Notice of Initial Determination Revising the List of Products Requiring Federal Contractor Certification as to Forced/Indentured Child Labor Pursuant to Executive Order 13126, 78755-78758 [2010-31213]
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Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices
Forced Labor (73 FR 21985, Apr. 23,
2008); and Notice of Publication of The
Department of Labor’s List of Goods
from Countries Produced by Child Labor
or Forced Labor (74 FR 46620, Sept. 10,
2009).
ILAB published the first List of Goods
Produced by Child Labor or Forced
Labor on Sept. 10, 2009. That List
included 122 goods from 58 countries,
based on research on 77 countries. ILAB
now announces the publication of an
updated List, reflecting research on 39
additional countries as well as review of
information submitted to ILAB pursuant
to its TVPRA procedural guidelines.
This update adds 6 new goods and 12
new countries to the List. A full report,
including the updated List and a
discussion of the List’s context, scope,
methodology, and limitations, as well as
Frequently Asked Questions and a
bibliography of sources, are available on
the DOL Web site at: https://
www.dol.gov/ilab/programs/ocft/
tvpra.htm.
Signed at Washington, DC, this 6th day of
December, 2010.
Sandra Polaski,
Deputy Undersecretary for International
Affairs.
[FR Doc. 2010–31150 Filed 12–15–10; 8:45 am]
BILLING CODE 4510–28–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Standard
on Mechanical Power Presses
ACTION:
Notice.
The Department of Labor
(DOL) hereby announces the submission
of the Occupational Safety and Health
Administration (OSHA) sponsored
information collection request (ICR)
titled, ‘‘Standard on Mechanical Power
Presses,’’ to the Office of Management
and Budget (OMB) for review and
approval for continued use in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. chapter 35).
DATES: Submit comments on or before
January 18, 2011.
ADDRESSES: A copy of this ICR, with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained from the RegInfo.gov
Web site, https://www.reginfo.gov/
public/do/PRAMain or by contacting
Michel Smyth by telephone at 202–693–
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY:
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4129 (this is not a toll-free number) or
sending an e-mail to
DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for the Department of Labor,
Occupational Safety and Health
Administration (OSHA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–6929/Fax: 202–395–6881
(these are not toll-free numbers), e-mail:
OIRA_submission@omb.eop.gov.
FOR FURTHER INFORMATION: Contact
Michel Smyth by telephone at 202–693–
4129 (this is not a toll-free number) or
by e-mail at
DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: The
inspection and certification records
required by the Standard on Mechanical
Power Presses are intended to ensure
that mechanical power presses are in
safe operating condition, and that all
safety devices are working properly.
Failure of these safety devices could
cause serious injury or death to a
worker.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
currently approved by the OMB under
the PRA and displays a currently valid
OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information if the
collection of information does not
display a currently valid OMB control
number. See 5 CFR 1320.5(a) and
1320.6. The DOL obtains OMB approval
for this information collection under
OMB Control Number 1218–0229. The
current OMB approval is scheduled to
expire on December 31, 2010; however,
it should be noted that information
collections submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional information, see the related
notice published in the Federal Register
on August 11, 2010 (75 FR 48726).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to ensure the appropriate
consideration, comments should
reference OMB Control Number 1218–
0229. The OMB is particularly
interested in comments that:
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78755
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: Occupational Safety and
Health Administration (OSHA).
Title of Collection: Standard on
Mechanical Power Presses.
OMB Control Number: 1218–0229.
Affected Public: Private sector,
businesses or other for-profits.
Total Estimated Number of
Respondents: 295,000.
Total Estimated Number of
Responses: 9,975,130.
Total Estimated Annual Burden
Hours: 1,373,054.
Total Estimated Annual Costs Burden:
$0.
Dated: December 13, 2010.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2010–31581 Filed 12–15–10; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Office of the Secretary
Notice of Initial Determination Revising
the List of Products Requiring Federal
Contractor Certification as to Forced/
Indentured Child Labor Pursuant to
Executive Order 13126
Bureau of International Labor
Affairs (ILAB), Labor.
