[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Rules and Regulations]
[Pages 48653-48660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19515]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules 
and Regulations  

[[Page 48653]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 2

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


Animal Welfare; Importation of Live Dogs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

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

DATES: Effective date: November 17, 2014.

FOR FURTHER INFORMATION CONTACT: Dr. Gerald Rushin, Veterinary Medical 
Officer, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 
20737-1236; (301) 851-3740.

SUPPLEMENTARY INFORMATION:

Background

    Under the Animal Welfare Act (AWA or the Act, 7 U.S.C. 2131 et 
seq.), the Secretary of Agriculture is authorized to promulgate 
standards and other requirements governing the humane handling, care, 
treatment, and transportation of certain animals by dealers, research 
facilities, exhibitors, operators of auction sales, and carriers and 
intermediate handlers. The Secretary has delegated responsibility for 
administering the AWA to the Administrator of U.S. Department of 
Agriculture's (USDA) Animal and Plant Health Inspection Service 
(APHIS). Within APHIS, the responsibility for administering the AWA has 
been delegated to the Deputy Administrator for Animal Care (AC). 
Regulations and standards are established under the AWA and are 
contained in the Code of Federal Regulations (CFR) in 9 CFR parts 1, 2, 
and 3 (referred to below as the regulations). Part 2 provides 
administrative requirements and sets forth institutional 
responsibilities for regulated parties.
    The Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, 
signed into law on June 18, 2008) added a new section 18 to the Animal 
Welfare Act (7 U.S.C. 2148) to restrict the importation of certain live 
dogs. As amended, the AWA now prohibits the importation of dogs into 
the United States for resale purposes, unless the Secretary determines 
that the dogs are in good health, have received all necessary 
vaccinations, and are at least 6 months of age. Section 18 of the AWA 
includes a scoping definition for the term ``resale.'' When read in 
context of the requirements of that section, the term ``resale'' 
includes, but is not limited to, any transfer of ownership or control 
of imported dogs to another person, for more than de minimis 
consideration. The AWA further provides that the Secretary, by 
regulation, must provide an exception to these requirements in any case 
in which a dog is imported for research purposes or veterinary 
treatment. The AWA also provides an exception to the at least 6-month 
age requirement for dogs that are lawfully imported into Hawaii from 
the British Isles, Australia, Guam, or New Zealand in compliance with 
the applicable regulations of Hawaii, provided the dogs are not 
transported out of Hawaii for purposes of resale at less than 6 months 
of age.
    The AWA provides that any importer who fails to comply with these 
provisions is subject to penalties under 7 U.S.C. 2149 and must provide 
for the care (including appropriate veterinary care), forfeiture, and 
adoption of each applicable dog, at his or her expense.
    On September 1, 2011, we published in the Federal Register (76 FR 
54392-54397, Docket No. APHIS-2009-0053) a proposed rule \1\ to add 
requirements concerning the importation of certain live dogs as 
required by the Food, Conservation, and Energy Act of 2008.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0053.
---------------------------------------------------------------------------

    We proposed, with limited exceptions, to prohibit the importation 
of any dog for resale, veterinary treatment, or research \2\ unless the 
dog is in good health; has received vaccinations for rabies and 
distemper, hepatitis, leptospirosis, parvovirus, and parainfluenza 
virus (DHLPP); and is at least 6 months of age. We proposed to require 
that the dog be accompanied by an import permit issued by APHIS and a 
health certificate and rabies vaccination certificate issued by a 
veterinarian with a valid license to practice veterinary medicine in 
the country of export. We proposed to allow exceptions to health, 
vaccination, and age requirements for dogs imported for veterinary 
treatment that cannot be obtained in the exporting country and for dogs 
imported for use in research, tests, or experiments if the requirement 
would interfere with a research protocol approved by the research 
facility's Institutional Animal Care and Use Committee (IACUC). 
Additionally, we proposed that dogs less than 6 months old could be 
lawfully imported into Hawaii from the British Isles, Australia, Guam, 
or New Zealand as long as the dog was not transported from Hawaii for 
resale purposes at less than 6 months of age.
---------------------------------------------------------------------------

    \2\ Under the AWA, as amended, dogs imported for resale include 
dogs imported for the purpose of transferring ownership or control 
to a research facility or to a veterinarian for veterinary 
treatment. However, because research and veterinary treatment are 
not commonly considered resale purposes, we separately identify each 
of these activities as context requires.
---------------------------------------------------------------------------

    We solicited comments for 60 days ending October 31, 2011. We 
received a total of 74,218 comments. These included 382 unique comments 
from animal welfare associations, private breeders, veterinarians, 
foreign exporters, domestic importers, and other individuals. Two 
animal welfare associations mailed an additional 73,836 comments that 
had been

[[Page 48654]]

submitted directly to them. Issues raised by the commenters are 
discussed by topic below.

