Availability of a Draft Environmental Assessment for Oral Rabies Vaccine Program, 61319-61321 [E9-28142]
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Notices
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. It is our desire to
involve interested parties and especially
adjacent landowners in identifying the
issues related to proposed activities.
Comments will assist in identification of
key issues and opportunities to develop
project alternatives and mitigation
measures.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review: A draft
environmental impact statement will be
prepared for comment. The comment
period on the draft environmental
impact statement will be 45 days
(beginning in April 2010) from the date
the Environmental Protection Agency
publishes the notice of availability in
the Federal Register.
The Forest Service believes, at this
early stage, it is important to give
reviewers notice of several court rulings
related to public participation in the
environmental review process. First,
reviewers of draft environmental impact
statements must structure their
participation in the environmental
review of the proposal so that it is
meaningful and alerts an agency to the
reviewer’s position and contentions
(Vermont Yankee Nuclear Power Corp.
v. NRDC, 435 U.S. 519, 553 (1978)).
Also, environmental objections that
could be raised at the draft
environmental impact statement stage
but that are not raised until after
completion of the final environmental
impact statement may be waived or
dismissed by the courts (City of Angoon
v. Hodel, 803 F.2d 1016, 1022 (9th Cir.
1986) and Wisconsin Heritages, Inc. v.
Hanis, 490 F. Supp. 1334, 1338 (E.D.
Wis. 1980)). Because of these court
rulings, it is very important that those
interested in this proposed action
participate by the close of the 45-day
comment period so that substantive
comments and objections are made
available to the Forest Service at a time
when it can meaningfully consider them
and respond to them in the final
environmental impact statement.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft environmental
impact statement should be as specific
as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft statement.
Comments may also address the
adequacy of the draft environmental
impact statement or the merits of the
alternatives formulated and discussed in
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15:15 Nov 23, 2009
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the statement. Reviewers may wish to
refer to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record on this proposal and will
be available for public inspection (40
CFR 1501.7 and 1508.22; Forest Service
Handbook 1909.15, Section 21).
Dated: November 17, 2009.
Craig Bobzien,
Forest Supervisor, Black Hills National Forest.
[FR Doc. E9–28091 Filed 11–23–09; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2009–0087]
Availability of a Draft Environmental
Assessment for Oral Rabies Vaccine
Program
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice of availability and
request for comments.
SUMMARY: We are advising the public
that we have prepared a proposed
environmental assessment relative to
oral rabies vaccination programs in
several States. Since the publication of
our original environmental assessment
and decision/finding of no significant
impact in 2001, we have prepared, and
made available to the public for
comment, several supplemental
environmental assessments and
decisions/findings of no significant
impact in order to reflect changes in the
program. The new environmental
assessment made available by this
notice analyzes the further expansion
the oral rabies vaccination program to
include the States of New Mexico and
Arizona, which is necessary to
effectively combat the gray fox variant
of the rabies virus. The new
environmental assessment is intended
to facilitate planning and interagency
coordination in the event of rabies
outbreaks, help streamline program
management, and clearly communicate
to the public the actions involved in the
oral rabies vaccination program.
DATES: We will consider all comments
that we receive on or before December
24, 2009.
ADDRESSES: You may submit comments
by either of the following methods:
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61319
∑ Federal eRulemaking Portal: Go to
(https://www.regulations.gov/
fdmspublic/component/main?main=
DocketDetail&d=APHIS–2009–0087) to
submit or view comments and to view
supporting and related materials
available electronically.
∑ Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2009–0087,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2009–0087.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue SW.,
Washington, DC. 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) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
(https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr.
Dennis Slate, Rabies Program
Coordinator, Wildlife Services, APHIS,
59 Chenell Drive, Suite 7, Concord, NH
03301; (603) 223–9623. To obtain copies
of the documents discussed in this
notice, contact Mr. Kevin Williams,
Operational Support Staff, WS, APHIS,
4700 River Road Unit 87, Riverdale, MD
20737–1234; phone (301) 734–4937, fax
(301) 734–5157, or email:
(Kevin.E.Williams@aphis.usda.gov).
