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Proposed Rule2023-14343

Control of Communicable Diseases; Foreign Quarantine: Importation of Dogs and Cats

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Published

July 10, 2023

Issuing agencies

Health and Human Services Department

Abstract

The Centers for Disease Control and Prevention (CDC), in the Department of Health and Human Services (HHS), proposes to amend its foreign quarantine regulation to provide additional clarity and safeguards to address the public health risk of dog-maintained rabies virus variant (DMRVV) associated with the importation of dogs into the United States. The United States has been DMRVV-free since 2007, and reintroduction poses significant risk to human and animal health. The close relationship between dogs and people means there is a direct public health risk to individuals that interact with inadequately vaccinated dogs imported from countries at high risk of DMRVV (high- risk countries). The notice of proposed rulemaking (NPRM) also addresses the importation of cats because both dogs and cats are included in the current regulation. Cats are not required to have proof of rabies vaccination and CDC is not proposing new substantive changes relating to the importation of cats.

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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Proposed Rules]
[Pages 43978-44029]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14343]

[[Page 43977]]

Vol. 88

Monday,

No. 130

July 10, 2023

Part VI

Department of Health and Human Services

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42 CFR Part 71

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Control of Communicable Diseases; Foreign Quarantine: Importation of
Dogs and Cats; Proposed Rule

Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 /
Proposed Rules

[[Page 43978]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 71

[CDC Docket No. CDC-2023-0051]
RIN 0920-AA82

Control of Communicable Diseases; Foreign Quarantine: Importation
of Dogs and Cats

AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Centers for Disease Control and Prevention (CDC), in the
Department of Health and Human Services (HHS), proposes to amend its
foreign quarantine regulation to provide additional clarity and
safeguards to address the public health risk of dog-maintained rabies
virus variant (DMRVV) associated with the importation of dogs into the
United States. The United States has been DMRVV-free since 2007, and
reintroduction poses significant risk to human and animal health. The
close relationship between dogs and people means there is a direct
public health risk to individuals that interact with inadequately
vaccinated dogs imported from countries at high risk of DMRVV (high-
risk countries). The notice of proposed rulemaking (NPRM) also
addresses the importation of cats because both dogs and cats are
included in the current regulation. Cats are not required to have proof
of rabies vaccination and CDC is not proposing new substantive changes
relating to the importation of cats.

DATES: Written or electronic comments on the NPRM must be received by
September 8, 2023.
Written comments on the proposed data collection requirements under
the Paperwork Reduction Act must be received by September 8, 2023.

ADDRESSES:
For the NPRM: You may submit comments, identified by Docket No.
CDC-2023-0051 or RIN 0920-AA82, by either of the following ways:
<bullet> Federal Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: Division of Global Migration and Quarantine, Centers
for Disease Control and Prevention, 1600 Clifton Road NE, MS H16-4,
Atlanta, GA 30329.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
action. All relevant comments received, including any personal
information provided, will be posted without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Do not submit comments by email. CDC does not
accept comments by email.
To request more information on the proposed project or to obtain a
copy of the information collection plan and instruments, contact
Jeffrey M. Zirger, Information Collection Review Office Centers for
Disease Control and Prevention, 1600 Clifton Road NE, MS H21-8,
Atlanta, Georgia 30329; Telephone: 404-639-7570; Email: <a href="/cdn-cgi/l/email-protection#5a3537381a393e39743d352c">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT: Ashley C. Altenburger, J.D., Division
of Global Migration and Quarantine, Centers for Disease Control and
Prevention, 1600 Clifton Road NE, MS H16-4, Atlanta, GA 30329.
Telephone: 1-800-232-4636. For information regarding CDC operations and
importations related to this NPRM, please contact Dr. Emily Pieracci,
D.V.M., Division of Global Migration and Quarantine, Centers for
Disease Control and Prevention, 1600 Clifton Road NE, MS H16-4,
Atlanta, GA 30329; Telephone: 1-800-232-4636.

SUPPLEMENTARY INFORMATION: The NPRM is organized as follows:

I. Executive Summary
A. Purpose of This Regulatory Action
B. Summary of Major Provisions
C. Costs and Benefits
II. Public Participation
III. Background
A. Legal Authority
B. Historical Background
C. Current Process
IV. Summary of Proposed Changes
V. Alternatives Considered
VI. Required Regulatory Analyses
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. Paperwork Reduction Act of 1995
D. National Environmental Policy Act (NEPA)
E. Executive Order 12988: Civil Justice Reform
F. Executive Order 13132: Federalism
G. Plain Language Act of 2010

I. Executive Summary

A. Purpose of This Regulatory Action

Through this NPRM, HHS/CDC proposes to revise its regulation at 42
CFR 71.51 to prevent the reintroduction and spread of dog-maintained
rabies virus variant (DMRVV) in the United States. HHS/CDC also
proposes amendments to 42 CFR 71.50, which contains definitions
applicable to animal importations under 42 CFR part 71, subpart F. The
United States was declared DMRVV-free in 2007.\1\ The importation of
just one dog infected with DMRVV risks re-introduction of the virus
into the United States; such a public health threat could result in the
loss of human and animal life and consequential economic
impact.2 3 4 The rabies virus can infect any mammal, and,
once clinical signs appear, the disease is almost always fatal.\5\ A
DMRVV-infected dog can transmit the virus to humans, domestic pets,
livestock, or wildlife. Importing inadequately vaccinated dogs from
countries at high risk of DMRVV (high-risk countries) \6\ involves a
significant public health risk to people who directly interact with
those dogs. In 2019, the importation of a DMRVV-infected dog cost the
affected State governments more than $400,000 U.S. dollars (USD) for
the ensuing public health investigations and rabies post-exposure
prophylaxis (PEP) treatments administered to exposed
persons.7 8
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\1\ Centers for Disease Control and Prevention. US Declared
Canine-Rabies Free. <a href="https://www.cdc.gov/media/pressrel/2007/r070907.htm">https://www.cdc.gov/media/pressrel/2007/r070907.htm</a>. Accessed June 1, 2023.
\2\ World Bank (2012). People, Pathogens and Our Planet: The
Economics of One Health. Retrieved from <a href="https://openknowledge.worldbank.org/handle/10986/11892">https://openknowledge.worldbank.org/handle/10986/11892</a>.
\3\ Raybern, C et al. Rabies in a dog imported from Egypt-
Kansas, 2019. MMWR Morb Mort Wkly Rep 2020; 69 (38): 1374-1377.
\4\ Jeon S, Cleaton J, Meltzer M, et al. Determining the post-
elimination level of vaccination needed to prevent re-establishment
of dog rabies. PLoS Neg Trop Dis 2019; 13 (12): e0007869.
\5\ Fooks AR, Banyard AC, Horton DL, Johnson N, McElhinney LM,
Jackson AC. Current status of rabies and prospects for elimination.
Lancet 2014;384:1389-99.
\6\ A complete list of countries with high risk of DMRVV is
available at ``High-Risk Countries for Dog Rabies.'' <a href="https://www.cdc.gov/importation/bringing-an-animal-into-the-united-states/high-risk.html">https://www.cdc.gov/importation/bringing-an-animal-into-the-united-states/high-risk.html</a>. Accessed June 8, 2023.
\7\ Raybern, C et al. Rabies in a dog imported from Egypt-
Kansas, 2019. MMWR Morb Mort Wkly Rep 2020; 69 (38): 1374-1377.
\8\ Centers for Disease Control and Prevention (2022). Rabies
Postexposure Prophylaxis. Retrieved from <a href="https://www.cdc.gov/rabies/medical_care/index.html">https://www.cdc.gov/rabies/medical_care/index.html</a>.
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Through this proposed rulemaking, HHS/CDC also seeks to prevent and
deter the importation of dogs with falsified or fraudulent rabies
vaccine documentation. In 2020, CDC observed a 52 percent increase in
the number of dogs that were ineligible for admission due to falsified
or fraudulent documentation, as compared to 2018 and 2019 (450 dogs
compared to the previous baseline of 300 dogs per year).\9\ This
troubling trend continued in 2021, with an additional 24 percent
increase of dogs ineligible for admission in just

[[Page 43979]]

the first half of the year, compared to the full 2020 calendar year
(January-December) (approximately 560 dogs with falsified or fraudulent
documentation).\10\
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\9\ Centers for Disease Control and Prevention. Quarantine
Activity Reporting System (version 4.9.8.8.2.2A). Dog importation
data, 2018-2020. Accessed: 15 February 2021.
\10\ Centers for Disease Control and Prevention. Quarantine
Activity Reporting System (version 4.9.8.8.2.2A). Dog importation
data, January 1, 2021-July 14, 2021. Accessed: 01 October 2021.
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The use of a single false rabies vaccination certificate (RVC) \11\
or rabies vaccination documents as part of a larger shipment of
multiple dogs raises suspicion that the other rabies vaccination
documents for the remaining dogs may also be false and creates an
additional burden on CDC and State health departments to track, test,
and evaluate the remaining dogs in the shipment. CDC and U.S. Customs
and Border Protection (CBP) have documented numerous importations every
year in which flight parents \12\ transport dogs for the purpose of
resale, adoption, or transfer of ownership that do not meet CDC's entry
requirements. These flight parents often claim the dogs are their
personal pets to avoid U.S. Department of Agriculture (USDA) Animal
Care entry requirements and potential tariffs or fees under CBP
regulations. Even when well-meaning, these importers jeopardize public
health, as many of them do not know the history of the animals they are
transporting. Deterring individuals who serve as flight parents from
supporting fraudulent dog importations has proven difficult despite the
existence of CBP penalties relating to aiding unlawful importations and
fraudulent conduct. See 19 U.S.C. 1592 and 19 U.S.C. 1595a.
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\11\ Centers for Disease Control and Prevention. What is a valid
rabies vaccination certificate? Available at: <a href="http://www.cdc.gov/importation/bringing-an-animal-into-the-united-states/vaccine-certificate.html">www.cdc.gov/importation/bringing-an-animal-into-the-united-states/vaccine-certificate.html</a>.
\12\ A flight parent refers to a person accompanying an animal
into the country. Flight parents are often solicited through social
media, not affiliated with the sponsoring dog rescue organization,
and usually compensated with an airline ticket or other funds.
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The documented increase in fraudulent vaccine documentation and
importers circumventing dog import regulations was shortly followed by
the advent of the coronavirus disease 2019 (COVID-19) pandemic. Many
public health resources were redirected to the COVID-19 response,
reducing the availability of resources to respond to dog importation
issues. In light of this confluence of events, in June 2021, CDC
published a temporary suspension of dogs entering the United States
from DMRVV high-risk countries.\13\ The temporary suspension created a
system that, among other things, implemented the use of standardized
forms, required titer test results demonstrating the presence of rabies
antibodies in dogs, and developed a reservation system allowing for the
rapid quarantine of dogs from DMRVV high-risk countries arriving with
inadequate proof of titers. During the temporary suspension, CDC has
documented decreased instances of fraud, fewer dogs being denied
admission into the country, fewer sick and dead dogs arriving in the
United States, and fewer federal and state agency resources devoted to
addressing issues related to inadequately vaccinated dogs upon arrival.
This NPRM proposes a similar regulatory framework based on the
documented successes of the temporary suspension.
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\13\ Temporary Suspension of Dogs Entering the United States
from High-Risk Rabies Countries. Federal Register, 86 FR 32041 (June
16, 2021).
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In parallel with the publication of this NPRM, CDC has published an
extension of the temporary suspension through July 31, 2024. A
suspension remains necessary to protect the public's health against the
reintroduction of DMRVV into the United States because there is a
continued threat posed by dogs from DMRVV high-risk countries that are
unvaccinated or inadequately vaccinated against rabies. This continued
threat is due to various factors, including: a high volume of dogs
being imported into the United States contemporaneous with insufficient
veterinary controls in DMRVV high-risk countries to prevent the export
of inadequately vaccinated dogs, inadequate veterinary supply chains
for vaccines and related materials, and persistent workforce capacity
shortages, particularly in DMRVV high-risk countries that export dogs
to the United States.
This NPRM proposes to incorporate practices used during the
temporary suspension period that CDC found effective to better protect
the public's health from introductions of DMRVV from high-risk
countries and reduce potential instances of fraudulent documentation.
The NPRM outlines a framework and set of operations that CDC believes
would mitigate the need for suspending dog imports from high-risk
countries should these procedures be adopted. We welcome feedback from
the public on all proposals contained within this NRPM.

B. Summary of Major Provisions

In this NPRM, HHS/CDC proposes to align U.S. import requirements
for dogs with the importation requirements of other DMRVV-free
countries by requiring proof of rabies vaccination and adequate
serologic test results from a CDC-approved laboratory. This NPRM
proposes for all dog imports: a microchip, six-month minimum age
requirement for admission, importer submission of a CDC import form
(CDC Import Submission Form), and requirements for airlines to confirm
documentation, provide safe housing, and assist public health officials
in determining animal cause of death.
HHS/CDC proposes all importers of dogs that have been in a DMRVV
high-risk country in the past six months, regardless of whether
foreign- or U.S.-vaccinated, would be required to submit a standardized
vaccination form verifying the rabies vaccination status of dogs. For
dogs that have been in a DMRVV high-risk country in the past six months
and have a valid U.S.-issued rabies vaccination certificate, this NPRM
proposes that the dog be required to arrive at a U.S. airport with a
CDC quarantine station. For dogs that have been in a DMRVV high-risk
country in the past six months, and were vaccinated in a foreign
country, this NPRM proposes that the dog be required to arrive a U.S.
airport with a CDC quarantine station and a CDC-registered Animal Care
Facility. This NPRM further proposes that dogs imported from DMRVV-free
or DMRVV low-risk countries be eligible to arrive at any U.S. port. In
lieu of a CDC vaccination form, which would be required for dogs
imported from DMRVV high-risk countries, these importers may instead
provide proof that the dogs have only been in DMRVV-free or DMRVV low-
risk countries during the previous six months prior to arriving in the
United States.
HHS/CDC also proposes to require that all dogs arriving from any
country, including dogs returning to the United States after traveling
abroad, be properly microchipped with an International Standards
Organization (ISO)-compatible microchip prior to travel into the United
States. The microchip information would be included on importation
documents to help ensure that dogs presented for admission are the same
dogs as those listed on the rabies vaccination records. Microchips are
already used globally and required for importation in many DMRVV-free
countries. Microchips are recommended by the international veterinary
community and animal rescue and welfare organizations to reunite lost
animals with their owners and ensure the veterinary records for an
animal can be linked to the animal.\14\
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\14\ American Veterinary Medical Association. Microchipping FAQ.
<a href="https://www.avma.org/resources-tools/pet-owners/petcare/microchips-reunite-pets-families/microchipping-faq">https://www.avma.org/resources-tools/pet-owners/petcare/microchips-reunite-pets-families/microchipping-faq</a>. Accessed June 1, 2023.
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The microchip requirement will also promote greater confidence in
the

[[Page 43980]]

information recorded on the rabies vaccination records. CDC has
documented several instances of importers attempting to present records
of vaccinated dogs that became ill or died before travel as the
vaccination records for dogs that lacked appropriate veterinary
paperwork, presenting the original dogs' vaccination records for the
replacement dogs and attempting to import the unvaccinated dogs into
the United States without detection.\15\ Because microchips are not
currently required for entry into the United States and the dogs in
question were not microchipped, the public health investigation to
confirm the identity of these dogs was both resource intensive and
challenging. Further, during CDC's temporary suspension of dogs
entering the United States from DMRVV high-risk countries, CDC
documented that 99 percent (>20,000) of permit applications received
were for dogs that had microchips implanted prior to the announcement
of the suspension. Microchips are frequently used by pet owners and
required for international transit by many foreign countries.
Therefore, CDC's proposed requirement would have minimal impact on dog
importations, although costs to some importers would still be incurred.
We welcome feedback on this proposal.
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\15\ Centers for Disease Control and Prevention. Quarantine
Activity Reporting System (version 4.9.8.8.2.2A). Dog importation
data, 2018-2020. Accessed: February 15, 2021.
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To address concerns about importations of puppies that are too
young to be properly vaccinated against rabies, through this NPRM, HHS/
CDC proposes requiring that any dog arriving in the United States be at
least six months of age. Dogs cannot be vaccinated effectively against
rabies before 12 weeks of age and are not considered fully vaccinated
until 28 days after vaccination.\16\ Establishing a six-month minimum
age requirement for the import of dogs aligns with current USDA
requirements for commercial dog imports under the Animal Welfare Act
\17\ and will better protect the public's health from rabies. Under
this proposal, an exception would be included to permit an owner to
import a maximum of three individual (personal pet) dogs under six
months of age in the same calendar year (January-December) if arriving
in the United States via a U.S. land port through Canada or Mexico,
provided the dogs have not been in a DMRVV high-risk or DMRVV-
restricted country since birth. CDC notes that both Canada and Mexico
are currently DMRVV-free countries, and a limited exception to
accommodate personal pet owners who travel by land between the U.S. and
Canada or Mexico is unlikely to threaten the public's health. HHS/CDC
specifically welcomes public comment this proposal.
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\16\ National Association of State Public Health Veterinarians.
Compendium of animal rabies prevention and control, 2016. JAVMA
2016; 248 (5):505-517.
\17\ 7 U.S.C. 2148.
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In this NPRM, HHS/CDC also proposes to require all dog importers to
submit a CDC Import Submission Form (i.e., an online form that includes
the importers' contact information and information related to each dog
being imported) via a CDC-approved system prior to travel to the United
States. This proposed requirement would apply to all imported dogs
(including dogs arriving from DMRVV-free and DMRVV low-risk countries)
arriving in the United States by air, land, or sea. Upon arrival at a
U.S. port,\18\ importers will present a receipt confirming they
submitted a completed CDC Import Submission Form; additionally,
importers arriving by air will present the receipt to the airline prior
to boarding. The receipt will contain the information submitted on the
CDC Import Submission Form, which will allow government officials to
verify that the details from the CDC Import Submission Form match the
dog being presented for entry. CDC's import submission system would
operate as a free online system. Requiring documentation for all
imported dogs would allow CDC to track the total number of dog
importations (including the number imported from DMRVV high-risk
countries), something CDC is unable to do currently.
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\18\ U.S. Port means any seaport, airport, or border crossing
point under the control of the United States. 42 CFR 71.1(b).
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HHS/CDC further proposes that an airline, prior to accepting a dog
for transport, must confirm that the dog possess all required import
documentation based on the country of origin. Airlines must also ensure
dogs from DMRVV high-risk countries will only be entering the United
States through a designated U.S. airport with a CDC quarantine station
(if U.S.-vaccinated) or a U.S. airport with both a CDC quarantine
station and a CDC-registered Animal Care Facility (if foreign-
vaccinated) and that the importer possesses a reservation with the CDC-
registered Animal Care Facility for examination, vaccination, and
quarantine (if required). As needed, CDC will coordinate with the
airline regarding transport of the dog to the CDC-registered Animal
Care Facility. These regulatory actions (if finalized as proposed)
would help ensure that dogs arriving in the United States from DMRVV
high-risk countries are adequately protected against rabies and do not
pose a public health threat. We welcome feedback from the public on
this proposal.
HHS/CDC proposes to require that airlines return dogs or cats
denied admission to the country of departure within 72 hours after
arrival. The responsibility for a dog or cat pending admission into the
United States or awaiting return to the country of departure has been a
point of confusion for many airlines, resulting in delayed care and
improper housing for numerous animals. Delays in returning dogs to
their countries of departure also potentially threaten U.S. public
health by exposing people to dogs with unknown rabies vaccination
status. HHS/CDC proposes that the airline on which a dog or cat is
brought to the United States must arrange for and ensure transportation
and care until the animal is either returned to the county of departure
or cleared for entry into the United States.
HHS/CDC also proposes a provision regarding dogs and cats that die
en route to the United States or that die while detained pending
determination of their admissibility. This provision is primarily
directed at airlines and would require that they transport deceased
dogs and cats and arrange for necropsy requiring gross and
histopathologic examination and any subsequent infectious disease
testing based on the findings. The importer is responsible for all
costs associated with necropsy and testing. The airline would also be
required to notify the CDC quarantine station of jurisdiction \19\
prior to transporting a dead dog or cat for a necropsy to determine
whether rabies testing is required and provide the quarantine station
with the final necropsy report and all test results. These measures
will help CDC rule out foreign animal diseases of public health concern
\20\ as a potential cause of death and will protect both animal and
human health. The provisions of this paragraph may also be applied to
other carriers transporting such dogs and cats in the very rare event
when the death of a dog or cat occurs en route to the United