Applicability of the Rule

    Several commenters asked that we define the term ``resale'' in the 
regulations to clarify which imports are subject to the new 
restrictions regarding dogs imported for resale.
    As used in section 18 of the AWA, the term ``dogs imported for 
resale'' includes dogs imported for sale in wholesale channels, at 
retail, and for adoption after arrival in the United States, as well as 
dogs imported for other purposes involving transfer of ownership or 
control of the dog to another person for more than de minimis 
consideration after the dog's arrival in the United States. With 
limited exceptions for dogs lawfully imported into Hawaii, and for dogs 
imported for veterinary treatment or research, the restrictions 
regarding health, vaccinations, and age apply to all such imported 
dogs.
    Many of the comments submitted through an animal welfare 
association and some others supported the proposed rule with an 
exception for imports for rescue purposes. They said the rule should 
not prevent puppies rescued from disasters, neglect, or foreign puppy 
mills in foreign countries from being imported into the United States 
for adoption. Some said that the adoption fee charged by many nonprofit 
rescue groups should be viewed as de minimis consideration under the 
rule. A number of other commenters stated that the rule should apply to 
dogs imported as ``rescues'' as these dogs are often in poor health and 
present a risk of transmitting diseases to dogs in the United States.
    The AWA does not provide for exceptions to age, vaccination, or 
health requirements for dogs rescued in foreign countries and brought 
into the United States for subsequent placement. We consider de minimis 
to have the standard dictionary meaning, which, according to Merriam-
Webster, is ``lacking significance or importance; so minor as to merit 
disregard.'' Similarly, we consider ``consideration'' to have the 
standard dictionary meaning, which is defined by Merriam-Webster as 
``the inducement to a contract or other legal transaction; 
specifically: An act or forbearance or the promise thereof done or 
given by one party in return for the act or promise of another.'' While 
we recognize that adoption fees charged by some nonprofits may not 
recover all of the costs incurred by the organization to rescue and 
care for the dog prior to adoption, we do not consider the fee to be de 
minimis consideration. The rule does not, therefore, provide a specific 
exception for rescue dogs.
    Many commenters were concerned that this rule would prohibit the 
importation of dogs less than 6 months of age for personal use, 
including as pets, for sport, for shows or competitions, or for 
breeding. One commenter said the proposal did not take into account 
dogs imported for semen collection. A number of other commenters 
expressed concern that the rule would prohibit them from importing 
puppies into training programs for working dogs, including dogs to be 
used as service dogs, for search and rescue, or for police work.
    This rule does not apply when there is no transfer of ownership or 
control of a dog to another person for more than de minimis 
consideration after the dog's importation into the United States. 
Therefore, dogs imported by a person who will use the dog as a personal 
pet, for sport, for shows or competitions, or for breeding or semen 
collection are not subject to the 6-month age restriction or any other 
requirements of this rule. Additionally, we do not consider dogs 
imported for training as working dogs to be imported for purposes of 
resale. Thus, the rule will not apply to puppies imported by legitimate 
training organizations for the purpose of training the dog to be a 
working dog.
    All dogs imported into the United States may, however, be subject 
to other laws and regulations. For example, dogs imported from regions 
of the world where screwworm is considered to exist must meet 
requirements in 9 CFR part 93, Sec.  93.600, to ensure their freedom 
from screwworm, and dogs imported from any part of the world except 
Canada, Mexico, and regions of Central America and the West Indies that 
are to be used in the handling of livestock must meet requirements in 
Sec.  93.600 to mitigate the risk of tapeworm. In addition, the Centers 
for Disease Control and Prevention (CDC) have requirements for 
importing dogs that must be met for a dog to be cleared for entry into 
the United States. These requirements may include a rabies vaccination 
certificate or a confinement agreement if a dog is too young to receive 
the rabies vaccine.
    A few commenters expressed concern about whether a dog imported for 
personal use or into a working dog training program and did not work 
out in the home or program could be placed elsewhere without violating 
the regulations. Some asked whether a dog had to be kept for any 
specific length of time before it could be rehomed.
    This rule does not require that such dogs be kept for any specific 
length of time before ownership or control may be transferred, 
including through sale. APHIS understands that dogs imported in good 
faith for personal use or special training programs sometimes do not 
meet the needs for which they were imported and have to be placed 
elsewhere. We will still consider the dogs to have been imported for 
personal use or training. However, we expect such transfers of 
ownership or control, particularly relatively close to the time of 
importation, will be infrequent. If we have reason to believe that dogs 
were imported into the continental United States or Hawaii for resale 
without import permits or without meeting other requirements of the 
regulations, we may initiate an investigation to ascertain the purpose 
of the importation and whether there may have been a violation of the 
regulations.
    A few commenters asked if this rule applies to U.S. territories. 
They expressed concern that an importer could bring dogs into a U.S. 
territory for subsequent resale elsewhere in the United States. One 
commenter asked whether the rule will affect persons in Puerto Rico who 
sell puppies to the U.S. mainland.
    This rule applies to dogs imported into the continental United 
States and Hawaii from any other location, including Puerto Rico and 
any of the other U.S. territories (American Samoa, the Federated States 
of Micronesia, Guam, the Midway Islands, the Northern Mariana Islands, 
the Republic of Palau, the Republic of the Marshall Islands, and the 
U.S. Virgin Islands). Thus, while an importer may bring a dog into a 
U.S. territory for resale, research, or veterinary treatment without 
the dog meeting the requirements of this rule, dogs originating in a 
foreign country or any U.S. territory may not be shipped from a U.S. 
territory into the continental United States or Hawaii for any of those 
purposes except as provided in this rule. Any person intending to 
import such a dog into the continental United States or Hawaii, or his 
or her agent, must present the required import permit and any 
applicable certifications and veterinary treatment agreement required 
by this rule to the collector of customs at the port of first arrival.
    One commenter asked whether the regulations apply to dogs labeled 
``wild animal.''
    The AWA regulations in 9 CFR part 1 define ``dog'' to mean any dog 
of the species Canis familiaris (C. familiaris) or any dog-hybrid 
cross. Therefore, this rule applies to any dog of the species C.