This notice and the proposed
environmental assessment are also
posted on the APHIS Web site at (https://
www.aphis.usda.gov/regulations/ws/ws_
nepa_environmental_documents.shtml).
SUPPLEMENTARY INFORMATION: The
Wildlife Services (WS) program in the
Animal and Plant Health Inspection
Service (APHIS) cooperates with
Federal agencies, State and local
governments, and private individuals to
research and implement the best
methods of managing conflicts between
wildlife and human health and safety,
agriculture, property, and natural
resources. Wildlife-borne diseases that
can affect domestic animals and humans
are among the types of conflicts that
APHIS–WS addresses. Wildlife is the
dominant reservoir of rabies in the
United States.
On December 7, 2000, a notice was
published in the Federal Register (65
FR 76606–76607, Docket No. 00–045–1)
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
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Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Notices
in which the Secretary of Agriculture
declared an emergency and transferred
funds from the Commodity Credit
Corporation to APHIS–WS for the
continuation and expansion of oral
rabies vaccination (ORV) programs to
address rabies in the States of Ohio,
New York, Vermont, Texas, and West
Virginia.
On March 7, 2001, we published a
notice in the Federal Register (66 FR
13697–13700, Docket No. 01–009–1) to
solicit public involvement in the
planning of a proposed cooperative
program to stop the spread of rabies in
the States of New York, Ohio, Texas,
Vermont, and West Virginia. The notice
also stated that a small portion of
northeastern New Hampshire and the
western counties in Pennsylvania that
border Ohio could also be included in
these control efforts, and discussed the
possibility of APHIS–WS cooperating in
smaller-scale ORV projects in the States
of Florida, Massachusetts, Maryland,
New Jersey, Virginia, and Alabama. The
March 2001 notice contained detailed
information about the history of the
problems with raccoon rabies in eastern
States and with gray fox and coyote
rabies in Texas, along with information
about previous and ongoing efforts
using ORV baits in programs to prevent
the spread of the rabies variants or
‘‘strains’’ of concern.
Subsequently, on May 17, 2001, we
published in the Federal Register (66
FR 27489, Docket No. 01–009–2) a
notice in which we announced the
availability, for public review and
comment, of an environmental
assessment (EA) that examined the
potential environmental effects of the
ORV programs described in our March
2001 notice. We solicited comments on
the EA for 30 days ending on June 18,
2001. We received one comment by that
date. The comment was from an animal
protection organization and supported
APHIS’ efforts toward limiting or
eradicating rabies in wildlife
populations. The commenter did not,
however, support the use of lethal
monitoring methods or local
depopulation as part of an ORV
program.
On August 30, 2001, we published a
notice in the Federal Register (66 FR
45835–45836, Docket No. 01–009–3) in
which we advised the public of APHIS’
decision and finding of no significant
impact (FONSI) regarding the use of oral
vaccination to control specific rabies
virus strains in raccoons, gray foxes, and
coyotes in the United States. That
decision allows APHIS–WS to purchase
and distribute ORV baits, monitor the
effectiveness of the ORV programs, and
participate in implementing
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15:15 Nov 23, 2009
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contingency plans that may involve the
reduction of a limited number of local
target species populations through
lethal means (i.e., the preferred
alternative identified in the EA). The
decision was based upon the final EA,
which reflected our review and
consideration of the comments received
from the public in response to our
March 2001 and May 2001 notices and
information gathered during planning/
scoping meetings with State health
departments, other State and local
agencies, the Ontario Ministry of
Natural Resources, and the Centers for
Disease Control and Prevention.
Following the August 2001
publication of our original decision/
FONSI, we determined there was a need
to expand the ORV programs to include
the States of Kentucky and Tennessee to
effectively stop the westward spread of
raccoon rabies. Accordingly, we
prepared a supplemental decision/
FONSI to document the potential effects
of expanding the programs. We
published a notice announcing the
availability of the supplemental
decision/FONSI in the Federal Register
on July 5, 2002 (67 FR 44797–44798,
Docket No. 01–009–4).
