66304 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Proposed Rules 

1https://www.aphis.usda.gov/import_export/ 

downloads/vs-federal-order-asf.pdf. 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 843 

[Docket ID: OPM–2023–0008] 

RIN 3206–AO55 

Federal Employees’ Retirement 

System; Present Value Conversion 

Factors for Spouses of Deceased 

Separated Employees; Correction 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects the 

RIN in a proposed rule that was 

published in the Federal Register on 

July 14, 2023, regarding the Present 

Value Conversion Factors for Spouses of 

Deceased Separated Employees in the 

Federal Employees’ Retirement System. 

DATES: This correction is effective on 

September 27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Karla Yeakle, (202) 606–0299. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of July 14, 

2023, in FR Doc. 2023–14983, on page 

45100 in the document heading, the RIN 

is corrected to read ‘‘3206–AO55.’’ 

Dated: September 21, 2023. 

Kayyonne Marston, 

Federal Register Liaison. 

[FR Doc. 2023–20963 Filed 9–26–23; 8:45 am] 

BILLING CODE 6325–38–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 93 

[Docket No. APHIS–2022–0014] 

Importation of Live Dogs for Resale 

From Regions Where African Swine 

Fever Exists or Is Reasonably Believed 

to Exist 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations to establish requirements 

regarding the importation of live dogs 

for resale, whether through retail or 

wholesale channels or fee-based 

adoption, from regions where African 

swine fever (ASF) exists or is reasonably 

believed to exist. These regulations are 

necessary because dogs imported from 

ASF-affected countries for resale 

purposes, along with bedding, represent 

a potential risk for the introduction of 

ASF into the United States. This action 

would address that risk. 

DATES: We will consider all comments 

that we receive on or before November 

27, 2023. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Enter APHIS– 

2022–0014 in the Search field. Select 

the Documents tab, then select the 

Comment button in the list of 

documents. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2022–0014, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at www.regulations.gov 

or in our reading room, which is located 

in Room 1620 of the USDA South 

Building, 14th Street and Independence 

Avenue SW, Washington, DC. Normal 

reading room hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary Kate Anderson, Staff Veterinary 

Medical Officer, Live Animal Imports, 

Veterinary Services, APHIS, 4700 River 

Road, Riverdale, MD 20737; (301) 851– 

3300; email: LAIE@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the Animal Health Protection 

Act (AHPA, 7 U.S.C. 8301 et seq.), the 

Secretary of Agriculture may prohibit or 

restrict the importation or entry of any 

animal, article, or means of conveyance 

if the Secretary determines that the 

prohibition or restriction is necessary to 

prevent the introduction into or 

dissemination within the United States 

of any pest or disease of livestock. 

Pursuant to this authority, the Animal 

and Plant Health Inspection Service 

(APHIS) administers the regulations in 9 

CFR part 93. The regulations in part 93 

govern the importation of live animals 

into the United States, and place 

restrictions on the importation of certain 

species or types of animals in order to 

address the risk that the animals present 

of introducing or disseminating diseases 

or pests of livestock. 

The regulations in part 93 currently 

include requirements regarding the 

importation of live swine in order to 

address the risk that the swine may 

present of introducing African swine 

fever (ASF) into the United States; 

§ 93.505 requires swine imported into 

the United States to be accompanied by 

a certificate attesting that the region of 

origin of the swine is free of ASF. ASF 

is a highly contagious disease of wild 

and domestic swine that can spread 

rapidly in swine populations with 

extremely high rates of morbidity and 

mortality. 

APHIS monitors possible pathways of 

introduction of ASF into the United 

States and has identified dogs imported 

from ASF-affected countries for resale 

purposes, along with their bedding, as a 

potential pathway for introduction of 

ASF into the United States. Dogs for 

resale includes any transfer of 

ownership or control of an imported dog 

of less than 6 months of age to another 

person, for more than de minimis 

consideration (this includes such 

transactions as retail sale, wholesale, 

and fee-based adoption). Accordingly, 

on August 2, 2021, APHIS issued a 

Federal Order (DA–2021–01),1 effective 

on August 16, 2021, imposing several 

requirements on the importation of dogs 

for resale from regions where ASF exists 

or is reasonably believed to exist. The 

Federal Order requires: 

• The U.S. importer must obtain an 

APHIS Animal Care import permit for 

dog(s) intended for resale and satisfy all 

import requirements. 

