80 FR 57877 - United States-Peru Trade Promotion Agreement; Notice of Determination Regarding Review of Submission #2015-01
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 80, Issue 186 (September 25, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 186 (September 25, 2015)
| Page Range | 57877-57878 | |
| FR Document | 2015-24414 |
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)] [Notices] [Pages 57877-57878] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24414] [[Page 57877]] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary United States-Peru Trade Promotion Agreement; Notice of Determination Regarding Review of Submission #2015-01 AGENCY: Bureau of International Labor Affairs, U.S. Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that on September 21, 2015, Submission #2015-01 regarding Peru was accepted for review pursuant to Article 17.5.5 of the United States-Peru Trade Promotion Agreement (PTPA). On July 23, 2015, the International Labor Rights Forum, Per[uacute] Equidad, and seven Peruvian workers' organizations provided a formal submission to OTLA alleging violations of Chapter 17 (the Labor Chapter) of the PTPA by the Government of Peru (GOP). The submission alleges that the GOP has failed to adopt and maintain in its statutes and regulations, and practices thereunder, the right of freedom of association and the effective recognition of the right to collective bargaining, and that it has also failed to effectively enforce its labor laws with respect to freedom of association, collective bargaining, and acceptable conditions of work. OTLA's decision to accept the submission for review is not intended to indicate any determination as to the validity or accuracy of the allegations contained in the submission. The objective of the review will be to gather information so that OTLA can better understand the allegations contained in the submission and publicly report on the issues raised therein in light of the GOP's obligations under the Labor Chapter of the PTPA. As set out in the Procedural Guidelines (published as 71 FR 76691, December 21, 2006), OTLA will complete the review and issue a public report to the Secretary of Labor within 180 days of this acceptance, unless circumstances, as determined by OTLA, require an extension of time. DATES: Effective Date: September 21, 2015. FOR FURTHER INFORMATION CONTACT: Matthew Levin, Director, OTLA, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-5303, Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll- free number.) SUPPLEMENTARY INFORMATION: Article 17.5 of the Labor Chapter of the PTPA establishes that each Party's contact point shall provide for the submission, receipt, and consideration of communications (``submissions'') on matters related to the Labor Chapter and each Party shall review those submissions in accordance with domestic procedures. A Federal Register notice issued on December 21, 2006, informed the public that the OTLA had been designated as the office to serve as the contact point for implementing the labor provisions of United States free trade agreements. The same Federal Register notice informed the public of the Procedural Guidelines that OTLA would follow for the receipt and review of public submissions (71 FR 76691, December 21, 2006). These Procedural Guidelines are available at http://www.dol.gov/ilab/media/pdf/2006021837.pdf. According to the definitions contained in the Procedural Guidelines (Section B) a ``submission'' is ``a communication from the public containing specific allegations, accompanied by relevant supporting information, that another Party has failed to meet its commitments or obligations arising under a labor chapter'' of a U.S. free trade agreement. The Procedural Guidelines specify that OTLA shall consider six factors, to the extent that they are relevant, in determining whether to accept a submission for review: 1. Whether the submission raises issues relevant to any matter arising under a labor chapter; 2. Whether a review would further the objectives of a labor chapter; 3. Whether the submission clearly identifies the person filing the submission, is signed and dated, and is sufficiently specific to determine the nature of the request and permit an appropriate review; 4. Whether the statements contained in the submission, if substantiated, would constitute a failure of the other Party to comply with its obligations or commitments under a labor chapter; 5. Whether the statements contained in the submission or available information demonstrate that appropriate relief has been sought under the domestic laws of the other Party, or that the matter or a related matter is pending before an international body; and 6. Whether the submission is substantially similar to a recent submission and significant, new information has been furnished that would substantially differentiate the submission from the one previously filed. U.S. Submission # 2015-01 alleges that, by permitting the unlimited consecutive renewal of short-term contracts under the Law Promoting Non-Traditional Exports (Law No. 22342) and Article 80 of the Law of Productivity and Labor Competitiveness (Law No. 728, Supreme Decree No. 003-97-TR), the GOP has failed to adopt and maintain, in its statutes and