80_FR_76193 80 FR 75959 - Solicitation of Veterinary Shortage Situation Nominations for the Veterinary Medicine Loan Repayment Program (VMLRP)

80 FR 75959 - Solicitation of Veterinary Shortage Situation Nominations for the Veterinary Medicine Loan Repayment Program (VMLRP)

DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture

Federal Register Volume 80, Issue 234 (December 7, 2015)

Page Range75959-75965
FR Document2015-30717

The National Institute of Food and Agriculture (NIFA) is soliciting nominations of veterinary service shortage situations for the Veterinary Medicine Loan Repayment Program (VMLRP) for fiscal year (FY) 2016, as authorized under the National Veterinary Medical Services Act (NVMSA), 7 U.S.C. 3151a. This notice initiates the nomination period and prescribes the procedures and criteria to be used by State, Insular Area, DC and Federal Lands to nominate veterinary shortage situations. Each year all eligible nominating entities may submit nominations, up to the maximum indicated for each entity in this notice. NIFA is conducting this solicitation of veterinary shortage situation nominations under a previously approved information collection (OMB Control Number 0524-0046).

Federal Register, Volume 80 Issue 234 (Monday, December 7, 2015)
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 75959-75965]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30717]


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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / 
Notices

[[Page 75959]]



DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture


Solicitation of Veterinary Shortage Situation Nominations for the 
Veterinary Medicine Loan Repayment Program (VMLRP)

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Notice and solicitation for nominations.

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

SUMMARY: The National Institute of Food and Agriculture (NIFA) is 
soliciting nominations of veterinary service shortage situations for 
the Veterinary Medicine Loan Repayment Program (VMLRP) for fiscal year 
(FY) 2016, as authorized under the National Veterinary Medical Services 
Act (NVMSA), 7 U.S.C. 3151a. This notice initiates the nomination 
period and prescribes the procedures and criteria to be used by State, 
Insular Area, DC and Federal Lands to nominate veterinary shortage 
situations. Each year all eligible nominating entities may submit 
nominations, up to the maximum indicated for each entity in this 
notice. NIFA is conducting this solicitation of veterinary shortage 
situation nominations under a previously approved information 
collection (OMB Control Number 0524-0046).

DATES: Shortage situation nominations, both new and carry over, must be 
submitted on or before February 10, 2016.

ADDRESSES: Submissions must be made by clicking the submit button on 
the Veterinarian Shortage Situation nomination form provided in the 
VMLRP Shortage Situations section at www.nifa.usda.gov/vmlrp.
    This form is sent as a data file directly to the Veterinary 
Medicine Loan Repayment Program; National Institute of Food and 
Agriculture; U.S. Department of Agriculture.

FOR FURTHER INFORMATION CONTACT: Danielle Tack; Program Coordinator, 
Veterinary Science; National Institute of Food and Agriculture; U.S. 
Department of Agriculture; STOP 2220; 1400 Independence Avenue SW., 
Washington, DC 20250-2220; Voice: 202-401-6802; Fax: 202-401-6156; 
Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background and Purpose

    A series of three peer-reviewed studies published in 2007 in the 
Journal of the American Veterinary Medical Association (JAVMA), and 
sponsored by the Food Supply Veterinary Medicine Coalition 
(www.avma.org/KB/Resources/Reference/Pages/about-fsvm-coalition.aspx), 
drew considerable attention to an existing and apparent growing 
shortage of food supply veterinarians, the causes of shortages in this 
sector, and the consequences to the US food safety infrastructure and 
to the general public if this trend continues to worsen. Subsequently 
the Government Accountability Office released a report entitled 
``Veterinary Workforce: Actions Are Needed to Ensure Sufficient 
Capacity for Protecting Public and Animal Health'' (GAO-09-178: Feb 18, 
2009). This report was followed by a National Academies of Science 
report in 2013 entitled ``Workforce Needs in Veterinary Medicine''. 
While the 2013 report concluded that some sectors of the veterinary 
workforce are not in shortage, the authors affirmed that ``livestock 
farmers who live far from populated areas have difficulty obtaining 
veterinary care.'' Furthermore, regarding the largest subgroup of 
veterinarians serving the food animal industries, the reported stated, 
``. . . new graduates are not entering this type of practice anymore, 
[and therefore] food-animal-predominant veterinarians, as a group, are 
now composed of rapidly-aging members.''
    Food supply veterinary medicine embraces a broad array of 
veterinary professional activities, specialties and responsibilities, 
and is defined as the full range of veterinary medical practices 
contributing to the production of a safe and wholesome food supply and 
to animal, human, and environmental health. The privately practicing 
food animal veterinary practitioner population within the US is, 
numerically, the largest, and arguably the most important single 
component of the food supply veterinary medical sector. Private 
practice food animal veterinarians, working closely with livestock 
producers and State and Federal officials, constitute the first line of 
defense against spread of endemic and zoonotic diseases, introduction 
of high consequence foreign animal diseases, emergence and propagation 
of antibiotic resistance, and other threats to the health and wellbeing 
of both animals and humans who consume animal products.
    Among the most alarming findings of the Coalition-sponsored studies 
was that insufficient numbers of veterinary students are selecting food 
supply veterinary medical careers. This development has led both to 
current workforce imbalances and to projected worsening of localized 
shortages over the subsequent 10 years. Burdensome educational debt was 
the leading concern students listed for opting not to choose a career 
in food animal practice or other food supply veterinary sectors. 
According to the American Veterinary Medical Association's (AVMA) 2015 
report on veterinary debt and income, the mean veterinary educational 
debt for students graduating from veterinary school with debt was 
$153,191. Such debt loads incentivize students to select other 
veterinary careers, such as companion animal medicine, which tend to be 
more financially lucrative and, therefore, enable students to more 
quickly repay their outstanding educational loans. Furthermore, when 
this issue was studied in the Coalition report from the perspective of 
identifying solutions to this workforce imbalance, panelists were asked 
to rate 18 different strategies for addressing shortages. Responses 
from the panelists overwhelmingly showed that student debt repayment 
and scholarship programs were the most important strategies in 
addressing future shortages (JAVMA 229:57-69). When the VMLRP was first 
authorized in 2005, the average graduating educational debt of 
veterinarians was approximately $75,000. Since that time average 
educational debt burden has more than doubled thereby greatly 
exacerbating the leading factor promoting the workforce imbalance this 
program seeks to mitigate.
    The VMLRP is aligned with the USDA Strategic Plan for Fiscal Years 
2014-

[[Page 75960]]

2018, particularly with the following strategic goals and objectives: 
Goal 1--Assist Rural Communities to Create Prosperity so They Are Self-
Sustaining, Repopulating, and Economically Thriving, Goal 3--Help 
America Promote Agricultural Production and Biotechnology Exports as 
America Works to Increase Food Security, Objective 4.3--Protect Public 
Health by Ensuring Food is Safe, and Objective 4.4--Protect 
Agricultural Health by Minimizing Major Diseases and Pests to Ensure 
Access to Safe, Plentiful, and Nutritious Food. A copy of the USDA 
Strategic Plan is available at www.ocfo.usda.gov/usdasp/sp2014/usda-strategic-plan-fy-2014-2018.pdf.

Paperwork Reduction Act

    In accordance with the Office of Management and Budget (OMB) 
regulations (5 CFR part 1320) that implement the Paperwork Reduction 
Act of 1995 (44 U.S.C. Chapter 35), the information collection and 
recordkeeping requirements imposed by the implementation of these 
guidelines have been approved by OMB Control Number 0524-0046.

List of Subjects in Guidelines for Veterinary Shortage Situation 
Nominations

I. Preface and Authority
II. Nomination of Veterinary Shortage Situations
    A. General
    1. Eligible Shortage Situations
    2. Authorized Respondents and Use of Consultation
    3. Rationale for Capping Nominations and State Allocation Method
    4. State Allocation of Nominations
    5. FY 2016 Shortage Situation Nomination Process
    6. Submission and Due Date
    7. Period Covered
    8. Definitions
    B. Nomination Form and Description of Fields
    1. Access to Nomination Form
    2. Physical Location of Shortage Area or Position
    3. Overall Priority of Shortage
    4. Type I Shortage
    5. Type II Shortage
    6. Type III Shortage
    7. Specifying a Different Service Time Requirement (Optional)
    8. Written Response Sections
    C. NIFA Review of Shortage Situation Nominations
    1. Review Panel Composition and Process
    2. Review Criteria Guidelines for Veterinary Shortage Situation 
Nominations

I. Preface and Authority

    In January 2003, the National Veterinary Medical Service Act 
(NVMSA) was passed into law adding section 1415A to the National 
Agricultural Research, Extension, and Teaching Policy Act of 1997 
(NARETPA). This law established a new Veterinary Medicine Loan 
Repayment Program (7 U.S.C. 3151a) authorizing the Secretary of 
Agriculture to carry out a program of entering into agreements with 
veterinarians under which they agree to provide veterinary services in 
veterinarian shortage situations.
    In FY 2010, NIFA announced the first funding opportunity for the 
VMLRP. From FY 2010 through FY 2015, NIFA received 995 applications 
from which 291 VMLRP awards totaling $25,292,341 were issued. Funding 
for FY 2016 and future years are based on annual appropriations and 
balances, if any, carried forward from prior years, and may vary from 
year to year.
    Section 7105 of the Food, Conservation, and Energy Act of 2008, 
Public Law 110-246, (FCEA) amended section 1415A to revise the 
determination of veterinarian shortage situations to consider (1) 
geographical areas that the Secretary determines have a shortage of 
veterinarians; and (2) areas of veterinary practice that the Secretary 
determines have a shortage of veterinarians, such as food animal 
medicine, public health, epidemiology, and food safety. This section 
also added that priority should be given to agreements with 
veterinarians for the practice of food animal medicine in veterinarian 
shortage situations.
    NARETPA section 1415A requires the Secretary, when determining the 
amount of repayment for a year of service by a veterinarian to consider 
the ability of USDA to maximize the number of agreements from the 
amounts appropriated and to provide an incentive to serve in veterinary 
service shortage areas with the greatest need.
    The Secretary delegated the authority to carry out this program to 
NIFA pursuant to 7 CFR 2.66(a)(141).
    Pursuant to the requirements enacted in the NVMSA of 2004 (as 
revised), and the implementing regulation for this Act, Part 3431 
Subpart A of the VMLRP Final Rule [75 FR 20239-20248], NIFA hereby 
implements guidelines for authorized State Animal Health Officials 
(SAHO) to nominate veterinary shortage situations for the FY 2016 
program cycle:

II. Nomination of Veterinary Shortage Situations

A. General

1. Eligible Shortage Situations
    Section 1415A of NARETPA, as amended and revised by Section 7105 of 
FCEA directs determination of veterinarian shortage situations to 
consider (1) geographical areas that the Secretary determines have a 
shortage of veterinarians; and (2) areas of veterinary practice that 
the Secretary determines have a shortage of veterinarians, such as food 
animal medicine, public health, epidemiology, and food safety. This 
section also added that priority should be given to agreements with 
veterinarians for the practice of food animal medicine in veterinarian 
shortage situations.
    While the NVMSA (as amended) specifies priority be given to food 
animal medicine shortage situations, and that consideration also be 
given to specialty areas such as public health, epidemiology and food 
safety, the Act does not identify any areas of veterinary practice as 
ineligible. Accordingly, all nominated veterinary shortage situations 
will be considered eligible for submission. However, assessment of 
submitted nominations by the external review panel convened by NIFA 
will reflect the intent of Congress that priority be given to certain 
types of veterinary service shortage situations. NIFA therefore 
anticipates that the stronger nominations will be those directly 
addressing food supply veterinary medicine shortage situations.
    NIFA has adopted definitions of the practice of veterinary medicine 
and the practice of food supply medicine that are broadly inclusive of 
the critical roles veterinarians serve in both public practice and 
private practice situations. Nominations describing either public or 
private practice veterinary shortage situations will therefore be 
eligible for submission.
2. State Respondents and Use of Consultation
    The only authorized respondent on behalf of each State is the chief 
State Animal Health Official (SAHO), as duly authorized by the Governor 
or the Governor's designee in each State. The chief SAHO must submit 
nominations using the Veterinarian Shortage Situation Nomination Form 
(OMB Control Number 0524-0046), which is available in the VMLRP 
Shortage Situations section on the VMLRP Web site at www.nifa.usda.gov/vmlrp. One form must be submitted for each nominated shortage 
situation. When selecting ``SUBMIT'' on the form a data file will be 
sent directly to NIFA. NIFA strongly encourages the SAHO to involve 
leading health animal experts in the State in the identification and 
prioritization of shortage situation nominations.

