[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Proposed Rules]
[Pages 8476-8479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04166]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Proposed 
Rules  

[[Page 8476]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 160, 161, and 162

[Docket No. APHIS-2017-0065]
RIN 0579-AE40


Administrative Changes to the Regulations Governing the National 
Veterinary Accreditation Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the regulations governing the 
National Veterinary Accreditation Program by clarifying the veterinary 
programs for which accredited veterinarians are authorized to perform 
duties under the Animal Health Protection Act. We are also proposing to 
add or revise certain definitions and terms used in the regulations. 
The changes we propose would update the program regulations.

DATES: We will consider all comments that we receive on or before May 
7, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0065.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2017-0065, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2017-
0065 or in our reading room, which is located in Room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW, Washington, DC. 
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Todd Behre, Coordinator, National Veterinary Accreditation 
Program; National Animal Disease Traceability and Veterinary 
Accreditation Center, APHIS Veterinary Services; (518) 281-2157; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under the Animal Health Protection Act, or AHPA (7 U.S.C. 8301 et 
seq.), the Secretary of Agriculture is authorized to protect the health 
of U.S. livestock by preventing the introduction and interstate spread 
of diseases and pests of livestock and for eradicating such diseases 
from the United States when feasible. The Secretary may also establish 
a veterinary accreditation program consistent with the AHPA, which 
includes standards of conduct for accredited veterinarians. The 
administration of this program, known as the National Veterinary 
Accreditation Program (NVAP), has been delegated to the Animal and 
Plant Health Inspection Service (APHIS), Veterinary Services (VS). The 
NVAP allows private practitioners, once accredited by APHIS, to assist 
Federal veterinarians with performing certain tasks to control and 
prevent the spread of animal diseases throughout the United States and 
internationally.
    Title 9 of the Code of Federal Regulations (CFR), chapter I, 
subchapter J (parts 160 through 162, referred to below as the 
regulations) contains regulations for accreditation of veterinarians 
and suspension or revocation of accreditation. Part 160 contains 
definitions pertaining to the NVAP. Part 161 includes standards for 
accredited veterinarians, conditions for veterinary accreditation 
application, renewal, revocation and suspension, and provisions for 
program certification of accredited veterinarians. Part 162, subpart A, 
describes the scope and applicability of the rules of practice for 
proceedings for the revocation or suspension of accreditation of 
veterinarians as provided in parts 160 and 161. Part 162, subpart B, 
provides supplemental rules of practice for summary suspension or 
revocation of accreditation of veterinarians. Under subpart B, the 
Administrator may summarily suspend the accreditation of a veterinarian 
where there is reason to believe that the veterinarian has knowingly 
violated the AHPA.
    Although we are proposing several changes to parts 160 through 162, 
none of the changes we propose to make imposes new regulatory 
requirements. The purpose of the changes is to clarify and update the 
NVAP regulations.

Additions and Changes to Definitions

    In Sec.  160.1, accredited veterinarian is currently defined as a 
veterinarian approved by the Administrator in accordance with the 
provisions of part 161 of subchapter J to perform functions specified 
in subchapters B, C, and D of chapter I.
    We propose to amend the definition of accredited veterinarian so 
that it lists all subchapters in 9 CFR chapter I under which accredited 
veterinarians may perform duties consistent with the AHPA. 
Specifically, we would reference subchapter G, ``Livestock 
Improvement,'' in the definition along with subchapters B, C, and D 
currently listed in the definition. Subchapter G includes programs 
constituting the National Poultry Improvement Plan and the Voluntary 
Trichinae Certification Program, both of which derive their authority 
from the AHPA. We would also reference subchapter G along with 
subchapters B, C, and D in Sec. Sec.  161.1(g)(2)(xi) and 161.7(a). We 
propose to make this change to ensure that the regulations contain an 
accurate record of all programs covered under the AHPA, but we do not 
expect the change to affect the current status of these programs under 
subchapter G with respect to administration or staffing.
    The terms ``accreditation'' and ``authorization,'' as used in 
current Sec.  161.2, have distinct meanings. ``Accreditation'' means 
the action of the Administrator initially approving a veterinarian in 
accordance with the provisions of part 161 to perform functions in one 
State, while ``authorization'' means the action of the Administrator 
approving an accredited veterinarian in accordance with the provisions 
of part 161 to perform functions in a State or States other than the 
State in which the veterinarian was initially accredited.
    Some stakeholders have been confused as to the distinction between 
the two terms. For this reason, we propose to add definitions for

