[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Pages 64998-65013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29253]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 149, 160, 161, and 162

[Docket No. APHIS-2006-0093]
RIN 0579-AC04


National Veterinary Accreditation Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the regulations regarding the National 
Veterinary Accreditation Program to establish two accreditation 
categories in place of the former single category, to add requirements 
for supplemental training and renewal of accreditation, and to offer 
program certifications. We are making these changes in order to support 
the Agency's animal health safeguarding initiatives, to involve 
accredited veterinarians in integrated surveillance activities, and to 
make the provisions governing our National Veterinary Accreditation 
Program more uniform and consistent. These changes will increase the 
level of training and skill of accredited veterinarians in the areas of 
disease prevention and preparedness for animal health emergencies in 
the United States.

EFFECTIVE DATE: February 1, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Todd Behre, National Veterinary 
Accreditation Program, VS, APHIS, 4700 River Road Unit 200, Riverdale, 
MD 20737; (301) 734-0853.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR chapter I, subchapter J (parts 160 through 
162, referred to below as the regulations), govern the accreditation of 
veterinarians and the suspension and revocation of such accreditation. 
These regulations are the foundation for the National Veterinary 
Accreditation Program (NVAP). Accredited veterinarians are approved by 
the Administrator of the Animal and Plant Health Inspection Service 
(APHIS), United States Department of Agriculture (USDA), to perform 
certain regulatory tasks to control and prevent the spread of animal 
diseases throughout the United States and internationally.
    We published a proposal to amend the regulations in the Federal 
Register on June 1, 2006 (71 FR 31109-31121, Docket No. APHIS-2006-
0093). We proposed to establish two accreditation categories (Category 
I and Category II) in place of the current single category, to add 
requirements for supplemental training and renewal of accreditation 
every 3 years, and to provide for accreditation specializations.
    We solicited comments concerning our proposal for 60 days ending 
July 31, 2006. We received 23 comments by that date. They were from 
State departments of agriculture, veterinary medical associations, 
universities, and individual veterinarians.
    In the process of considering the comments we received, we 
identified four changes that we believed would improve the June 2006 
proposed rule. On February 27, 2007, we published a supplemental 
proposed rule \1\ in order to take public comment on these four changes 
(72 FR 8634-8639). We amended the June 2006 proposal by changing the 
scope of Category I and Category II accreditation; requiring initial 
accreditation training for all veterinarians seeking accreditation; 
requiring newly accredited veterinarians to renew their accreditation 
within 3 years of the initial accreditation training; and reducing the 
amount of training required for renewal of accreditation.
---------------------------------------------------------------------------

    \1\ To view the June 2006 proposed rule, the February 2007 
supplemental proposal, and the comments we received on both rules, 
go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0093).
---------------------------------------------------------------------------

    We solicited comments concerning the supplemental proposal for 60 
days ending April 30, 2007. We received 15 comments by that date. They 
were from a State department of agriculture, a veterinary medical 
association, and individual veterinarians.
    The comments on both the June 2006 proposal and the February 2007 
supplemental proposal are discussed below by topic.

General Comments

    One commenter stated that safeguarding the health of animals would 
best be done through owner education and training, not through 
regulations. Another commenter stated that education of veterinarians 
should be performed by the Department of Education, rather than APHIS.
    APHIS has been given the authority to establish the NVAP under the 
Animal Health Protection Act (7 U.S.C. 8301 et seq.). The NVAP is 
necessary to ensure that tasks associated with the health of livestock, 
such as participating in disease surveillance, issuing animal health 
certificates, and conducting APHIS-Veterinary Services program 
activities, are performed by qualified individuals. Owner education and 
training, while important to overall veterinary health, cannot provide 
assurance that qualified individuals perform such tasks.
    One commenter asked us to include specific language in the 
regulations stating that the accreditation program will be implemented, 
maintained, and amended in cooperation with State animal health 
officials.
    The regulations provide for consultation with State animal health 
officials in developing orientation materials and reviewing 
applications for accreditation. We did not propose to change those 
provisions; they are included in paragraphs (e)(4) and (d), 
respectively, of Sec.  161.1 in this final rule. We consult with State 
animal health officials routinely on matters affecting the NVAP; it 
would be impossible to administer the program without their 
cooperation. We do not believe it is necessary to add a specific 
statement about that cooperation to the regulations.
    One commenter stated that accreditation should be a national 
program; once a veterinarian is authorized to perform accredited duties 
in one State, that veterinarian should be authorized in every State in 
which the veterinarian is eligible to practice veterinary medicine.
    Every State has a different orientation program that addresses 
animal disease issues unique to that State; as mentioned earlier, State 
animal health officials are invited to contribute to the development of 
this orientation program. We consider providing State-specific 
information in the orientation to be important to the success of the 
NVAP. We are making no changes in response to this comment.
    One commenter recommended that we consider streamlining the process 
for authorizing the performance of accredited duties in a new State in 
a disease emergency situation, assuming the veterinarians are licensed 
to practice veterinary medicine in the new State.
    We agree with the commenter that it is important to ensure the 
availability of accredited veterinarians to respond to disease 
emergencies. The new

[[Page 64999]]

accreditation process we are developing will allow for rapid 
accreditation of veterinarians to perform accredited duties in new 
States when necessary. In addition, when veterinarians are hired on a 
full-time, temporary basis by APHIS or by a State to participate in 
disease response efforts, those veterinarians may perform accredited 
duties in any State without being accredited in that State, as full-
time Federal and State veterinarians may perform accredited duties 
without being accredited under 9 CFR part 161.

Category I and Category II Accreditation

    In the June 2006 proposal, we proposed to establish two categories 
for accreditation: Category I, which was limited in scope to companion 
animals and related activities, and Category II, which encompassed all 
animal species and accredited activities. The addition of Category I 
was intended to allow for the accreditation of veterinarians who can 
complete certificates for the international movement of companion 
animals, diagnose exotic animal diseases in companion animals, and 
perform veterinary tasks during animal disease emergencies.
    We received several comments on our June 2006 proposal that asked 
for clarification regarding various aspects of the scope of duties that 
Category I and Category II accredited veterinarians would be authorized 
to perform, as well as comments on what tasks Category I and Category 
II veterinarians should be able to perform. Two commenters noted that 
the phrase ``commonly kept as pets'' in our proposed definition of 
companion animals appeared to exclude exotic animals and nontraditional 
pets, such as hedgehogs, falcons, or primates, that are sometimes 
brought to veterinarians for health certificates; it was not clear 
which category of veterinarians would have been authorized to perform 
accredited duties on such species. One commenter asked which category 
of accreditation would be appropriate for zoo veterinarians. Regarding 
the tasks Category I and Category II veterinarians would have been 
required to be able to perform, one commenter recommended that Category 
I veterinarians be able to develop flock health plans for bird flocks, 
a task that we had only proposed to require for Category II 
veterinarians.
    These comments led us to reconsider the division between Category I 
and Category II. In the February 2007 supplemental proposal, we amended 
the June 2006 proposal so that Category I veterinarians would be 
authorized to perform accredited duties only on animals other than food 
and fiber animals, horses, farm-raised fish, poultry, all other 
livestock, birds, and zoo animals that could transmit exotic animal 
diseases to livestock. The listed animals are susceptible to animal 
diseases that can infect livestock and that are subject to APHIS 
control or eradication programs. Requiring that veterinarians 
performing accredited duties on those animals be accredited under 
Category II would ensure that the veterinarians have the necessary 
training to recognize symptoms of those diseases and the necessary 
knowledge and skills to take appropriate action.
    The February 2007 supplemental proposal referred to the animals on 
which Category I veterinarians would have been able to perform 
accredited duties as nonregulated animals; that document proposed to 
add a definition of nonregulated animals in Sec.  160.1 and replaced 
all the references to companion animals in the June 2006 proposed rule 
with references to nonregulated animals. Our definition of nonregulated 
animals indicated that dogs and cats were examples of nonregulated 
animals. The February 2007 proposal also indicated that Category II 
accredited veterinarians would be authorized to perform accredited 
duties on all animals, both regulated and nonregulated.
    These changes addressed the comments on the June 2006 proposal. 
Hedgehogs and primates were now clearly classified as Category I 
animals, while falcons, being birds, were classified as Category II 
animals. Zoo veterinarians who work with animals that could transmit 
exotic animal diseases to livestock would have to be accredited under 
Category II; other zoo veterinarians could be accredited under Category 
I. A veterinarian who worked with birds would have to be accredited 
under Category II, and thus would have to be able to develop a flock 
health plan under proposed Sec.  161.1(g)(2)(xi).
    We received several comments on the changes in the February 2007 
supplemental proposal. In response to these comments, we now include 
definitions of ``Category I animals'' and ``Category II animals'' 
rather than regulated animals and nonregulated animals, to avoid any 
confusion about the meaning of the term ``regulated.'' We have replaced 
references to regulated animals and nonregulated animals with 
references to Category I and Category II animals, respectively, in the 
regulatory text.
    We have also further refined the distinction between Category I and 
Category II animals. This final rule includes a definition of Category 
II animals that reads as follows: ``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.'' The definition of Category I animals in this final rule 
reads: ``Any animals other than Category II animals, e.g., cats and 
dogs.''
    This final rule indicates that Category I veterinarians may perform 
accredited duties on Category I animals, while Category II 
veterinarians may perform accredited duties on both Category I and 
Category II animals.
    The comments we received on this issue in response to the 
supplemental proposal are addressed below.
    Two commenters questioned whether nonregulated animals was the most 
appropriate term that could be used to refer to this class of animals. 
One commenter stated that the fact that these animals are not included 
in an APHIS-Veterinary Services regulatory program does not necessarily 
mean that the animals are ``unregulated.'' If these animals were 
imported, the commenter stated, they most likely had to comply with 
regulations in order to get into the country. If they are native, they 
may not be covered by an APHIS program, but they may be included in a 
State animal health or public health program. Using the term 
``nonregulated animals,'' this commenter stated, will result in a 
significant level of confusion and misunderstanding by accredited 
veterinarians, animal owners and producers, and USDA and State animal 
health officials. The commenter suggested using some other term to 
differentiate these animals from livestock or carefully specifying that 
``nonregulated'' applies only to regulation by USDA and that there may 
be regulation on some of these species at the State level and the 
international level.
    The second commenter stated that it will cause confusion if APHIS 
tells veterinarians, animal owners, and the public that APHIS is 
promulgating rules for nonregulated animals. The commenter also stated 
that defining nonregulated animals through exclusion (``other than'') 
and the same time by inclusion (``all other livestock, birds, 
[hellip]'') is confusing.
    We agree with these commenters. Thus, we have changed the terms we 
use in this final rule to Category I animals and Category II animals, 
as described earlier. In addition we agree with the second point made 
by the second commenter, which is why we have added definitions of both 
Category I animals and Category II animals in this final rule and 
defined Category I