[[Page 75961]]

3. Rationale for Capping Nominations and State Allocation Method
    In its consideration of fair, transparent and objective approaches 
to solicitation of shortage area nominations, NIFA evaluated three 
alternative strategies before deciding on the appropriate strategy. The 
first option considered was to impose no limits on the number of 
nominations submitted. The second was to allow each state the same 
number of nominations. The third (eventually selected) was to 
differentially cap the number of nominations per state based on 
defensible and intuitive criteria.
    The first option, providing no limits to the number of nominations 
per state, is fair to the extent that each state and insular area has 
equal opportunity to nominate as many situations as desired. However, 
funding for the VMLRP is limited (relative to anticipated demand), so 
allowing potentially high and disproportionate submission rates of 
nominations could both unnecessarily burden the nominators and the 
reviewers with a potential avalanche of nominations and dilute highest 
need situations with lower need situations. Moreover, NIFA believes 
that the distribution of opportunity under this program (i.e., 
distribution of mapped shortage situations resulting from the 
nomination solicitation and review process) should roughly reflect the 
national distribution of food supply veterinary service demand. By not 
capping nominations based on some objective criteria, it is likely 
there would be no correlation between the mapped pattern and density of 
certified shortage situations and the actual pattern and density of 
need. This in turn could undermine confidence in the program with 
Congress, the public, and other stakeholders.
    The second option, limiting all states and insular areas to the 
same number of nominations suffers from some of the same disadvantages 
as option one. It has the benefit of limiting administrative burden on 
both the SAHO and the nomination review process. However, like option 
one, there would be no correlation between the mapped pattern of 
certified shortage situations and the actual pattern of need. For 
example, Guam and Rhode Island would be allowed to submit the same 
number of nominations as Texas and Nebraska, despite the large 
difference in the sizes of their respective animal agriculture 
industries and rural land areas requiring veterinary service coverage.
    The third option, to cap the number of nominations in relation to 
major parameters correlating with veterinary service demand, achieves 
the goals both of practical control over the administrative burden to 
the states and NIFA, and of achieving a mapped pattern of certified 
nominations that approximates the actual shortage distribution. In 
addition, this method limits dilution of highest need areas with lower 
need areas. The disadvantage of this strategy is that there is no 
validated, unbiased, direct measure of veterinary shortage, and so it 
is necessary to employ parameters that correlate with the hypothetical 
cumulative relative need for each state in comparison to other states.
    In the absence of a validated unbiased direct measure of relative 
veterinary service need or risk for each state and insular area, the 
National Agricultural Statistics Service (NASS) provided NIFA with 
reliable public data that correlate with demand for food supply 
veterinary service. NIFA consulted with NASS and determined that the 
NASS variables most strongly correlated with state-level food supply 
veterinary service need are ``Livestock and Livestock Products Total 
Sales ($)'' and ``Land Area'' (acres). The ``Livestock and Livestock 
Products Total Sales ($)'' variable broadly predicts veterinary service 
need in a State because this is a normalized (to cash value) estimate 
of the extent of (live) animal agriculture in the state. The State 
``land area'' variable predicts veterinary service need because there 
is positive correlation between state land area, percent of state area 
classified as rural and the percent of land devoted to actual or 
potential livestock production. Importantly, land area is also directly 
correlated with the number of veterinarians needed to provide 
veterinary services in a state because of the practical limitations 
relating to the maximum radius of a standard veterinary service area. 
Due to fuel and other cost factors, the maximum radius a veterinarian 
operating a mobile veterinary service can cover is approximately 60 
miles, which roughly corresponds to two or three contiguous counties of 
average size.
    Although these two NASS variables are not perfect predictors of 
veterinary service demand, NIFA believes they account for a significant 
proportion of several of the most relevant factors influencing 
veterinary service need and risk for the purpose of fairly and 
transparently estimating veterinary service demand. To further ensure 
fairness and equitability, NIFA is employing these variables in a 
straightforward and transparent manner that ensures every state and 
insular area is eligible for at least one nomination and that all 
States receive an apportionment of nominations, relative to their 
geographic size and size of agricultural animal industries.
    Following this rationale, the Secretary is specifying the maximum 
number of nominations per state in order to (1) assure distribution of 
designated shortage areas in a manner generally reflective of the 
differential overall demand for food supply veterinary services in 
different states, (2) assure the number of shortage situation 
nominations submitted fosters emphasis on selection by nominators and 
applicants of the highest priority need areas, and (3) provide 
practical and proportional limitations of the administrative burden 
borne by SAHOs preparing nominations, and by panelists serving on the 
NIFA nominations review panel.
    Furthermore, instituting a limit on the number of nominations is 
consistent with language in the Final Rule stating, ``The solicitation 
may specify the maximum number of nominations that may be submitted by 
each State animal health official.''
4. State Allocation of Nominations
    The number of designated shortage situations per state will be 
limited by NIFA, and this has an impact on the number of new 
nominations a state may submit each time NIFA solicits shortage 
nominations. In the 2016 cycle, NIFA is again accepting the number of 
nominations equivalent to the allowable number of designated shortage 
areas for each state. All eligible submitting entities will, for the 
2016 cycle, have an opportunity to do the following: (1) Retain 
designated status for any shortage situation successfully designated in 
2015 (if there is no change to any information, the nomination will be 
approved for 2016 without the need for re-review by the merit panel), 
(2) rescind any nomination officially designated in 2015, and (3) 
submit new nominations. The total of the number of new nominations plus 
designated nominations retained (carried over) may not exceed the 
maximum number of nominations each entity is permitted. Any amendment 
to an existing shortage nomination is presumed to constitute a 
significant change. Therefore, an amended nomination must be rescinded 
and resubmitted to NIFA as a new nomination and it will be evaluated by 
the 2016 review panel.
    The maximum number of nominations (and potential designations) has 
been updated based on 2012 NASS Agricultural Census data. Awards from 
previous years have no bearing on a state's maximum number of allowable 
shortage nomination

[[Page 75962]]

submissions or number of designations for subsequent years. NIFA 
reserves the right in the future to proportionally adjust the maximum 
number of designated shortage situations per state to ensure a balance 
between available funds and the requirement to ensure priority is given 
to mitigating veterinary shortages corresponding to situations of 
greatest need. Nomination Allocation tables for FY 2016 are available 
under the VMLRP Shortage Situations section of the VMLRP Web site at 
www.nifa.usda.gov/vmlrp.
    Table I lists ``Special Consideration Areas'' which include any 
State or Insular Area not reporting data, and/or reporting less than 
$1,000,000 in annual Livestock and Livestock Products Total Sales ($), 
and/or possessing less than 500,000 acres, as reported by NASS. One 
nomination is allocated to any State or Insular Area classified as a 
Special Consideration Area.
    Table II shows how NIFA determined nomination allocation based on 
quartile ranks of States for two variables broadly correlated with 
demand for food supply veterinary services: ``Livestock and Livestock 
Products Total Sales ($)'' (LPTS) and ``Land Area (acres)'' (LA). The 
total number of NIFA- designated shortage situations per state in any 
given program year is based on the quartile ranking of each state in 
terms of LPTS and LA. States for which NASS has both LPTS and LA 
values, and which have at least $1,000,000 LPTS and at least 500,000 
acres LA (typically all states plus Puerto Rico), were independently 
ranked from least to greatest value for each of these two composite 
variables. The two ranked lists were then divided into quartiles with 
quartile 1 containing the lowest variable values and quartile 4 
containing the highest variable values. Each state then received the 
number of designated shortage situations corresponding to the number of 
the quartile in which the state falls. Thus, a state that falls in the 
second quartile for LA and the third quartile for LPTS may submit a 
maximum of five shortage situation nominations (2 + 3). This 
transparent computation was made for each state thereby giving a range 
of 2 to 8 shortage situation nominations, contingent upon each state's 
quartile ranking for the two variables.
    The maximum number of designated shortage situations for each State 
in 2016 is shown in Table III.
    While Federal Lands are widely dispersed within States and Insular 
Areas across the country, they constitute a composite total land area 
over twice the size of Alaska. If the 200-mile limit U.S. coastal 
waters and associated fishery areas are included, Federal Land total 
acreage would exceed 1 billion. Both State and Federal Animal Health 
officials have responsibilities for matters relating to terrestrial and 
aquatic food animal health on Federal Lands. Interaction between 
wildlife and domestic livestock, such as sheep and cattle, is 
particularly common in the plains states where significant portions of 
Federal lands are leased for grazing. Therefore, both SAHOs and the 
Chief Federal Animal Health Officer (Deputy Administrator, Animal and 
Plant Health Inspection Service or designee) may submit nominations to 
address shortage situations on or related to Federal Lands.
    NIFA emphasizes that shortage nomination allocation is set to 
broadly balance the number of designated shortage situations across 
states prior to the application and award phases of the VMLRP. Awards 
will be made based strictly on the peer review panels' assessment of 
the quality of the match between the knowledge, skills and abilities of 
the applicant and the attributes of the specific shortage situation 
applied for, thus no state will be given a preference for placement of 
awardees. Additionally, unless otherwise specified in the shortage 
nomination form, each designated shortage situation will be limited to 
one award.
5. FY 2016 Shortage Situation Nomination Process
    As described in Section 4 above, all SAHOs will, for the FY 2016 
cycle, have an opportunity to do the following: (1) Retain (carry over) 
designated status for any shortage situation successfully designated in 
2014 and not revised, without need for reevaluation by merit review 
panel, (2) rescind any nomination officially designated in 2014, and 
(3) submit new nominations. The total number of new nominations and 
designated nominations retained (carried over) may not exceed the 
maximum number of shortages each state is allocated. An amendment to an 
existing shortage nomination constitutes a significant change and 
therefore must be rescinded and resubmitted to NIFA as a new 
nomination, to be evaluated by the 2016 review panel. The maximum 
number of nominations (and potential designations) for each state is 
provided on NIFA's Web site at www.nifa.usda.gov/vmlrp.
    The following process is the mechanism by which a SAHO should 
retain or rescind a designated nomination: Each SAHO will go to the map 
of VMLRP designated shortage situations for FY 2015 (http://nifa.usda.gov/vmlrp-map?state=All&fy%5Bvalue%5D%5Byear%5D=2015&=Apply) 
to obtain the PDF copy of the nomination form for each designated area 
that went unfilled (not awarded) in FY 2015. If the SAHO wishes to 
retain (carry over) one or more designated nomination(s), the SAHO 
shall copy and paste the prior year information (unrevised) into the 
current year's nomination form and select ``SUBMIT''.
    Both new and retained nominations must be submitted on the 
Veterinary Shortage Situation Nomination form provided in the VMLRP 
Shortage Situations section at www.nifa.usda.gov/vmlrp.
6. Submission and Due Date
    Submissions must be made by clicking the submit button on the 
Veterinarian Shortage Situation nomination form provided in the VMLRP 
Shortage Situations section at www.nifa.usda.gov/vmlrp.
    This form is sent as a data file directly to the Veterinary 
Medicine Loan Repayment Program; National Institute of Food and 
Agriculture; U.S. Department of Agriculture. Shortage situation 
nominations, both new and carry over, must be submitted on or before 
February 10, 2016.
7. Period Covered
    Each shortage situation is approved for one program year cycle 
only. However, any previously approved shortage situation not filled in 
a given program year may be resubmitted with no changes as a ``carry-
over'' shortage in response to the solicitation for shortage 
nominations the following program year. Content of carry-over shortage 
nominations must not be changed in any respect, except for providing a 
revised date of submission and/or the name of a new submitting chief 
SAHO in the event the person holding that post has changed. Carry-over 
shortage nominations will not be required to undergo panel merit review 
and shall therefore be automatically approved. However, by resubmitting 
a nomination in a following program cycle, the SAHO is affirming that 
it is his or her professional judgment that the original case made for 
shortage status, and the original description of needs, are still 
current and accurate.
8. Definitions
    For the purpose of implementing the solicitation for veterinary 
shortage situations, the definitions provided in 7 CFR part 3431 are 
applicable.

