[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
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 This section of the FEDERAL REGISTER contains documents other than rules 
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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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