Trade Groups Ask Congressional Leaders to Intervene on CDC Rule on Importing Dogs
The National Customs Brokers & Forwarders Association of America, the International Air Transport Association and three other trade groups have asked House and Senate leaders to compel the Centers for Disease Control and Prevention to delay the implementation of a rule that would affect the importation of dogs into the U.S.
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CDC’s final rule makes “significant changes” to the importation requirements for dogs as part of the agency’s attempt to address the public health risks associated with dog-maintained rabies virus variant (DMRVV), the groups say in their July 12 letter, provided to International Trade Today in an email. The CDC rule, issued May 13, is scheduled to take effect Aug. 1.
According to the groups, the modifications to import requirements are too far-reaching, affecting even service dogs. They say the rule requires airlines to issue an air waybill for all dogs entering the U.S., even service dogs, that are carried in the cabin of an aircraft or checked in as baggage. Doing so would depart from the existing procedure of using an air waybill only for actual cargo that is subject to CBP and TSA clearance procedures.
Tinkering with existing procedures on what content to include in an air waybill might also heighten the risk of producing inaccurate manifests, which can also raise flight safety and security risks in turn, according to the groups.
“Despite concerns raised by airlines during the rulemaking process about the use of [air waybills], the CDC has taken the position that if an airline is able to issue an [air waybill] in the cargo environment it should be able to do so in the passenger environment as well. However, the CDC does not appear to appreciate that this new requirement will require the development of entirely new systems and processes to be able to generate [air waybills] at the gate," said the letter signed by NCBFAA, IATA, Airlines for America, the American Kennel Club and Paralyzed Veterans of America.
“As such, due to the extremely short implementation timeline for the rule (less than 3 months), it is highly likely that many airlines will choose to deny transport of all dogs, including service dogs, to the U.S. in the cabin or as checked luggage until such time as the appropriate processes and systems can be implemented. This is a situation that airlines would clearly like to avoid," the groups continued.
The groups also said the CDC rule might be incompatible with Department of Transportation regulations under the Air Carrier Access Act. Under the act, airlines must carry service dogs in the passenger cabin. But if the CDC rule goes into effect, the airlines may be confronted with scenarios in which a passenger with a disability arrives at the airport without an air waybill, and the airline must decide whether to allow the dog to travel, the groups said.
The groups said they have submitted a formal request to CDC to extend the date that the rule would become effective, and they are proposing to establish a working group that could create an alternative document that could accomplish CDC’s goal.
“This new requirement represents a fundamental departure from global industry standards and practices by introducing a cargo-only document and processes into the passenger environment,” the groups said.
On the Senate side, the groups sent the letter to Commerce Committee Chair Sen. Maria Cantwell, D-Wash., and ranking member Sen. Ted Cruz, R-Texas, and to Aviation Safety Subcommittee Chair Sen. Tammy Duckworth, D-Ill., and ranking member Sen. Jerry Moran, R-Kan.
On the House side, the letter went to Committee on Transportation and Infrastructure Chairman Rep. Sam Graves, R-Mo., and ranking member Rep. Rick Larsen, D-Wash., and to Aviation Subcommittee Chairman Rep. Garret Graves, R-La., and ranking member Rep. Steve Cohen, D-Tenn.
The American Kennel Club issued two explanations of the CDC rule.