ACTION: Request for comments.
AGENCY:
This initial determination
proposes to revise the list required by
Executive Order No. 13126 (‘‘Prohibition
of Acquisition of Products Produced by
Forced or Indentured Child Labor’’), in
accordance with the Department of
Labor’s ‘‘Procedural Guidelines for the
Maintenance of the List of Products
Requiring Federal Contractor
Certification as to Forced or Indentured
SUMMARY:
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Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices
Child Labor.’’ This notice proposes to
add a product, (along with its country
of origin) to the list that the Department
of Labor preliminarily believes might
have been mined, produced, or
manufactured by forced or indentured
child labor. This notice also proposes to
remove a product (along with its
country of origin) from the list where,
preliminarily, the Department of Labor
has reason to believe that the use of
forced or indentured child labor has
been significantly reduced if not
eliminated. The Department of Labor
invites public comment on this initial
determination. The Department will
consider all public comments prior to
publishing a final determination
updating the list of products, made in
consultation and cooperation with the
Department of State, and the
Department of Homeland Security.
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 5 p.m., February 15, 2011.
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–2010–0005,’’ may be submitted by
any of the following methods:
• Federal eRulemaking Portal: https://
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): Brandie Sasser at U.S.
Department of Labor, OCFT, Bureau of
International Labor Affairs, 200
Constitution Avenue, NW., Room S–
5317, Washington, DC 20210.
• E-mail: EO13126@dol.gov.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with NOTICES
I. Background
On June 12, 1999, President Clinton
signed Executive Order No. 13126 (EO
13126), which was published in the
Federal Register on June 16, 1999 (64
FR 32383). EO 13126 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 good,
wares, articles, and merchandise mined,
produced or manufactured wholly or in
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part by forced or indentured child
labor.’’ Pursuant to EO 13126, and
following public notice and comment,
the Department of Labor published in
the January 18, 2001, Federal Register,
a list of products (the ‘‘List’’) (along with
their respective countries of origin) that
the Department, in consultation and
cooperation with the Departments of
State and Treasury (relevant
responsibilities now within the
Department of Homeland Security), had
a reasonable basis to believe might have
been mined, produced or manufactured
with forced or indentured child labor
(66 FR 5353). The Department also
published on January 18, 2001,
‘‘Procedural Guidelines for Maintenance
of the List of Products Requiring Federal
Contractor Certification as to Forced or
Indentured Child Labor’’ (Procedural
Guidelines), which provide guidelines
on the maintenance, review, and as
appropriate, revision of the List (66 FR
5351).
The Procedural Guidelines provide
that the List may be updated through
considerations of submissions by
individuals and on the Department’s
own initiative. In either event, when
proposing to update the List, the
Department of Labor must publish in
the Federal Register a notice of initial
determination, which includes any
proposed alteration to the List. The
Department will consider all public
comments prior to the publication of a
final determination of an updated list,
which is made in consultation and
cooperation with the Departments of
State and Homeland Security.
On January 18, 2001, pursuant to
Section 3 of the EO 13126, the Federal
Acquisition Regulatory Councils
published a final rule to implement
specific provisions of EO 13126 that
requires, among other things, that
federal contractors who supply products
that appear on the List issued by the
Department 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.
See 48 CFR Subpart 22.15.
On September 11, 2009, the
Department of Labor published an
initial determination in the Federal
Register proposing to update the List to
include 29 products from 21 countries.
The Notice requested public comments
for a period of 90 days. Public
comments were received and reviewed
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by all relevant agencies, and a final
determination was issued on July 20,
2010 that included all products
proposed in the initial determination
except for carpets from India. (75 FR
42164).
The current List and the Procedural
Guidelines can be accessed on the
Internet at https://www.dol.gov/ILAB/
regs/eo13126/main.htm or can be
obtained from: 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. Definition of Forced/Indentured
Child Labor
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.
Information Sought
The Department is requesting public
comment on the revisions to the List
proposed below, as well as any other
issue related to the fair and effective
implementation of EO 13126. 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 and on
www.regulations.gov.