• The dog(s) imported for resale must 

also meet all of the following APHIS 

Veterinary Services (VS) import 

requirements: 

Æ The dog(s) and their shipping crate/ 

container must be free of dirt, wood 

shavings, hay, straw, or any other 

organic/natural bedding material. 

Æ All bedding that accompanies the 

dog(s) during transit must be properly 

disposed of at the post-entry point(s) of 

concentration in a way that prevents the 

introduction or spread of ASF. 

• Disposal methods may include 

incineration; or disinfecting the bedding 

with an APHIS-approved disinfectant, 

placing the bedding in a leakproof bag, 

sealing the bag, disinfecting the bag 

exterior with an APHIS-approved 

disinfectant, inserting the disinfected 

bag into another leakproof bag, sealing 

that bag, disinfecting the bag exterior 

with the same disinfectant product, and 

disposing of the bag in a landfill in 

accordance with all State and local 

regulations. 

Æ Dog(s) must have an International 

Standards Organization (ISO) compliant 

microchip implanted, and the 

microchip number must be verified 


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Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Proposed Rules 66305 

immediately before the animal is 

bathed. 

• To certify a microchip as ISO 

compliant, the microchip must operate 

at a radio frequency of 134.2 kHz. ISO 

microchip numbers usually contain 15 

digits. 

Æ Dog(s) must be bathed at the U.S. 

post-entry point(s) of concentration 

within 2 calendar days of arrival at the 

U.S. port of entry, and completion of 

this requirement must be documented 

on the VS Dog Import Record. 

• U.S. post-entry point(s) of 

concentration are the first location 

where shipments of imported dog(s) are 

directly moved to following arrival at 

the U.S. port of entry. 

Both parts of the VS Dog Import 

Record must be completed and 

submitted for each shipment of 

imported dog(s) intended for resale. 

• Part 1 of the VS Dog Import Record 

must include the following information: 

Æ The name, phone number, email, 

and address of the importer. 

Æ The country of origin. 

Æ The APHIS Animal Care import 

permit number. 

Æ The number of dogs shipped. 

Æ The U.S. port of entry. 

Æ The date of the dog(s)’ arrival in the 

United States. 

Æ The address(es) of the first U.S. 

post-entry point(s) of concentration. 

Æ Importer certification and 

signature. 

• Part 2 of the VS Dog Import Record 

must include the following information: 

Æ The APHIS Animal Care import 

permit number. 

Æ Each dog’s name (if applicable), 

microchip number, age, gender, breed, 

color/markings, and the date of bath 

completion. 

Æ The name, phone number, email, 

and signature of the importer. 

Æ The name, phone number, email 

and signature of the bather(s). 

• Upon arrival at the U.S. post-entry 

point(s) of concentration, all bedding 

that accompanied the dog(s) during 

shipping must be properly disposed of. 

• The individual microchip number 

must be verified immediately before 

each animal is bathed. 

• The dog(s) must be bathed at the 

U.S. post-entry point(s) of concentration 

within 2 calendar days following entry 

into the United States. Completion of 

this requirement must be documented 

on the VS Dog Import Record and 

signed by the importer and bather(s). 

• The VS Dog Import Record 

verifying the completion of all VS 

import requirements for every dog in the 

shipment must be submitted to APHIS 

within 2 business days following the 

dogs’ entry into the United States. 

• VS may require, at its discretion, 

animal inspection at the post-entry 

point(s) of concentration in the United 

States to verify import requirements 

were met. APHIS is proposing to add 

the above requirements, by adding 

paragraph (c) to § 93.600. 

In general, the proposed regulation 

adheres to the requirements of the 

Federal Order. However, we are 

proposing one change with regard to 

unique identification of the dogs. While 

the Federal Order requires the 

microchip to be ISO-compliant and 

operate at a specific radio frequency, we 

are instead proposing that the microchip 

must meet APHIS-approved standards 

in providing unique identification. The 

list of such approved standards would 

be maintained on the internet at https:// 

www.aphis.usda.gov/aphis/ourfocus/ 

animalwelfare/dog-import-into-us/ 

import-live-dogs-into-us, and we would 

publish a notice in the Federal Register 

if we update the list. 