[[Page 8477]]

accreditation and authorization to Sec.  160.1. If an accredited 
veterinarian wishes to perform accredited duties in a State other than 
the State in which that veterinarian was initially accredited, he or 
she must complete an application to request authorization to perform 
accredited duties in the new State from the Veterinarian-in-Charge of 
that State. Although accreditation is a one-time action and valid 
nationally, an accredited veterinarian may not perform accredited 
duties in a State other than the one in which he or she was initially 
accredited until APHIS provides the authorization to perform accredited 
duties in the additional State.
    To further underscore the distinction between accreditation and 
authorization, we also propose to add a definition for authorization to 
mean the action of the Administrator approving an accredited 
veterinarian in accordance with the provisions of part 161 to perform 
functions specified in subchapters B, C, D, and G, in a State or States 
other than the State in which the veterinarian was initially 
accredited.
    Accredited veterinarians are assigned to one of two categories 
under which they are authorized to perform accredited duties on certain 
types of animals. As noted in Sec.  161.1(b) of the current 
regulations, those accredited under Category I are authorized to 
perform duties on Category I animals only, while veterinarians 
accredited under Category II are authorized to perform duties on 
animals listed in both Category I and Category II. Category I animals 
are currently defined as ``any animals other than Category II animals, 
e.g., cats and dogs,'' and Category II animals are defined as ``food 
and fiber animal species; horses; birds; farm-raised aquatic animals; 
all other livestock species; and zoo animals that can transmit exotic 
animal diseases to livestock.''
    In Sec.  160.1, we propose to revise the current definition for 
Category I animals to address confusion voiced by stakeholders as to 
which animals fall under that category, as the current definition of 
Category I animals does not actually list the animals covered. The 
revised definition for Category I animals would state ``All animals 
except: Food and fiber species, horses, birds, farm-raised aquatic 
animals, all other livestock species, and zoo animals that can transmit 
exotic animal diseases to livestock.'' Accordingly, we would revise the 
definition for Category II animals to include ``all animals.'' This 
helps to clarify the point that veterinarians accredited under Category 
II may perform duties on all animal species.
    In Sec.  160.1, official certificate, form, record, report, tag, 
band, or other identification is currently defined as any certificate, 
form, record, report, tag, band, or other identification, prescribed by 
statute or by regulations issued by the Administrator, for use by an 
accredited veterinarian performing official functions.
    We propose to amend that definition by adding ``document'' and 
``seal'' to the term and revising the definition to read ``Any 
certificate, document, seal, form, record, report, tag, band, or other 
identification, prescribed by statute or by regulations issued or a 
State form approved by the Administrator, for use by an accredited 
veterinarian performing official functions under this subchapter.'' We 
are proposing this change in order to reflect the current use of State-
issued documents and seals approved by the Administrator by an 
accredited veterinarian performing official functions.
    In Sec. Sec.  160.1, 161.2(a), 161.4, 161.6(c), 162.11, and 162.12 
of the regulations, the veterinary official of APHIS assigned by the 
Administrator to supervise and perform the official work of APHIS in a 
State or group of States is currently referred to as the Veterinarian-
in-Charge.
    We propose to replace the term Veterinarian-in-Charge with Program 
official in each of the above sections and paragraphs noted. This 
proposed change provides the flexibility to cover changes to official 
titles in VS.