In conducting research for this initial
determination, the Department
considered a wide variety of materials
originating from its own research, other
U.S. Government agencies, foreign
governments, international
organizations, non-governmental
organizations (NGOs), U.S. Governmentfunded technical assistance and field
research projects, academic research,
independent research, media, and other
sources. The Department of State and
U.S. embassies and consulates abroad
also provide important information by
gathering data from contacts,
conducting site visits, and reviewing
local media sources. Further, for this
initial determination, the Department
sought additional information from the
public through a call for information
published in the Federal Register on
February 24, 2010.
In developing the revised List, the
Department’s review focused on
available information concerning the
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use of forced or indentured child labor.
The lack of available information does
not, by itself, establish that, in any
particular country, or for any particular
product, forced or indentured child
labor is not being used. Government
resources for acquiring information are
limited. In addition, information about
actual working conditions in some
countries is difficult or impossible to
obtain, for a variety of reasons. For
example, governments are unable or
unwilling to cooperate with
international efforts, or with the efforts
of NGOs, to uncover and address
abuses. Institutions or organizations that
might uncover such information, such
as free and independent news media,
trade unions, and NGOs also may not
exist.
As outlined in the Procedural
Guidelines, several factors were
weighed in determining whether or not
a product should be placed on the
revised 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 and industry.
This notice constitutes the initial
determination updating the EO 13126
list issued July 20, 2010. Based on
recent, credible, and appropriately
corroborated information from various
sources, the Departments of Labor,
State, and Homeland Security have
preliminarily concluded that there is a
reasonable basis to believe that the
following product, identified by its
country of origin, might have been
mined, produced, or manufactured by
forced or indentured child labor:
Product: Hand-Woven Textiles
Country: Ethiopia
In addition, the Departments of Labor,
State, and Homeland Security have
preliminarily concluded that there is no
longer a reasonable basis to believe that
the use of forced or indentured child
labor in the production of the following
product, identified by its country of
origin:
Product: Charcoal
Country: Brazil
After the July 2010 update to the List,
the Department of Labor received
recent, credible, and appropriately
corroborated information from various
sources on the use of forced or
indentured child labor in charcoal
production in Brazil. This information
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indicates that while children previously
worked under forced labor conditions in
charcoal production, there is no longer
a reasonable basis the problem has been
significantly reduced if not eliminated.
Therefore, the Departments of Labor,
State, and Homeland Security have
preliminarily concluded that there is no
longer a reasonable basis to believe that
charcoal from Brazil is produced by
forced or indentured child labor and
therefore it should not continue to be on
the List.
The Government of Brazil has
developed a comprehensive approach to
combat forced labor, including forced
child labor, that includes robust policies
and legislation, strong enforcement
efforts, allocation of financial resources,
and programs to assist victims of forced
labor. For example, legislation requires
fines and imprisonment of four to
twelve years for the use of forced child
labor, and the Government provides
financial and employment assistance to
victims of forced labor. The Government
is currently implementing its Second
National Plan to Combat Forced Labor
and also has established a National
Agreement to Eradicate Forced Labor,
which involves more than 130 parties
whose efforts are monitored and tracked
online. Brazil also publishes a ‘‘Dirty
List’’ (Lista Suja) of forced labor cases,
including the names of companies and
property owners who employ workers
under forced labor conditions. The
Government has created a Special
Mobile Inspection Unit (GEFM) at the
Ministry of Labor and Employment
(MTE), which performs on-site
investigations of forced labor cases.
GEFM is composed of teams of labor
inspectors, Labor Public Ministry
attorneys, and members of the National
Police. Currently, more than 100 labor
inspectors are part of this inspection
unit. To resolve such cases, GEFM has
the right to initiate formal charges, to
settle the complaint at the scene of the
crime, and to levy fines. Such fines are
used to enhance enforcement efforts,
undertake preventative efforts, and to
provide services to forced labor victims,
including children.
