```

[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Proposed Rules]
[Pages 54392-54397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22413]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / 
Proposed Rules

[[Page 54392]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 2

[Docket No. APHIS-2009-0053]
RIN 0579-AD23

Animal Welfare; Importation of Live Dogs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations to implement an 
amendment to the Animal Welfare Act (AWA). The Food, Conservation, and 
Energy Act of 2008 added a new section to the AWA to restrict the 
importation of certain live dogs. Consistent with this amendment, this 
proposed rule would, with certain limited exceptions, prohibit the 
importation of dogs from any part of the world into the continental 
United States or Hawaii for purposes of resale, research, or veterinary 
treatment, unless the dogs are in good health, have received all 
necessary vaccinations, and are at least 6 months of age. This proposed 
rule is necessary to implement the amendment to the AWA and would help 
to ensure the welfare of imported dogs.

DATES: We will consider all comments that we receive on or before 
October 31, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2009-0053-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2009-0053, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2009-
0053 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Gerald Rushin, Veterinary Medical 
Officer, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 
20737-1231; (301) 734-0954.

SUPPLEMENTARY INFORMATION: 

Background

    Under the Animal Welfare Act (AWA or the Act, 7 U.S.C. 2131 et 
seq.), the Secretary of Agriculture is authorized to promulgate 
standards and other requirements governing the humane handling, care, 
treatment, and transportation of certain animals by dealers, research 
facilities, exhibitors, operators of auction sales, and carriers and 
intermediate handlers. The Secretary has delegated responsibility for 
administering the AWA to the Administrator of U.S. Department of 
Agriculture's (USDA) Animal and Plant Health Inspection Service 
(APHIS). Within APHIS, the responsibility for administering the AWA has 
been delegated to the Deputy Administrator for Animal Care (AC). 
Regulations and standards are established under the AWA and are 
contained in the Code of Federal Regulations (CFR) in 9 CFR parts 1, 2, 
and 3 (referred to below as the regulations). Part 2 provides 
administrative requirements and sets forth institutional 
responsibilities for regulated parties.
    The Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, 
signed into law on June 18, 2008) added a new section to the Animal 
Welfare Act (7 U.S.C. 2148) to restrict the importation of certain live 
dogs. As amended, the AWA now prohibits the importation of dogs into 
the United States for resale purposes, unless the Secretary determines 
that the dogs are in good health, have received all necessary 
vaccinations, and are at least 6 months of age. The AWA further 
provides that the Secretary, by regulation, must provide an exception 
to these requirements in any case in which a dog is imported for 
research purposes or veterinary treatment. An exception to the at least 
6-month age requirement is also provided in Section 18 of the AWA for 
dogs that are lawfully imported into Hawaii from the British Isles, 
Australia, Guam, or New Zealand in compliance with the applicable 
regulations of Hawaii, provided the dogs are not transported out of 
Hawaii for purposes of resale at less than 6 months of age. Persons who 
fail to comply with these provisions are subject to any penalties under 
Section 18 of the AWA and must provide for the cost of the care, 
forfeiture, and adoption of each applicable dog, at his or her expense.
    The AWA, as amended, directs the Secretary and the Secretaries of 
Health and Human Services (HHS), Commerce, and Homeland Security to 
promulgate such regulations as are necessary to implement and enforce 
these new provisions of the AWA. After close consultation and 
cooperation among those Federal departments, APHIS is proposing to add 
a new subpart to the regulations, subpart J in 9 CFR part 2, that would 
contain the new requirements for the importation of certain live dogs. 
The proposed requirements are described in detail below.

Import Permit

    We are proposing to require that live dogs imported into the 
continental United States (i.e., the contiguous 48 States and Alaska) 
or Hawaii for purposes of resale, research, or veterinary treatment be 
accompanied by an import permit issued by APHIS. Proposed Sec.  
2.150(a) would require the importation to occur within 30 days after 
the proposed date of arrival stated in the import permit. The import 
permit would help ensure that the requirements for importing live dogs 
under the proposed subpart are understood and met by the importer.