Following the publication of the
supplemental decision/FONSI in July
2002, we determined the need to further
expand the ORV program to include the
States of Georgia and Maine to
effectively prevent the westward and
northward spread of the rabies virus
across the United States and into
Canada. To facilitate planning,
interagency coordination, and program
management and to provide the public
with our analysis of potential individual
and cumulative impacts of the
expanded ORV programs, we prepared a
supplemental EA that addresses the
inclusion of Georgia and Maine, as well
as the 2002 inclusion of Kentucky and
Tennessee, in the ORV program. In
addition, we prepared a new decision/
FONSI based on the supplemental EA
that was published in the Federal
Register on June 30, 2003 (68 FR 38669–
38670, Docket No. 01–009–5).
Following publication of the 2003
supplemental EA and decision/FONSI,
we determined the need to further
expand the ORV program to include
portions of National Forest System
lands, excluding Wilderness Areas,
within several eastern States. The
National Forest System lands where
APHIS–WS involvement could be
expanded included the States of Maine,
New York, Vermont, New Hampshire,
Pennsylvania, Ohio, Virginia, West
Virginia, Tennessee, Kentucky,
Alabama, Georgia, Florida, North
Carolina, South Carolina,
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Massachusetts, Maryland, and New
Jersey. Cooperative rabies surveillance
activities and/or baiting programs were
already being conducted on various
land classes, with the exception of
National Forest System lands, in many
of the aforementioned States. The
programs’ primary goals were to stop
the spread of a specific raccoon rabies
variant or ‘‘strain’’ of the rabies virus. If
not stopped, this strain could
potentially spread to much broader
areas of the United States and Canada
and cause substantial increases in
public and domestic animal health costs
because of increased rabies exposures.
As numerous National Forest System
lands are located within current and
potential ORV barrier zones, it became
increasingly important to bait these
large land masses to effectively combat
this strain of the rabies virus. In
addition, we prepared a new decision/
FONSI based on the supplemental EA
that was published in the Federal
Register on February 20, 2004 (69 FR
7904–7905, Docket No. 01–009–6).
Following the 2004 supplemental EA
and decision/FONSI for expansion of
the ORV program to include portions of
National Forest System lands, we
determined the need to further expand
the ORV program to include 25 eastern
States (Maine, New York, Vermont, New
Hampshire, Pennsylvania, Ohio,
Virginia, West Virginia, Tennessee,
Kentucky, Alabama, Georgia, Florida,
North Carolina, South Carolina,
Massachusetts, Maryland, Connecticut,
Rhode Island, Delaware, Indiana,
Michigan, Mississippi, Louisiana and
New Jersey), the District of Columbia,
and Texas to effectively prevent the
westward and northward spread of the
rabies virus across the United States and
into Canada. In addition, we prepared a
new decision/FONSI based on the
supplemental EA that was published in
the Federal Register on September 23,
2004 (69 FR 56992–56993, Docket No.
01–009–7).
Following the 2004 supplemental EA
and decision/FONSI, we determined the
need to expand the ORV program to
include portions of National Forest
System lands, excluding Wilderness
Areas, within the same 25 eastern States
and the District of Columbia. As
numerous National Forest System lands
are located within current and potential
ORV barrier zones, it had become
increasingly important to bait these
large land masses to effectively combat
this strain of the rabies virus.
Accordingly, we prepared a
supplemental EA and decision/FONSI
that served to update program needs
and evaluate current data. Those
documents were made available through
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Notices
a notice published in the Federal
Register on December 8, 2005 (70 FR
72977–72978, Docket No. 01–009–8).
In 2007, we prepared a new decision/
FONSI to update and replace the
previous decision/FONSI of September
9, 2004, for the 2004 supplemental EA.
