[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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