[[Page 65000]]

animals as animals other than Category II animals.
    One commenter addressed the distinction between livestock and other 
animals. The commenter was concerned that many animals are bred, grown, 
or otherwise ``cultured,'' and thus could conceivably be considered 
``livestock,'' but are not kept for food, feed, or fiber; rather, they 
are used as pet, ornamental, display, or companion animals. The 
commenter recommended that we indicate in the regulations that Category 
I veterinarians would be allowed to perform accredited duties on pet, 
ornamental, display, or companion animals.
    Another commenter noted that the supplemental proposal stated that 
the term ``livestock'' refers to all farm-raised animals. The commenter 
stated that many thousands of producers of various species of native 
and exotic hoofstock and other wildlife species do not consider 
themselves to be farmers and do not consider their animals to be farm-
raised animals. Likewise, these animals are not considered to be zoo 
animals, since they are not raised in zoos or animal parks. The 
commenter stated that while APHIS may have an understanding that all of 
these animals come under the loose definition of ``livestock'' in the 
Animal Health Protection Act, the persons who would have to comply with 
the regulations may not have that understanding. The commenter urged 
that the proposed regulations be amended to clarify the definition of 
nonregulated animals relative to native and non-native hoofstock, other 
wildlife species that are housed on farms, ranches or other facilities, 
and zoo animals that are not housed on zoos or zoological parks.
    The Animal Health Protection Act defines livestock as ``all farm-
raised animals.'' We recognize that it will be difficult to clearly 
define what is and is not a farm in some circumstances. In general, a 
typical farm is one on which food and fiber species are raised for 
agricultural purposes. We would not consider a canine breeding facility 
to be a farm, for example. By emphasizing food and fiber species, we 
believe the definition of Category II animals helps to clarify our 
intent.
    However, it would be inappropriate to revise the definition of 
Category I animals to refer to pet, ornamental, display, or companion 
animals. For example, pet birds are not bred for food or fiber, but 
they can transmit avian diseases such as avian influenza or exotic 
Newcastle disease to poultry. Similarly, pot-bellied pigs are 
susceptible to the same diseases as farm-raised swine, such as 
pseudorabies. Because of this, we believe that veterinarians performing 
accredited duties on pet birds, and livestock species that are raised 
for purposes other than food or fiber, should be required to be 
accredited under Category II.
    In response to the second commenter, wildlife species that are 
raised for food or fiber, such as captive cervids, are included in the 
definition of Category II animals. Similarly, zoo animals that are 
imported under the regulations in 9 CFR 93.404(c) pose a risk of 
transmitting foot-and-mouth disease or rinderpest to U.S. livestock, 
and in fact are only allowed to be exhibited at specific approved zoos. 
We believe the definition of Category II animals is clear on these 
points. We will communicate to accredited veterinarians that the 
definition of Category II animals includes non-traditional food and 
fiber species such as cervids.
    One commenter stated that Category I veterinarians should be able 
to issue certificates of veterinary inspection for pet birds, rabbits, 
pocket pet rodents, and other ``minor species.''
    The February 2007 supplemental proposal specifically indicated that 
veterinarians would need Category II accreditation to perform 
accredited duties on pet birds, because of the potential for avian 
diseases to spread from pet birds to poultry. The commenter did not 
give any reasons why Category I accreditation would be sufficient for 
performing accredited duties on pet birds. Rabbits and pocket pet 
rodents would both be types of animals on which a Category I accredited 
veterinarian could perform accredited duties. We have made no changes 
to the proposed regulations in response to this comment.
    One commenter stated that Category I veterinarians should be able 
to perform accredited duties on horses. The commenter, a companion 
animal veterinarian, stated that she commonly writes health 
certificates for horses as well as dogs and cats, and draws blood 
samples for Coggins tests for horses. The commenter stated that she 
does not inspect exotic animals or food animals. The commenter further 
stated that horses were treated as companion animals in her veterinary 
school education, meaning that many other veterinarians also consider 
horses to be companion animals. Finally, the commenter stated, zoonotic 
disease potential in horses is similar to that in dogs and cats; horses 
are not, under most circumstances, a threat to our food supply.
    It would be inappropriate to categorize horses as Category I 
animals in this final rule because APHIS-Veterinary Services recognizes 
horses as livestock and regulates their importation and interstate 
movement to prevent the introduction and spread of equine diseases. For 
example, the regulations in Sec.  75.4 regulate the interstate movement 
of horses that are reactors to equine infectious anemia. In addition, 
the regulations in 9 CFR part 93, subpart C, set out requirements for 
the importation of horses, and APHIS recently undertook an emergency 
disease response when contagious equine metritis was found in 
Wisconsin. For this reason, we have determined that it is necessary for 
veterinarians who perform accredited duties on horses to be accredited 
under Category II.
    One commenter, responding to the term ``farm-raised fish'' that was 
used in the definition of nonregulated animals in the February 2007 
supplemental proposal, stated that ``aquatic animals'' was a more 
inclusive term and thus more appropriate.
    We agree, and we refer to ``farm-raised aquatic animals'' in the 
definition of Category II animals in this final rule.
    We also received some general comments about our proposal to 
establish two accreditation categories.
    One commenter objected to the proposed accreditation categories, 
stating that no other country in the world has two classes of 
veterinarians. Another commenter, a veterinarian, stated that he only 
writes health certificates for cats and dogs because that is what he 
sees in his practice; the new accreditation category would not be 
necessary to indicate that he cannot do accreditation work for other 
species.
    We have determined that the accreditation structure we proposed 
maximizes our resources and makes the best possible use of the time of 
U.S. accredited veterinarians. The establishment of categories of 
accreditation is related to our separate requirement that accredited 
veterinarians complete training for renewal of accreditation. 
Veterinarians who are not performing accredited duties on livestock do 
not need as much training in livestock disease issues as veterinarians 
who are. Our intent is to allow veterinarians such as the second 
commenter to continue participating in the NVAP while completing less 
training than is required to maintain Category II accreditation.
    The first commenter is incorrect in stating that no other country 
in the world has two classes of veterinarians. For example, Canada has 
two classes for government accreditation.
    One commenter stated that restricting the types of animals a 
veterinarian is

[[Page 65001]]

allowed to treat would be incredibly detrimental to all animals. The 
commenter noted that there are many veterinarians that have a mixed 
practice and treat both small and large animals simply because they are 
the only ones available to perform these services.
    The new accreditation categories do not restrict the animals a 
veterinarian is allowed to treat. Rather, they restrict the animals on 
which a veterinarian can perform accredited duties, such as endorsing 
certificates of veterinary inspection. A veterinarian accredited under 
Category I will be free to perform general veterinary care for any 
animal.
    The June 2006 proposal did not clearly state that veterinarians 
with Category II accreditation would be allowed to perform accredited 
duties on all animals, not just those for which Category II 
accreditation is necessary to perform accredited duties. The February 
2007 supplemental proposal and this final rule have added a statement 
to that effect in Sec.  161.1(b).
    Four commenters requested that the accreditation categories be more 
specific to certain types of animals. One requested a separate 
accreditation category for avian species, and another requested a 
separate category for equines. Two commenters stated that there should 
be separate categories for all types of species, or at the least that 
there should be separate training for different species; the latter 
point was echoed by another commenter.
    We will provide a number of training options from which 
veterinarians can choose in order to fulfill the training requirement 
for renewal of accreditation under Category II. Some training units 
that apply across all species--for example, general training regarding 
the NVAP, or training regarding foreign animal diseases--will be 
required training for all Category II veterinarians. However, there 
will be some species-specific training courses that accredited 
veterinarians can elect to take--for example, training on exotic avian 
diseases or international equine health certificates. We believe that 
this method of organizing the training addresses the commenters' 
concerns and makes establishing separate, species-specific 
accreditation categories unnecessary.
    In the preamble to the June 2006 proposal, we stated that Category 
I veterinarians could be asked to participate in surveillance in 
livestock or poultry during an outbreak of a livestock or poultry 
disease, when finding enough personnel to perform adequate surveillance 
may become a significant issue; for example, Category I veterinarians 
would be capable of drawing blood for testing from poultry or livestock 
in the event of a disease outbreak. One commenter stated that APHIS 
should not assume that a veterinarian accredited under Category I is 
necessarily qualified to draw blood for livestock testing.
    We agree with the commenter. Before allowing Category I 
veterinarians to participate in surveillance during a disease outbreak, 
we would ensure that they had adequate training to perform the tasks 
that we would need them to perform. We continue to believe that 
Category I veterinarians, in general, could serve as a valuable 
resource during disease outbreaks.
    One commenter stated that, while APHIS clearly intends to include 
performing accredited duties on dogs and cats as Category I work, the 
full extent of what would be required of Category I veterinarians is 
unclear.
    We are requiring that Category I veterinarians complete initial 
accreditation training and an initial orientation program before 
becoming accredited; that they be able to perform the tasks listed in 
Sec.  161.1(g)(1) in the February 2007 supplemental proposal and in 
this final rule; that they comply with the standards for accredited 
veterinarian duties, listed in Sec.  161.4 under this final rule; and 
that they complete three supplemental training units every 3 years for 
renewal of their accreditation.

Requirements and Application Processes for Accreditation

    In the June 2006 proposal, we proposed to revise Sec.  161.1 to set 
out requirements and application processes for initial accreditation. 
In the February 2007 supplemental proposal, we amended some of these 
requirements and moved other requirements to new paragraphs. Because we 
are using the organization in the February 2007 supplemental proposal 
in this final rule, we will refer to the paragraph citations in the 
February 2007 supplemental proposal in the discussion below.
    The regulations at Sec.  161.1(a)(2)(iii) have required that 
veterinarians seeking initial accreditation complete an orientation 
program approved by the Veterinarian-in-Charge for the State in which 
the veterinarian wishes to practice. We proposed to move this 
requirement to Sec.  161.1(e)(4) and add two new topics to the list of 
topics the orientation program must address: Foreign animal disease 
awareness and animal health emergency management.
    One commenter stated that core and State-modified orientation 
programs should be continued to ensure that State-specific regulations, 
requirements, and animal-related issues are adequately presented and 
updated for veterinary accreditation.
    We agree with the commenter; we did not propose to change the 
orientation program, other than by adding the two topics mentioned 
earlier.
    The June 2006 proposal contained a list of tasks that applicants 
for accredited status would have to be able to perform. The February 
2007 supplemental proposal moved these tasks to Sec.  161.1(g), but 
otherwise did not amend the June 2006 proposal. We received some 
comments on these tasks.
    Proposed paragraph (g)(1)(i) of Sec.  161.1 indicated that Category 
I veterinarians would be required to be able to perform physical 
examinations of individual nonregulated animals to determine whether 
they are free from any clinical signs suggestive of communicable 
disease. Paragraph (g)(2)(i) indicated that Category II veterinarians 
would be required to be able to perform physical examinations of 
individual animals and visually inspect herds or flocks for clinical 
signs suggestive of communicable disease.
    One commenter recommended that we change ``disease'' to 
``condition,'' on the basis that there is some disagreement regarding 
whether things like mange, coccidiosis, and ringworm are diseases, 
although they are certainly communicable. Changing ``disease'' to 
``condition,'' the commenter suggested, would preclude any arguments 
over the matter.
    Our regulations in 9 CFR chapter I commonly refer to communicable 
diseases of livestock or poultry. For example, the regulations in 9 CFR 
71.2 provide that the Secretary of Agriculture may determine that 
animals are affected with any contagious, infectious, or communicable 
disease for which a quarantine should be established. To ensure that 
the regulations are consistent, we continue to refer to ``disease'' in 
this final rule.
    Proposed paragraph (g)(2)(vi) indicated that Category II 
veterinarians would be required to be able to develop a herd or flock 
health plan. One commenter stated that a Category I veterinarian should 
be able to develop a disease control plan which addresses situations 
where nonregulated animal species aggregate or congregate.
    We understand this comment as suggesting that Category I 
veterinarians should be able to develop a plan to control diseases 
among Category I animal species, such as a plan to control kennel cough 
or distemper at a dog breeding premises. The Animal Health Protection 
Act does not give us the authority to require Category I veterinarians 
to be able to address