[[Page 75963]]

B. Nomination Form and Description of Fields

1. Access to Nomination Form
    The veterinary shortage situation nomination form is available in 
the VMLRP Shortage Situations section at www.nifa.usda.gov/vmlrp. The 
completed form must be sent to NIFA by selecting ``SUBMIT'' on the 
nomination form.
2. Physical Location of Shortage Area or Position
    Following conclusion of the nomination and designation process, 
NIFA will prepare lists and/or maps that include all designated 
shortage situations for the current program year. This effort requires 
a physical location that represents the center of the service area for 
a geographic shortage or the location of the main office or work 
address for a public practice and/or specialty practice shortage. For 
example, if the state seeks to certify a tri-county area as a food 
animal veterinary service (i.e., Type I) shortage situation, a road 
intersection approximating the center of the tri-county area would 
constitute a satisfactory physical location for NIFA's listing and 
mapping purposes. By contrast, if the state is identifying ``veterinary 
diagnostician'', a Type III nomination, as a shortage situation, then 
the nominator would complete this field by filling in the primary 
address of the location where the diagnostician would work (e.g., State 
animal disease diagnostic laboratory).
3. Overall Priority of Shortage
    Congressional intent is for this program to incentivize applicants 
to ``serve in veterinary service shortage areas with the greatest 
need.'' There is therefore the presumption that all areas nominated as 
shortage situations should be classified as at least ``moderate 
priority'' shortages. To assist nomination merit review panelists and 
award phase peer panelists in scoring shortage nominations and ranking 
applications from VMLRP applicants, SAHOs are asked to characterize 
each shortage situation nomination as ``Moderate Priority'', ``High 
Priority'', or ``Critical Priority'' shortages.
    Moderate Priority: This shortage prioritization corresponds to an 
area lacking in some aspect of food supply veterinary services, 
commensurate with the service percent full-time-equivalency (FTE) 
specified. Absence of, or insufficient, trained ``eyes and ears'' of a 
veterinarian serving a food animal production area is sufficient to 
constitute moderate priority shortage status. This is because access to 
veterinary services is necessary for basic animal health, animal well-
being, production profitability, and for food safety, and because high 
consequence disease outbreaks in agricultural animals or natural 
catastrophes can occur spontaneously anywhere. In such cases, early 
detection of disease and/or treatment of animals are essential. These 
activities are the authorized purview of a licensed veterinarian. In 
addition to the above examples, the SAHO is invited to make a unique 
case based on other situation-specific risk criteria, for classifying a 
nominated area as a Moderate Priority shortage.
    High Priority: This shortage prioritization corresponds to an area 
lacking sufficient access to food supply veterinary services, 
commensurate with the service percent FTE specified. High Priority 
status is justified by meeting the criteria for Moderate Priority 
status plus any of a variety of additional concerns relating to food 
supply veterinary medicine and/or public health. For example, the area 
may exhibit an especially large census of food animals in comparison to 
available veterinary services. Special animal or public health threats 
unique to the area, such as a recent history of outbreaks of high 
consequence, reportable, endemic animal and zoonotic diseases (e.g., 
Brucellosis, TB, etc.) could also constitute a high priority threat. In 
addition to the above examples, the SAHO is invited to make a unique 
case based on other situation-specific risk criteria, for classifying a 
nominated area as a High Priority shortage.
    Critical Priority: This shortage prioritization corresponds to an 
area severely lacking in some aspect of food supply or public health-
related veterinary services, commensurate with the service percent FTE 
specified. Critical priority status is justified by meeting the 
criteria for moderate and/or high priority status plus any of a variety 
of additional serious concerns relating to the roles food supply 
veterinarians play in protecting animal and public health. For example, 
an area may exhibit an especially high potential for natural disasters 
or for incursion of catastrophic foreign animal disease such as Highly 
Pathogenic Avian Influenza, Mad Cow Disease, or Foot and Mouth Disease. 
High risk areas could include high through-put international animal 
importation sites and areas where wildlife and domestic food animals 
cross national borders carrying infectious disease agents (e.g., the 
US-Mexico border). In addition to the above examples, the submitting 
SAHO is invited to make a unique case based on other situation-specific 
risk criteria for classifying a nominated area as a Critical Priority 
shortage.
4. Type I Shortage--80 Percent or Greater Private Practice Food Supply 
Veterinary Medicine
    SAHOs identifying this shortage type must check one or more boxes 
indicating which specie(s) constitute the veterinary shortage 
situation. Indicate either ``Must Cover'' or ``May Cover'' to stipulate 
which species a future awardee must be prepared, willing, and committed 
to provide services for, versus which species an awardee could treat 
using a minor percentage of their time obligated under a VMLRP 
contract. The Type I shortage situation must entail at least an 80 
percent time commitment to private practice food supply veterinary 
medicine. The nominator will specify the minimum percent time (between 
80 and 100 percent of a standard 40 hour week) a veterinarian must 
commit in order to satisfactorily fill the specific nominated 
situation. The shortage situation may be located anywhere (rural or 
non-rural) so long as the veterinary service shortages to be mitigated 
are consistent with the definition of ``practice of food supply 
veterinary medicine.'' The minimum 80 percent time commitment is, in 
part, recognition of the fact that occasionally food animal veterinary 
practitioners are expected to meet the needs of other veterinary 
service sectors such as clientele owning companion and exotic animals. 
Type I nominations are intended to address those shortage situations 
where the nominator believes a veterinarian can operate profitably 
committing between 80 and 100 percent time to food animal medicine 
activities in the designated shortage area, given the client base and 
other socio-economic factors impacting viability of veterinary 
practices in the area. This generally corresponds to a shortage area 
where clients can reasonably be expected to pay for professional 
veterinary services and where food animal populations are sufficiently 
dense to support a (or another) veterinarian. The personal residence of 
the veterinarian (VMLRP award recipient) and the address of veterinary 
practice employing the veterinarian may or may not fall within the 
geographic bounds of the designated shortage area.
5. Type II Shortage--30 Percent or Greater Private Practice Food Supply 
Veterinary Medicine in a Rural Area (as Defined)
    SAHOs identifying this shortage type must check one or more boxes 
indicating which specie(s) constitute the

[[Page 75964]]

veterinary shortage situation. Indicate either ``Must Cover'' or ``May 
Cover'' to stipulate which species a future awardee must be prepared, 
willing, and committed to provide services for, versus which species an 
awardee could treat using a minor percentage of their time obligated 
under a VMLRP contract. The shortage situation must be in an area 
satisfying the definition of ``rural.'' The minimum 30 percent-time (12 
hours/week) commitment of an awardee to serve in a rural shortage 
situation is in recognition of the fact that there may be some remote 
or economically depressed rural areas in need of food animal veterinary 
services that are unable to support a practitioner predominately 
serving the food animal sector, yet the need for food animal veterinary 
services for an existing, relatively small, proportion of available 
food animal business is nevertheless great. The Type II nomination is 
therefore intended to address those rural shortage situations where the 
nominator believes there is a shortage of food supply veterinary 
services, and that a veterinarian can operate profitably committing 30 
to 79 percent to food animal medicine in the designated rural shortage 
area. The nominator will specify the minimum percent time (between 30 
and 79 percent) a veterinarian must commit in order to satisfactorily 
fill the specific nominated situation. Under the Type II nomination 
category, the expectation is that the veterinarian may provide 
veterinary services to other veterinary sectors (e.g., companion animal 
clientele) as a means of achieving financial viability. As with Type I 
nominations, the residence of the veterinarian (VMLRP award recipient) 
and/or the address of veterinary practice employing the veterinarian 
may or may not fall within the geographic bounds of the designated 
shortage area. However, the awardee is required to verify the specified 
minimum percent time commitment (30 percent to 79 percent, based on a 
standard 40 hour work week) to service within the specified geographic 
shortage area.
6. Type III Shortage--Public Practice Shortage (49 Percent or Greater 
Public Practice)
    SAHOs identifying this shortage type must, in the spaces provided, 
identify the ``Employer'' and the presumptive ``Position Title'', and 
check one or more of the appropriate boxes identifying the specialty/
disciplinary area(s) being nominated as a shortage situation. This is a 
broad nomination category comprising many types of specialized 
veterinary training and employment areas relating to food supply 
veterinary workforce capacity and capability. These positions are 
typically located in city, county, State and Federal Government, and 
institutions of higher education. Examples of positions within the 
public practice sector include university faculty and staff, veterinary 
laboratory diagnostician, County Public Health Officer, State 
Veterinarian, State Public Health Veterinarian, State Epidemiologist, 
FSIS meat inspector, Animal and Plant Health Inspection Service (APHIS) 
Area Veterinarian in Charge (AVIC), and Federal Veterinary Medical 
Officer (VMO).
    Veterinary shortage situations such as those listed above are 
eligible for consideration under Type III nomination. However, 
nominators should be aware that Congress has stipulated that the VMLRP 
must emphasize private food animal practice shortage situations. 
Accordingly, NIFA anticipates that loan repayments for the Public 
Practice sector will be limited to approximately 10 percent of total 
nominations and/or available funds.
    The minimum time commitment serving under a Type III shortage 
nomination is 49 percent. The nominator will specify the minimum 
percent time (between 49 percent and 100 percent) a veterinarian must 
commit in order to satisfactorily fill the specific nominated 
situation. NIFA understands that some public practice employment 
opportunities that are shortage situations may be part-time positions. 
For example, a veterinarian pursuing an advanced degree (in a shortage 
discipline area) on a part-time basis may also be employed by the 
university for the balance of the veterinarian's time to provide part-
time professional veterinary service(s) such as teaching, clinical 
service, or laboratory animal care that may or may not also qualify as 
veterinary shortage situations. The 49 percent minimum therefore 
provides flexibility to nominators wishing to certify public practice 
shortage situations that would be ineligible under more stringent 
minimum percent time requirements.
7. Specifying a Different Service Time Requirement (Optional)
    Minimum percent FTE service obligated under the VMLRP is specified 
for each of the three shortage types. However, the nominator may 
indicate, in the box provided on page 2 of the nomination form, a 
greater percent FTE than the specified minimum, according to the 
following guidelines. For a Type I shortage, the minimum FTE obligation 
is 80 percent, but the nominator may specify up to 100 percent (100 
percent FTE corresponds to 40 hours/week). The minimum FTE obligation 
is 30 percent for Type II shortage situation, but the nominator may 
specify up to 79 percent. Higher percentages should be submitted as 
Type I shortages. The minimum FTE obligation is 49 percent for Type III 
(public practice) shortage situations, but the nominator may specify up 
to 100 percent. An entry should be made in the box for specification of 
percent FTE if the percentage specified is other than the default 
minimum. Otherwise the box should be left blank. In assigning a 
percentage FTE, SAHOs should be cognizant of the impact this has on an 
eventual awardee. If the percentage is too high for an awardee to 
achieve, he or she could fall into breach status under the program and 
owe any distributed funds back to NIFA. NIFA requires formal quarterly 
certification that minimum service time was worked before each 
quarterly loan repayment is paid to the awardee's lender(s). 
Accordingly, NIFA advises that a nomination be submitted only if the 
SAHO is confident that an awardee can meet the default, or optionally 
specified, minimum FTE percentage each and every one of the 12 quarters 
(i.e., twelve 3-month periods) constituting the 3-year duration of 
service under the program.
8. Written Response Sections
a. Importance and Objectives of a Veterinarian Meeting This Shortage 
Situation
    Within the allowed word limit the nominator should clearly state 
overarching objectives the State hopes to achieve by placing a 
veterinarian in the nominated situation and measure(s) awardees and 
NIFA could use to assess success. Include the minimum percent time 
commitment (within the range of the shortage type selected) the awardee 
is expected to devote to filling the specific food supply veterinary 
shortage situation.
b. Activities of a Veterinarian Meeting This Shortage Situation
    Within the allowed word limit the nominator should clearly state 
the principal day-to-day professional activities that would have to be 
conducted in order to achieve the objectives described in a. above.
c. Past Efforts To Recruit and Retain a Veterinarian in the Shortage 
Situation
    Within the allowed word limit the nominator should explain any 
prior efforts to mitigate this veterinary service shortage and 
prospects for recruiting veterinarian(s) in the future.

