[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Notices]
[Pages 2877-2879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00884]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / 
Notices  

[[Page 2877]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2022-0055]


Notice of Intent To Prepare an Environmental Impact Statement for 
Highly Pathogenic Avian Influenza Control in the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: We are announcing to the public that the Animal and Plant 
Health Inspection Service (APHIS) intends to prepare an environmental 
impact statement (EIS) to examine the potential environmental effects 
of the Agency's response activities to highly pathogenic avian 
influenza outbreaks in commercial and backyard poultry operations in 
the United States. APHIS is requesting public comment to further define 
the scope of the EIS, identify reasonable alternatives and potential 
issues, as well as relevant information, studies, and/or analyses that 
APHIS should consider in the EIS.

DATES: We will consider all comments that we receive on or before 
February 17, 2023.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2022-0055 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2022-0055, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Commenters should not include any information in their 
comments or supporting materials that they consider confidential or 
inappropriate for public disclosure.
    Supporting documents and any comments we receive on this docket may 
be viewed at www.regulations.gov or in our reading room, located in 
room 1620 of the USDA South Building, 14th Street and Independence 
Avenue SW, Washington, DC 20250. Normal reading room hours are 8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays. To be sure 
someone is there to help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: For questions related to the HPAI 
response activities, contact Ms. Chelsea Bare, Chief of Staff, 
Veterinary Services, APHIS, USDA, 1400 Independence Avenue SW, Whitten 
Building Room 318-E, Washington, DC 20250; (515) 337-6128; email: 
[email protected]. For questions related to the EIS, contact Ms. 
Samantha Bates, Environmental Protection Specialist, Environmental and 
Risk Analysis Services, PPD, APHIS, 4700 River Road Unit 149, 
Riverdale, MD 20737; (301) 851-3053; email: [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

    Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the 
Secretary of Agriculture is authorized to protect the health of 
livestock, poultry, and aquaculture populations in the United States by 
preventing the introduction and interstate spread of serious diseases 
and pests of livestock, poultry, and aquaculture, and for eradicating 
such diseases within the United States when feasible. This authority 
has been delegated to the U.S. Department of Agriculture's (USDA's) 
Animal and Plant Health Inspection Service (APHIS), Veterinary Services 
(VS).
    Highly pathogenic avian influenza (HPAI) is an extremely infectious 
disease and mostly fatal to poultry.\1\ HPAI can rapidly spread within 
and between domestic poultry flocks and wild bird (especially 
waterfowl) populations. In February 2004, the first outbreak of HPAI in 
the United States in 20 years occurred in Texas. From December 2014 
until June 2015, there were more than 200 outbreaks of HPAI, affecting 
commercial and backyard flocks in the central and northwestern United 
States. Additional outbreaks occurred in Indiana beginning in January 
2016, in Tennessee in March 2017, and in South Carolina in April 2020. 
In February 2022, HPAI was detected in a commercial turkey flock in 
Indiana. Within 9 months, the virus was confirmed in 266 commercial and 
360 backyard flocks in 46 States.
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    \1\ Domestic poultry that can be affected include chickens; 
turkeys; ring-necked pheasants; ducks; geese; common, Japanese, or 
bobwhite quail; Indian peafowl; chukar or grey partridge; pigeons; 
ostrich; and guinea fowl.
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    VS works closely with States and the poultry industry to prevent 
HPAI from becoming established in the U.S. poultry population. Keeping 
the nation's poultry free from HPAI helps protect the poultry industry, 
farmers' livelihoods, the availability of poultry for U.S. consumers, 
international trade, the health of wild birds, and the health of people 
who are in close, regular contact with birds (note that the risk of 
HPAI infections in humans is low).
    APHIS is planning to prepare an environmental impact statement 
(EIS) to examine the potential environmental effects of its HPAI 
outbreak response activities in commercial and backyard poultry 
operations in the United States. The EIS findings will be used in VS 
planning and decision making, as well as to inform the public about the 
potential environmental effects of VS' HPAI outbreak response 
activities. When HPAI outbreak response activities are implemented at 
specific locations, site-specific environmental documents may be 
required. If such documents are needed, APHIS may refer to information 
presented in the EIS in order to promptly fulfill its environmental 
compliance obligations during an emergency.
    We are requesting public comment to help us identify reasonable 
alternatives, potential environmental effects, and any other issues 
APHIS could examine in the EIS. The EIS will be prepared in accordance 
with: (1) the National Environmental Policy Act (NEPA) of 1969, as 
amended (42 U.S.C. 4321 et seq.), (2) the Council on Environmental 
Quality's NEPA-implementing regulations (40 CFR parts 1500-1508) in