The purpose of the new 2007 decision/
FONSI was to clarify the term
‘‘contingency actions,’’ which is used in
the 2004 supplemental EA, and to
analyze a type of contingency action
called trap-vaccinate-release (TVR) that
was not analyzed as part of the
proposed action in the 2004
supplemental EA. The 2007 decision/
FONSI was made available through a
notice published in the Federal Register
on April 27, 2007 (72 FR 20984–20986,
Docket No. 01–009–9).
As a result of a recent outbreak of gray
fox variant rabies in coyotes west of the
original gray fox ORV zone in Texas
toward the New Mexico border, and an
ongoing outbreak of gray fox variant
rabies in western New Mexico and
eastern Arizona, APHIS–WS has
determined there is a need to further
expand the ORV program to include the
States of New Mexico and Arizona to
effectively combat the gray fox variant
of the rabies virus. In addition, the State
of Arizona recently released a draft
management plan for invasive species
that included the rabies virus on its list
of invasive species that should be
controlled and managed. The purpose of
the new 2009 EA that we are making
available through this notice is to
facilitate planning and interagency
coordination, help streamline program
management, and to clearly
communicate with the public the
analysis of individual and cumulative
impacts of an expanded APHIS–WS
ORV program. The States where APHIS–
WS involvement would be continued or
expanded include the 26 States noted
previously plus New Mexico and
Arizona. The program’s primary goals
are to stop the spread of specific
raccoon (eastern States), coyote (Texas),
and gray fox (Texas, New Mexico, and
Arizona) rabies variants to new areas.
The EA analyzes the proposed action
and several alternatives with respect to
a number of environmental and other
issues raised by involved operating
agencies and the public. Analysis of
those areas and information not
included in the EA, the 2004
supplemental EA, and the associated
decisions/FONSIs are being presented
in the new 2009 EA and have been
incorporated into the decisionmaking
process.
The proposed EA that is the subject of
this notice, as well as the documents
cited above that preceded it, have been
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15:15 Nov 23, 2009
Jkt 220001
prepared in accordance with: (1) The
National Environmental Policy Act of
1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), (2) regulations of the
Council on Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
The EA may be viewed on the
Regulations.gov Web site or in our
reading room. (Instructions for accessing
Regulations.gov and information on the
location and hours of the reading room
are provided under the heading
ADDRESSES at the beginning of this
notice.) In addition, copies may be
obtained by calling or writing to the
individual listed under FOR FURTHER
INFORMATION CONTACT.
Done in Washington, DC, this 18th day of
November 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–28142 Filed 11–23–09: 11:41
am]
BILLING CODE 3410–34–S
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2009–0071]
International Sanitary and
Phytosanitary Standard-Setting
Activities
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice and request for
comments.
SUMMARY: In accordance with legislation
implementing the results of the Uruguay
Round of negotiations under the General
Agreement on Tariffs and Trade, we are
informing the public of the international
standard-setting activities of the World
Organization for Animal Health, the
Secretariat of the International Plant
Protection Convention, and the North
American Plant Protection Organization,
and we are soliciting public comment
on the standards to be considered.
ADDRESSES: You may submit comments
by either of the following methods:
∑ Federal eRulemaking Portal: Go to
(https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS2009-0071) to submit or view comments
and to view supporting and related
materials available electronically.
PO 00000
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61321
∑ Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2009–0071,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2009–0071.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue SW.,
Washington, DC. 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) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
(https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: For
general information on the topics
covered in this notice, contact Mr. John
Greifer, Associate Deputy Administrator
for SPS Management, International
Services, APHIS, room 1132, South
Building, 14th Street and Independence
Avenue SW., Washington, DC 20250;
(202) 720–7677.
For specific information regarding
standard-setting activities of the World
Organization for Animal Health, contact
Dr. Michael David, Director, Sanitary
International Standards Team, National
Center for Import and Export, VS,
APHIS, 4700 River Road Unit 33,
Riverdale, MD 20737–1231; (301) 734–
5324.
For specific information regarding the
standard-setting activities of the
International Plant Protection
Convention or the North American Plant
Protection Organization, contact Ms.