    We propose to require that any person desiring to import live dogs 
for purposes of resale, research, or veterinary treatment complete an 
application for an import permit and submit it to the Animal and Plant 
Health Inspection Service, Animal Care, 4700 River Road Unit 84, 
Riverdale, MD 20737-1234 or

[[Page 54393]]

through Animal Care's Web site at: http://www.aphis.usda.gov/animal_welfare. Paper application forms for import permits may be obtained 
from Animal Care at the address listed above.
    The application must include the name and address of the person 
intending to export the dog(s) to the continental United States or 
Hawaii; the name and address of the person intending to import the 
dog(s) into the continental United States or Hawaii; the number of dogs 
to be imported and the breed, sex, age, color, markings, and other 
identifying information of each dog; the purpose of the importation; 
the port of embarkation and the mode of transportation; the port of 
entry in the continental United States or Hawaii; the proposed date of 
arrival in the continental United States or Hawaii; and the name and 
address of the person to whom the dog(s) will be delivered in the 
continental United States or Hawaii and, if the dog(s) is imported for 
research purposes, the USDA registration number of the research 
facility where the dog will be used for research, tests, or 
experiments. The information required for completion of an application 
for importation helps APHIS determine whether the dogs appear eligible 
for importation, to respond to an applicant, to identify the dogs at 
the port of entry, and to contact appropriate persons if any questions 
arise concerning the importation.
    APHIS will review the application and, if the application is 
complete, an import permit may be issued. Note that an import permit 
does not guarantee that any dog will be allowed entry into the 
continental United States or Hawaii; the dogs will be allowed entry 
only if they meet all applicable requirements of subpart J as well as 
any other applicable regulations or statutory requirements. We note, in 
particular, that: (1) All dogs imported into the United States are 
currently subject to restrictions established by HHS' Centers for 
Disease Control and Prevention (CDC) in 42 CFR part 71; and (2) dogs 
imported into the United States from screwworm-affected regions and 
dogs that are used to handle livestock and are imported from any part 
of the world except Canada, Mexico, Central America, and the West 
Indies are currently subject to restrictions established by APHIS' 
Veterinary Services program in 9 CFR part 93.

Certifications

    We would require that live dogs imported into the continental 
United States or Hawaii for purposes of resale, research, or veterinary 
treatment be accompanied by two certificates: An original health 
certificate and a valid rabies vaccination certificate. As discussed 
below under the heading ``Exceptions,'' we would provide limited 
exceptions to these requirements for dogs imported for certain research 
studies or veterinary treatment, as well as dogs imported into Hawaii 
from certain regions of the world.

Original Health Certificate

    This proposed section would require that an original health 
certificate be issued in English by a veterinarian with a valid license 
to practice veterinary medicine in the country of export and bear the 
signature and license number of the veterinarian issuing the 
certificate. These requirements would help ensure that the veterinarian 
who issues the health certificate is authorized to do so.
    This proposed section would also require that the health 
certificate specify the name and address of the person intending to 
import the dog into the continental United States or Hawaii. This 
information would allow APHIS to contact the appropriate person if any 
questions arise during importation. Further, we propose to require 
specific information and statements to be included in the health 
certificate. The health certificate would have to identify the dog on 
the basis of breed, sex, age, color, markings, and other identifying 
information and state that: (1) The dog is at least 6 months of age; 
(2) the dog was vaccinated, not more than 12 months before the date of 
arrival at the U.S. port, for distemper, hepatitis, leptospirosis, 
parvovirus, and parainfluenza virus (DHLPP) \1\ at a frequency that 
provides continuous protection of the dog from those diseases and is in 
accordance with currently accepted practices as cited in veterinary 
medicine reference guides; and (3) the dog is in good health (i.e., 
free of any infectious disease or physical abnormality which would 
endanger the dog or other animals or endanger public health, including, 
but not limited to, parasitic infection, emaciation, lesions of the 
skin, nervous system disturbances, jaundice, or diarrhea).