[[Page 75965]]

d. Risk of This Veterinarian Position Not Being Secured or Retained
    Within the allowed word limit the nominator should explain the 
consequences of not addressing this veterinary shortage situation.
e. Affirmation Checkboxes
    SAHOs submitting shortage nominations should check both 
``affirmation'' boxes on the last page of the nomination form. These 
two affirmations provide assurance that submitting SAHOs understand the 
shortage nomination process and the importance of the SAHO having 
reasonable confidence that the nomination submitted describes a bona 
fide shortage area. The second assurance is particularly important to 
help avoid the placement of a VMLRP awardee where veterinary coverage 
already exists, and where undue competition could lead to insufficient 
clientele demand to support either the awardee or the veterinary 
practice originally serving the area.

C. NIFA Review of Shortage Situation Nominations

1. Review Panel Composition and Process
    NIFA will convene a panel of food supply veterinary medicine 
experts from Federal and state agencies, as well as institutions 
receiving Animal Health and Disease Research Program funds under 
section 1433 of NARETPA, who will review the nominations and make 
recommendations to the NIFA Program Manager. NIFA explored the 
possibility of including experts from non-governmental professional 
organizations and sectors for this process, but under NARETPA section 
1409A(e), panelists for the purposes of this process are limited to 
Federal and State agencies and cooperating state institutions (i.e., 
NARETPA section 1433 recipients), and other postsecondary educational 
institutions.
    NIFA will review the panel recommendations and designate the VMLRP 
shortage situations. The list of shortage situations will be made 
available on the VMLRP Web site at www.nifa.usda.gov/vmlrp.
2. Review Criteria
    Criteria used by the shortage situation nomination review panel and 
NIFA for certifying a veterinary shortage situation will be consistent 
with the information requested in the shortage situations nomination 
form. NIFA understands that defining the risk landscape associated with 
shortages of veterinary services throughout a state is a process that 
may require consideration of many qualitative and quantitative factors. 
In addition, each shortage situation will be characterized by a 
different array of subjective and objective supportive information that 
must be developed into a cogent case identifying, characterizing, and 
justifying a given geographic or disciplinary area as deficient in 
certain types of veterinary capacity or service. To accommodate the 
uniqueness of each shortage situation, the nomination form provides 
opportunities to present a case using both supportive metrics and 
narrative explanations to define and explain the proposed need. At the 
same time, the elements of the nomination form provide a common 
structure for the information collection process which will in turn 
facilitate fair comparison of the relative merits of each nomination by 
the evaluation panel.
    While NIFA anticipates some arguments made in support of a given 
shortage situation will be qualitative, respondents are encouraged to 
present verifiable quantitative and qualitative evidentiary information 
wherever possible. Absence of quantitative data such as animal and 
veterinarian census data for the proposed shortage area(s) may lead the 
panel to recommend not approving the shortage nomination.
    The maximum point value review panelists may award for each element 
is as follows:
    20 points: Describe the objectives of a veterinarian meeting this 
shortage situation as well as being located in the community, area, 
state/insular area, or position requested above.
    20 points: Describe the activities of a veterinarian meeting this 
shortage situation and being located in the community, area, state/
insular area, or position requested above.
    5 points: Describe any past efforts to recruit and retain a 
veterinarian in the shortage situation identified above.
    35 points: Describe the risk of this veterinarian position not 
being secured or retained. Include the risk(s) to the production of a 
safe and wholesome food supply and/or to animal, human, and 
environmental health not only in the community but in the region, 
state/insular area, nation, and/or international community.
    An additional 20 points will be used to evaluate overall merit/
quality of the case made for each nomination.
    Prior to the panel being convened, shortage situation nominations 
will be evaluated and scored according to the established scoring 
system by a primary reviewer. When the panel convenes, the primary 
reviewer will present each nomination orally in summary form. After 
each presentation, panelists will have an opportunity, if necessary, to 
discuss the nomination, with the primary reviewer leading the 
discussion and recording comments. After the panel discussion is 
complete, any scoring revisions will be made by and at the discretion 
of the primary reviewer. The panel is then polled to recommend, or not 
recommend, the shortage situation for designation. Nominations scoring 
70 or higher by the primary reviewer (on a scale of 0 to 100), and 
receiving a simple majority vote in support of designation as a 
shortage situation will be ``recommended for designation as a shortage 
situation.'' Nominations scoring below 70 by the primary reviewer, and 
failure to achieve a simple majority vote in support of designation 
will be ``not recommended for designation as a shortage situation.'' In 
the event of a discrepancy between the primary reviewer's scoring and 
the panel poll results, the VMLRP program manager will be authorized to 
make the final determination on the nomination's designation.

    Done in Washington, DC, this 1st day of December 2015.
Meryl Broussard,
Associate Director for Programs, National Institute of Food and 
Agriculture.
[FR Doc. 2015-30717 Filed 12-4-15; 8:45 am]
 BILLING CODE 3410-22-P



                                                                                                                                                                                                    75959

                                                  Notices                                                                                                       Federal Register
                                                                                                                                                                Vol. 80, No. 234

                                                                                                                                                                Monday, December 7, 2015



                                                  This section of the FEDERAL REGISTER                    FOR FURTHER INFORMATION CONTACT:                      the most important single component of
                                                  contains documents other than rules or                  Danielle Tack; Program Coordinator,                   the food supply veterinary medical
                                                  proposed rules that are applicable to the               Veterinary Science; National Institute of             sector. Private practice food animal
                                                  public. Notices of hearings and investigations,         Food and Agriculture; U.S. Department                 veterinarians, working closely with
                                                  committee meetings, agency decisions and                of Agriculture; STOP 2220; 1400                       livestock producers and State and
                                                  rulings, delegations of authority, filing of
                                                  petitions and applications and agency
                                                                                                          Independence Avenue SW.,                              Federal officials, constitute the first line
                                                  statements of organization and functions are            Washington, DC 20250–2220; Voice:                     of defense against spread of endemic
                                                  examples of documents appearing in this                 202–401–6802; Fax: 202–401–6156;                      and zoonotic diseases, introduction of
                                                  section.                                                Email: vmlrp@nifa.usda.gov.                           high consequence foreign animal
                                                                                                          SUPPLEMENTARY INFORMATION:                            diseases, emergence and propagation of
                                                                                                                                                                antibiotic resistance, and other threats
                                                  DEPARTMENT OF AGRICULTURE                               Background and Purpose                                to the health and wellbeing of both
                                                                                                             A series of three peer-reviewed                    animals and humans who consume
                                                  National Institute of Food and                          studies published in 2007 in the Journal              animal products.
                                                  Agriculture                                             of the American Veterinary Medical                       Among the most alarming findings of
                                                                                                          Association (JAVMA), and sponsored by                 the Coalition-sponsored studies was that
                                                  Solicitation of Veterinary Shortage                                                                           insufficient numbers of veterinary
                                                                                                          the Food Supply Veterinary Medicine
                                                  Situation Nominations for the
                                                                                                          Coalition (www.avma.org/KB/                           students are selecting food supply
                                                  Veterinary Medicine Loan Repayment
                                                                                                          Resources/Reference/Pages/about-fsvm-                 veterinary medical careers. This
                                                  Program (VMLRP)
                                                                                                          coalition.aspx), drew considerable                    development has led both to current
                                                  AGENCY: National Institute of Food and                  attention to an existing and apparent                 workforce imbalances and to projected
                                                  Agriculture, USDA.                                      growing shortage of food supply                       worsening of localized shortages over
                                                  ACTION: Notice and solicitation for                     veterinarians, the causes of shortages in             the subsequent 10 years. Burdensome
                                                  nominations.                                            this sector, and the consequences to the              educational debt was the leading
                                                                                                          US food safety infrastructure and to the              concern students listed for opting not to
                                                  SUMMARY:    The National Institute of Food              general public if this trend continues to             choose a career in food animal practice
                                                  and Agriculture (NIFA) is soliciting                    worsen. Subsequently the Government                   or other food supply veterinary sectors.
                                                  nominations of veterinary service                       Accountability Office released a report               According to the American Veterinary
                                                  shortage situations for the Veterinary                  entitled ‘‘Veterinary Workforce: Actions              Medical Association’s (AVMA) 2015
                                                  Medicine Loan Repayment Program                         Are Needed to Ensure Sufficient                       report on veterinary debt and income,
                                                  (VMLRP) for fiscal year (FY) 2016, as                   Capacity for Protecting Public and                    the mean veterinary educational debt for
                                                  authorized under the National                           Animal Health’’ (GAO–09–178: Feb 18,                  students graduating from veterinary
                                                  Veterinary Medical Services Act                         2009). This report was followed by a                  school with debt was $153,191. Such
                                                  (NVMSA), 7 U.S.C. 3151a. This notice                    National Academies of Science report in               debt loads incentivize students to select
                                                  initiates the nomination period and                     2013 entitled ‘‘Workforce Needs in                    other veterinary careers, such as
                                                  prescribes the procedures and criteria to               Veterinary Medicine’’. While the 2013                 companion animal medicine, which
                                                  be used by State, Insular Area, DC and                  report concluded that some sectors of                 tend to be more financially lucrative
                                                  Federal Lands to nominate veterinary                    the veterinary workforce are not in                   and, therefore, enable students to more
                                                  shortage situations. Each year all                      shortage, the authors affirmed that                   quickly repay their outstanding
                                                  eligible nominating entities may submit                 ‘‘livestock farmers who live far from                 educational loans. Furthermore, when
                                                  nominations, up to the maximum                          populated areas have difficulty                       this issue was studied in the Coalition
                                                  indicated for each entity in this notice.               obtaining veterinary care.’’ Furthermore,             report from the perspective of
                                                  NIFA is conducting this solicitation of                 regarding the largest subgroup of                     identifying solutions to this workforce
                                                  veterinary shortage situation                           veterinarians serving the food animal                 imbalance, panelists were asked to rate
                                                  nominations under a previously                          industries, the reported stated, ‘‘. . .              18 different strategies for addressing
                                                  approved information collection (OMB                    new graduates are not entering this type              shortages. Responses from the panelists
                                                  Control Number 0524–0046).                              of practice anymore, [and therefore]                  overwhelmingly showed that student
                                                  DATES: Shortage situation nominations,                  food-animal-predominant veterinarians,                debt repayment and scholarship
                                                  both new and carry over, must be                        as a group, are now composed of                       programs were the most important
                                                  submitted on or before February 10,                     rapidly-aging members.’’                              strategies in addressing future shortages
                                                  2016.                                                      Food supply veterinary medicine                    (JAVMA 229:57–69). When the VMLRP
                                                  ADDRESSES: Submissions must be made                     embraces a broad array of veterinary                  was first authorized in 2005, the average
                                                  by clicking the submit button on the                    professional activities, specialties and              graduating educational debt of
                                                  Veterinarian Shortage Situation                         responsibilities, and is defined as the               veterinarians was approximately
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                                                  nomination form provided in the                         full range of veterinary medical                      $75,000. Since that time average
                                                  VMLRP Shortage Situations section at                    practices contributing to the production              educational debt burden has more than
                                                  www.nifa.usda.gov/vmlrp.                                of a safe and wholesome food supply                   doubled thereby greatly exacerbating the
                                                     This form is sent as a data file directly            and to animal, human, and                             leading factor promoting the workforce
                                                  to the Veterinary Medicine Loan                         environmental health. The privately                   imbalance this program seeks to
                                                  Repayment Program; National Institute                   practicing food animal veterinary                     mitigate.
                                                  of Food and Agriculture; U.S.                           practitioner population within the US                    The VMLRP is aligned with the USDA
                                                  Department of Agriculture.                              is, numerically, the largest, and arguably            Strategic Plan for Fiscal Years 2014–