[[Page 48655]]

familiaris or any dog-hybrid cross. Any such dog that is imported for 
purposes of resale, research, or veterinary treatment, even if labeled 
``wild animal,'' will be subject to the regulations.
    Some commenters stated that there should be no exceptions to the 6-
month age requirement and that it should be applicable to all imported 
dogs.
    Section 18 of the AWA applies only to live dogs imported for 
resale, veterinary treatment, or research. It specifically provides an 
exception to the age requirement for certain dogs legally imported into 
Hawaii, provided the dogs are not transported from Hawaii for resale 
purposes at less than 6 months of age. It also requires us to provide 
exceptions to health, vaccination, and age requirements for dogs 
imported for research purposes or veterinary treatment.

Identification of Dogs

    A few commenters suggested that we require microchips or tattoos to 
ensure that dogs imported under permit are the same ones listed on the 
import permit.
    We proposed to require that dogs imported for resale, veterinary 
treatment, or research be identified on permit applications, health 
certificates, and rabies vaccination certificates by breed, sex, age, 
color, markings, and other identifying information. Other identifying 
information would include microchip numbers or tattoos if a dog has 
them, but the rule does not require them. We believe this information 
is sufficient to verify the identity of dogs presented for importation. 
This is the same information that CDC requires on rabies vaccination 
certificates for imported dogs.
    One commenter recommended that we require all imported dogs to be 
microchipped so that we would be able to track the dogs and see where 
they end up.
    APHIS believes that such a requirement is beyond the intent of the 
AWA, as amended.

Intended Use of Imported Dogs

    Some commenters questioned how officials at a port of entry would 
determine whether imported dogs were intended for resale or personal 
use. A few expressed concern that dogs imported for personal use, and 
thus arriving without a permit, might be seized at the port of entry.
    Dogs imported for personal use, without transfer of ownership or 
control after arrival in the United States, are not subject to this 
rule and will not be refused entry or seized because they arrive 
without a permit. If APHIS has reason to believe that a person is 
importing dogs for resale, research, or veterinary treatment without 
meeting the requirements of this rule, we may initiate an investigation 
and take appropriate action based on the results of that investigation.
    Several commenters expressed concern that entities importing dogs 
less than 6 months of age for resale could circumvent the new 
requirements by not providing an import permit and claiming the dogs 
are for personal use. Commenters suggested a variety of actions to 
prevent such occurrences, including requiring that dogs be issued 
identification numbers, which would have to be shown on import permits; 
requiring the use of transit permits for all imported dogs that would 
include a statement of purpose of the import; requiring importers to 
provide a sworn statement that dogs imported without a permit are not 
for resale; limiting the number of imported dogs of less than 6 months 
of age that a person may import a year for personal use; and 
establishing an import notification system that would allow APHIS to 
notify authorities at the ports of entry that a dog import is expected 
and having the import documents sent to APHIS upon arrival for 
verification.
    APHIS appreciates the suggestions from commenters on ways to help 
prevent fraud, and we have considered them all. Requiring dogs imported 
for resale to have numerical identification and to include the numbers 
on the permit would not prevent an importer from fraudulently claiming 
a dog is imported for his or her personal use. Importers wishing to 
circumvent this rule could also falsify statements of purpose. 
Similarly, if we limited the number of dogs that could be imported for 
personal use, either per shipment or per year, importers wishing to 
circumvent this rule could get around these restrictions, too, by 
breaking up shipments or importing under different names. Regarding 
port of entry notifications and APHIS verification of import documents, 
the rule already requires importers or their agents to present the 
import permit and other required documents for dogs covered by this 
rule to the collector of customs at the port of first arrival in the 
continental United States or Hawaii. Inspectors with U.S. Customs and 
Border Protection will review the paperwork to ensure the shipment is 
in compliance with the regulations; there would be no added benefit in 
sending the paperwork to APHIS for verification. Advance notifications 
would only provide earlier notice of shipments of dogs already 
identified as being imported for resale, research, or veterinary 
treatment.
    We are developing guidance for port inspectors to use to identify 
potentially fraudulent imports and report them to APHIS. If it appears 
that a person is importing dogs for resale, research, or veterinary 
treatment without meeting the requirements of this rule, we may 
initiate an investigation and take appropriate action based on the 
results of that investigation.