[[Page 43981]]

States, or the animal dies while detained pending determination of
their admissibility. HHS/CDC welcomes public comment specifically on
these proposed requirements.
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\19\ CDC quarantine station jurisdictions, available at:
<a href="http://www.cdc.gov/quarantine/quarantinestationsjurisdictionscounties.html">www.cdc.gov/quarantine/quarantinestationsjurisdictionscounties.html</a>.
\20\ U.S. Department of Agriculture. Notifiable Diseases and
Conditions. <a href="https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/nvap/NVAP-Reference-Guide/Animal-Health-Emergency-Management/Notifiable-Diseases-and-Conditions">https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/nvap/NVAP-Reference-Guide/Animal-Health-Emergency-Management/Notifiable-Diseases-and-Conditions</a>.
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Through this NPRM, HHS/CDC proposes to remove the current
requirement for a valid RVC in 42 CFR 71.51(c) and replace it with new
rabies vaccination forms for dogs imported from DMRVV high-risk
countries. The proposed rabies vaccination forms would include the
rabies vaccination status of the dog and other required information
similar to the current valid RVC requirement. However, unlike the
current requirement for a valid RVC, the proposed rabies vaccination
forms would be standardized.
The rabies vaccination form for foreign-vaccinated dogs would also
be certified by a government official in the exporting country, as an
added measure to prevent falsification. The acceptable rabies
vaccination form to fulfill this requirement for foreign-vaccinated
dogs from DMRVV high-risk countries would be titled ``CDC Import
Certification of Rabies Vaccination and Microchip Required for Live Dog
Importations into the United States.'' This proposed change would help
ensure that foreign-vaccinated dogs imported from DMRVV high-risk
countries meet CDC entry requirements prior to traveling to the United
States and allow for follow-up with the exporting country's government
officials if repeated import violations occur. HHS/CDC welcomes public
comment on this proposed requirement.
Under the proposed rule, importers of U.S.-vaccinated dogs
presenting for re-entry into the United States from countries at high
risk for DMRVV would be required to arrive at a U.S. airport with a CDC
quarantine station. Additionally, prior to traveling out of the United
States, a USDA-Accredited Veterinarian would need to complete and sign
a form titled ``Certification of U.S.-issued Rabies Vaccination for
Live Dog Re-entry into the United States.'' This form would then be
certified by a USDA Official Veterinarian prior to departing the United
States and would need to be presented by the importer to the airline to
board the dog on its return flight to the United States. The importer
would also need to present this form when requested to do so by U.S.
government officials upon arrival. The use of this form would decrease
the likelihood of falsification or fraud because it would include
information in a standardized format and rely on USDA's existing
veterinary accreditation system. Dogs arriving with this form would not
be subject to the requirement for veterinary examination (unless ill,
injured, or exposed), revaccination, verification of adequate rabies
serologic tests, and/or post-vaccination quarantine at a CDC-registered
Animal Care Facility.
In this NPRM, CDC/HHS proposes to require importers of foreign-
vaccinated dogs from DMRVV high-risk countries to enter the United
States through an airport with a CDC quarantine station and a CDC-
registered Animal Care Facility. The importer would also need to obtain
a rabies serologic test from a CDC-approved laboratory for their
foreign-vaccinated dogs demonstrating adequate titer levels. In
addition, the importer would also need to have a reservation at the
CDC-registered Animal Care Facility and have their dog(s) undergo a
veterinary exam and revaccination with a USDA-licensed rabies vaccine
at the CDC-registered Animal Care Facility. Importers of foreign-
vaccinated dogs who cannot obtain serologic test results prior to
importation would be required to have their dog remain under quarantine
at the facility for 28 days after revaccination or until verification
of adequate rabies serologic test from a CDC-approved laboratory is
obtained, whichever occurs first. HHS/CDC is requesting comment on this
proposed process.
HHS/CDC proposes a narrow exception for both U.S.- and foreign-
vaccinated service dogs that have been in a DMRVV high-risk country
within the last six months. This exception would allow such dogs to
enter the U.S. at a U.S. seaport if the dog is at least six months of
age, has a microchip, has either a complete, accurate, and valid
Certification of U.S.-issued Rabies Vaccination for Live Dog Re-entry
into the United States form or a complete, accurate, and valid CDC
Import Certification of Rabies Vaccination and Microchip Required for
Live Dog Importations into the United States form, as appropriate, and
has sufficient and valid titer results from a CDC-approved laboratory
(if the dog is foreign-vaccinated). To be considered a valid service
dog, the dog would need to meet the definition of a ``service animal''
under 14 CFR 382.3, be accompanied by an ``individual with a
disability'' as defined under 14 CFR 382.3, and work or perform tasks
directly related to that individual's disability. HHS/CDC is requesting
comment on this proposed exception. HHS/CDC also proposes to prohibit
or otherwise restrict importation of dogs into the United States from
certain countries that have a history of exporting dogs infected with
DMRVV to other countries or have demonstrated a lack of appropriate
veterinary controls to prevent the exportation of rabid dogs. To
implement this provision, HHS/CDC proposes to maintain a ``List of
DMRVV-Restricted Countries'' from which the importation of dogs into
the United States would be prohibited. The list of DMRVV-restricted
countries would be maintained on CDC's website. Additions or removals
of countries would also be announced in notices published in the
Federal Register. Under this proposal, CDC would retain the ability to
issue a special exemption on an extremely limited basis for dogs that
have been in a DMRVV-restricted country in the six months prior to
their importation into the United States (e.g., for dogs imported for
scientific purposes, for use as a trained service animal for
individuals with disabilities,\21\ or in furtherance of an important
government interest). HHS/CDC welcomes public comment on public health
standards and evidence used to maintain a list of DMRVV-restricted
countries and the length of time or conditions to be met before a
country is added or eligible for removal from the list. Additionally,
HHS/CDC welcomes public comment on how the list will be maintained and
whether publication on CDC's website and through Federal Register
notices would be sufficient to adequately inform importers.
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\21\ Emotional support animals are not recognized as service
animals. U.S. Department of Transportation. Service Animals. <a href="https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals">https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals</a>, last updated June 9, 2021.
---------------------------------------------------------------------------

HHS/CDC proposes that airlines be required to confirm prior to
boarding that the dog is scheduled to arrive at an approved U.S.
airport and, if foreign-vaccinated, that the importer has documentation
confirming a reservation at the CDC-registered Animal Care Facility.
This will ensure that CDC and USDA can follow up with airlines more
easily to ensure animals are being properly handled (e.g., not left in
cargo warehouses for prolonged periods of time that endanger the health
of the animal). Additionally, to address concerns relating to the
movement of dogs or cats that are sick or dead upon arrival, HHS/CDC
proposes to require that airlines transport all sick or dead animals
(regardless of vaccination status and country of origin) to a CDC-
registered Animal Care Facility or, under certain conditions, to other
CDC- or USDA-approved veterinary clinic within six hours of arrival.
CDC acknowledges that extraordinary circumstances, such as extreme
weather, may delay the transport of animals beyond the six-hour window.
Under

[[Page 43982]]

such circumstances, CDC will work closely with airlines to address
these rare and unforeseen events while ensuring the safe handling of
animals. CDC also will work with importers who arrive at unapproved
U.S. ports based on circumstances beyond their control (e.g., re-
routing of their flight due to extreme weather). CDC quarantine station
staff are available 24 hours a day to assist streamlined coordination
and processing of dog and cat importation at U.S. ports and provide
coverage for geographic areas beyond the U.S. port in which the CDC
quarantine station is located.
HHS/CDC also proposes establishing requirements for businesses that
wish to become CDC-registered Animal Care Facilities. Requirements
would include a USDA intermediate handlers license and approval by CBP
to act as a CBP-bonded facility with an active Facilities Information
and Resource Management System (FIRMS) code. This will ensure dogs and
cats receive appropriate veterinary care and are housed in a way that
prevents the spread of infectious diseases while protecting the safety
of the animals.
The requirements HHS/CDC is proposing in this NPRM for dog
importation into the United States are summarized below in Table 1.
Since HHS/CDC is not proposing substantial changes to cat importation
requirements, Table 1 does not apply to cats.

Table 1--Summary Table of Proposed Importation Requirements for Dogs Based on Vaccination Status and Country of
Origin
----------------------------------------------------------------------------------------------------------------
Requirements for admission
-------------------------------------------------------------------------------
ISO- compatible Approved U.S.
Age microchip Documentation ports
----------------------------------------------------------------------------------------------------------------
U.S.-Vaccinated Dog from DMRVV At least six months Yes.............. Valid Only U.S. airports
High-Risk Country. of age. Certification of with a CDC
U.S.-issued quarantine
Rabies station.*
Vaccination for
Live Dog Re-entry
into the United
States Form and
CDC Import
Submission Form
receipt.
Foreign-Vaccinated Dog from At least six months Yes.............. Reservation with a Only U.S. airports
DMRVV High-Risk Country. of age. CDC-registered with a CDC
Animal Care quarantine
Facility, CDC station and a CDC-
Import registered Animal
Certification of Care Facility.*
Rabies
Vaccination and
Microchip
Required for Live
Dog Importations
into the United
States Form, CDC
Import Submission
Form receipt,
titer results
from a CDC-
approved
laboratory (dogs
without titer
results will be
required to
quarantine).
Dog from Rabies-Free or DMRVV At least six months Yes.............. There are no All U.S. ports.
Low-Risk Country. of age **. vaccination
requirements,
however, written
documentation
that the dog has
resided or
otherwise been
only in a DMRVV
low-risk or
rabies-free
country for the
six months prior
to the attempted
entry and CDC
Import Submission
Form receipt.
U.S.- or Foreign-Vaccinated Dog At least six months Yes.............. CDC Dog Import Only U.S. airports
from DMRVV-Restricted Country. of age. Permit for with a CDC
limited groups of quarantine
dogs (i.e., station and a CDC-
service animals, registered Animal
government-owned Care Facility.
animals).
----------------------------------------------------------------------------------------------------------------
* Dogs arriving at U.S. land ports that have been in DMRVV high-risk countries within the last six months will
be denied admission. All service dogs entering at U.S. seaports must be six months of age, have an ISO-
compatible microchip, and have a receipt confirming submission of a CDC Import Submission Form. Service dogs
that have been in DMRVV high-risk countries within the last six months may enter the United States at U.S.
seaports if they have either a valid Certification of U.S.-issued Rabies Vaccination for Live Dog Re-entry
into the United States Form or both a valid CDC Import Certification of Rabies Vaccination and Microchip
Required for Live Dog Importations into the United States Form and sufficient and valid titer results from a
CDC-approved laboratory.
** Dogs arriving at U.S. land ports are subject to the six-month minimum age requirement. However, an importer
may import up to three dogs younger than six months of age in a calendar year if the dogs have not been in a
DMRVV high-risk country since birth.

The forms HHS/CDC is proposing be required in this NPRM for dog
importation into the United States are summarized below in Table 2.
Since HHS/CDC is not proposing substantial changes to cat importation
requirements, Table 2 does not apply to cats.

Table 2--Summary Table of Proposed Forms Required From Importers of Dogs Based on Vaccination Status and Country of Origin
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dog from rabies-free or U.S.-vaccinated dog from Foreign-vaccinated dog from U.S.-vaccinated dog from
Form DMRVV low-risk country DMRVV high-risk country DMRVV high-risk country DMRVV-restricted country
--------------------------------------------------------------------------------------------------------------------------------------------------------
CDC Import Submission Form.......... Required................... Required................... Required................... Required.
Certification of U.S.-issued Rabies Not Required............... Required................... N/A........................ Required.
Vaccination for Live Dog Re-entry
into the United States Form.
CDC Import Certification of Rabies Not Required............... N/A........................ Required................... N/A.
Vaccination and Microchip Required
for Live Dog Importations into the
United States Form.
Application for Special Exemption Not Required............... Not Required............... Not Required............... Required.
for a Permitted Dog Import Form.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Importers of foreign-vaccinated dogs from DMRVV high-risk countries will also be required to provide additional information to the CDC-registered
Animal Care Facilities to make a reservation for their dog prior to arrival in the United States.

The documentation HHS/CDC is proposing in this NPRM be presented at
the U.S. port upon arrival for dog importation into the United States
is summarized below in Table 3. Since HHS/CDC is not proposing
substantial changes to cat importation requirements, Table 3 does not
apply to cats.

[[Page 43983]]

Table 3--Summary Table of Proposed Required Documentation To Be Presented at U.S. Port Upon Arrival for Dogs Based on Vaccination Status and Country of
Origin
--------------------------------------------------------------------------------------------------------------------------------------------------------
Documentation to be presented at Dog from rabies-free or U.S.-vaccinated dog from Foreign-vaccinated dog from U.S.-vaccinated dog from
U.S. port upon arrival DMRVV low-risk country DMRVV high-risk country DMRVV high-risk country DMRVV-restricted country
--------------------------------------------------------------------------------------------------------------------------------------------------------
CDC Import Submission Form Receipt.. Required................... Required................... Required................... Required.
Written documentation that the Required................... N/A........................ N/A........................ N/A.
animal has resided or otherwise
been only in a rabies-free or DMRVV
low-risk country for the six months
prior to the attempted entry.
Certification of U.S.-issued Rabies Not Required............... Required................... N/A........................ Not Required.
Vaccination for Live Dog Re-entry
into the United States Form.
Reservation with a CDC-registered Not Required............... Not Required............... Required................... May be required.
Animal Care Facility.
CDC Dog Import Permit............... N/A........................ N/A........................ N/A........................ Required.
--------------------------------------------------------------------------------------------------------------------------------------------------------

C. Costs and Benefits

CDC conducted an analysis to estimate the distributions of costs
and benefits that may be incurred if a final rule is published in the
future with the requirements proposed in this NPRM. The provisions of
this NPRM (if finalized as proposed) are not likely to have an effect
on the economy of $200 million or more in any one year, although there
is considerable uncertainty around the number of dogs imported at
baseline, including the number of dogs imported from DMRVV high-risk
countries. HHS/CDC is soliciting public comment on costs to importers,
airlines and other carriers, and State and local health departments of
the proposed requirements in this NPRM to improve the accuracy of cost
and benefit estimates for a future final rule.
The provisions of this NPRM (if finalized as proposed) will address
the market inefficiency in which dog importers do not account for the
potential detrimental impacts to public health that may result from the
importation of ill dogs, especially dogs infected with DMRVV. Federal
regulation is necessary to mitigate the risk of importing infected
dogs. Federal action allows risks to be addressed prior to dogs'
arrival in the United States and for dogs to be evaluated,
revaccinated, and possibly quarantined (if required) in controlled
conditions after their arrival in the United States. The regulatory
changes proposed in this NPRM (if finalized as proposed) are expected
to affect the following categories of interested parties and
implementing partners:
<bullet> Importers of dogs from countries that are DMRVV-free or
are low risk for DMRVV;
<bullet> Importers of dogs from countries that are at high risk of
DMRVV;
<bullet> Airlines and other carriers;
<bullet> CBP;
<bullet> CDC;
<bullet> USDA; and
<bullet> State and local public health and animal health
departments.
The changes proposed in the NPRM incorporate different requirements
for dogs imported from DMRVV high-risk countries than those imported
from DMRVV-free or DMRVV low-risk countries. The annualized and present
value estimates of monetized costs and benefits over the 10-year period
from 2023 through 2032 using three percent and seven percent discount
rates are summarized below. The annualized, monetized costs (2020 USD)
of the provisions in the NPRM (if finalized as proposed) are estimated
to be $29 million (range: $7.7 to $87 million) using a three percent
discount rate; the estimated monetized costs using a seven percent
discount rate are largely the same.
Most monetized costs are expected to be incurred by importers (84
percent of costs is the most likely estimate). The estimated monetized
costs are about 3.8 times greater for importers of dogs from DMRVV
high-risk countries compared to importers of dogs from DMRVV-free or
low-risk countries. The provisions proposed in the NPRM estimated to
result in the greatest increase in costs for importers of dogs are
those associated with the veterinary examination and revaccination
against rabies at a CDC-registered Animal Care Facility for foreign-
vaccinated dogs from DMRVV high-risk countries in proposed section
71.51(k), costs for titer testing of foreign-vaccinated dogs from DMRVV
high-risk countries, additional costs associated with the proposed CDC
Import Submission Form requirements and including the information from
the form for all dogs in CDC data systems prior to or upon entry, the
proposed minimum age for imported dogs, and the proposed microchip
requirements for all imported dogs. Other costs include (1) an expected
reduction in the number of dogs imported from DMRVV high-risk
countries, (2) the proposed requirements to arrive at one of 18 U.S.
airports with a CDC quarantine station such that some travelers would
need to arrange their travel plans to arrive at these approved U.S.
airports (required for U.S.-vaccinated dogs arriving from DMRVV high-
risk countries) or a more limited number of U.S. airports with CDC-
registered Animal Care Facilities (required for foreign-vaccinated dogs
arriving from DMRVV high-risk countries) rather than other airports
without CDC staff, and (3) the proposed requirement of obtaining a CDC
Import Certification of Rabies Vaccination and Microchip Required for
Live Dog Importations into the United States Form or a Certification of
U.S.-issued Rabies Vaccination for Live Dog Re-entry into the United
States Form with certification by an Official Government Veterinarian
for all dogs from DMRVV high-risk countries.
Airlines are estimated to absorb about 8.7 percent of the estimated
annualized costs associated with the NPRM (if finalized as proposed).
Most airline costs would result from ensuring that all transported dogs
comply with the new requirements in the NPRM (if finalized as proposed)
and from a small reduction in the number of dogs transported.
CDC is estimated to incur about 6.9 percent of the annualized,
monetized costs (most likely estimate) associated with the provisions
of this NPRM (if finalized as proposed). Most CDC costs would be
associated with the oversight of animal care facilities, which must be
approved by and registered with CDC, and the establishment of a
laboratory proficiency testing program to support serologic testing for
foreign-vaccinated dogs imported from DMRVV high-risk countries. CBP is
expected to incur about 0.5 percent of the annualized costs (most
likely estimate) associated with the provisions of this NPRM (if
finalized as proposed). Most CBP costs would result from training on
the proposed new requirements.
The annualized monetized benefits of the provisions in the NPRM (if
finalized as proposed) are estimated to be about $1.9 million (range:
$0.80 to $4.2 million) using a three percent or seven percent discount
rate. Most benefits would accrue to importers (46 percent of the most
likely estimates) and to CBP

