[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10562-10565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03718]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 160, 161, and 162

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


National Veterinary Accreditation Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending 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 adding and revising 
certain definitions and terms used in the regulations. These changes 
will update the program regulations.

DATES: Effective March 26, 2020.

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 by 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.
    On March 8, 2019, we published in the Federal Register (84 FR 8476-
8479, Docket No. APHIS-2017-0065) a proposal \1\ to amend the 
regulations governing the NVAP. We proposed to clarify the veterinary 
programs for which accredited veterinarians are authorized to perform 
duties under the AHPA and update certain definitions. We solicited 
comments concerning our proposal for 60 days ending May 7, 2019. We 
received five comments by that date. The comments were from 
veterinarians, State departments of agriculture, and a national 
veterinary medical association. The comments are discussed below.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0065.
---------------------------------------------------------------------------

General

    A commenter, an accredited veterinarian, expressed concern about 
administrative obstacles associated with performing NVAP-related tasks. 
The commenter stated that these obstacles are caused by States and 
asked that APHIS help reduce the amount of ``red tape'' that accredited 
veterinarians experience by encouraging reciprocity agreements between 
States and taking other actions to reduce burden.
    While APHIS works to minimize burden whenever practicable, we note 
that veterinary licensing requirements are controlled by, and specific 
to, individual States and vary according to the predominant animal 
industries and diseases of concern in a State, as well as each State's 
separate reporting and oversight requirements.

Definitions

    In Sec.  160.1, we proposed to revise the definition for Category I 
animals to clarify which animals fall under that category and revise 
the definition for Category II animals to read ``all animals.'' As we 
noted in the proposed rule, veterinarians accredited to work on 
Category II animals are authorized to perform duties on animals listed 
in both categories.
    A commenter recommended that we revise the definition of Category I 
animals by adding ``Select animals, excluding . . .'' and removing 
``All animals, except. . . .'' The commenter reasoned that the words 
``All animals'' should be used exclusively for Category II animals 
because the definition actually includes all animals.
    We acknowledge the commenter's reasoning but are making no changes 
to the proposed definitions. APHIS has been using the updated 
definitions in online training modules with no confusion observed as to 
which animals are included in each of the categories.
    We also proposed to replace the term Veterinarian-in-Charge with 
Program
    official in Sec. Sec.  160.1, 161.2(a), 161.4, 161.6(c), 162.11, 
and 162.12. We proposed this change to provide flexibility to cover 
changes to official titles in VS.
    A commenter representing a national veterinary medical association 
stated that the current term Veterinarian-in-Charge should not be 
replaced with the proposed term Program official. The commenter noted 
that, unlike Veterinarian-in-Charge, the title of Program official 
could conceivably be held by a non-veterinarian who lacks the knowledge 
and training required of a veterinarian to competently assess or 
oversee animal health. The commenter cited a historical correspondence 
in APHIS-VS between job titles and job descriptions and stated that a 
non-veterinarian should not be in a position to provide oversight of 
Federal or other accredited veterinarians.
    We agree with the commenter that officials designated to oversee

[[Page 10563]]

veterinarians and perform official veterinary duties on behalf of APHIS 
should be veterinarians and that titles should generally reflect that 
fact. Accordingly, in Sec.  160.1 and throughout subchapter J, we will 
not replace Veterinarian-in-Charge with Program official as proposed. 
Instead, we will remove all instances of Veterinarian-in-Charge and 
replace them with Veterinary Official. This change preserves the role 
of the veterinarian while allowing APHIS some flexibility in the duties 
of veterinarians holding the title. We will define Veterinary Official 
as the APHIS veterinarian who is assigned by the Administrator to 
supervise and perform the official work of APHIS in a State or group of 
States.

