[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Proposed Rules]
[Pages 13083-13086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5992]



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[[Page 13084]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 160 and 161

[Docket No. 94-027-1]


Standards for Accredited Veterinarian Duties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow, under certain conditions, 
accredited veterinarians to issue official animal health documents for 
animals in herds or flocks under regular health maintenance programs 
for up to 30 days after inspection. For all other animals, we are 
proposing to allow accredited veterinarians to issue official animal 
health documents up to 10 days following inspection. Last, we are 
proposing to require that all official animal health documents be valid 
for only 30 days following inspection, regardless of the date of 
issuance. We would continue to require that accredited veterinarians 
issue official animal health documents only for animals that they have 
inspected.
    These actions would extend the time period allowed between 
inspection and the issuance of official animal health documents. We 
believe these actions would both alleviate the burden placed by the 
current time requirement on accredited veterinarians and reduce the 
costs of health inspection for the livestock industry, without 
significantly increasing animal disease risk.

DATES: Consideration will be given only to comments received on or 
before May 9, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O. 
Drawer 810, Riverdale, MD 20738. Please state that your comments refer 
to Docket No. 94-027-1. 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 requested to 
call ahead on (202) 690-2817 to facilitate entry into the comment 
reading room.

FOR FURTHER INFORMATION CONTACT: Dr. J. A. Heamon, Senior Staff 
Veterinarian, Sheep, Goat, Equine, and Poultry Diseases Staff, 
Veterinary Services, APHIS, USDA, P.O. Drawer 810, Riverdale, MD, 
20738. The telephone number for the agency contacts will change when 
agency offices in Hyattsville, MD, move to Riverdale, MD, during 
February. Telephone: (301) 436-6954 (Hyattsville); (301) 734-6954 
(Riverdale).

SUPPLEMENTARY INFORMATION:

Background

    In accordance with 9 CFR parts 160, 161, and 162 (referred to below 
as the regulations), some veterinarians are accredited by the Federal 
Government to cooperate with the Animal and Plant Health Inspection 
Service (APHIS) in controlling and preventing the spread of animal 
diseases throughout the country and internationally. Accredited 
veterinarians use their professional training in veterinary medicine to 
perform certain regulatory tasks.
    Section 161.3 of the regulations contains the Standards for 
Accredited Veterinarian Duties. Currently, under Sec. 161.3(a), we 
require accredited veterinarians, when issuing or signing a 
certificate, form, record, or report regarding any animal, to have 
inspected the animal within 7 days prior to signing the document. We 
have received numerous letters from veterinarians, veterinary 
associations, and livestock producers maintaining that this 7-day 
requirement is impractical, burdensome, and expensive for both 
veterinarians and producers. All of the correspondents request that we 
allow accredited veterinarians additional time to issue official animal 
health documents following inspection.
    Many of the correspondents argue that the 7-day requirement makes 
it difficult for accredited veterinarians involved in intensive 
livestock practices to issue, in a timely manner, official animal 
health documents required for the interstate or international transport 
of animals. Large livestock facilities sell animals continuously. So, 
in order to issue the health documents near the date of an animal's 
shipment, if 7 days have passed since the animal's most recent 
inspection, the veterinarian must revisit the facility where it is 
housed. This time requirement places a burden on veterinarians with 
busy practices; many of the veterinarians who have written state that 
it is impossible for them to visit their clients frequently enough so 
as not to impede livestock sales and shipments. Furthermore, livestock 
facilities also are negatively impacted by the 7-day requirement, as 
they must pay for numerous veterinary inspections if they wish to sell 
and ship animals frequently.
    Other letters cite inspection delays caused by biosecurity 
requirements at large livestock facilities as a reason for extending 
the time period allowed for issuing official animal health documents. 
Biosecurity requirements commonly prohibit veterinarians from entering 
a facility within 72 hours of being in contact with animals of the same 
species at other sites. If an accredited veterinarian is under contract 
to several large livestock facilities with biosecurity requirements, it 
can be difficult for him or her to inspect animals frequently enough so 
as not to impede livestock sales and shipments.
    Finally, many of the letters remark that often veterinarians do not 
receive laboratory test results soon enough after inspection to issue 
official animal health documents within the 7-day period. Thus, a 
veterinarian can be forced to reinspect an animal shortly after the 
previous inspection due to laboratory delays beyond his or her control.
    Therefore, we are proposing to allow, under certain conditions, 
accredited veterinarians to issue official animal health documents for 
animals in herds or flocks under regular health maintenance programs 
for up to 30 days after inspection. We are proposing to define regular 
health maintenance program in the regulations as ``an arrangement 
between an accredited veterinarian and a livestock producer whereby the 
veterinarian inspects every animal on the premises of the producer at 
least once every 30 days.'' This kind of arrangement is very common in 
the livestock industry. Typically, livestock facilities contract with a 
veterinarian for health inspection of every animal every 30 days as a 
practical way to protect the health of animals and to facilitate their 
sale and shipment.
    Over time, veterinarians who inspect herds or flocks as part of a 
regular health maintenance program become very familiar with health 
conditions in those herds or flocks. They are able to discover current, 
and anticipate future, health problems more accurately than 
veterinarians who inspect individual animals, herds, or flocks 
sporadically. We believe that accredited veterinarians may inspect a 
herd or flock as part of a regular health maintenance program and then 
issue relevant official animal health documents for up to 30 days 
following inspection, with no significant increase in disease risk. 
Notably, we would continue to require that accredited veterinarians 
issue official animal health documents only for animals that they have 
inspected.
    Because a veterinarian would have to inspect a herd or a flock 
several times before he or she could become familiar with the health 
conditions therein, we are proposing to allow veterinarians the 
[[Page 13085]] 30-day issuance period only after the third inspection 
of a herd or flock as part of a regular health maintenance program. 
Following the first two inspections of a herd or flock as part of a 
regular health maintenance program, we are proposing to allow 
accredited veterinarians to issue official animal health documents for 
only 10 days after inspection.
    For all animals not part of a regular health maintenance program, 
we are proposing to allow accredited veterinarians to issue official 
animal health documents for up to 10 days following inspection. We 
believe that providing accredited veterinarians with an additional 3 
days following inspection to issue relevant official animal health 
documents will give them greater flexibility without presenting a 
significant increase in disease risk.
    Finally, we are proposing to require that all official animal 
health documents be valid for only 30 days following the date of 
inspection, regardless of the date of issuance. We would require 
accredited veterinarians to indicate both the date of issuance and the 
date of expiration on all official animal health documents.

