[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Pages 32704-32705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14509]



Food Safety and Inspection Service

[Docket No. FSIS-2019-0018]

Notice of Request for Revision of an Approved Information
Collection: Certificates of Medical Examination

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. FSIS is adding two new forms to the existing information
collection. The Agency has increased the burden estimate by 59 hours
due to the addition of these forms. The approval for this information
collection will expire on January 31, 2022.

DATES: Submit comments on or before September 9, 2019.

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
http://www.regulations.gov. Follow the on-line instructions at that
site for submitting comments.
     Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety and Inspection Service, 1400
Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250-
     Hand- or courier-delivered submittals: Deliver to 1400
Independence Avenue SW, Room 6065, Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2019-0018. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received,
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Room 6065, 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, Room 6065, South Building, Washington, DC
20250-3700; (202) 720-5627.

    Title: Certificates of Medical Examination.
    OMB Control Number: 0583-0167.
    Expiration Date: 1/31/2022.
    Type of Request: Revision of 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.
    FSIS is requesting revision of the approved information collection
regarding certificates of medical examination, by adding two new
medical examination forms to the collection. The Agency has increased
the burden estimate by 59 hours due to the addition of these forms for
completion by health care providers. FSIS employees will ask their
health care providers to complete FSIS Form 4306-5, ``Medical
Documentation for Employee's Reasonable Accommodation Request,'' if
they apply for a reasonable accommodation, and FSIS Form 4630-8,
``Confidential Medical Information,'' if they apply for the FSIS Leave
Bank Program. The approval for this information collection will expire
on January 31, 2022.
    The current information collection approval includes FSIS Form
4339-1, ``Certificate of Medical Examination (with Medical History).''
FSIS uses this form 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 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.
    In addition to the FSIS Form 4339-1, FSIS is adding two new medical
examination forms for completion by health care providers to the
information collection. First, FSIS will use the FSIS Form 4306-5,
``Medical Documentation for Employee's Reasonable

[[Page 32705]]

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 will make 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 will require
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
    Second, FSIS will use FSIS Form 4630-8 ``Confidential Medical
Information,'' to assist employees who qualify as leave recipients
under the FSIS Leave Bank Program (LBP), which FSIS intends to
establish in accordance with 5 CFR 630, subpart J. To qualify,
employees who have exhausted their paid leave (annual and sick) would
need to meet the criteria for a financial hardship due to a personal or
family medical emergency. Employees would also need to provide written
certification from a physician describing the medical emergency and its
severity, the anticipated duration of the medical emergency, and the
approximate frequency of the medical emergency (if recurring). The
documentation from the physician would include the name and address of
the practice and requires the doctor's signature. For long-term and
extended absences, medical documentation needs to be updated every 120
days until the medical emergency concludes.
    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: 800 respondents.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 809 hours.
    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, Room 6065,
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's
functions, including whether the information will have practical
utility; (b) the accuracy of FSIS's 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.
    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.

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:
    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: http://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

    No agency, officer, or employee of the USDA shall, on the grounds
of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, age, marital status, family/parental status,
income derived from a public assistance program, or political beliefs,
exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States under any program or
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program
Discrimination Complaint Form, which may be accessed online at
or write a letter signed by you or your
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax,
or email:
    Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].
    Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.), should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done in Washington, DC.
Paul Kiecker,
Deputy Administrator.
[FR Doc. 2019-14509 Filed 7-8-19; 8:45 am]