---------------------------------------------------------------------------

    \1\ Distemper is an airborne viral disease of the lungs, 
intestines and brain; infectious canine hepatitis is a viral disease 
of the liver; leptospirosis is a bacterial disease of the urinary 
tract; parainfluenza is an infectious bronchitis; and parvovirus is 
a viral disease of the intestines.
---------------------------------------------------------------------------

    The health certificate would help personnel at the port of entry 
determine if the dog meets the requirements set forth in proposed 
subpart J. The statements contained in the health certificate would 
help ensure, among other things, that the dog is in good health, has 
received vaccinations necessary to protect against DHLPP, and is at 
least 6 months of age.

Rabies Vaccination Certificate

    Proposed Sec.  2.151(a)(2) sets forth the rabies vaccination 
certificate requirements for live dogs offered for entry into the 
continental United States or Hawaii for purposes of resale, research, 
or veterinary treatment. Like the original health certificate, this 
proposed section would require that the rabies vaccination certificate 
be issued in English by a veterinarian with a valid license to practice 
veterinary medicine in the country of export and bear the signature and 
license number of the veterinarian issuing the certificate. These 
requirements would help ensure that the veterinarian who issues the 
rabies vaccination certificate is authorized to do so. This requirement 
could also be met by providing an exact copy of the rabies vaccination 
certificate if so required under the Public Health Service regulations 
in 42 CFR 71.51.
    Dogs that are less than 3 months of age are too young to be 
vaccinated against rabies. Therefore, this proposed section would 
provide that the dogs would have to be accompanied by a rabies 
vaccination certificate that was issued for the dog at not less than 3 
months of age at the time of vaccination.
    This proposed section would also require that the health 
certificate specify the name and address of the person intending to 
import the dogs into the continental United States or Hawaii, as well 
as identify the dog on the basis of breed, sex, age, color, markings, 
and other identifying information. This information would allow APHIS 
to contact the appropriate person (i.e., the person intending to import 
the dog) if any questions arise during importation and to confirm that 
the health certificate and rabies vaccination certificates were issued 
for the same dog that was specified on the import permit. Further, 
proposed Sec.  2.151(a)(2) would require specific statements to be 
included in the rabies vaccination certificate. Paragraphs (a)(2)(iii) 
through (a)(2)(iv) provide that the rabies vaccination certificate 
would have to specify: (1) A date of rabies vaccination at least 30 
days before the date of arrival of the dog at a U.S. port; and (2) a 
date of expiration of the vaccination which is after the date of 
arrival of the dog at a U.S. port. If no date of expiration is 
specified, then the date of vaccination would be no more than 12 months 
before the date of arrival at a U.S. port. These requirements would 
help to ensure that the dog has been properly

[[Page 54394]]

vaccinated against rabies and that the vaccination has not expired.
    The rabies vaccination certificate would help personnel at the port 
of entry determine if the dog meets the requirements set forth in 
proposed subpart J. The statements contained in the health certificate 
would help ensure that the dog has been appropriately vaccinated 
against rabies.

Exceptions

    Section 18 of the AWA directs the Secretary to provide, by 
regulation, an exception to the good health, vaccination, and at least 
6-month age requirements in any case in which a dog is imported for 
research purposes or veterinary treatment. An exception to the at least 
6-month age requirement is also provided in the AWA for dogs that are 
lawfully imported into Hawaii from the British Isles, Australia, Guam, 
or New Zealand in compliance with the applicable regulations of Hawaii, 
provided the dogs are not transported out of Hawaii for purposes of 
resale at less than 6 months of age. The legislative history suggests 
that this exception was adopted in recognition of Hawaii's unique 
situation arising out of its current quarantine regulations. Notably, 
Hawaii is the only State that is entirely rabies-free and all dogs 
transported into Hawaii, regardless of age or purpose, must comply with 
its import requirements.