[[Page 43984]]

(41 percent of the most likely estimate). Some of the benefits
estimated for both importers and CBP would result from reduced time
spent on screening dogs from high-risk countries at U.S. ports. The
requirements in the NPRM (if finalized as proposed) are estimated to
reduce the amount of time required to verify admissibility per dog at
U.S. ports because it is assumed that rabies vaccination documentation
will be included in standardized forms for importers of dogs from DMRVV
high-risk countries. The provisions in this NPRM (if finalized as
proposed) are also estimated to reduce the number of dogs arriving ill
or dead and the number of dogs denied entry, with benefits estimated
for importers, airlines, and CDC.
The wide range between the lower-bound and upper-bound cost and
benefit estimates demonstrates that there is considerable uncertainty
in these results. At present, the number of dogs imported into the
United States is neither accurately nor completely tracked by any data
system, and the uncertainty in the cost and benefit estimates reflect
uncertainty in both the total number of dogs imported and the number of
dogs imported from DMRVV high-risk countries, as well as the cost of
the new requirements in the NPRM (if finalized as proposed). The net
annualized, monetized costs (total cost estimate - total benefit
estimate) were estimated to be about $26 million per year (range: $6.9
to $83 million) using a three percent discount rate. The annualized
estimates were relatively unaffected by using a seven percent discount
rate.
The importation of just one dog infected with DMRVV risks
reintroduction of the virus into the United States, which could result
in loss of human and animal life and substantial public health response
costs.22 23 24 The average cost per importation of a single
DMRVV-infected dog is estimated to be $320,000 (range: $220,000 to
$520,000) for conducting public health investigations and administering
rabies PEP to exposed persons. The primary public health benefit of the
provisions in the NPRM (if finalized as proposed) is the reduced risk
that a dog with DMRVV will be imported from a DMRVV high-risk country.
The above estimate of the cost of importation of a dog with DMRVV does
not account for the worst-case outcomes, which include (1) transmission
of rabies to a person who dies from the disease, and (2) ongoing
transmission to other domestic and wildlife species in the United
States. The cost of re-introduction could be especially high if DMRVV
spreads to other species of U.S. wildlife. Re-establishment of DMRVV in
the United States could result in costly efforts over several years to
eliminate the virus again. The costs to contain any reintroduction
would depend on the time period before the reintroduction was realized,
the wildlife species in which DMRVV was transmitted, and the geographic
area over which reintroduction occurs.
---------------------------------------------------------------------------

\22\ Smith J, le Gall F, Stephenson S, et al. People, pathogens
and our planet. The Economics of One Health 2012;2.
\23\ Raybern, C et al. Rabies in a dog imported from Egypt-
Kansas, 2019. MMWR Morb Mort Wkly Rep 2020; 69 (38): 1374-1377.
\24\ Jeon S, Cleaton J, Meltzer M, et al. Determining the post-
elimination level of vaccination needed to prevent re-establishment
of dog rabies. PLoS Neg Trop Dis 2019; 13 (12): e0007869.
---------------------------------------------------------------------------

An increase in human deaths from DMRVV could occur following the
re-introduction of DMRVV to the United States, as the risk of exposure
would increase. Human deaths from rabies continue to occur in the
United States after exposures to wild animals, and there have been
eight deaths among U.S. residents bitten by rabid dogs while traveling
abroad in DMRVV high-risk countries since 2009.\25\ CDC uses the value
of statistical life (VSL) to support quantifying benefits for
interventions that can result in mortality risk reductions. HHS
recommends using a median estimate of $11.6 million and a range of $5.5
to $17.7 million (2020 USD).\26\ CDC is unable to estimate the
potential magnitude of the mortality risk reduction associated with the
proposed rule. Based on the median VSL, averting three human deaths per
year would mean the benefits of the NPRM (if finalized as proposed)
would exceed its costs.
---------------------------------------------------------------------------

\25\ Human Rabies. <a href="https://www.cdc.gov/rabies/location/usa/surveillance/human_rabies.html">https://www.cdc.gov/rabies/location/usa/surveillance/human_rabies.html</a>.
\26\ U.S. Department of Health and Human Services, 2016. Office
of the Assistant Secretary for Planning and Evaluation. Guidelines
for Regulatory Impact Analysis. <a href="https://aspe.hhs.gov/sites/default/files/private/pdf/242926/HHS_RIAGuidance.pdf">https://aspe.hhs.gov/sites/default/files/private/pdf/242926/HHS_RIAGuidance.pdf</a>. Accessed: April 20,
2020.
---------------------------------------------------------------------------

CDC and other Federal government agencies do not know with
precision the number of dogs imported each year or the countries from
which the dogs originate. More comprehensive data on where dogs are
imported from may benefit public health investigations. Arrival data on
animals exposed to a dog with DMRVV on U.S.-bound flights, for example,
would expedite follow-up of exposed dogs in the United States. The lack
of data received from implementing the current regulations also
inhibits the Federal government's ability to target interventions for
dogs imported from specific countries. Of note, the COVID-19 pandemic
weakened rabies control programs in some DMRVV high-risk countries,
increasing the risk that imported dogs may be infected with DMRVV.\27\
The provisions of this NPRM (if finalized as proposed) would be of
particular public health benefit in light of the ongoing resource
concerns for global rabies vaccination campaigns in the wake of the
pandemic.
---------------------------------------------------------------------------

\27\ A Kunkel, Jeon S, Haim, Dilius CJP, Crowdis K, Meltzer MI,
Wallace R (2021) The urgency of resuming disrupted dog rabies
vaccination campaigns: a modeling and cost-effectiveness analysis.
Scientific Reports (2021) 11:12476. <a href="https://doi.org/10.1038/s41598-021-92067-5">https://doi.org/10.1038/s41598-021-92067-5</a>.
---------------------------------------------------------------------------

These data would also benefit agencies such as USDA's Animal and
Plant Health Inspection Service (APHIS), which have an interest in
regulating dog imports with the intent of reducing the risk of
introduction of diseases that may affect U.S. livestock. For example,
in 2021, APHIS issued a Federal Order \28\ that established additional
post-entry requirements on dogs for resale imported from countries with
ongoing African swine fever transmission, which poses a significant
risk to U.S. pork producers.\29\ The potential economic benefits of
reducing the risk of the importation of African swine fever could be
significant; in fact, a recent outbreak in China in 2019 was estimated
to have total economic losses equivalent to 0.78 percent of China's
gross domestic product.\30\ Thus, some of the requirements in this NPRM
(if finalized as proposed) may mitigate the risks of introduction and
transmission of diseases that impact livestock in addition to reducing
the risk of dogs being imported while infected with DMRVV.
---------------------------------------------------------------------------

\28\ USDA/APHIS (2021) Federal Order for Importation of Live
Dogs for Resale from Regions Where African Swine Fever Exists or is
Reasonably Believed to Exist. <a href="https://www.aphis.usda.gov/import_export/downloads/vs-federal-order-asf.pdf">https://www.aphis.usda.gov/import_export/downloads/vs-federal-order-asf.pdf</a> and <a href="https://www.aphis.usda.gov/aphis/newsroom/news/sa_by_date/sa-2021/asf-dog-imports">https://www.aphis.usda.gov/aphis/newsroom/news/sa_by_date/sa-2021/asf-dog-imports</a>. Accessed June 5, 2023.
\29\ Animal and Plant Health Inspection Service (Aug. 4, 2021)
USDA Announces Requirements for Importing Dogs from Countries
Affected with African Swine Fever. <a href="https://www.aphis.usda.gov/aphis/newsroom/news/sa_by_date/sa-2021/asf-dog-imports">https://www.aphis.usda.gov/aphis/newsroom/news/sa_by_date/sa-2021/asf-dog-imports</a>. Accessed: February
5, 2022.
\30\ Shibing You, Tingyi Liu, Miao Zhang, Xue Zhao, Yizhe Dong,
Bi Wu, Yanzhen Wang, Juan Li, Xinjie Wei and Baofeng Shi (2021).
African swine fever outbreaks in China led to gross domestic product
and economic losses. Nature Food; 2: 802-808.
---------------------------------------------------------------------------

II. Public Participation

Interested persons or organizations are invited to participate in
this proposed rulemaking by submitting written views, recommendations,
and

[[Page 43985]]

data on all aspects of the proposed rule notice. Comments received
should reference a specific portion of the notice. Attachments and
other supporting materials are part of the public record and subject to
public disclosure. Submitters should not include any information in
their comments or supporting materials that they consider confidential
or inappropriate for public disclosure. HHS/CDC welcome comments on all
aspects of this proposed rule, including the use of any forms or
information collected and whether proposed requirements should be
modified in any way.
HHS/CDC will carefully review, consider, and address all comments
submitted and may revise the content of the rule as appropriate at the
final rulemaking stage. HHS/CDC will publish a final rule after the
comment period that reflects any content changes made because of
comments received.

III. Background

A. Legal Authority

HHS/CDC has reviewed this rule under Executive Order 12988 on Civil
Justice Reform and determines that this proposed rule meets the
standard in the Executive Order. In this action, HHS/CDC proposes to
revise 42 CFR 71.50 and 71.51.
The primary legal authority supporting this proposed rulemaking is
section 361 of the Public Health Service Act (PHS Act) (42 U.S.C. 264).
Under section 361, the Secretary of HHS (Secretary) may make and
enforce such regulations as in the Secretary's judgment are necessary
to prevent the introduction, transmission, or spread of communicable
diseases from foreign countries into the United States and from one
State or possession into any other State or possession.\31\ It also
authorizes the Secretary to promulgate and enforce a variety of public
health regulations to prevent the spread of communicable diseases,
including through inspection, fumigation, disinfection, sanitation,
pest extermination, destruction of animals or articles found to be
sources of dangerous infection to human beings, and other measures.
Since at least 1956, Federal quarantine regulations (currently found at
42 CFR 71.51) have controlled the entry of dogs and cats into the
United States.\32\
---------------------------------------------------------------------------

\31\ Although the statute assigns authority to the Surgeon
General, all statutory powers and functions of the Surgeon General
were transferred to the Secretary of HHS in 1966, 31 FR 8855, 80
Stat. 1610 (June 25, 1966), see also Public Law 96-88, 509(b),
October 17, 1979, 93 Stat. 695 (codified at 20 U.S.C. 3508(b)). The
Secretary has retained these authorities despite the reestablishment
of the Office of the Surgeon General in 1987.
\32\ See 21 FR 9870 (Dec. 12, 1956).
---------------------------------------------------------------------------

In addition to section 361, other sections of the PHS Act relevant
to this proposed rulemaking are section 362 (42 U.S.C. 265), section
365 (42 U.S.C. 268), section 367 (42 U.S.C. 270), and section 368 (42
U.S.C. 271). Section 362, among other things, authorizes the Secretary
to promulgate regulations prohibiting, in whole or in part, the
introduction of property from foreign countries or places, for such
period of time and as necessary for such purpose, to avert the serious
danger of introducing communicable disease into the United States.
Section 365 provides that it shall be the duty of customs officers and
of Coast Guard officers to aid in the enforcement of quarantine rules
and regulations.\33\ Through this statutory provision, CBP provides
critical assistance in enforcing Federal quarantine regulations at U.S.
ports. Section 367 (42 U.S.C. 270) also authorizes the application of
certain sections of the PHS Act to air navigation and aircraft to such
extent and upon such conditions as deemed necessary for safeguarding
public health and authorizes the promulgation of regulations, including
provisions for penalties and forfeitures for violations.
---------------------------------------------------------------------------

\33\ 42 U.S.C. 268(b). The terms ``officer of the customs'' and
``customs officer'' are defined by statute to mean, ``any officer of
the United States Customs Service of the Treasury Department (also
hereinafter referred to as the ``Customs Service'') or any
commissioned, warrant, or petty officer of the Coast Guard, or any
agent or other person, including foreign law enforcement officers,
authorized by law or designated by the Secretary of the Treasury to
perform any duties of an officer of the Customs Service.'' 19 U.S.C.
1401(i). Although this provision refers to the Secretary of the
Treasury, the Homeland Security Act transferred to the Secretary of
Homeland Security all ``the functions, personnel, assets, and
liabilities of . . . the United States Customs Service of the
Department of the Treasury, including the functions of the Secretary
of the Treasury relating thereto . . . [,]'' 6 U.S.C. 203(1), such
that reference to the Secretary of the Treasury should be read to
reference the Secretary of Homeland Security.
---------------------------------------------------------------------------

Section 368 of the PHS Act provides that any person who violates
regulations implementing sections 361 or 362 is subject to imprisonment
of not more than one year, a fine, or both. Pursuant to 18 U.S.C. 3559
and 3571, an individual may face a fine of up to $100,000 for a
violation not resulting in death and up to $250,000 for a violation
resulting in death. Under section 368, HHS/CDC may refer violators to
the U.S. Department of Justice for criminal prosecution. HHS/CDC does
not have independent authority under section 368 to impose criminal
fines or imprison violators.
Through this NPRM, HHS/CDC proposes new language advising
individuals and organizations that it may request that DHS/CBP take
additional action pursuant to 19 U.S.C. 1592 and 19 U.S.C. 1595a.
Specifically, CDC may request that DHS/CBP issue additional fines,
citations, or penalties to importers or carriers whenever the CDC
Director (Director) has reason to believe that an importer or carrier
has violated any of the provisions of this section or otherwise engaged
in conduct contrary to law. HHS/CDC stresses that it does not
administer Title 19, and decisions regarding whether to issue such
fines, citations, or other penalties would be entirely at the
discretion of DHS/CBP and subject to its policies and procedures.
Notwithstanding, HHS/CDC believes it important to include this language
to advise individuals and organizations that it may request that DHS/
CBP pursue such actions.
Through this NPRM, HHS/CDC further clarifies that there is no
agency policy of using the ``least restrictive means'' (as that concept
is typically understood and applied in cases involving interests
protected by the U.S. Constitution) in regard to animal importations
under 42 CFR part 71. ``The Due Process Clause of the Fourteenth
Amendment imposes procedural constraints on governmental decisions that
deprive individuals of liberty or property interests.'' Nozzi v. Hous.
Auth. of City of Los Angeles, 806 F.3d 1178, 1190 (9th Cir. 2015).
However, ``[d]ue process protections extend only to deprivations of
protected interests.'' Shinault v. Hawks, 782 F.3d 1053, 1057 (9th Cir.
2015). Because individuals have no protected property or liberty
interest in importing dogs or other animals into the United States, it
is HHS/CDC's policy to not employ a constitutional analysis of ``least
restrictive means'' in regard to animal imports under 42 CFR part 71.
See Ganadera Ind. v. Block, 727 F.2d 1156, 1160 (D.C. Cir. 1984) (``no
constitutionally-protected right to import into the United States'');
see also Arjay Assoc. v. Bush, 891 F.2d. 894, 896 (Fed. Cir. 1989)
(``It is beyond cavil that no one has a constitutional right to conduct
foreign commerce in products excluded by Congress.''). Members of the
public are invited to comment regarding this clarification to HHS/CDC's
animal import policy.

