81 FR 39714 - Notice of Extension of Request for Public Comment Regarding Revising the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
DEPARTMENT OF LABOR
Office of the Secretary of Labor Federal Register Volume 81, Issue 117 (June 17, 2016)
Office of the Secretary of Labor
Federal Register Volume 81, Issue 117 (June 17, 2016)
| Page Range | 39714-39716 | |
| FR Document | 2016-14407 |
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)] [Notices] [Pages 39714-39716] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14407] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary of Labor Notice of Extension of Request for Public Comment Regarding Revising the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126 AGENCY: Bureau of International Labor Affairs, Department of Labor. ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: This notice reopens and extends the period for comments on the Notice of Initial Determination published in the Federal Register on December 2, 2014, proposing to add carpets from India to the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor (the EO List) (77 FR 59418). The EO List is required by Executive Order 13126 (Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor), and is developed in accordance with the ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Under 48 CFR Subpart 22.15 and E.O. 13126.'' The EO List identifies products, by their country of origin, that the Department of Labor, in consultation and cooperation with the Departments of State and Homeland Security (collectively, the Departments), has a reasonable basis to believe might have been mined, produced or manufactured by forced or indentured child labor. In addition to proposing to add a one new item, carpets from India, to the EO List, the initial determination invited comments from the public. [[Page 39715]] Since the initial comment period, additional comments have been submitted to and gathered by the Departments. This notice reopens and extends the comment period on the initial determination, including all of the information that was submitted and gathered during the comment period and after it closed. The comments have raised issues as to whether the evidence is sufficient at this time to satisfy our criteria for adding carpets from India to the EO list; however, a final determination will not be made until the public has had an opportunity to comment on the initial determination and the evidence in the record. The Departments will consider all public comments prior to publishing a final determination revising the EO List. DATES: Information should be submitted to the Office of Child Labor, Forced Labor, and Human Trafficking (OCFT) via one of the methods described below by no later than 5 p.m. July 15, 2016. To Submit Information, or For Further Information, Contact: Information submitted to the Department should be submitted directly to OCFT, Bureau of International Labor Affairs, U.S. Department of Labor, at (202) 693-4843 (this is not a toll free number). Comments, identified as ``Docket No. DOL-2014-0004,'' may be submitted by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. The portal includes instructions for submitting comments. Parties submitting responses electronically are encouraged not to submit paper copies. Facsimile (fax): OCFT, at 202-693-4830. Mail, Express Delivery, Hand Delivery, and Messenger Service (2 copies): Rachel Rigby/Charita Castro, at U.S. Department of Labor, OCFT, Bureau of International Labor Affairs, 200 Constitution Avenue NW., Room S-5317, Washington, DC 20210. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Initial Determination On December 2, 2014, the Department of Labor (DOL), in consultation and cooperation with the Department of State (DOS) and the Department of Homeland Security (DHS and collectively, the Departments), published a Notice of Initial Determination in the Federal Register proposing to add carpets from India to the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor (the EO List) (77 FR 59418). The initial determination can be accessed on the Internet at https://federalregister.gov/a/2014-27624 The initial determination invited public comment until January 30, 2015, on whether carpets from India should be included in a revised EO List, as well as any other issues related to the fair and effective implementation of Executive Order 13126. During the comment period, three public comments were submitted. Following the conclusion of the public comment period, nineteen additional comments were submitted to or gathered by the Departments. All comments are available for public viewing at http://www.regulations.gov (reference Docket ID No. DOL- 2014-0004). The initial determination and the public comments can also be obtained from: Office of Child Labor, Forced Labor, and Human Trafficking (OCFT), Bureau of International Labor Affairs, Room S-5317, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-4843; fax: (202) 693-4830. II. Information Sought DOL is reopening and extending the period for public comments on the initial determination proposing to revise the EO List to add carpets from India. DOL invites the public to comment on whether carpets from India should be included in the revised EO List, including comments on all of the information submitted or gathered since the publication of the initial determination. The comments have raised issues as to whether the evidence is sufficient at this time to satisfy our criteria for adding carpets from India to the EO list; however, a final determination will not be made until the public has had an opportunity to comment on the initial determination