Federal Register, Volume 82 Issue 116 (Monday, June 19, 2017)
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27831-27832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12439]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Notice of Changes in Permit Application To Import a Dog
Inadequately Immunized Against Rabies
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice.
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SUMMARY: The Centers for Disease Control and Prevention (CDC) in the
Department of Health and Human Services (HHS) announces changes in the
application process to import a dog inadequately immunized against
rabies. As a result of these changes, at least 10 business days before
arriving into the United States with an inadequately immunized dog, an
importer must apply online at https://www.cdc.gov/importation/ for a
Permit to Import a Dog Inadequately Immunized against Rabies. Permit
applications to import an inadequately immunized dog will not be
available at the port of entry and no permits will be issued at the
port of entry. Inadequately immunized dogs arriving at a port of entry
without an approved permit will be denied entry into the United States
and exported to its country of origin at the owner's expense.
DATES: This notice is effective August 18, 2017.
FOR FURTHER INFORMATION CONTACT:
For information regarding this notice contact: Ashley A. Marrone,
J.D., Division of Global Migration and Quarantine, Centers for Disease
Control and Prevention, 1600 Clifton Road NE., MS-E03, Atlanta, GA
30329.
For information regarding CDC operations related to this notice
contact: Kendra Stauffer, D.V.M., Division of Global Migration and
Quarantine, Centers for Disease Control and Prevention, 1600 Clifton
Road NE., MS-E28, Atlanta, GA 30329. Either may also be reached by
telephone 404-498-1600 or email CDCAnimalImports@cdc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 361 of the Public Health Service Act (PHS Act) (42
U.S.C. 264), the Secretary of Health and Human Services, has the
authority to make and enforce regulations necessary to prevent the
introduction, transmission, or spread of communicable diseases from
foreign countries into the United States and between U.S. states and
territories. For purposes of carrying out and enforcing such
regulations, the Secretary may authorize a variety of public health
measures, including inspection, fumigation, disinfection, sanitation,
pest extermination, destruction of animals or articles found to be
sources of dangerous infection to human beings, and other measures.
Since 1956, federal quarantine regulations have controlled the entry of
dogs into the United States. See 21 FR 9870 (Dec. 12, 1956). Currently,
HHS/CDC regulates the import of dogs into the United States under
regulations found at 42 CFR 71.51. Among the principal concerns for
regulating the import of dogs is to prevent the introduction and spread
of rabies. Authority for carrying out 42 CFR 71.51 has been delegated
to HHS/CDC's Division of Global Migration and Quarantine (DGMQ), which
staffs and maintains quarantine stations at major U.S. ports of entry.
DGMQ oversees the import of dogs into the United States to ensure
that dogs show no signs of communicable disease upon arrival and are
vaccinated against rabies. Under 42 CFR 71.51, the owner or owner's
agent must present a valid rabies vaccination certificate for a dog
upon arrival at a U.S. port of entry. The only exceptions to this
requirement are if the owner or agent submits satisfactory evidence
that the dog, for the previous 6 months before arrival, has only been
in a country that does not present a risk for canine rabies or the dog
is to be taken to a research facility and vaccination would interfere
with the purposes of the research.
Under 42 CFR 71.51(c)(2), however, the CDC Director may authorize
admission of an inadequately immunized dog if the owner or owner's
agent agrees to confine the dog under conditions that restrict its
contact with humans and other animals until it is fully immunized
against rabies. Under these circumstances, if the date of vaccination
shown on the vaccination certificate is less than 30 days before the
date of arrival and the dog was 3 months of age or older when
vaccinated, the dog may be admitted into the United States, but must be
confined until at least 30 days have elapsed since the date of
vaccination. If the dog is unvaccinated upon arrival and is at least 3
months of age or older, it may be admitted, but must be confined until
it is vaccinated against rabies and 30 days have elapsed since
vaccination. If the dog is either unvaccinated or partially immunized
upon arrival and is less than 3 months of age, it may be admitted, but
must be confined until vaccinated against rabies at 3 months of age and
for at least 30 days after the date of vaccination.