    We propose to provide a limited exception for persons intending to 
import a live dog into the continental United States or Hawaii for use 
in research, tests, or experiments at a research facility, as defined 
in Sec.  1.1 of the regulations, provided that three conditions are 
met. First, we would require that the dog be accompanied by an import 
permit for the reasons discussed above. Second, the dog would have to 
be accompanied by a valid rabies vaccination certificate and/or an 
original health certificate that states that the dog is at least 6 
months of age, in good health, and/or has been vaccinated against 
DHLPP, unless the person intending to import the dog submits 
satisfactory evidence to Animal Care at the time of his or her 
application for an import permit that the specific provision at issue 
(age, health, or vaccination) would interfere with the dog's use in 
such research, tests, or experiments in accordance with a research 
protocol and that the proposal has been approved by the research 
facility's Institutional Animal Care and Use Committee (IACUC). In such 
cases, no rabies vaccination certificate would be required, and/or the 
health certificate would not have to include the specific statement at 
issue, as appropriate. This exception is limited to IACUC-approved 
protocols that require the use of imported dogs that are less than 6 
months of age, are not in good health, and/or have not been vaccinated 
against DHLPP or rabies. It does not apply to research studies that 
simply require the use of imported dogs.
    Proposed Sec.  2.151(b)(2) would provide a limited exception for 
persons intending to import one or more dogs into the continental 
United States or Hawaii for purposes of veterinary treatment by a 
licensed veterinarian, as defined in Sec.  1.1 of the regulations, 
provided that three conditions are met. First, we would require that 
the dog be accompanied by import permit as discussed above. Second, the 
dog would have to be accompanied by the original health certificate. 
The health certificate would not have to state that the dog is at least 
6 months of age, in good health, and has been vaccinated against DHLPP. 
However, the veterinarian would have to state on the health certificate 
that the dog is in need of veterinary treatment that cannot be obtained 
in the country of export and specify the name and address of the 
licensed veterinarian in the continental United States or Hawaii who 
intends to provide the dog such veterinary treatment. No rabies 
vaccination certificate would be required for dogs so imported. Third, 
the person who imports the dog would have to complete a veterinary 
treatment agreement with Animal Care at the time of application for an 
import permit and confine the dog until the conditions specified in the 
agreement are met. Such conditions may include determinations by the 
licensed veterinarian in the continental United States or Hawaii that 
the dog is in good health, has been adequately vaccinated against DHLPP 
and rabies, and is at least 6 months of age. The person importing the 
dog would bear the expense of veterinary treatment and confinement. 
These requirements are necessary to validate that dogs offered for 
entry into the continental United States or Hawaii for veterinary 
treatment are in need of treatment by a veterinarian in the United 
States and can be safely released from confinement into the United 
States.
    Finally, proposed Sec.  2.151(b)(3) would provide an exception to 
the at least 6-month age requirement for any person who lawfully 
imports a live dog into the State of Hawaii from the British Isles, 
Australia, Guam, or New Zealand in compliance with the applicable 
regulations of the State of Hawaii, provided that the dog is not 
transported out of the State of Hawaii for purposes of resale at less 
than 6 months of age. Dogs so imported would need to be accompanied at 
the port of entry by an import permit, a health certificate, and a 
rabies vaccination certificate, except that the veterinarian need not 
certify on the health certificate that the dog is at least 6 months of 
age. This exception is necessary to implement section 18(b)(2)(B) of 
the AWA.
    All of the above proposed exceptions are necessary to implement the 
statute.

Notification of Arrival

    Proposed Sec.  2.152 requires that, upon the arrival of a dog at 
the port of first arrival in the continental United States or Hawaii, 
the person wishing to import the dog, or his or her agent, would have 
to present the import permit and any applicable certificates and 
veterinary treatment agreement to the collector of customs for use at 
that port. This proposed requirement is necessary to ensure that the 
dogs are eligible for importation.