[[Page 65002]]

diseases that occur in and affect only Category I animals. (A facility 
covered by the Animal Welfare Act would be required to provide 
veterinary care for the animals in the facility.) Therefore, requiring 
Category I veterinarians to be able to develop disease control plans 
for these animals would be inappropriate.
    Proposed paragraph (g)(2)(xii) indicated that Category II 
veterinarians would be required to be able to vaccinate for USDA 
program diseases and accurately complete the vaccination certificate. 
One commenter recommended that this task be expanded to include a more 
general description of vaccination. Category II accredited 
veterinarians, the commenter stated, are not only involved in 
vaccinating for USDA program diseases, but they are also involved in 
disease control by vaccinating for the general health of livestock, 
equines, and poultry. Vaccinating animals appropriately and being able 
to certify their vaccination status can also be important for 
interstate and international movements.
    We can only require that accredited veterinarians have the skills 
necessary to perform accredited veterinarian duties, which relate to 
diseases for which APHIS has a control or eradication program. We are 
making no changes in response to this comment.
    Proposed paragraph (g)(2)(xiv) indicated that Category II 
veterinarians would be required to be able to properly perform testing 
for tuberculosis (e.g., caudal fold test). One commenter asked whether 
the requirement that a Category II veterinarian be able to perform the 
caudal fold test would include comparative cervical testing as well.
    The only veterinarians authorized to perform comparative cervical 
testing are Federal and State veterinary medical officers. Therefore, 
it is not appropriate to include comparative cervical testing in the 
list of tasks a Category II veterinarian must be able to perform.
    We are making two changes to the list of tasks a Category II 
veterinarian must be able to perform in this final rule. Proposed 
paragraph (g)(2)(vi) indicated that Category II veterinarians would be 
required to be able to certify the health status of a poultry flock 
regarding diseases of domestic or international regulatory concern, and 
evaluate records pertaining to flock testing and participation in 
Federal and State poultry health programs and classifications. Because 
the definition of Category II animals in this final rule indicates that 
all birds, not just poultry, are regulated animals, we are amending 
this task to refer to certifying the health status of an avian flock. 
Ongoing Federal and State programs, however, only address poultry 
diseases, so we have not amended the other references to poultry in 
this paragraph.
    In addition, proposed paragraph (g)(2)(ii) had referred to 
recognizing the common breeds of nonregulated animals and the common 
breeds of poultry and livestock; in this final rule, paragraph 
(g)(2)(ii) instead refers to recognizing the common breeds of Category 
I and Category II animals, including poultry and livestock.
    We proposed to require in Sec.  161.1(h) that an accredited 
veterinarian may not perform accredited duties in a State until after 
receiving written authorization from APHIS. In addition, we proposed to 
require that, if a Category I accredited veterinarian completes the 
necessary training requirements and becomes a Category II accredited 
veterinarian, the veterinarian may not perform Category II accredited 
duties in a State until after receiving written authorization from 
APHIS. One commenter was concerned that APHIS might not be able to 
provide this written authorization in a timely manner. Failure to do 
so, the commenter stated, could have a potentially significant impact 
on the veterinary care at a zoo or aquarium or on an individual 
veterinarian's ability to perform the necessary duties of the 
profession. The commenter strongly encouraged APHIS to employ an 
electronic approval process for this authorization.
    It is important to note that the NVAP does not regulate general 
veterinary practice, but rather the performance of specific accredited 
duties; veterinarians who are not accredited may still provide general 
veterinary care to any animal.
    We plan to employ an electronic approval process for providing 
written authorization. Under this system, accredited veterinarians with 
e-mail access will receive an e-mail authorizing them to perform 
accredited duties. The authorization process for performing accredited 
duties in another State will continue to require the completion of the 
requirements in Sec.  161.2.

Required Training for Renewal of Accreditation

    We proposed to add new requirements for renewal of accreditation. 
Under the June 2006 proposal, accredited veterinarians who wish to 
continue participating in the NVAP would have to renew their 
accreditation every 3 years. Accredited veterinarians who wish to renew 
their accreditation under Category I would have had to complete 4 
supplemental training units approved by APHIS by the end of their 3-
year tenure as an accredited veterinarian. Accredited veterinarians who 
wish to renew their accreditation under Category II would have had to 
complete 9 supplemental training units approved by APHIS by the end of 
their 3-year tenure as an accredited veterinarian.
    Based on comments we received on the amount of supplemental 
training we were requiring, in the February 2007 supplemental proposal, 
we reduced the amount of training required for renewal of Category II 
accreditation from nine supplemental training units to six, and the 
amount of training required for the renewal of Category I accreditation 
from four units to three.
    We received several comments stating that there should be no 
supplemental training required for accredited veterinarians. Some 
commenters stated that their experience provides a sufficient body of 
knowledge and that additional training is unnecessary.
    As we stated in the June 2006 proposal, we are requiring that 
veterinarians complete supplemental training to renew their 
accreditation for several reasons. First, accredited veterinarians need 
to be aware of the most up-to-date information regarding foreign animal 
diseases and the risks associated with them. The diversity of regions 
from which animals and animal products are exported means that the 
international animal disease profile, including emerging diseases that 
may be relevant to accredited veterinary practice within the United 
States, are continually changing. The import and export requirements 
that are placed on the trade of animals and animal products by 
countries also change frequently, and any deficiencies in knowledge of 
these requirements on the part of accredited veterinarians could pose a 
risk to U.S. animal health. The fast pace of change in these areas can 
mean that the personal experience of accredited veterinarians may not 
provide enough knowledge to allow them to best contribute to APHIS 
efforts to deal with emerging issues.
    Other commenters stated that the additional training we provide 
would simply review the regulations for the interstate or international 
movement of animals whose requirements accredited veterinarians 
satisfy, and that such information could be provided without having to 
administer supplemental training. One commenter stated that licensed 
veterinarians are already familiar with their State's laws governing 
the performance of veterinary tasks, whether in an emergency or not.
    The idea that the supplemental training would focus only on 
regulatory requirements is incorrect. For example,

[[Page 65003]]

the training provided for renewal of accreditation will include units 
on ``Foreign Animal Diseases, Program Diseases, and Reportable 
Diseases''; ``Preventing Disease Introduction and Spread''; and 
``Disease Eradication and Lab Diagnosis.'' Accredited veterinarians 
would not be able to learn everything they need to know about these 
topics by simply reading Federal, State, and foreign animal disease 
laws and regulations.
    Several commenters (mostly veterinarians themselves) stated that 
any increase in the amount of work required to be an accredited 
veterinarian will encourage veterinarians to give up their 
accreditation; some of these commenters suggested that, given predicted 
shortages in large-animal veterinarians in general, this could prove 
detrimental to animal health. One of these commenters indicated that 
there was not enough money in performing accredited duties to justify 
continuing to do so with the supplemental training requirement in 
place.
    For the reasons stated earlier, we believe it is crucial to the 
NVAP to ensure that our accredited veterinarians have up-to-date 
disease control and prevention education. Such training ensures that 
our accredited veterinarians serve as an effective disease control 
force in the United States and that certificates signed by them are 
accepted by our trading partners. The February 2007 supplemental 
proposal did reduce the amount of supplemental training required for 
renewal of accreditation, thus making it easier for currently 
accredited veterinarians to continue to participate. With regard to a 
possible shortage of accredited veterinarians, we believe that as long 
as there is a market for services for which accreditation is required, 
an adequate number of veterinarians will maintain accreditation in 
order to provide those services.
    Two commenters stated that APHIS should offer the supplemental 
training on a voluntary basis only.
    As we noted in the June 2006 proposal, duties performed by 
accredited veterinarians in the United States are typically performed 
by government-employed veterinarians in other countries. Some U.S. 
trading partners have expressed concern regarding the fact that our 
veterinary accreditation program does not require supplemental 
training. Requiring training is necessary to increase the rigor of the 
program and thus address this concern.
    Another commenter stated that if there must be a renewal period, it 
should be much longer than 3 years.
    As noted earlier, the international animal disease profile, 
including emerging diseases that may be relevant to accredited 
veterinary practice within the United States, is continually changing, 
and the import and export requirements that are placed on the trade of 
animals and animal products by countries also change frequently. We 
believe 3 years is an appropriate interval that balances the need for 
up-to-date training for accredited veterinarians with other demands on 
their time.
    One commenter asked whether the Government requires medical doctors 
to be tested routinely on their knowledge of infectious or communicable 
diseases.
    We are not aware of any Federal Government programs that require 
testing for knowledge of infectious or communicable diseases, although 
State medical boards often test medical doctors. To address the 
commenter's implied concern, there is no testing requirement associated 
with the supplemental training. APHIS is requiring that veterinarians 
complete the supplemental training, but we will not test them on it.
    One commenter stated that the supplemental training should address 
animal welfare issues.
    Animal welfare issues are handled within APHIS by our Animal Care 
program. Consistent with the statutory authority under which it is 
established, the NVAP focuses on animal disease issues.
    We received several comments that mentioned State continuing 
education requirements in the context of the supplemental training 
requirement. Three commenters stated that 3 supplemental training units 
every 3 years would be sufficient to ensure that Category II accredited 
veterinarians are adequately informed on animal disease issues. One of 
these commenters stated that the six-unit requirement in the February 
2007 supplemental proposal was excessive when compared to continuing 
education requirements in the commenter's State. Six units every 3 
years represented more than 10 percent of that State's total continuing 
education requirement; this commenter stated that most veterinarians 
spend less than 10 percent of their time doing accreditation work, 
meaning that the supplemental training requirement should be reduced.
    One commenter stated that the supplemental training requirement was 
unnecessary due to the State continuing education requirements that are 
already in place.

    Two commenters suggested that APHIS require that State veterinary 
licensing authorities accept the supplemental training units to fulfill 
the States' requirements. Another commenter stated that the commenter 
would support the supplemental training requirement if the training was 
not in addition to the training already required for the commenter's 
State license renewal.
    Given the diversity of topics on which accredited veterinarians 
must be informed in order to perform their duties effectively, we 
believe that it is necessary to require six units of supplemental 
training for the renewal of Category II accreditation. Since each unit 
of training is expected to take 1 hour to complete, this requirement 
works out to 2 hours per year of supplemental training. We do not 
believe this requirement is excessive.
    We could accept State-required continuing education towards the 
supplemental training requirement if the State courses addressed topics 
relevant to the NVAP. We would have to review the State content and 
approve it to be used to fulfill the supplemental training requirement. 
States that believe their content can be used in such a way are welcome 
to discuss it with us.
    In order to reduce the training burden on accredited veterinarians 
and encourage their participation in the NVAP, we are working with 
State veterinary licensing authorities to have our supplemental 
training accepted as fulfilling their continuing education 
requirements. Iowa's veterinary licensing authority has already 
indicated that it will do so. We expect that we will be able to secure 
approval for use of the supplemental training to fulfill continuing 
education requirements in other States as well. However, we have no 
authority to require that States accept our supplemental training.