Import Permits

    Some commenters suggested that the requirement for an import permit 
would increase the cost of importation for the importer and exporter as 
a result of the additional time needed to receive an import permit. The 
commenters also said that obtaining an import permit could delay a sick 
dog from receiving medical attention.
    We expect that any time-related costs associated with obtaining an 
import permit will be minimal. There is no charge for the permit 
itself.
    Permit applications must include basic information that should be 
readily available to the importer: The name and address of the person 
intending to export the dog; the name and address of the importer; the 
number of dogs to be imported and their breed, sex, age, color, 
markings, and other identifying information; the purpose of the 
importation; the port of embarkation and mode of transportation; the 
port of entry in the United States; the proposed date of arrival in the 
continental United States or Hawaii; the name and address of the person 
who will take delivery of the dogs; and, if the dogs will be used for 
research, the USDA registration number of the research facility. APHIS 
anticipates that it will need 7 to 10 days to process a permit 
application once it is received. Thus, in most cases, dogs can be 
shipped within 2 weeks of the importer submitting an application for 
permit. Upon request, APHIS will attempt to expedite permit processing 
for dogs requiring urgent veterinary medical attention in the United 
States.
    One commenter objected to the proposed requirement that dogs be 
accompanied by an original import permit. The commenter stated that few 
original documents are required at ports of entry as systems move to 
electronic documentation and that requiring a hard copy of the import 
permit is unnecessary and will only increase the likelihood that 
imported dogs will be forfeited or returned to their country of export 
due to missing or erroneous originals. Another commenter stated that we 
should not require originals of

[[Page 48656]]

any document to be presented at the port of arrival.
    Our rule requires an original health certificate. This requirement 
will prevent copies of a health certificate from being used for 
multiple shipments and thus reduce fraud. Our rule does not require an 
original import permit, and, as explained in the preamble to the 
proposed rule, we will accept a copy of the rabies vaccination 
certificate required by the Public Health Service regulations in 42 CFR 
71.51.