Julie E. Aliaga, Program Director,
International Phytosanitary Standards,
PPQ, APHIS, 4700 River Road Unit 140,
Riverdale, MD 20737–1236; (301) 734–
0763.
SUPPLEMENTARY INFORMATION:
Background
The World Trade Organization (WTO)
was established as the common
international institutional framework for
governing trade relations among its
members in matters related to the
Uruguay Round Agreements. The WTO
is the successor organization to the
General Agreement on Tariffs and
Trade. U.S. membership in the WTO
was approved by Congress when it
enacted the Uruguay Round Agreements
Act (Pub. L. 103–465), which was
E:\FR\FM\24NON1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Notices]
[Pages 61319-61321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28142]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2009-0087]
Availability of a Draft Environmental Assessment for Oral Rabies
Vaccine Program
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are advising the public that we have prepared a proposed
environmental assessment relative to oral rabies vaccination programs
in several States. Since the publication of our original environmental
assessment and decision/finding of no significant impact in 2001, we
have prepared, and made available to the public for comment, several
supplemental environmental assessments and decisions/findings of no
significant impact in order to reflect changes in the program. The new
environmental assessment made available by this notice analyzes the
further expansion the oral rabies vaccination program to include the
States of New Mexico and Arizona, which is necessary to effectively
combat the gray fox variant of the rabies virus. The new environmental
assessment is intended to facilitate planning and interagency
coordination in the event of rabies outbreaks, help streamline program
management, and clearly communicate to the public the actions involved
in the oral rabies vaccination program.
DATES: We will consider all comments that we receive on or before
December 24, 2009.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to (https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0087) to submit or view comments
and to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2009-0087, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2009-0087.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. 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) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at (https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr. Dennis Slate, Rabies Program
Coordinator, Wildlife Services, APHIS, 59 Chenell Drive, Suite 7,
Concord, NH 03301; (603) 223-9623. To obtain copies of the documents
discussed in this notice, contact Mr. Kevin Williams, Operational
Support Staff, WS, APHIS, 4700 River Road Unit 87, Riverdale, MD 20737-
1234; phone (301) 734-4937, fax (301) 734-5157, or email:
(Kevin.E.Williams@aphis.usda.gov). This notice and the proposed
environmental assessment are also posted on the APHIS Web site at
(https://www.aphis.usda.gov/regulations/ws/ws_nepa_environmental_documents.shtml).
SUPPLEMENTARY INFORMATION: The Wildlife Services (WS) program in the
Animal and Plant Health Inspection Service (APHIS) cooperates with
Federal agencies, State and local governments, and private individuals
to research and implement the best methods of managing conflicts
between wildlife and human health and safety, agriculture, property,
and natural resources. Wildlife-borne diseases that can affect domestic
animals and humans are among the types of conflicts that APHIS-WS
addresses. Wildlife is the dominant reservoir of rabies in the United
States.
On December 7, 2000, a notice was published in the Federal Register
(65 FR 76606-76607, Docket No. 00-045-1)
[[Page 61320]]
in which the Secretary of Agriculture declared an emergency and
transferred funds from the Commodity Credit Corporation to APHIS-WS for
the continuation and expansion of oral rabies vaccination (ORV)
programs to address rabies in the States of Ohio, New York, Vermont,
Texas, and West Virginia.
On March 7, 2001, we published a notice in the Federal Register (66
FR 13697-13700, Docket No. 01-009-1) to solicit public involvement in
the planning of a proposed cooperative program to stop the spread of
rabies in the States of New York, Ohio, Texas, Vermont, and West
Virginia. The notice also stated that a small portion of northeastern
New Hampshire and the western counties in Pennsylvania that border Ohio
could also be included in these control efforts, and discussed the
possibility of APHIS-WS cooperating in smaller-scale ORV projects in
the States of Florida, Massachusetts, Maryland, New Jersey, Virginia,
and Alabama. The March 2001 notice contained detailed information about
the history of the problems with raccoon rabies in eastern States and
with gray fox and coyote rabies in Texas, along with information about
previous and ongoing efforts using ORV baits in programs to prevent the
spread of the rabies variants or ``strains'' of concern.
