[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Rules and Regulations]
[Pages 597-600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-177]


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DEPARTMENT OF AGRICULTURE
9 CFR Parts 160 and 161

[Docket No. 96-075-1]


Accredited Veterinarians; Optional Digital Signature

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to accept digital signatures from accredited 
veterinarians as an additional option for official certificates, forms, 
records, and reports to the Animal and Plant Health Inspection Service. 
Currently, we require hand written signatures on all such documents. We 
believe that accepting digital signatures may benefit accredited 
veterinarians and the industries they serve by reducing the turn around 
time for these documents. This proposed action would relieve 
restrictions that appear to be unnecessary.

DATES: Consideration will be given only to comments received on or 
before March 7, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-075-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-075-1. 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. Joseph S. VanTiem, Senior Staff 
Veterinarian, National Animal Health Programs, VS. APHIS, 4700 River 
Road Unit 43, Riverdale, MD 20737-1231, (301) 734-7716, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR parts 160 and 161 (the regulations), 
govern the accreditation of veterinarians. Accredited veterinarians are 
approved by the Administrator of the Animal and Plant Health Inspection 
Service (APHIS) to perform certain regulatory tasks to control and 
prevent the spread of animal diseases throughout the country and 
internationally. One of these regulatory tasks is preparing official 
documents including certificates, forms, records, and reports and 
submitting such documents to APHIS. Currently, we require a hand 
written signature by the accredited veterinarian on all official 
certificates, forms, records, and reports.
    We are proposing to change the regulations to allow accredited 
veterinarians the additional option of signing official certificates, 
forms, records, and reports by use of a digital signature and of 
transmitting such documents electronically to APHIS. We will continue 
to accept and process official certificates, forms, records, and 
reports in hard copy as well, so that the technical capabilities or 
preferences of

[[Page 598]]

the accredited veterinarian will not hinder the processing of these 
documents. We believe that allowing accredited veterinarians the option 
of signing and transmitting documents electronically will provide them 
with more flexibility and allow them to choose the method which is most 
efficient for them.
    Representatives of the poultry industry, other industries served by 
accredited veterinarians, and APHIS veterinarians have requested that 
we accept digital signatures and allow electronic transmissions between 
accredited veterinarians and APHIS. The proposed addition to the 
regulations could benefit the accredited veterinarians and the 
industries they serve by saving them time and money. The time delays 
currently experienced in transmitting documents to APHIS could be 
eliminated or lessened. In addition to the time saved, the costs 
currently incurred for the use of couriers or special handling to 
expedite delivery could be eliminated.

Previously Published Notice

    As we stated in our Notice published in the Federal Register on 
October 31, 1996 (60 FR 56215-56216, Docket No. 96-084-1), APHIS has a 
waiver to use RSA 1 digital signature technology in lieu of the 
Digital Signature Standard specified by Federal Information Processing 
Standard 186. The RSA digital signature technology provides document 
security that can be used to verify the identity of the person who 
signed the document and can protect the signed document against 
unauthorized modifications of its text. The RSA digital signature 
technology is widely used in a variety of commercial software 
applications, for example, InForms by Novell Incorporated, Form Flow by 
Delrina Corporation, and Jet Form by Jet Form Corporation.
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    \1\ RSA was named for the inventors of the algorithm, Drs. 
Ronald Rivest, Adi Shamir, and Leonard Adleman.
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Digital Signature Pilot Project

    APHIS developed a pilot project testing the use of digital 
signatures and electronic transmissions using the Veterinary Services 
(VS) Form 17-6, Certificate for Poultry or Hatching Eggs for Export. 
The pilot project began in December 1995 and ran through May 1996.
    At the August 9-10, 1994, Livestock and Poultry Movement meeting in 
Fort Collins, CO, producers identified the following potential benefits 
from digitally signing and electronically transmitting the VS Form 17-
6: (1) reduce costs associated with processing, handling, and mailing 
the VS Form 17-6, (2) move exports on short notice due to market 
conditions, and (3) reduce processing costs and turn around time 
between the producers and VS area offices for review and endorsement. 
Producers, accredited veterinarians, and VS Area Offices in Arkansas 
and Iowa volunteered to participate in the pilot project.
    An automated copy of VS Form 17-6 was created using Novell Inc.'s 
InForms software. During the pilot project, the automated VS Form 17-6 
was used by two producers, accredited veterinarians, and the VS Area 
Office in Arkansas and Iowa. The participants of the pilot project 
concluded that the use of digital signatures and electronic 
transmission was successful and beneficial. We believe that the use of 
digital signatures and electronic transmission of documents could be 
successful for other industries as well.