Vaccinations

    A few commenters asked that we clarify the requirement in proposed 
Sec.  2.151(a)(1)(iv) that dogs be vaccinated in accordance with 
currently accepted practices as cited in veterinary medicine reference 
guides. They expressed concern that there may be conflicting consensus 
on vaccination requirements and practices. One commenter provided a 
list of reference guides and encouraged us to include them in the 
regulations.
    We acknowledge that there are various accepted vaccination 
practices cited in veterinary medicine reference guides used in the 
United States and foreign countries. It is not our intention to specify 
one or another, which is why we worded the requirement in this way. 
Rather, we will rely on the veterinarians who are signing the health 
certificates to make good decisions on behalf of the dog's welfare.
    Several commenters stated that our list of required vaccinations is 
inconsistent with the list provided by American Veterinary Medical 
Association. They were specifically concerned about our proposed 
requirements for leptospirosis and parainfluenza vaccination, stating 
that they are unnecessary and may be harmful. One commenter said that 
leptospirosis vaccines may cause life threatening reactions in some 
small breeds of dogs.
    Leptospirosis is a bacterium that can cause liver disease, kidney 
failure, and even death. While leptospirosis is less likely to occur in 
urban areas of the country, it is still a disease of concern in many 
areas of the United States. Parainfluenza, also a disease of concern in 
the United States, is a highly contagious respiratory infection that 
can lead to pneumonia and even death. Veterinarians routinely 
administer these vaccinations to dogs to prevent infection and spread 
of those diseases. Small breed dogs, as well as other breeds, can 
receive the leptospirosis vaccination, which may need to be 
administered under the direction and/or supervision of a veterinarian.
    Several commenters objected to our proposed requirement for rabies 
vaccination. One commenter suggested that additional studies be 
performed to evaluate the source of rabies outbreaks in the United 
States to analyze the necessity for rabies vaccines prior to 
importation. Another commenter asked that dogs imported from rabies-
free countries be exempt from the rabies certification requirement to 
decrease the time and cost of importation for those dogs. The commenter 
also expressed concern that some States may not recognize rabies 
vaccinations given in other countries.
    We consider rabies vaccination necessary not only to ensure that 
imported dogs do not have rabies, but also to ensure that they are 
protected from rabies after they arrive in the United States. Rabies 
exists in the United States, primarily in wildlife such as raccoons, 
skunks, foxes, and coyotes. It is transmissible, usually through the 
bite of an infected animal, to other mammals, including humans and 
unvaccinated dogs. The rabies virus infects the central nervous system, 
ultimately causing disease in the brain and death. For this reason, the 
rabies vaccine is one of the core vaccinations given to dogs in the 
United States as part of a national rabies prevention and control 
program. It should be noted that the CDC also requires most dogs, 
regardless of age or purpose of importation, to be accompanied by proof 
of rabies vaccination or a confinement agreement if a dog is too young 
to have received a rabies vaccine prior to entry into the United 
States. If a State does not accept rabies vaccination given in a 
foreign country, the importer may have several options, including 
petitioning the State to accept serologic testing of the vaccinated dog 
as proof of immunological protection or having the dog revaccinated 
after consultation with his or her veterinarian.
    One commenter suggested that we add Bordetella bronchiseptica to 
the list of required vaccinations.
    APHIS believes that the current vaccination protocol provides 
adequate immunity protection for the health and well-being of dogs 
imported into the United States for resale. In addition, importers in 
consultation with their veterinarians can elect to include Bordetella 
or other vaccines in their dog's vaccination regimen before or after 
import.
    One commenter stated that we overestimated the cost of vaccinations 
in our economic analysis. The commenter suggested that most commercial 
breeders purchase vaccines from suppliers and administer the vaccines 
themselves at a cost of less than $5 per injection.
    We acknowledge that this may be the case. Our estimates of the 
vaccination costs were based on costs of vaccinations performed at 
veterinary clinics. The economic analysis did state that breeders in 
the United States typically administer the vaccinations themselves. If 
the vaccination costs are lower, the overall costs associated with this 
rule will be lower.

Veterinary Inspection

    Several commenters asked if dogs imported for resale, research, or 
veterinary treatment will be inspected by a veterinarian at the port of 
entry to verify the age and condition of the animals listed on the 
health certificate. Several commenters recommended veterinary 
inspection upon arrival and further recommended that importation of the 
dogs be limited to certain ports of entry where veterinary inspectors 
are available and where dogs can receive veterinary care if they arrive 
in poor health.
    Under this rule, dogs imported for resale, veterinary treatment, or 
research must be examined by a veterinarian licensed in the country of 
export prior to shipment to the United States. Inspectors with U.S. 
Customs and Border Protection will check shipments, including health 
and vaccination certifications for the dogs, upon their arrival in the 
United States for compliance with this rule. Our rule does not require 
additional veterinary inspection upon arrival. If officials at the port 
of entry observe sick or injured dogs in a shipment, they will notify 
Animal Care, which can arrange for appropriate veterinary care if 
needed.

Parasites

    One commenter stated that our rule should require proof of flea, 
tick, and parasite treatment prior to importation. In addition, the 
commenter recommended that dogs found to be infected or sick at the 
port of entry should be placed in a quarantine facility before 
returning to the country of origin.
    While this rule does not require dogs to be treated for parasites 
prior to importation, it does require that a veterinarian in the 
country of export attest on the health certificate that the dog is in 
good health, which includes freedom from parasitic infections. Dogs 
that are imported for resale purposes and found to be infested with 
parasites or to be ill upon arrival are subject to the provisions in 
Sec.  2.153 of this rule, which include being seized and placed

[[Page 48657]]

for veterinary care at the importer's expense.

