[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.
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(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.
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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