Other Government Use of Digital Signature Technology

    As technology has advanced, various governments have begun to use 
or investigate the use of digital signatures. The Federal Government is 
using digital signatures on purchase orders. Many states have enacted 
legislation accepting digital signatures or are looking into the use of 
digital signatures, including Arizona, California, Florida, Georgia, 
Hawaii, Illinois, Oregon, Utah, Virginia, Washington, and Wyoming. 
Several foreign countries are also working on the acceptability of 
digital signatures, including Canada, Chile, and Germany. We expect to 
see continued advancements in the use of digital signatures.

Regulatory Changes

    Due to the current state of technology and the technological 
advancements that we expect to continue, we propose to allow the 
maximum flexibility to use digital signatures and electronic 
transmission for official certificates, forms, records, and reports. We 
envision electronic transmission of official certificates, forms, 
records, and reports by various methods, including electronic mail and 
Internet. As technology advances, we expect new methods will be 
available. Therefore, we propose to approve the methods based on 
technological capabilities at the time of the request and not limit the 
regulations to a specific method, thus offering the greatest 
flexibility and the least restrictive regulations.
    Specifically, we propose to revise several definitions, including 
the definitions of issue and sign. We propose to revise the definition 
of issue in Sec. 160.1 of the regulations to include electronic 
transmission. We propose to revise the definition of sign in Sec. 160.1 
of the regulations to include digital signatures approved by the 
Administrator. We propose to add the following definition for approved 
digital signature:

    Digital signatures approved by the Administrator for electronic 
transmission, for example, via a computer. To be approved, a digital 
signature must be able to verify the identity of the accredited 
veterinarian signing the document and indicate if the integrity of 
the data in the signed document was compromised.

    We also propose to revise Sec. 161.3(j) of the regulations to 
require accredited veterinarians to be responsible for the use of 
approved digital signature capabilities.

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 the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We do not have enough data for a comprehensive analysis of the 
economic impacts of this proposed rule on small entities. Therefore, in 
accordance with 5 U.S.C. 603, we have performed an Initial Regulatory 
Flexibility Analysis for this proposed rule. We are inviting comments 
about this proposed rule as it relates to small entities. In 
particular, we are interested in determining (1) the number and kind of 
small entities that may incur benefits or costs from implementation of 
this proposed rule and (2) the economic impact of those benefits or 
costs.
    Under the Animal Industry Act (21 U.S.C. 112, 113-114a-1, and 115), 
the Animal Quarantine Acts and the Cattle Contagious Diseases Act (21 
U.S.C. 105, 111-113, 120, 121, and 125), the Federal Meat Inspection 
Act (21 U.S.C. 612 and 613), the Foot-and-Mouth Disease Research Act 
(21 U.S.C. 113a), and the Horse Protection Act (15 U.S.C. 1828), the 
Secretary of Agriculture has the authority to promulgate regulations 
and take measures to prevent the introduction and dissemination of 
communicable diseases of livestock and poultry. In accordance with the 
regulations in 9 CFR parts 160, 161, and 162, some veterinarians are 
accredited by the Federal Government to cooperate with APHIS in 
controlling and preventing the introduction and dissemination of animal 
diseases. Accredited veterinarians use their

