[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Proposed Rules]
[Pages 66304-66306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20952]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2022-0014]


Importation of Live Dogs for Resale From Regions Where African 
Swine Fever Exists or Is Reasonably Believed to Exist

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations to establish 
requirements regarding the importation of live dogs for resale, whether 
through retail or wholesale channels or fee-based adoption, from 
regions where African swine fever (ASF) exists or is reasonably 
believed to exist. These regulations are necessary because dogs 
imported from ASF-affected countries for resale purposes, along with 
bedding, represent a potential risk for the introduction of ASF into 
the United States. This action would address that risk.

DATES: We will consider all comments that we receive on or before 
November 27, 2023.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2022-0014 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2022-0014, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at www.regulations.gov or in our reading room, which is 
located in Room 1620 of the USDA South Building, 14th Street and 
Independence Avenue SW, Washington, DC. Normal reading room hours are 8 
a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure 
someone is there to help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Mary Kate Anderson, Staff 
Veterinary Medical Officer, Live Animal Imports, Veterinary Services, 
APHIS, 4700 River Road, Riverdale, MD 20737; (301) 851-3300; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under the Animal Health Protection Act (AHPA, 7 U.S.C. 8301 et 
seq.), the Secretary of Agriculture may prohibit or restrict the 
importation or entry of any animal, article, or means of conveyance if 
the Secretary determines that the prohibition or restriction is 
necessary to prevent the introduction into or dissemination within the 
United States of any pest or disease of livestock.
    Pursuant to this authority, the Animal and Plant Health Inspection 
Service (APHIS) administers the regulations in 9 CFR part 93. The 
regulations in part 93 govern the importation of live animals into the 
United States, and place restrictions on the importation of certain 
species or types of animals in order to address the risk that the 
animals present of introducing or disseminating diseases or pests of 
livestock.
    The regulations in part 93 currently include requirements regarding 
the importation of live swine in order to address the risk that the 
swine may present of introducing African swine fever (ASF) into the 
United States; Sec.  93.505 requires swine imported into the United 
States to be accompanied by a certificate attesting that the region of 
origin of the swine is free of ASF. ASF is a highly contagious disease 
of wild and domestic swine that can spread rapidly in swine populations 
with extremely high rates of morbidity and mortality.
    APHIS monitors possible pathways of introduction of ASF into the 
United States and has identified dogs imported from ASF-affected 
countries for resale purposes, along with their bedding, as a potential 
pathway for introduction of ASF into the United States. Dogs for resale 
includes any transfer of ownership or control of an imported dog of 
less than 6 months of age to another person, for more than de minimis 
consideration (this includes such transactions as retail sale, 
wholesale, and fee-based adoption). Accordingly, on August 2, 2021, 
APHIS issued a Federal Order (DA-2021-01),\1\ effective on August 16, 
2021, imposing several requirements on the importation of dogs for 
resale from regions where ASF exists or is reasonably believed to 
exist. The Federal Order requires:
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    \1\ https://www.aphis.usda.gov/import_export/downloads/vs-federal-order-asf.pdf.
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     The U.S. importer must obtain an APHIS Animal Care import 
permit for dog(s) intended for resale and satisfy all import 
requirements.
     The dog(s) imported for resale must also meet all of the 
following APHIS Veterinary Services (VS) import requirements:
    [cir] The dog(s) and their shipping crate/container must be free of 
dirt, wood shavings, hay, straw, or any other organic/natural bedding 
material.
    [cir] All bedding that accompanies the dog(s) during transit must 
be properly disposed of at the post-entry point(s) of concentration in 
a way that prevents the introduction or spread of ASF.
     Disposal methods may include incineration; or disinfecting 
the bedding with an APHIS-approved disinfectant, placing the bedding in 
a leakproof bag, sealing the bag, disinfecting the bag exterior with an 
APHIS-approved disinfectant, inserting the disinfected bag into another 
leakproof bag, sealing that bag, disinfecting the bag exterior with the 
same disinfectant product, and disposing of the bag in a landfill in 
accordance with all State and local regulations.
    [cir] Dog(s) must have an International Standards Organization 
(ISO) compliant microchip implanted, and the microchip number must be 
verified