Costs and Logistics of Supplemental Training

    In the June 2006 proposal, we stated that the majority of the 
supplemental training units would be delivered through the World Wide 
Web and that we would also make the training available by mail for 
those who lack Internet access. In the section of the proposal headed 
``Executive Order 12866 and Regulatory Flexibility Act,'' we further 
stated that the Web-based training would be provided at no cost to 
accredited veterinarians.
    We received several comments on the cost and logistics of 
supplemental training. One asked how much the training, tests, and 
accreditation

[[Page 65004]]

certificate would cost. Six commenters stated that training should be 
provided at no charge. Another noted that additional training 
requirements may create an economic hardship for some veterinarians. 
One commenter noted that the June 2006 proposal did not address the 
cost of non-Web-based training and stated that many veterinarians in 
rural practice do not have computer access and could not participate in 
Web-based training.
    We will make the supplemental training available through the Web at 
no charge. For veterinarians without Internet access, we will make the 
training available in other media (e.g., CD-ROM or paper) at a minimal 
cost to cover the costs of production and of any necessary shipping and 
handling. There are no tests associated with the supplemental training. 
The accreditation certificate will continue to be provided at no cost.
    One commenter stated that APHIS should pay veterinarians to 
complete the supplemental training.
    We do not believe this would be an appropriate use of APHIS' 
resources.
    One commenter suspected that the new regulations would be followed 
in a couple of years with a user fee, which the commenter opposed.
    We have no plans to establish a user fee for the supplemental 
training. It is in our interest to encourage widespread participation 
in the supplemental training, which is why we are making the training 
available free through the Web or at minimal cost through other media.
    One commenter stated that Web-based training is subject to problems 
like technical difficulties, lack of resources to keep up the training 
sites, and lack of technical staff to provide assistance. Another 
commenter asked us to make sure that technical support would be 
available.
    We agree with these commenters. We are using a modern Web-based 
training interface through AgLearn ((http://www.aglearn.usda.gov)), and 
we are working to provide the best possible support for it.
    One commenter suggested that we provide the training as a course at 
regional or State veterinary continuing education meetings as well as 
through the Web. Another commenter agreed and added national, regional, 
and State annual meetings of veterinary medical associations as 
possible venues.
    We agree with the commenters. We are planning to offer the training 
through these venues as well.
    One commenter was concerned that the training requirements may 
create extra work in surveillance and monitoring that will not be 
compensated. The commenter stated that APHIS does not pay accredited 
veterinarians enough for the services they render.
    When APHIS pays accredited veterinarians for performing their 
duties, the individual disease control programs decide how much to pay. 
The veterinary accreditation program exists simply to provide a 
structure and requirements for the accreditation of veterinarians and 
to keep track of which veterinarians are accredited. The training 
requirements themselves will not create any surveillance or monitoring 
work for accredited veterinarians.
    One commenter stated that the renewal process should involve 
minimal paperwork and logistics that might deter veterinarians from 
participation in the program. Another commenter was concerned that 
APHIS may not have the financial and human resources to review and 
renew licenses and to develop and administer supplemental training 
units to veterinarians every 3 years.
    We agree with the first commenter. We anticipate that the new NVAP 
Web site, plus the associated database of accredited veterinarians, 
will centralize access to information and training for accredited 
veterinarians, reducing the amount of time necessary to fill out 
paperwork. We also expect that the Web site and the database of 
accredited veterinarians will help us to provide timely service to our 
customers.
    One commenter suggested that we grant eligibility for developing 
supplemental training units to industry organizations. Another 
suggested that we grant the same eligibility to State animal health 
authorities.
    If industry organizations or State animal health authorities are 
willing to work with us to develop training that addresses NVAP issues, 
we would welcome and support their efforts. Final approval of the 
training would rest with APHIS. We are already working with Iowa State 
University to develop the training that will be initially offered to 
accredited veterinarians.
    One commenter stated that, even with the 3-year renewal period, a 
veterinarian could lack appropriate knowledge of emerging diseases. The 
commenter suggested that APHIS develop a method for rapid information 
dissemination to accredited veterinarians regarding emerging diseases 
or disease outbreaks.
    We agree. The updated contact information in the database of 
accredited veterinarians and our Web site will allow us to communicate 
information to accredited veterinarians rapidly when we need to.
    One commenter, the Association of Zoos and Aquariums, asked for 
information regarding waivers from the supplemental training 
requirements for institutions accredited by that association.
    Accreditation by the Association of Zoos and Aquariums does not 
address all the issues that arise in the performance of NVAP accredited 
duties. Therefore, we would not provide waivers for institutions 
accredited by that association. The same would apply to other such 
industry organizations.
    One commenter asked whether the cost of supplemental training units 
or training for accreditation specializations would be tax deductible.
    The supplemental training will be provided free of charge through 
the Web. We recommend that veterinarians consult with their tax 
preparers regarding whether costs associated with training are tax 
deductible.
    One commenter asked whether accredited veterinarians would be 
compensated by APHIS for work performed during a disease emergency.
    APHIS compensates accredited veterinarians for any work they 
perform on behalf of the agency.
    One commenter asked what topics would be addressed in the training.
    Some of the topics have been mentioned earlier in this document. In 
general, the topics are a mix of general disease control and prevention 
topics and species-specific information. Some other topics addressed in 
the training modules include: ``Vesicular Diseases,'' ``Small Ruminant 
Health Certificates and Scrapie,'' and ``Federal Animal Health Laws.'' 
A complete list of topics is available on the NVAP Web site at (http://www.aphis.usda.gov/animal_health/vet_accreditation/).
    One commenter asked how long each supplemental training unit will 
take to complete.
    Each supplemental training unit will take approximately 1 hour to 
complete.
    One commenter asked how effective online veterinary training 
programs are.
    APHIS has experience delivering Web-based training through the 
AgLearn site at (http://www.aglearn.usda.gov). We have found it to be 
effective.

Notification and Procedures for Renewal

    We received several comments regarding the process APHIS will use 
to notify accredited veterinarians that they need to renew their 
accreditation and regarding the procedures for renewal.
    In the June 2006 proposed rule, proposed paragraph (d) of Sec.  
161.3 outlined the process we would use to

[[Page 65005]]

notify accredited veterinarians that they need to renew their 
accreditation. We stated in the Background section of the proposed rule 
that APHIS would contact currently accredited veterinarians, by postal 
mail, fax, or e-mail, to notify them that they must elect to 
participate in the NVAP as Category I or Category II veterinarians. 
Veterinarians would not be required to complete any additional training 
to continue their participation in the NVAP, but they would be required 
to notify APHIS that they elect to participate within 3 months of this 
notification; otherwise, their accreditation would expire. After APHIS 
received notice from a currently accredited veterinarian that he or she 
elects to continue to participate in the program as a Category I or 
Category II veterinarian, APHIS would notify the veterinarian of his or 
her initial renewal date. The accredited veterinarian would then have 
to complete all the training requirements for renewal by the initial 
renewal date.
    One commenter stated that procedures should be implemented to 
ensure and verify that all currently accredited veterinarians have been 
contacted with the information necessary for their continuation of 
accreditation activities and that they have responded to APHIS. The 
elimination of veterinarians from the list of accredited veterinarians 
without verification that they have been contacted and made aware of 
the changes, the commenter stated, could create problems if an 
individual not aware of the changes in the regulations continues to 
issue health certificates.
    Since the publication of the June 2006 proposed rule, we have 
developed a new plan for ensuring that accredited veterinarians are 
aware of the need to elect to continue to participate in the 
accreditation program. We no longer anticipate that we will contact 
veterinarians individually. Instead, we plan to publish announcements 
of the new accreditation regulations and veterinarians' resultant 
obligations in veterinary list serves, veterinary medical association 
newsletters, State regulatory organization publications, and industry 
publications. These media all have high visibility in the veterinary 
medicine community and are effective ways to reach the highest number 
of accredited veterinarians possible. We will also announce the new 
renewal requirements at State veterinary medical association meetings. 
These announcements will include a link to the NVAP Web site, which 
will contain information about the new regulations, along with a phone 
number and an address to contact for more information. We will provide 
notice of the new requirements through these methods for 3 months. 
After the 3-month notification period, accredited veterinarians will 
have 3 months to elect to continue to participate in the veterinary 
accreditation program, the same as the response period we described in 
the June 2006 proposed rule.
    Although contacting each accredited veterinarian individually, as 
we discussed in the June 2006 proposal, would provide the highest level 
of assurance that all accredited veterinarians are aware of the new 
renewal requirements, logistical and cost issues make such individual 
contact unrealistic. In part due to the previous lack of renewal 
requirements for veterinary accreditation, APHIS does not have current 
contact information for many accredited veterinarians; in order to 
obtain such contact information, we would have to place announcements 
in the same media as we are planning to use to notify veterinarians of 
the new requirements. Placing announcements of the new requirements in 
high-visibility media like those listed earlier will also be more cost-
effective than sending individual notifications to approximately 66,000 
accredited veterinarians. Therefore, we are no longer planning to 
contact accredited veterinarians individually. Accordingly, we have 
changed proposed paragraph (d), which stated that APHIS would contact 
currently accredited veterinarians to notify them that they must elect 
to participate in the NVAP as a Category I or Category II veterinarian, 
to state that APHIS will provide notice for 3 months to currently 
accredited veterinarians that they must elect to continue to 
participate in NVAP.
    In response to the commenter's concern, we recognize that despite 
the duration and magnitude of the multimedia notifications that we have 
planned, there may be some accredited veterinarians who fail to receive 
notice of their obligations to renew their accreditation in order to 
continue to participate in the accreditation program. As the 3-month 
response period nears its end, Veterinary Services will notify 
veterinarians who routinely perform accredited veterinarian duties and 
have not yet elected to continue participating as accredited 
veterinarians, to ensure that such veterinarians do not inadvertently 
let their accreditation lapse. However, for the reasons discussed 
above, we will not be able to notify those accredited veterinarians who 
rarely or never perform accredited duties.
    Two commenters stated that APHIS should notify veterinarians before 
the deadline for renewal even after the initial accreditation.
    We agree with these commenters. Once accredited veterinarians have 
completed an initial renewal, we will be able to send out notifications 
to all veterinarians well before their deadline for renewal, reminding 
them of the supplemental training requirements they must fulfill. 
Veterinarians will also be able to access their profile on a Web site 
to review their renewal and training status, as well as their address 
and other aspects of their profile.
    Proposed paragraph Sec.  161.3(a) stated that accredited 
veterinarians who wish to continue participating in the NVAP must 
submit their renewal forms to APHIS. One commenter recommended that 
renewal forms be submitted in duplicate to both APHIS and the Area 
Veterinarians-in-Charge (AVICs) of the States in which the veterinarian 
is accredited, or that a mechanism be established to notify the AVICs 
in question immediately. Two other commenters suggested that we require 
that the form be sent to the AVICs and forwarded to APHIS.
    If we required veterinarians who are accredited in multiple States 
to send their renewal forms to the AVICs of each of the States in which 
they are accredited, the veterinarians would have to send multiple 
copies of forms containing the same information to different addresses. 
We would like to minimize such paperwork burdens. Instead, we are 
requiring that the forms be sent to APHIS.
    The database containing the accredited veterinarians will be 
updated immediately when an accredited veterinarian completes his or 
her renewal. In this way, instant notice of the renewal would be 
provided to the AVICs, since they would have access to the database. We 
are planning to send electronic notifications to the AVICs as well.
    We are making a related change in this final rule to require 
veterinarians who wish to become accredited to submit their 
applications for initial accreditation and applications for changes in 
accreditation category to APHIS, rather than to the AVIC. This will 
reduce confusion by providing one common point of contact for 
veterinary accreditation.
    One commenter recommended that APHIS maintain and publish a single, 
accurate, and up-to-date list of accredited veterinarians by 
accreditation category.
    The new database of accredited veterinarians will allow AVICs and 
State animal health officials to access this information. We would not 
publish