Other Changes

    Section 161.1 includes accreditation requirements and application 
procedures for veterinary accreditation. An accreditation requirement 
in paragraph Sec.  161.1(e)(2) states in part that the veterinarian 
must be ``licensed or legally able to practice veterinary medicine in 
the State in which the veterinarian wishes to perform accredited 
duties.'' We would amend this requirement in order to clarify that an 
unlicensed veterinarian is legally able to practice veterinary medicine 
in a State provided that the veterinarian is granted written permission 
to do so by that State's veterinary licensing authority.
    Another accreditation requirement includes participation in an 
orientation that covers animal health regulations, disease control 
programs, and ethical responsibilities. The introduction to these 
topics in Sec.  161.1(e)(4) refers to a ``core orientation program.'' 
For consistency with other references to the orientation program in the 
regulations, we propose to remove the word ``core.''
    Section 161.2, ``Performance of accredited duties in different 
States,'' requires that an accredited veterinarian wishing to perform 
accredited duties in a State other than the State in which he or she 
was initially accredited complete an application to request 
authorization to perform accredited duties in the new State. We propose 
to replace all references to ``new'' State in Sec.  161.2 to 
``additional'' State and replace ``different'' with ``additional'' in 
the section heading. This replacement would improve consistency of 
language within the regulations with no new requirements.
    Section 161.2(b) requires that an accredited veterinarian not 
perform accredited duties in a State in which he or she is not licensed 
or legally able to practice veterinary medicine. We propose to amend 
paragraph Sec.  161.2(b) to clarify that VS may accept documentation 
issued by a State's veterinary licensing authority as a basis to verify 
the accreditation eligibility of unlicensed veterinarians in the same 
way that a license serves to verify eligibility for licensed 
veterinarians. The proposed change would state that ``an accredited 
veterinarian may not perform accredited duties in a State in which the 
accredited veterinarian is not licensed or in possession of a document 
from the State's veterinary licensing authority that he or she is 
legally able to practice veterinary medicine in that State without a 
license.''

Executive Orders 13771 and 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purpose of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget. This proposed rule is 
not expected to be an Executive Order 13771 regulatory action because 
the proposed rule is not significant under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov website (see ADDRESSES above for instructions 
for accessing Regulations.gov).
    The mission of the NVAP is to provide accredited veterinarians with 
the information they need to ensure the health of the nation's 
livestock and animal population and to protect public health and well-
being. APHIS relies on

[[Page 8478]]

accredited veterinarians to carry out many program duties.
    APHIS is not proposing new regulatory requirements, but rather 
amending the regulations governing the NVAP by adding, updating, or 
clarifying certain definitions and terminology in 9 CFR parts 160, 161, 
and 162 that pertain to veterinary accreditation.
    There are approximately 108,000 veterinarians in the United States, 
of which about 69,000 are accredited under the NVAP. According to the 
Small Business Administration, entities that provide veterinary 
services (classified under NAICS 541940) are considered to be small if 
they have $7,500,000 or less in annual receipts. Therefore, many 
veterinarians would be considered small entities. However, because this 
action amends and clarifies definitions for the NVAP and is purely 
administrative, it would not impose new or additional burdens on APHIS 
accredited veterinarians or those veterinarians seeking accreditation. 
Thus, no economic impact is anticipated.
    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 2 CFR chapter IV.)

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 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 section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection 
requirements included in this proposed rule are approved by the Office 
of Management and Budget (OMB) under OMB control number 0579-0297.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.

List of Subjects in 9 CFR Parts 160, 161, and 162

    Administrative practice and procedure, Reporting and recordkeeping 
requirements, Veterinarians.

    Accordingly, we propose to amend 9 CFR parts 160, 161, and 162 as 
follows:

PART 160--DEFINITION OF TERMS

0
1. The authority citation for part 160 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 
2.80, and 371.4.

0
2. Section 160.1 is amended as follows.
0
a. By adding, in alphabetical order, a definition for Accreditation;
0
b. In the definition of Accredited veterinarian, by removing the words 
``B, C, and D'' and adding the words ``B, C, D, and G'' in their place;
0
c. By adding in alphabetical order a definition for Authorization;
0
d. By revising the definitions of Category I animals and Category II 
animals;
0
e. By revising the definition of Official certificate, form, record, 
report, tag, band, or other identification;
0
f. By adding in alphabetical order a definition for Program official; 
and
0
g. By removing the definition of Veterinarian-in-Charge.
    The additions and revisions read as follows:


Sec.  160.1  Definitions.