Subsequently, on May 17, 2001, we published in the Federal Register
(66 FR 27489, Docket No. 01-009-2) a notice in which we announced the
availability, for public review and comment, of an environmental
assessment (EA) that examined the potential environmental effects of
the ORV programs described in our March 2001 notice. We solicited
comments on the EA for 30 days ending on June 18, 2001. We received one
comment by that date. The comment was from an animal protection
organization and supported APHIS' efforts toward limiting or
eradicating rabies in wildlife populations. The commenter did not,
however, support the use of lethal monitoring methods or local
depopulation as part of an ORV program.
On August 30, 2001, we published a notice in the Federal Register
(66 FR 45835-45836, Docket No. 01-009-3) in which we advised the public
of APHIS' decision and finding of no significant impact (FONSI)
regarding the use of oral vaccination to control specific rabies virus
strains in raccoons, gray foxes, and coyotes in the United States. That
decision allows APHIS-WS to purchase and distribute ORV baits, monitor
the effectiveness of the ORV programs, and participate in implementing
contingency plans that may involve the reduction of a limited number of
local target species populations through lethal means (i.e., the
preferred alternative identified in the EA). The decision was based
upon the final EA, which reflected our review and consideration of the
comments received from the public in response to our March 2001 and May
2001 notices and information gathered during planning/scoping meetings
with State health departments, other State and local agencies, the
Ontario Ministry of Natural Resources, and the Centers for Disease
Control and Prevention.
Following the August 2001 publication of our original decision/
FONSI, we determined there was a need to expand the ORV programs to
include the States of Kentucky and Tennessee to effectively stop the
westward spread of raccoon rabies. Accordingly, we prepared a
supplemental decision/FONSI to document the potential effects of
expanding the programs. We published a notice announcing the
availability of the supplemental decision/FONSI in the Federal Register
on July 5, 2002 (67 FR 44797-44798, Docket No. 01-009-4).
Following the publication of the supplemental decision/FONSI in
July 2002, we determined the need to further expand the ORV program to
include the States of Georgia and Maine to effectively prevent the
westward and northward spread of the rabies virus across the United
States and into Canada. To facilitate planning, interagency
coordination, and program management and to provide the public with our
analysis of potential individual and cumulative impacts of the expanded
ORV programs, we prepared a supplemental EA that addresses the
inclusion of Georgia and Maine, as well as the 2002 inclusion of
Kentucky and Tennessee, in the ORV program. In addition, we prepared a
new decision/FONSI based on the supplemental EA that was published in
the Federal Register on June 30, 2003 (68 FR 38669-38670, Docket No.
01-009-5).
Following publication of the 2003 supplemental EA and decision/
FONSI, we determined the need to further expand the ORV program to
include portions of National Forest System lands, excluding Wilderness
Areas, within several eastern States. The National Forest System lands
where APHIS-WS involvement could be expanded included the States of
Maine, New York, Vermont, New Hampshire, Pennsylvania, Ohio, Virginia,
West Virginia, Tennessee, Kentucky, Alabama, Georgia, Florida, North
Carolina, South Carolina, Massachusetts, Maryland, and New Jersey.
Cooperative rabies surveillance activities and/or baiting programs were
already being conducted on various land classes, with the exception of
National Forest System lands, in many of the aforementioned States. The
programs' primary goals were to stop the spread of a specific raccoon
rabies variant or ``strain'' of the rabies virus. If not stopped, this
strain could potentially spread to much broader areas of the United
States and Canada and cause substantial increases in public and
domestic animal health costs because of increased rabies exposures. As
numerous National Forest System lands are located within current and
potential ORV barrier zones, it became increasingly important to bait
these large land masses to effectively combat this strain of the rabies
virus. In addition, we prepared a new decision/FONSI based on the
supplemental EA that was published in the Federal Register on February
20, 2004 (69 FR 7904-7905, Docket No. 01-009-6).