B. Historical Background

Rabies is one of the deadliest zoonotic diseases and accounts for
an estimated 59,000 human deaths globally each

[[Page 43986]]

year.\34\ Over 98 percent of those deaths are due to DMRVV.\35\ The
rabies virus can infect any mammal and, once clinical signs appear, the
disease is almost always fatal.\36\ In September 2007, at the Inaugural
World Rabies Day Symposium, HHS/CDC declared the United States to be
free of DMRVV.\37\ While bat rabies lyssaviruses and multiple
terrestrial variants of rabies continue circulating in wildlife species
(e.g., fox, raccoon, and skunk) in the United States, the country has
been free of DMRVV since 2007 and focuses its regulatory efforts on
preventing the reintroduction of this rabies virus variant. The close
relationship between dogs and people means there is a direct public
health risk to individuals that interact with inadequately vaccinated
dogs imported from countries at high risk of DMRVV. One of CDC's
principal goals is to prevent the reintroduction and spread of DMRVV in
the United States.
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\34\ World Health Organization (2018). WHO Expert Consultation
on Rabies (WHO Technical Report Series 1012). Retrieved from <a href="https://www.who.int/publications/i/item/WHO-TRS-1012">https://www.who.int/publications/i/item/WHO-TRS-1012</a>.
\35\ Hampson K, Coudeville L, Lembo T, et al.; Global Alliance
for Rabies Control Partners for Rabies Prevention. Estimating the
global burden of endemic canine rabies. PLoS Negl Trop Dis
2015;9:e0003709. <a href="https://doi.org/10.1371/journal.pntd.0003709">https://doi.org/10.1371/journal.pntd.0003709</a>.
\36\ Fooks, A.R., Banyard, A.C., Horton, D.L., Johnson, N.,
McElhinney, L.M., and Jackson, A.C. (2014) Current status of rabies
and prospects for elimination. Lancet, 384(9951), 1389-1399. doi:
10.1016/S0140-6736(13)62707-5.
\37\ Velasco-Villa, A., Mauldin, M., Shi, M., Escobar, L.,
Gallardo-Romero, N., Damon, I., Emerson, G. (2017) The history of
rabies in the Western Hemisphere. Antiviral Res, 146, 221-232.
doi:10.1016/j.antiviral.2017.03.013.
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DMRVV is still a serious public health threat in the more than 100
countries where it remains enzootic.\38\ DMRVV has been highly
successful at adapting to new host species, particularly wildlife, that
can further transmit the virus.\39\ Although the U.S. Government does
not precisely track the total number of dogs imported each year, CDC
previously estimated that approximately 1 million dogs are imported
into the United States annually, of which 100,000 dogs are from DMRVV
high-risk countries.\40\ This estimate was based on information
provided by airlines, CBP, and a public health study conducted at a
U.S.-Mexico land border crossing.\41\
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\38\ Hampson K, Coudeville L, Lembo T, et al.; Global Alliance
for Rabies Control Partners for Rabies Prevention. Estimating the
global burden of endemic canine rabies. PLoS Negl Trop Dis
2015;9:e0003709. <a href="https://doi.org/10.1371/journal.pntd.0003709">https://doi.org/10.1371/journal.pntd.0003709</a>.
\39\ Velasco-Villa A, Mauldin MR, Shi M, et al. The history of
rabies in the Western Hemisphere. Antiviral Res. 2017;146:221-232.
doi:10.1016/j.antiviral.2017.03.013.
\40\ HHS/CDC. Guidance Regarding Agency Interpretation of
``Rabies-Free'' as It Relates to the Importation of Dogs Into the
United States. 84 FR 724,724-730 (Jan. 31, 2019).
\41\ McQuiston, J.H., et al., Importation of dogs into the
United States: risks from rabies and other zoonotic diseases.
Zoonoses Public Health, 2008. 55(8-10): p. 421-6.
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Preventing the entry of animals infected with DMRVV into the United
States is a public health priority. When it is discovered that a rabid
dog has been imported into the United States, a multi-agency response
is required. This can involve CDC, USDA, CBP, State and local health
departments and animal health officials, and veterinarians in the local
community. Local, State, and Federal government agencies primarily
incur the costs of investigation, testing, and response efforts. Since
2015 there have been four known rabid dogs imported into the United
States. Each of the dogs was imported by a different animal rescue
organization for the purposes of U.S. adoption. These four cases,
discussed in detail below, highlight the vast amount of public health
resources that are required to investigate, respond to, and mitigate
the public health threat posed by the importation of a rabid dog.
In 2015, a rabid dog was part of a group of eight dogs and 27 cats
imported from Egypt by an animal rescue group. The dog had an unhealed
leg fracture and began showing signs of rabies four days after arrival.
Following the DMRVV diagnosis, animal rescue workers in Egypt admitted
that the dog's rabies vaccination documentation had been intentionally
falsified to evade CDC entry requirements.\42\ As a result of this
single importation, public health officials recommended that 18 people
receive rabies PEP, seven dogs underwent a six-month quarantine, and
eight additional dogs housed in the same home as the rabid dog had to
receive rabies booster vaccinations and undergo a 45-day monitoring
period.\43\
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\42\ Sinclair JR, Wallace RM, Gruszynski K, et al. Rabies in a
dog imported from Egypt with a falsified rabies vaccination
certificate--Virginia, 2015. MMWR Morb Mort Wkly Rep 2015;64:1359-
62. <a href="https://doi.org/10.15585/mmwr.mm6449a2">https://doi.org/10.15585/mmwr.mm6449a2</a>.
\43\ Quarantine periods for animals exposed to rabies can vary
between 30 days to six months based on several factors, including
vaccination history, serologic titers or prospective serologic
monitoring results, or jurisdictional requirements.
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In 2017, a flight parent imported four dogs from Egypt on behalf of
an animal rescue organization. One of the dogs appeared agitated and
bit the flight parent prior to the flight. A U.S. veterinarian examined
the dog one day after its arrival and then euthanized and tested the
dog for rabies. A post-mortem rabies test showed that the dog was
positive for DMRVV.\44\ Public health officials recommended that at
least four people receive rabies PEP, and the remaining three dogs
underwent quarantine periods ranging from 30 days to six months. An
investigation revealed the possibility of falsified rabies vaccination
documentation presented on entry to the United States.\45\
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\44\ The diagnosis of rabies requires laboratory confirmation on
the basis of a positive result for the direct fluorescent antibody
test performed on CNS tissue collected post-mortem. National
Association of State Public Health Veterinarians. Compendium of
animal rabies prevention and control, 2016. JAVMA 2016; 248 (5):505-
517.
\45\ Hercules Y, Bryant NJ, Wallace RM, et al. Rabies in a dog
imported from Egypt--Connecticut, 2017. MMWR Morb Mort Wkly Rep
2018; 67:1388-91. <a href="https://doi.org/10.15585/mmwr.mm6750a3">https://doi.org/10.15585/mmwr.mm6750a3</a>.
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Another example in 2019 involved 26 dogs that were imported into
the United States from Egypt by a rescue organization. All dogs had
rabies vaccination documentation and serologic documentation indicating
the presence of rabies antibodies in response to immunization, based on
results from an Egyptian government-affiliated rabies laboratory.
However, one dog developed signs of rabies three weeks after arrival
and, when euthanized, tested positive for DMRVV. The resulting public
health investigation raised suspicions that the rabies vaccination
documents and serological test results were falsified for all 26 dogs
in the shipment because 18 dogs in the shipment lacked serologic
evidence of vaccination when re-tested in the United States. Due to
this event, 44 people were required to receive PEP and the 25 other
dogs imported on the same flight underwent re-vaccination and
quarantines that ranged from four to six months. The rabid dog had been
released into an individual's home because of its false paperwork and
subsequently had contact with an additional 12 dogs, all of which had
to be revaccinated and undergo quarantine periods ranging from 45 days
to six months.\46\ The public health investigations and administration
of rabies PEP to exposed persons in this case cost more than $400,000
in state resources.47 48 As a result of the rabid dog
importations that occurred in 2015, 2017, and 2019, CDC issued a
temporary suspension for dogs entering the United States from
Egypt.49 50
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\46\ Raybern, C et al. Rabies in a dog imported from Egypt--
Kansas, 2019. MMWR Morb Mort Wkly Rep 2020; 69 (38): 1374-1377.
\47\ Id.
\48\ Centers for Disease Control and Prevention (2022). Rabies
Postexposure Prophylaxis. Retrieved from <a href="https://www.cdc.gov/rabies/medical_care/index.html">https://www.cdc.gov/rabies/medical_care/index.html</a>.
\49\ 84 FR 20628 (May 10, 2019).
\50\ CDC implemented this suspension because of the lack of
veterinary controls available in Egypt to prevent the exportation of
rabid dogs. With limited exceptions, CDC began requiring a CDC Dog
Import Permit and documentation of the dog's rabies serologic tests
from World Organisation for Animal Health (WOAH)-approved
laboratories for eligible importers. Since these permit and
serologic test requirements were implemented, no rabid dogs have
been imported from Egypt.

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[[Page 43987]]

In June 2021, 33 dogs and one cat were imported into the United
States from Azerbaijan by an animal rescue organization. All dogs had
rabies vaccination documents that appeared valid upon arrival in the
United States. Three days after arrival, one dog developed signs of
rabies and was euthanized. CDC confirmed the dog was infected with
DMRVV known to circulate in the Caucasus Mountains region of
Azerbaijan. The remaining rescue animals exposed to the rabid dog
during travel were quickly dispersed across nine states, leading to
what is believed to be the largest, multi-state, imported rabid dog
investigation in U.S. history.\51\ Eighteen people received PEP to
prevent rabies because of exposure to the rabid dog. CDC performed the
test known as the ``Prospective Serologic Monitoring'' test on the
remaining dogs and the public health investigation revealed that
improper vaccination practices by the veterinarian in Azerbaijan likely
contributed to the inadequate vaccination response documented in 48
percent of the imported animals, including the rabid dog.\52\ The 33
exposed animals were revaccinated and placed in quarantine for periods
ranging from 45 days to six months.\53\
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\51\ Whitehill F, Bonaparte S, Hartloge C, et al. Rabies in a
Dog Imported from Azerbaijan--Pennsylvania, 2021. MMWR Morb Mortal
Wkly Rep 2022; 71: 686-689.
\52\ Centers for Disease Control and Prevention (2021). CDC
responds to a case of rabies in an imported dog. Retrieved from
<a href="https://www.cdc.gov/worldrabiesday/disease-detectives/rabies-imported-dog.html">https://www.cdc.gov/worldrabiesday/disease-detectives/rabies-imported-dog.html</a>.
\53\ Whitehill F, Bonaparte S, Hartloge C, et al. Rabies in a
Dog Imported from Azerbaijan--Pennsylvania, 2021. MMWR Morb Mort
Wkly Rep 2022; 71: 686-689.
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CDC estimates a range of costs for public health investigations and
subsequent cost of care for people exposed to rabid dogs to be between
$220,00 and $520,000 per importation event, as summarized in Section
VI.54 55 This cost estimate does not include the cost to
evaluate, vaccinate, test, and quarantine exposed animals. This cost
estimate also does not account for the worst-case outcomes, which
include: (1) transmission of rabies to a person who dies from the
disease; and (2) ongoing transmission to other domestic and wildlife
species in the United States.
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\54\ Raybern, C et al. Rabies in a dog imported from Egypt-
Kansas, 2019. MMWR Morb Mort Wkly Rep 2020; 69 (38): 1374-1377.
\55\ CDC. Guidance Regarding Agency Interpretation of ``Rabies-
Free'' as It Relates to the Importation of Dogs Into the United
States. 84 FR 724 (Jan. 31, 2019).
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DMRVV becoming re-established in the United States would result in
costly efforts over several years to eliminate the virus again. The
extraordinary cost of re-introduction of DMRVV is demonstrated by an
instance of reintroduction that occurred in Texas, where DMRVV had been
previously eliminated. The reintroduction resulted in several human
deaths; the subsequent re-elimination of DMRVV cost $60 million (in
2022 USD) and required over 10 years of effort.56 57
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\56\ Thomas, S., Wilson, P., Moore, G., Oertli, E., Hicks, B.,
Rohde, R., Johnston, D. (2005). Evaluation of oral rabies
vaccination programs for control of rabies epizootics in coyotes and
gray foxes: 1995-2003. Journal of the American Veterinary Medicine
Association, 227(5),785-92. doi: 10.2460/javma.2005.227.785.
\57\ Sterner, R., Meltzer, M., Shwiff, S., Slate, D. (2009).
Tactics and Economics of Wildlife Oral Rabies Vaccination, Canada
and the United States. Emerging Infectious Diseases, 15(8), 1176-
1184. doi: 10.3201/eid1508.081061.
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Historically, approximately 60 to 70 percent of CDC's dog entry
denials (or about 200 cases annually) have been based on fraudulent,
incomplete, or inaccurate paperwork.\58\ However, between January 2020
and July 2021 (i.e., during the COVID-19 pandemic, prior to the
temporary suspension), CDC documented more than 1,000 instances of
incomplete, inadequate, or fraudulent rabies vaccination certificates
for dogs arriving from DMRVV high-risk countries.\59\ These cases
resulted in dogs being denied entry into the United States and
ultimately returned to their country of origin.
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\58\ Centers for Disease Control and Prevention (2021).
Quarantine Activity Reporting System (version 4.9.8.8.2.2A). Dog
Importation data, 2010-2019. Accessed 1 October 2022.
\59\ Pieracci, E., Williams, C., Wallace, R., Kalapura, C.,
Brown, C. U.S. dog importations during the COVID-19 pandemic: Do we
have an erupting problem? PLoS ONE,16(9), e0254287. doi: 10.1371/
journal.pone.0254287.
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The significant increase in the number of dogs from DMRVV high-risk
countries arriving with incomplete, inadequate, or fraudulent rabies
vaccination documentation observed in 2020 and 2021 coincided with
increased interest in purchasing dogs from the international rescues
and breeders during the COVID-19 pandemic.60 61 62 Since
2021, the demand for puppies and rescue dogs has remained high. The
trend in purchasing and rescuing dogs from abroad has been noted in
many countries, including the United States.63 64 65 66
Internationally, there has been significant growth within the companion
animal breeding industry with increasing international trade.\67\
Multiple international and U.S. investigations have identified
importations of puppies that were too young to meet rabies vaccination
requirements.68 69 70 71 In addition, there is growing
evidence that criminal networks are becoming involved in the lucrative
dog trade, and the illegal puppy trade was reported to have increased
during the pandemic.72 73 74

[[Page 43988]]

Because imported dogs will typically encounter multiple people, pets,
and other animals throughout their journey--beginning at the airport in
the country of departure and continuing with the airline, through the
U.S. port, and pet adoption and pet socialization process--an increase
in inadequately vaccinated dogs likewise increases the risk of human
and animal exposure.\75\
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\60\ Id.
\61\ Wynne E. Dog lovers find prices rise steeply amid COVID-
fueled demand. Australian Broadcasting Corporation News. May 20,
2021.
\62\ Morgan L, Protopopova A, Birkler RID, Itin-Shwatz B, Sutton
G, Gamliel A, et al. Human-dog relationships during the COVID-19
pandemic: booming dog adoption during social isolation. Humanities
and Social Science Communications. 2021; 7(150): 1-11.
\63\ Pieracci, E., Williams, C., Wallace, R., Kalapura, C.,
Brown, C. U.S. dog importations during the COVID-19 pandemic: Do we
have an erupting problem? PLoS ONE,16(9), e0254287. doi: 10.1371/
journal.pone.0254287.
\64\ Wynne E. Dog lovers find prices rise steeply amid COVID-
fueled demand. Australian Broadcasting Corporation News. May 20,
2021.
\65\ Morgan L, Protopopova A, Birkler RID, Itin-Shwatz B, Sutton
G, Gamliel A, et al. Human-dog relationships during the COVID-19
pandemic: booming dog adoption during social isolation. Humanities
and Social Science Communications. 2021; 7(150): 1-11.
\66\ Velez M. I adopted my dog Cannoli from overseas. It's
easier than you think. 9/20/2020. Available at: <a href="https://www.thedailybeast.com/i-adopted-my-dog-cannoli-from-overseas-its-easier-than-you-think">https://www.thedailybeast.com/i-adopted-my-dog-cannoli-from-overseas-its-easier-than-you-think</a>.
\67\ Maher J, Wyatt T. European illegal puppy trade and
organized crime. Trends in Organized Crime. 2021; 24(4) 506-525.
\68\ Pieracci, E., Williams, C., Wallace, R., Kalapura, C.,
Brown, C. U.S. dog importations during the COVID-19 pandemic: Do we
have an erupting problem? PLoS ONE,16(9), e0254287. doi: 10.1371/
journal.pone.0254287.
\69\ Zucca P, Rossman MC, Osorio JE, Karem K, De Benedictis P,
Haifsl J, et al. The `bio-crime model' of cross-border cooperation
among veterinary public health, justice, law enforcements, and
customs to tackle the illegal animal trade/bio-terrorism and to
prevent the spread of zoonotic diseases among human population.
Frontiers in Veterinary Science. 2020; 7: 1-13.
\70\ Cocchi M, Danesi P, DeZan G, Leati M, Gagliazzo L, et al. A
three-year biocrime sanitary surveillance on illegally imported
companion animals. Pathogens. 2021; 10(80):1-12.
\71\ Houle MK. Perspective from the field: Illegal puppy imports
uncovered at JFK airport. 2017. Available at: <a href="http://www.cdc.gov/ncezid/dgmq/feature-stories/operation-dog-catcher.html">www.cdc.gov/ncezid/dgmq/feature-stories/operation-dog-catcher.html</a>.
\72\ Maher J, Wyatt T. Rural-urban dynamics in the UK illegal
puppy trade: trafficking and trade in man's best friend.
International Journal of Rural Law and Policy. 2019; 9 (2): 1-20.
\73\ Zucca P, Rossman MC, Osorio JE, Karem K, De Benedictis P,
Haifsl J, et al. The `bio-crime model' of cross-border cooperation
among veterinary public health, justice, law enforcements, and
customs to tackle the illegal animal trade/bio-terrorism and to
prevent the spread of zoonotic diseases among human population.
Frontiers in Veterinary Science. 2020; 7: 1-13.
\74\ British Broadcasting Corporation. Illegal puppy trade
warning as sales boom during the COVID pandemic. 18 NOV 2020.
British Broadcasting Corporation News.
\75\ Centers for Disease Control and Prevention. Quarantine
Activity Reporting System (version 4.9.8.8.2.2A). Dog importation
data, 2018-2020. Accessed: February 15, 2021.
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Temporary Suspension of the Importation of Dogs From DMRVV High-Risk
Countries
In light of these concerns, on June 16, 2021, CDC announced a
temporary suspension of the importation of dogs from DMRVV high-risk
countries to protect the public's health. The temporary suspension was
issued because public health resources were being diverted to the
response to the COVID-19 pandemic, which limited the availability of
resources to respond to dog importation issues. This diversion of
resources coincided with the documented increase in fraudulent vaccine
documentation and importers circumventing dog import regulations. To
address these concerns, CDC developed a framework for dog importation
requiring importers to apply for special permission to import a dog
into the United States. Importers were required to submit an
Application for Special Exemption for a Permitted Dog Import form \76\
and obtain a CDC Dog Import Permit prior to importing a dog into the
United States. To obtain a permit, an importer had to demonstrate that
the dog was at least six months old, had a microchip, had proof of
rabies vaccination, and had obtained a serologic titer test from a CDC-
approved laboratory if the dog was vaccinated outside the United
States.
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\76\ Approved under OMB Control Number 0920-1383 Importation
Regulations (42 CFR 71 Subpart F) (exp. 1/31/2026, or as revised).
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From July 14, 2021, to June 9, 2022, CDC issued CDC Dog Import
Permits on a limited basis, for persons permanently relocating to the
United States, importers of government-owned working dogs, or owners of
service animals \77\ to alleviate the potential burden of the temporary
suspension for these categories of importers. On December 1, 2021,
consistent with public health standards of practice, CDC eased some of
the temporary suspension restrictions. CDC allowed dogs six months of
age or older that were microchipped and accompanied by valid U.S. RVCs
to re-enter the United States without a CDC Dog Import Permit. Because
these dogs were vaccinated in the United States, CDC determined that
allowing them to enter without a CDC Dog Import Permit would be
unlikely to endanger the public's health. To provide additional
resources for importers of foreign-vaccinated dogs, CDC expanded the
number of approved rabies serologic testing laboratories from five to
60 laboratories.\78\ CDC also reduced the wait time following
collection of a serologic sample to permit dogs to be eligible to enter
the United States after only 45 days, rather than the previous 90-day
waiting period. In addition, based on data from the latter part of 2021
showing a significant decrease in the arrival of ill dogs and dogs
being denied entry, CDC allowed imported dogs from DMRVV high-risk
countries to enter through any of the 18 U.S. airports with a CDC
quarantine station.79 80
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\77\ A service dog must meet the definition of a ``service
animal'' under 14 CFR 382.3, be accompanied by an ``individual with
a disability'' as defined under 14 CFR 382.3, and work or perform
tasks directly related to that individual's disability.
\78\ List of CDC-approved labs can be found at <a href="http://www.cdc.gov/importation/bringing-an-animal-into-the-United-States/approved-labs.html">www.cdc.gov/importation/bringing-an-animal-into-the-United-States/approved-labs.html</a>.
\79\ List of U.S. ports with a CDC quarantine station available
at: <a href="http://www.cdc.gov/quarantine/quarantinestationcontactlistfull.html">www.cdc.gov/quarantine/quarantinestationcontactlistfull.html</a>.
\80\ At the time the Federal Register announcing the temporary
suspension was published, dogs imported from high-risk countries
were only allowed to enter the United States through the one port of
entry with an animal care facility. However, CDC's review of dog
importation data from July 14-November 30, 2021, noted a significant
decrease in the arrival of ill dogs and dogs denied entry, reducing
the need for dogs to enter only through U.S. ports with an animal
care facility.
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Even with the temporary suspension in place, CDC documented
multiple instances of importers attempting to circumvent entry
requirements by using fraudulent rabies vaccination documents that had
been fabricated to make them appear as if they had been issued in the
United States. CDC also documented instances of importers presenting
fraudulent rabies vaccination documents purporting to be from DMRVV-
free countries to import young puppies from DMRVV high-risk countries
into the United States, presumably for resale. These factors highlight
the need for rabies vaccination documentation to be standardized for
all dogs arriving from DMRVV high-risk countries to reduce the
likelihood of falsified documentation in the future.
On June 1, 2022, CDC announced that effective June 10, 2022, it
would modify and extend the temporary suspension through January 31,
2023.\81\ The suspension was extended based on the continued risk of
the reintroduction of DMRVV into the United States and the ongoing need
to commit global public health resources towards the COVID-19 pandemic.
Between the temporary suspension going into effect on July 14, 2021,
and June 1, 2022, CDC documented a decrease in dog importation issues
that existed prior to the suspension (e.g., the number of suspected
fraudulent rabies vaccination documents, the number of dogs that were
sick or dead upon arrival). CDC's ability to track and monitor dog
imports from DMRVV high-risk countries also improved during this
timeframe. For these reasons, CDC modified the terms of the temporary
suspension to allow more dog imports into the United States by a wider
range of importers building upon the requirements that had already been
in place and had been successful in reducing dog importation issues. On
February 1, 2023, CDC extended the temporary suspension without
modifications through July 31, 2023, because of a continued risk of
reintroduction of DMRVV due to insufficient veterinary controls in
DMRVV high-risk countries to prevent the export of inadequately
vaccinated dogs and veterinary supply chain and workforce capacity
shortages that have persisted since the global COVID-19 pandemic.\82\
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\81\ Notice of Extension and Modification of Temporary
Suspension of Dogs Entering the United States From High-Risk Rabies
Countries. 87 FR 33158 (June 1, 2022).
\82\ 88 FR 5348 (Jan. 27, 2023).
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[[Page 43989]]