* * * * *
    Accreditation. The action of the Administrator initially approving 
a veterinarian in accordance with the provisions of part 161 of this 
subchapter to perform functions specified in subchapters B, C, D, and 
G, in one State.
* * * * *
    Authorization. The action of the Administrator approving an 
accredited veterinarian in accordance with the provisions of part 161 
of this subchapter to perform functions specified in subchapters B, C, 
D, and G, in a State or States other than the State in which the 
veterinarian was initially accredited.
* * * * *
    Category I animals. All animals except: Food and fiber species, 
horses, birds, farm[hyphen]raised aquatic animals, all other livestock 
species, and zoo animals that can transmit exotic animal diseases to 
livestock.
    Category II animals. All animals.
* * * * *
    Official certificate, document, seal, form, record, report, tag, 
band, or other identification. Any certificate, document, seal, form, 
record, report, tag, band, or other identification, prescribed by 
statute or by regulations issued or a State form approved by the 
Administrator, for use by an accredited veterinarian performing 
official functions under this subchapter.
    Program official. The veterinary official of APHIS who is assigned 
by the Administrator to supervise and perform the official work of 
APHIS in a State or group of States.
* * * * *

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

0
3. The authority citation for part 161 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 
2.80, and 371.4.
0
4. Section 161.1 is amended as follows:
0
a. By revising paragraph (e)(2);
0
b. In paragraph (e)(4) introductory text by removing the word ``core''; 
and
0
c. In paragraph (g)(2)(xi) by removing the words ``B, C, and D'' and 
adding the words ``B, C, D, and G'' in their place.
    The revision reads as follows:


Sec.  161.1  Statement of purpose; requirements and application 
procedures for accreditation.

* * * * *
    (e) * * *
    (2) The veterinarian is licensed to practice veterinary medicine in 
the State in which the veterinarian wishes to perform accredited 
duties. An unlicensed veterinarian is legally able to practice 
veterinary medicine in a State provided that the veterinarian is 
granted written authorization by that State's veterinary licensing 
authority, but such authorization may limit practice to specific 
geographical areas and activities within the State. APHIS will confirm 
the licensing or legal status of the applicant by contacting the State 
board of veterinary medical examiners or any similar State organization 
that maintains records of veterinarians

[[Page 8479]]

licensed or otherwise legally able to practice in a State;
* * * * *
0
5. Section 161.2 is amended as follows:
0
a. By revising the section heading;
0
b. In paragraph (a) by removing the words ``new State'' each time they 
occur and adding the words ``additional State'' in their place and by 
removing the words ``Veterinarian-in-Charge'' each time they occur and 
adding the words ``Program official'' in their place;
0
c. By revising paragraph (b); and
0
d. In paragraph (c) by removing the words ``new State'' and adding the 
words ``additional State'' in their place.
    The revisions read as follows:


Sec.  161.2  Performance of accredited duties in additional States.

* * * * *
    (b) An accredited veterinarian may not perform accredited duties in 
a State in which the accredited veterinarian is not licensed or in 
possession of a document from the State's veterinary licensing 
authority indicating that he or she is legally able to practice 
veterinary medicine in that State without a license.
* * * * *


Sec.  161.4   [Amended]

0
6. Section 161.4 is amended by removing the words ``Veterinarian-in-
Charge'' each time they occur and adding the words ``Program official'' 
in their place.


Sec.  161.6   [Amended]

0
7. Section 161.6 is amended by removing the words ``Veterinarian-in-
Charge'' each time they occur and adding the words ``Program official'' 
in their place.


Sec.  161.7   [Amended]

0
8. In Sec.  161.7 paragraph (a) is amended by removing the words ``B, 
C, and D'' and adding the words ``B, C, D, and G'' in their place.

PART 162--RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF 
VETERINARIANS' ACCREDITATION

0
9. The authority citation for part 162 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 
2.80, and 371.4.

Subpart B [Amended]

0
10. Subpart B is amended by removing the words ``Veterinarian-in-
Charge'' each time they occur and adding the words ``Program official'' 
in their place.

    Done in Washington, DC, this 4th day of March 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-04166 Filed 3-7-19; 8:45 am]
 BILLING CODE 3410-34-P