Following the 2004 supplemental EA and decision/FONSI for expansion
of the ORV program to include portions of National Forest System lands,
we determined the need to further expand the ORV program to include 25
eastern States (Maine, New York, Vermont, New Hampshire, Pennsylvania,
Ohio, Virginia, West Virginia, Tennessee, Kentucky, Alabama, Georgia,
Florida, North Carolina, South Carolina, Massachusetts, Maryland,
Connecticut, Rhode Island, Delaware, Indiana, Michigan, Mississippi,
Louisiana and New Jersey), the District of Columbia, and Texas to
effectively prevent the westward and northward spread of the rabies
virus across the United States and into Canada. In addition, we
prepared a new decision/FONSI based on the supplemental EA that was
published in the Federal Register on September 23, 2004 (69 FR 56992-
56993, Docket No. 01-009-7).
Following the 2004 supplemental EA and decision/FONSI, we
determined the need to expand the ORV program to include portions of
National Forest System lands, excluding Wilderness Areas, within the
same 25 eastern States and the District of Columbia. As numerous
National Forest System lands are located within current and potential
ORV barrier zones, it had become increasingly important to bait these
large land masses to effectively combat this strain of the rabies
virus. Accordingly, we prepared a supplemental EA and decision/FONSI
that served to update program needs and evaluate current data. Those
documents were made available through
[[Page 61321]]
a notice published in the Federal Register on December 8, 2005 (70 FR
72977-72978, Docket No. 01-009-8).
In 2007, we prepared a new decision/FONSI to update and replace the
previous decision/FONSI of September 9, 2004, for the 2004 supplemental
EA. The purpose of the new 2007 decision/FONSI was to clarify the term
``contingency actions,'' which is used in the 2004 supplemental EA, and
to analyze a type of contingency action called trap-vaccinate-release
(TVR) that was not analyzed as part of the proposed action in the 2004
supplemental EA. The 2007 decision/FONSI was made available through a
notice published in the Federal Register on April 27, 2007 (72 FR
20984-20986, Docket No. 01-009-9).
As a result of a recent outbreak of gray fox variant rabies in
coyotes west of the original gray fox ORV zone in Texas toward the New
Mexico border, and an ongoing outbreak of gray fox variant rabies in
western New Mexico and eastern Arizona, APHIS-WS has determined there
is a need to further expand the ORV program to include the States of
New Mexico and Arizona to effectively combat the gray fox variant of
the rabies virus. In addition, the State of Arizona recently released a
draft management plan for invasive species that included the rabies
virus on its list of invasive species that should be controlled and
managed. The purpose of the new 2009 EA that we are making available
through this notice is to facilitate planning and interagency
coordination, help streamline program management, and to clearly
communicate with the public the analysis of individual and cumulative
impacts of an expanded APHIS-WS ORV program. The States where APHIS-WS
involvement would be continued or expanded include the 26 States noted
previously plus New Mexico and Arizona. The program's primary goals are
to stop the spread of specific raccoon (eastern States), coyote
(Texas), and gray fox (Texas, New Mexico, and Arizona) rabies variants
to new areas. The EA analyzes the proposed action and several
alternatives with respect to a number of environmental and other issues
raised by involved operating agencies and the public. Analysis of those
areas and information not included in the EA, the 2004 supplemental EA,
and the associated decisions/FONSIs are being presented in the new 2009
EA and have been incorporated into the decisionmaking process.
The proposed EA that is the subject of this notice, as well as the
documents cited above that preceded it, have been prepared in
accordance with: (1) The National Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
The EA may be viewed on the Regulations.gov Web site or in our
reading room. (Instructions for accessing Regulations.gov and
information on the location and hours of the reading room are provided
under the heading ADDRESSES at the beginning of this notice.) In
addition, copies may be obtained by calling or writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
Done in Washington, DC, this 18th day of November 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-28142 Filed 11-23-09: 11:41 am]
BILLING CODE 3410-34-S