observed in recent years by establishing a regulatory framework based
on the documented successes of the temporary suspension. In addition,
the requirements and standards proposed in the rule would help ensure
the health and safety of imported animals while also protecting the
public's health and preventing the reintroduction of DMRVV into the
United States.
There are numerous challenges associated with reviewing rabies
vaccination documentation from around the world, including the lack of
a standardized rabies vaccination documents, different required
elements on a rabies vaccination documents, differences in who can
vaccinate and issue rabies vaccination documents, and limited to no
accountability for unlicensed or unauthorized vaccinators. CDC has
documented numerous instances of fraudulent or erroneous paperwork for
dogs based on various factors. These include:
<bullet> Dogs that were younger than the age indicated on their
rabies vaccination paperwork (based on dental examination by U.S.
veterinarians);
<bullet> Differences between the breed, sex, color, or microchip
number listed on the rabies vaccination documents and the dog presented
for admission;
<bullet> Suspicious veterinary stamps and inconsistent signatures
across veterinary paperwork;
<bullet> Inconsistent dates of rabies vaccination between different
veterinary documents; and
<bullet> Vaccines administered after the expiration date of the
vaccine lot.
The international public health community has recognized that
rabies vaccination documentation alone is no longer sufficient to
ensure adequate protection against rabies.83 84 Numerous
DMRVV-free countries, including Australia, New Zealand, and European
Union member states, already require a two-step verification of rabies
vaccination status for dogs imported from DMRVV high-risk countries
(when direct importation is allowed), by which a valid RVC and proof of
adequate rabies serologic test are required for importation. The
international standard is to capture any required information for
movement of animals via an ``import (movement) certificate.'' Import
certificates can be standardized, which helps to ensure all required
information is included and the information is verified by an Official
Government Veterinarian in the exporting country prior to the animal's
shipment to the United States. Implementing the use of standardized
import certificates, which have long been used for the international
movement of animals and are well understood by foreign governments,
would enhance compliance with CDC entry requirements and ensure that
follow-up with the exporting country can occur if import violations are
noted.\85\
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\83\ World Organisation for Animal Health. Terrestrial Code
Online Access--WOAH--World Organisation for Animal Health, Chapter
2.1.17 and 8.14. <a href="https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/?id=169&L=1&htmfile=chapitre_certif_rabies.htm">https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/?id=169&L=1&htmfile=chapitre_certif_rabies.htm</a>.
\84\ World Health Organization. Expert Consultation on Rabies,
Third Report. Geneva, Switzerland. 2018.
\85\ <a href="https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/iregs-for-animal-exports/ct_iregs_animal_exports_home">https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/iregs-for-animal-exports/ct_iregs_animal_exports_home</a>.
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In addition to issues with fraudulent or incomplete rabies
vaccination documents, CDC has observed in recent years a number of
practices that raised concerns relating to how airlines transport and
house animals. Some airlines have chosen to leave dogs denied admission
or pending determination of admissibility in cargo warehouses, which
can create an unsafe environment for workers exposed to dogs with
zoonotic diseases (such as rabies, brucellosis, leptospirosis, and
numerous intestinal or external parasites). Workers also risk bites,
scratches, and other injuries, as they are not trained to handle live
animals and are required to feed, water, and provide breaks or cage
cleaning for the animals in accordance with USDA Animal Welfare Act
standards. As a result, many animals are left in crates for extended
periods of time without immediate supervision while warehouse workers
conduct routine duties. These conditions are often unsafe for dogs due
to the prolonged periods of time between flights, inadequate cooling
and heating, non-compliant cleaning and sanitization of crates, and the
inability to physically separate the animals from areas of the
warehouse where other equipment, machinery, and goods are used and
stored.
CDC has documented numerous instances of dogs housed under
inadequate conditions while in the care of airlines. For example,
during the COVID-19 pandemic, fewer international flights worldwide
86 87 resulted in delayed returns for dogs denied admission
to the United States. In August 2020, a dog died in the custody of an
airline at Chicago O'Hare International Airport after CDC denied
admission to a group of dogs based on falsified rabies vaccination
documentation. Despite CDC's request to find appropriate housing at a
local kennel or veterinary clinic, the airline left 18 dogs in a cargo
warehouse without food and water for more than 48 hours contributing to
the death of one dog.\88\ In March 2023, a dog arrived at a U.S airport
without a CDC-registered Animal Care Facility. The dog was later found
dead in the airline's cargo warehouse.\89\
---------------------------------------------------------------------------

\86\ <a href="https://www.cnbc.com/2020/04/02/coronavirus-update-american-airlines-cuts-summer-international-flights-by-60percent-as-demand-suffers.html">https://www.cnbc.com/2020/04/02/coronavirus-update-american-airlines-cuts-summer-international-flights-by-60percent-as-demand-suffers.html</a>.
\87\ <a href="https://news.aa.com/news/news-details/2020/American-Airlines-Announces-Additional-Schedule-Changes-in-Response-to-Customer-Demand-Related-to-COVID-19-031420-OPS-DIS-03/default.aspx">https://news.aa.com/news/news-details/2020/American-Airlines-Announces-Additional-Schedule-Changes-in-Response-to-Customer-Demand-Related-to-COVID-19-031420-OPS-DIS-03/default.aspx</a>.
\88\ <a href="https://www.cbsnews.com/chicago/news/dog-dies-at-ohare-airport-warehouse-17-others-saved-after-being-left-without-food-or-water-for-3-days/">https://www.cbsnews.com/chicago/news/dog-dies-at-ohare-airport-warehouse-17-others-saved-after-being-left-without-food-or-water-for-3-days/</a>.
\89\ Centers for Disease Control and Prevention. Quarantine
Activity Reporting System. March 2023.
---------------------------------------------------------------------------

Because there are insufficient numbers of animal care facilities
with a USDA intermediate handlers license and a CBP-issued FIRMS code
available to house dogs that are denied admission, CDC worked with
USDA, CBP, and local businesses to identify and approve five new animal
care facilities in 2021 and 2022 as part of the strategic shift towards
safer importation controls. As of June 1, 2023, there are five CDC-
registered Animal Care Facilities with a USDA intermediate handlers
license and a FIRMS code issued by CBP. The five facilities are located
at Atlanta Hartsfield-Jackson International Airport, John F. Kennedy
International Airport (New York), Los Angeles International Airport,
Miami International Airport, and Washington Dulles International
Airport (Washington DC Metropolitan Area).
While airlines are ultimately responsible for finding appropriate
housing for dogs denied admission, the inadequate number of facilities
with a CBP-issued FIRMS code and USDA intermediate handlers license for
holding and providing care for live animals creates significant
administrative and financial burdens for Federal, State, and local
governments. To address these concerns, this NPRM proposes that if a
CDC-registered Animal Care Facility with a CBP-issued FIRMS code and
USDA intermediate handlers license is not available to hold a dog while
the U.S. Government determines admissibility, the airline that has
transported the dog would be required to, at a minimum, arrange
transfer of the animal to a veterinary clinic or kennel that meets USDA
Animal Welfare Act standards \90\ and is approved by CDC.
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\90\ U.S. Department of Agriculture. Animal Welfare Regulations;
Part 3, Subpart A: Transportation Standards. Sections 3.14-3.20.
July 2020. Available at: <a href="https://www.aphis.usda.gov/animal_welfare/downloads/AC_BlueBook_AWA_508_comp_version.pdf">https://www.aphis.usda.gov/animal_welfare/downloads/AC_BlueBook_AWA_508_comp_version.pdf</a>.

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[[Page 43990]]

While costs associated with housing, caring for dogs, and returning
dogs are the responsibility of the importer (or airline if the importer
abandons the dog), some importers and airlines have been reluctant to
pay these costs, requiring the Federal government to find appropriate
interim housing facilities, and veterinary care. The cost to house,
care for, and return inadequately vaccinated dogs ranges between $1,000
and $4,000 per dog, depending on the location and time required until
the next available return flight. The Federal government has been
required to find individualized solutions to ensure appropriate
accommodations for prolonged periods of time for these animals pending
return to their countries of departure and has been left to bear the
costs for such housing, care, and return of dogs when airlines and
importers have not. The increasing demand to vaccinate and quarantine
dogs that have been denied admission presents an increasing burden to
Federal, State, and local public health agencies.91 92 The
increased need for inspections, veterinary medical care, and
appropriate quarantine of dogs inadequately vaccinated against rabies
has financially burdened Federal and State agencies while also putting
the public's health at risk.
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\91\ Pieracci EG, Maskery B, Stauffer K, Gertz A, Brown C. Risk
factors for death and illness in dogs imported into the United
States, 2010-2018. Transbound Emerg Dis 2022. DOI: 10.1111/
tbed.14510.
\92\ Pieracci EG, Williams CE, Wallace RM, Kalapura CR, Brown CM
(2021) U.S. dog importations during the COVID-19 pandemic: Do we
have an erupting problem? PLoS ONE 16(9): e0254287. <a href="https://doi.org/10.1371/journal.pone.0254287">https://doi.org/10.1371/journal.pone.0254287</a>.
---------------------------------------------------------------------------

Additionally, an increasing number of dogs being imported do not
meet age requirements of multiple agencies. CDC has noted that 61
percent (890/1463) of dogs denied admission and 46 percent of ill or
dead dogs arriving in the United States from 2019 to 2021 were under
six months of age. During the first six months of 2021, CDC
investigated 35 instances of sick or dead puppies under six months of
age. CDC has also documented an increase in fraudulent rabies
vaccination documentation from importers claiming the dogs were over
four months of age.\93\ Many of these dogs were imported into the
United States for resale or adoption. USDA requires any dog entering
the United States for resale or adoption to be six months of age;
however, many importers claim the animals as personal pets to avoid the
age requirement because younger dogs may be sold for more money.\94\
This has led to multiple instances where young puppies, some as young
as six weeks of age, were transported in violation of the Animal
Welfare Act, which requires dogs to be at least eight weeks of age to
be eligible to fly, in an attempt to circumvent the entry requirements
of multiple agencies. Updated and standardized vaccination information
collection and minimum age requirements will help address these issues.
---------------------------------------------------------------------------

\93\ Pieracci, EG; Williams, CE; Wallace, RM; Kalapura, CR;
Brown CM. U.S. dog importations during the COVID-19 pandemic: Do we
have an erupting problem? PLoS ONE 2021;16 (9): e0254287.
\94\ Id.
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The requirements proposed in this NPRM, if adopted, would also help
address public health concerns regarding sick or dead animals being
imported to the United States. If an animal arrives in the United
States and appears ill or is dead, a public health investigation is
required to ensure the ill or dead animal does not present a public
health threat. The overall health of an animal can play a significant
role in whether it can maintain core body functions (i.e., body
temperature regulation and glucose levels) during prolonged flights.
Stressed, malnourished, and young animals are more likely to become ill
and can transmit communicable diseases that can affect humans;
95 96 therefore, safety and welfare concerns for the
transport of dogs have a public health impact that requires a degree of
oversight from public health agencies to ensure human and animal health
is protected.\97\ Additionally, diagnostic testing or necropsy of ill
or dead animals, respectively, is critical to understand the underlying
cause of illness or death and ensure the animals do not pose a public
health risk.
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\95\ Galanis E et al. Brucellosis and other diseases imported
with dogs. BCMJ 2019; 61 (4): 177-190. Available at: <a href="https://bcmj.org/bccdc/brucellosis-and-other-diseases-imported-dogs">https://bcmj.org/bccdc/brucellosis-and-other-diseases-imported-dogs</a>.
\96\ Denstedt E. Echinococcus multilocularis as an emerging
public health threat in Canada: A knowledge synthesis and needs
assessment. Accessed: 28 February 2019. Available at: www.ncceh.ca/
sites/default/files/Guelph-Denstedt-2017.pdf.
\97\ Pieracci EG, Maskery B, Stauffer K, Gertz A, Brown C. Risk
factors for death and illness in dogs imported into the United
States, 2010-2018. Transbound Emerg Dis 2022. DOI: 10.1111/
tbed.14510.
---------------------------------------------------------------------------

The creation of standards for CDC-registered Animal Care
Facilities; the requirement that all foreign-vaccinated dogs be
examined, vaccinated, and quarantined (when applicable) at one of these
facilities prior to entry into the United States; and the prevention
measures in this proposed rule will mitigate the need for future
broadly applied suspensions and help ensure the health and safety of
imported animals while also serving to protect public health and
prevent the reintroduction of DMRVV into the United States.

C. Current Process

Currently, per regulation at 42 CFR 71.51(c), there is no standard
form used to capture rabies vaccination information. However, importers
must present valid RVCs which must include all of the following
information to be valid:
<bullet> Identifies a dog on the basis of breed, sex, age, color,
markings, and other identifying information.
<bullet> Specifies a date of rabies vaccination at least 30 days
before the date of arrival of the dog at a U.S. port.
<bullet> Specifies a date of expiration 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.
<bullet> Bears the signature of a licensed veterinarian.
Upon the dog's arrival in the United States, Federal officials
examine the RVC and ensure the description of the dog listed on the
paperwork matches the dog presented. For a rabies vaccine to be
effective, the dog must be at least 12 weeks (84 days) of age at the
time of administration. A dog's initial vaccine must also be
administered at least four weeks (28 days) before arrival in the United
States.
Under HHS/CDC's regulatory authority, dogs arriving from DMRVV
high-risk countries without appropriate RVCs are denied admission and
returned to the country of departure on the next available flight.\98\
CDC currently recommends that airlines house dogs awaiting return to
their country of departure at a USDA-accredited facility that meets the
USDA's Animal Welfare Act standards during transit. However, these
facilities are often cargo warehouses that are not equipped to house
live animals for more than several hours.
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\98\ Guidance Regarding Agency Interpretation of ``Rabies-Free''
as it Relates to the Importation of Dogs into the United States, 84
FR 724 (Jan. 31, 2019).
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The transportation, care, and payment for sick or dead animals are
highly variable and depend on whether the animal is suspected of having
rabies. Ideally, local veterinarians are consulted

[[Page 43991]]

immediately to provide care for sick animals; however, importers and
owners frequently refuse to pay for the care of sick animals resulting
in confusion and delayed care for often critically ill animals. When
owners have refused to pay for the care of their sick animals, the
responsibility has been transferred to the airline that transported the
animals into the United States, but some airlines have been reluctant
to pay costs associated with the care and housing of animals. While
State health departments and CDC will test blood samples free of charge
when rabies is suspected, in some instances, CDC has been left to cover
the costs of animal care.
HHS/CDC believes that clarifying the regulatory requirements
delineating importer and carrier responsibilities would streamline the
animal importation process and help ensure sick animals receive timely
veterinary care upon arrival in the United States if needed. We welcome
input from the public on all proposals contained herein.