[[Page 2878]]

effect as of the date of this notice, (3) USDA's NEPA-implementing 
regulations (7 CFR part 1b), and (4) APHIS' NEPA-Implementing 
Procedures (7 CFR part 372).
    On February 9, 2016, APHIS published a notice in the Federal 
Register (81 FR 6828, Docket No. APHIS-2015-0058) \2\ announcing the 
availability of a December 2015 final environmental assessment (EA) 
titled ``High Pathogenicity Avian Influenza Control in Commercial 
Poultry Operations--A National Approach'' and a finding of no 
significant impact (FONSI). APHIS withdrew the EA and FONSI on July 28, 
2021 (86 FR 40444-40445, Docket No. APHIS-2015-0058). In that 
withdrawal, we indicated that further evaluation of the approach was 
warranted in light of then-changing circumstances related to HPAI in 
the United States. APHIS published a draft EA in April 2022 to allow VS 
to carry out emergency HPAI outbreak response activities as a result of 
HPAI outbreaks in seven States at the start of 2022. A final 
environmental assessment for an Emergency Response for HPAI Outbreaks 
in Seven States and FONSI were published in September 2022.\3\ As the 
current HPAI outbreak continues, VS is drafting a supplemental NEPA 
document to cover response activities in the other impacted States.
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    \2\ To view the notice and supporting documents as well as 
subsequent related notices and their supporting documents, go to 
www.regulations.gov and enter APHIS-2015-0058 in the Search field.
    \3\ To view the draft EA, final EA, comments, and the FONSI, go 
to www.regulations.gov and enter APHIS-2022-0031 in the Search 
field.
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Proposed Action and Alternatives the EIS Will Consider

    We have identified the following alternatives for further 
examination in the EIS:
    No action alternative. Under the no action alternative, VS would 
conduct nationwide surveillance of commercial and backyard flocks to 
monitor for HPAI, determine whether outbreaks have occurred, monitor 
sites where HPAI has been detected and eradicated, and provide 
technical guidance upon request by an impacted State. VS would also 
provide indemnity (monetary payment made to a livestock owner for 
animal and animal products taken or destroyed to control or eradicate a 
disease) and financial compensation for costs incurred from disposal, 
cleanup, and disinfection under this alternative, as applicable. 
However, States, local authorities, and private partners, not VS, would 
be responsible for conducting and managing HPAI outbreak response 
activities, such as depopulating infected poultry flocks and carcass 
management.\4\
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    \4\ Carcass management encompasses the transportation and 
disposal of carcasses, body parts, and eggs, and the cleanup and 
disinfection of equipment and premises after the carcasses are 
removed from the site. Associated materials such as unconsumed feed, 
bedding, manure, and other potentially contaminated debris/materials 
may be included.
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    Standard procedures alternative. Under the standard procedures 
alternative, VS would conduct all activities as outlined under the no 
action alternative (surveillance, monitoring, guidance, and indemnity 
and compensation). In addition, upon request from a State, APHIS VS' 
assistance could include conducting and managing the following: 
Depopulation of infected poultry flocks (e.g., using water-based foam, 
carbon dioxide (CO2) and other approved gasses, ventilation 
shutdown plus (VSD+) heat or CO2, cervical dislocation, 
decapitation, captive bolt, injectable euthanasia agents, and gunshot); 
carcass management, including transportation, disposal (e.g., 
composting, burial, landfill disposal compliant with the Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.), rendering, 
incineration, open-air burning, alkaline hydrolysis, and/or anaerobic 
digestion); and cleaning and disinfection of equipment and infected 
premises. HPAI outbreak response methods would be used either singly or 
in combination.
    Adaptive management alternative. Under the adaptive management 
alternative, the proposed action, VS could use all available HPAI 
outbreak response methods from the standard procedures alternative, 
plus any new HPAI outbreak response methods or other existing methods 
not previously listed that become more useful due to changes in 
technology or in outbreak scenarios, as long as the technology is 
analyzed prior to use within a separate risk assessment and considered 
and discussed within a site-specific environmental assessment. If the 
risk assessment indicates that the risks to human health and the 
environment from the proposed outbreak response method are equal to, or 
less than, the risks associated with the outbreak response methods in 
the no action or standard procedures alternatives, the proposed 
nonstandard HPAI outbreak response method may be used. HPAI outbreak 
response methods could be used either singly or in combination.
    VS recognizes that the use of a nonstandard HPAI outbreak response 
method would be rare, if at all. However, it is impossible to consider 
all nonstandard technologies that currently exist or will exist in the 
future. The technologies for these nonstandard outbreak response 
methods have several logistical issues to overcome before VS could 
consider their use. For example, some nonstandard HPAI outbreak 
response methods may not be applied in the management of large numbers 
of animals or carcasses, either because the technologies have low 
capacity or low availability. However, should there be a change in the 
efficiency, number, or geographic range of nonstandard technologies, it 
is imperative that decisionmakers have the ability to quickly identify 
these options, analyze resulting risks, and implement the chosen course 
of action for their use, as applicable.