[[Page 65006]]

a veterinarian's name for the general public, however, unless the 
veterinarian gave us permission to release it.
    We are making a few changes in this final rule to the renewal 
requirements in the February 2007 supplemental proposal. In that 
document, we proposed to require that newly accredited veterinarians 
renew their accreditation within 3 years of completing the initial 
accreditation training in proposed Sec.  161.1(e)(3), regardless of 
when their accreditation is granted. This training is typically given 
by veterinary schools at some point during the veterinarians' course of 
study; our proposed requirement was intended to ensure that 
veterinarians had up-to-date training based on the last training they 
had received. However, the NVAP presently does not have a means to 
track when veterinarians complete the initial accreditation training. 
In addition, we believe that dating the renewal period from the 
completion of the core orientation program described in Sec.  
161.1(e)(4) is more appropriate and would place less of a burden on 
accredited veterinarians, since the core orientation program covers 
topics essential to accreditation and is typically given after the 
initial accreditation training. Therefore, this final rule requires 
newly accredited veterinarians to renew their accreditation 3 years 
after completion of the core orientation program in Sec.  161.1(e)(4). 
In addition, under Sec.  161.1(e)(4), this final rule requires 
applicants for accreditation to apply within 3 years of completing core 
orientation.
    Proposed paragraph Sec.  161.3(d) set out the conditions under 
which veterinarians who are accredited as of the effective date of this 
final rule would renew their accreditation. This paragraph referred 
both to these veterinarians' ``first renewal'' and their ``initial 
renewal.'' We are amending the paragraph to refer only to the 
veterinarians' ``first renewal'' to avoid ambiguity. Additionally, the 
last sentence of this proposed paragraph indicated that, after their 
first renewal, veterinarians accredited as of the effective date of 
this final rule would be required to renew their accreditation in 
accordance with the provisions of Sec.  161.3. We have removed this 
sentence from this final rule, as we believe it is self-evident.

Program Certifications (Accreditation Specializations)

    We proposed to add a new Sec.  161.5 to the regulations setting out 
the conditions under which accredited veterinarians could earn 
accreditation specializations. Certain APHIS disease programs have 
additional training requirements that accredited veterinarians must 
fulfill in order to perform certain activities, because performing 
these activities requires specialized technical knowledge. These 
training programs have been known as accreditation specialization 
programs.
    We are making one change to proposed Sec.  161.5 in this final 
rule. In the June 2006 proposal, we introduced the term ``accreditation 
specializations.'' We have since decided that this term could create 
confusion given the common meaning of the term ``specialization'' in 
veterinary medicine. In veterinary medicine, ``specialization'' refers 
to a discipline such as oncology or thoracic surgery in which a 
veterinarian has completed extensive training over a period of years 
and achieved a board certification. We believe the term ``program 
certification'' refers more directly to what the training will allow a 
veterinarian to do -- participate in program-specific Veterinary 
Services activities -- and will be less likely to cause confusion. 
Therefore, in the regulatory text in Sec.  161.5, we have replaced all 
references to ``accreditation specializations'' with references to 
``program certifications'' in this final rule.
    Currently, APHIS is developing program certifications for testing 
in the tuberculosis program for cervidae and in the scrapie program for 
ovines.
    In a final rule published in the Federal Register on October 10, 
2008 (73 FR 60463-60488, Docket No. APHIS-2006-0089), and effective on 
November 10, 2008, we established a voluntary swine herd certification 
program for trichinae. To accommodate this program, we added a new 
Sec.  161.5 to the regulations that provides for accreditation 
specializations. This final rule revises Sec.  161.5 as it was 
established in the October 2008 final rule to refer to program 
certifications and to add provisions from the June 2006 proposed rule, 
such as requiring Category II accreditation in order to earn a program 
certification, that are not currently included in Sec.  161.5.
    In addition, the October 2008 final rule added a definition of 
qualified accredited veterinarian to Sec.  160.1 that refers to 
accreditation specializations. The regulations in 9 CFR part 149, which 
was established by the October 2008 final rule, also contain references 
to accreditation specializations. This final rule updates those 
references to refer instead to program certifications.
    One commenter stated that future program certification requirements 
should only be made after consulting with industry and State animal 
health officials to prevent the process from imposing undue costs on 
accredited veterinarians.
    In all cases, Veterinary Services will work with affected 
industries and States to ensure that the program certifications we 
establish are useful and rigorous. Specific decisions about the 
structure and content of program certifications will be made by the 
programs that establish them.
    One commenter recommended that we develop a program certification 
for aquaculture.
    The aquaculture program in Veterinary Services presently plans to 
develop a program certification. It is important to note that the 
decision to develop an accreditation specialization is made by the 
specific program for which the specialization will be used, and not by 
the NVAP. The NVAP will document which accredited veterinarians have 
earned program certifications and, if renewal requirements exist, when 
renewal is due.
    We are making one other change related to program certifications in 
this final rule. In the June 2006 proposed rule, paragraph (a) of Sec.  
161.7 would have required full-time Federal (including military) and 
State employed veterinarians to qualify under Sec.  161.5 in order to 
perform duties for which a program certification is required. However, 
these veterinarians are not required to be accredited in order to 
perform duties under subchapters B, C, and D of 9 CFR chapter I, and 
veterinarians are required to be accredited under Category II in order 
to earn a program certification. In addition, the authorization of any 
full-time Federal (including military) and State employed veterinarian 
to perform duties under the regulations is contingent on delegation of 
authority by the Administrator or cooperative agreements; APHIS would 
not delegate authority to perform duties that would otherwise require a 
program certification unless the full-time Federal (including military) 
and State employed veterinarian had the appropriate training. 
Accordingly, this final rule does not include that proposed 
requirement.
    In a related matter, proposed paragraph (a) of Sec.  161.7 in the 
June 2006 proposed rule referred to authorization for full-time Federal 
(including military) and State employed veterinarians to perform 
Category II accredited duties. This paragraph was based on a footnote 
to the definition of accredited veterinarian in Sec.  160.1; the 
footnote referred to authorization to perform

[[Page 65007]]

functions specified in subchapters B, C, and D of 9 CFR chapter I. As 
full-time Federal (including military) and State employed veterinarians 
are not accredited, it is inappropriate to refer to ``Category II 
accredited duties'' in this context. Therefore, we are amending 
proposed paragraph (a) of Sec.  161.7 in this final rule to refer 
instead to functions specified in subchapters B, C, and D of 9 CFR 
chapter I.

Suspension and Revocation of Veterinary Accreditation

    The regulations in Sec.  161.4 have provided for the suspension or 
revocation of veterinary accreditation as well as civil and criminal 
penalties. We proposed to move these requirements to Sec.  161.6, add 
relevant requirements from Sec.  161.2, and update the requirements to 
make them clearer and to enhance the integrity of the NVAP.
    One commenter stated that it is unclear whether a veterinarian who 
has requested a hearing to challenge a suspension, revocation, or 
denial of accreditation may perform accredited duties while waiting for 
the hearing. The commenter stated that common sense would indicate such 
duties could not be performed if accreditation was denied, but in the 
case of veterinarians under suspension or revocation, it could be 
argued that the duties could continue to be performed until 
accreditation is removed after the hearing.
    The regulations in 9 CFR part 162 set out the rules of practice 
governing revocation or suspension of veterinarian' accreditation. 
Section 162.10 sets out conditions for summary suspension of veterinary 
accreditation, including the circumstances in which the Administrator 
may determine that it is necessary to summarily suspend a 
veterinarian's accreditation. The summary suspension regulations may 
apply pending the final outcome of a proceeding either to suspend or 
revoke accreditation. Once an accredited veterinarian's accreditation 
has been summarily suspended, that veterinarian may not perform 
accredited duties until a final determination of his or her status has 
been made.
    In response to the comment, this final rule amends Sec.  162.10 to 
make it clear that summary suspension may be appropriate in cases that 
may ultimately lead to either suspension or revocation.
    We are making an additional changes to the regulations in Sec.  
162.10 in this final rule. These regulations have provided that the 
Administrator may summarily suspend accreditation in any situation 
where the Administrator has reason to believe that any veterinarian 
accredited under the provisions of parts 160 and 161 of this subchapter 
has not complied with the ``Standards for Accredited Veterinarian 
Duties,'' and the Administrator determines that summary suspension is 
necessary to prevent the introduction of certain diseases or to ensure 
that exports to foreign countries were free from disease. This language 
predates the enactment of the Animal Health Protection Act (AHPA). The 
AHPA allows summary suspension of accreditation whenever the Secretary 
of Agriculture has reason to believe that a veterinarian has knowingly 
violated the AHPA. (Because the NVAP regulations are promulgated under 
the AHPA, any violation of the ``Standards for Accredited Veterinarian 
Duties'' is necessarily a violation of the Act.) Therefore, to be 
consistent with our statutory authority, we are amending Sec.  162.10 
to refer to violation of the AHPA as a reason for summary suspension.
    In the June 2006 proposal, we proposed to modify Sec.  162.10 to 
include the need to maintain the integrity of the NVAP as one of the 
circumstances the Administrator may consider in determining whether to 
summarily suspend a veterinarian's accreditation. We received no 
comments on this aspect of the proposal. However, we have determined 
that it is not necessary to add such a provision to the summary 
suspension regulations, as any breach of the integrity of the NVAP 
would also necessarily be a violation of the NVAP regulations 
promulgated under the AHPA. Accordingly, this final rule does not 
include the integrity of the NVAP as a reason for summary suspension.
    Veterinarians whose application for accreditation is denied are 
covered by Sec.  161.7(b) in this final rule, which states that, except 
for full-time Federal and State employed veterinarians, anyone who 
performs accredited veterinarian duties that he or she is not 
authorized to perform will be subject to such criminal and civil 
penalties as are provided by the Animal Health Protection Act (7 U.S.C. 
8301 et seq.) or other applicable Federal statutes or regulations. 
Paragraph (b) of Sec.  161.7 also states that performing accredited 
duties without having been accredited will be considered grounds for 
the Administrator to deny an application for accreditation.
    One commenter stated that public complaints lodged against an 
accredited veterinarian in the performance of accredited duties should 
be considered when determining whether to reaccredit the veterinarian. 
However, the commenter stated, in order to do so there must be a 
process by which such complaints can be lodged, and there is currently 
no clear point of contact for a member of the public who may have a 
legitimate complaint against an accredited veterinarian regarding an 
improperly issued health certificate. The commenter recommended that we 
address this issue in the regulations, including the process by which 
such complaints would be investigated.
    Veterinary Services area offices are the points of contact for 
members of the public who wish to lodge a complaint about an accredited 
veterinarian's performance of accredited duties. Contact information 
for Veterinary Services area offices can be found on the Veterinary 
Services Web site at (http://www.aphis.usda.gov/animal_health/area_offices/). Paragraph (c)(2)(iii) of Sec.  161.6 provides that the NVAP 
will consider the professional integrity and reputation of applicants 
for reaccreditation when determining whether to reaccredit such 
veterinarians.

Activities Performed by Non-Accredited Veterinarians

    We proposed to add a new Sec.  161.7 to describe the accredited 
duties that may be performed by veterinarians who are not federally 
accredited. Full-time Federal (including military) and State employed 
veterinarians would be authorized to perform Category II accredited 
duties, pursuant to delegation of authority by the Administrator or 
cooperative agreements, without specific accreditation under the 
provisions of the regulations. The proposed rule further stated that, 
except for full-time Federal (including military) and State employed 
veterinarians, veterinarians who are not federally accredited and who 
attempt to perform accredited duties would be subject to such criminal 
and civil penalties as are provided by the Animal Health Protection Act 
or other applicable Federal statutes or regulations.
    One commenter stated that the authorization granted to Federal and 
State full-time veterinarians should be granted to veterinarians 
employed by tribal governments as well, if the tribal veterinarians are 
acting in the same function for their tribal government that Federal 
and State employed Veterinarians are providing. The commenter stated 
that tribal veterinarians are even more aware of current regulatory 
requirements for interstate movement and export of animals because of 
the nation-to-nation agreements necessary to allow such movement from 
tribal lands.
    We appreciate the commenter's suggestion. However, there would be

[[Page 65008]]

several obstacles to allowing veterinarians employed by tribes to 
perform accredited duties without being formally accredited. Much of 
accreditation work involves certifying an animal for entry into 
interstate or international commerce. State and country laws and 
regulations are typically set up to recognize the State or country of 
origin for an animal in commerce. States or countries may not be able 
to recognize accredited work performed on a reservation, which is 
considered to be a nation, for animal health movement purposes.
    In addition, Federal and State employed veterinarians who are 
exempt from accreditation requirements function within a hierarchical 
structure that provides them with training and with continual updates 
regarding regulatory changes and animal health-related events. The 
regulatory work performed by these individuals is reviewed by a 
supervisory chain of command for accuracy and comprehensiveness. A 
veterinarian who is exempt from accreditation requirements but allowed 
to perform accredited duties on a reservation would not have an 
analogous animal health infrastructure to provide necessary updates or 
evaluate performance. Therefore, we are making no changes to the 
proposed regulations in response to this comment.
    Noting that the proposed rule would have prohibited the performance 
of accredited duties by ``veterinarians who are not federally 
accredited,'' two commenters recommended that this section address the 
problem of people who are not veterinarians who perform accredited 
duties, such as when non-veterinarians issue fraudulent health 
certificates. One of these commenters also recommended that we address 
the problem of an accredited veterinarian performing duties that he or 
she is not authorized to perform.
    We agree that these situations need to be addressed. In this final 
rule, we are changing the proposed language to state: ``Anyone who 
performs accredited veterinarian duties that he or she is not 
authorized to perform will be subject to such criminal and civil 
penalties as are provided by the Animal Health Protection Act (7 U.S.C. 
8301 et seq.) or other applicable Federal statutes or regulations.'' 
This statement indicates that both non-veterinarians who perform 
accredited duties and accredited veterinarians who perform duties that 
they are not authorized to perform (for example, an accredited 
veterinarian performing program certification work for which he or she 
is not authorized) will be subject to criminal and civil penalties.

Customer Service

    We received five comments addressing various aspects of the NVAP's 
customer service. These comments are not related to the provisions in 
the June 2006 proposal or the February 2007 supplemental proposal, and 
we are making no changes in this final rule based on them. We address 
these comments below.
    Four commenters asked us to make information more readily available 
to accredited veterinarians through the Web and to make our Web site 
easier to navigate. They requested that the relevant State and foreign 
regulations for animal movement be posted on a Web site, and that this 
information be separated from information about training. They also 
requested that we explore the use of electronic templates for 
certificates of veterinary inspection, encourage the use of eHealth 
certificates, and format the official certificates to fit printers.
    We agree with these commenters, and we are working to develop such 
resources. We plan to provide links to State and foreign regulations 
for animal movement on the NVAP Web page. We are developing an 
electronic certificate of veterinary inspection (also referred to as 
the eCVI), which will provide many benefits to users. We encourage 
additional feedback on the NVAP Web site, as we are continually looking 
for ways to better serve accredited veterinarians with Web resources.
    Three commenters were concerned about the assistance that APHIS 
area offices provide to accredited veterinarians. One asked us 
generally to be more customer-friendly and supportive of veterinarians 
in the field. Another commenter cited a frustrating experience when 
attempting to process a certificate of veterinary inspection. One 
commenter requested that we provide not more than 24-hour turnaround 
time for documents such as endorsements of certificates of veterinary 
inspection, and that we respond to telephone or e-mail inquiries in 
less than 24 hours. This commenter also requested that we provide 24-
hour-a-day, 7-day-a-week contact information so that accredited 
veterinarians can get information at night or on weekends.
    We appreciate these commenters' concerns. Our area offices always 
strive to provide the highest possible level of customer service to 
accredited veterinarians and to respond promptly to requests for 
services and information. Planned upgrades to our information 
technology systems may address some of these concerns. For example, the 
eCVI will facilitate the completion and endorsement of inspection 
certificates. Additionally, the NVAP Web site will feature responses to 
frequently asked questions as well as resources for topics of interest.
    We always respond to requests for information as quickly as we are 
able to do so. At this time, we do not have the resources to provide 
continuous access to APHIS employees that was requested by one 
commenter. We will continue to pursue means by which to make 
information easily and promptly available to accredited veterinarians.

Miscellaneous Changes

    We are making three miscellaneous changes in this final rule.
    The definition of herd or flock health plan in the June 2006 
proposal stated that participants in such a plan undertake actions to 
``control a disease or diseases.'' However, a herd or flock health plan 
may be necessary for a herd or flock in which a disease has recently 
been eradicated, meaning that the goal of the plan would be to prevent 
the disease from recurring. We have amended this definition to refer 
instead to maintaining the health of the animals and detecting signs of 
communicable disease.
    The current regulations in Sec.  161.2(a)(2)(iii), which describe 
the State-specific orientation program that a veterinarian must 
complete prior to accreditation, refer to the veterinarian completing 
an orientation program approved by the Veterinarian-in-Charge for the 
State in which the veterinarian wishes to practice. As discussed 
earlier in this document, a non-accredited veterinarian may practice 
normal veterinary medicine on any animal; accreditation allows a 
veterinarian to perform specific, disease control-related accredited 
tasks. To ensure clarity, we are replacing the word ``practice'' with 
the words ``perform accredited duties'' as part of moving this 
paragraph to Sec.  161.1(e)(4) in this final rule.
    The February 2007 supplemental proposal removed references to 
specific form titles and numbers in the parts of the June 2006 proposal 
that the supplemental proposal amended. We removed those references 
because we do not believe it is necessary to refer to specific forms in 
the regulations, and doing so may impede efforts to simplify the 
application and renewal processes in the future. This final rule 
removes the remaining references to specific form titles and numbers 
that appeared in the June 2006 proposal.
    Therefore, for the reasons given in the proposed rule and in this 
document, we

[[Page 65009]]

are adopting the proposed rule as a final rule, with the changes 
discussed in this document.

Effective Date

    In order to give all involved parties time to prepare for the new 
requirements for renewal of accreditation, we are making this final 
rule effective on February 1, 2010.

Executive Order 12866 and Regulatory Flexibility Act

    This 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.
    Authority for the Secretary of Agriculture to create a veterinary 
accreditation program is provided in the Animal Health Protection Act 
(7 U.S.C. 8309). Participation by private veterinarians in the NVAP is 
voluntary. However, accredited veterinarians participating in the NVAP 
must carry out their duties in compliance with the regulations in 9 CFR 
part 161 and in compliance with all other regulations issued under the 
Animal Health Protection Act.
    This final rule will establish two accreditation categories 
(Category I and Category II) in place of the current single category, 
add requirements for supplemental training and renewal of accreditation 
every 3 years, and provide for program certifications.
    Category I accreditation will require the completion of 3 
supplemental training units every 3 years in order to renew 
accreditation and will allow the veterinarians who choose it to perform 
accredited duties only for Category I animals, as that term is defined 
in Sec.  160.1 of the regulations. Category II accreditation, however, 
will require the completion of 6 supplemental training units every 3 
years in order to renew accreditation; veterinarians who select it will 
be able to perform the full spectrum of accredited duties that do not 
require a program certification. For both categories, the majority of 
the supplemental training will be delivered through the World Wide Web, 
with no charge to the participating veterinarians. The Internet-based 
training will eliminate the need for additional costs for travel and 
accommodations for the veterinarians taking the training. We will 
provide the training in other media (e.g., CD-ROM or paper) at minimal 
cost, and we will provide the training in a classroom setting at 
meetings of veterinary associations. Thus, there will be, at the most, 
minimal additional costs associated with the new aspects of the NVAP 
apart from the time spent taking the training. Each supplemental 
training unit will take approximately 1 hour to complete.
    The program certification component that APHIS will add to the NVAP 
could involve some cost to the accredited veterinarians who choose to 
voluntarily participate in these program certifications.
    The primary cost of changes to the program will be the new training 
requirements, and these costs will be borne primarily by APHIS. If an 
accredited veterinarian wants to be qualified in a program 
certification, some costs may be borne by the accredited veterinarian.

Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities. According to the 
Small Business Administration's (SBA's) Office of Advocacy, regulations 
create economic disparities based on size when they have a significant 
economic impact on a substantial number of small entities.
    This action changes a continuing program. Entities that will be 
affected as a result of the proposed changes in the regulations will be 
the participating veterinarians who enter into the new NVAP program. 
Under the North American Industrial Classification System (NAICS), 
Veterinary Services (NAICS 541940) is included under the Professional, 
Scientific and Technical Services subsector.
    The veterinary services industry comprises establishments of 
licensed veterinary practitioners primarily engaged in the practice of 
veterinary medicine, dentistry, or surgery for animals (i.e., animal 
hospitals, veterinary clinics, and veterinarians' offices); and 
establishments primarily engaged in providing testing services for 
licensed veterinary practitioners (i.e., veterinary testing 
laboratories). Veterinary services entities that have less than $5 
million in annual revenues are considered small according to the SBA's 
standards.
    The number of U.S. veterinary establishments was reported to be 
27,247 in 2005; they employed 269,724 people with an annual payroll of 
$7.34 billion (2005 County Business Patterns, NAICS, U.S. Census 
Bureau).
    We do not know how many of these establishments are considered 
small entities under the SBA's standards. However, the changes in this 
final rule are not expected to have any significant economic effect on 
any of these 27,247 establishments whether they are small or large, 
since the vast majority of program costs will be borne by the Agency.
    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 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Has no retroactive effect; and (2) 
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 1995 (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) 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 rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 851-2908.

List of Subjects

9 CFR Part 149

    Animal diseases, Hogs, Laboratories, Meat and meat products, Meat 
inspection, Reporting and recordkeeping requirements.

9 CFR Part 160

    Veterinarians.

9 CFR Part 161

    Reporting and recordkeeping requirements, Veterinarians.

9 CFR Part 162

    Administrative practice and procedure, Veterinarians.

[[Page 65010]]


0
Accordingly, we are amending 9 CFR parts 149, 160, 161, and 162 as 
follows:

PART 149--VOLUNTARY TRICHINAE CERTIFICATION PROGRAM

0
1. The authority citation for part 149 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136a; 7 CFR 
2.22, 2.80, and 371.4.


Sec.  149.1  [Amended]

0
2. Section 149.1 is amended as follows:
0
a. In the definition of qualified accredited veterinarian (QAV), by 
removing the words ``an accreditation specialization'' and adding the 
words ``a program certification'' in their place.
0
b. In footnote 2, by removing the word ``specializations'' and adding 
the words ``program certification'' in its place.

PART 160--DEFINITION OF TERMS

0
3. 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
4. Section 160.1 is amended as follows:
0
a. In the definition of accredited veterinarian, by removing footnote 
1.
0
b. By adding definitions of Category I animals, Category II animals, 
and herd or flock health plan in alphabetical order, to read as set 
forth below.
0
c. In the definition of qualified accredited veterinarian (QAV), by 
removing the words ``an accreditation specialization'' and adding the 
words ``a program certification'' in their place.


Sec.  160.1  Definitions.

* * * * *
    Category I animals. Any animals other than Category II animals, 
e.g., cats and dogs.
    Category II animals. 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.
* * * * *
    Herd or flock health plan. A written herd or flock health 
management plan, which may include an agreement signed by the owner of 
a herd or flock, the accredited veterinarian, and a State or APHIS 
representative, in which each participant agrees to undertake actions 
specified in the agreement to maintain the health of the animals and 
detect signs of communicable disease.
* * * * *

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

0
5. 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
6. Section 161.1 is amended by revising the section heading and 
paragraphs (b) and (c) and adding new paragraphs (d) through (h) and an 
OMB citation to read as follows:


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

* * * * *
    (b) Categories of accreditation. A veterinarian may be accredited 
as a Category I veterinarian or a Category II veterinarian. A 
veterinarian who is accredited under Category I is only authorized to 
perform accredited duties on Category I animals, as defined in Sec.  
160.1. A veterinarian who is accredited under Category II is authorized 
to perform accredited duties on both Category I animals and Category II 
animals.
    (c) Application for initial accreditation. A veterinarian may apply 
for accreditation by completing an application for accreditation and 
submitting it to APHIS. In completing the application, the veterinarian 
will choose one of the accreditation activity categories, either 
Category I or Category II, as discussed in paragraph (b) of this 
section. Applications for Category I accreditation must include 
certification that the applicant is able to perform the tasks listed in 
paragraph (g)(1) of this section. Applications for Category II 
accreditation must include certification that the applicant is able to 
perform the tasks listed in paragraph (g)(2) of this section. An 
accredited veterinarian must not perform duties requiring a program 
certification unless he or she is accredited under Category II and 
qualified to perform such duties in accordance with Sec.  161.5 of this 
part.
    (d) Review of application. Applications for accreditation received 
by APHIS shall be forwarded to the State Animal Health Official for the 
State in which the veterinarian wishes to perform accredited duties for 
approval. Within 14 days after receiving an application, a State Animal 
Health Official shall either endorse the application or send a written 
statement to the Administrator explaining why it was not endorsed; but 
if the State Animal Health Official fails to take one of these actions 
within 14 days, APHIS shall proceed to review the application. The 
Administrator will review the application and the written statement, if 
any, and determine whether the applicant meets the requirements for 
accreditation contained in this part.
    (e) Accreditation requirements. The Administrator is hereby 
authorized to accredit a veterinarian when he or she determines that:
    (1) The veterinarian is a graduate with a Doctorate of Veterinary 
Medicine or an equivalent degree (any degree that qualifies the holder 
to be licensed by a State to practice veterinary medicine) from a 
college of veterinary medicine;
    (2) The veterinarian is licensed or legally able to practice 
veterinary medicine in the State in which the veterinarian wishes to 
perform accredited duties. APHIS will confirm the licensing status of 
the applicant by contacting the State board of veterinary medical 
examiners or any similar State organization that maintains records of 
veterinarians licensed in a State;
    (3) The veterinarian has completed initial accreditation training, 
using content provided by APHIS; and
    (4) The veterinarian has completed an orientation program approved 
by the Veterinarian-in-Charge for the State in which the veterinarian 
wishes to perform accredited duties, and upon completion of the 
orientation, has signed a written statement listing the date and place 
of orientation, the subjects covered in the orientation, and any 
written materials provided to the veterinarian at the orientation. The 
Veterinarian-in-Charge shall also give the State Animal Health Official 
an opportunity to review the contents of the orientation, and invite 
him or her to participate in developing orientation materials and 
conducting the orientation. The veterinarian applying for accreditation 
must have completed the orientation program within 3 years prior to 
submitting the application for accreditation. The core orientation 
program shall include the following topics:
    (i) Federal animal health laws, regulations, and rules;
    (ii) Interstate movement requirements for animals;
    (iii) Import and export requirements for animals;
    (iv) USDA animal disease eradication and control programs;
    (v) Laboratory support in confirming disease diagnoses;
    (vi) Ethical and professional responsibilities of an accredited 
veterinarian;
    (vii) Foreign animal disease awareness;

[[Page 65011]]

    (viii) Animal health emergency management; and
    (ix) Animal health procedures, issues, and information resources 
relevant to the State in which the veterinarian wishes to perform 
accredited duties.
    (f) Change in accreditation category. (1) Category I to Category 
II. A veterinarian who is accredited under Category I may become 
accredited under Category II if the veterinarian applies for 
accreditation under Category II by completing an application for 
accreditation, including certification that the applicant is able to 
perform the tasks listed in paragraph (g)(2) of this section, and 
submitting it to APHIS. The veterinarian must also have fulfilled the 
training requirements in Sec.  161.3(b) that are associated with 
renewal of accreditation under Category II.
    (2) Category II to Category I. A veterinarian who is accredited 
under Category II may become accredited under Category I if the 
veterinarian applies for accreditation under Category I by completing 
an application for accreditation, including certification that the 
applicant is able to perform the tasks listed in paragraph (g)(1) of 
this section, and submitting it to APHIS. The veterinarian must also 
have fulfilled the training requirements in Sec.  161.3(b) that are 
associated with renewal of accreditation under Category I.
    (g) Tasks that applicants for accredited status must be able to 
perform. Applicants for accredited status must be able to:
    (1) Category I.
    (i) Perform physical examination of individual Category I animals 
to determine whether they are free from any clinical signs suggestive 
of communicable disease.
    (ii) Recognize the common breeds of Category I animals and 
accurately record breed information on official documents.
    (iii) Apply common animal identification for Category I animals.
    (iv) Properly complete certificates for domestic and international 
movement of Category I animals.
    (v) Perform necropsies on Category I animals.
    (vi) Recognize and report clinical signs and lesions of exotic 
animal diseases that occur in Category I animals.
    (vii) Vaccinate Category I animals and accurately complete the 
vaccination certificates.
    (viii) Properly collect and ship specimen samples to the 
appropriate laboratory for testing with complete and accurate 
paperwork.
    (ix) Develop appropriate biosecurity protocols, as well as cleaning 
and disinfection protocols, to control communicable disease spread in 
Category I animals.
    (2) Category II.
    (i) Perform physical examination of individual animals and visually 
inspect herds or flocks to determine whether the animals are free from 
any clinical signs suggestive of communicable disease.
    (ii) Recognize the common breeds of Category I and Category II 
animals, including the types of poultry as defined by the National 
Poultry Improvement Plan in subchapter G of this chapter and the common 
breeds of livestock, and be able to accurately record breed information 
on official documents.
    (iii) Recognize all USDA animal identification systems.
    (iv) Estimate the age of livestock using a dental formula.
    (v) Apply USDA-recognized identification (e.g., eartag, microchip, 
tattoo) for the USDA animal identification system.
    (vi) Certify the health status of an avian flock regarding diseases 
of domestic or international regulatory concern, and evaluate records 
pertaining to poultry flock testing and participation in Federal and 
State poultry health programs and classifications.
    (vii) Properly complete certificates for domestic and international 
movement of animals.
    (viii) Apply and remove official seals.
    (ix) Perform necropsies on animals.
    (x) Recognize and report clinical signs and lesions of exotic 
animal diseases.
    (xi) Develop a herd or flock health plan consistent with 
requirements in subchapters B, C, and D of this chapter.
    (xii) Vaccinate for USDA program diseases and accurately complete 
the vaccination certificate.
    (xiii) Properly collect and ship sample specimens to an appropriate 
laboratory for testing with complete and accurate paperwork.
    (xiv) Properly perform testing for tuberculosis (e.g., caudal fold 
test).
    (xv) Develop appropriate biosecurity protocols, as well as cleaning 
and disinfection protocols, to control communicable disease spread.
    (xvi) Explain basic principles for control of diseases for which 
APHIS or APHIS-State cooperative programs presently exist.
    (h) Authorization to perform duties. An accredited veterinarian may 
not perform accredited duties in a State until after receiving written 
authorization from APHIS. If a Category I accredited veterinarian 
completes the necessary training requirements and becomes a Category II 
accredited veterinarian, the veterinarian may not perform Category II 
accredited duties in a State until after receiving written 
authorization from APHIS.
    (Approved by the Office of Management and Budget under control 
number 0579-0297)

0
7. Section 161.2 is revised to read as follows:


Sec.  161.2  Performance of accredited duties in different States.

    (a) If an accredited veterinarian wishes to perform accredited 
duties in a State other than the State in which the veterinarian was 
initially accredited in accordance with Sec.  161.1(e), the accredited 
veterinarian must complete an application to request authorization to 
perform accredited duties in the new State from the Veterinarian-in-
Charge of that State. The Veterinarian-in-Charge of the new State may 
require the accredited veterinarian to complete, prior to performing 
any accredited duties in the new State, an orientation in animal health 
procedures and issues relevant to the new State. The Veterinarian-in-
Charge shall review the content of each such orientation and shall 
approve its use after determining that it includes adequate information 
about animal health agencies, regulatory requirements, administrative 
procedures, and animal disease issues in the new State, to prepare an 
accredited veterinarian from another State to perform accredited duties 
in the new State. The Veterinarian-in-Charge shall also give the State 
Animal Health Official of the new State an opportunity to review the 
contents of the orientation, and invite him or her to participate in 
developing orientation materials and conducting the orientation.
    (b) An accredited veterinarian may not perform accredited duties in 
a State in which the accredited veterinarian is not licensed or legally 
able to practice veterinary medicine.
    (c) An accredited veterinarian may not perform accredited duties in 
a State other than the one in which the veterinarian was initially 
accredited until the veterinarian receives written authorization from 
APHIS to perform accredited duties in the new State.
    (Approved by the Office of Management and Budget under control 
numbers 0579-0032 and 0579-0297)


Sec. Sec.  161.3 and 161.4  [Redesignated]

0
8. Section 161.4 is redesignated as Sec.  161.6, and Sec.  161.3 is 
redesignated as Sec.  161.4.

0
9. A new Sec.  161.3 is added to read as follows:

[[Page 65012]]

Sec.  161.3  Renewal of accreditation.