IV. Summary of Proposed Changes

Proposed Changes to 71.50

Section 71.50(b) contains definitions applicable to animal
importations under subpart F of 42 CFR part 71. The definitions
contained in paragraph (b) are of general scientific applicability and
thus would apply to different animal imports, not just dogs and cats.
HHS/CDC proposes adding the following definitions to 42 CFR 71.50(b):
Authorized Veterinarian, histopathology, in-transit shipments,
microchip, necropsy, Official Government Veterinarian.
Authorized Veterinarian means an individual who has obtained both
an advanced degree and valid license and is authorized to practice
animal medicine in the exporting country.
Histopathology means the study of changes in animal tissue caused
by disease.
In-Transit Shipment means a cargo shipment originating in a foreign
country that is moved through one or more U.S. ports while transiting
through the United States to a third-country destination.
Microchip means an implanted radio-frequency device placed under
the skin of an animal that contains a unique identification tag that
meets the International Standards Organization (ISO) compatibility
through ISO 11784 or ISO 11785, or similar technologies as approved by
the Director.
Necropsy means an animal autopsy in which the cause of death may be
determined through the examination and collection of tissues, organs,
or bodily fluids post-mortem.
Official Government Veterinarian means a veterinarian who performs
work on behalf of an exporting country's government and can verify the
license or credentials of an Authorized Veterinarian.
HHS/CDC also proposes adding a new subsection at 42 CFR 71.50(c)
addressing the legal severability of provisions found in 42 CFR part 71
Subpart F--Importations. Because the provisions relating to
importations under Subpart F are designed to protect the public's
health from various zoonotic disease threats, HHS/CDC intends that
these provisions have maximum legal effect. Accordingly, HHS/CDC
proposes adding language that in the event any provision of this
subpart is held by a reviewing court of law to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, that the provision be construed so as to continue to give
the maximum effect to the provision permitted by law. If a reviewing
court should hold that a provision is utterly invalid or unenforceable,
then HHS/CDC intends that the provision be severable from Subpart F and
not affect the remainder or the application of the provision to persons
not similarly situated or to dissimilar circumstances. HHS/CDC seeks
public comment regarding this and other proposed changes to 71.50.

Proposed Changes to 71.51

(a) Definitions.
Section 71.51(a) contains definitions specifically applicable to
importations of dogs and cats under this section. Among other things,
HHS/CDC proposes definitions for animal, CDC-registered Animal Care
Facility, CDC Import Submission Form, conditional release, confinement,
DMRVV-free countries, DMRVV high-risk countries, DMRVV low-risk
countries, DMRVV-restricted countries, importer, SAFE TraQ, serologic
testing, USDA-Accredited Veterinarian, and USDA Official Veterinarian.
Some of these definitions were previously published in guidance.\99\
---------------------------------------------------------------------------

\99\ CDC. Guidance Regarding Agency Interpretation of ``Rabies-
Free'' as It Relates to the Importation of Dogs Into the United
States. 84 FR 724 (Jan. 31, 2019).
---------------------------------------------------------------------------

Animal means all domestic cats (Felis catus) or domestic dogs
(Canis familiaris).
CDC-registered Animal Care Facility means a facility registered by
CDC for the purpose of providing veterinary care and housing to animals
imported into the United States.
CDC Import Submission Form means an OMB-approved declaration \100\
submitted to CDC through an online portal that includes the importer's
name and contact information; description of the dog, including
microchip number, current photographs of the dog's face and body;
purpose of importation; travel information, including dates of
departure and arrival, country of departure, countries visited in the
past six months, and U.S. port of entry; and other information as
described in CDC technical instructions. A receipt confirming
successful submission of this form must accompany all dogs departing
foreign locations for travel to the United States. For dogs departing
from airports overseas with a U.S. final destination, the responsible
airline must confirm the receipt prior to dogs being loaded onto
departing aircraft.
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\100\ Current OMB approval no. 0920-1383 (exp. 1/31/26).
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Conditional release, when applied to a dog or cat, means the
temporary release of a dog or cat from the custody of a carrier into
the care of a licensed veterinarian approved by CDC for the purpose of
receiving emergency medical care or a public health evaluation, pending
removal of the dog or cat from the United States. Dogs and cats must be
returned immediately to the carrier's custody upon the conclusion of
such medical care or evaluation for removal from the United States.
Confinement, when applied to a dog or cat, means restriction to a
building or other enclosure at a U.S. port or other location approved
by CDC, including en route to a destination, in isolation from other
dogs and cats, and from persons except for contact necessary for its
care. If the animal is allowed out of the enclosure, it must be muzzled
and kept on a leash.
DMRVV-free countries means countries assessed by CDC based on
internationally accepted standards as not having DMRVV present.
DMRVV low-risk countries means countries assessed by CDC as low
risk for DMRVV transmission based on factors such as the virus being
limited to a localized area, adequacy of surveillance and dog
vaccination programs to prevent further geographic distribution of the
virus, and the virus being in a controlled status with the country or
countries heading toward eventual DMRVV-free status.
DMRVV high-risk countries means countries assessed by CDC as high
risk for DMRVV transmission based on factors such as the presence and

[[Page 43992]]

geographic distribution of the virus or low quality of or low
confidence in rabies surveillance systems or dog vaccination programs.
DMRVV-restricted countries means countries for which the export of
dogs into the United States has been prohibited or otherwise restricted
based on the countries' export of dogs infected with DMRVV to any other
countries within a period determined by CDC or based on evidence of
lacking adequate controls, as determined by CDC, to monitor and prevent
the export of dogs to the United States with falsified or fraudulent
vaccine credentials, invalid rabies vaccination forms, or other
fraudulent, inaccurate, or invalid importation documents.
Importer of dogs or cats means any person importing or attempting
to import a dog or cat into the United States, including the animal's
legal owner or a person acting on behalf of the importer, such as a
broker licensed with CBP. Individuals compensated or hired to transport
animals on behalf of the importer must have a valid USDA license or
registration. CDC believes that requiring that individuals who are
compensated or hired to transport animals have a valid USDA license or
registration pursuant to the Animal Welfare Act would help deter
fraudulent conduct.
HHS/CDC is also providing a new definition for what constitutes
proof of rabies vaccination. These definitions are needed to provide
clarity regarding HHS/CDC's proposed admission requirements.
CDC Import Certification of Rabies Vaccination and Microchip
Required for Live Dog Importations into the United States Form means
the OMB-approved form \101\ that must be: (1) completed by an
Authorized Veterinarian in the exporting country, which may include an
Official Government Veterinarian in the exporting country; and (2)
reviewed and certified by an Official Government Veterinarian in the
exporting country attesting that the information listed is true and
correct.
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\101\ OMB approval no. 0920-1383 (exp. 1/31/26).
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Certification of U.S.-issued Rabies Vaccination for Live Dog Re-
entry into the United States Form means the OMB-approved form \102\
that must be completed by a USDA-Accredited Veterinarian and certified
by a USDA Official Veterinarian prior to exporting a dog from the
United States in order to demonstrate compliance with admissibility
requirements upon returning to the United States.
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\102\ OMB approval no. 0579-0020, 0036, 0048, 0101, 0156, 0278,
0432.
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SAFE TraQ means the System for Animal Facilities Electronic
Tracking of Quarantine or other system as approved by the Director for
tracking the quarantine of animals approved for admission into the
United States.
Serologic Testing, when applied to an imported animal, means an
antibody titration test performed by a CDC-approved rabies laboratory
using a CDC-approved technique. The serology sample must be drawn and
submitted in accordance with CDC technical instructions. The current
list of CDC-approved laboratories is available online.
USDA-Accredited Veterinarian is defined in 9 CFR 160.1 and is an
Accredited Veterinarian who has completed formal training from the
National Veterinary Accreditation Program in the State in which they
are licensed to practice as a veterinarian.
USDA Official Veterinarian is a USDA/APHIS veterinarian who is
assigned by the USDA Administrator to supervise and perform official
work of APHIS in a State or group of states.
(b) Authorized U.S. airports for dogs and cats.
Dogs from DMRVV-free or DMRVV low-risk countries that have not been
in any DMRVV high-risk country within the last six months and all cats
may continue to enter through any U.S. port. CDC does not currently
have any restrictions on the U.S. ports for dogs arriving in the United
States from DMRVV high-risk countries. Through this NPRM, HHS/CDC
proposes that if a U.S.-vaccinated dog has been in a DMRVV high-risk
country in the previous six months, the dog must arrive at an airport
with a CDC quarantine station. The importer would also be required to
have a USDA-Accredited Veterinarian complete the Certification of U.S.-
Issued Rabies Vaccination For Live Dog Re-entry into the United States
Form and present this form to the airline prior to boarding. All
foreign-vaccinated dogs that have been in a DMRVV high-risk country in
the previous six months would be required to enter the United States at
a U.S. airport with a CDC quarantine station and a CDC-registered
Animal Care Facility. The importer would also be required to have an
Authorized Veterinarian complete the CDC Import Certification of Rabies
Vaccination and Microchip Required for Live Dog Importations into the
United States Form and present this form to the airline prior to
boarding.
This requirement that dogs from DMRVV high-risk countries arrive at
specified airports is being proposed to ensure dogs can be evaluated by
CDC quarantine station staff or a USDA-Accredited Veterinarian upon
arrival to confirm they have all required documentation for admission
and do not appear ill. Visual examinations of animals may be conducted
by CDC quarantine station staff to look for overt signs of illness
(i.e., vomiting, diarrhea, bleeding, seizures, or ocular or nasal
discharge). Animals showing signs of illness will not be released for
entry until a USDA-Accredited Veterinarian completes a physical exam
and administers a USDA-licensed rabies vaccine (if applicable). As of
June 1, 2023, five U.S. airports have CDC-registered Animal Care
Facilities. The CDC-registered Animal Care Facilities will help to
ensure animals that arrive ill, or must be detained, will be held in a
facility that meets CDC requirements, USDA Animal Welfare Act
Standards,\103\ and maintains an active CBP FIRMS code. This
requirement would further help ensure that facilities have staff who
are properly trained to provide food, water, shelter, and veterinary
care to animals if needed. CDC will continue to register live-animal
care facilities at the remaining 13 U.S. airports with CDC quarantine
stations to protect the health and safety of airline and warehouse
staff, as well as the health and safety of animals arriving in the
United States at these ports.
---------------------------------------------------------------------------

\103\ 7 U.S.C. 2148.
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(c) Authorized U.S. land ports for dogs and cats.
HHS/CDC is not proposing any changes to the authorized U.S. land
ports for dogs arriving to the United States from DMRVV low-risk or
DMRVV-free countries that have not been in a DMRVV high-risk country
within the last six months. There are also no proposed changes for
cats; cats may continue to enter through any U.S. port, including land
ports. CDC is proposing to prohibit entry into the United States
through any U.S. land port for dogs that have been in a DMRVV high-risk
country within the last six months. There are no CDC-registered Animal
Care Facilities along the U.S-Mexico and U.S.-Canada borders that can
safely house or quarantine dogs arriving from DMRVV high-risk
countries. Additionally, local and State animal and public health
authorities do not have capacity on a routine basis to house and
quarantine dogs arriving from DMRVV high-risk countries without
additional burdens being placed on local public health resources.

[[Page 43993]]

(d) Authorized U.S. seaports for dogs and cats.
HHS/CDC is not proposing any changes to the authorized U.S.
seaports for dogs arriving to the United States from DMRVV low-risk or
DMRVV-free countries that have not been in any DMRVV high-risk country
within the last six months. There are also no proposed changes for
cats; cats may continue to enter through any U.S. port, including
seaports. HHS/CDC is proposing to prohibit entry into the United States
through any U.S. seaport for dogs that have been in a DMRVV high-risk
country within the last six months. There are no CDC-registered Animal
Care Facilities at U.S. seaports that can safely house or quarantine
dogs arriving from DMRVV high-risk countries. Additionally, local and
State animal and public health authorities do not have capacity on a
routine basis to house and quarantine dogs arriving from DMRVV high-
risk countries without additional burdens being placed on local public
health resources.
However, HHS/CDC is proposing an exception for dogs meeting the
definition of a ``service animal'' under 14 CFR 382.3 that have been in
a DMRVV high-risk country within the last six months. HHS/CDC would
permit entry if the dog is accompanied by an ``individual with a
disability'' as defined under 14 CFR 382.3 and the dog does work or
performs tasks that are directly related to the individual's
disability. CDC believes this exception would apply to a small number
of individuals who require that their service dog accompany them on
cruise ships with U.S. destination ports. The dog must be otherwise
admissible under this section and would be allowed entry if:
1. The dog was vaccinated against rabies in the United States and
is accompanied by a valid Certification of U.S.-issued Rabies
Vaccination for Live Dog Re-entry into the United States Form; or
2. The dog was vaccinated against rabies in a foreign country and
is accompanied by both a valid foreign-issued CDC Import Certification
of Rabies Vaccination and Microchip Required for Live Dog Importations
into the United States Form and a valid serologic titer from a CDC-
approved laboratory.
(e) Limitation on U.S. ports for dogs and cats.
HHS/CDC is proposing to explicitly authorize the Director to limit
the times, U.S. ports, and/or conditions under which dogs or cats may
arrive at and be admitted to the United States based on an importer's
or carrier's failure to comply with the provisions of this section or
as needed to protect the public's health. If the Director determines
such a limitation is required, the Director will notify importers or
carriers in writing of the specific times, U.S. ports, and/or
conditions under which dogs and cats may be permitted to arrive at and
be admitted to the United States.
(f) Age requirement for all dogs.
Through this NPRM, HHS/CDC proposes that all dogs arriving into the
United States (regardless of whether from DMRVV-free, DMRVV low-risk,
or DMRVV high-risk countries) be, at minimum, six months of age. HHS/
CDC currently requires dogs to be at least four months of age to enter
the United States if arriving from a DMRVV high-risk country because
this is the age at which a dog can be considered adequately vaccinated
for rabies. Verification of a dog's age is made via dental examination,
with dogs six months of age or older being easily identified by the
presence of adult incisors and canine teeth. HHS/CDC is proposing to
require imported dogs be at least six months of age, which would allow
veterinarians to more easily estimate the ages of young dogs to ensure
adequate DMRVV vaccination.
The proposed requirement that all dogs arriving into the United
States be at least six months of age will align with USDA/APHIS Animal
Care requirements for the importation of dogs that are being imported
for rescue or resale and will help ensure pet dogs can be safely
transported without risk to their health and welfare. HHS/CDC is
proposing as an exception to allow an importer to import a maximum of
three personal pet dogs under six months of age in a calendar year if
arriving via a U.S. land port from Canada or Mexico if the dog has not
been in a DMRVV high-risk country in the previous six months.
Based on communication with Federal partner agencies and data in
CDC's quarantine activity reporting system, persons importing three or
more dogs in a calendar year are less likely to be doing so in
connection with their personal pet ownership and more likely to be
associated with commercial importations of animals, including importers
attempting to circumvent HHS/CDC entry requirements by transporting
dogs from DMRVV high-risk countries through Canada and Mexico for
resale or adoption in the United States. Therefore, HHS/CDC proposes
this age requirement to protect public health, as well as the health
and safety of young puppies being purchased and sold internationally.
(g) Microchip requirements for all dogs.
HHS/CDC does not currently require a microchip for importation of
dogs into the United States. Requiring a microchip for all dogs would
help ensure that veterinary paperwork and animal identification can be
verified. It will also align with the admission requirements of other
DMRVV-free countries and bring the United States into international
alignment with the World Organisation for Animal Health (WOAH)
standards that all dogs have permanent identification or marking for
international movement.\104\ HHS/CDC proposes to require that all dogs
have an Individual Standards Organization (ISO)-compliant microchip
prior to arrival in the United States or prior to traveling out of the
United States and returning.
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\104\ World Organisation for Animal Health. Terrestrial Code
Online Access--WOAH--World Organisation for Animal Health: <a href="https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/?id=169&L=1&htmfile=chapitre_certif_rabies.htm">https://www.woah.org/en/what-we-do/standards/codes-and-manuals/terrestrial-code-online-access/?id=169&L=1&htmfile=chapitre_certif_rabies.htm</a>.
---------------------------------------------------------------------------

(h) CDC Import Submission Form for all dogs.
CDC and Federal partners have documented numerous instances of
importers moving dogs from DMRVV high-risk countries through DMRVV low-
risk country to circumvent U.S. dog entry
requirements.105 106 HHS/CDC proposes requiring that
importers submit a CDC Import Submission Form via a CDC-approved system
for each imported dog to help mitigate the risk of importers presenting
dogs from DMRVV high-risk countries at U.S. ports that have traveled
through DMRVV low-risk countries for short periods of time (less than
six months) and do not meet CDC entry requirements. The CDC Import
Submission Form must be submitted to CDC prior to a dog's departure
from the foreign country.
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\105\ The importer of the rabid dog into the United States in
2019 first flew into Canada before crossing a land border into the
United States. See Raybern, C et al. Rabies in a dog imported from
Egypt-Kansas, 2019. MMWR Morb Mort Wkly Rep 2020; 69 (38): 1374-
1377.
\106\ Centers for Disease Control and Prevention. Quarantine
Activity Reporting System (version 4.9.8.8.2.2A). Dog importation
data, 2018-2020. Accessed: February 15, 2021.
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(i) Inspection requirements for admission of dogs and cats.
HHS/CDC currently requires that all dogs and cats arriving in the
United States be inspected to ensure they appear healthy. While the
requirement for inspection of dogs and cats is not new, HHS/CDC
proposes clarifying that dogs and cats may be denied admission if an
importer refuses to consent to the required screening. HHS/CDC believes
that this additional clarification is