regulations, and practices thereunder, the right of freedom of association and the effective recognition of the right to collective bargaining. The submission also cites specific instances to support its allegation that the GOP, through its action or inaction, has failed to effectively enforce its labor laws in the non-traditional export and agricultural sectors with respect to freedom of association, the effective recognition of the right to collective bargaining, and acceptable conditions of work. In determining whether to accept the submission, OTLA considered the statements in the submission in light of the relevant factors identified in the Procedural Guidelines. The submission raises issues relevant to the Labor Chapter of the PTPA because it cites alleged GOP failures to adopt and maintain in its statutes and regulations, and practices thereunder, freedom of association and the effective recognition of the right to collective bargaining, and alleged GOP failures to effectively enforce its labor laws with respect to freedom of association, collective bargaining, and acceptable conditions of work. It also clearly identifies the submitter and is sufficiently specific to determine the nature of the request and permit an appropriate review. The submission raises pertinent issues that could further the objectives of the Labor Chapter and that could, if substantiated, constitute a failure of the GOP to comply with its obligations under the Labor Chapter. The submitters provided information on specific cases of alleged labor violations and included citations to both Peruvian law and International Labor Organization (ILO) Conventions ratified by Peru that they believe were violated by the allegations in the submission. The submitters provided information on efforts to seek appropriate relief for these alleged violations under domestic laws and to raise the issues with GOP officials and with the ILO. The submission also notes that the issues raised in the submission have not been remedied to date. OTLA has not received similar submissions related to the PTPA obligations of the GOP. Accordingly, OTLA has accepted the submission for review. OTLA's decision to accept the submission for review is not intended to indicate any determination as to the validity or accuracy of the allegations contained in the submission. The [[Page 57878]] objective of the review will be to gather information so that OTLA can better understand the allegations contained in the submission and to publicly report on the issues raised therein. As set out in the Procedural Guidelines, OTLA will complete the review and issue a public report to the Secretary of Labor within 180 days, unless circumstances, as determined by OTLA, require an extension of time. The public report will include a summary of the review process, as well as any findings and recommendations. Signed at Washington, DC, on September 21, 2015. Carol Pier, Deputy Undersecretary for International Affairs. [FR Doc. 2015-24414 Filed 9-24-15; 8:45 am] BILLING CODE 4510-28-P
![57878 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices
objective of the review will be to gather Department of Labor, Room N–2625, seq.) authorizes information collection
information so that OTLA can better 200 Constitution Avenue NW., by employers as necessary or
understand the allegations contained in Washington, DC 20210. Deliveries appropriate for enforcement of the OSH
the submission and to publicly report (hand, express mail, messenger, and Act or for developing information
on the issues raised therein. As set out courier service) are accepted during the regarding the causes and prevention of
in the Procedural Guidelines, OTLA Department of Labor’s and Docket occupational injuries, illnesses, and
will complete the review and issue a Office’s normal business hours, 8:15 accidents (29 U.S.C. 657). The OSH Act
public report to the Secretary of Labor a.m. to 4:45 p.m., e.t. also requires that OSHA obtain such
within 180 days, unless circumstances, Instructions: All submissions must information with minimum burden
as determined by OTLA, require an include the Agency name and the OSHA upon employers, especially those
extension of time. The public report will docket number (OSHA–2012–0013) for operating small businesses, and to
include a summary of the review the Information Collection Request reduce to the maximum extent feasible
process, as well as any findings and (ICR). All comments, including any unnecessary duplication of efforts in
recommendations. personal information you provide, are obtaining information (29 U.S.C. 657).
Signed at Washington, DC, on September placed in the public docket without The purpose of the Lead in General
21, 2015. change, and may be made available Industry Standard and its collection of
Carol Pier, online at http://www.regulations.gov. information requirements is to reduce
Deputy Undersecretary for International
For further information on submitting occupational lead exposure in general
Affairs. comments see the ‘‘Public industry. Lead exposure can result in
[FR Doc. 2015–24414 Filed 9–24–15; 8:45 am]
Participation’’ heading in the section of both acute and chronic effects and can
this notice titled SUPPLEMENTARY be fatal in severe cases of lead toxicity.