Exceptions for Veterinary Treatment

    One commenter stated that our rule should contain requirements for 
the transportation and housing of dogs imported for veterinary 
treatment, including a determination that it would not be harmful for a 
dog to travel.
    Under this rule, dogs may be imported for veterinary treatment 
without meeting all of the age, health, and vaccination requirements 
only if a licensed veterinarian in the country of export certifies that 
the dog is in need of veterinary treatment that cannot be obtained in 
the country of export. Additionally, the importer must have completed a 
veterinary treatment agreement with Animal Care and confine the dog 
until the conditions specified in the agreement have been met. 
Confinement entails maintaining the dog in isolation from other animals 
and from people other than those necessary to provide for its care. If 
taken from the building or other enclosure where it is housed, the dog 
should be leashed. Confinement must continue until all terms of the 
veterinary treatment agreement are met. These may include 
determinations by the licensed veterinarian in the United States that 
the dog is in good health, has been adequately vaccinated against DHLPP 
and rabies, and is at least 6 months of age.
    Regarding the suggestion that we require certification that it 
would not be harmful for a dog to travel, we believe it would be very 
difficult for a veterinarian to make such a statement, particularly for 
a dog in need of veterinary treatment. Rather, we expect that 
veterinarians who refer a dog to a U.S. veterinarian for treatment will 
use their professional judgment to weigh the benefits of treatment for 
the dog in the United States with the risks associated with the dog 
traveling to the United States before issuing a health certificate for 
the dog.
    One commenter stated that the regulations should prohibit dogs 
imported for veterinary treatment from being sold after treatment.
    As explained above, the regulations provide exceptions to age, 
health, and vaccination requirements for dogs imported for veterinary 
treatment only when veterinary treatment for that dog cannot be 
obtained in the country of export. We anticipate that relatively few 
dogs will be imported into the United States under these circumstances, 
as veterinary care for most conditions affecting dogs will be available 
in the country of export and the costs for importing a dog into the 
United States for specialized treatment are likely to be quite high. If 
a dog is imported into the United States under this rule for veterinary 
care and is maintained in confinement until all conditions of the 
veterinary treatment agreement are met, the dog may be transferred to 
another person in the United States through a sale or otherwise.
    One commenter said that, as a veterinarian working in foreign 
countries, he had often referred dogs to U.S. veterinarians for 
treatment. He expressed concern that this rule could prevent such 
referrals from being a treatment option.
    This rule allows exceptions to be made to age, vaccination, and 
health requirements for dogs to be imported for veterinary treatment 
that is not available to the dogs in the foreign country.
    One commenter said that the proposed rule did not take into account 
dogs imported ``for dentals, orthopedics, or other procedures.''
    We consider these procedures to be veterinary treatment.

Penalties

    One commenter suggested that the rule include notice that violators 
of the rule are subject to penalties under section 19 of the AWA (7 
U.S.C. 2149).
    The AWA, as amended, provides that any importer that fails to 
comply with the requirements regarding the importation of live dogs 
shall be subject to penalties under section 19 and shall be responsible 
for the care (including appropriate veterinary care), forfeiture, and 
adoption of each applicable dog, at the expense of the importer. 
Section 2149 provides for criminal and civil penalties for violations 
of the AWA, including civil penalties of up to $10,000 for each 
violation. Any person who violates our regulations will be subject to 
these penalties. The regulations include a citation to the AWA in the 
authority citation at the beginning of part 2. We do not believe it is 
necessary to include the language of the statute in the regulations.

Miscellaneous

    One commenter suggested that the estimate of 17,000 dogs imported 
annually seems low.
    This estimate of 17,000 imported dogs is an annual average for 2005 
through 2010 from the foreign trade statistics compiled by the U.S. 
Census Bureau. Since the publication of the proposed rule, the U.S. 
Census Bureau has released updated foreign trade statistics that state 
that 8,634 dogs were imported each year between 2009 and 2013. We have 
revised the regulatory impact analysis to include these updated 
numbers. This data source contains all shipments brought into the 
United States with a fair market value of at least $2,000. The CDC 
estimated that about 287,000 dogs were brought into the United States 
in 2006. However, this total covers all types of dogs, including 
companion animals that are not intended for resale. Because this rule 
primarily covers dogs imported for resale, we focused our cost 
estimates on the import number reported by the U.S. Census Bureau.
    One commenter suggested that these regulations would make the 
practice of brokerage illegal and put people out of business.
    Brokers who import dogs will still be allowed to do so, but they 
must abide by these regulations to ensure the dogs they are importing 
for resale are in good health and meet vaccination and age 
requirements. Brokers who have been dealing exclusively or in large 
part in puppies under the age of 6 months will be affected by the rule 
and may have to change their business model.
    Several commenters stated that requiring puppies to be at least 6 
months of age before they can be imported into the United States will 
eliminate free commerce, eliminate jobs in the United States, and cause 
an increase in the cost of puppies for the ultimate buyer.
    Those businesses that have been dependent on income related to 
imported puppies less than 6 months of age for resale will have to 
change or may go out of business. The rule should have very little 
effect on competition in the market for dogs, however. While the cost 
of imported puppies may increase because of the minimum age 
requirement, the overall effect on competition in the United States 
should be very small. Imported dogs comprise a very small fraction of 
the U.S. dog population. The upper-end estimate of 287,000 dogs 
entering the United States annually (including companion animals in 
addition to those intended for resale) represents less than four-tenths 
of one percent of the U.S. dog population. Buyers who want to purchase 
a dog under 6 months of age will still be able to do so from domestic 
sources. Domestic breeders and wholesalers are likely to see increased 
volumes of business, serving customers who currently rely on foreign 
suppliers. Some current importers are also domestic breeders and will 
likely shift from sales of imported puppies to sales of puppies bred at 
their own domestic facilities.