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                                                  75960                       Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices

                                                  2018, particularly with the following                   section 1415A to the National                         veterinarian shortage situations to
                                                  strategic goals and objectives: Goal 1—                 Agricultural Research, Extension, and                 consider (1) geographical areas that the
                                                  Assist Rural Communities to Create                      Teaching Policy Act of 1997                           Secretary determines have a shortage of
                                                  Prosperity so They Are Self-Sustaining,                 (NARETPA). This law established a new                 veterinarians; and (2) areas of veterinary
                                                  Repopulating, and Economically                          Veterinary Medicine Loan Repayment                    practice that the Secretary determines
                                                  Thriving, Goal 3—Help America                           Program (7 U.S.C. 3151a) authorizing                  have a shortage of veterinarians, such as
                                                  Promote Agricultural Production and                     the Secretary of Agriculture to carry out             food animal medicine, public health,
                                                  Biotechnology Exports as America                        a program of entering into agreements                 epidemiology, and food safety. This
                                                  Works to Increase Food Security,                        with veterinarians under which they                   section also added that priority should
                                                  Objective 4.3—Protect Public Health by                  agree to provide veterinary services in               be given to agreements with
                                                  Ensuring Food is Safe, and Objective                    veterinarian shortage situations.                     veterinarians for the practice of food
                                                  4.4—Protect Agricultural Health by                         In FY 2010, NIFA announced the first               animal medicine in veterinarian
                                                  Minimizing Major Diseases and Pests to                  funding opportunity for the VMLRP.                    shortage situations.
                                                  Ensure Access to Safe, Plentiful, and                   From FY 2010 through FY 2015, NIFA
                                                                                                          received 995 applications from which                     While the NVMSA (as amended)
                                                  Nutritious Food. A copy of the USDA                                                                           specifies priority be given to food
                                                  Strategic Plan is available at                          291 VMLRP awards totaling $25,292,341
                                                                                                          were issued. Funding for FY 2016 and                  animal medicine shortage situations,
                                                  www.ocfo.usda.gov/usdasp/sp2014/
                                                                                                          future years are based on annual                      and that consideration also be given to
                                                  usda-strategic-plan-fy-2014-2018.pdf.
                                                                                                          appropriations and balances, if any,                  specialty areas such as public health,
                                                  Paperwork Reduction Act                                 carried forward from prior years, and                 epidemiology and food safety, the Act
                                                    In accordance with the Office of                      may vary from year to year.                           does not identify any areas of veterinary
                                                  Management and Budget (OMB)                                Section 7105 of the Food,                          practice as ineligible. Accordingly, all
                                                  regulations (5 CFR part 1320) that                      Conservation, and Energy Act of 2008,                 nominated veterinary shortage
                                                  implement the Paperwork Reduction                       Public Law 110–246, (FCEA) amended                    situations will be considered eligible for
                                                  Act of 1995 (44 U.S.C. Chapter 35), the                 section 1415A to revise the                           submission. However, assessment of
                                                  information collection and                              determination of veterinarian shortage                submitted nominations by the external
                                                  recordkeeping requirements imposed by                   situations to consider (1) geographical               review panel convened by NIFA will
                                                  the implementation of these guidelines                  areas that the Secretary determines have              reflect the intent of Congress that
                                                  have been approved by OMB Control                       a shortage of veterinarians; and (2) areas            priority be given to certain types of
                                                  Number 0524–0046.                                       of veterinary practice that the Secretary             veterinary service shortage situations.
                                                                                                          determines have a shortage of                         NIFA therefore anticipates that the
                                                  List of Subjects in Guidelines for                      veterinarians, such as food animal                    stronger nominations will be those
                                                  Veterinary Shortage Situation                           medicine, public health, epidemiology,                directly addressing food supply
                                                  Nominations                                             and food safety. This section also added              veterinary medicine shortage situations.
                                                  I. Preface and Authority                                that priority should be given to                         NIFA has adopted definitions of the
                                                  II. Nomination of Veterinary Shortage                   agreements with veterinarians for the                 practice of veterinary medicine and the
                                                        Situations                                        practice of food animal medicine in                   practice of food supply medicine that
                                                     A. General                                           veterinarian shortage situations.
                                                     1. Eligible Shortage Situations                                                                            are broadly inclusive of the critical roles
                                                                                                             NARETPA section 1415A requires the                 veterinarians serve in both public
                                                     2. Authorized Respondents and Use of
                                                        Consultation
                                                                                                          Secretary, when determining the                       practice and private practice situations.
                                                     3. Rationale for Capping Nominations and             amount of repayment for a year of                     Nominations describing either public or
                                                        State Allocation Method                           service by a veterinarian to consider the             private practice veterinary shortage
                                                     4. State Allocation of Nominations                   ability of USDA to maximize the                       situations will therefore be eligible for
                                                     5. FY 2016 Shortage Situation Nomination             number of agreements from the amounts                 submission.
                                                        Process                                           appropriated and to provide an
                                                     6. Submission and Due Date                           incentive to serve in veterinary service              2. State Respondents and Use of
                                                     7. Period Covered                                    shortage areas with the greatest need.                Consultation
                                                     8. Definitions                                          The Secretary delegated the authority
                                                     B. Nomination Form and Description of                                                                         The only authorized respondent on
                                                                                                          to carry out this program to NIFA
                                                        Fields                                                                                                  behalf of each State is the chief State
                                                     1. Access to Nomination Form                         pursuant to 7 CFR 2.66(a)(141).
                                                                                                             Pursuant to the requirements enacted               Animal Health Official (SAHO), as duly
                                                     2. Physical Location of Shortage Area or
                                                                                                          in the NVMSA of 2004 (as revised), and                authorized by the Governor or the
                                                        Position
                                                     3. Overall Priority of Shortage                      the implementing regulation for this                  Governor’s designee in each State. The
                                                     4. Type I Shortage                                   Act, Part 3431 Subpart A of the VMLRP                 chief SAHO must submit nominations
                                                     5. Type II Shortage                                  Final Rule [75 FR 20239–20248], NIFA                  using the Veterinarian Shortage
                                                     6. Type III Shortage                                 hereby implements guidelines for                      Situation Nomination Form (OMB
                                                     7. Specifying a Different Service Time               authorized State Animal Health                        Control Number 0524–0046), which is
                                                        Requirement (Optional)                            Officials (SAHO) to nominate veterinary               available in the VMLRP Shortage
                                                     8. Written Response Sections                                                                               Situations section on the VMLRP Web
                                                     C. NIFA Review of Shortage Situation
                                                                                                          shortage situations for the FY 2016
                                                                                                          program cycle:                                        site at www.nifa.usda.gov/vmlrp. One
                                                        Nominations
                                                                                                                                                                form must be submitted for each
                                                     1. Review Panel Composition and Process              II. Nomination of Veterinary Shortage
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                                                     2. Review Criteria Guidelines for                                                                          nominated shortage situation. When
                                                                                                          Situations                                            selecting ‘‘SUBMIT’’ on the form a data
                                                        Veterinary Shortage Situation
                                                        Nominations                                       A. General                                            file will be sent directly to NIFA. NIFA
                                                                                                                                                                strongly encourages the SAHO to
                                                  I. Preface and Authority                                1. Eligible Shortage Situations                       involve leading health animal experts in
                                                     In January 2003, the National                           Section 1415A of NARETPA, as                       the State in the identification and
                                                  Veterinary Medical Service Act                          amended and revised by Section 7105 of                prioritization of shortage situation
                                                  (NVMSA) was passed into law adding                      FCEA directs determination of                         nominations.