In 2014, HHS/CDC published guidance in the Federal Register
clarifying that it allows an owner or agent to import an inadequately
immunized dog into the United States only for purposes of personal pet
ownership. See 79 FR 39403 (July 20, 2014). This document also
described the criteria that HHS/CDC uses in determining whether to
issue a dog confinement agreement that allows the entry into the United
States and confinement of a dog until it is adequately immunized
against rabies. The document further described the steps that an
importer may take if an imported dog is denied entry into the United
States, including the availability of a written appeal.
Through today's document, HHS/CDC is informing the public that it
is changing its application process from a paper-based dog confinement
agreement system to a web-based application and electronic permit
system (Permit to Import a Dog Inadequately Immunized against Rabies).
Effective August 18, 2017, an owner or owner's agent must apply for a
Permit to Import a Dog Inadequately Immunized against Rabies at least
10 business days before arriving into the United States with an
inadequately immunized dog through this web-based system. Permit
applications to import an inadequately immunized dog will not be
available at the port of entry and no permits will be issued at the
port of entry. Inadequately immunized dogs arriving at a port of entry
without an approved permit will be denied entry into the United States
and re-exported to the country of origin at the owner's expense.
II. Provisions of This Notice
Effective, August 18, 2017, at least 10 business days before
arriving into the United States with an inadequately immunized dog, an
importer must apply online at https://www.cdc.gov/importation/ for a
Permit to Import a Dog Inadequately Immunized against Rabies.
[[Page 27832]]
DGMQ will review a permit application within 3-5 business days of
receiving the application and apply the criteria in Federal Register
notice published at 79 FR 39403 (July 20, 2014). If the application is
approved, a permit will be emailed to the dog's owner. The owner must
present the permit to the Customs and Border Protection (CBP) officer
at the first arriving port of entry into the United States. The permit
will be collected by the CBP officer and sent to CDC.
If the permit application is denied, DGMQ will email the reasons
for the denial to the dog's owner within 3-5 business days of receiving
the application. The email will include instructions on whom to
contact, including name, address, and telephone number, if the dog's
owner has any questions, as well as information on how to submit an
appeal. In accordance with current procedures, individuals who wish to
contest CDC's determination will have five business days after
receiving the denial to submit a written appeal. The individual must
submit the appeal via email to cdcanimalimports@cdc.gov, state the
reasons for the appeal, and show that there is a genuine and
substantial issue of fact in dispute. CDC will issue a response via
email, which will constitute final agency action. The appeal will be
reviewed and decided upon by a CDC senior management official who is
senior to the employee who denied the initial permit application. In
keeping with current practice, a successful appeal of a denial only
permits the owner to import the dog into the United States at a later
date under the requirements set forth in a dog import permit. The
appeal does not entitle the owner to recover any costs related to
returning a dog that has been denied entry to its country of origin and
reimporting the dog into the United States. An owner or owner's agent
will not be allowed to board a dog or arrange for its confinement at a
port of entry pending a determination regarding the importer's
application to import an inadequately immunized dog. Accordingly,
inadequately immunized dogs arriving at a port of entry without an
approved permit will be denied entry into the United States and re-
exported to its country of origin at the owner's expense.
III. Paperwork Reduction Act
This change does not institute a new collection of information. The
collection of information, has been previously approved by the Office
of Management and Budget (OMB) in accordance with the requirements of
the Paperwork Reduction Act (44 U.S.C. 3507) and assigned the following
OMB control number: Foreign Quarantine: OMB Control No. 0920-0134,
expiration date 5/31/2019.
Dated: June 12, 2017.
Sandra Cashman,
Executive Secretary, Centers for Disease Control and Prevention.
[FR Doc. 2017-12439 Filed 6-16-17; 8:45 am]
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