and the evidence in the record. To the extent possible, comments provided should address the criteria for inclusion of a product on the EO List contained in the Procedural Guidelines discussed below. The information that has been received on this good is available at http://www.regulations.gov (reference Docket ID No. DOL-2014-0004). In conducting research for the initial determination, the Departments considered a wide variety of materials based on their own research and originating from other U.S. Government agencies, foreign governments, international organizations, non-governmental organizations (NGOs), U.S. Government-funded technical assistance and field research projects, academic and other independent research, media, and other sources. The Department of State and U.S. embassies and consulates abroad also provided important information by gathering data from contacts, conducting site visits and reviewing local media sources. In developing the proposed revision to the EO List, the Departments' review focused on information concerning the use of forced or indentured child labor that was available from the above sources. As outlined in the Procedural Guidelines, several factors are weighed in determining whether or not a product should be placed on the EO List: The nature of the information describing the use of forced or indentured child labor; the source of the information; the date of the information; the extent of corroboration of the information by appropriate sources; whether the information involved more than an isolated incident; and whether recent and credible efforts are being made to address forced or indentured child labor in a particular country or industry (66 FR 5351). This notice is a general solicitation of comments from the public. All submitted comments will be made a part of the public record and will be available for inspection at http://www.regulations.gov. Following receipt and consideration of comments on the addition to the EO List of carpets from India, DOL, in consultation with DOS and DHS, will issue a final determination in the Federal Register. The Departments intend to continue to review the EO List periodically to add and/or remove products as warranted by the receipt of new and credible information. III. Background The first EO List was published on January 18, 2001 (66 FR 5353). The EO List was subsequently revised on July 20, 2010 (75 FR 42164); on May 31, 2011 (76 FR 31365); on April 3, 2012 (77 FR 20051); and on July 23, 2013 (78 FR 44158). Executive Order 13126, which was published in the Federal Register on June 16, 1999 (64 FR 32383), declared that it was ``the policy of the United States Government . . . that the executive agencies shall take appropriate actions to enforce the laws prohibiting the manufacture or importation of goods, wares, articles, and merchandise mined, produced or manufactured wholly or in part by forced or indentured child labor.'' Pursuant to Executive Order 13126, and following public notice and comment, DOL published in the January 18, 2001, Federal Register a list of products, identified by their country of origin, that DOL, in consultation and cooperation with DOS and the Department of the Treasury (relevant responsibilities now [[Page 39716]] within DHS), had a reasonable basis to believe might have been mined, produced or manufactured by forced or indentured child labor. (66 FR 5353). Pursuant to Section 3 of Executive Order 13126, the Federal Acquisition Regulatory Council published a final rule in the Federal Register on January 18, 2001, providing, amongst other requirements, that federal contractors who supply products that appear on the EO List must certify to the contracting officer that the contractor, or, in the case of an incorporated contractor, a responsible official of the contractor, has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under the contract and that, on the basis of those efforts, the contractor is unaware of any such use of child labor. (48 CFR Subpart 22.15). DOL also published on January 18, 2001, ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor'' (``Procedural Guidelines''), which provide for maintaining, reviewing, and, as appropriate, revising the EO List. (66 FR 5351). The Procedural Guidelines provide that the EO List may be revised either through consideration of submissions by individuals or on the initiative of DOL, DOS and DHS. In either event, when proposing to revise the EO List, DOL must publish in the Federal Register a notice of initial determination, which includes any proposed alteration to the EO List. DOL, DOS and DHS consider all public comments prior to the publication of a final determination of a revised EO List. IV. Definitions Under Section 6(c) of EO 13126: ``Forced or indentured child labor'' means all work or service-- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Signed at Washington, DC, this 13th day of June, 2016. Carol Pier, Deputy Undersecretary for International Affairs. [FR Doc. 2016-14407 Filed 6-16-16; 8:45 am] BILLING CODE 4510-28-P
![39714 Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices
administrative functioning of the the FOR FURTHER INFORMATION CONTACT sites provide application information,
Committee, including a review of the section, or contact the same by phone, eligibility requirements, review and
WIAC charter and objectives, and issues by the date indicated in the DATES selection procedures, and other program
related to Committee operations. After section. Oral presentations will be requirements governing this funding
the lunch break, brief remarks from limited to 10 minutes, time permitting, opportunity.
