viruses were subsequently detected in both migratory waterfowl 
and domestic poultry and affected domestic poultry production within 
the United States.
    On February 9, 2016, the Animal and Plant Health Inspection Service 
(APHIS) published a notice in the Federal Register (81 FR 6828, Docket 
No.

[[Page 40445]]

APHIS-2015-0058) \1\ announcing the availability of a December 2015 
final environmental assessment (EA), entitled ``High Pathogenicity 
Avian Influenza Control in Commercial Poultry Operations--A National 
Approach,'' (2015 HPAI EA) and a finding of no significant impact 
(FONSI) relative to a national approach for the control of HPAI 
outbreaks within the United States. The 2015 HPAI EA recommended, and 
the FONSI selected, an alternative in which APHIS used its centralized 
management of carcass disposal activities to ensure consistency in 
responses to HPAI outbreaks throughout the United States. Under this 
alternative, APHIS provided information and other support to State and 
local authorities to help them determine which depopulation, disposal, 
and cleaning and disinfection methods were most appropriate for the 
situation.
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    \1\ To view the notice and supporting documents, go to 
www.regulations.gov and enter APHIS-2015-0058 in the Search field.
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    According to the 2015 HPAI EA, ``[g]iven the magnitude of the HPAI 
poultry incidents during spring 2015, APHIS want[ed] to ensure adequate 
preparation for subsequent incidents in poultry.'' \2\ Therefore, the 
2015 HPAI EA was prepared ``to address the potential impacts of 
continuing to provide assistance with establishing and enforcing HPAI 
quarantines and conducting bird flu control activities as outbreaks 
occur across the nation.'' \3\
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    \2\ USDA APHIS, High Pathogenicity Avian Influenza Control in 
Commercial Poultry Operations--A National Approach (Dec. 2015) on 
p.7.
    \3\ Id.
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    In the intervening years since APHIS issued the 2015 HPAI EA and 
FONSI, circumstances have changed. First, the 2014/2015 HPAI outbreak 
ended in approximately August 2016 and there has not been an HPAI 
outbreak of that scale or magnitude in the United States since that 
time. Second, avian influenza outbreaks involving HPAI that have 
occurred in the United States in the interim have been more localized. 
In one instance, APHIS elected to prepare a site-specific EA and FONSI. 
Third, APHIS issued the Record of Decision for the Carcass Management 
During a Mass Animal Health Emergency Final Programmatic Environmental 
Impact Statement (PEIS) on March 17, 2016, after finalizing the 2015 
HPAI EA and FONSI. The PEIS provides an analysis of the environmental 
effects associated with various carcass management options during a 
mass animal health emergency. An HPAI outbreak necessitating the 
depopulation of flocks and the subsequent disposal of large amounts of 
poultry carcasses could qualify as an animal health emergency and as 
such, the analysis in the PEIS is relevant and addresses some of the 
same issues addressed in the 2015 HPAI EA and FONSI. Finally, fourth, 
APHIS reviewed its 2015 HPAI EA and FONSI. Through its review of the 
2015 HPAI EA and FONSI, APHIS acknowledges that the documents could 
benefit from more extensive analysis. Additionally, because there is no 
current HPAI outbreak, the 2015 HPAI EA and FONSI serve no function at 
present. Withdrawal of the 2015 HPAI EA and FONSI will not hamper 
APHIS' ability to respond to an outbreak in the future.
    Based on the analysis above, pending further evaluation, we are 
withdrawing the December 2015 final EA and the FONSI associated with 
the notice published on February 9, 2016.

    Done in Washington, DC, this 22nd day of July 2021.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-16049 Filed 7-27-21; 8:45 am]
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