In response to being placed on the
List, the Government of Brazil provided
additional information to the
Department of Labor on the status of
forced or indentured child labor in
charcoal production. The information
included disaggregated data that
indicates that, from January 2007 to
September 2010, the MTE conducted
1,924 labor inspections in 23 states and
found no child under 18 working under
forced labor conditions in charcoal
production. The MTE’s public Web site
shows that from January 2007 to August
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2010, the GEFM conducted 499
investigations of forced labor cases,
inspected 1,025 businesses, and rescued
more than 16,000 workers from forced
labor conditions. While the Government
collects data in a disaggregated manner,
information made publicly available on
the Web site is not disaggregated by age
or sector.
To corroborate the Brazilian
Government’s data that indicated no
evidence of forced child labor in
charcoal production, the Department
accessed information publicly available
since the end of the previous research
period (2008–2010) and spoke with a
number of stakeholders actively engaged
in forced labor issues in the charcoal
sector. These sources, which included
the International Labor OrganizaILO,
Reporter Brasil, the Citizens’ Charcoal
Institute (ICC), and the Pastoral Land
Commission (CPT), indicate that forced
child labor in the production of charcoal
has been significantly reduced if not
eliminated. Both the CPT and ICC
provided monitoring data to support
these claims, although the CPT data
differs slightly from the Government’s
data. The CPT, which receives
complaints of forced labor cases, carries
out independent forced labor
monitoring and also refers cases to the
GEFM, reported that from June 2008 to
August 2010, it submitted five
complaints of forced labor in charcoal to
MTE that involved 76 victims, including
10 children. Thus, while it appears that
there continue to be isolated cases of
forced child labor, the Government has
established mechanisms to address and
respond to such cases. The ICC, which
independently monitors labor
conditions in charcoal enterprises in the
´
˜
states of Para, Maranhao, Tocantins, and
´
Piauı, has carried out 2,793 inspections
in 158 municipalities, registered
145,917 charcoal kilns, and reached out
to more than 52,000 charcoal workers. It
found no evidence of forced child labor
in these businesses.
According to information obtained,
factors driving the reduction in forced
child labor in the charcoal industry
have included increased government
enforcement, government collaboration
with civil society, awareness-raising
among workers, and monitoring systems
put in place by companies in the pig
iron/charcoal supply chain.
It is important to note that
information obtained by the Department
indicates that adult forced labor and
child labor that is not forced is still
occurring in the production of charcoal.
Therefore, while the Department is
proposing to remove charcoal from
Brazil from the EO 13126 List, it will
continue to be included on The
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Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices
Department of Labor’s List of Goods
Produced by Child Labor or Forced
Labor.
The Department invites public
comment on whether these products
(and/or other products, regardless of
whether they are mentioned in this
Notice) should be included on or
removed from the revised List of
products requiring federal contractor
certification as to the use of forced or
indentured child labor. To the extent
possible, comments provided should
address the criteria for inclusion of a
product on the List contained in the
Procedural Guidelines discussed above.
The Department is also interested in
public comments relating to whether
products initially determined to be on
the List are designated with appropriate
specificity and whether alternative
designations would better serve the
purposes of EO 13126.
The bibliography providing the
preliminary basis for adding handwoven textiles from Ethiopia on the List
and additional documentation on the
removal of charcoal from Brazil are
available on the Internet at https://
www.dol.gov/ILAB/regs/eo13126/
main.htm.
As explained, following receipt and
consideration of comments on the
revised List set out above, the
Department of Labor, in consultation
and cooperation with the Departments
of State Homeland Security, will issue
a final determination in the Federal
Register. The Department of Labor
intends to continue to revise the List
periodically, to add and/or delete
products, as justified by new
information.
Signed at Washington, DC, this 8th day of
December, 2010.
Sandra Polaski,
Deputy Undersecretary, Bureau of
International Labor Affairs.
[FR Doc. 2010–31213 Filed 12–15–10; 8:45 am]
BILLING CODE 4510–28–P
DEPARTMENT OF LABOR
Office of the Secretary
srobinson on DSKHWCL6B1PROD with NOTICES
Bureau of International Labor Affairs;
Labor Advisory Committee for Trade
Negotiations and Trade Policy
ACTION:
Meeting notice.
