[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66668-66669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18156]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 /
Notices
[[Page 66668]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2022-0055]
Notice of Availability of a Draft Programmatic Environmental
Impact Statement for Outbreak Response Activities for Highly Pathogenic
Avian Influenza Outbreaks in Poultry in the United States and U.S.
Territories
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 programmatic
environmental impact statement (EIS) has been prepared by the Animal
and Plant Health Inspection Service relative to our response activities
to highly pathogenic avian influenza (HPAI) outbreaks in commercial and
backyard poultry operations located throughout the United States,
including the U.S. territories. The draft EIS analyzes and compares the
potential environmental effects of using three action alternatives
during an HPAI outbreak. We are making this draft programmatic EIS
available to the public for review and comment.
DATES: We will consider all comments that we receive on or before
September 30, 2024.
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.
The draft programmatic EIS 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: 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; [email protected]; (515) 337-6128.
SUPPLEMENTARY INFORMATION: The Secretary of Agriculture is authorized
to protect the health of livestock, including poultry, in the United
States by preventing the introduction and interstate spread of serious
diseases and pests of livestock, and for eradicating such diseases
within the United States when feasible (7 U.S.C. 8301-8322). 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) is one such serious
disease of livestock. In February of 2004, the first outbreak of HPAI
in the United States in 20 years occurred in Texas. Since then, HPAI
outbreaks in poultry have continued to occur across the United States
and impact commercial poultry facilities and backyard flocks.
USDA APHIS VS works closely with States, Tribes, and the poultry
industry to prevent HPAI from becoming established in the U.S. poultry
population. Once established, HPAI rapidly spreads within and between
flocks and can cause severe, painful conditions, including hemorrhaging
and neurologic conditions, widespread organ failure, and high
mortality. Keeping our nation's poultry operations 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
poultry. While HPAI is extremely infectious and fatal in poultry, the
risks from HPAI infections to humans are low.
USDA APHIS VS has prepared a programmatic environmental impact
statement (EIS) to analyze the potential environmental impacts
associated with action alternatives taken during an HPAI outbreak in
poultry. The chosen alternative must (1) detect, control, and contain
HPAI in poultry as quickly as possible; (2) eradicate the HPAI virus
using strategies that protect public health and the environment, and
stabilize animal agriculture, the food supply, and the economy; and (3)
provide science- and risk-based approaches and systems to facilitate
continuity of business for non-infected animals and non-contaminated
animal products. The findings of the programmatic EIS will be used to
support HPAI planning and decision making and enhance the
decisionmakers' ability to protect the environment and human health.
USDA APHIS VS may use information presented in this EIS to promptly
fulfill its National Environmental Policy Act (NEPA) obligations. The
EIS also informs the public about the potential environmental effects
of HPAI outbreak response activities.
The draft programmatic EIS presents the purpose and need for the
action, a description of the affected environment, and an analysis of
potential environmental impacts of three alternative actions: (1) No
Federal Operational Assistance Alternative; (2) Federal Operational
Assistance (No Action) Alternative; and (3) Federal Operational
Assistance with Biosecurity Incentive Alternative (Preferred
Alternative). The three alternatives considered in the programmatic EIS
have been determined reasonable for USDA APHIS VS to carry out its
mission to eradicate HPAI.
Under the No Federal Operational Assistance Alternative, State and
local authorities, Tribes, and poultry owners and producers would be
responsible for depopulating HPAI-infected flocks, disposing of
carcasses and other potentially HPAI-contaminated materials, and
managing any necessary transportation, cleanup and disinfection. USDA
APHIS VS would not be involved in managing, overseeing, and/or actively
implementing any of these operational activities. Upon request from the
States,
[[Page 66669]]
Tribes, or poultry owners and producers, USDA APHIS VS would provide
technical guidance (e.g., recommendations, issuance of guidance
documents) about surveillance testing to owners and producers of
commercial and backyard flocks that are not experiencing signs of
clinical illness to determine if infections of the virus have occurred.
USDA APHIS VS may provide indemnity and/or financial compensation.
Under the Federal Operational Assistance Alternative, USDA APHIS VS
would conduct all activities as described under the No Federal
Operational Assistance Alternative. In addition, upon request from
State, local, or Tribal authorities, USDA APHIS VS would provide
operational assistance through managing, overseeing, and/or actively
participating in depopulation, carcass disposal, and transportation.
Cleaning and disinfection would be the responsibility of States,
Tribes, and poultry owners and producers, as USDA APHIS VS does not
perform these activities. USDA APHIS VS would also provide tools upon
request, such as machinery and contracted operators, for depopulation
and disposal activities. The level of assistance USDA APHIS VS would
provide will depend on the needs of the impacted State.