[[Page 66305]]

immediately before the animal is bathed.
     To certify a microchip as ISO compliant, the microchip 
must operate at a radio frequency of 134.2 kHz. ISO microchip numbers 
usually contain 15 digits.
    [cir] Dog(s) must be bathed at the U.S. post-entry point(s) of 
concentration within 2 calendar days of arrival at the U.S. port of 
entry, and completion of this requirement must be documented on the VS 
Dog Import Record.
     U.S. post-entry point(s) of concentration are the first 
location where shipments of imported dog(s) are directly moved to 
following arrival at the U.S. port of entry.
    Both parts of the VS Dog Import Record must be completed and 
submitted for each shipment of imported dog(s) intended for resale.
     Part 1 of the VS Dog Import Record must include the 
following information:
    [cir] The name, phone number, email, and address of the importer.
    [cir] The country of origin.
    [cir] The APHIS Animal Care import permit number.
    [cir] The number of dogs shipped.
    [cir] The U.S. port of entry.
    [cir] The date of the dog(s)' arrival in the United States.
    [cir] The address(es) of the first U.S. post-entry point(s) of 
concentration.
    [cir] Importer certification and signature.
     Part 2 of the VS Dog Import Record must include the 
following information:
    [cir] The APHIS Animal Care import permit number.
    [cir] Each dog's name (if applicable), microchip number, age, 
gender, breed, color/markings, and the date of bath completion.
    [cir] The name, phone number, email, and signature of the importer.
    [cir] The name, phone number, email and signature of the bather(s).
     Upon arrival at the U.S. post-entry point(s) of 
concentration, all bedding that accompanied the dog(s) during shipping 
must be properly disposed of.
     The individual microchip number must be verified 
immediately before each animal is bathed.
     The dog(s) must be bathed at the U.S. post-entry point(s) 
of concentration within 2 calendar days following entry into the United 
States. Completion of this requirement must be documented on the VS Dog 
Import Record and signed by the importer and bather(s).
     The VS Dog Import Record verifying the completion of all 
VS import requirements for every dog in the shipment must be submitted 
to APHIS within 2 business days following the dogs' entry into the 
United States.
     VS may require, at its discretion, animal inspection at 
the post-entry point(s) of concentration in the United States to verify 
import requirements were met. APHIS is proposing to add the above 
requirements, by adding paragraph (c) to Sec.  93.600.
    In general, the proposed regulation adheres to the requirements of 
the Federal Order. However, we are proposing one change with regard to 
unique identification of the dogs. While the Federal Order requires the 
microchip to be ISO-compliant and operate at a specific radio 
frequency, we are instead proposing that the microchip must meet APHIS-
approved standards in providing unique identification. The list of such 
approved standards would be maintained on the internet at https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/dog-import-into-us/import-live-dogs-into-us, and we would publish a notice in the Federal 
Register if we update the list.
    The list would currently state that microchips that are ISO-
compliant and operate at a radio frequency of 134.2 kHz are APHIS-
approved. However, if ISO adopts an alternate frequency that APHIS 
evaluates and finds acceptable, or should a different international 
standards body arise that is equivalently stringent to ISO, this 
deviation from the Federal Order would provide APHIS with sufficient 
flexibility to make changes to the list of acceptable identification to 
meet the terms of the regulations in a manner that does not require 
rulemaking.

Executive Orders 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below.
    APHIS has determined that dogs imported from ASF affected countries 
for resale purposes, along with their bedding, represent a possible 
pathway for the introduction of disease. To block this pathway, APHIS 
issued a Federal Order (DA-2021-01) imposing several restrictions on 
the importation of dogs for resale from regions where ASF exists or is 
reasonably believed to exist.
    ASF is found in countries around the world. More recently, it has 
spread to the Dominican Republic and Haiti. ASF has also spread through 
China, Mongolia and Vietnam, as well as within parts of the European 
Union.
    Animal breeders and importers may be affected by this rulemaking. 
They will have to spend additional time to complete and submit the 
required documents. Importers will need to verify that they have met 
these restrictions by completing and submitting a Dog Import Record 
that will record information regarding the dogs' characteristics, 
identification, origin, entry into the United States, disposition of 
their bedding and packing material, and confirmation of bathing.
    The U.S. importer must obtain an APHIS Animal Care (AC) import 
permit for dog(s) intended for resale, and satisfy all import 
requirements therein, including age and vaccination requirements. The 
dog(s) imported for resale must also meet all of the following APHIS 
Veterinary Services (VS) import requirements. The dog(s) and their 
shipping crate/container must be free of dirt, wood shavings, hay, 
straw, or any other organic/natural bedding material. All bedding that 
accompanies the dog(s) during transit must be properly disposed of at 
the post-entry point(s) of concentration in a way that prevents the 
introduction or spread of ASF. Dog(s) must have an International 
Standards Organization (ISO) compliant microchip implanted, and the 
microchip number must be verified immediately before the animal is 
bathed. Dog(s) must be bathed at the U.S. post-entry point(s) of 
concentration within 2 calendar days of arrival at the U.S. port of 
entry, and completion of this requirement must be documented on the VS 
Dog Import Record.
    We have reason to believe that many of these requirements, such as 
microchipping and bathing, are routine industry practices and that 
entities will incur at most minimal additional costs in implementing 
them. Accordingly, based on the information we have, there is no reason 
to conclude that adoption of this proposed rule would result in any 
significant economic effect on a substantial number of small entities. 
However, we do not currently have all of the data necessary for a 
comprehensive analysis of the effects of this proposed rule on small 
entities. Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with

[[Page 66306]]

State and local officials. (See 2 CFR chapter IV.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). The information collection activities in this 
proposed rule are included under the Office of Management and Budget 
(OMB) control number 0579-0478 which has been submitted to OMB for 
approval.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mr. Joseph 
Moxey, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2483.

