[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 57923-57924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18185]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2022-0031]


Notice of Availability of a Draft Supplemental Environmental 
Assessment and Draft Finding of No Significant Impact for Emergency 
Response for Highly Pathogenic Avian Influenza Outbreaks in the United 
States Migratory Bird Flyways

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability.

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SUMMARY: We are advising the public that a draft supplemental 
environmental assessment (EA) and draft finding of no significant 
impact (FONSI) have been prepared by the Animal and Plant Health 
Inspection Service relative to our emergency response activities to 
highly pathogenic avian influenza outbreaks in commercial and backyard 
poultry operations located in the four migratory bird flyways in the 
United States. This draft EA supplements the initial EA and FONSI we 
published in September 2022, which evaluated the environmental impacts 
associated with the first seven States where highly pathogenic avian 
influenza outbreaks occurred. We are making this draft supplemental EA 
and draft FONSI simultaneously available to the public for review and 
comment.

DATES: We will consider all comments that we receive on or before 
September 25, 2023.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2022-0031 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-2022-0031, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    The draft supplemental EA, draft FONSI, 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

[[Page 57924]]

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: Ms. Chelsea Bare, Chief of Staff, 
Veterinary Services, APHIS, U.S. Department of Agriculture, 1400 
Independence Avenue SW, Whitten Building Room 318-E, Washington, DC 
20250; (515) 337-6128; [email protected].

SUPPLEMENTARY INFORMATION: Under the Animal Health Protection Act 
(AHPA) (7 U.S.C. 8301-8322) 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 eradicating such diseases within the United States 
when feasible. This authority has been delegated to the United States 
Department of Agriculture (USDA), Animal and Plant Health Inspection 
Service (APHIS), Veterinary Services (VS).
    Highly pathogenic avian influenza (HPAI) virus is one such disease 
of livestock. HPAI is extremely infectious and often fatal to 
poultry.\1\ Avian influenza (AI) viruses may circulate freely in wild 
bird populations without the birds appearing sick. As these birds 
migrate, they carry HPAI and other AI viruses with them and may 
subsequently transmit AI to domestic birds. HPAI can rapidly spread 
within and between domestic poultry flocks and wild bird (especially 
waterfowl) populations. Because birds infected with HPAI become a 
source of disease to additional poultry and wild birds, it is APHIS' 
objective to stamp out HPAI as rapidly as possible at locations where 
it has been found. Preventing the entry of diseased birds and eggs into 
the United States, monitoring AI in migratory birds, identifying AI 
strains occurring primarily in migratory waterbird species, as well as 
backyard and commercial poultry flocks, and stamping out HPAI as it 
arises in domestic poultry is important for the long-term maintenance 
of disease-free United States poultry stocks.
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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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    On February 8, 2022, the HPAI H5N1 (AI strain) virus subtype was 
detected in a commercial turkey flock in Indiana. By February 24, 2022, 
H5N1 had been detected in commercial poultry facilities and backyard 
flocks in seven States (Indiana, Kentucky, Virginia, New York, Maine, 
Delaware, and Michigan). Due to the emergency situation and in 
accordance with 7 CFR 372.10 of APHIS' National Environmental Policy 
Act (NEPA) Implementing Procedures, APHIS published a draft 
environmental assessment (EA) and draft finding of no significant 
impact (FONSI) in April 2022 to allow VS to carry out emergency 
response activities as a result of HPAI outbreaks in the aforementioned 
seven States at the start of 2022. A final EA titled ``Emergency 
Response for HPAI Outbreaks in Seven States'' and final FONSI were 
published in September 2022.\2\
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    \2\ 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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    Since the preparation and publication of the final EA and final 
FONSI for the initial seven States, HPAI outbreaks have continued to 
occur across the United States. Within 15 months, the virus was 
confirmed in 325 commercial and 507 backyard flocks, affecting 
approximately 59 million birds in 47 States.\3\ As HPAI outbreaks have 
been stamped out, new outbreaks emerge and are likely to continue with 
seasonal (i.e., spring and fall) bird migrations. For this reason, 
APHIS prepared a supplemental EA to cover VS' HPAI emergency outbreak 
response activities in the four North American migratory bird flyways 
(i.e., the Atlantic, Mississippi, Central, and Pacific Flyways). APHIS' 
review and analysis of the potential environmental impacts associated 
with VS' HPAI emergency outbreak response activities for additional 
outbreaks in commercial and backyard poultry operations in the four 
North American migratory bird flyways are documented in detail in the 
draft supplemental EA titled ``Emergency Response for Highly Pathogenic 
Avian Influenza Outbreaks in the United States Migratory Bird 
Flyways.''
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    \3\ Current HPAI outbreak data can be accessed at APHIS' website 
at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian/avian-influenza/2022-hpai.
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    The draft supplemental EA presents the purpose and need for the 
action, a description of the affected environment, and an analysis of 
potential environmental impacts of the No Action and Proposed Action 
(Preferred) Alternatives. The two alternatives considered in the 
supplemental EA meet the purpose and need for VS to carry out its goal 
to stamp out HPAI as quickly as possible.
    Potential direct and indirect effects on the environment are 
evaluated under each alternative. The potential environmental impacts 
on the following resources are considered in the draft supplemental EA: 
Soil, air, and water quality; humans (including effects on health and 
safety; 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. The draft supplemental EA also 
considers cumulative impacts from other past, present, and reasonably 
foreseeable future related actions.
    Based on the draft supplemental EA, APHIS has concluded that the 
Proposed Action Alternative will not have a significant impact on the 
quality of the human environment and a draft FONSI is appropriate with 
respect to the proposed action. After the public comment period ends, 
we will consider all comments received, revise the draft supplemental 
EA to address these comments, as appropriate, and publish a final NEPA 
document and decision.
    The draft supplemental EA was prepared in accordance with: (1) the 
National Environmental Policy Act of 1969 \4\ (42 U.S.C. 4321 et seq.), 
(2) the Council on Environmental Quality's NEPA Implementing 
Regulations (40 CFR parts 1500-1508) in 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).
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    \4\ The Fiscal Responsibility Act of 2023 (Pub. L. 118-5), which 
became effective on June 3, 2023, amended the National Environmental 
Policy Act. The draft final EA and FONSI described in this notice 
were prepared before the effective date of the Fiscal Responsibility 
Act of 2023 and reflect the requirements of the National 
Environmental Policy Act before June 3, 2023.

    Done in Washington, DC, this 18th day of August 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-18185 Filed 8-23-23; 8:45 am]
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