Regulatory Analyst

Following publication of a related final rule in May 2024, CDC received considerable feedback regarding the rule’s requirements for dogs entering from low risk and rabies-free countries. In response, CDC quickly implemented temporary flexibilities prior to the rule’s effective date. Implementing these temporary flexibilities alleviated the most pressing concerns regarding burden and prevented travel disruptions.

Targeted modification of these regulatory requirements is needed to ensure that they are proportionate to the public health risk. By refining these requirements, we can strike a better balance between protecting public health and minimizing unnecessary burden importers from low-risk and rabies-free countries. This approach acknowledges a minimal increase in the possibility of fraudulent importation, but the benefits are substantial: improved public compliance, streamlined processes, and significantly reduced burden for those importing dogs from the lowest-risk countries. In addition to alleviating the burden of individuals importing dogs, we are also working closely with airlines to provide additional flexibilities for air waybill requirements.

Congressional and interagency partners (including Department of State), foreign governments, airlines, rescue groups, disability advocates, and breeders have welcomed the temporary flexibilities and remain interested in maintaining simpler and less burdensome importation requirements in the long-term.

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The primary legal authority supporting this proposed rule is section 361 of the Public Health Service Act (PHS Act) (42 U.S.C. 264). Under section 361, the Secretary of HHS (Secretary) may make and enforce such regulations as in the Secretary's judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the United States and from one State or possession into any other State or possession. It also authorizes the Secretary to promulgate and enforce a variety of public health regulations to prevent the spread of communicable diseases, including through 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 at least 1956, federal quarantine regulations (currently found at 42 CFR 71.51) have controlled the entry of dogs and cats into the United States.

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We have considered maintaining existing dog importation requirements, which would provide the highest level of protection against the importation of DRMVV. However, we have determined that reducing the requirements for low-risk dog importations would substantially lower burden while retaining appropriate public health protections. This approach aligns with Section 4(c)(1)(B) of Executive Order 12866, which calls for regulations to be tailored to the level of risk and to avoid imposing unnecessary costs. Furthermore, maintaining current requirements would conflict with the mandate in Executive Order 14219 to reduce regulatory burdens wherever possible.

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While formal economic estimates are still in progress, CDC’s preliminary analysis indicates that the proposed revisions to 42 CFR 71.51 will generate substantial cost savings and increased flexibilities for individual travelers, government agencies, and commercial airlines. Current estimates suggest that these changes could result in annualizednet cost-savings of $5-$43 million.

The primary source of cost savings stems from streamlining documentation requirements for dogs imported from rabies-free and low-risk countries. By streamlining these requirements, the rule will significantly reduce administrative, compliance, and processing costs for importers. Instead, the only requirement will be a CDC Dog Import Form receipt.

In addition to the cost-savings, the proposed changes will enhance travel flexibility for individuals and organizations, making it easier to import dogs from low-risk countries without unnecessary delays or disruptions. 

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Adopting reduced documentation requirements for dogs imported from low-risk and rabies-free countries is a targeted approach that aligns regulatory oversight with the public health risk posed by these importations. The primary risk associated with this approach is a small increase in the possibility of fraudulent importation attempts, such as falsified documentation or misrepresentation of a dog’s country of origin or rabies status. However, this risk is mitigated by several factors:

Low Baseline Risk: Dogs imported from countries classified as low-risk or rabies-free have a minimal likelihood of carrying DMRVV, as these countries maintain robust rabies control and surveillance programs. Historical data and international standards support the low risk associated with these importations.

Retained Safeguards: While documentation requirements are being streamlined, essential safeguards remain in place to verify the origin and health status of imported dogs. These measures continue to provide a strong layer of protection against the introduction of rabies and other diseases.The proposed rule would maintain the Director’s authority to deny the entry of dogs who do not appear healthy upon arrival.

Improved Compliance: Simplifying requirements is expected to increase public compliance, as importers are more likely to follow clear and reasonable rules. Higher compliance rates further reduce the risk of inadvertent or intentional violations.

This approach is consistent with Section 4(c)(1)(D) of Executive Order 12866, which directs agencies to ensure that regulations are proportionate to the risks addressed. By focusing regulatory efforts where they are most needed, we maintain effective public health protections while minimizing unnecessary burdens.

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