Dogs Refused Entry

    Proposed Sec.  2.153 would specify that any dog refused entry into 
the continental United States or Hawaii for noncompliance with the 
requirements of this subpart may be removed from the United States or 
may be seized by an APHIS official and the person intending to import 
the dog shall provide for the cost of the care (including appropriate 
veterinary care), forfeiture, and adoption of the dog, at his or her 
expense. This proposed section clarifies the measures that may be taken 
when a dog is refused entry into the continental United States or 
Hawaii. These measures are in addition to any penalties that may be 
assessed to any person for failure to comply with the proposed subpart 
and section 18 of the AWA.
    These proposed regulations would help to ensure the welfare of 
certain live dogs imported from any part of the world into the 
continental United States and Hawaii.

Executive Orders 12866 and 13563 and Regulatory Flexibility Act

    This proposed rule has been determined to be significant for the 
purposes of Executive Order 12866 and, therefore, has been reviewed by 
the Office of Management and Budget.
    We have prepared an economic analysis for this rule. The economic 
analysis provides a cost-benefit analysis, as required by Executive 
Order 12866, and an initial regulatory flexibility analysis that 
examines the potential economic effects of this proposed rule on small 
entities, as required by the Regulatory Flexibility Act. The

[[Page 54395]]

economic analysis is summarized below. Copies of the full analysis are 
available by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    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.
    The full economic analysis examines impacts for U.S. small entities 
this proposed rule, which would amend the AWA regulations to prohibit, 
with certain exceptions, the importation of dogs for purposes of 
resale, research, or veterinary treatment, unless they are in good 
health, have all necessary vaccinations, and are 6 months of age or 
older. The vaccinations are rabies vaccination (which is already 
required by CDC for imported dogs in most instances) and DHLPP 
vaccination. The rule would include limited exceptions for (1) dogs 
imported for certain research studies or veterinary treatment, and (2) 
dogs lawfully imported into the State of Hawaii from the British Isles, 
Australia, Guam, or New Zealand in compliance with applicable 
regulations of the State of Hawaii, provided the dogs are not 
transported out of the State of Hawaii for resale at less than 6 months 
of age.
    The rule would promote the humane treatment of certain imported 
dogs and benefit most U.S. dog importers and dealers by ensuring that 
these dogs are in good health, vaccinated, and not too young. In 
addition, there could be a positive economic impact for U.S. commercial 
dog breeding facilities, given that puppies currently imported at less 
than 6 months of age compete for the same market, but at lower prices. 
The only entities that may be adversely affected are those that 
currently import dogs, or purchase imported dogs, that do not meet the 
new requirements, particularly those that import or purchase from 
importers dogs that are less than 6 months of age.
    The requirements of this proposed rule may mean additional costs 
for vaccines, veterinary care and paperwork for some entities. The cost 
of a complete series of DHLPP vaccinations could be between $50 and 
$105 per dog. Because rabies vaccinations are already required in most 
instances by CDC, we do not expect increased costs associated with that 
requirement. The cost of vaccinations is negligible when compared to 
the costs that can result from importing a diseased dog. The costs 
associated with a single rabid dog recently imported from Iraq, for 
example, are estimated to have totaled more than $28,000. Veterinary 
care and vaccinations are regular responsibilities of owning a 
companion animal in the United States and these requirements of the 
proposed rule are therefore normal for the care of a dog.
    According to the U.S. Bureau of Census, the United States imported 
an average of about 17,000 dogs per year between 2005 and 2010. 
Assuming that none of these imported dogs received DHLPP vaccinations 
and all were at least 6 months of age, and the range of vaccination 
costs above, the total cost of providing the vaccinations required 
under this proposed rule could have ranged from $850,000 to $1.8 
million. APHIS believes, however, that many of the dogs affected by 
this rule already receive the DHLPP vaccination as a matter of course 
and so will not bear any additional costs as a result of this rule. 
Although there may be costs associated with obtaining a health 
certificate, providing the required vaccinations is likely to be the 
largest additional cost associated with the rule. Because shipments 
with a fair market value of less than $2,000 are not included in these 
statistics, the number of dogs potentially covered by this rule may be 
underestimated.