Federal Committee members and other and shall proceed at the discretion of DATES: The closing date for receipt of
relevant Federal officials will be made. the Council chair. Individuals with applications under this announcement
The discussion will focus on current disabilities, or others, who need special is August 25, 2016. Applications must
initiatives, challenges, and accommodations, should indicate their be received no later than 4 p.m. Eastern
opportunities related to nationwide and needs along with their request. Time.
statewide workforce and labor market
Portia Wu, FOR FURTHER INFORMATION CONTACT:
information systems.
Assistant Secretary for Employment and Ariam Ferro, 200 Constitution Avenue
The meeting will resume at 9:00 a.m.
Training Administration. NW., Room N–4716, Washington, DC
on July 14, 2016. The second day will
[FR Doc. 2016–14336 Filed 6–16–16; 8:45 am] 20210; Telephone: 202–693–3968.
continue the previous day’s
conversation through facilitated BILLING CODE 4510–FN–P Signed June 9, 2016, in Washington, DC, by
discussions among Committee members, Eric D. Luetkenhaus,
including but not limited to focusing on Grant Officer, Employment and Training
key areas for further examination and DEPARTMENT OF LABOR Administration.
the need for subcommittees. Time for [FR Doc. 2016–14286 Filed 6–16–16; 8:45 am]
public comment or statements for the Employment and Training
BILLING CODE 4510–FN–P
record will be made available on each Administration
day; please see the final agenda on the Notice of Availability of Funds and
Web site for exact times. DEPARTMENT OF LABOR
Funding Opportunity Announcement
The full agenda for the meeting, and
for America’s Promise Grants Office of the Secretary of Labor
changes or updates to the meeting, will
be posted on the WIAC’s Web page, AGENCY: Employment and Training
www.doleta.gov/wioa/wiac/. Administration, Labor. Notice of Extension of Request for
Attending the meeting: BLS is located Public Comment Regarding Revising
ACTION: Notice of Funding Opportunity
in the Postal Square Building, the the List of Products Requiring Federal
Announcement. Contractor Certification as to Forced
building that also houses the U.S. Postal
Museum, at 2 Massachusetts Ave. NE., Funding Opportunity Number: FOA– or Indentured Child Labor Pursuant to
Washington, DC. You must have a ETA–16–12. Executive Order 13126
picture ID to be admitted to the BLS SUMMARY: The Employment and AGENCY: Bureau of International Labor
offices at Postal Square Building, and Training Administration (ETA), U.S. Affairs, Department of Labor.
you must enter through the Visitors’ Department of Labor (DOL), announces
ACTION: Request for comments.
Entrance. The BLS Visitors’ Entrance is the availability of approximately $100
on First Street NE., mid-block, across million in grant funds authorized under SUMMARY: This notice reopens and
from Union Station. the American Competitiveness and extends the period for comments on the
Public statements: Organizations or Workforce Improvement Act of 1998 Notice of Initial Determination
members of the public wishing to (ACWIA), as amended (codified at 29 published in the Federal Register on
submit written statements may do so by U.S.C. 3224a) for America’s Promise December 2, 2014, proposing to add
mailing them to the person and address Job-driven Grant Program. carpets from India to the List of
indicated in the ADDRESSES section by Under this Funding Opportunity Products Requiring Federal Contractor
the date indicated in the DATES section Announcement (FOA), DOL will award Certification as to Forced or Indentured
or transmitting them as email grants through a competitive process to Child Labor (the EO List) (77 FR 59418).