Summary of Potential Impacts

    We have identified the following potential environmental impacts 
for examination in the EIS. We are requesting that the public comment 
on these potential impacts during the scoping period. They are impacts 
on: Soil, air, and water quality; humans (including effects on health 
and safety; agricultural lands; industries and the economy; public 
perception; cultural and historic resources; equity and environmental 
justice; children's health; and Tribes); and wildlife and plant 
populations, especially birds of conservation concern, eagles, and 
threatened and endangered species. Additionally, we request comment on 
the potential impacts of climate change on HPAI outbreak response 
activities, as well as possible impacts of the HPAI outbreak response 
activities on climate change.
    Comments that identify other alternatives or issues that could be 
considered for examination in the EIS would be especially helpful. All 
comments received during the scoping period will be carefully 
considered in developing the final scope of the EIS.

Anticipated Permits and Authorizations

    Various Federal, State, and local authorizations, permits, and 
consultations may be required for the proposed alternative. Anticipated 
permits, authorizations, and consultations may include, but are not 
limited to, the following: USDA permits/authorization for movement of 
materials into or out of control areas, including USDA permits for 
transportation of HPAI-infected poultry carcasses or products off-site; 
State permits for various depopulation, disposal, and clean-up options; 
Tribal consultations; Endangered Species Act section 7 consultation; 
and, if necessary,

[[Page 2879]]

consultation under the National Historic Preservation Act.

Schedule for the Decision-Making Process

    APHIS will consider comments submitted in response to this notice 
of intent (NOI) when analyzing the potential impacts of the proposed 
alternatives for development of the draft EIS. Following completion of 
the draft EIS, APHIS will publish a notice of availability and request 
for public comments. APHIS expects to make the draft EIS available for 
public review and comment by November 2023. After the 45-day public 
review and comment period, APHIS will revise the draft EIS, as 
appropriate, and complete the final EIS. APHIS anticipates that the 
final EIS will be made available to the public by October 30, 2024. A 
record of decision will be issued no sooner than 30 days after the 
final EIS is released in accordance with 40 CFR 1506.11, but no later 
than December 1, 2024.

Public Scoping Process

    This NOI initiates the public scoping process and will help guide 
the analysis. APHIS seeks public comment on this NOI to help identify 
potential alternatives or other issues that could be considered and any 
relevant information, studies or analyses that APHIS should consider in 
evaluating the potential impacts of the proposed alternatives on the 
quality of the human environment. To promote informed NEPA analysis and 
decision making, comments should be as specific as possible and explain 
why the issues raised are important for consideration in the EIS.
    Comments should include, where possible, references and data 
sources supporting the information provided in the comment. We 
encourage the submission of scientific data, studies, or research to 
support your comments and an explanation of why the scientific data, 
study, or research is relevant and important.
    Authority:
    7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

    Done in Washington, DC, this 11th day of January 2023.
Anthony Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-00884 Filed 1-17-23; 8:45 am]
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