[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6185]


[[Page Unknown]]

[Federal Register: March 18, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 160

[Docket No. 93-033-1]

 

Veterinary Accreditation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning Federal 
accreditation of veterinarians to add a definition of ``sign.'' Adding 
this definition would clarify that accredited veterinarians are 
prohibited from authorizing other persons to sign certain official 
documents. We believe this change is necessary to maintain the 
integrity of our veterinary accreditation program.

DATES: Consideration will be given only to comments received on or 
before May 17, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-033-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are encouraged to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. J. A. Heamon, Staff Veterinarian, 
Sheep, Goat, Equine, and Poultry Diseases Staff, Veterinary Services, 
APHIS, USDA, room 700, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, (301) 436-6954.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 160, 161, and 162 pertain to the 
Animal and Plant Health Inspection Service's (APHIS) veterinary 
accreditation program. Through this program, APHIS authorizes 
veterinarians in private practice to perform certain official services 
and duties on behalf of APHIS Veterinary Services officials. These 
responsibilities include such activities as examining livestock for 
clinical signs of disease, vaccinating animals for brucellosis, drawing 
and shipping blood for testing, and preparing health certificates 
required for domestic or international movement.
    Section 161.3 (hereafter referred to as the regulations) sets forth 
the standards for accredited veterinarian duties. The regulations cover 
several requirements and prohibitions regarding the preparation of 
official forms, certificates, records and reports. The regulations use 
the term ``sign.'' As used in the regulations, ``sign'' means that an 
accredited veterinarian signs a document, in his or her own hand. 
However, ``sign'' is not defined in the regulations. This has led to 
some confusion concerning the signature requirements.
    It has always been APHIS's policy that only accredited 
veterinarians may sign official documents. Accredited veterinarians may 
not authorize other persons, through power of attorney or other means, 
to sign official documents for them; neither may accredited 
veterinarians use signature stamps or other mechanical devices to sign 
official documents.
    For several reasons, we believe it is crucial for accredited 
veterinarians themselves to personally sign official documents. Perhaps 
the most important reason is the need to maintain the credibility of 
the veterinary accreditation program with foreign animal health 
officials. The regulations authorize accredited veterinarians to 
prepare health certificates for livestock destined for exportation; the 
regulations do not authorize any other individuals to prepare export 
health certificates. If we allow accredited veterinarians to delegate 
authority to other persons to sign export health certificates, foreign 
animal health officials could lose confidence in the integrity of the 
veterinary accreditation program. This, in turn, could result in the 
loss of export markets for U.S. livestock.
    Therefore, to clarify the regulations, we are proposing to amend 9 
CFR part 160 to add a definition of ``sign.'' The proposed definition 
would clarify that accredited veterinarians may not delegate authority 
to sign documents, whether through a power of attorney or other means. 
The proposed definition would also clarify that signature stamps or 
other mechanical devices may not be used to sign documents in lieu of 
an accredited veterinarian's hand-inscribed signature.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866.
    This proposed rule would merely clarify that accredited 
veterinarians must sign official document in their own hand. We do not 
anticipate that this proposed rule would have any economic effect 
whatsoever.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 160

    Veterinarians.

    Accordingly, 9 CFR part 160 would be amended as follows:

PART 160--DEFINITION OF TERMS

    1. The authority citation for part 160 would continue to read as 
follows:

    Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1, 
115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.17, 2.51, 
and 371.2(d).

    2. Section 160.1 would be amended to add the following definition, 
in alphabetical order:


Sec. 160.1  Definitions.

* * * * *
    Sign. For an accredited veterinarian, to put his or her signature 
in his or her own hand on a certificate, form, record or report. No 
certificate, form, record or report is signed if:
    (1) Someone other than the accredited veterinarian has signed it on 
behalf of or in the name of the accredited veterinarian, regardless of 
the authority granted them by the accredited veterinarian; or
    (2) if any mechanical device has been used to affix the signature.
* * * * *
    Done in Washington, DC, this 11th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6185 Filed 3-17-94; 8:45 am]
BILLING CODE 3410-34-P