[[Page 43994]]

needed because of numerous documented instances of confusion among
importers and some carriers regarding CDC's ability to mandate a public
health evaluation of a dog or cat prior to admission. Additionally, CDC
may coordinate with other federal and state partners to engage in
routine disease surveillance of animals arriving in the United States.
(j) Examination by a USDA-Accredited Veterinarian and confinement
of exposed dogs and cats or those that appear unhealthy.
HHS/CDC currently requires examination by a veterinarian and
confinement if, upon examination, a dog or cat appears unhealthy upon
arrival, and such measures are needed to protect the public's health.
While the requirement for examination and confinement are not new, this
proposed provision is primarily intended to require airlines to assume
responsibility for housing and caring for dogs and cats that arrive
sick in the event the importer abandons the shipment. CDC has
documented numerous instances of sick animals not receiving care in a
timely manner and animals denied admission being left by airlines in
unacceptable housing conditions.
HHS/CDC proposes, in the event a dog or cat arrives ill, is denied
admission, or is exposed to a sick animal in transit,107 108
that the airline arrange for confinement in a CDC-approved veterinary
clinic and that the importer bears the expenses of such confinement,
examination, testing, and treatment. If an importer fails to pay for
such expenses, then the animal may be considered abandoned, and the
airline will be required to assume financial responsibility. This
provision is needed to help ensure airlines assume responsibility for
sick or exposed dogs and cats and that such animals do not remain in
unsafe conditions for prolonged periods of time (e.g., longer than six
hours). The proposed rule further clarifies an airline's
responsibilities in the event an importer abandons a dog or cat. This
provision may also be applied to other carriers transporting dogs and
cats in the rare circumstances where it is necessary for public health
reasons to require that the carrier arrange for examination and
confinement.
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\107\ National Association of State Public Health Veterinarians.
Compendium of animal rabies prevention and control, 2016. JAVMA
2016; 248 (5):505-517.
\108\ Manning SE, Rupprecht CE, Fishbein D, et al. Human rabies
prevention--United States, 2008: recommendations of the Advisory
Committee on Immunization Practices. MMWR Recomm Rep 2008;57(RR-
3):1-28.
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(k) Veterinary examination and revaccination against rabies at a
CDC-registered Animal Care Facility for foreign-vaccinated dogs.
HHS/CDC proposes to require all dogs arriving from DMRVV high-risk
countries without a valid Certification of U.S.-Issued Rabies
Vaccination for Live Dog Re-entry into the United States Form to have a
valid CDC Import Certification of Rabies Vaccination and Microchip
Required for Live Dog Importations into the United States Form and
undergo veterinary examination and revaccination against rabies at a
CDC-registered Animal Care Facility upon arrival.
The importer would be responsible for making a reservation and all
arrangements relating to the examination, revaccination, and quarantine
(if quarantine is required) of dogs with a CDC-registered Animal Care
Facility prior to the dogs' arrival in the United States. Airlines must
deny boarding to dogs if the importer fails to present a receipt of the
completed CDC Import Certification of Rabies Vaccination and Microchip
Required for Live Dog Importations into the United States Form. The
costs of examination, vaccination, and quarantine (if required) would
be borne by the importer and not the United States Government. Animals
that are abandoned before meeting requirements outlined below become
the legal responsibility of the airline.
HHS/CDC proposes that the dogs remain in the custody of a CDC-
registered Animal Care Facility until all of the following requirements
are met:
(i) Veterinary health examination by a USDA-Accredited Veterinarian
for signs of disease. Suspected or confirmed zoonotic or foreign animal
diseases would be required to be reported to CDC, USDA, the State or
County Public Health Veterinarian, and the State Veterinarian prior to
release of the animals.
(ii) Vaccination against rabies with a USDA-licensed rabies vaccine
and administered by a USDA-Accredited Veterinarian.
(iii) Confirmation of microchip number.
(iv) Confirmation of age through dental examination by a USDA-
Accredited Veterinarian.
(v) Verification of adequate rabies serologic test from a CDC-
approved laboratory. To be considered valid, serologic tests must be
drawn prior to arrival within an established timeframe and display
results within parameters as specified in CDC technical
instructions.\109\ Currently, this means that serologic tests must be
drawn 45 to 365 days before arrival and have a result greater than or
equal to 0.5 IU/mL. Dogs that arrive without an adequate rabies
serologic test results from a CDC-approved laboratory would be housed
at the CDC-registered Animal Care Facility for a 28-day quarantine
following administration of the U.S. rabies vaccine or until an
adequate rabies serologic test from a CDC-approved laboratory is
confirmed.
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\109\ CDC Technical Instructions will be posted to CDC's website
(<a href="http://www.cdc.gov/dogtravel">www.cdc.gov/dogtravel</a>) upon publication of the final rule.
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(l) Registration or renewal of CDC-registered Animal Care
Facilities.
Through this NPRM, HHS/CDC proposes to establish a registration
mechanism for CDC-registered Animal Care Facilities used in the
importation of foreign-vaccinated dogs arriving in the United States
from DMRVV high-risk countries. Before housing any imported live dog in
the United States, an animal care facility would be required to
register with and receive written approval from CDC, USDA, and CBP to
submit their facility application. The applicant would need to provide
written standard operating procedures outlining how CDC's regulatory
requirements will be met and the health and safety of animals and staff
will be ensured. A copy of all Federal, State, or local registrations,
licenses, or permits would also be required to be submitted to CDC.
Additionally, CDC would require the facility to have a USDA
intermediate handlers license and a FIRMS code issued by CBP. The
facility would be subject to inspection by CDC at least annually and
required to renew their registration every two years. Animal health
records, facilities, vehicles, or equipment to be used in receiving,
examining, and processing imported animals would also be subject to
inspection.
(m) Record-keeping requirements at CDC-registered Animal Care
Facilities.
HHS/CDC proposes to require that any CDC-registered Animal Care
Facilities retain records regarding each imported animal for three
years after the distribution or transfer of the animal. Each record
must include:
(i) The bill of lading for each shipment;
(ii) The name, address, phone number, and email address of the
importer and owner (if different from the importer);
(iii) The number of animals in each shipment;
(iv) The identity of each animal in each shipment, including name,

[[Page 43995]]

microchip number, date of birth, sex, breed, and coloring;
(v) The airline, flight number, date of arrival, and port of each
shipment; and
(vi) Veterinary medical records for each animal, including:
(a) CDC Import Certification of Rabies Vaccination and Microchip
Required for Live Dog Importations into the United States Form and
rabies serology obtained before arrival in the United States (if
applicable);
(b) The USDA-licensed rabies vaccine administered upon arrival;
(c) Veterinary exam records upon arrival and while in quarantine;
(d) Rabies serology performed while in quarantine in the United
States (if applicable); and
(e) All diagnostic test, histopathology and necropsy results
performed during quarantine (if applicable).
The facility would be required to maintain these records
electronically and allow CDC to inspect the records.
(n) Worker protection plan and personal protective equipment (PPE).
HHS/CDC proposes to require that a CDC-registered Animal Care
Facility establish and maintain a worker protection plan with standards
comparable to those in CDC's National Institute for Occupational Safety
and Health (NIOSH) Veterinary Safety and Health guidelines \110\ and
the National Association of Public Health Veterinarians (NASPHV)
Compendium of Veterinary Standard Precautions for Zoonotic Disease
Prevention in Veterinary Personnel.\111\ Such a worker protection plan
must include rabies pre-exposure prophylaxis for workers handling
imported animals in quarantine, post-exposure procedures that provide
potentially exposed workers with direct and rapid access to a medical
consultant, and procedures for documenting the frequency of worker
training, including for those working in the quarantine area. As part
of the worker protection plan, a facility would also need to establish,
implement, and maintain hazard evaluation and worker communication
procedures that include descriptions of the known zoonotic disease and
injury hazards associated with handling animals, the need for PPE when
handling animals and training in the proper use of PPE, and procedures
for disinfection of garments, supplies, equipment, and waste.
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\110\ <a href="https://www.cdc.gov/niosh/topics/veterinary/biological.html">https://www.cdc.gov/niosh/topics/veterinary/biological.html</a>.
\111\ <a href="http://www.nasphv.org/Documents/VeterinaryStandardPrecautions.pdf">http://www.nasphv.org/Documents/VeterinaryStandardPrecautions.pdf</a>.
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(o) CDC-registered Animal Care Facility standard operating
procedures, requirements, and equipment standards for crating, caging,
and transporting live animals.
HHS/CDC proposes to outline equipment standards for crating,
caging, and transporting live animals for CDC-registered Animal Care
Facilities. The standards must be in accordance with USDA Animal
Welfare regulation standards \112\ (9 CFR parts 1, 2, and 3) and
International Air Transport Association standards.\113\ Violations of
the USDA Animal Welfare Act may result in immediate revocation of an
animal care facility's status as a CDC-registered Animal Care Facility.
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\112\ U.S. Department of Agriculture. Animal Welfare Act.
<a href="https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/sa_awa">https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/sa_awa</a>.
Accessed June 7, 2023.
\113\ International Air Transport Association. Live Animals.
<a href="https://www.iata.org/en/programs/cargo/live-animals">https://www.iata.org/en/programs/cargo/live-animals</a>. Accessed June
7, 2023.
---------------------------------------------------------------------------

(p) Health reporting requirements for animals at CDC-registered
Animal Care Facilities.
HHS/CDC proposes to establish health reporting requirements for all
dogs being evaluated at a CDC-registered Animal Care Facility. A
facility would need to provide the following services for each dog from
a DMRVV high-risk country with a foreign-issued rabies vaccine upon
arrival and ensure each animal meets CDC, USDA, and state and local
entry requirements prior to release from the facility:
(i) Veterinary examination by a USDA-Accredited Veterinarian within
one business day of arrival;
(ii) Verification of microchip and confirmation that the microchip
number matches the animal's health records;
(iii) Verification of animal's age via a dental examination;
(iv) Vaccination against rabies using a USDA-licensed vaccine; and
(v) Verification of an adequate serologic test from a CDC-approved
laboratory OR 28-day quarantine after administration of the USDA-
licensed rabies vaccine.
HHS/CDC further proposes that the facility notify CDC within 24
hours of the occurrence of any morbidity or mortality of animals in the
facility. Any animal that dies at a CDC-registered Animal Care Facility
would be required to undergo a necropsy and diagnostic testing to
determine the cause of death. An animal that arrives ill or becomes ill
while at the CDC-registered Animal Care Facility would need to be
examined by a USDA-Accredited Veterinarian immediately and undergo
diagnostic testing to determine the cause of illness prior to release
from the facility. Suspected or confirmed zoonotic diseases would need
to be reported to CDC and the State or County Public Health
Veterinarian within 24 hours of identification. Suspected or confirmed
foreign animal diseases or infectious animal diseases would be reported
to USDA and the State or County Veterinarian within 24 hours of
identification.\114\
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\114\ Zoonotic disease are diseases that can spread from animals
to people; infectious animal diseases spread only between animals;
foreign animal diseases are not present in the United States and may
or may not be zoonotic.
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(q) Quarantine requirements for CDC-registered Animal Care
Facilities.
HHS/CDC proposes to establish requirements for the quarantine area
at CDC-registered Animal Care Facilities to ensure animals are safely
housed and do not present a public health risk to humans or other
animals. The proposed requirements include building security to prevent
unintended public exposure to quarantined animals, cleaning and
disinfection standards, and diagnostic testing or necropsy for ill or
deceased animals.
(r) Revocation and reinstatement of a CDC-registered Animal Care
Facility's registration.
HHS/CDC proposes procedures to revoke a CDC-registered Animal Care
Facility's registration if the Director determines that it has failed
to comply with any applicable provisions of this section. CDC would
send the facility a notice of revocation stating the grounds upon which
the proposed revocation is based. If the facility contested the
revocation, the facility would be required to file a written response
to the notice within five business days after receiving the notice. All
the grounds listed in the proposed revocation would be deemed admitted
if the facility failed to respond.
If a facility's response is timely, the Director will review the
registration, the notice of revocation, and the response. The Director
would then decide whether to revoke the facility's registration based
on the written record and communicate this decision in writing to the
facility. The Director could reinstate a revoked registration after
inspecting the facility, examining its records, conferring with the
facility, and receiving information and assurance from the facility of
compliance with the requirements of this section.
(s) Requirement for the CDC Import Certification of Rabies
Vaccination and Microchip Required for Live Dog Importations into the
United States Form to import a foreign-vaccinated dog from DMRVV high-
risk countries.
HHS/CDC currently requires in 42 CFR 71.51(c) that importers of
dogs

[[Page 43996]]

arriving from DMRVV high-risk countries provide a valid RVC, as defined
in 42 CFR 71.51(a), upon arrival; this includes proof of vaccination
but importers are not required to use a standardized form. Without a
standardized form, there is tremendous variation among countries in
documenting proof of vaccination. This lack of standardization creates
confusion for port staff who are responsible for reviewing the rabies
proof of vaccination.
Through this NPRM, HHS/CDC proposes to require a new, standardized
rabies vaccination form for all foreign-vaccinated dogs arriving from
DMRVV high-risk countries. This rabies vaccination form will be
standardized and help importers and Federal agencies ensure dogs being
imported from DMRVV high-risk countries are imported with all the
required information on one form. This requirement will reduce
confusion and ensure Official Government Veterinarians in the exporting
country have reviewed the veterinary records and examined dogs prior to
travel. HHS/CDC proposes that this form replace the current valid RVC
requirement, which was not aligned with internationally accepted
standards for the international movement of animals. This form will
also permit CDC and other U.S. Government agencies to confirm the
accuracy of documentation with exporting country officials if
discrepancies in the forms are noted.
All foreign-vaccinated dogs from DMRVV high-risk countries will be
required to be examined by a USDA-Accredited Veterinarian and
revaccinated with a USDA-licensed vaccine at a CDC-registered Animal
Care Facility upon arrival to align with State rabies vaccination
requirements and recommendations from the NASPHV.\115\ Dogs arriving
without a Certification of U.S.-issued Rabies Vaccination for Live Dog
Re-entry into the United States form will be required to present the
CDC Import Certification of Rabies Vaccination and Microchip Required
for Live Dog Importations into the United States form to the CDC-
registered Animal Care Facility along with a valid serologic test from
a CDC-approved laboratory (if applicable).
---------------------------------------------------------------------------

\115\ National Association of State Public Health Veterinarians.
Compendium of Animal Rabies Prevention and Control, 2016. JAVMA
2016; 248 (5): 505-517.
---------------------------------------------------------------------------

To be considered valid, serologic tests must be drawn prior to
arrival within a timeframe and display results within parameters as
specified in CDC technical instructions. Currently, to be considered
valid, serologic tests must be drawn within a timeframe of 45 to 365
days before arrival and have a result greater than or equal to 0.5 IU/
ml. Dogs that arrive without an adequate rabies serologic test from a
CDC-approved laboratory will be subject to a mandatory 28-day
quarantine after revaccination at a CDC-registered Animal Care Facility
at the importer's expense. HHS/CDC is requesting public comments on all
aspects of this proposal as it relates to persons traveling abroad with
their dogs.
(t) Requirement for Certification of U.S.-Issued Rabies Vaccination
for Live Dog Re-entry into the United States Form for importers seeking
to import U.S.-vaccinated dogs from DMRVV high-risk countries.
HHS/CDC proposes to require that U.S.-vaccinated dogs re-entering
the United States from DMRVV high-risk countries arrive at a U.S.
airport with a CDC quarantine station and be accompanied by a
Certification of U.S.-issued Rabies Vaccination for Live Dog Re-entry
into the United States Form. The form must be completed by a USDA-
Accredited Veterinarian and signed by a USDA Official Veterinarian
prior to the animal departing the United States. Importers returning to
the United States from a DMRVV high-risk country with this form may
present their dog for admission without a rabies serologic test from a
CDC-approved laboratory, without the dog undergoing veterinary
examination (unless ill, injured, or exposed), and without
revaccination against rabies at a CDC-registered Animal Care Facility.
People who leave the United States with their dogs without first
obtaining this form will be required to have their dogs re-enter the
United States as if they are foreign-vaccinated dogs and be required to
meet all the requirements as outlined in section (s) for the dogs to be
eligible for re-entry from a DRMVV high-risk country. HHS/CDC solicits
feedback on this proposed process.
(u) Requirement for proof that a dog has only been in a DMRVV low-
risk or DMRVV-free country.
HHS/CDC proposes to require that dogs being imported from DMRVV
low-risk or DMRVV-free countries be accompanied by appropriate written
documentation demonstrating that they have not been in any DMRVV high-
risk country during the past six months. An importer would need to
provide written documentation, such as veterinary medical records, upon
request confirming that the dog is at least six months of age, is
microchipped, and has been only in a DMRVV low-risk or DMRVV-free
country for the six months prior to importation into the United States.
There are no proposed changes for cat rabies vaccination importation
requirements. CDC recommends importers comply with State or Territorial
requirements for rabies vaccination in cats. The CDC Import
Certification of Rabies Vaccination and Microchip Required for Live Dog
Importations into the United States form would not be required for
importers able to meet the requirements of this paragraph. HHS/CDC is
requesting public comment on whether a standardized form should be
required for dogs arriving from DMRVV-free and DMRVV low-risk countries
in order to avoid potential fraud. HHS/CDC is requesting public comment
on all aspects of this proposal as it relates to cats and dogs.
(v) Denial of admission of dogs and cats.
This proposed section outlines the circumstances under which CDC
can deny admission to a dog or cat being presented for admission into
the United States. CDC shall notify CBP in writing to enforce this
action. This includes:
<bullet> Any dog arriving from a DMRVV low-risk or DMRVV-free
country without written documentation that the dog has resided in a
DMRVV low-risk or rabies-free country for the six months prior to the
attempted entry, or if the Director reasonably suspects fraud.
<bullet> Any dog that is not accompanied by a receipt confirming
that a CDC Import Submission Form has been submitted to CDC through a
CDC-approved system.
<bullet> Any dog arriving at a U.S. airport for which a bill of
lading has not been created by the airline prior to arrival.
<bullet> Any dog arriving at a U.S. land port that has been in a
DMRVV high-risk country within the last six months prior to the
attempted entry.
<bullet> Any dog arriving at a U.S. seaport that has been in a
DMRVV high-risk country within the last six months prior to the
attempted entry, except for a dog qualifying as a service animal that
is otherwise admissible under this section.
<bullet> Any dog imported by an importer who refuses to comply with
the requirement (if applicable) for the dog to undergo disease
surveillance screening, veterinary examination, revaccination, provide
proof of sufficient rabies serologic tests, or quarantine at a CDC-
registered Animal Care Facility upon arrival.
<bullet> Any dog that has been in a DMRVV high-risk country in the
previous six months and arrives without a valid Certification of U.S.-
Issued Rabies Vaccination for Live Dog Re-entry into the United States
Form or a valid CDC Import Certification of Rabies

[[Page 43997]]