List of Subjects in 9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Reporting and recordkeeping requirements.

    Accordingly, APHIS proposes to amend 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

0
1. The authority citation for part 93 continues to read as follows:

    Authority:  7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

0
2. Amend Sec.  93.600 by adding paragraph (c) to read as follows:


Sec.  93.600  Importation of dogs.

* * * * *
    (c) Dogs imported for resale purposes from regions where African 
swine fever exists or is reasonably believed to exist. In order for a 
dog for resale purposes (any transfer of ownership or control of an 
imported dog of less than 6 months of age to another person, for more 
than de minimis consideration) to be imported from a region listed in 
accordance with Sec.  94.8(a)(2) of this subchapter as a region in 
which African swine fever (ASF) exists or is reasonably believed to 
exist, the following requirements must be met:
    (1) Permitting. The U.S. importer must obtain an import permit in 
accordance with Sec.  2.150 of this chapter for any dog intended for 
resale, and satisfy all import requirements in Sec. Sec.  2.150 through 
2.152 of this chapter, including age and vaccination requirements.
    (2) Cleaning and disinfecting. The dogs and their shipping crate/
container must be free of dirt, wood shavings, hay, straw, or any other 
organic/natural bedding material. Additionally, all bedding that 
accompanies the dog(s) during transit must be properly disposed of at 
the U.S. post-entry point(s) of concentration in a way that prevents 
the introduction or spread of ASF. U.S. post-entry points of 
concentration are the first location where shipments of imported dogs 
are directly moved to following arrival at the U.S. port of entry. 
Disposal methods include:
    (i) Incineration; or
    (ii) Disinfecting the bedding with a disinfectant specified by 
APHIS for use in mitigating ASF, placing the bedding in a leakproof 
bag, sealing the bag, disinfecting the bag exterior with the same 
disinfectant product, inserting the disinfected bag into another 
leakproof bag, sealing that bag, disinfecting the bag exterior with the 
same disinfectant product, and disposing of the bag in a landfill in 
accordance with all State and local regulations.
    (3) Bathing. Dogs must be bathed at the U.S. post-entry point of 
concentration within 2 calendar days of arrival at the U.S. port of 
entry, and completion of this requirement must be documented on a VS 
Dog Import Record.
    (4) Identification. Dogs must have a microchip implanted that meets 
APHIS-approved standards in providing unique identification. A list of 
all such standards is found on https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/dog-import-into-us/import-live-dogs-into-us. 
APHIS will publish a notice in the Federal Register if the list of 
identification standards is updated. Immediately before a dog is bathed 
in accordance with paragraph (c)(3) of this section, the party bathing 
the dog must verify that the dog has met the requirements of this 
paragraph (c)(4).
    (5) Certification. The VS Dog Import Record verifying the 
completion of all VS import requirements for every dog in the shipment 
must be signed by the importer and bather and submitted to APHIS within 
2 business days following the dogs' entry into the United States. Both 
parts of the VS Dog Import Record, as listed in this paragraph (c)(5), 
must be completed and submitted for each shipment of imported dogs 
intended for resale.
    (i) Part 1 of the VS Dog Import Record must include the following 
information:
    (A) The name, phone number, email, and address of the importer;
    (B) The country of origin of the dog(s);
    (C) The APHIS Animal Care import permit number;
    (D) The number of dogs shipped;
    (E) The U.S. port of entry;
    (F) The date of the dog(s)' arrival in the United States;
    (G) The addresses of the first U.S. post-entry points of 
concentration; and
    (H) Importer certification and signature.
    (ii) Part 2 of the VS Dog Import Record must include the following 
information:
    (A) The APHIS Animal Care import permit number;
    (B) Each dog's name (if applicable), microchip number, age, gender, 
breed, color/markings, and the date of bath completion;
    (C) The name, phone number, email, and signature of the importer; 
and
    (D) The name, phone number, email, and signature of the bather(s).
    (6) Non-compliance. Non-compliance with any of APHIS' import 
requirements by an importer could result in appropriate enforcement or 
remedial actions, including refusal of entry.
* * * * *

    Done in Washington, DC, this 21st day of September 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-20952 Filed 9-26-23; 8:45 am]
BILLING CODE 3410-34-P