Pursuant to the provisions of
the Federal Advisory Committee Act
(Pub. L. 92–463, as amended), notice is
hereby given of a meeting of the Labor
Advisory Committee for Trade
Negotiation and Trade Policy.
SUMMARY:
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Date, Time, Place: January 12, 2011;
10 a.m.–11:30 a.m.; U.S. Department of
Labor, Secretary’s Conference Room,
200 Constitution Ave., NW.,
Washington, DC.
Purpose: The meeting will include a
review and discussion of current issues
which influence U.S. trade policy.
Potential U.S. negotiating objectives and
bargaining positions in current and
anticipated trade negotiations will be
discussed. Pursuant to 19 U.S.C. 2155(f)
it has been determined that the meeting
will be concerned with matters the
disclosure of which would seriously
compromise the Government’s
negotiating objectives or bargaining
positions. Accordingly, the meeting will
be closed to the public.
FOR FURTHER INFORMATION, CONTACT:
Gregory Schoepfle, Director, Office of
Trade and Labor Affairs; Phone: (202)
693–4887.
Signed at Washington, DC, the 10th day of
December, 2010.
Sandra Polaski,
Deputy Undersecretary International Affairs.
[FR Doc. 2010–31582 Filed 12–15–10; 8:45 am]
BILLING CODE 4510–28–P
representations contained in the
application for exemption and referred
interested persons to the application for
a complete statement of the facts and
representations. The application has
been available for public inspection at
the Department in Washington, DC. The
notice also invited interested persons to
submit comments on the requested
exemption to the Department. In
addition, the notice stated that any
interested person might submit a
written request that a public hearing be
held (where appropriate). The applicant
has represented that it has complied
with the requirements of the notification
to interested persons. No requests for a
hearing were received by the
Department. Public comments were
received by the Department as described
in the granted exemption.
The notice of proposed exemption
was issued and the exemption is being
granted solely by the Department
because, effective December 31, 1978,
section 102 of Reorganization Plan No.
4 of 1978, 5 U.S.C. App. 1 (1996),
transferred the authority of the Secretary
of the Treasury to issue exemptions of
the type proposed to the Secretary of
Labor.
DEPARTMENT OF LABOR
Statutory Findings
Employee Benefits Security
Administration
In accordance with section 408(a) of
the Act and/or section 4975(c)(2) of the
Code and the procedures set forth in 29
CFR Part 2570, Subpart B (55 FR 32836,
32847, August 10, 1990) and based upon
the entire record, the Department makes
the following findings:
(a) The exemption is administratively
feasible;
(b) The exemption is in the interests
of the plan and its participants and
beneficiaries; and
(c) The exemption is protective of the
rights of the participants and
beneficiaries of the plan.
Deutsche Asset Management (UK)
Limited (the Applicant), Located in
London, England, a Wholly-Owned
Subsidiary of Deutsche Bank AG,
Located in Frankfurt, Germany, and
Throughout the World
[Prohibited Transaction Exemption
2010–31; Exemption Application
Number D–11495]
Prohibited Transaction Exemptions
From Certain Prohibited Transaction
Restrictions
Employee Benefits Security
Administration, Labor.
ACTION: Grant of Individual Exemptions.
AGENCY:
This document contains
exemptions issued by the Department of
Labor (the Department) from certain of
the prohibited transaction restrictions of
the Employee Retirement Income
Security Act of 1974 (ERISA or the Act)
and/or the Internal Revenue Code of
1986 (the Code).
This notice includes the following:
2010–31, Deutsche Asset Management
(UK) Limited, D–11495; 2010–32,
Sherburne Tele Systems, Inc. Amended
and Restored Stock Ownership Plan and
Trust (the ‘‘ESOP’’), D–11569; 2010–33,
Citigroup Global Markets, Inc. and Its
Affiliates (together, CGMI or the
Applicant), D–11573; and 2010–34,
Retirement Plan for Employees of the
Rehabilitation Institute of Chicago (the
Plan), D–11585.