The list would currently state that 

microchips that are ISO-compliant and 

operate at a radio frequency of 134.2 

kHz are APHIS-approved. However, if 

ISO adopts an alternate frequency that 

APHIS evaluates and finds acceptable, 

or should a different international 

standards body arise that is equivalently 

stringent to ISO, this deviation from the 

Federal Order would provide APHIS 

with sufficient flexibility to make 

changes to the list of acceptable 

identification to meet the terms of the 

regulations in a manner that does not 

require rulemaking. 

Executive Orders 12866 and Regulatory 

Flexibility Act 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. 

APHIS has determined that dogs 

imported from ASF affected countries 

for resale purposes, along with their 

bedding, represent a possible pathway 

for the introduction of disease. To block 

this pathway, APHIS issued a Federal 

Order (DA–2021–01) imposing several 

restrictions on the importation of dogs 

for resale from regions where ASF exists 

or is reasonably believed to exist. 

ASF is found in countries around the 

world. More recently, it has spread to 

the Dominican Republic and Haiti. ASF 

has also spread through China, 

Mongolia and Vietnam, as well as 

within parts of the European Union. 

Animal breeders and importers may 

be affected by this rulemaking. They 

will have to spend additional time to 

complete and submit the required 

documents. Importers will need to 

verify that they have met these 

restrictions by completing and 

submitting a Dog Import Record that 

will record information regarding the 

dogs’ characteristics, identification, 

origin, entry into the United States, 

disposition of their bedding and packing 

material, and confirmation of bathing. 

The U.S. importer must obtain an 

APHIS Animal Care (AC) import permit 

for dog(s) intended for resale, and 

satisfy all import requirements therein, 

including age and vaccination 

requirements. The dog(s) imported for 

resale must also meet all of the 

following APHIS Veterinary Services 

(VS) import requirements. The dog(s) 

and their shipping crate/container must 

be free of dirt, wood shavings, hay, 

straw, or any other organic/natural 

bedding material. All bedding that 

accompanies the dog(s) during transit 

must be properly disposed of at the 

post-entry point(s) of concentration in a 

way that prevents the introduction or 

spread of ASF. Dog(s) must have an 

International Standards Organization 

(ISO) compliant microchip implanted, 

and the microchip number must be 

verified immediately before the animal 

is bathed. Dog(s) must be bathed at the 

U.S. post-entry point(s) of concentration 

within 2 calendar days of arrival at the 

U.S. port of entry, and completion of 

this requirement must be documented 

on the VS Dog Import Record. 

We have reason to believe that many 

of these requirements, such as 

microchipping and bathing, are routine 

industry practices and that entities will 

incur at most minimal additional costs 

in implementing them. Accordingly, 

based on the information we have, there 

is no reason to conclude that adoption 

of this proposed rule would result in 

any significant economic effect on a 

substantial number of small entities. 

However, we do not currently have all 

of the data necessary for a 

comprehensive analysis of the effects of 

this proposed rule on small entities. 

Therefore, we are inviting comments on 

potential effects. In particular, we are 

interested in determining the number 

and kind of small entities that may 

incur benefits or costs from the 

implementation of this proposed rule. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 


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66306 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Proposed Rules 

State and local officials. (See 2 CFR 

chapter IV.) 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). The information collection 

activities in this proposed rule are 

included under the Office of 

Management and Budget (OMB) control 

number 0579–0478 which has been 

submitted to OMB for approval. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact Mr. 

Joseph Moxey, APHIS’ Paperwork 

Reduction Act Coordinator, at (301) 

851–2483. 

List of Subjects in 9 CFR Part 93 

Animal diseases, Imports, Livestock, 

Poultry and poultry products, Reporting 

and recordkeeping requirements. 

Accordingly, APHIS proposes to 

amend 9 CFR part 93 as follows: 

PART 93—IMPORTATION OF CERTAIN 

ANIMALS, BIRDS, FISH, AND 

POULTRY, AND CERTAIN ANIMAL, 

BIRD, AND POULTRY PRODUCTS; 

REQUIREMENTS FOR MEANS OF 

CONVEYANCE AND SHIPPING 

CONTAINERS 

■ 1. The authority citation for part 93 

continues to read as follows: 

Authority: 7 U.S.C. 1622 and 8301–8317; 

21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 

CFR 2.22, 2.80, and 371.4. 

