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.

Proposed Rules Federal Register

54392 

Vol. 76, No. 170 

Thursday, September 1, 2011 

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 § 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 


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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules 54393 

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. 

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). 

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 § 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 § 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 


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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 § 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 § 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 § 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 § 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 § 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 § 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 


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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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
54396 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules 

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 

§§ 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 

§ 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules 54397 

6Alternatively, 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. 

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. 

§ 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: 

(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. 

§ 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. 

§ 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0533; Directorate 

Identifier 2011–NE–16–AD] 

RIN 2120–AA64 

Airworthiness Directives; Lycoming 

Engines (Type Certificate Previously 

Held by Textron Lycoming) 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require removing certain 


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