[[Page 48658]]

Nonsubstantive Change

    We are making a minor editorial change to the language in proposed 
Sec.  2.153 to make it consistent with the language in the AWA. 
Specifically, we are removing the words ``the cost of'' in the phrase 
``. . . any person intending to import the dog shall provide for the 
cost of the care . . . at his or her expense.''
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
change discussed in this document.
Executive Orders 12866 and 13563 and Regulatory Flexibility Act
    This final rule has been determined to be significant for the 
purposes of Executive Order 12866 and, therefore, has been reviewed by 
the Office of Management and Budget.
    We have prepared an economic analysis for this rule. The economic 
analysis provides a cost-benefit analysis, as required by Executive 
Orders 12866 and 13563, which direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. The economic analysis 
also examines the potential economic effects of this rule on small 
entities, as required by the Regulatory Flexibility Act. The economic 
analysis is summarized below. Copies of the full analysis are available 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    The analysis examines impacts of a rule that amends the Animal 
Welfare regulations to prohibit, with certain exceptions, the 
importation of dogs for purposes of resale, research, or veterinary 
treatment, unless they are in good health, have all necessary 
vaccinations, and are 6 months of age or older. The vaccinations are 
rabies vaccination (which is already required by the CDC for imported 
dogs in most instances) and DHLPP vaccination. The rule includes 
limited exceptions for (1) dogs imported for certain research studies 
or veterinary treatment, and (2) dogs lawfully imported into the State 
of Hawaii from the British Isles, Australia, Guam, or New Zealand in 
compliance with applicable regulations of the State of Hawaii, provided 
the dogs are not transported out of the State of Hawaii for resale at 
less than 6 months of age.
    The rule promotes the humane treatment of certain imported dogs and 
benefits most U.S. dog importers and dealers by ensuring that these 
dogs are in good health, vaccinated, and not too young. The benefits of 
these changes include an unquantifiable enhancement of animal welfare. 
The benefits also include the avoided costs of a potential disease 
outbreak. In addition, there could be a positive economic impact for 
U.S. commercial dog breeding facilities, given that puppies currently 
imported at less than 6 months of age compete for the same market, but 
at lower prices. The only entities that may be adversely affected are 
those that currently import dogs, or purchase imported dogs, that do 
not meet the new requirements. There may be a reduction in importers' 
volume of business, to the extent to which the importation of dogs that 
are 6 months of age or older does not replace the importation of 
younger dogs. APHIS does not have information about the demand for 
imported dogs that are younger than 6 months compared to the demand for 
older imported dogs. Buyers who want to purchase a dog under 6 months 
will still be able to do so from domestic sources. Domestic breeders 
and wholesalers are likely to see increased volumes of business, 
serving customers who currently rely on foreign suppliers. Some current 
importers are also domestic breeders and will likely shift from sales 
of imported puppies to sales of puppies bred at their own domestic 
facilities.
    The requirements of this rule may mean additional costs related to 
vaccines, veterinary care, and paperwork for some entities. The cost of 
a complete series of rabies and DHLPP vaccinations can range between 
$60 and $124 per dog. Veterinary care and vaccinations are regular 
responsibilities of owning a companion animal in the United States and 
these requirements of the rule are therefore normal for the care of a 
dog.
    Importers will face increased vaccination and care costs abroad, 
unless they already vaccinate or they qualify for the narrow exceptions 
for dogs imported for certain research studies or veterinary treatment. 
We note that while this rule specifies that dogs imported for resale 
must be vaccinated against rabies prior to entry into the United 
States, rabies vaccinations are already required by CDC for dogs 
imported into the United States but may occur either before or after 
arrival under those rules. Therefore, most of the additional 
vaccination costs associated with this rule are likely to fall on those 
importers that do not already provide DHLPP vaccinations prior to 
entry. Assuming that all imported dogs need both rabies and DHLPP 
vaccinations, and all are at least 6 months of age, the total cost of 
providing the DHLPP vaccinations for imported dogs could range from 
$518,000 to $1.07 million annually, based on the average number of dogs 
imported from 2009 through 2013, as recorded in the U.S. Census 
Bureau's foreign trade statistics. Although DHLPP vaccination is 
expected to represent the single largest cost of the rule (there may be 
costs to obtaining a health certificate as well), APHIS believes that 
many imported dogs already receive this vaccination prior to entry. 
Dogs imported for resale are covered in U.S. Census Bureau statistics. 
However, these statistics may understate the total number of dogs 
affected by the rule, particularly since they do not include shipments 
with a fair market value of less than $2,000.
    Any increase in costs for importers may be wholly or partially 
passed on to entities buying the imported dogs. On the other hand, such 
entities may be positively affected due to the greater assurance that 
an imported dog is in good health and of legal minimum age.
    The Small Business Administration (SBA) has established guidelines 
for determining firms considered to be small under the Regulatory 
Flexibility Act. Importers of live dogs for resale, research, and 
veterinary treatment will be directly affected by this rule. While the 
exact number and size of affected entities is not known, in 2007 there 
were about 12,600 establishments in the generalized category of ``other 
miscellaneous nondurable goods merchant wholesalers'' (NAICS 424990), 
which includes importers of dogs, and about 99 percent of those 
establishments were considered small in 2007.\3\
---------------------------------------------------------------------------