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                                                                              Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices                                              75961

                                                  3. Rationale for Capping Nominations                    of practical control over the                         apportionment of nominations, relative
                                                  and State Allocation Method                             administrative burden to the states and               to their geographic size and size of
                                                     In its consideration of fair, transparent            NIFA, and of achieving a mapped                       agricultural animal industries.
                                                                                                          pattern of certified nominations that                    Following this rationale, the Secretary
                                                  and objective approaches to solicitation
                                                                                                          approximates the actual shortage                      is specifying the maximum number of
                                                  of shortage area nominations, NIFA
                                                                                                          distribution. In addition, this method                nominations per state in order to (1)
                                                  evaluated three alternative strategies
                                                                                                          limits dilution of highest need areas                 assure distribution of designated
                                                  before deciding on the appropriate
                                                                                                          with lower need areas. The                            shortage areas in a manner generally
                                                  strategy. The first option considered was
                                                                                                          disadvantage of this strategy is that                 reflective of the differential overall
                                                  to impose no limits on the number of
                                                                                                          there is no validated, unbiased, direct               demand for food supply veterinary
                                                  nominations submitted. The second was
                                                                                                          measure of veterinary shortage, and so                services in different states, (2) assure the
                                                  to allow each state the same number of
                                                                                                          it is necessary to employ parameters                  number of shortage situation
                                                  nominations. The third (eventually
                                                                                                          that correlate with the hypothetical                  nominations submitted fosters emphasis
                                                  selected) was to differentially cap the                                                                       on selection by nominators and
                                                                                                          cumulative relative need for each state
                                                  number of nominations per state based                                                                         applicants of the highest priority need
                                                                                                          in comparison to other states.
                                                  on defensible and intuitive criteria.                      In the absence of a validated unbiased             areas, and (3) provide practical and
                                                     The first option, providing no limits
                                                                                                          direct measure of relative veterinary                 proportional limitations of the
                                                  to the number of nominations per state,
                                                                                                          service need or risk for each state and               administrative burden borne by SAHOs
                                                  is fair to the extent that each state and               insular area, the National Agricultural               preparing nominations, and by panelists
                                                  insular area has equal opportunity to                   Statistics Service (NASS) provided                    serving on the NIFA nominations
                                                  nominate as many situations as desired.                 NIFA with reliable public data that                   review panel.
                                                  However, funding for the VMLRP is                       correlate with demand for food supply                    Furthermore, instituting a limit on the
                                                  limited (relative to anticipated demand),               veterinary service. NIFA consulted with               number of nominations is consistent
                                                  so allowing potentially high and                        NASS and determined that the NASS                     with language in the Final Rule stating,
                                                  disproportionate submission rates of                    variables most strongly correlated with               ‘‘The solicitation may specify the
                                                  nominations could both unnecessarily                    state-level food supply veterinary                    maximum number of nominations that
                                                  burden the nominators and the                           service need are ‘‘Livestock and                      may be submitted by each State animal
                                                  reviewers with a potential avalanche of                 Livestock Products Total Sales ($)’’ and              health official.’’
                                                  nominations and dilute highest need                     ‘‘Land Area’’ (acres). The ‘‘Livestock
                                                  situations with lower need situations.                                                                        4. State Allocation of Nominations
                                                                                                          and Livestock Products Total Sales ($)’’
                                                  Moreover, NIFA believes that the                        variable broadly predicts veterinary                     The number of designated shortage
                                                  distribution of opportunity under this                  service need in a State because this is               situations per state will be limited by
                                                  program (i.e., distribution of mapped                   a normalized (to cash value) estimate of              NIFA, and this has an impact on the
                                                  shortage situations resulting from the                  the extent of (live) animal agriculture in            number of new nominations a state may
                                                  nomination solicitation and review                      the state. The State ‘‘land area’’ variable           submit each time NIFA solicits shortage
                                                  process) should roughly reflect the                     predicts veterinary service need because              nominations. In the 2016 cycle, NIFA is
                                                  national distribution of food supply                    there is positive correlation between                 again accepting the number of
                                                  veterinary service demand. By not                       state land area, percent of state area                nominations equivalent to the allowable
                                                  capping nominations based on some                       classified as rural and the percent of                number of designated shortage areas for
                                                  objective criteria, it is likely there would            land devoted to actual or potential                   each state. All eligible submitting
                                                  be no correlation between the mapped                    livestock production. Importantly, land               entities will, for the 2016 cycle, have an
                                                  pattern and density of certified shortage               area is also directly correlated with the             opportunity to do the following: (1)
                                                  situations and the actual pattern and                   number of veterinarians needed to                     Retain designated status for any
                                                  density of need. This in turn could                     provide veterinary services in a state                shortage situation successfully
                                                  undermine confidence in the program                     because of the practical limitations                  designated in 2015 (if there is no change
                                                  with Congress, the public, and other                    relating to the maximum radius of a                   to any information, the nomination will
                                                  stakeholders.                                           standard veterinary service area. Due to              be approved for 2016 without the need
                                                     The second option, limiting all states               fuel and other cost factors, the                      for re-review by the merit panel), (2)
                                                  and insular areas to the same number of                 maximum radius a veterinarian                         rescind any nomination officially
                                                  nominations suffers from some of the                    operating a mobile veterinary service                 designated in 2015, and (3) submit new
                                                  same disadvantages as option one. It has                can cover is approximately 60 miles,                  nominations. The total of the number of
                                                  the benefit of limiting administrative                  which roughly corresponds to two or                   new nominations plus designated
                                                  burden on both the SAHO and the                         three contiguous counties of average                  nominations retained (carried over) may
                                                  nomination review process. However,                     size.                                                 not exceed the maximum number of
                                                  like option one, there would be no                         Although these two NASS variables                  nominations each entity is permitted.
                                                  correlation between the mapped pattern                  are not perfect predictors of veterinary              Any amendment to an existing shortage
                                                  of certified shortage situations and the                service demand, NIFA believes they                    nomination is presumed to constitute a
                                                  actual pattern of need. For example,                    account for a significant proportion of               significant change. Therefore, an
                                                  Guam and Rhode Island would be                          several of the most relevant factors                  amended nomination must be rescinded
                                                  allowed to submit the same number of                    influencing veterinary service need and               and resubmitted to NIFA as a new
                                                  nominations as Texas and Nebraska,                      risk for the purpose of fairly and                    nomination and it will be evaluated by
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                                                  despite the large difference in the sizes               transparently estimating veterinary                   the 2016 review panel.
                                                  of their respective animal agriculture                  service demand. To further ensure                        The maximum number of
                                                  industries and rural land areas requiring               fairness and equitability, NIFA is                    nominations (and potential
                                                  veterinary service coverage.                            employing these variables in a                        designations) has been updated based
                                                     The third option, to cap the number                  straightforward and transparent manner                on 2012 NASS Agricultural Census data.
                                                  of nominations in relation to major                     that ensures every state and insular area             Awards from previous years have no
                                                  parameters correlating with veterinary                  is eligible for at least one nomination               bearing on a state’s maximum number of
                                                  service demand, achieves the goals both                 and that all States receive an                        allowable shortage nomination


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                                                  75962                       Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices

                                                  submissions or number of designations                   fishery areas are included, Federal Land              gov/vmlrp-map?state=All&fy%5Bvalue
                                                  for subsequent years. NIFA reserves the                 total acreage would exceed 1 billion.                 %5D%5Byear%5D=2015&=Apply) to
                                                  right in the future to proportionally                   Both State and Federal Animal Health                  obtain the PDF copy of the nomination
                                                  adjust the maximum number of                            officials have responsibilities for matters           form for each designated area that went
                                                  designated shortage situations per state                relating to terrestrial and aquatic food              unfilled (not awarded) in FY 2015. If the
                                                  to ensure a balance between available                   animal health on Federal Lands.                       SAHO wishes to retain (carry over) one
                                                  funds and the requirement to ensure                     Interaction between wildlife and                      or more designated nomination(s), the
                                                  priority is given to mitigating veterinary              domestic livestock, such as sheep and                 SAHO shall copy and paste the prior
                                                  shortages corresponding to situations of                cattle, is particularly common in the                 year information (unrevised) into the
                                                  greatest need. Nomination Allocation                    plains states where significant portions              current year’s nomination form and
                                                  tables for FY 2016 are available under                  of Federal lands are leased for grazing.              select ‘‘SUBMIT’’.
                                                  the VMLRP Shortage Situations section                   Therefore, both SAHOs and the Chief
                                                  of the VMLRP Web site at                                Federal Animal Health Officer (Deputy                   Both new and retained nominations
                                                  www.nifa.usda.gov/vmlrp.                                Administrator, Animal and Plant Health                must be submitted on the Veterinary
                                                     Table I lists ‘‘Special Consideration                Inspection Service or designee) may                   Shortage Situation Nomination form
                                                  Areas’’ which include any State or                      submit nominations to address shortage                provided in the VMLRP Shortage
                                                  Insular Area not reporting data, and/or                 situations on or related to Federal                   Situations section at
                                                  reporting less than $1,000,000 in annual                Lands.                                                www.nifa.usda.gov/vmlrp.
                                                  Livestock and Livestock Products Total                     NIFA emphasizes that shortage                      6. Submission and Due Date
                                                  Sales ($), and/or possessing less than                  nomination allocation is set to broadly
                                                  500,000 acres, as reported by NASS.                     balance the number of designated                         Submissions must be made by
                                                  One nomination is allocated to any State                shortage situations across states prior to            clicking the submit button on the
                                                  or Insular Area classified as a Special                 the application and award phases of the               Veterinarian Shortage Situation
                                                  Consideration Area.                                     VMLRP. Awards will be made based                      nomination form provided in the
                                                     Table II shows how NIFA determined                   strictly on the peer review panels’                   VMLRP Shortage Situations section at
                                                  nomination allocation based on quartile                 assessment of the quality of the match                www.nifa.usda.gov/vmlrp.
                                                  ranks of States for two variables broadly               between the knowledge, skills and
                                                  correlated with demand for food supply                  abilities of the applicant and the                       This form is sent as a data file directly
                                                  veterinary services: ‘‘Livestock and                    attributes of the specific shortage                   to the Veterinary Medicine Loan
                                                  Livestock Products Total Sales ($)’’                    situation applied for, thus no state will             Repayment Program; National Institute
                                                  (LPTS) and ‘‘Land Area (acres)’’ (LA).                  be given a preference for placement of                of Food and Agriculture; U.S.
                                                  The total number of NIFA- designated                    awardees. Additionally, unless                        Department of Agriculture. Shortage
                                                  shortage situations per state in any                    otherwise specified in the shortage                   situation nominations, both new and
                                                  given program year is based on the                      nomination form, each designated                      carry over, must be submitted on or
                                                  quartile ranking of each state in terms of              shortage situation will be limited to one             before February 10, 2016.
                                                  LPTS and LA. States for which NASS                      award.                                                7. Period Covered
                                                  has both LPTS and LA values, and
                                                  which have at least $1,000,000 LPTS                     5. FY 2016 Shortage Situation
                                                                                                          Nomination Process                                       Each shortage situation is approved
                                                  and at least 500,000 acres LA (typically                                                                      for one program year cycle only.
                                                  all states plus Puerto Rico), were                         As described in Section 4 above, all               However, any previously approved
                                                  independently ranked from least to                      SAHOs will, for the FY 2016 cycle, have               shortage situation not filled in a given
                                                  greatest value for each of these two                    an opportunity to do the following: (1)               program year may be resubmitted with
                                                  composite variables. The two ranked                     Retain (carry over) designated status for             no changes as a ‘‘carry-over’’ shortage in
                                                  lists were then divided into quartiles                  any shortage situation successfully                   response to the solicitation for shortage
                                                  with quartile 1 containing the lowest                   designated in 2014 and not revised,                   nominations the following program
                                                  variable values and quartile 4                          without need for reevaluation by merit                year. Content of carry-over shortage
                                                  containing the highest variable values.                 review panel, (2) rescind any                         nominations must not be changed in
                                                  Each state then received the number of                  nomination officially designated in                   any respect, except for providing a
                                                  designated shortage situations                          2014, and (3) submit new nominations.
                                                                                                                                                                revised date of submission and/or the
                                                  corresponding to the number of the                      The total number of new nominations
                                                                                                                                                                name of a new submitting chief SAHO
                                                  quartile in which the state falls. Thus,                and designated nominations retained
                                                                                                                                                                in the event the person holding that post
                                                  a state that falls in the second quartile               (carried over) may not exceed the
                                                                                                                                                                has changed. Carry-over shortage
                                                  for LA and the third quartile for LPTS                  maximum number of shortages each
                                                                                                                                                                nominations will not be required to
                                                  may submit a maximum of five shortage                   state is allocated. An amendment to an
                                                                                                                                                                undergo panel merit review and shall
                                                  situation nominations (2 + 3). This                     existing shortage nomination constitutes
                                                                                                                                                                therefore be automatically approved.
                                                  transparent computation was made for                    a significant change and therefore must
                                                                                                                                                                However, by resubmitting a nomination
                                                  each state thereby giving a range of 2 to               be rescinded and resubmitted to NIFA
                                                                                                                                                                in a following program cycle, the SAHO
                                                  8 shortage situation nominations,                       as a new nomination, to be evaluated by
                                                                                                                                                                is affirming that it is his or her
                                                  contingent upon each state’s quartile                   the 2016 review panel. The maximum
                                                                                                                                                                professional judgment that the original
                                                  ranking for the two variables.                          number of nominations (and potential
                                                     The maximum number of designated                     designations) for each state is provided              case made for shortage status, and the
                                                                                                                                                                original description of needs, are still
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                                                  shortage situations for each State in                   on NIFA’s Web site at
                                                  2016 is shown in Table III.                             www.nifa.usda.gov/vmlrp.                              current and accurate.
                                                     While Federal Lands are widely                          The following process is the                       8. Definitions
                                                  dispersed within States and Insular                     mechanism by which a SAHO should
                                                  Areas across the country, they constitute               retain or rescind a designated                           For the purpose of implementing the
                                                  a composite total land area over twice                  nomination: Each SAHO will go to the                  solicitation for veterinary shortage
                                                  the size of Alaska. If the 200-mile limit               map of VMLRP designated shortage                      situations, the definitions provided in 7
                                                  U.S. coastal waters and associated                      situations for FY 2015 (http://nifa.usda.             CFR part 3431 are applicable.