BILLING CODE 4510–28–P
INFORMATION. The standard contains the following
Docket: To read or download collection of information requirements:
DEPARTMENT OF LABOR comments or other material in the Conducting worker exposure
docket, go to http://www.regulations.gov monitoring; notifying workers of their
Occupational Safety and Health or the OSHA Docket Office at the lead exposure levels; establishing,
Administration address above. All documents in the implementing and reviewing a written
docket (including this Federal Register compliance program annually; labeling
[Docket No. OSHA–2012–0013] notice) are listed in the http:// containers of contaminated protective
The Lead in General Industry www.regulations.gov index; however, clothing and equipment; providing
Standard; Extension of the Office of some information (e.g., copyrighted medical surveillance to workers;
Management and Budget’s (OMB) material) is not publicly available to providing examining physicians with
Approval of Information Collection read or download from the Web site. All specific information; notifying workers
(Paperwork) Requirements submissions, including copyrighted of their medical surveillance results
material, are available for inspection (including medical examinations and
AGENCY: Occupational Safety and Health and copying at the OSHA Docket Office. biological monitoring) and of the option
Administration (OSHA), Labor. You may also contact Theda Kenney at for multiple physician review; posting
ACTION: Request for public comments. the address below to obtain a copy of warning signs; establishing and
the ICR. maintaining exposure monitoring,
SUMMARY: OSHA solicits public FOR FURTHER INFORMATION CONTACT: medical surveillance, and medical
comments concerning its proposal to Theda Kenney or Todd Owen, removal records; and providing workers
extend the Office of Management and Directorate of Standards and Guidance, with access to these records. The
Budget’s (OMB) approval of the OSHA, U.S. Department of Labor, Room records are used by employees,
information collection requirements N–3609, 200 Constitution Avenue NW., physicians, employers and OSHA to
contained in the Lead in General Washington, DC 20210; telephone (202) determine the effectiveness of the
Industry Standard (29 CFR 1910.1025). 693–2222. employer’s compliance efforts.
DATES: Comments must be submitted SUPPLEMENTARY INFORMATION:
(postmarked, sent, or received) by II. Special Issues for Comment
November 24, 2015. I. Background
OSHA has a particular interest in
ADDRESSES: The Department of Labor, as part of its comments on the following issues:
Electronically: You may submit continuing effort to reduce paperwork • Whether the proposed collection of
comments and attachments and respondent (i.e., employer) burden, information requirements are necessary
electronically at http:// conducts a preclearance consultation for the proper performance of the
www.regulations.gov, which is the program to provide the public with an Agency’s functions, including whether
Federal eRulemaking Portal. Follow the opportunity to comment on proposed the information is useful;
instructions online for submitting and continuing collection of
comments. information requirements in accord • The accuracy of OSHA’s estimate of
Facsimile: If your comments, with the Paperwork Reduction Act of the burden (time and costs) of the
including attachments, are not longer 1995 (PRA–95) (44 U.S.C. collection of information requirements,
than 10 pages you may fax them to the 3506(c)(2)(A)). This program ensures including the validity of the
methodology and assumptions used;
mstockstill on DSK4VPTVN1PROD with NOTICES
OSHA Docket Office at (202) 693–1648. that information is in the desired
Mail, hand delivery, express mail, format, reporting burden (time and • The quality, utility, and clarity of
messenger, or courier service: When costs) is minimal, collection the information collected; and
using this method, you must submit instruments are clearly understood, and • Ways to minimize the burden on
your comments and attachments to the OSHA’s estimate of the information employers who must comply; for
OSHA Docket Office, Docket No. collection burden is accurate. The example, by using automated or other
OSHA–2012–0013, Occupational Safety Occupational Safety and Health Act of technological information collection
and Health Administration, U.S. 1970 (the OSH Act) (29 U.S.C. 651 et and transmission techniques.
VerDate Sep<11>2014 19:58 Sep 24, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1](https://thefederalregister.org/doc/80_FR_58063/page/2.svg)
Document Created: 2018-02-26 10:19:53
Document Modified: 2018-02-26 10:19:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective Date: September 21, 2015. | |
| Contact | Matthew Levin, Director, OTLA, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-5303, Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll- free number.) | |
| FR Citation | 80 FR 57877 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR