[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Proposed Rules]
[Pages 8634-8639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3256]



[[Page 8634]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 160 and 161

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


National Veterinary Accreditation Program

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; supplemental.

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SUMMARY: We are proposing four changes related to our proposed rule 
published in the Federal Register on June 1, 2006, that would amend the 
regulations regarding the National Veterinary Accreditation Program. 
The June 2006 proposed rule would establish two accreditation 
categories in place of the current single category, add requirements 
for supplemental training and renewal of accreditation, and offer 
accreditation specializations. In this supplemental proposed rule, we 
are proposing to adjust the scope of the two accreditation categories; 
to require initial accreditation training for veterinarians seeking 
accreditation; to require newly accredited veterinarians to renew their 
accreditation 3 years after completing initial accreditation training; 
and to reduce the training required for renewal of accreditation from 
the amount discussed in the June 2006 proposal.

DATES: We will consider all comments that we receive on or before April 
30, 2007.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0093 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
    <bullet> Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0093, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0093.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

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 believe would improve the June 2006 
proposed rule. We are publishing this supplemental proposed rule to 
allow an opportunity for public comment on these changes. After 
evaluating any comments received on this supplemental proposal, we will 
publish a final rule addressing comments received on both the June 2006 
proposed rule and this supplemental proposed rule.
    The four changes included in this supplemental proposal are 
described directly below.

Changing the Scope of Category I and Category II Accreditation

    We are proposing to establish two categories of accreditation: 
Category I and Category II. Under the June 2006 proposal, veterinarians 
accredited under Category I would have been authorized to perform 
accredited duties on companion animals. The June 2006 proposal would 
have defined companion animals as animals commonly kept as pets in 
family households in the United States. The proposed definition 
specifically excluded horses, food or fiber animal species, and other 
livestock or poultry animals. Only Category II veterinarians, who would 
be required to complete more training than Category I veterinarians, 
would have been authorized to perform duties on those animals. Category 
II veterinarians would also have been authorized to perform accredited 
duties on companion animals.
    We received several comments on the 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 be required for Category II 
veterinarians.
    These comments have led us to reconsider the division between

[[Page 8635]]

Category I and Category II. Some species of animals are commonly kept 
as household pets but are susceptible to diseases that are subject to 
control or eradication by APHIS. For example, pet birds are susceptible 
to poultry diseases such as avian influenza and exotic Newcastle 
disease, and pot-bellied pigs are susceptible to the same diseases as 
farm-raised swine, such as pseudorabies.
    We would want Category II veterinarians to perform accredited 
duties relating to any food and fiber animal species, horses, farm-
raised fish, poultry, and all other livestock. (As defined in the 
Animal Health Protection Act [7 U.S.C. 8301-8317], ``livestock'' refers 
to all farm-raised animals.) We would also want Category II 
veterinarians to perform accredited duties on birds. These types of 
animals are susceptible to diseases for which APHIS has regulatory 
control or eradication programs. Requiring that veterinarians 
performing accredited duties on those animals be accredited under 
Category II would ensure that they have the necessary training to 
recognize symptoms of those diseases and the necessary skills to take 
appropriate action. For example, as one of the commenters noted, it 
might be necessary for an accredited veterinarian to develop a flock 
health plan for a group of pet birds that had been exposed to a poultry 
disease like avian influenza. Similarly, a veterinarian who performs 
accredited duties on a pot-bellied pig would need to be able to 
recognize the clinical signs of pseudorabies and know what to do if the 
disease is found; the same would apply to any animal from a food or 
fiber animal species that is kept domestically. Requiring that 
veterinarians who deal with these species be accredited under Category 
II would ensure that they could perform the necessary tasks.
    In addition, APHIS has a program in which zoo animals that could 
transmit exotic animal diseases to domestic livestock are kept under 
postentry quarantine after importation. For ruminants, this program is 
outlined in Sec.  93.404(c); for swine, this program is outlined in 
Sec.  93.504(c). Other zoo animals may also present a risk to domestic 
livestock and may be held at zoos under similar conditions. We would 
want veterinarians who deal with animals that could transmit exotic 
animal diseases to domestic livestock to have the additional training 
and skills required for Category II accreditation. (Category I 
accreditation would be adequate for veterinarians who did not work with 
animals that could transmit exotic animal diseases to domestic 
livestock.)
    Therefore, in this supplemental proposal, we are proposing that 
Category I veterinarians 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. We would refer to these 
animals as nonregulated animals, and add a definition of nonregulated 
animals in Sec.  160.1.\1\ We would not include the definition of 
companion animals from the June 2006 proposed rule in the regulations. 
We would replace all the references to companion animals in the June 
2006 proposed rule with references to nonregulated animals.
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    \1\ We would consider these animals to be ``nonregulated'' from 
the perspective of the veterinary accreditation program, which is 
concerned with APHIS animal disease regulations. In 9 CFR parts 1, 
2, and 3, APHIS has promulgated separate standards and other 
requirements governing the humane handling, housing, care, 
treatment, and transportation of animals including dogs, cats, and 
other animals considered nonregulated under this definition. This 
change would not affect those regulations.
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    Our definition of nonregulated animals would also indicate that 
dogs and cats are examples of nonregulated animals. Under this 
supplemental proposal, Category I veterinarians would be required to be 
able to perform the tasks listed in paragraph (g)(1) of proposed Sec.  
161.1. The category of animals that are not included in the definition 
of nonregulated animals is diverse. Veterinarians pursuing 
accreditation under Category I should at a minimum be able to perform 
the tasks listed in paragraph (g)(1) of proposed Sec.  161.1 on dogs 
and cats, the most common types of nonregulated animals. While we 
recognize that Category I veterinarians may specialize in exotic types 
of nonregulated animals, we would want veterinarians accredited under 
Category I to be able to perform the tasks listed in paragraph (g)(1) 
of proposed Sec.  161.1 on common nonregulated animals as well.
    Relating to the tasks listed in paragraph (g)(1) of proposed Sec.  
161.1, we note that we would retain the proposed requirement that 
Category I veterinarians be able to recognize and report clinical signs 
and lesions of exotic animal diseases that occur in nonregulated 
animals. Some diseases for which APHIS has a regulatory control or 
eradication program can be found in almost any species, even though we 
are pursuing control or eradication of the diseases primarily in 
livestock or poultry. The screwworm parasite is one example. We would 
want Category I veterinarians to be able to recognize the screwworm 
parasite if a nonregulated animal, such as a dog or cat, is affected by 
it, so they can take the appropriate action.
    Under this supplemental proposal, Category II veterinarians would 
be authorized to perform accredited duties on all animals, both those 
that are susceptible to diseases for which APHIS does have a regulatory 
control or eradication program and those that are not. This is 
unchanged from the June 2006 proposal, which also would have authorized 
Category II veterinarians to perform accredited duties on all animals.
    For the most part, these changes would result in Category I and 
Category II veterinarians being able to perform the same scope of tasks 
as they would have under the June 2006 proposed rule. We believe that 
the division between categories is clearer in this supplemental 
proposal than it was in the June 2006 proposed rule. Some types of 
animals would have been considered companion animals on which Category 
I veterinarians would have been allowed to perform accredited duties 
under the June 2006 proposed rule, but would now be considered animals 
on which only Category II veterinarians could perform accredited 
duties; these would most prominently include pet birds. However, as 
discussed earlier, we believe it is necessary to require that 
veterinarians performing accredited duties on livestock, birds, and zoo 
animals be accredited under Category II.

Requiring Initial Accreditation Training for All Veterinarians Seeking 
Accreditation

    The June 2006 proposal would have allowed veterinarians applying 
for initial accreditation to choose between Category I and Category II 
accreditation. Applicants seeking Category II accreditation would have 
been required to complete five additional supplemental training units 
in addition to their core orientation before they could become 
accredited under Category II; applicants for Category I accreditation 
would simply have had to complete the core orientation.
    However, since the publication of the June 2006 proposed rule, we 
have begun efforts to develop initial accreditation training that would 
be required to be completed by all veterinarians seeking accreditation. 
In this supplemental proposal, we would add a requirement that 
veterinarians seeking accreditation complete initial accreditation 
training. Veterinarians seeking accreditation

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under both Categories I and II would have to complete initial 
accreditation training prior to becoming accredited.
    The initial accreditation training would typically be administered 
in veterinary schools using content developed by APHIS, although we 
would ensure that it would be available through other venues for 
veterinarians seeking accreditation who do not graduate from U.S. 
veterinary schools. The initial accreditation training would supplement 
the core orientation described in Sec.  161.1(e)(4) of this 
supplemental proposal, which is conducted by the Veterinarian-in-Charge 
for the State in which the applicant is applying for accreditation. The 
initial accreditation training would be designed to ensure that all 
veterinarians seeking accreditation have a common knowledge base in 
addition to the program administration and State-specific topics 
discussed in the core orientation.
    As mentioned earlier, the June 2006 proposal would have required 
that, in addition to the core orientation, veterinarians seeking 
Category II accreditation complete an additional five units of training 
prior to accreditation. Because this supplemental proposal would 
require all veterinarians to complete initial accreditation training, 
we believe that the previous requirement that Category II veterinarians 
complete five additional supplemental training units unnecessary. 
Therefore, we have not included it in this supplemental proposal. 
Veterinarians who complete initial accreditation training would be able 
to opt for accreditation under either Category I or Category II, 
without the additional training requirement.
    To accomplish these changes, we propose to revise Sec.  161.1 of 
the June 2006 proposed rule by adding a new paragraph (b) describing 
the division between Category I and Category II accreditation and by 
removing the paragraph in the June 2006 proposed rule that would have 
required additional training for applicants for initial accreditation 
under Category II. We would also add a new paragraph Sec.  161.1(e)(3) 
that would require the initial accreditation training. This 
supplemental proposal also makes some organizational changes to Sec.  
161.1 as it was set out in the June 2006 proposal, to make the order of 
the regulatory provisions more consistent with the order in which the 
steps required for initial accreditation would need to be accomplished. 
These changes can be reviewed in the regulatory text at the end of this 
document.

Requiring Newly Accredited Veterinarians To Renew Accreditation 3 Years 
After Completing Initial Accreditation Training

    In the June 2006 proposal, we would have required that accredited 
veterinarians complete training to renew their accreditation every 3 
years. We did not specifically state how we would set the dates by 
which newly accredited veterinarians would have to renew their 
accreditation. We had intended that newly accredited veterinarians 
would be required to renew their accreditation 3 years after they were 
initially accredited.
    We proposed to require that veterinarians complete training to 
renew their accreditation in order to ensure that accredited 
veterinarians have up-to-date information on disease threats and other 
important topics involved in performing their duties. For veterinarians 
seeking initial accreditation, this training would be provided in the 
initial accreditation training, as we would require in proposed Sec.  
161.1(e)(3), and in the core orientation, described in proposed Sec.  
161.1(e)(4). Besides completing the initial accreditation training and 
core orientation, veterinarians seeking accreditation must also have 
graduated from a college of veterinary medicine and be licensed or 
legally able to practice veterinary medicine in the State in which the 
veterinarian wishes to perform accredited duties. After all these 
requirements are met, a veterinarian may be accredited.
    However, some veterinary schools may give the initial accreditation 
training to their students as much as 18 months before graduation. If 
we were to set the date by which these newly accredited veterinarians 
would have to renew their accreditation at 3 years from the date on 
which they were initially accredited, their initial accreditation 
training could have occurred as long as 4.5 years ago by the time they 
renew their accreditation. The intention of our proposed renewal 
provisions is to require that accredited veterinarians complete 
additional training every 3 years, to ensure that their training is up 
to date.
    Therefore, in this supplemental proposal, we are proposing to 
require that newly accredited veterinarians renew their accreditation 
within 3 years of completing the initial accreditation training in 
Sec.  161.1(e)(3), regardless of when their accreditation is granted. 
Other veterinarians would have to renew their accreditation within 3 
years of the previous renewal. (We would still plan to handle the 
initial renewal of accreditation for currently accredited veterinarians 
according to the procedures in Sec.  161.3(d) of the June 2006 proposed 
rule.) This change would ensure that newly accredited veterinarians 
receive up-to-date training when they renew their accreditation.

Reducing the Amount of Training Required for Renewal of Accreditation

    We received several comments on the June 2006 proposed rule 
expressing concern about the amount of training that would have been 
required for renewal of accreditation. After reviewing our planned 
training, we agree that essential topics for renewal of accreditation 
could be covered in fewer units of training than we would have required 
in the June 2006 proposal. Accordingly, this supplemental proposal 
reduces the amount of training we would require for renewal of Category 
II accreditation from nine supplemental training units to six, and the 
amount of training we would require for the renewal of Category I 
accreditation from four units to three.

Miscellaneous Changes

    The text in proposed Sec.  161.3(b) in the June 2006 proposed rule 
stated the requirements for renewal of accreditation under an 
accredited veterinarian's current category, but did not provide 
information on how to change accreditation categories. This process 
requires a new application, and the process for changing accreditation 
categories would be described in proposed Sec.  161.1(f). This 
supplemental proposal would include a reference to that process in 
Sec.  161.3(b).
    In addition, the June 2006 proposed rule referred to specific form 
titles and numbers when discussing applying for accreditation and 
renewal of accreditation. However, 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. Therefore, this supplemental proposal does not include any 
references to specific form titles and numbers.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This action supplements a proposed rule published in the Federal 
Register on June 1, 2006, that proposed to amend

[[Page 8637]]

the regulations 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. The 
economic analysis for the June 2006 proposed rule was set forth in that 
proposed rule. It included a cost-benefit analysis as required by 
Executive Order 12866 and an analysis of the potential economic effects 
on small entities as required by the Regulatory Flexibility Act.
    This supplemental proposal contains four changes to the June 2006 
proposal: Changing the scope of Category I and Category II 
accreditation; requiring initial accreditation training for 
veterinarians seeking accreditation; requiring newly accredited 
veterinarians to renew their accreditation 3 years after completing 
core orientation; and reducing the amount of training required for 
renewal of accreditation.
    The first change could result in some veterinarians who would have 
been accredited under Category I under the June 2006 proposal instead 
being accredited under Category II. This means that the training they 
would have to complete, and the scope of tasks that they would have to 
be able to perform, would increase. Specifically, veterinarians 
accredited under Category II rather than Category I would have to 
complete six units of supplemental training every 3 years, rather than 
three units; they would also have to perform the more diverse list of 
tasks in proposed paragraph (g)(2) of Sec.  161.1, rather than the 
tasks listed in proposed (g)(1).
    However, the marginal cost of the additional training would be 
expected to be minimal. The majority of the supplemental training would 
be delivered through the World Wide Web, with no charge to the 
participating veterinarians. The Internet-based training would 
eliminate the need for additional costs for travel and accommodations 
for these veterinarians taking the training. We also anticipate 
approving some classroom training conducted at the State level, which 
could then be used to fulfill part of the renewal requirement. Paper 
copies of training materials would also be available for a printing and 
mailing fee. Thus, there would be no additional costs associated with 
being accredited under Category II rather than Category I, except for 
the time spent completing the additional training.
    With regard to performing tasks, most graduates of veterinary 
school are capable of performing the tasks listed in proposed Sec.  
161.1(g)(2); therefore, we would not expect accredited veterinarians to 
incur any additional expenses to be able to perform them.
    Requiring initial accreditation training for veterinarians seeking 
accreditation, the second change in this supplemental proposal, would 
not affect the expected training burden for Category II veterinarians, 
as they would no longer be required to complete five separate 
supplemental training units. For Category I veterinarians, the initial 
accreditation training would be an additional time burden. Applicants 
for accreditation who have already completed their veterinary 
education, such as veterinarians from other countries, would have to 
take the initial accreditation training separately, but APHIS would 
make the training available at no cost.
    The third change, requiring newly accredited veterinarians to renew 
their accreditation 3 years after completing core orientation, would 
simply shift the training burden for some newly accredited 
veterinarians, but the amount of training they would be required to 
complete would remain the same.
    The fourth change, reducing the amount of training required for 
renewal of accreditation, would reduce the time burden on accredited 
veterinarians and thus the costs associated with maintaining their 
accreditation.