    \3\ U.S. Department of Commerce, Census Bureau, 2007 Economic 
Census.
---------------------------------------------------------------------------

    Theoretically, any change in the number of imported dogs into the 
United States could affect the demand for foreign veterinary services 
and domestic veterinary services, dog products and dog food. However, 
we expect that any impact of the rule on these industries will be 
negligible. Imported dogs comprise a very small fraction of the U.S. 
dog population, well under 1 percent. It is therefore highly unlikely 
that any change because of this rule in the number of imported dogs 
will significantly affect those domestic markets.

[[Page 48659]]

    We believe that the benefits of this rule, including the 
unquantifiable enhancement of animal welfare, justify the costs. 
Benefits of the rule include promoting the humane treatment of covered 
imported dogs in keeping with the requirements of the Animal Welfare 
Act and with standard health practices for dogs in the United States. 
The rule could also yield benefits in preventing the spread of 
communicable diseases by unvaccinated, imported dogs to other dogs or 
humans in the United States.

Executive Order 12988

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

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this final rule, which were 
filed under 0579-0379, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal 
Register providing notice of what action we plan to take.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 851-2908.

List of Subjects in 9 CFR Part 2

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

    Accordingly, we are amending 9 CFR part 2 as follows:

PART 2--REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

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

0
2. Subpart J, consisting of Sec. Sec.  2.150 through 2.153, is added to 
read as follows:
Subpart J--Importation of Live Dogs
Sec.
2.150 Import permit.
2.151 Certifications.
2.152 Notification of arrival.
2.153 Dogs refused entry.

Subpart J--Importation of Live Dogs


Sec.  2.150  Import permit.

    (a) No person shall import a live dog from any part of the world 
into the continental United States or Hawaii for purposes of resale, 
research, or veterinary treatment unless the dog is accompanied by an 
import permit issued by APHIS and is imported into the continental 
United States or Hawaii within 30 days after the proposed date of 
arrival stated in the import permit.
    (b) An application for an import permit must be submitted to the 
Animal and Plant Health Inspection Service, Animal Care, 4700 River 
Road Unit 84, Riverdale, MD 20737-1234 or though Animal Care's Web site 
(http://www.aphis.usda.gov/animal_welfare/). Application forms for 
import permits may be obtained from Animal Care at the address listed 
above.
    (c) The completed application must include the following 
information:
    (1) The name and address of the person intending to export the 
dog(s) to the continental United States or Hawaii;
    (2) The name and address of the person intending to import the 
dog(s) into the continental United States or Hawaii;
    (3) The number of dogs to be imported and the breed, sex, age, 
color, markings, and other identifying information of each dog;
    (4) The purpose of the importation;
    (5) The port of embarkation and the mode of transportation;
    (6) The port of entry in the United States;
    (7) The proposed date of arrival in the continental United States 
or Hawaii; and
    (8) The name and address of the person to whom the dog(s) will be 
delivered in the continental United States or Hawaii and, if the dog(s) 
is or are imported for research purposes, the USDA registration number 
of the research facility where the dog will be used for research, 
tests, or experiments.
    (d) After receipt and review of the application by APHIS, an import 
permit indicating the applicable conditions for importation under this 
subpart may be issued for the importation of the dog(s) described in 
the application if such dog(s) appears to be eligible to be imported. 
Even though an import permit has been issued for the importation of a 
dog, the dog may only be imported if all applicable requirements of 
this subpart and any other applicable regulations of this subchapter 
and any other statute or regulation of any State or of the United 
States are met.
    (Approved by the Office of Management and Budget under control 
number 0579-0379)


Sec.  2.151  Certifications.

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

[[Page 48660]]

than 3 months of age at the time of vaccination that:
---------------------------------------------------------------------------

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

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

    (Approved by the Office of Management and Budget under control 
number 0579-0379)


Sec.  2.152  Notification of arrival.

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


Sec.  2.153  Dogs refused entry.

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

    Done in Washington, DC, this 12th day of August 2014.
Gary Woodward,
Deputy Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 2014-19515 Filed 8-15-14; 8:45 am]
BILLING CODE 3410-34-P