attachments in PDF format to the email organizations to create or expand The EO List is required by Executive
address indicated in the ADDRESSES regional partnerships between Order 13126 (Prohibition of Acquisition
section with the subject line ‘‘July WIAC employers, economic development, of Products Produced by Forced or
Meeting Public Statements’’ by the date workforce development, community Indentured Child Labor), and is
indicated in the DATES section. colleges, training programs, K–12 developed in accordance with the
Submitters may include their name and education systems, and community- ‘‘Procedural Guidelines for the
contact information in a cover letter for based organizations that make a Maintenance of the List of Products
mailed statements or in the body of the commitment to provide a pipeline of Requiring Federal Contractor
email for statements transmitted workers to fill existing job openings. Certification as to Forced or Indentured
electronically. Relevant statements DOL expects to fund approximately 20– Child Labor Under 48 CFR Subpart
received before the date indicated in the 40 grants, with individual grant 22.15 and E.O. 13126.’’ The EO List
DATES section will be included in the amounts ranging from $1 million to $6 identifies products, by their country of
record of the meeting. No deletions, million. The grant period for origin, that the Department of Labor, in
modifications, or redactions will be performance for this FOA is 48 months, consultation and cooperation with the
made to statements received, as they are including all necessary implementation Departments of State and Homeland
public records. Please do not include and start-up activities. Security (collectively, the Departments),
sradovich on DSK3TPTVN1PROD with NOTICES
personally identifiable information (PII) The complete FOA and any has a reasonable basis to believe might
in your public statement. subsequent FOA amendments in have been mined, produced or
Requests to address the Advisory connection with this funding manufactured by forced or indentured
Council: Members of the public or opportunity are described in further child labor. In addition to proposing to
representatives of organizations wishing detail on ETA’s Web site at https:// add a one new item, carpets from India,
to address the Council should forward www.doleta.gov/grants/find_grants.cfm to the EO List, the initial determination
their requests to the contact indicated in or on http://www.grants.gov/. The Web invited comments from the public.
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![39716 Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices
within DHS), had a reasonable basis to DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT:
believe might have been mined, Contact Michel Smyth by telephone at
produced or manufactured by forced or Office of the Secretary 202–693–4129, TTY 202–693–8064,
indentured child labor. (66 FR 5353). (these are not toll-free numbers) or by
Agency Information Collection email at DOL_PRA_PUBLIC@dol.gov.
Pursuant to Section 3 of Executive Activities; Submission for OMB
Order 13126, the Federal Acquisition Review; Comment Request; Prohibited Authority: 44 U.S.C. 3507(a)(1)(D).
Regulatory Council published a final Transaction Class Exemption 1988–59, SUPPLEMENTARY INFORMATION: This ICR
rule in the Federal Register on January Residential Mortgage Financing seeks to extend PRA authority for the
18, 2001, providing, amongst other Arrangements Involving Employee Prohibited Transaction Class Exemption
requirements, that federal contractors Benefit Plans (PTE) 1988–59, Residential Mortgage
who supply products that appear on the Financing Arrangements Involving
EO List must certify to the contracting ACTION: Notice. Employee Benefit Plans, information
officer that the contractor, or, in the case collection. This PTE is applicable to
of an incorporated contractor, a SUMMARY: The Department of Labor
(DOL) is submitting the Employee residential mortgage financing
responsible official of the contractor, arrangements involving employee
has made a good faith effort to Benefits Security Administration
(EBSA) sponsored information benefit plans and permits an employee
determine whether forced or indentured benefit plan to enter into specified
child labor was used to mine, produce, collection request (ICR) titled,
‘‘Prohibited Transaction Class transactions involving residential
or manufacture any product furnished mortgage loans with parties in interest
under the contract and that, on the basis Exemption 1988–59, Residential
Mortgage Financing Arrangements without violating the prohibited
of those efforts, the contractor is transaction provisions of the Employee
unaware of any such use of child labor. Involving Employee Benefit Plans,’’ to
the Office of Management and Budget Retirement Income Security Act of 1974
(48 CFR Subpart 22.15). (ERISA), provided that plan meets
(OMB) for review and approval for
DOL also published on January 18, continued use, without change, in specified conditions. Among other
2001, ‘‘Procedural Guidelines for the accordance with the Paperwork conditions, the plan must maintain
Maintenance of the List of Products Reduction Act of 1995 (PRA), 44 U.S.C. records pertaining to covered
Requiring Federal Contractor 3501 et seq. Public comments on the transactions for the duration of the loan
Certification as to Forced or Indentured ICR are invited. and must make the records available
Child Labor’’ (‘‘Procedural Guidelines’’), upon request to plan trustees,
DATES: The OMB will consider all
which provide for maintaining, investment managers, participants and
written comments that agency receives
reviewing, and, as appropriate, revising beneficiaries, and DOL and Internal
on or before July 18, 2016.