    The Small Business Administration (SBA) has established guidelines 
for determining firms considered to be small under the Regulatory 
Flexibility Act. Importers of live dogs for resale, research, and 
veterinary treatment would be directly affected by this proposed rule. 
While the exact number and size of affected entities is not known, in 
2007 there were about 12,600 establishments in the generalized category 
of other miscellaneous nondurable goods merchant wholesalers (NAICS 
424990), which includes importers of dogs, and about 99 percent of 
those establishments were considered small. Importers may face 
increased vaccination and care costs abroad, unless they already 
vaccinate against DHLPP (as mentioned, rabies vaccinations are already 
required in most instances by CDC) or they qualify for the narrow 
exceptions for dogs imported for certain research studies or veterinary 
treatment. Any increase in costs for importers may be passed on to 
entities buying the imported dogs. On the other hand, such entities 
might be positively affected due to the greater assurance that an 
imported dog is in good health and of an eligible age.
    Theoretically, any change in the number of imported dogs into the 
United States could affect the demand for foreign veterinary services 
and domestic veterinary services, dog products and dog food. However, 
we expect that any impact of the proposed rule on these industries 
would be negligible. Imported dogs comprise a very small fraction of 
the U.S. dog population, well under one percent. It is therefore highly 
unlikely that any change in the number of imported dogs would 
significantly affect those domestic markets.
    We believe that the benefits of this rule, including the 
unquantifiable enhancement of animal welfare, justify the costs. 
Benefits of the rule include promoting the humane treatment of covered 
imported dogs in keeping with the requirements of the Animal Welfare 
Act (AWA) and with standard health practices for dogs in the United 
States. The rule could potentially also yield benefits by preventing 
the spread of diseases in the United States. Unvaccinated dogs imported 
into the United States could potentially spread communicable diseases 
to other dogs or human beings.
    Because there is uncertainty surrounding the number of dogs 
potentially covered by this rule and the cost of providing the 
necessary vaccines and health certificates for imported dogs, APHIS 
welcomes information that the public may provide on the number of 
imported dogs and possible impacts of the rule. Similarly, there are no 
available data regarding the age of dogs that are currently imported 
for resale, so we are unable to estimate the effects of the AWA 
prohibition on the importation, for resale purposes, of dogs less than 
6 months of age. We welcome any information that potentially affected 
entities or the general public could provide in that regard. APHIS also 
welcomes information that the public may provide concerning the size 
distribution of entities that import dogs for resale, research, and 
veterinary treatment, and any other comments on the rule's possible 
impacts.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
The Act does not provide administrative procedures which must be 
exhausted prior to a

[[Page 54396]]

judicial challenge to the provisions of this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2009-0053. Please send a copy of your comments to: (1) Docket No. 
APHIS-2009-0053, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and 
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is 
best assured of having its full effect if OMB receives it within 30 
days of publication of this proposed rule.
    APHIS is proposing to amend the regulations to implement an 
amendment to the AWA. The Food, Conservation, and Energy Act of 2008 
added a new section to the AWA to restrict the importation of certain 
live dogs for resale. Consistent with this amendment, this proposed 
rule would, with certain exceptions, prohibit the importation of dogs 
from any part of the world into the continental United States or Hawaii 
for purposes of resale, research, or veterinary treatment, unless the 
dogs are in good health, have received all necessary vaccinations, and 
are at least 6 months of age.
    The proposed regulations include information collection activities 
for import permits, health certificates, and rabies vaccination 
certificates for certain dogs so imported. The proposed regulations 
include certain exceptions to the rabies vaccination certificate 
requirements for dogs imported for research purposes and veterinary 
treatment, but require a veterinary treatment agreement for dogs so 
imported for veterinary treatment.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.25 hours per response.
    Respondents: Importers of live dogs and veterinarians.
    Estimated annual number of respondents: 150,000.
    Estimated annual number of responses per respondent: 2.893333.
    Estimated annual number of responses: 434,000.
