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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103769-103770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30256]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2022-0031]

Notice of Availability of a Final Supplemental Environmental 
Assessment and 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 we have prepared a final 
supplemental environmental assessment (EA) and finding of no 
significant impact (FONSI) relative to our emergency response 
activities for highly pathogenic avian influenza outbreaks in 
commercial and backyard poultry operations located in the four 
migratory bird flyways in the United States. This final supplemental 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. Based on our FONSI, we have determined that an environmental 
impact statement need not be prepared for the proposed action as 
described in this final supplemental EA.

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:

Background

    The United States Department of Agriculture (USDA), Animal and 
Plant Health Inspection Service (APHIS), Veterinary Services (VS), has 
been delegated the authority under the Animal Health Protection Act (7 
U.S.C. 8301-8322) 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. Highly pathogenic avian 
influenza (HPAI) is an extremely infectious disease 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. 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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    In response to outbreaks of the HPAI H5N1 (AI strain) virus subtype 
in commercial and backyard poultry flocks that began on February 8, 
2022, we 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 in seven States (Indiana, 
Kentucky, Virginia, New York, Maine, Delaware, and Michigan). 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, draft FONSI, the comments we received, 
the final EA, and the final 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 FONSI for 
the initial seven States, HPAI outbreaks have continued to occur across 
the United States. As of November 21, 2024, the virus was confirmed in 
538 commercial, 661 backyard, and 32 other types (e.g., live bird 
markets, rehabilitation facilities) of flocks, affecting approximately 
110 million birds in 49 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, we prepared a 
supplemental EA titled ``Emergency Response for Highly Pathogenic Avian 
Influenza Outbreaks in the United States Migratory Bird Flyways'' to 
cover HPAI emergency response activities in other impacted States in 
the four North American migratory bird flyways (i.e., the Atlantic, 
Mississippi, Central, and Pacific 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 (last visited 
November 21, 2024).
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    On August 24, 2023, we published in the Federal Register (88 FR 
57923-57924, Docket No. APHIS-2022-0031) a notice in which we announced 
the availability, for public review and comment, of a draft 
supplemental EA and draft FONSI that examined the potential 
environmental impacts associated with HPAI response activities for 
additional outbreaks in commercial and backyard poultry operations in 
other impacted States in the four North American migratory bird 
flyways.\4\
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    \4\ To view the draft supplemental EA, draft FONSI, and the 
comment we received, go to www.regulations.gov and enter APHIS-2022-
0031 in the Search field.
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    We solicited comments on the draft supplemental EA and FONSI for 30 
days

[[Page 103770]]

ending September 25, 2023. We received one comment on the draft 
supplemental EA by that date. Besides commenting on specific outbreak 
information not included in the draft supplemental EA and the 
timeliness of publication, the commenter raised several concerns 
regarding the draft supplemental EA. These concerns included whether 
APHIS appropriately consulted with other Federal agencies as required 
by the Endangered Species Act; that APHIS has not considered the 
significant effects that outbreak response actions will cause to the 
natural environment, nearby communities, wildlife and ecological 
resources, particularly threatened and endangered wildlife populations; 
and that reasonable alternatives were not considered, especially 
restricting certain disposal options that the commenter felt would 
limit the potential exposure of threatened and endangered species to 
HPAI-infected domestic poultry.
    We reviewed and considered the concerns raised by the commenter. We 
have both revised the draft supplemental EA where appropriate and 
provided responses to concerns expressed. Our full responses can be 
found in Appendix E of the final supplemental EA.
    We are also advising the public of our final FONSI regarding the 
final supplemental EA for our emergency response activities for HPAI in 
the United States migratory bird flyways. The FONSI, which is based on 
the final supplemental EA, reflects our determination that the methods 
used as part of HPAI emergency outbreak response activities will not 
have a significant impact on the quality of the human environment.
    The final supplemental EA and FONSI may be viewed on the 
Regulations.gov website (see footnote 4). Copies of the final 
supplemental EA and FONSI are also available for public inspection 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. In addition, copies may be obtained by calling 
or writing to the individual listed under FOR FURTHER INFORMATION 
CONTACT.
    The final supplemental EA and FONSI were 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 through 
1508) in effect prior to July 1, 2024, (3) USDA's NEPA-implementing 
regulations (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).

    Done in Washington, DC, this 3rd day of December 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-30256 Filed 12-18-24; 8:45 am]
BILLING CODE 3410-34-P
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