the EO List. (66 FR 5351). The Revenue Service agents. ERISA section
Procedural Guidelines provide that the ADDRESSES: A copy of this ICR with
408 authorizes this information
EO List may be revised either through applicable supporting documentation;
collection. See 29 U.S.C. 1108.
consideration of submissions by including a description of the likely
respondents, proposed frequency of This information collection is subject
individuals or on the initiative of DOL, to the PRA. A Federal agency generally
DOS and DHS. In either event, when response, and estimated total burden
may be obtained free of charge from the cannot conduct or sponsor a collection
proposing to revise the EO List, DOL of information, and the public is
must publish in the Federal Register a RegInfo.gov Web site at http://
www.reginfo.gov/public/do/ generally not required to respond to an
notice of initial determination, which information collection, unless it is
includes any proposed alteration to the PRAViewICR?ref_nbr=201605-1210-003
(this link will only become active on the approved by the OMB under the PRA
EO List. DOL, DOS and DHS consider and displays a currently valid OMB
all public comments prior to the day following publication of this notice)
or by contacting Michel Smyth by Control Number. In addition,
publication of a final determination of a notwithstanding any other provisions of
revised EO List. telephone at 202–693–4129, TTY 202–
693–8064, (these are not toll-free law, no person shall generally be subject
IV. Definitions numbers) or by email at DOL_PRA_ to penalty for failing to comply with a
PUBLIC@dol.gov. collection of information that does not
Under Section 6(c) of EO 13126: Submit comments about this request display a valid Control Number. See 5
‘‘Forced or indentured child labor’’ by mail or courier to the Office of CFR 1320.5(a) and 1320.6. The DOL
means all work or service— Information and Regulatory Affairs, obtains OMB approval for this
(1) Exacted from any person under the Attn: OMB Desk Officer for DOL–EBSA, information collection under Control
age of 18 under the menace of any Office of Management and Budget, Number 1210–0095.
penalty for its nonperformance and for Room 10235, 725 17th Street NW., OMB authorization for an ICR cannot
which the worker does not offer himself Washington, DC 20503; by Fax: 202– be for more than three (3) years without
voluntarily; or 395–5806 (this is not a toll-free renewal, and the current approval for
(2) Performed by any person under number); or by email: OIRA_ this collection is scheduled to expire on
the age of 18 pursuant to a contract the submission@omb.eop.gov. Commenters July 31, 2016. The DOL seeks to extend
enforcement of which can be are encouraged, but not required, to PRA authorization for this information
accomplished by process or penalties. send a courtesy copy of any comments collection for three (3) more years,
by mail or courier to the U.S. without any change to existing
sradovich on DSK3TPTVN1PROD with NOTICES
Signed at Washington, DC, this 13th day of Department of Labor—OASAM, Office requirements. The DOL notes that
June, 2016. of the Chief Information Officer, Attn: existing information collection
Carol Pier, Departmental Information Compliance requirements submitted to the OMB
Deputy Undersecretary for International Management Program, Room N1301, receive a month-to-month extension
Affairs. 200 Constitution Avenue NW., while they undergo review. For
[FR Doc. 2016–14407 Filed 6–16–16; 8:45 am] Washington, DC 20210; or by email: additional substantive information
BILLING CODE 4510–28–P DOL_PRA_PUBLIC@dol.gov. about this ICR, see the related notice
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Document Created: 2016-06-17 01:04:40
Document Modified: 2016-06-17 01:04:40
| 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 | Request for comments. | |
| Dates | Information should be submitted to the Office of Child Labor, Forced Labor, and Human Trafficking (OCFT) via one of the methods described below by no later than 5 p.m. July 15, 2016. | |
| FR Citation | 81 FR 39714 |
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