SUPPLEMENTARY INFORMATION: A notice
was published in the Federal Register of
the pendency before the Department of
a proposal to grant such exemption. The
notice set forth a summary of facts and
SUMMARY:
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Exemption
Section I—Covered Transactions
The restrictions of sections
406(a)(1)(A), 406(a)(1)(B), 406(a)(1)(D),
406(b)(1), and 406(b)(2) of the Act and
the sanctions resulting from the
application of section 4975 of the Code,
by reason of sections 4975(c)(1)(A), (B),
(D), and (E) of the Code, shall not apply
to certain foreign exchange Hedging and
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]]>Agencies
[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78755-78758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31213]
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DEPARTMENT OF LABOR
Office of the Secretary
Notice of Initial Determination Revising the List of Products
Requiring Federal Contractor Certification as to Forced/Indentured
Child Labor Pursuant to Executive Order 13126
AGENCY: Bureau of International Labor Affairs (ILAB), Labor.
ACTION: Request for comments.
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SUMMARY: This initial determination proposes to revise the list
required by Executive Order No. 13126 (``Prohibition of Acquisition of
Products Produced by Forced or Indentured Child Labor''), in accordance
with the Department of Labor's ``Procedural Guidelines for the
Maintenance of the List of Products Requiring Federal Contractor
Certification as to Forced or Indentured
[[Page 78756]]
Child Labor.'' This notice proposes to add a product, (along with its
country of origin) to the list that the Department of Labor
preliminarily believes might have been mined, produced, or manufactured
by forced or indentured child labor. This notice also proposes to
remove a product (along with its country of origin) from the list
where, preliminarily, the Department of Labor has reason to believe
that the use of forced or indentured child labor has been significantly
reduced if not eliminated. The Department of Labor invites public
comment on this initial determination. The Department will consider all
public comments prior to publishing a final determination updating the
list of products, made in consultation and cooperation with the
Department of State, and the Department of Homeland Security.
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 5 p.m., February 15, 2011.
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-2010-0005,'' may be submitted by any of
the following methods:
Federal eRulemaking Portal: https://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): Brandie Sasser at U.S. Department of Labor, OCFT,
Bureau of International Labor Affairs, 200 Constitution Avenue, NW.,
Room S-5317, Washington, DC 20210.
E-mail: EO13126@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 12, 1999, President Clinton signed Executive Order No.
13126 (EO 13126), which was published in the Federal Register on June
16, 1999 (64 FR 32383). EO 13126 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 good, wares, articles, and merchandise
mined, produced or manufactured wholly or in part by forced or
indentured child labor.'' Pursuant to EO 13126, and following public
notice and comment, the Department of Labor published in the January
18, 2001, Federal Register, a list of products (the ``List'') (along
with their respective countries of origin) that the Department, in
consultation and cooperation with the Departments of State and Treasury
(relevant responsibilities now within the Department of Homeland
Security), had a reasonable basis to believe might have been mined,
produced or manufactured with forced or indentured child labor (66 FR
5353). The Department also published on January 18, 2001, ``Procedural
Guidelines for Maintenance of the List of Products Requiring Federal
Contractor Certification as to Forced or Indentured Child Labor''
(Procedural Guidelines), which provide guidelines on the maintenance,
review, and as appropriate, revision of the List (66 FR 5351).
The Procedural Guidelines provide that the List may be updated
through considerations of submissions by individuals and on the
Department's own initiative. In either event, when proposing to update
the List, the Department of Labor must publish in the Federal Register
a notice of initial determination, which includes any proposed
alteration to the List. The Department will consider all public
comments prior to the publication of a final determination of an
updated list, which is made in consultation and cooperation with the
Departments of State and Homeland Security.
On January 18, 2001, pursuant to Section 3 of the EO 13126, the
Federal Acquisition Regulatory Councils published a final rule to
implement specific provisions of EO 13126 that requires, among other
things, that federal contractors who supply products that appear on the
List issued by the Department 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. See 48 CFR Subpart 22.15.
On September 11, 2009, the Department of Labor published an initial
determination in the Federal Register proposing to update the List to
include 29 products from 21 countries. The Notice requested public
comments for a period of 90 days. Public comments were received and
reviewed by all relevant agencies, and a final determination was issued
on July 20, 2010 that included all products proposed in the initial
determination except for carpets from India. (75 FR 42164).