Miscellaneous

    We are also proposing to revise the regulations under Secs. 160.1 
and 161.3 (a), (b), (c), and (k) for the sake of clarity. Currently, 
the regulations in these sections require that various conditions be 
met any time an accredited veterinarian ``issue[s] or sign[s] any 
certificate, form, record or report'' reflecting the health of an 
animal. However, ``issue'' is not defined in the regulations. We are 
proposing to define ``issue'' as follows: ``The distribution by an 
accredited veterinarian of an official animal health document that he 
or she has signed.''
    Also, because under the proposed definition, ``issuance'' entails 
distributing a signed official animal health document, to avoid 
redundancy we are proposing to delete the word ``sign'' from Sec. 161.3 
(a), (b), (c), and (k). Moreover, we are proposing to remove ``sign'' 
from these sections because the phrase ``issue or sign'' implies that 
accredited veterinarians could issue an animal health document without 
signing it.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We are proposing to amend the regulations to allow, under certain 
conditions, accredited veterinarians to issue official animal health 
documents for animals in herds or flocks under regular health 
maintenance programs for up to 30 days after inspection. For inspection 
of other animals, we are proposing to allow up to 10 days between the 
inspection of animals and the issuance of official animal health 
documents.
    Currently, under Sec. 161.3(a), we require accredited 
veterinarians, when issuing or signing a certificate, form, record, or 
report regarding any animal, to have inspected the animal within 7 
days. This requirement places an economic burden on large livestock 
facilities that sell and ship animals continuously. That is, large 
livestock facilities must have their animals inspected frequently, in 
order for veterinarians to issue, in a timely manner, the health 
documents required for the frequent sale and shipment of animals. Such 
frequent visits can be expensive.
    If veterinarians were allowed additional time to issue official 
animal health documents following inspection, they could inspect 
animals less frequently. Therefore, primarily, this proposal would 
economically benefit large livestock facilities.
    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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0032 and there are no 
new requirements.

List of Subjects

9 CFR Part 160

    Veterinarians.

9 CFR Part 161

    Reporting and recordkeeping requirements.

    Accordingly, 9 CFR parts 160 and 161 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 by adding, in alphabetical order, 
the following definitions:


Sec. 160.1  Definitions.

* * * * *
    Issue. The distribution by an accredited veterinarian of an 
official animal health document that he or she has signed.
* * * * *
    Regular health maintenance program. An arrangement between an 
accredited veterinarian and a livestock producer whereby the 
veterinarian inspects every animal on the premises of the producer at 
least once every 30 days.
* * * * *
* * * * *

PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS 
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

    3. The authority citation for part 161 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).
    4. Section 161.3 would be amended as follows:
    a. By revising paragraphs (a) and (b) to read as set forth below.
    b. In paragraph (c), by removing the phrase ``or sign'' in the 
first sentence.
    c. In paragraph (k), by removing the phrase ``or sign'' in the 
first sentence.


Sec. 161.3  Standards for accredited veterinarian duties.

* * * * * [[Page 13086]] 
    (a) An accredited veterinarian shall not issue a certificate, form, 
record or report which reflects the results of any inspection, test, 
vaccination or treatment performed by him or her with respect to any 
animal, other than those in regular health maintenance programs, unless 
he or she has personally inspected that animal within 10 days prior to 
issuance.
    (1) Following the first two inspections of a herd or flock as part 
of a regular health maintenance program, an accredited veterinarian 
shall not issue a certificate, form, record or report which reflects 
the results of any inspection, test, vaccination or treatment performed 
by him or her with respect to any animal in that program, unless he or 
she has personally inspected that animal within 10 days prior to 
issuance.
    (2) Following the third and subsequent inspections of a herd or 
flock in a regular health maintenance program, an accredited 
veterinarian shall not issue a certificate, form, record or report 
which reflects the results of any inspection, test, vaccination or 
treatment performed by him or her with respect to any animal in that 
program, unless he or she has personally inspected that animal within 
30 days prior to issuance.
    (b) An accredited veterinarian shall not issue, or allow to be 
used, any certificate, form, record or report, until, and unless, it 
has been accurately and fully completed, clearly identifying the 
animals to which it applies, and showing the dates and results of any 
inspection, test, vaccination, or treatment the accredited veterinarian 
has conducted, except as provided in paragraph (c) of this section, and 
the dates of issuance and expiration of the document. Certificates, 
forms, records, and reports shall be valid for 30 days following the 
date of inspection of the animal identified on the document. The 
accredited veterinarian shall distribute copies of certificates, forms, 
records, and reports according to instructions issued to him or her by 
the Veterinarian-in-Charge.
* * * * *
    Done in Washington, DC, this 6th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-5992 Filed 3-9-95; 8:45 am]
BILLING CODE 3410-34-P