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                                                                              Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices                                              75963

                                                  B. Nomination Form and Description of                   status. This is because access to                     other situation-specific risk criteria for
                                                  Fields                                                  veterinary services is necessary for basic            classifying a nominated area as a
                                                                                                          animal health, animal well-being,                     Critical Priority shortage.
                                                  1. Access to Nomination Form
                                                                                                          production profitability, and for food
                                                     The veterinary shortage situation                                                                          4. Type I Shortage—80 Percent or
                                                                                                          safety, and because high consequence
                                                  nomination form is available in the                                                                           Greater Private Practice Food Supply
                                                                                                          disease outbreaks in agricultural
                                                  VMLRP Shortage Situations section at                                                                          Veterinary Medicine
                                                                                                          animals or natural catastrophes can
                                                  www.nifa.usda.gov/vmlrp. The                            occur spontaneously anywhere. In such                    SAHOs identifying this shortage type
                                                  completed form must be sent to NIFA by                  cases, early detection of disease and/or              must check one or more boxes
                                                  selecting ‘‘SUBMIT’’ on the nomination                  treatment of animals are essential. These             indicating which specie(s) constitute the
                                                  form.                                                   activities are the authorized purview of              veterinary shortage situation. Indicate
                                                                                                          a licensed veterinarian. In addition to               either ‘‘Must Cover’’ or ‘‘May Cover’’ to
                                                  2. Physical Location of Shortage Area or
                                                                                                          the above examples, the SAHO is                       stipulate which species a future
                                                  Position
                                                                                                          invited to make a unique case based on                awardee must be prepared, willing, and
                                                     Following conclusion of the                          other situation-specific risk criteria, for           committed to provide services for,
                                                  nomination and designation process,                     classifying a nominated area as a                     versus which species an awardee could
                                                  NIFA will prepare lists and/or maps that                Moderate Priority shortage.                           treat using a minor percentage of their
                                                  include all designated shortage                            High Priority: This shortage                       time obligated under a VMLRP contract.
                                                  situations for the current program year.                prioritization corresponds to an area                 The Type I shortage situation must
                                                  This effort requires a physical location                lacking sufficient access to food supply              entail at least an 80 percent time
                                                  that represents the center of the service               veterinary services, commensurate with                commitment to private practice food
                                                  area for a geographic shortage or the                   the service percent FTE specified. High               supply veterinary medicine. The
                                                  location of the main office or work                     Priority status is justified by meeting the           nominator will specify the minimum
                                                  address for a public practice and/or                    criteria for Moderate Priority status plus            percent time (between 80 and 100
                                                  specialty practice shortage. For                        any of a variety of additional concerns               percent of a standard 40 hour week) a
                                                  example, if the state seeks to certify a                relating to food supply veterinary                    veterinarian must commit in order to
                                                  tri-county area as a food animal                        medicine and/or public health. For                    satisfactorily fill the specific nominated
                                                  veterinary service (i.e., Type I) shortage              example, the area may exhibit an                      situation. The shortage situation may be
                                                  situation, a road intersection                          especially large census of food animals               located anywhere (rural or non-rural) so
                                                  approximating the center of the tri-                    in comparison to available veterinary                 long as the veterinary service shortages
                                                  county area would constitute a                          services. Special animal or public health             to be mitigated are consistent with the
                                                  satisfactory physical location for NIFA’s               threats unique to the area, such as a                 definition of ‘‘practice of food supply
                                                  listing and mapping purposes. By                        recent history of outbreaks of high                   veterinary medicine.’’ The minimum 80
                                                  contrast, if the state is identifying                   consequence, reportable, endemic                      percent time commitment is, in part,
                                                  ‘‘veterinary diagnostician’’, a Type III                animal and zoonotic diseases (e.g.,                   recognition of the fact that occasionally
                                                  nomination, as a shortage situation, then               Brucellosis, TB, etc.) could also                     food animal veterinary practitioners are
                                                  the nominator would complete this field                 constitute a high priority threat. In                 expected to meet the needs of other
                                                  by filling in the primary address of the                addition to the above examples, the                   veterinary service sectors such as
                                                  location where the diagnostician would                  SAHO is invited to make a unique case                 clientele owning companion and exotic
                                                  work (e.g., State animal disease                        based on other situation-specific risk                animals. Type I nominations are
                                                  diagnostic laboratory).                                 criteria, for classifying a nominated area            intended to address those shortage
                                                                                                          as a High Priority shortage.                          situations where the nominator believes
                                                  3. Overall Priority of Shortage                                                                               a veterinarian can operate profitably
                                                                                                             Critical Priority: This shortage
                                                     Congressional intent is for this                     prioritization corresponds to an area                 committing between 80 and 100 percent
                                                  program to incentivize applicants to                    severely lacking in some aspect of food               time to food animal medicine activities
                                                  ‘‘serve in veterinary service shortage                  supply or public health-related                       in the designated shortage area, given
                                                  areas with the greatest need.’’ There is                veterinary services, commensurate with                the client base and other socio-
                                                  therefore the presumption that all areas                the service percent FTE specified.                    economic factors impacting viability of
                                                  nominated as shortage situations should                 Critical priority status is justified by              veterinary practices in the area. This
                                                  be classified as at least ‘‘moderate                    meeting the criteria for moderate and/or              generally corresponds to a shortage area
                                                  priority’’ shortages. To assist                         high priority status plus any of a variety            where clients can reasonably be
                                                  nomination merit review panelists and                   of additional serious concerns relating               expected to pay for professional
                                                  award phase peer panelists in scoring                   to the roles food supply veterinarians                veterinary services and where food
                                                  shortage nominations and ranking                        play in protecting animal and public                  animal populations are sufficiently
                                                  applications from VMLRP applicants,                     health. For example, an area may                      dense to support a (or another)
                                                  SAHOs are asked to characterize each                    exhibit an especially high potential for              veterinarian. The personal residence of
                                                  shortage situation nomination as                        natural disasters or for incursion of                 the veterinarian (VMLRP award
                                                  ‘‘Moderate Priority’’, ‘‘High Priority’’, or            catastrophic foreign animal disease such              recipient) and the address of veterinary
                                                  ‘‘Critical Priority’’ shortages.                        as Highly Pathogenic Avian Influenza,                 practice employing the veterinarian may
                                                     Moderate Priority: This shortage                     Mad Cow Disease, or Foot and Mouth                    or may not fall within the geographic
                                                  prioritization corresponds to an area                   Disease. High risk areas could include                bounds of the designated shortage area.
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                                                  lacking in some aspect of food supply                   high through-put international animal
                                                  veterinary services, commensurate with                  importation sites and areas where                     5. Type II Shortage—30 Percent or
                                                  the service percent full-time-                          wildlife and domestic food animals                    Greater Private Practice Food Supply
                                                  equivalency (FTE) specified. Absence                    cross national borders carrying                       Veterinary Medicine in a Rural Area (as
                                                  of, or insufficient, trained ‘‘eyes and                 infectious disease agents (e.g., the US-              Defined)
                                                  ears’’ of a veterinarian serving a food                 Mexico border). In addition to the above                 SAHOs identifying this shortage type
                                                  animal production area is sufficient to                 examples, the submitting SAHO is                      must check one or more boxes
                                                  constitute moderate priority shortage                   invited to make a unique case based on                indicating which specie(s) constitute the


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                                                  75964                       Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices

                                                  veterinary shortage situation. Indicate                 workforce capacity and capability.                    minimum FTE obligation is 30 percent
                                                  either ‘‘Must Cover’’ or ‘‘May Cover’’ to               These positions are typically located in              for Type II shortage situation, but the
                                                  stipulate which species a future                        city, county, State and Federal                       nominator may specify up to 79 percent.
                                                  awardee must be prepared, willing, and                  Government, and institutions of higher                Higher percentages should be submitted
                                                  committed to provide services for,                      education. Examples of positions within               as Type I shortages. The minimum FTE
                                                  versus which species an awardee could                   the public practice sector include                    obligation is 49 percent for Type III
                                                  treat using a minor percentage of their                 university faculty and staff, veterinary              (public practice) shortage situations, but
                                                  time obligated under a VMLRP contract.                  laboratory diagnostician, County Public               the nominator may specify up to 100
                                                  The shortage situation must be in an                    Health Officer, State Veterinarian, State             percent. An entry should be made in the
                                                  area satisfying the definition of ‘‘rural.’’            Public Health Veterinarian, State                     box for specification of percent FTE if
                                                  The minimum 30 percent-time (12                         Epidemiologist, FSIS meat inspector,                  the percentage specified is other than
                                                  hours/week) commitment of an awardee                    Animal and Plant Health Inspection                    the default minimum. Otherwise the
                                                  to serve in a rural shortage situation is               Service (APHIS) Area Veterinarian in                  box should be left blank. In assigning a
                                                  in recognition of the fact that there may               Charge (AVIC), and Federal Veterinary                 percentage FTE, SAHOs should be
                                                  be some remote or economically                          Medical Officer (VMO).                                cognizant of the impact this has on an
                                                  depressed rural areas in need of food                      Veterinary shortage situations such as
                                                                                                                                                                eventual awardee. If the percentage is
                                                  animal veterinary services that are                     those listed above are eligible for
                                                                                                          consideration under Type III                          too high for an awardee to achieve, he
                                                  unable to support a practitioner
                                                                                                          nomination. However, nominators                       or she could fall into breach status
                                                  predominately serving the food animal
                                                                                                          should be aware that Congress has                     under the program and owe any
                                                  sector, yet the need for food animal
                                                  veterinary services for an existing,                    stipulated that the VMLRP must                        distributed funds back to NIFA. NIFA
                                                  relatively small, proportion of available               emphasize private food animal practice                requires formal quarterly certification
                                                  food animal business is nevertheless                    shortage situations. Accordingly, NIFA                that minimum service time was worked
                                                  great. The Type II nomination is                        anticipates that loan repayments for the              before each quarterly loan repayment is
                                                  therefore intended to address those rural               Public Practice sector will be limited to             paid to the awardee’s lender(s).
                                                  shortage situations where the nominator                 approximately 10 percent of total                     Accordingly, NIFA advises that a
                                                  believes there is a shortage of food                    nominations and/or available funds.                   nomination be submitted only if the
                                                  supply veterinary services, and that a                     The minimum time commitment                        SAHO is confident that an awardee can
                                                  veterinarian can operate profitably                     serving under a Type III shortage                     meet the default, or optionally specified,
                                                  committing 30 to 79 percent to food                     nomination is 49 percent. The                         minimum FTE percentage each and
                                                  animal medicine in the designated rural                 nominator will specify the minimum                    every one of the 12 quarters (i.e., twelve
                                                  shortage area. The nominator will                       percent time (between 49 percent and                  3-month periods) constituting the 3-year
                                                  specify the minimum percent time                        100 percent) a veterinarian must commit               duration of service under the program.
                                                  (between 30 and 79 percent) a                           in order to satisfactorily fill the specific
                                                                                                          nominated situation. NIFA understands                 8. Written Response Sections
                                                  veterinarian must commit in order to
                                                  satisfactorily fill the specific nominated              that some public practice employment                  a. Importance and Objectives of a
                                                  situation. Under the Type II nomination                 opportunities that are shortage                       Veterinarian Meeting This Shortage
                                                  category, the expectation is that the                   situations may be part-time positions.                Situation
                                                  veterinarian may provide veterinary                     For example, a veterinarian pursuing an
                                                  services to other veterinary sectors (e.g.,             advanced degree (in a shortage                           Within the allowed word limit the
                                                  companion animal clientele) as a means                  discipline area) on a part-time basis may             nominator should clearly state
                                                  of achieving financial viability. As with               also be employed by the university for                overarching objectives the State hopes
                                                  Type I nominations, the residence of the                the balance of the veterinarian’s time to             to achieve by placing a veterinarian in
                                                  veterinarian (VMLRP award recipient)                    provide part-time professional                        the nominated situation and measure(s)
                                                  and/or the address of veterinary practice               veterinary service(s) such as teaching,               awardees and NIFA could use to assess
                                                  employing the veterinarian may or may                   clinical service, or laboratory animal                success. Include the minimum percent
                                                  not fall within the geographic bounds of                care that may or may not also qualify as              time commitment (within the range of
                                                  the designated shortage area. However,                  veterinary shortage situations. The 49                the shortage type selected) the awardee
                                                  the awardee is required to verify the                   percent minimum therefore provides                    is expected to devote to filling the
                                                  specified minimum percent time                          flexibility to nominators wishing to                  specific food supply veterinary shortage
                                                  commitment (30 percent to 79 percent,                   certify public practice shortage                      situation.
                                                  based on a standard 40 hour work week)                  situations that would be ineligible
                                                  to service within the specified                         under more stringent minimum percent                  b. Activities of a Veterinarian Meeting
                                                  geographic shortage area.                               time requirements.                                    This Shortage Situation

