Administrative Changes to the Regulations Governing the National Veterinary Accreditation Program
| Published date | 08 March 2019 |
| Citation | 84 FR 8476 |
| Record Number | 2019-04166 |
| Section | Proposed rules |
| Court | Agriculture Department,Animal And Plant Health Inspection Service |
Federal Register, Volume 84 Issue 46 (Friday, March 8, 2019)
[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
________________________________________________________________________
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.
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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]
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