Vaccination and Microchip Required for Live Dog Importations into the
United States Form.
<bullet> Any dog that has been in a DMRVV high-risk country in the
previous six months and does not arrive via air at a U.S. airport with
a CDC quarantine station or via air at a U.S. airport with a CDC-
registered Animal Care Facility (if applicable).
<bullet> Any dog imported from a DMRVV high-risk country that
arrives without a reservation at a CDC-registered Animal Care Facility
(if applicable).
<bullet> Any dog from a DMRVV-restricted country that arrives
without a valid CDC Dog Import Permit.
<bullet> Any dog imported from a DMRVV high-risk country if the
Director reasonably suspects fraud in any documentation required for
admission or if such documentation is otherwise untruthful, inaccurate,
or incomplete.
<bullet> Any dog or cat, regardless of country of departure, that
poses a public health risk, including dogs or cats that appear
unhealthy upon arrival or demonstrate signs or symptoms of communicable
disease.
<bullet> Any dog under six months of age that is arriving at a U.S.
airport or seaport, or any dog under six months of age that is arriving
at a U.S. land port if the importer has imported three or more
individual dogs under six months of age in the same calendar year
(January-December).
HHS/CDC solicits public comment regarding this proposed paragraph,
including whether the grounds for the proposed denial of admission are
sufficient to protect the public's health.
(w) Disposal or disposition of dogs and cats denied admission or
abandoned prior to admission that were transported to the United
States.
Through this NPRM, HHS/CDC proposes an operational framework
primarily applicable to airlines regarding how dogs denied admission
would be handled by carriers and importers. HHS/CDC clarifies that
airlines must provide housing for animals awaiting return to their
country of departure at a CDC-registered Animal Care Facility or a CDC-
approved animal facility if a CDC-registered Animal Care Facility is
not available. Airlines are required to return animals denied admission
to the country of departure within 72 hours of arrival, regardless of
carrier or route. This is to ensure airlines do not leave animals in
warehouses unattended for prolonged periods of time. As proposed,
airlines would be able to request extensions for an animal's return in
the event the animal is not medically fit for travel. This proposed
operational framework provides that importers are responsible for all
associated costs relating to the housing, care, and treatment of a dog
or cat denied admission pending return to its country of departure.
However, if an importer fails to pay any costs or fails to comply with
any requirements, the animal will be considered abandoned, and the
relevant carrier would be required to assume responsibility.
In instances where a dog or cat is fatally ill or injured, the
importer or airline may choose a humane euthanasia option in accordance
with the standards of the American Veterinary Medical Association \116\
performed by a licensed veterinarian. The importer or airline must
notify CDC and CBP in writing of this decision. This decision does not
relieve the importer or airline of the obligation to obtain and report
results of necropsy or diagnostic testing required by CDC.
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\116\ <a href="https://www.avma.org/resources-tools/avma-policies/avma-guidelines-euthanasia-animals">https://www.avma.org/resources-tools/avma-policies/avma-guidelines-euthanasia-animals</a>.
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In the case of dogs and cats denied admission to the United States
upon arrival at a U.S. seaport, the vessel's master or operator would
be required to reembark the animal immediately and return it to its
country of departure on the next voyage. In the case of dogs and cats
denied admission to the United States upon arrival at a U.S. land port,
the importer or carrier would be required to immediately return it to
its country of departure.
CDC does not expect the above operational framework relating to
housing, care, and treatment of a dog or cat denied admission to be
applied on a routine basis to carriers or importers arriving with dogs
or cats at U.S. land or seaports because the circumstances leading to a
delay in returning a dog or cat to its country of departure are not
typically present at these U.S. ports. However, CDC acknowledges that
there may be rare and unforeseen circumstances where it may be
necessary to apply such procedures. Accordingly, CDC has added language
authorizing it to apply these provisions in circumstances where a dog
or cat is denied entry at a U.S. land or seaport and cannot be
immediately returned to its country of departure (e.g., because it is
unfit to travel). HHS/CDC specifically solicits public comment
regarding the possible application of these measures to dogs and cat
arriving in the United States at U.S. land or seaports.
(x) Appeals of CDC denials to admit a dog or a cat upon arrival
into the United States.
This section proposes an appeal process for importers of dogs and
cats in the event their animals are denied admission to the United
States upon arrival.
If CDC denies admission to a dog or cat under this section, the
importer may appeal that denial to the Director. The importer must
submit the appeal in writing to the Director that states the reasons
for the appeal and demonstrates that there is a genuine and substantial
issue of fact in dispute. The importer must submit the appeal within
one business day of the denial. Submitting an appeal will not delay the
return of the animal to the country of departure. CDC will issue a
written response, which shall constitute final agency action.
Because denial of admission to dogs and cats under these limited
circumstances is likely to occur at a port, HHS/CDC proposes that any
appeal be submitted within one business day so as not to unnecessarily
prolong the appeal process and allow for expedited decision-making
regarding whether an animal should be returned to its country of
departure. Pending a determination regarding the appeal the animal will
remain the legal responsibility of the carrier. HHS/CDC solicits public
comment regarding this proposal.
(y) Record of death of dogs and cats while en route to the United
States and disposition of dead animals.
The requirement that carriers maintain a record of sickness or
death for any animals that die during transit is longstanding. Through
this NPRM, HHS/CDC proposes to require necropsy and diagnostic testing
for any dog or cat that dies en route to the United States or at a U.S.
port prior to admission to determine the cause of death. Consistent
with current requirements, carriers would be required to report deaths
to the CDC quarantine station of jurisdiction. HHS/CDC proposes these
amendments to ensure it can detect, provide referrals to appropriate
agencies, and respond to potential zoonotic disease importation risks
in a timely manner. Importers would be responsible for the costs unless
they abandon the animal, in which case the airline or master or
operator of a vessel would assume responsibility for the costs.
(z) Abandoned shipments of dogs and cats.
Through this NPRM, HHS/CDC proposes an operational framework
primarily applicable to airlines for when a dog or cat would be
considered abandoned prior to admission and thus require the carrier to
assume responsibility for the shipment. CDC has documented several
instances in which importers have chosen to abandon dogs.

[[Page 43998]]

Federal and State public health agencies have incurred financial costs
because of importers abandoning dogs and the subsequent refusal by
airlines to provide safe housing and return for dogs. HHS/CDC proposes
that an animal shipment be deemed abandoned under the following
circumstances:
<bullet> When explicitly stated by the importer verbally or in
writing to the carrier, CDC, or CBP; or
<bullet> If the importer fails to cooperate with or respond to the
carrier's attempts to comply with the regulations listed in 42 CFR
71.51 within 24 hours; or
<bullet> If the importer refuses payment within 24 hours for CDC-
mandated examinations, testing, holding, or treatment needed to ensure
the safe importation of animals into the United States.
The provisions of this paragraph may also be applied to other
carriers transporting such dogs and cats in the rare circumstances
where the dog or cat is abandoned by the importer at a U.S. land port
or seaport and other options are not available.
(aa) Sanitation of cages and containers of dogs and cats.
The requirement that animal cages and containers be kept in a
sanitary condition is long-standing. This language appears as a
separate paragraph in the proposed regulation, but HHS/CDC is not
proposing any changes to the existing language, which requires that
animals be transported in clean crates or cages. CDC is republishing
this section to provide context and for the convenience of the reader.
(bb) Requirements for in-transit shipments of dogs and cats.
HHS/CDC proposes to clarify the definition of an in-transit
shipment and outlines the requirements for dogs and cats that transit
the United States as part of an in-transit shipment. CDC's definition
would align with that of the USDA, and HHS/CDC clarifies that dogs and
cats cannot be considered in transit if they are transported as hand-
carried baggage or checked baggage. In-transit shipments may only be
transported as cargo.
(cc) Bill of lading and other airline requirements for dogs.
To help mitigate the risk of importers presenting dogs from DMRVV
high-risk countries at U.S. airports that have traveled through DMRVV
low-risk countries for short periods of time (less than six months) and
do not meet CDC entry requirements, this NPRM proposes to require that
airlines create a bill of lading accounting for all live dog imports
through a U.S. airport, regardless of whether the dogs are transported
as cargo, checked baggage, or hand-carried baggage, or otherwise
accompany a traveler arriving in the United States on their person.
Requiring airlines to create a bill of lading specifically for all live
dog imports arriving at a U.S. airport will also help ensure airlines
are accountable for the safety of the dog upon arrival in the United
States. Dogs that do not have bills of lading by an airline are more
likely to be left by the airline in unsafe conditions, and airlines
often refuse to take responsibility for the safety and entry
requirements for dogs flown as checked-baggage or hand-carried
baggage.\117\
---------------------------------------------------------------------------

\117\ Centers for Disease Control and Prevention. Quarantine
Activity Reporting System (version 4.9.8.8.2.2A). Dog importation
data, 2018-2020. Accessed: February 15, 2021.
---------------------------------------------------------------------------

CDC also proposes to require that airlines confirm that all
importers have a receipt of a completed CDC Import Submission Form
prior to boarding. For U.S.-vaccinated dogs, CDC proposes that airlines
confirm that importers have a valid Certification of U.S.-issued Rabies
Vaccination for Live Dog Re-entry into the United States Form. For
foreign-vaccinated dogs, CDC proposes that airlines confirm that
importers have a reservation at a CDC-registered Animal Care Facility.
For dogs from DMRVV-free or low-risk countries, CDC proposes that
airlines confirm that the importer has documentation showing that the
dog is over six months of age, has a microchip, and has not been in a
DMRVV high-risk country in the previous six months.
CDC is also proposing that a representative of an airline
transporting live dogs into the United States be on-site at the U.S.
airport and available to coordinate the entry/clearance of the dogs
with federal government officials until all live dogs transported on an
arriving flight into the United States have either been cleared for
admission or arrangements have been made to transport the dogs to a
CDC-registered Animal Care Facility or other facility (e.g., veterinary
clinic or kennel) approved by CDC pending admissibility determination.
HHS/CDC is seeking public comment on whether airline staff should
be required to present dogs for entry and be available until all dogs
have been cleared for entry or arrangements have been made to transport
the dogs to a CDC-registered Animal Care Facility or other facility
(e.g., veterinary clinic or kennel) approved by CDC pending an
admissibility determination. HHS/CDC is also seeking public comment on
how airlines can present dogs for inspection in the cargo area, except
dogs meeting the definition of a ``service animal'' under 14 CFR 382.3.
(dd) Order prohibiting carriers from transporting dogs and cats.
HHS/CDC proposes procedures for the Director to issue an order
revoking a carrier's permission to transport live dogs and cats into
the United States if a carrier has endangered the public health of the
United States by acting or failing to act to prevent the introduction
of DMRVV, as would occur by failing to comply with the provisions of
this section. HHS/CDC believes that the circumstances giving rise to
such an order would be exceedingly rare, such that HHS/CDC would issue
an order only after repeated attempts to consult with and obtain
voluntary compliance and remedial action from the carrier have failed.
The Director would rescind the order after working with the carrier to
obtain remedial action, such as: inspecting the carrier's facilities;
examining its records; conferring with the carrier's owners or
operators, contractors, or staff; or after receiving information and
written assurances from the carrier owner or operator that it has taken
remedial steps to ensure future compliance with HHS/CDC dog and cat
importation requirements. Such an order would be subject to an
administrative appeal. The appeal must be in writing, addressed to the
Director, state the reasons for the appeal, and demonstrate that there
is a genuine and substantial issue of fact in dispute. As soon as
practicable after completing the appeal review, the Director will issue
a decision in writing that would constitute final agency action. The
Director will serve the carrier owners or operators with a copy of the
written decision.
(ee) Prohibition on imports of dogs from DMRVV-restricted
countries.
Through this NPRM, HHS/CDC proposes to prohibit or otherwise
restrict the import of dogs into the United States from certain
countries that have repeatedly exported rabid dogs to any other country
or that lack adequate controls to monitor and prevent the export of
dogs to the United States with falsified or fraudulent vaccine
credentials. Such a prohibition or other restriction would remain in
place until CDC was satisfied that sufficient controls had been
established to prevent the reintroduction of DMRVV into the United
States, including preventing the use of falsified or fraudulent vaccine
credentials. To implement this provision, this NPRM proposes that HHS/
CDC maintain a list of DMRVV-restricted countries. The list would be
maintained on CDC's website and

[[Page 43999]]

updated annually. Amendments to the list of DMRVV-restricted countries
would be published as a notice in the Federal Register. Under this
proposal, CDC may allow the importation of certain categories of dogs
from DMRVV-restricted countries, such as service animals or government-
owned animals. HHS/CDC solicits comment as to whether such Federal
Register notices would be sufficient to inform the public.
(ff) Request for issuance of additional fines or penalties.
Under 42 U.S.C. 268(b), CBP and Coast Guard officers may aid in the
enforcement of HHS/CDC's quarantine rules and regulations. HHS/CDC is
proposing to add a paragraph recognizing that HHS/CDC may request that
CBP pursue enforcement actions using CBP's existing authorities under
19 U.S.C. 1592 and 19 U.S.C. 1595a against importers, brokers, or
carriers who violate HHS/CDC's dog and cat importation requirements.
This provision does not create new authority. Its purpose is to inform
the public of actions that CDC may take to request CBP assistance in
enforcing HHS/CDC's dog and cat importation requirements. HHS/CDC
stresses that it does not administer Title 19, and decisions regarding
whether to pursue enforcement actions under Title 19 would be entirely
at the discretion of DHS/CBP and subject to its policies and
procedures.

V. Alternatives Considered

In developing this NPRM, HHS/CDC considered more and less
restrictive policy alternatives. The provisions included in the NPRM
were determined to minimize the cost and burden of the proposed
regulatory provisions while protecting and reducing risks to the
public's health. To reduce the costs associated with the provisions of
the NPRM, many proposed requirements only apply to dogs imported from
DMRVV high-risk countries, and some apply only to dogs vaccinated
outside the United States imported from DMRVV high-risk countries.
Table 4 summarizes alternatives to selected proposed requirements
expected to be associated with most of the monetized costs and benefits
for this NPRM (if finalized as proposed) relative to the current status
quo. A semi-quantitative analysis of the costs and benefits is
available in Section F of an Appendix found in the Supplemental
Materials tab of the docket.
---------------------------------------------------------------------------

\118\ The current requirements do not take account of the
temporary suspension of dogs from DMRVV high-risk countries, because
it is a temporary measure.

Table 4--Summary Table of Important Changes to Regulatory Requirements Based on the Provisions of This NPRM and
Alternatives Considered
----------------------------------------------------------------------------------------------------------------
Current
NPRM requirement (proposed) requirements \118\ Option 1--more Option 2--less Justification
(baseline) restrictive restrictive
----------------------------------------------------------------------------------------------------------------
Proposed 71.51(f)............... DMRVV High-risk Dogs must be at Dogs must be at The increased age
Dogs must be at least six months countries: Dogs least six months least four months requirement will
of age to be imported from a must be at least of age regardless of age to arrive improve health
DMRVV high-risk country. four months of of country of via aircraft and safety for
Dogs must be at least six months age (based on the origin or type of regardless of dogs being
of age to arrive via aircraft earliest age at conveyance. country of transported and
regardless of country origin. which a dog could origin, which is result in fewer
Only three or fewer dogs less be considered the youngest age public health
than six months of age may be fully vaccinated a dog may be investigations of
imported at land ports by an against rabies). considered fully dogs found to be
importer/owner (per calendar No requirement for vaccinated ill or to have
year). Dogs that have been in DMRVV-free or against rabies. died during air
DMRVV high-risk countries are DMRVV low-risk No limit to the travel. The 6-
not eligible to arrive at land countries since number of dogs month versus 4-
ports. rabies that may be month age
vaccination imported at land requirement will
documentation is ports. also make it
not currently easier to
required for estimate the age
these dogs. of dogs based on
examination of
their teeth. This
age requirement
will also improve
alignment with
USDA import
requirements (7
CFR 2148) for
dogs imported for
resale.
Proposed section 71.51(g)....... No dog- All dogs must be Either no This requirement
All dogs must have a microchip identification implanted with identification is needed to
regardless of country of origin. requirement other microchips and requirement or confirm that the
than a have tattoos for allow use of arriving dogs
description on identification tattoos or other match their
the rabies purposes. dog-identifying paperwork because
vaccination technology CDC has
documentation. instead of documented a
requiring dramatic increase
microchips. in the number of
dogs arriving
with falsified
rabies
vaccination
documentation.
The microchip
requirement will
allow for
matching
microchip
information
(obtained by
scanning the dog)
with the
microchip number
documented on the
dog's proof of
rabies
vaccination.

[[Page 44000]]

Proposed section 71.51(h)....... No requirement for Require importers Only require dogs This requirement
Require importers to submit dog importers to to use the more from DMRVV high- will help Federal
advance data for each dog via a submit data with complicated and risk countries to agencies detect
CDC-approved system and require CDC and no costly CBP formal submit data via a dogs that move
airlines to create bill of requirement for entry CDC-approved from DMRVV high-
lading for all live dog imports. airlines to requirements. system and risk to DMRVV low-
create a bill of require airlines risk countries to
lading for all to create a bill avoid U.S.
live dog imports. of lading for all requirements.
live dog imports. This requirement
will also support
Federal agencies'
targeting of
interventions for
dogs arriving
from countries
presenting
significant risks
to human or
animal health.
Proposed 71.51 (t).............. Rabies vaccine Require Require At present, the
Require standardized rabies certificates are Certification of veterinarians to information on
vaccination information using a required for dogs U.S.-issued fill out the rabies
CDC form: Certification of U.S.- imported from Rabies Certification of vaccination
issued Rabies Vaccination for DMRVV high-risk Vaccination for U.S.-issued documents is not
Live Dog Re-entry into the countries and do Live Dog Re-entry Rabies standardized;
United States Form for dogs not need to be into the United Vaccination for different formats
originating in the United entered into a States form be Live Dog Re-entry are used in
States and wanting to re-enter standardized form certified by a into the United different
the U.S. after traveling to a or certified by USDA Official States Form, but countries and
DMRVV high-risk country. an Official Veterinarian for do not require even within the
Government all dogs leaving certification by U.S. Lack of a
Veterinarian. the U.S. with an Official standardized
planned re-entry Government format may lead
into the U.S. Veterinarian. to dogs from
DMRVV high-risk
countries
arriving at a
U.S. port with
rabies
vaccination
documentation s
that does not
align with
current CDC
requirements and
subsequent entry
denials. This
provision will
also align the
United States
with import/
export
requirements
commonly required
in other
countries.
Proposed 71.51(k)............... No follow-up Require veterinary In lieu of This process will
Requirement for veterinary examination or examination and requiring follow- better align U.S.
examination and revaccination revaccination revaccination for up at a CDC- requirements with
against rabies at a CDC- required. all dogs imported registered Animal existing
registered Animal Care Facility from DMRVV high- Care Facility, requirements of
for foreign-vaccinated dogs risk countries, allow dogs other DMRVV-free
from DMRVV high-risk countries, including dogs imported from countries
no requirement for dogs with valid U.S.- DMRVV high-risk This requirement
imported from DMRVV-free or issued rabies countries that for veterinary
DMRVV low-risk countries or vaccinations. were vaccinated examination and
U.S.-vaccinated dogs from DMRVV outside the revaccination
high-risk countries if U.S.- United States to will reduce the
vaccinated dogs are healthy and visit any risk of dogs
meet all other requirements. licensed U.S. potentially
The laboratory testing veterinarian for infecting people
requirements in proposed examination and or wildlife with
71.51(k)(4)(v) are addressed revaccination. DMRVV and
separately below. potentially other
zoonotic diseases
or diseases which
impact livestock
in the United
States.

[[Page 44001]]

Proposed 71.51(k)(4)............ No laboratory Serologic test Allow serologic This laboratory
Foreign-vaccinated dogs from testing from a CDC- test results for testing provision
DMRVV high-risk countries must requirement for approved dogs imported will better align
have serologic test results dog imports from laboratory with a from DMRVV high- U.S. requirements
from a CDC-approved laboratory any country. longer, e.g., 90- risk countries with existing
with a waiting period, or such day waiting with foreign- requirements of
time period as specified in CDC period before issued rabies other DMRVV-free
technical instructions, before entry for dogs vaccinations from countries that
entry or be quarantined for 28 vaccinated any laboratory require
days after revaccination with a outside the (i.e., not laboratory
USDA-licensed rabies vaccine. United States and limited to CDC- confirmation
arriving from approved because rabies

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