[[Page 599]]

professional training in veterinary medicine to perform certain 
regulatory tasks. One of these regulatory tasks is preparing official 
documents, including certificates, forms, records, and reports and 
submitting such documents to APHIS. Currently, only a hand written 
signature of an accredited veterinarian is acceptable.
    APHIS is proposing to allow accredited veterinarians to use digital 
signatures in place of hand written signatures. Allowing the electronic 
transmission of signed documents could benefit accredited veterinarians 
and the industries they serve by eliminating the time-consuming step of 
physical transmission from the accredited veterinarian to the VS area 
office and others involved in the process.
    An example of a document which accredited veterinarians must sign 
is an export health certificate. For the poultry industry, VS Form 17-
6, Certificate for Poultry or Hatching Eggs for Export, is used as an 
export health certificate. Currently, a VS Form 17-6 is processed as 
follows: the producer fills out information related to the exportation 
on the VS Form 17-6 and sends it to the accredited veterinarian; the 
accredited veterinarian fills out the information about the health of 
the poultry or eggs on the VS Form 17-6, including any required test 
information, signs the VS Form 17-6 and sends it to the VS area office; 
the APHIS veterinarian reviews and endorses the VS Form 17-6 and sends 
it back to the producer, who sends the VS Form 17-6 to the importing 
country. Throughout this process, there can be time delays and 
additional expenses incurred for mailing or special handling to move 
the certificate from one place to the next.
    With the use of digital signatures, the accredited veterinarian 
could receive, complete, and sign an automated document from the 
producer. The accredited veterinarian could electronically transmit the 
signed document to the VS area office. Therefore, this amendment would 
eliminate the need to pay couriers or package delivery companies and 
wait for delivery between the producers, accredited veterinarians, and 
the VS area office.
    The proposed rule change would provide an additional option for 
signing and submitting official certificates, forms, records, and 
reports. While not requiring that this option be exercised, there are 
potential savings for those accredited veterinarians who make use of 
this option. The delivery costs associated with these documents can 
vary widely based on the delivery method used. Therefore, we cannot 
accurately estimate the potential savings. However, we expect that the 
proposed rule change could be beneficial to accredited veterinarians 
and their clients, whether large or small.
    An alternative to this proposed rule is to make no changes in the 
regulations. We rejected this alternative because accredited 
veterinarians will not be required to use this alternative signature 
method.
    This proposed rule contains no new information collection or 
recordkeeping requirements.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent 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 new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects

9 CFR Part 160

    Veterinarians.

9 CFR Part 161

    Reporting and recordkeeping requirements, Veterinarians.
    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 2.22, 2.80, 
and 371.2(d).

    2. In Sec. 160.1, the definitions for issue and sign would be 
revised and the definition for approved digital signature would be 
added, in alphabetical order, to read as follows:


Sec. 160.1  Definitions.

* * * * *
    Approved digital signature. Digital signatures approved by the 
Administrator for electronic transmission, for example, via a computer. 
To be approved, a digital signature must be able to verify the identity 
of the accredited veterinarian signing the document and indicate if the 
integrity of the data in the signed document was compromised.
* * * * *
    Issue. The distribution, including electronic transmission, of an 
official animal health document that has been signed.
* * * * *
    Sign, (Signed). For an accredited veterinarian to put his or her 
signature in his or her own hand, or by means of an approved digital 
signature, 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, other than an approved digital 
signature, has been used to affix the signature.
* * * * *

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 2.22, 2.80, 
and 371.2(d).

    4. In Sec. 161.3 paragraph (j) would be revised to read as follows:


Sec. 161.3  Standards for accredited veterinarian duties.

* * * * *
    (j) An accredited veterinarian shall be responsible for the 
security and proper use of all official certificates, forms, records, 
and reports; tags, bands, or other identification devices; and approved 
digital signature capabilities used in his or her work as an accredited 
veterinarian and shall take reasonable care to prevent the misuse 
thereof. An accredited veterinarian shall immediately report to the 
Veterinarian-in-Charge the loss, theft, or deliberate or accidental 
misuse of any such certificate, form, record, or report; tag, band, or 
other identification device; or approved digital signature capability.
* * * * *

[[Page 600]]

    Done in Washington, DC, this 26th day of December 1996.
Al Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-177 Filed 1-3-97; 8:45 am]
BILLING CODE 3410-34-P