[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8561-8562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03184]


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DEPARTMENT OF COMMERCE


Agency Information Collection Activities; Withdrawal of Prior 
Notice and Proposed Submission of Information Collection for OMB 
Review; Comment Request; Medical Exception Request

AGENCY: Department of Commerce.

ACTION: Notice of withdrawal; notice of intent to request extension of 
OMB approval of information collection.

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SUMMARY: The Department of Commerce (Department) published a notice in 
the Federal Register of its intent to request that the Office of 
Management and Budget (OMB) extend approval, without change, under the 
Paperwork Reduction Act (PRA), to a collection of information for its 
employees to request a medical exception to the COVID-19 vaccination 
requirement on January 25, 2022. That notice is withdrawn in light of 
the January 21, 2022 nationwide preliminary injunction enjoining 
implementation and enforcement of the federal employee vaccination 
requirement pursuant to the President's Executive Order 14043 of 
September 9, 2021, ``Requiring Coronavirus Disease 2019 Vaccination for 
Federal Employees.'' The Department seeks comment on its new notice of 
intent to request that OMB approve, without change, under the PRA, a 
collection of information for its employees to request

[[Page 8562]]

a medical exception to the COVID-19 vaccination requirement.

DATES: As of February 15, 2022, the notice published January 25, 2022 
(87 FR 3759), is withdrawn. Comments on this notice of intent must be 
submitted on or before April 18, 2022.

ADDRESSES:  Interested persons are invited to submit written comments 
to the Department of Commerce, PRA Clearance Officer at 
[email protected]. All comments received are part of the public 
record. Comments will generally be posted without change. All 
Personally Identifiable Information (for example, name and address) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the Attn: Zack Schwartz, Chief of Staff to the 
Acting CFO and Assistant Secretary for Administration, Commerce 
Headquarters, at (202) 577-1769; or via email: [email protected].

SUPPLEMENTARY INFORMATION: This notice supersedes the notice published 
on January 25, 2022 (87 FR 3759), which the Department withdraws.
    Under Executive Order 14043, every Federal agency must ``implement, 
to the extent consistent with applicable law, a program to require 
COVID-19 vaccination for all of its Federal employees, with exceptions 
only as required by law.'' In following this directive, the Department 
imposed a requirement that its employees must receive and submit proof 
of COVID-19 vaccination. As required by 29 U.S.C. 701 et seq. and 29 
CFR part 1630, the Department allows an exception from the vaccination 
requirement for employees who demonstrate medical reasons or 
disabilities that would make the COVID-19 vaccine unsafe for them. To 
obtain this exception, employees can submit the Request for Medical 
Exception to the COVID-19 Vaccination Requirement form available from 
the Department's COVID-19 Information Hub. The Department uses the 
information on this form to verify employees' assertions that they are 
entitled to an exception to the COVID-19 vaccination requirement 
because of their medical or disability statuses.
    OMB Control Number: 0690-0036.
    Form Number(s): None.
    Type of Review: Regular submission; Extension of an already 
approved collection.
    Affected Public: Federal employees and medical providers.
    Estimated Number of Respondents: 1,000.
    Estimated Time per Response: 10 minutes.
    Estimated Total Annual Burden Hours: 167.
    Estimated Total Annual Cost to Public: $9,321.
    Respondent's Obligation: Voluntary.
    Legal Authority: Executive Order (E.O.) 14043.
    We are soliciting public comments to permit the Department/Bureau 
to: (a) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility; (b) Evaluate the accuracy 
of our estimate of the time and cost burden for this proposed 
collection, including the validity of the methodology and assumptions 
used; (c) Evaluate ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) Minimize the reporting burden 
on those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this information collection request. Before including 
your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you may ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    A Notice Regarding Injunctions: The vaccination requirement issued 
pursuant to E.O. 14043, ``Requiring Coronavirus Disease 2019 
Vaccination for Federal Employees'' is currently the subject of a 
nationwide injunction. While that injunction remains in place, the 
Department will not process requests for a medical exception from the 
COVID-19 vaccination requirement pursuant to E.O. 14043. The Department 
will also not request the submission of any medical information related 
to a request for an exception from the vaccination requirement pursuant 
to E.O. 14043 while the injunction remains in place. But the Department 
may nevertheless receive information regarding a medical exception. 
That is because, if the Department were to receive a request for an 
exception from the COVID-19 vaccination requirement pursuant to E.O. 
14043 during the pendency of the injunction, the Department will accept 
the request, hold it in abeyance, and notify the employee who submitted 
the request that implementation and enforcement of the COVID-19 
vaccination requirement pursuant to E.O. 14043 is currently enjoined 
and that an exception therefore is not necessary so long as the 
injunction is in place. In other words, during the pendency of the 
injunction, any information collection related to requests for medical 
exception from the COVID-19 vaccination requirement pursuant to E.O. 
14043 is not undertaken to implement or enforce the COVID-19 
vaccination requirement.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-03184 Filed 2-14-22; 8:45 am]
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