■ 2. Amend § 93.600 by adding 

paragraph (c) to read as follows: 

§ 93.600 Importation of dogs. 

* * * * * 

(c) Dogs imported for resale purposes 

from regions where African swine fever 

exists or is reasonably believed to exist. 

In order for a dog for resale purposes 

(any transfer of ownership or control of 

an imported dog of less than 6 months 

of age to another person, for more than 

de minimis consideration) to be 

imported from a region listed in 

accordance with § 94.8(a)(2) of this 

subchapter as a region in which African 

swine fever (ASF) exists or is reasonably 

believed to exist, the following 

requirements must be met: 

(1) Permitting. The U.S. importer must 

obtain an import permit in accordance 

with § 2.150 of this chapter for any dog 

intended for resale, and satisfy all 

import requirements in §§ 2.150 through 

2.152 of this chapter, including age and 

vaccination requirements. 

(2) Cleaning and disinfecting. The 

dogs and their shipping crate/container 

must be free of dirt, wood shavings, hay, 

straw, or any other organic/natural 

bedding material. Additionally, all 

bedding that accompanies the dog(s) 

during transit must be properly 

disposed of at the U.S. post-entry 

point(s) of concentration in a way that 

prevents the introduction or spread of 

ASF. U.S. post-entry points of 

concentration are the first location 

where shipments of imported dogs are 

directly moved to following arrival at 

the U.S. port of entry. Disposal methods 

include: 

(i) Incineration; or 

(ii) Disinfecting the bedding with a 

disinfectant specified by APHIS for use 

in mitigating ASF, placing the bedding 

in a leakproof bag, sealing the bag, 

disinfecting the bag exterior with the 

same disinfectant product, inserting the 

disinfected bag into another leakproof 

bag, sealing that bag, disinfecting the 

bag exterior with the same disinfectant 

product, and disposing of the bag in a 

landfill in accordance with all State and 

local regulations. 

(3) Bathing. Dogs must be bathed at 

the U.S. post-entry point of 

concentration within 2 calendar days of 

arrival at the U.S. port of entry, and 

completion of this requirement must be 

documented on a VS Dog Import 

Record. 

(4) Identification. Dogs must have a 

microchip implanted that meets APHISapproved standards in providing unique 

identification. A list of all such 

standards is found on https://

www.aphis.usda.gov/aphis/ourfocus/ 

animalwelfare/dog-import-into-us/ 

import-live-dogs-into-us. APHIS will 

publish a notice in the Federal Register 

if the list of identification standards is 

updated. Immediately before a dog is 

bathed in accordance with paragraph 

(c)(3) of this section, the party bathing 

the dog must verify that the dog has met 

the requirements of this paragraph 

(c)(4). 

(5) Certification. The VS Dog Import 

Record verifying the completion of all 

VS import requirements for every dog in 

the shipment must be signed by the 

importer and bather and submitted to 

APHIS within 2 business days following 

the dogs’ entry into the United States. 

Both parts of the VS Dog Import Record, 

as listed in this paragraph (c)(5), must 

be completed and submitted for each 

shipment of imported dogs intended for 

resale. 

(i) Part 1 of the VS Dog Import Record 

must include the following information: 

(A) The name, phone number, email, 

and address of the importer; 

(B) The country of origin of the dog(s); 

(C) The APHIS Animal Care import 

permit number; 

(D) The number of dogs shipped; 

(E) The U.S. port of entry; 

(F) The date of the dog(s)’ arrival in 

the United States; 

(G) The addresses of the first U.S. 

post-entry points of concentration; and 

(H) Importer certification and 

signature. 

(ii) Part 2 of the VS Dog Import 

Record must include the following 

information: 

(A) The APHIS Animal Care import 

permit number; 

(B) Each dog’s name (if applicable), 

microchip number, age, gender, breed, 

color/markings, and the date of bath 

completion; 

(C) The name, phone number, email, 

and signature of the importer; and 

(D) The name, phone number, email, 

and signature of the bather(s). 

(6) Non-compliance. Non-compliance 

with any of APHIS’ import requirements 

by an importer could result in 

appropriate enforcement or remedial 

actions, including refusal of entry. 

* * * * * 

Done in Washington, DC, this 21st day of 

September 2023. 

Michael Watson, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2023–20952 Filed 9–26–23; 8:45 am] 

BILLING CODE 3410–34–P 


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