Under the Federal Operational Assistance with Biosecurity Incentive
Alternative (Preferred Alternative), USDA APHIS VS would provide all
the same support and assistance described under the Federal Operational
Assistance Alternative. In addition, USDA APHIS VS may choose to
incentivize poultry owners and producers, via qualifying their
eligibility for indemnity or compensation, to implement biosecurity
measures that may mitigate the risk of HPAI infection and reinfection
on poultry premises within an outbreak Control Area. This alternative
would incentivize compliance with the written biosecurity plan for all
commercial poultry producers. Under this alternative, USDA APHIS VS may
require various types of in-person or virtual audits to verify that
appropriate biosecurity plans are in place as conditions for indemnity
and/or compensation for HPAI.
The potential environmental impacts on the following resources are
considered in the draft EIS: Soil, air, and water quality; vegetation
health; humans (including effects on health and safety, the economy,
equity and environmental justice, cultural and historic resources,
children's health, and Tribes); wildlife health, including birds of
conservation concern, eagles, and threatened and endangered species.
The draft programmatic EIS also considers the impacts of HPAI outbreak
response activities on climate change, the impacts of climate change on
HPAI outbreak response activities, and the cumulative impacts from
other past, present, and reasonably foreseeable future related actions.
The primary HPAI outbreak response activities that will be the focus of
the impacts section under each alternative are depopulation and
disposal, as well as some discussion concerning transportation and
cleaning and disinfection.
In general, the potential environmental impacts from the Federal
Operational Assistance and Biosecurity Incentive Alternative are
expected to result in similar or less environmental impacts than
impacts under the No Federal Operational Assistance Alternative. Direct
assistance from USDA APHIS VS would mean an additional level of
expertise when making decisions and implementing actions. With Federal,
State, and local authorities, Tribes, and poultry owners and producers
all working together, it is more likely that the disease will be
eradicated as rapidly as possible. A rigorous Federal response should
incentivize the rapid reporting of HPAI incidents because it achieves
disease eradication while providing relief to the poultry owners and
producers, States and Tribes that may lack the resources to deal with
the outbreaks in a timely manner. The benefit of completing HPAI virus
eradication activities as fast as possible is that it would decrease
the risk of HPAI spreading to nearby premises or to wild birds that may
infect other flocks thereby thus preventing additional environmental
impacts from future HPAI outbreaks and HPAI outbreak responses. Under
the Federal Operational Assistance and Biosecurity Incentive
Alternative, poultry suffering from HPAI should be minimized due to
effective and efficient depopulation procedures being implemented with
USDA APHIS VS assistance. Additionally, the assistance of USDA APHIS VS
under the Federal Operational Assistance and Biosecurity Incentive
Alternative is also expected to allow poultry owners and producers to
resume business as rapidly as possible and likely more rapidly than
under the No Federal Operational Assistance Alternative.
Impacts under the Federal Operational Assistance and Biosecurity
Incentive Alternative may see the greatest reduction in impacts of all
the alternatives. Requiring certain biosecurity measures as part of the
outbreak response in order to receive indemnity and/or compensation may
increase the chance of biosecurity measures being implemented by
commercial poultry owners and producers. Under this alternative,
increased biosecurity measures could decrease the chance of
reinfections at the outbreak site or at surrounding premises resulting
in a decrease in future HPAI outbreak response activities and their
potential impacts over time.
Based on the draft programmatic EIS, USDA APHIS VS has concluded
that the three alternatives will have minor impacts on soil, air, water
quality, wildlife, and vegetation health if all appropriate Federal,
State, and local laws and guidance are followed. Risk of HPAI
infections to humans is low, with risks of injuries and psychological
trauma to workers being a concern that is minimized by following
appropriate guidelines. Under all alternatives, impacts to climate
change would be relative to the biomass of poultry depopulated and
carcasses disposed of, and the particular depopulation, disposal, and
sanitation methods used.
After the public comment period ends, we will consider all comments
received, revise the draft programmatic EIS to address these comments,
as appropriate, and publish a notice of availability of the final
programmatic EIS in the Federal Register.
The draft programmatic EIS was 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), compliant with the
July 2020 regulations, (3) USDA's NEPA-implementing regulations (7 CFR
part 1b), and (4) USDA APHIS' NEPA-Implementing Procedures (7 CFR part
372).
Done in Washington, DC, this 5th day of August 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-18156 Filed 8-15-24; 8:45 am]
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