    (a) Accredited veterinarians who wish to continue participating in 
the National Veterinary Accreditation Program must renew their 
accreditation every 3 years by completing an application for 
accreditation renewal and submitting it to APHIS. Newly accredited 
veterinarians must renew their accreditation within 3 years of 
completing the orientation program described in Sec.  161.1(e)(4) of 
this part, regardless of when their accreditation was granted. Other 
veterinarians must renew their accreditation within 3 years of the 
previous renewal.
    (b) Accredited veterinarians who wish to renew their accreditation 
under Category I must complete 3 supplemental training units approved 
by APHIS by the end of their 3-year tenure as an accredited 
veterinarian. Accredited veterinarians who wish to renew their 
accreditation under Category II must complete 6 supplemental training 
units approved by APHIS by the end of their 3-year tenure as an 
accredited veterinarian. Accredited veterinarians who wish to change 
the category in which they are accredited, rather than renew 
accreditation in their current accreditation category, should follow 
the procedure in Sec.  161.1(f) of this part.
    (c) Accredited veterinarians who do not complete the required 
training within 3 years as specified in paragraph (a) of this section 
will have their accredited status expire. Veterinarians whose 
accreditation has expired will not be allowed to perform accredited 
duties until they receive notification of their reinstatement from 
APHIS. Veterinarians who perform duties that only accredited 
veterinarians are authorized to perform while their accredited status 
has expired will be subject to such criminal and civil penalties as are 
provided by the Animal Health Protection Act (7 U.S.C. 8301 et seq.) or 
other applicable Federal statutes or regulations. To be reinstated, the 
veterinarian must complete the necessary supplemental training units 
for the appropriate category and submit an application for renewal of 
veterinary accreditation to APHIS. A veterinarian who allows his or her 
accredited status to expire must have completed the required number of 
supplemental training units within 3 years of his or her application 
for renewal in order to be approved for renewal. Supplemental training 
units completed since the veterinarian's last renewal but more than 3 
years before the veterinarian's application for renewal will not count 
towards fulfilling his or her training requirement.
    (d) Veterinarians who are accredited as of February 1, 2010, may 
continue to perform accredited duties between February 1, 2010, and the 
date of their first renewal. APHIS will provide notice for 3 months to 
accredited veterinarians who are accredited as of February 1, 2010, to 
notify them that they must elect to participate in the NVAP as a 
Category I or Category II veterinarian. Veterinarians must elect to 
continue to participate within 3 months of the end of the notification 
period, or their accredited status will expire. When APHIS receives 
notice from an accredited veterinarian that he or she elects to 
participate, APHIS will notify the accredited veterinarian of his or 
her date for first renewal. The accredited veterinarian must then 
complete all the training requirements for renewal, as described in 
this section, by his or her first renewal date.
    (Approved by the Office of Management and Budget under control 
number 0579-0297)

0
10. Section 161.5 is revised to read as follows:


Sec.  161.5  Program certifications.

    A program certification recognized by the Administrator may be 
granted to an accredited veterinarian in Category II upon completion of 
an additional orientation or training program approved by APHIS that 
focuses on the specific area for which the veterinarian is seeking 
program certification. Veterinarians accredited under Category I are 
not eligible to earn program certifications. Accredited veterinarians 
may elect to participate in a program certification on a voluntary 
basis. Participants in these program certifications will be qualified 
in a particular area or specialty. In addition to Category II training, 
qualification for a program certification will include additional 
specialized training, which may include periodic training updates. For 
certain program certifications, the cost of orientation or training may 
be borne by the accredited veterinarian. An accredited veterinarian 
granted a program certification will be referred to as a qualified 
accredited veterinarian or QAV. A QAV will be authorized to perform 
those accredited duties related to the program certification he or she 
has earned; accredited veterinarians not granted program certifications 
will not be permitted to perform accredited duties related to that 
particular program certification. If a QAV allows his or her Category 
II accreditation to expire, the QAV's program certification expires as 
well, and the QAV must be qualified for the program certification again 
in accordance with this section.

0
11. Newly redesignated Sec.  161.6 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. By revising paragraph (a) to read as set forth below.
0
c. By redesignating paragraphs (b), (c), and (d) as paragraphs (d), 
(e), and (f), respectively.
0
d. By adding new paragraphs (b), (c), and (g) to read as set forth 
below.


Sec.  161.6  Suspension or revocation of veterinary accreditation and 
reaccreditation; criminal and civil penalties.

    (a) The Administrator is authorized to suspend for a given period 
of time, or to revoke, the accreditation of a veterinarian when he or 
she determines that the accredited veterinarian has not complied with 
the ``Standards for Accredited Veterinarian Duties'' as set forth in 
Sec.  161.4 of this part or with any of the other regulations in this 
subchapter, or is otherwise found to be unfit to be accredited. 
Veterinarians who perform duties that only accredited veterinarians are 
authorized to perform while their accredited status is suspended or 
revoked will be subject to such criminal and civil penalties as are 
provided by the Animal Health Protection Act (7 U.S.C. 8301 et seq.) or 
other applicable Federal statutes or regulations. Performing accredited 
duties while accreditation status is suspended or revoked will be 
considered grounds for the Administrator to suspend accreditation, 
revoke accreditation, or deny application for reaccreditation, as 
circumstances warrant. A veterinarian whose accreditation has been 
suspended or revoked or whose application for reaccreditation has been 
denied may request a hearing under Sec.  162.13 to challenge the 
Administrator's decision.
    (b) Reinstatement after suspension. A veterinarian whose 
accreditation has been suspended for less than 6 months (other than a 
summary suspension that is changed to a revocation as a result of an 
adjudicatory proceeding) will be automatically reinstated as an 
accredited veterinarian upon completion of the suspension. A 
veterinarian whose accreditation has been suspended for 6 months or 
more must complete a reaccreditation orientation program in accordance 
with paragraph (c)(2)(ii) of this section before accreditation will be 
reinstated.
    (c) Reaccreditation after revocation. A veterinarian whose 
accreditation has been revoked may apply for reaccreditation by 
completing an

[[Page 65013]]

application for reaccreditation and submitting it to the Veterinarian-
in-Charge of the State or area where he or she wishes to perform 
accredited work. The application may be submitted when the revocation 
has been in effect for not less than 2 years, unless the revocation 
order specifies that the veterinarian whose accreditation has been 
revoked may not submit an application for reaccreditation until the 
revocation has been in effect for a period of time longer than 2 years.
    (1) Completed applications for reaccreditation received by a 
Veterinarian-in-Charge shall be reviewed by the State Animal Health 
Official for the State in which the veterinarian wishes to perform 
accredited duties. Within 14 days after receiving an application, the 
State Animal Health Official shall either endorse the application or 
send a written statement to the Administrator explaining why it was not 
endorsed; but if the State Animal Health Official fails to take one of 
these actions within 14 days, the Veterinarian-in-Charge shall proceed 
to review the application. The Administrator will review the 
application and the written statement, if any, and determine whether 
the applicant meets the requirements for reaccreditation contained in 
this part.
    (2) Once a veterinarian whose accreditation has been revoked has 
correctly applied for reaccreditation in accordance with the 
requirements of paragraph (c) of this section, the Administrator will 
determine whether to reaccredit or to deny reaccreditation. This 
determination will be based on whether the veterinarian has fulfilled 
the following conditions:
    (i) The veterinarian is licensed or legally able to practice 
veterinary medicine in the State in which the veterinarian wishes to 
perform accredited duties;
    (ii) The veterinarian has completed a reaccreditation orientation 
program approved by the Veterinarian-in-Charge for the State in which 
the veterinarian wishes to perform accredited work, and upon completion 
of the orientation, has signed a written statement listing the date and 
place of orientation, the subjects covered in the orientation, and any 
written materials provided to the veterinarian at the orientation. The 
Veterinarian-in-Charge shall also give the State Animal Health Official 
an opportunity to review the contents of the reaccreditation 
orientation, and invite him or her to participate in developing 
orientation materials and conducting the orientation. The orientation 
program shall include topics addressing the subject areas which led to 
loss of accreditation for the applicant, and subject areas which have 
changed since the applicant lost accreditation; and
    (iii) The professional integrity and reputation of the applicant 
support a conclusion that the applicant will faithfully fulfill the 
duties of an accredited veterinarian in the future. In making this 
conclusion, the Administrator shall review all available information 
about the applicant, including recommendations of the State Animal 
Health Official, and shall consider:
    (A) Any criminal conviction records indicating that the applicant 
may lack the honesty, integrity, and reliability to appropriately and 
effectively perform accredited duties and to uphold the integrity of 
the National Veterinary Accreditation Program;
    (B) Official records of the applicant's actions participating in 
Federal, State, or local veterinary programs;
    (C) Judicial determinations in civil litigation adversely 
reflecting on the honesty, integrity, and reliability of the applicant; 
and
    (D) Any other evidence reflecting on the honesty, professional 
integrity, reliability and reputation of the applicant.
    (3)(i) If a veterinarian is reaccredited under paragraph (c)(2) of 
this section, the veterinarian may begin performing accredited duties 
again upon receipt of notification from the Administrator that he or 
she is eligible to do so.
    (ii) If an application for reaccreditation is denied under 
paragraph (c)(2) of this section, the veterinarian may apply for 
reaccreditation in accordance with this paragraph (c) not less than 2 
years after the application was last denied, unless the decision 
specifies that the veterinarian may not reapply for reaccreditation 
until a period of time longer than 2 years has passed.
* * * * *
    (g) Notice of warning. In lieu of suspension or revocation, the 
Administrator is authorized to issue a written notice of warning to an 
accredited veterinarian when the Administrator determines a notice of 
warning will be adequate to attain compliance with the Standards for 
Accredited Veterinarian Duties in Sec.  161.4 of this part.

0
12. A new Sec.  161.7 is added to read as follows:


Sec.  161.7  Activities performed by non-accredited veterinarians.

    (a) Full-time Federal (including military) and State employed 
veterinarians are authorized to perform functions specified in 
subchapters B, C, and D of this chapter, pursuant to delegation of 
authority by the Administrator or cooperative agreements, without 
specific accreditation under the provisions of this subchapter.
    (b) Except as provided by paragraph (a) of this section, anyone who 
performs accredited veterinarian duties that he or she is not 
authorized to perform will be subject to such criminal and civil 
penalties as are provided by the Animal Health Protection Act (7 U.S.C. 
8301 et seq.) or other applicable Federal statutes or regulations. 
Performing accredited duties without having been accredited will be 
considered grounds for the Administrator to deny an application for 
accreditation.

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

0
13. 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.

0
14. Section 162.10 is revised to read as follows:


Sec.  162.10  Summary suspension or revocation of accreditation of 
veterinarians.

    In any situation where the Administrator has reason to believe that 
any veterinarian accredited under the provisions of parts 160 and 161 
of this subchapter has knowingly violated the Animal Health Protection 
Act (7 U.S.C. 8301 et seq.), the Administrator may summarily suspend 
the accreditation of such veterinarian pending final determination in 
either a suspension or revocation proceeding, effective upon oral or 
written notification, whichever is earlier. In the event of oral 
notification, a written confirmation thereof shall be given to such 
veterinarian as promptly as circumstances permit.


Sec.  162.12  [Amended]

0
15. In Sec.  162.12, paragraphs (b), (c), and (d) are redesignated as 
paragraphs (c), (d), and (b), respectively.
    Done in Washington, DC, this 1\st\ day of December 2009.

Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-29253 Filed 12-08-09; 1:26 pm]
BILLING CODE 3410-34-S