    Estimated total annual burden on respondents: 108,500 hours. (Due 
to averaging, the total annual burden hours may not equal the product 
of the annual number of responses multiplied by the reporting burden 
per response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

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 Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

List of Subjects in 9 CFR Part 2

    Animal welfare, Pets, Reporting and recordkeeping requirements, 
Research.

    Accordingly, we propose to amend 9 CFR part 2 as follows:

PART 2--REGULATIONS

    1. The authority citation for part 2 continues to read as follows:

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

    2. A new subpart J, consisting of Sec. Sec.  2.150 through 2.153, 
is added to read as follows:
Subpart J--Importation of Live Dogs
2.150 Import permit.
2.151 Certifications.
2.152 Notification of arrival.
2.153 Dogs refused entry.

Subpart J--Importation of Live Dogs

Sec.  2.150  Import permit.

    (a) No person shall import a live dog from any part of the world 
into the continental United States or Hawaii for purposes of resale, 
research, or veterinary treatment unless the dog is accompanied by an 
import permit issued by APHIS and unless imported into the continental 
United States or Hawaii within 30 days after the proposed date of 
arrival stated in the import permit.
    (b) An application for an import permit must be submitted to the 
Animal and Plant Health Inspection Service, Animal Care, 4700 River 
Road Unit 84, Riverdale, MD 20737-1234 or though Animal Care's Web site 
(http://www.aphis.usda.gov/animal_welfare/). Paper application forms 
for import permits may be obtained from Animal Care at the address 
listed above.
    (c) The completed application must include the following 
information:
    (1) The name and address of the person intending to export the 
dog(s) to the continental United States or Hawaii;
    (2) The name and address of the person intending to import the 
dog(s) into the continental United States or Hawaii;
    (3) The number of dogs to be imported and the breed, sex, age, 
color, markings, and other identifying information of each dog;
    (4) The purpose of the importation;
    (5) The port of embarkation and the mode of transportation;
    (6) The port of entry in the continental United States or Hawaii;
    (7) The proposed date of arrival in the continental United States 
or Hawaii; and
    (8) The name and address of the person to whom the dog(s) will be 
delivered in the continental United States or Hawaii and, if the dog(s) 
is or are imported for research purposes, the USDA registration number 
of the research facility where the dog will be used for research, 
tests, or experiments.
    (d) After receipt and review of the application by APHIS, an import 
permit indicating the applicable conditions for importation under this 
subpart may be issued for the importation of the dog(s) described in 
the application if such dog(s) appears to be eligible to be

[[Page 54397]]

imported. Even though an import permit has been issued for the 
importation of a dog, the dog may only be imported if all applicable 
requirements of this subpart and any other applicable regulations of 
this subchapter and any other statute or regulation of any State or of 
the United States are met.

Sec.  2.151  Certifications.

    (a) Except as provided in paragraph (b) of this section, no person 
shall import a live dog from any part of the world into the continental 
United States or Hawaii for purposes of resale, research, or veterinary 
treatment unless the following conditions are met:
    (1) Health certificate. Each dog is accompanied by an original 
health certificate issued in English by a licensed veterinarian with a 
valid license to practice veterinary medicine in the country of export 
that:
    (i) Specifies the name and address of the person intending to 
import the dog into the continental United States or Hawaii;
    (ii) Identifies the dog on the basis of breed, sex, age, color, 
markings, and other identifying information;
    (iii) States that the dog is at least 6 months of age;
    (iv) States that the dog was vaccinated, not more than 12 months 
before the date of arrival at the U.S. port, for distemper, hepatitis, 
leptospirosis, parvovirus, and parainfluenza virus at a frequency that 
provides continuous protection of the dog from those diseases and is in 
accordance with currently accepted practices as cited in veterinary 
medicine reference guides;
    (v) States that the dog is in good health (i.e., free of any 
infectious disease or physical abnormality which would endanger the dog 
or other animals or endanger public health, including, but not limited 
to, parasitic infection, emaciation, lesions of the skin, nervous 
system disturbances, jaundice, or diarrhea); and
    (vi) Bears the signature and the license number of the veterinarian 
issuing the certificate.
