[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Rules and Regulations]
[Pages 25444-25445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12084]
[[Page 25444]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 160 and 161
[Docket No. 96-075-2]
Accredited Veterinarians; Optional Digital Signature
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations 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. Before the publication of this document, we
required hand written signatures on all such documents. We believe that
accepting digital signatures will benefit accredited veterinarians and
the industries they serve by reducing the turnaround time for these
documents. This action relieves restrictions that appear to be
unnecessary.
EFFECTIVE DATE: May 9, 1997.
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. Before the publication of this
document, we required a hand written signature by the accredited
veterinarian on all official certificates, forms, records, and reports.
On January 6, 1997, we published in the Federal Register (62 FR
597-600, Docket No. 96-075-1) a proposal to amend the regulations by
allowing 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 solicited comments concerning our proposal for 60 days ending
March 7, 1997. We received two comments by that date. They were from
industry representatives. Both responses were in favor of our proposal
to accept digital signatures from accredited veterinarians.
The commenters both supported our proposal and agreed that the
acceptance of digital signatures and electronically transmitted
documents will expedite document creation and processing and benefit
all parties by saving time and money.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. The current method of delivering certificates is time
consuming and expensive. The optional use of digital signatures and
electronic transmissions will save both time and money and expedite
exports. Therefore, the Administrator of the Animal and Plant Health
Inspection Service has determined that this rule should be effective
upon publication in the Federal Register.
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 do not have enough data for a comprehensive analysis of the
economic impacts of this final rule on small entities. Therefore, in
accordance with 5 U.S.C. 601 et seq., we have performed a Final
Regulatory Flexibility Analysis, set forth below, regarding the
economic effect of this rule on small entities.
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 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. Before the publication of this document, only a hand written
signature of an accredited veterinarian was acceptable.
We are amending the regulations to allow accredited veterinarians
to use digital signatures in place of hand written signatures. Allowing
the electronic transmission of signed documents will 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. Before the publication of this document, a
VS Form 17-6 was processed as follows: The producer filled out
information related to the exportation on the VS Form 17-6 and sent it
to the accredited veterinarian; the accredited veterinarian filled out
the information about the health of the poultry or eggs on the VS Form
17-6, including any required test information, signed the VS Form 17-6
and sent it to the VS area office; the APHIS veterinarian reviewed and
endorsed the VS Form 17-6 and sent it back to the producer, who sent
the VS Form 17-6 to the importing country. Throughout this process,
there could have been 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 can
receive, complete, and sign an automated document from the producer.
The accredited veterinarian can electronically transmit the signed
document to the VS area office. Therefore, this amendment eliminates
[[Page 25445]]
the need to pay couriers or package delivery companies and wait for
delivery between the producers, accredited veterinarians, and the VS
area office.
This rule provides 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 this rule will benefit
accredited veterinarians and their clients, whether large or small.
An alternative to this rule was 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 rule contains no new information collection or recordkeeping
requirements.
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 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent 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
This 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 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 2.22, 2.80,
and 371.2(d).
2. In Sec. 160.1, the definitions for issue and sign are revised
and the definition for approved digital signature is 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 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 2.22, 2.80,
and 371.2(d).
4. In Sec. 161.3 paragraph (j) is 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.
* * * * *
Done in Washington, DC, this 5th day of May 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-12084 Filed 5-8-97; 8:45 am]
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