[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39840-39842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19181]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Parts 160 and 161

[Docket No. 94-027-2]


Standards for Accredited Veterinarian Duties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are allowing, under certain conditions, accredited 
veterinarians to issue official animal health documents up to 30 days 
after inspection for animals in herds or flocks under regular health 
maintenance programs. For all other animals, we will allow accredited 
veterinarians to issue official animal health documents up to 10 days 
following inspection. Last, we are requiring that all official animal 
health documents be valid for only 30 days following inspection, 
regardless of the date of issuance. We will continue to require that 
accredited veterinarians issue official animal health documents only 
for animals that they have inspected.
    These actions will extend the time period allowed between 
inspection and the issuance of official animal health documents. We 
believe these actions will 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.

EFFECTIVE DATE: September 5, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. J. A. Heamon, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 43, Riverdale, MD 20737-1231; (301) 734-6954.

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.
    On March 10, 1995, we published in the Federal Register (60 FR 
13084-13086, Docket No. 94-027-1) a proposal 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 all animals not part of a regular health maintenance program, we 
proposed to allow accredited veterinarians to issue official animal 
health documents for up to 10 days following inspection. We further 
proposed 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. Finally, we proposed to add definitions of issue and 
regular health maintenance program.
    We solicited comments concerning our proposal for 60 days ending 
May 9, 1995. We received seven comments by that date. They were from a 
swine breeding stock company, two national veterinary associations, a 
pork industry association, a Federal veterinarian, and two State 
agriculture agencies. Four of the commenters supported the proposed 
rule, although one of those commenters appeared to have some 
reservations about one aspect of the proposal. The remaining three 
commenters expressed concerns regarding specific aspects of the 
proposed rule. The concerns and reservations of those commenters are 
discussed below.
    One commenter supported our proposal to allow an accredited 
veterinarian to issue an official animal 

[[Page 39841]]
health document up to 10 days after his or her inspection of animals in 
a herd or flock not under a regular health maintenance program. The 
commenter acknowledged that the increase from 7 to 10 days would 
provide some additional time for laboratory results to be received, but 
stated that even 10 days may not be sufficient time to receive the 
results of some required tests. The commenter did not, however, cite 
recurring difficulties with any specific tests. We recognize that 
laboratory delays beyond an accredited veterinarian's control can 
occur, but we are unaware of any widespread problems that consistently 
delay the issuance of animal health documents. The regulations in 
Sec. 161.3(k) already provide that an accredited veterinarian may issue 
an origin health certificate for export use without including test 
results from a laboratory if the APHIS Veterinarian-in-Charge 
determines that such an action is necessary to save time in order to 
meet an export schedule and agrees to add the test results to the 
certificate at a later time. If, in the future, it becomes necessary to 
address persistent delays in laboratory reporting, similar provisions 
could be proposed for the issuance of other animal health documents.
    One commenter disagreed with our proposal 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. The 
commenter felt that this restriction would place an unfair limitation 
on certificates made near the end of the 30-day inspection period, 
noting that a certificate issued on day 28 or 29 would only be valid 
for a day or two. The commenter envisioned a scenario in which a 
shipment of animals could be in transit at the time their certificate 
expired, thus leaving the animals without valid documentation. The 
commenter suggested that a certificate should be valid for at least 7 
days after issuance, provided the certificate was issued during the 30-
day inspection period. We believe that the difficulties envisioned by 
the commenter are not likely to occur due to the time frames associated 
with inspections and the issuance of animal health documents. Livestock 
facilities participating in a regular health maintenance program are 
usually large operations with an established distribution and 
transportation network in place, which lends a measure of 
predictability to the facility's shipping activities. We believe that 
the operator of such a facility would ensure that the health documents 
for a shipment of animals would be valid for a long enough period of 
time to complete the movement of those animals. If not, the next 
scheduled visit by the accredited veterinarian serving the facility 
would likely be only a few days in the future, and a new set of 
documents could be secured following that visit, thus allowing adequate 
time to move the shipment of animals. A document issued by an 
accredited veterinarian for animals that are not part of a regular 
health maintenance program would have to be issued no later than 10 
days following inspection, so that document would be valid for at least 
20 days following its issuance; in such a case, making the document 
valid for at least 7 days after issuance would be unnecessary.
    Another commenter also objected to our proposal 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. This 
commenter's objection was threefold: (1) The requirement would be a 
negative influence on regional approaches to animal movements within 
the United States and North America; (2) the requirement constitutes a 
centralization of regulation at a time when decentralization should be 
the goal; and (3) the requirement interferes with provisions that most, 
if not all, States have set concerning the length of time a health 
document remains valid. The commenter did not, however, provide any 
explanation or examples to elucidate his objections. We have made no 
changes in this final rule in response to that comment because the 
standards for accredited veterinarians contained in the regulations 
apply only to an accredited veterinarian's work with APHIS, even though 
it is common for federally accredited veterinarians to work on State 
programs in addition to their work with APHIS on Federal and 
cooperative State/Federal programs. Thus, the 30-day post-inspection 
limit on the validity of a health document would apply to an official 
certificate or document issued in connection with an APHIS program 
activity such as pre-export inspection, tuberculosis, brucellosis, or 
pseudorabies, but not to a State document issued by an accredited 
veterinarian in connection with a State-level program.
    Finally, one commenter was concerned that the proposed definition 
of issue and removal of the words ``or sign'' from the phrase ``issue 
or sign'' would have the effect of creating a loophole that would allow 
an accredited veterinarian to legally pre-sign a number of blank animal 
health documents that could be filled out later by someone other than 
the accredited veterinarian. The commenter stated that an accredited 
veterinarian should be responsible for reviewing all animal health 
documents for accuracy before they are signed and then issued. We do 
not believe that the changes will create the loophole envisioned by the 
commenter for two reasons: First, the proposed definition of issue--
``the distribution by an accredited veterinarian of an official animal 
health document that he or she has signed''--clearly indicates that an 
accredited veterinarian must sign a document before it is distributed. 
Our second reason builds on the first, in that proposed Sec. 161.3(b) 
states that an accredited veterinarian may not issue--i.e., sign and 
distribute--or allow the use of any certificate, form, record, or 
report until and unless the document has been accurately and fully 
completed. We believe, therefore, that these provisions ensure that an 
accredited veterinarian is responsible for the accuracy of all animal 
health documents he or she issues.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We are amending 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 allowing up to 10 days between the inspection of animals and the 
issuance of official animal health documents.
    Until the effective date of this final rule, the regulations in 
Sec. 161.3(a) require accredited veterinarians, when issuing or signing 
a certificate, form, record, or report regarding any animal, to have 
inspected the animal within 7 days. That requirement places an economic 
burden on large livestock facilities that sell and ship animals 
continuously. That is, large livestock facilities are currently 
required to 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 

[[Page 39842]]
animals. Such frequent visits can be expensive.
    Allowing veterinarians additional time to issue official animal 
health documents following inspection will enable those veterinarians 
to inspect animals less frequently. Therefore, this rule will 
economically benefit large livestock facilities.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
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 rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings 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), and there are no new requirements. The assigned OMB 
control number is 0579-0032.

List of Subjects

9 CFR Part 160

    Veterinarians.

9 CFR Part 161

    Reporting and recordkeeping requirements.

    Accordingly, 9 CFR parts 160 and 161 are amended as follows:

PART 160--DEFINITION OF TERMS

    1. The authority citation for part 160 continues 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 is 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 continues 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 is 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.

* * * * *
    (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 27th day of July 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-19181 Filed 8-3-95; 8:45 am]
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