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 supplemental proposed rule and the June 2006 proposal would 
change a continuing program. Entities that would be affected as a 
result of the proposed changes in the regulations would 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 
24,510 in 2000; they employed 219,868 people with an annual payroll of 
$4.82 billion (2000 County Business Patterns, NAICS, U.S. Economic 
Census 2000).
    We do not know how many of these establishments are considered 
small entities under the SBA's standards. However, the changes in this 
supplemental proposal would not be expected to have any significant 
economic effect on any of these 24,510 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 would 
not have a significant economic impact on a substantial number of small 
entities.

Paperwork Reduction Act

    This action supplements a proposed rule published in the Federal 
Register on June 1, 2006, that would have necessitated revisions to the 
Application for Veterinary Accreditation, as well as the introduction 
of two additional forms: An Application to Perform Accredited Duties in 
Another State and an Application for Renewal of Accreditation. This 
supplemental proposal does not affect those requirements or add new 
requirements that impose a paperwork burden.
    This supplemental proposed rule contains no new information 
collection or recordkeeping requirements under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 160

    Veterinarians.

9 CFR Part 161

    Reporting and recordkeeping requirements, Veterinarians.

    For the reasons set forth in the preamble, we propose to amend 
parts 160 and 161 as set out in the proposed rule published on June 1, 
2006 (71 FR 31109-31121), as follows:

PART 160--DEFINITION OF TERMS

    1. The authority citation for part 160 would continue to read as 
follows:


[[Page 8638]]


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

    2. Section 160.1 is amended as follows:
    a. By removing the definition of companion animals.
    b. By adding, in alphabetical order, a new definition of 
nonregulated animals to read as set forth below.


Sec.  160.1  Definitions.

* * * * *
    Nonregulated animals. 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. 
Examples of nonregulated animals include dogs and cats.
* * * * *

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

    3. The authority citation for part 161 would continue 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.

    4. In Sec.  161.1, paragraphs (b) through (g) are revised to read 
as follows, and a new paragraph (h) is added 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 nonregulated animals, as defined in Sec.  
160.1. A veterinarian who is accredited under Category II is authorized 
to perform accredited duties on all animals, both regulated and 
nonregulated.
    (c) Application for initial accreditation. A veterinarian may apply 
for accreditation by completing an application for accreditation and 
submitting it to the Veterinarian-in-Charge in the State where he or 
she wishes to perform accredited duties. 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 an 
accreditation specialization 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 a Veterinarian-in-Charge 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, 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 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 practice, 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 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;
    (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 the Veterinarian-in-Charge in the State where he or 
she wishes to perform accredited duties. 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 the Veterinarian-in-Charge in the 
State where he or she wishes to perform accredited duties. 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 nonregulated animals 
to determine whether they are free from any clinical signs suggestive 
of communicable disease.

[[Page 8639]]

    (ii) Recognize the common breeds of nonregulated animals and 
accurately record breed information on official documents.
    (iii) Apply common animal identification for nonregulated animals.
    (iv) Properly complete certificates for domestic and international 
movement of nonregulated animals.
    (v) Perform necropsies on nonregulated animals.
    (vi) Recognize and report clinical signs and lesions of exotic 
animal diseases that occur in nonregulated animals.
    (vii) Vaccinate nonregulated animals and accurately complete the 
vaccination certificate.
    (viii) Properly collect and ship specimen samples to 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 
nonregulated 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 nonregulated animals, 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 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.
    (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.
    (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.
    5. In Sec.  161.3, paragraphs (a) and (b) are revised to read as 
follows:


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 initial accreditation training described in Sec.  
161.1(e)(3) 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 three 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 six 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.
* * * * *

    Done in Washington, DC, this 20th day of February, 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-3256 Filed 2-26-07; 8:45 am]
BILLING CODE 3410-34-P