The current List and the Procedural Guidelines can be accessed on
the Internet at https://www.dol.gov/ILAB/regs/eo13126/main.htm or can be
obtained from: 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. Definition of Forced/Indentured Child Labor
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.
Information Sought
The Department is requesting public comment on the revisions to the
List proposed below, as well as any other issue related to the fair and
effective implementation of EO 13126. 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 and on www.regulations.gov.
In conducting research for this initial determination, the
Department considered a wide variety of materials originating from its
own research, other U.S. Government agencies, foreign governments,
international organizations, non-governmental organizations (NGOs),
U.S. Government-funded technical assistance and field research
projects, academic research, independent research, media, and other
sources. The Department of State and U.S. embassies and consulates
abroad also provide important information by gathering data from
contacts, conducting site visits, and reviewing local media sources.
Further, for this initial determination, the Department sought
additional information from the public through a call for information
published in the Federal Register on February 24, 2010.
In developing the revised List, the Department's review focused on
available information concerning the
[[Page 78757]]
use of forced or indentured child labor. The lack of available
information does not, by itself, establish that, in any particular
country, or for any particular product, forced or indentured child
labor is not being used. Government resources for acquiring information
are limited. In addition, information about actual working conditions
in some countries is difficult or impossible to obtain, for a variety
of reasons. For example, governments are unable or unwilling to
cooperate with international efforts, or with the efforts of NGOs, to
uncover and address abuses. Institutions or organizations that might
uncover such information, such as free and independent news media,
trade unions, and NGOs also may not exist.
As outlined in the Procedural Guidelines, several factors were
weighed in determining whether or not a product should be placed on the
revised 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 and industry.
This notice constitutes the initial determination updating the EO
13126 list issued July 20, 2010. Based on recent, credible, and
appropriately corroborated information from various sources, the
Departments of Labor, State, and Homeland Security have preliminarily
concluded that there is a reasonable basis to believe that the
following product, identified by its country of origin, might have been
mined, produced, or manufactured by forced or indentured child labor:
Product: Hand-Woven Textiles
Country: Ethiopia
In addition, the Departments of Labor, State, and Homeland Security
have preliminarily concluded that there is no longer a reasonable basis
to believe that the use of forced or indentured child labor in the
production of the following product, identified by its country of
origin:
Product: Charcoal
Country: Brazil
After the July 2010 update to the List, the Department of Labor
received recent, credible, and appropriately corroborated information
from various sources on the use of forced or indentured child labor in
charcoal production in Brazil. This information indicates that while
children previously worked under forced labor conditions in charcoal
production, there is no longer a reasonable basis the problem has been
significantly reduced if not eliminated. Therefore, the Departments of
Labor, State, and Homeland Security have preliminarily concluded that
there is no longer a reasonable basis to believe that charcoal from
Brazil is produced by forced or indentured child labor and therefore it
should not continue to be on the List.
The Government of Brazil has developed a comprehensive approach to
combat forced labor, including forced child labor, that includes robust
policies and legislation, strong enforcement efforts, allocation of
financial resources, and programs to assist victims of forced labor.
For example, legislation requires fines and imprisonment of four to
twelve years for the use of forced child labor, and the Government
provides financial and employment assistance to victims of forced
labor. The Government is currently implementing its Second National
Plan to Combat Forced Labor and also has established a National
Agreement to Eradicate Forced Labor, which involves more than 130
parties whose efforts are monitored and tracked online. Brazil also
publishes a ``Dirty List'' (Lista Suja) of forced labor cases,
including the names of companies and property owners who employ workers
under forced labor conditions. The Government has created a Special
Mobile Inspection Unit (GEFM) at the Ministry of Labor and Employment
(MTE), which performs on-site investigations of forced labor cases.