                                                  6. Type III Shortage—Public Practice                    7. Specifying a Different Service Time                  Within the allowed word limit the
                                                  Shortage (49 Percent or Greater Public                  Requirement (Optional)                                nominator should clearly state the
                                                  Practice)                                                  Minimum percent FTE service                        principal day-to-day professional
                                                     SAHOs identifying this shortage type                 obligated under the VMLRP is specified                activities that would have to be
                                                  must, in the spaces provided, identify                  for each of the three shortage types.                 conducted in order to achieve the
                                                  the ‘‘Employer’’ and the presumptive                    However, the nominator may indicate,                  objectives described in a. above.
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                                                  ‘‘Position Title’’, and check one or more               in the box provided on page 2 of the                  c. Past Efforts To Recruit and Retain a
                                                  of the appropriate boxes identifying the                nomination form, a greater percent FTE                Veterinarian in the Shortage Situation
                                                  specialty/disciplinary area(s) being                    than the specified minimum, according
                                                  nominated as a shortage situation. This                 to the following guidelines. For a Type                  Within the allowed word limit the
                                                  is a broad nomination category                          I shortage, the minimum FTE obligation                nominator should explain any prior
                                                  comprising many types of specialized                    is 80 percent, but the nominator may                  efforts to mitigate this veterinary service
                                                  veterinary training and employment                      specify up to 100 percent (100 percent                shortage and prospects for recruiting
                                                  areas relating to food supply veterinary                FTE corresponds to 40 hours/week). The                veterinarian(s) in the future.


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                                                                              Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices                                                  75965

                                                  d. Risk of This Veterinarian Position Not               that may require consideration of many                After each presentation, panelists will
                                                  Being Secured or Retained                               qualitative and quantitative factors. In              have an opportunity, if necessary, to
                                                    Within the allowed word limit the                     addition, each shortage situation will be             discuss the nomination, with the
                                                  nominator should explain the                            characterized by a different array of                 primary reviewer leading the discussion
                                                  consequences of not addressing this                     subjective and objective supportive                   and recording comments. After the
                                                  veterinary shortage situation.                          information that must be developed into               panel discussion is complete, any
                                                                                                          a cogent case identifying, characterizing,            scoring revisions will be made by and
                                                  e. Affirmation Checkboxes                               and justifying a given geographic or                  at the discretion of the primary
                                                     SAHOs submitting shortage                            disciplinary area as deficient in certain             reviewer. The panel is then polled to
                                                  nominations should check both                           types of veterinary capacity or service.              recommend, or not recommend, the
                                                  ‘‘affirmation’’ boxes on the last page of               To accommodate the uniqueness of each                 shortage situation for designation.
                                                  the nomination form. These two                          shortage situation, the nomination form               Nominations scoring 70 or higher by the
                                                  affirmations provide assurance that                     provides opportunities to present a case              primary reviewer (on a scale of 0 to
                                                  submitting SAHOs understand the                         using both supportive metrics and                     100), and receiving a simple majority
                                                  shortage nomination process and the                     narrative explanations to define and                  vote in support of designation as a
                                                  importance of the SAHO having                           explain the proposed need. At the same                shortage situation will be
                                                  reasonable confidence that the                          time, the elements of the nomination                  ‘‘recommended for designation as a
                                                  nomination submitted describes a bona                   form provide a common structure for                   shortage situation.’’ Nominations
                                                  fide shortage area. The second assurance                the information collection process                    scoring below 70 by the primary
                                                  is particularly important to help avoid                 which will in turn facilitate fair                    reviewer, and failure to achieve a simple
                                                  the placement of a VMLRP awardee                        comparison of the relative merits of                  majority vote in support of designation
                                                  where veterinary coverage already                       each nomination by the evaluation                     will be ‘‘not recommended for
                                                  exists, and where undue competition                     panel.                                                designation as a shortage situation.’’ In
                                                  could lead to insufficient clientele                       While NIFA anticipates some                        the event of a discrepancy between the
                                                  demand to support either the awardee                    arguments made in support of a given                  primary reviewer’s scoring and the
                                                  or the veterinary practice originally                   shortage situation will be qualitative,               panel poll results, the VMLRP program
                                                  serving the area.                                       respondents are encouraged to present                 manager will be authorized to make the
                                                                                                          verifiable quantitative and qualitative               final determination on the nomination’s
                                                  C. NIFA Review of Shortage Situation                    evidentiary information wherever                      designation.
                                                  Nominations                                             possible. Absence of quantitative data
                                                                                                                                                                  Done in Washington, DC, this 1st day of
                                                  1. Review Panel Composition and                         such as animal and veterinarian census                December 2015.
                                                  Process                                                 data for the proposed shortage area(s)
                                                                                                                                                                Meryl Broussard,
                                                                                                          may lead the panel to recommend not
                                                     NIFA will convene a panel of food                    approving the shortage nomination.                    Associate Director for Programs, National
                                                  supply veterinary medicine experts                         The maximum point value review                     Institute of Food and Agriculture.
                                                  from Federal and state agencies, as well                panelists may award for each element is               [FR Doc. 2015–30717 Filed 12–4–15; 8:45 am]
                                                  as institutions receiving Animal Health                 as follows:                                           BILLING CODE 3410–22–P
                                                  and Disease Research Program funds                         20 points: Describe the objectives of a
                                                  under section 1433 of NARETPA, who                      veterinarian meeting this shortage
                                                  will review the nominations and make                    situation as well as being located in the             COMMISSION ON CIVIL RIGHTS
                                                  recommendations to the NIFA Program                     community, area, state/insular area, or
                                                  Manager. NIFA explored the possibility                  position requested above.                             Sunshine Act Meeting Notice
                                                  of including experts from non-                             20 points: Describe the activities of a            AGENCY:  United States Commission on
                                                  governmental professional organizations                 veterinarian meeting this shortage                    Civil Rights.
                                                  and sectors for this process, but under                 situation and being located in the
                                                                                                                                                                ACTION: Notice of Commission Business
                                                  NARETPA section 1409A(e), panelists                     community, area, state/insular area, or
                                                  for the purposes of this process are                    position requested above.                             Meeting.
                                                  limited to Federal and State agencies                      5 points: Describe any past efforts to
                                                                                                                                                                DATES:  Date and Time: Friday,
                                                  and cooperating state institutions (i.e.,               recruit and retain a veterinarian in the
                                                                                                                                                                December 11, 2015; 2:00 p.m. EST.
                                                  NARETPA section 1433 recipients), and                   shortage situation identified above.
                                                                                                             35 points: Describe the risk of this               ADDRESSES: Place: 1331 Pennsylvania
                                                  other postsecondary educational
                                                  institutions.                                           veterinarian position not being secured               Ave. NW., Suite 1150, Washington, DC.
                                                     NIFA will review the panel                           or retained. Include the risk(s) to the               FOR FURTHER INFORMATION CONTACT:
                                                  recommendations and designate the                       production of a safe and wholesome                    Lenore Ostrowsky, Acting Chief, Public
                                                  VMLRP shortage situations. The list of                  food supply and/or to animal, human,                  Affairs Unit (202) 376–8591.
                                                  shortage situations will be made                        and environmental health not only in                     Hearing-impaired persons who will
                                                  available on the VMLRP Web site at                      the community but in the region, state/               attend the briefing and require the
                                                  www.nifa.usda.gov/vmlrp.                                insular area, nation, and/or                          services of a sign language interpreter
                                                                                                          international community.                              should contact Pamela Dunston at (202)
                                                  2. Review Criteria                                         An additional 20 points will be used               376–8105 or at signlanguage@usccr.gov
                                                     Criteria used by the shortage situation              to evaluate overall merit/quality of the              at least seven business days before the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  nomination review panel and NIFA for                    case made for each nomination.                        scheduled date of the meeting.
                                                  certifying a veterinary shortage situation                 Prior to the panel being convened,                 SUPPLEMENTARY INFORMATION:
                                                  will be consistent with the information                 shortage situation nominations will be
                                                  requested in the shortage situations                    evaluated and scored according to the                 Meeting Agenda
                                                  nomination form. NIFA understands                       established scoring system by a primary                  This meeting is open to the public.
                                                  that defining the risk landscape                        reviewer. When the panel convenes, the                I. Approval of Agenda
                                                  associated with shortages of veterinary                 primary reviewer will present each                    II. Program Planning
                                                  services throughout a state is a process                nomination orally in summary form.                       • Discussion and vote on part B


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Document Created: 2015-12-14 13:30:51
Document Modified: 2015-12-14 13:30:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and solicitation for nominations.
DatesShortage situation nominations, both new and carry over, must be submitted on or before February 10, 2016.
ContactDanielle Tack; Program Coordinator, Veterinary Science; National Institute of Food and Agriculture; U.S. Department of Agriculture; STOP 2220; 1400 Independence Avenue SW., Washington, DC 20250-2220; Voice: 202-401-6802; Fax: 202-401-6156; Email: [email protected]
FR Citation80 FR 75959 

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