    (2) Rabies vaccination certificate. Each dog is accompanied by a 
valid rabies vaccination certificate \6\ that was issued in English by 
a licensed veterinarian with a valid license to practice veterinary 
medicine in the country of export for the dog not less than 3 months of 
age at the time of vaccination that:
---------------------------------------------------------------------------

    \6\ Alternatively, this requirement can be met by providing an 
exact copy of the rabies vaccination certificate if so required 
under the Public Health Service regulations in 42 CFR 71.51.
---------------------------------------------------------------------------

    (i) Specifies the name and address of the person intending to 
import the dog into the continental United States or Hawaii;
    (ii) Identifies the dog on the basis of breed, sex, age, color, 
markings, and other identifying information;
    (iii) Specifies a date of rabies vaccination at least 30 days 
before the date of arrival of the dog at a U.S. port;
    (iv) Specifies a date of expiration of the vaccination which is 
after the date of arrival of the dog at a U.S. port. If no date of 
expiration is specified, then the date of vaccination shall be no more 
than 12 months before the date of arrival at a U.S. port; and
    (v) Bears the signature and the license number of the veterinarian 
issuing the certificate.
    (b) Exceptions. (1) The provisions of paragraphs (a)(1)(iii), 
(a)(1)(iv), (a)(1)(v), and/or (a)(2) of this section do not apply to 
any person who imports a live dog from any part of the world into the 
continental United States or Hawaii for use in research, tests, or 
experiments at a research facility, provided that: Such person submits 
satisfactory evidence to Animal Care at the time of his or her 
application for an import permit that the specific provision(s) would 
interfere with the dog's use in such research, tests, or experiments in 
accordance with a research proposal and the proposal has been approved 
by the research facility IACUC.
    (2) The provisions of paragraphs (a)(1)(iii) through (a)(1)(v) and 
(a)(2) of this section do not apply to any person who imports a live 
dog from any part of the world into the continental United States or 
Hawaii for veterinary treatment by a licensed veterinarian, provided 
that:
    (i) The original health certificate required in paragraph (a)(1) of 
this section states that the dog is in need of veterinary treatment 
that cannot be obtained in the country of export and states the name 
and address of the licensed veterinarian in the continental United 
States or Hawaii who intends to provide the dog such veterinary 
treatment; and
    (ii) The person who imports the dog completes a veterinary 
treatment agreement with Animal Care at the time of application for an 
import permit and confines the animal until the conditions specified in 
the agreement are met. Such conditions may include determinations by 
the licensed veterinarian in the continental United States or Hawaii 
that the dog is in good health, has been adequately vaccinated against 
DHLPP and rabies, and is at least 6 months of age. The person importing 
the dog shall bear the expense of veterinary treatment and confinement.
    (3) The provisions of paragraph (a)(1)(iii) of this section do not 
apply to any person who lawfully imports a live dog into the State of 
Hawaii from the British Isles, Australia, Guam, or New Zealand in 
compliance with the applicable regulations of the State of Hawaii, 
provided that the dog is not transported out of the State of Hawaii for 
purposes of resale at less than 6 months of age.

Sec.  2.152  Notification of arrival.

    Upon the arrival of a dog at the port of first arrival in the 
continental United States or Hawaii, the person intending to import the 
dog, or his or her agent, must present the import permit and any 
applicable certifications and veterinary treatment agreement required 
by this subpart to the collector of customs for use at that port.

Sec.  2.153  Dogs refused entry.

    Any dog refused entry into the continental United States or Hawaii 
for noncompliance with the requirements of this subpart may be removed 
from the continental United States and Hawaii or may be seized and the 
person intending to import the dog shall provide for the cost of the 
care (including appropriate veterinary care), forfeiture, and adoption 
of the dog, at his or her expense.

    Done in Washington, DC, this 29th day of August 2011.
Edward Avalos,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 2011-22413 Filed 8-31-11; 8:45 am]
BILLING CODE 3410-34-P
```