82 FR 27831 - Notice of Changes in Permit Application To Import a Dog Inadequately Immunized Against Rabies

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention

Federal Register Volume 82, Issue 116 (June 19, 2017)

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.

[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27831-27832]
From the Federal Register Online  [www.thefederalregister.org]
[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 [email protected].

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 [email protected], 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]
 BILLING CODE 4163-18-P