Accreditation Requirements

    Among the requirements for NVAP accreditation, 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 proposed adding to this 
requirement 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.
    Two commenters raised concerns about our proposal to require 
written permission from the State to confirm that an unlicensed 
veterinarian is legally able to practice veterinary medicine in that 
State.
    One of these commenters asked how APHIS would consider the status 
of an unlicensed laboratory animal veterinarian employed by a drug 
company when the company at which the veterinarian works is located in 
a State that excludes veterinarians who work on animals for their 
employer from the statutory definition of ``practice of veterinary 
medicine.'' The commenter stated that while a laboratory animal 
veterinarian is legally able to practice veterinary medicine at that 
company without a license, that person cannot get a letter from the 
State veterinary board allowing him or her to legally practice without 
a license because the State does not consider that veterinarian to be 
practicing veterinary medicine. The commenter recommended that APHIS 
accept a citation of the State statute exempting the lab veterinarian 
from licensing requirements in lieu of the State's written evidence 
permitting the veterinarian to legally practice veterinary medicine in 
that State without a license.
    The other commenter, representing a State department of 
agriculture, similarly questioned the need to provide written 
permission as evidence of being legally able to practice veterinary 
medicine in her State. The commenter noted that regulations in her 
State provide several written exemptions from licensure requirements 
for veterinarians, including those employed by schools, institutions, 
foundations, business corporations, or associations. According to the 
commenter, veterinarians working under one of these exemptions can 
practice without a license under certain conditions. Although these 
exemptions are authorized by State law, the commenter noted that there 
is no individual authorization of veterinarians by the State's 
veterinary licensing authority. Instead, the State maintains records of 
veterinarians within a database that is accessible to APHIS-VS. The 
commenter considered this record to serve the same purpose as the 
written permission requirement but noted that the proposed requirement, 
as written, would not be considered sufficient to allow unlicensed, 
exempted veterinarians in the State to continue to be accredited. The 
commenter recommended that APHIS remove the written permission 
requirement from proposed Sec. Sec.  161.1(e)(2) and 161.2(b), where it 
occurs in the same context.
    As both of these commenters have indicated, there are State-
specific regulations and practices that may not be compatible with our 
proposed requirement that the State provide written permission 
confirming that an unlicensed veterinarian is legally able to practice 
in that State. However, it is clear to us that the States discussed by 
the commenters have exemption provisions in place for unlicensed 
veterinarians to legally practice under certain conditions, and that 
there are different means by which APHIS can confirm an individual's 
status for the purposes of accreditation. Given these considerations, 
we are providing an additional means by which it can be shown that an 
unlicensed veterinarian is legally able to practice veterinary medicine 
in a State. While we are retaining written permission from the State as 
one means, APHIS' determination of a person's legal status to practice 
veterinary medicine in a State may also be obtained through reference 
to State statutes providing veterinary services for a veterinary 
employer such as a cooperative, corporation, laboratory, school, or 
other institution recognized by the State authority but not involving 
contact with animals owned by the public. We are revising Sec. Sec.  
161.1(e)(2) and 161.2(b) to include this option.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document. None of the changes to these 
regulations imposes new requirements.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This final 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. This rule is not an Executive 
Order 13771 regulatory action because this 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 
on the Regulations.gov website (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    The mission of the NVAP is to provide accredited veterinarians with 
the information they need to ensure the health of U.S. livestock, 
poultry, and other animal populations and to protect the public's 
health and well-being. APHIS is 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. The amendments do not impose new regulatory 
requirements.
    About 70,000 of the approximately 108,000 veterinarians in the 
United States are accredited by APHIS. 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, virtually all veterinarians are 
considered small entities. However, this rule will not impose new or 
additional burdens on APHIS accredited veterinarians or those 
veterinarians seeking accreditation. No economic impact is anticipated, 
as this is a purely administrative action.
    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.

[[Page 10564]]

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 final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this final 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.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

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 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 final rule, please contact Mr. Joseph Moxey, 
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 are amending 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 ``B, C, 
and D'' and adding ``B, C, D, and G'' in its place;
0
c. By adding, in alphabetical order, a definition for Authorization;
0
d. By revising the definitions of Category I animals, Category II 
animals, and Official certificate, form, record, report, tag, band, or 
other identification;
0
e. By removing the definition of Veterinarian-in-Charge; and
0
f. By adding, in alphabetical order, a definition for Veterinary 
Official.
    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 
of this chapter, 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 of this chapter, 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 regulations, or prescribed by a State form approved by the 
Administrator, for use by an accredited veterinarian performing 
official functions under this subchapter.
* * * * *
    Veterinary Official. The APHIS veterinarian 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 ``B, C, and D'' and adding ``B, 
C, D, and G'' in its 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 or given legal authority through State statute to provide 
veterinary services for a veterinary employer (such as a cooperative, 
corporation, laboratory, or other institution recognized by the State 
authority but not involving contact with animals owned by the public, 
or a college or school of veterinary medicine). Such authorizations may 
limit accredited duties to specific geographical areas and/or 
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 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 
removing the words ``Veterinarian-in-Charge'' each time they occur and 
adding the words ``Veterinary 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.

[[Page 10565]]

    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 
otherwise permitted by the State's veterinary licensing authority 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 ``Veterinary 
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 ``Veterinary 
Official'' in their place.


Sec.  161.7  [Amended]

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


Sec. Sec.  162.11, 162.12, and 162.13  [Amended]

0
10. Sections 162.11, 162.12, and 162.13 are amended by removing the 
words ``Veterinarian-in-Charge'' each time they occur and adding the 
words ``Veterinary Official'' in their place.

    Done in Washington, DC, this 19th day of February 2020.
 Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-03718 Filed 2-24-20; 8:45 am]
BILLING CODE 3410-34-P