GEFM is composed of teams of labor inspectors, Labor Public Ministry
attorneys, and members of the National Police. Currently, more than 100
labor inspectors are part of this inspection unit. To resolve such
cases, GEFM has the right to initiate formal charges, to settle the
complaint at the scene of the crime, and to levy fines. Such fines are
used to enhance enforcement efforts, undertake preventative efforts,
and to provide services to forced labor victims, including children.
In response to being placed on the List, the Government of Brazil
provided additional information to the Department of Labor on the
status of forced or indentured child labor in charcoal production. The
information included disaggregated data that indicates that, from
January 2007 to September 2010, the MTE conducted 1,924 labor
inspections in 23 states and found no child under 18 working under
forced labor conditions in charcoal production. The MTE's public Web
site shows that from January 2007 to August 2010, the GEFM conducted
499 investigations of forced labor cases, inspected 1,025 businesses,
and rescued more than 16,000 workers from forced labor conditions.
While the Government collects data in a disaggregated manner,
information made publicly available on the Web site is not
disaggregated by age or sector.
To corroborate the Brazilian Government's data that indicated no
evidence of forced child labor in charcoal production, the Department
accessed information publicly available since the end of the previous
research period (2008-2010) and spoke with a number of stakeholders
actively engaged in forced labor issues in the charcoal sector. These
sources, which included the International Labor OrganizaILO, Reporter
Brasil, the Citizens' Charcoal Institute (ICC), and the Pastoral Land
Commission (CPT), indicate that forced child labor in the production of
charcoal has been significantly reduced if not eliminated. Both the CPT
and ICC provided monitoring data to support these claims, although the
CPT data differs slightly from the Government's data. The CPT, which
receives complaints of forced labor cases, carries out independent
forced labor monitoring and also refers cases to the GEFM, reported
that from June 2008 to August 2010, it submitted five complaints of
forced labor in charcoal to MTE that involved 76 victims, including 10
children. Thus, while it appears that there continue to be isolated
cases of forced child labor, the Government has established mechanisms
to address and respond to such cases. The ICC, which independently
monitors labor conditions in charcoal enterprises in the states of
Par[aacute], Maranh[atilde]o, Tocantins, and Piau[iacute], has carried
out 2,793 inspections in 158 municipalities, registered 145,917
charcoal kilns, and reached out to more than 52,000 charcoal workers.
It found no evidence of forced child labor in these businesses.
According to information obtained, factors driving the reduction in
forced child labor in the charcoal industry have included increased
government enforcement, government collaboration with civil society,
awareness-raising among workers, and monitoring systems put in place by
companies in the pig iron/charcoal supply chain.
It is important to note that information obtained by the Department
indicates that adult forced labor and child labor that is not forced is
still occurring in the production of charcoal. Therefore, while the
Department is proposing to remove charcoal from Brazil from the EO
13126 List, it will continue to be included on The
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Department of Labor's List of Goods Produced by Child Labor or Forced
Labor.
The Department invites public comment on whether these products
(and/or other products, regardless of whether they are mentioned in
this Notice) should be included on or removed from the revised List of
products requiring federal contractor certification as to the use of
forced or indentured child labor. To the extent possible, comments
provided should address the criteria for inclusion of a product on the
List contained in the Procedural Guidelines discussed above. The
Department is also interested in public comments relating to whether
products initially determined to be on the List are designated with
appropriate specificity and whether alternative designations would
better serve the purposes of EO 13126.
The bibliography providing the preliminary basis for adding hand-
woven textiles from Ethiopia on the List and additional documentation
on the removal of charcoal from Brazil are available on the Internet at
https://www.dol.gov/ILAB/regs/eo13126/main.htm.
As explained, following receipt and consideration of comments on
the revised List set out above, the Department of Labor, in
consultation and cooperation with the Departments of State Homeland
Security, will issue a final determination in the Federal Register. The
Department of Labor intends to continue to revise the List
periodically, to add and/or delete products, as justified by new
information.
Signed at Washington, DC, this 8th day of December, 2010.
Sandra Polaski,
Deputy Undersecretary, Bureau of International Labor Affairs.
[FR Doc. 2010-31213 Filed 12-15-10; 8:45 am]
BILLING CODE 4510-28-P
