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###### Department of Agriculture

###### Food Safety and Inspection Service

          - [Docket No. FSIS-2022-0018]

# AGENCY:

Food Safety and Inspection Service, USDA.

# ACTION:

Notice and request for comments.

# SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to revise the approved information collection regarding certificates of medical examination. There has been an increase in hiring and an increase in applications for Reasonable Accommodation. As a result, the Agency has increased the burden estimate by 733 hours. FSIS has also discontinued use of the Leave Bank Program form. The approval for this information collection will expire on November 20, 2022.

# DATES:

Submit comments on or before September 19, 2022.

# ADDRESSES:

                        FSIS invites interested persons to submit comments on this                         **Federal Register**                         notice. Comments may be submitted by one of the following methods:                    
      -  Federal eRulemaking Portal:                          This website provides commenters the ability to type short comments directly into the comment field on the web page or to attach a file for lengthier comments. Go to                          https://www.regulations.gov.                          Follow the on-line instructions at that site for submitting comments.                    
      -  Mail:                          Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700.                    
      -  Hand- or Courier-Delivered Submittals:                          Deliver to 1400 Independence Avenue SW, Washington, DC 20250-3700.                    

*Instructions:*                         All items submitted by mail or electronic mail must include the Agency name and docket number FSIS-2022-0018. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to                         *https://www.regulations.gov.*

*Docket:*                         For access to background documents or comments received, call (202) 205-0495 to schedule a time to visit the FSIS Docket Room at 1400 Independence Avenue SW, Washington, DC 20250-3700.                    

# FOR FURTHER INFORMATION CONTACT:

Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW, Mailstop 3758, South Building, Washington, DC 20250-3700; (202) 720-5627.

# SUPPLEMENTARY INFORMATION:

*Title:*                     Certificates of Medical Examination.                

*OMB Number:*                     0583-0167.                

*Type of Request:*                     Request to revise an approved information collection.                

*Abstract:*                     FSIS has been delegated the authority to exercise the functions of the Secretary (7 CFR 2.18, 2.53), as specified in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601,                     *et seq.*), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451,                     *et seq.*), and the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031,                     *et seq.*). These statutes mandate that FSIS protect the public by verifying that meat, poultry, and egg products are safe, wholesome, unadulterated, and properly labeled and packaged.                

                    The current information collection approval includes two FSIS forms that are completed by healthcare providers for medication certification. First, FSIS uses Form 4339-1, “Certificate of Medical Examination (with Medical History)” to determine whether an applicant for a Food Inspector, Consumer Safety Inspector, or Veterinary Medical Officer in-plant position meets the medical qualification standards for the position approved by the Office of Personnel Management (OPM). The certificates of medical examination ensure accurate collection of the required data. The OPM-approved medical qualification standards apply only to positions in FSIS, not positions in other Federal agencies. When requesting that applicants for the                           ( print page 42992)                        positions listed above undergo the medical examination, a representative of FSIS notifies the applicants in writing of the reasons for the examination, the process, and the consequences of the failure to report for an examination or provide medical documentation. Any physical condition that would hinder an individual's full, efficient, and safe performance of his or her duties is considered disqualifying for employment, except when the individual presents convincing evidence that he or she can perform the essential functions of the job efficiently and without hazard.                

Second, FSIS uses Form 4306-5, “Medical Documentation for Employee's Reasonable Accommodation Request,” to help determine whether the Agency will provide reasonable accommodation to qualified individuals. In accordance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments Act of 2008, FSIS makes reasonable accommodations for the known physical or mental limitations of qualified individuals with disabilities, unless the accommodation would impose an undue hardship on the operation of FSIS. FSIS requires medical information from a health care provider to determine whether the person's condition rises to the level of disability under the law and to determine whether the limitations can be effectively accommodated.

There has been an increase in hiring and an increase in applications for Reasonable Accommodation. As a result, the Agency has increased the burden estimate by 733 hours. FSIS has also discontinued use of FSIS Form 4630-7 “Confidential Medical Information,” because the Leave Bank Program now accepts a Department of Labor form. The approval for this information collection will expire on November 20, 2022.

FSIS has made the following estimates based upon an information collection assessment:

*Estimate of Burden:*                     FSIS estimates that it will take each respondent an average of 90 minutes to complete the FSIS Form 4339-1, 10 minutes to complete the FSIS Form 4306-5, and 15 minutes to complete the FSIS Form 4630-8.                

*Respondents:*                     Health Care Providers.                

*Estimated Total Number of Annual Respondents:*                     1,250 respondents.                 

*Estimated Number of Responses per Respondent:*                     1.                

*Estimated Total Annual Burden on Respondents:*                     1,524 hours.                

All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Copies of this information collection assessment can be obtained from Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW, Mailstop 3758, South Building, Washington, DC 20250-3700; (202) 720-5627.

*Comments are invited on:*                     (a) whether the proposed collection of information is necessary for the proper performance of FSIS' functions, including whether the information will have practical utility; (b) the accuracy of FSIS' estimate of the burden of the proposed collection of information, including the validity of the method and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology. Comments may be sent to both FSIS, at the addresses provided above, and the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, DC 20253.                

## Additional Public Notification

                    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this                     **Federal Register**                     publication on-line through the FSIS web page located at:                     *https://www.fsis.usda.gov/​federal-register.*

                    FSIS will also announce and provide a link to this                     **Federal Register**                     publication through the FSIS                     *Constituent Update,*                     which is used to provide information regarding FSIS policies, procedures, regulations,                     **Federal Register**                     notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The                     *Constituent Update*                     is available on the FSIS web page. Through the web page, FSIS can provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at:                     *https://www.fsis.usda.gov/​subscribe.*                     Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves and have the option to password protect their accounts.                

## USDA Non-Discrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

                    Persons with disabilities who require alternative means of communication for program information (                    *e.g.,*                     Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.                

                    To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at                     *https://www.usda.gov/​oascr/​how-to-file-a-program-discrimination-complaint*                     and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992.                

                    Submit your completed form or letter to USDA by: (1)                     *mail:*                     U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; (2)                     *fax:*                     (202) 690-7442; or (3)                     *email: program.intake@usda.gov.*

USDA is an equal opportunity provider, employer, and lender.

Paul Kiecker,

Administrator.

[FR Doc. 2022-15318 Filed 7-18-22; 8:45 am]

BILLING CODE 3410-DM-P