Notice of Initial Determination Updating the List of Products Requiring Federal Contractor Certification as to Forced/Indentured Child Labor Pursuant to Executive Order 13126, 46794-46796 [E9-21507]
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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices
Proview Technology, Suzhou, and Top
Victory Investments; and (3) a
Commission investigative attorney to be
designated by the Director, Office of
Unfair Import Investigations.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.75 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.75).
By order of the Commission.
Issued: September 4, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–21901 Filed 9–10–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
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Notice of Lodging of Consent Decree
Under the Clean Water Act
Notice is hereby given that on August
28, 2009, a proposed Consent Decree
(‘‘Decree’’) in United States v.
Charleswood, Inc., Civil Action No.
3:09–CV–00080 (RRE–KKK), was lodged
with the United States District Court for
the District of North Dakota,
Southeastern Division. The case was
brought under Section 402 of the Clean
Water Act (‘‘CWA’’), 33 U.S.C. 1342,
and involves the applicable permits
governing discharge of storm water from
the Charleswood Development in West
Fargo, North Dakota.
The Consent Decree requires that
Charleswood (1) achieve and maintain
compliance with the CWA and its
implementing regulations, including
applicable permits; (2) pay a civil
penalty of $37,500 to redress the
company’s past violations of the CWA
and its implementing regulations,
including applicable permits; and (3)
establish a compliance and oversight
program that must be implemented by
the company to reduce the discharge of
storm water from the Charleswood
Development.
The United States filed a Complaint
with the Consent Decree which alleges
that Charleswood failed to comply with
the conditions of two general permits
issued to it under Section 402 of the
Act, 33 U.S.C. 1342, relating to the
Charleswood Development. The
Consent Decree would resolve the
claims against Charleswood as
described in the Complaint. The
ultimate entry of the Consent Decree by
the District Court of North Dakota
would end this litigation.
The Department of Justice will receive
for a period of thirty (30) days from the
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15:23 Sep 10, 2009
Jkt 217001
date of this publication comments
relating to the Decree. Comments should
be addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and either e-mailed
to pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to Civil
Action No. 3:09–CV–00080 (RRE–KKK),
D.J. Ref. No. 90–5–1–1–08299.
The Decree may be examined at the
Office of the United States Attorney,
District of North Dakota, 655 1 Ave. N.,
Suite 250, Fargo, North Dakota 58102. It
also may be examined at the offices of
U.S. EPA Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202. During
the public comment period, the Decree
may be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html.
A copy of the Decree may be obtained
by mail from the Consent Decree
Library, P.O. Box 7611, U.S. Department
of Justice, Washington, DC 20044–7611
or by faxing or e-mailing a request to
Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please enclose a check in the amount of
$13.00 (25 cents per page reproduction
cost) payable to the U.S. Treasury or, if
by e-mail or fax, forward a check in that
amount to the Consent Decree Library at
the stated address.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9–21907 Filed 9–10–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Office of the Secretary
Notice of Initial Determination
Updating 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, Labor.
ACTION: Request for comments.
SUMMARY: This initial determination
proposes to update the list required by
Executive Order No. 13126
(‘‘Prohibition of Acquisition of Products
Produced by Forced or Indentured Child
Labor’’), in accordance with the
‘‘Procedural Guidelines for the
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Sfmt 4703
Maintenance of the List of Products
Requiring Federal Contractor
Certification as to Forced or Indentured
Child Labor.’’ This notice sets forth an
updated list of products, by country of
origin, which the Department of Labor
preliminarily believes might have been
mined, produced, or manufactured by
forced or indentured child labor. The
Department of Labor invites public
comment on its initial determination as
to products that appear on the updated
list set forth in this notice. 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., December 10, 2009.
To Submit Information, or for Further
Information, Contact: 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–2009–0002,’’ 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): Charita Castro or Rachel Rigby
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
Executive Order No. 13126 (EO
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 good, wares, articles, and
merchandise mined, produced or
manufactured wholly or in part by
forced or indentured child labor.’’
Pursuant to the EO 13126, and following
public notice and comment, the
Department of Labor published in the
January 18, 2001, Federal Register, a
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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices
final list of products (the ‘‘List’’),
identified by their country 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). In addition to the List, 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 for maintaining,
reviewing, and, as appropriate, revising
the List (66 FR 5351). 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.
Pursuant to Section 3 of the Executive
Order, the Federal Acquisition
Regulatory Councils 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
List issued by the Department of Labor
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. See 48 CFR
Subpart 22.15.
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II. Update to EO 13126 List
Pursuant to Sections D through G of
the Procedural Guidelines, the EO
13126 List may be updated through
considerations of submissions by
individuals or through OCFT’s own
initiative. When updating the List on its
own initiative, 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.
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15:23 Sep 10, 2009
Jkt 217001
III. 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 proposed updated EO
13126 List (see list of products and
countries below), the inclusion of
certain products on the List, the
exclusion of other products from the
List, and any other issue related to the
fair and effective implementation of this
aspect of EO 13126. This notice is a
general solicitation of comments from
the public. All submitted comments will
be made a part of the record of the
review referred to above and will be
made available for public inspection.
In preparing the initial determination
updating the List, the Department of
Labor considered the products and
countries mentioned in its child labor
reports. It also considered the
testimony, written submissions, and
other information presented to the
Department, as well as research on 77
countries carried out by the Department,
in connection with its mandates under
the 2005 Trafficking Victims Protection
Reauthorization Act (TVPRA) to
produce a ‘‘List of Goods from Countries
that the Bureau of International Labor
Affairs has Reason to Believe are
Produced by Forced Labor or Child
Labor in Violation of International
Standards.’’ The TVPRA list
encompassed both goods made with
forced labor and child labor, whereas
the EO 13126 List only includes
products made with forced or
indentured child labor. Information on
the TVPRA can be found at https://
www.dol.gov/ILAB/programs/ocft/
tvpra.htm. Finally, the Department
considered information provided in two
public submissions alleging forced or
indentured child labor. The first was a
public submission by Free the Slaves
alleging forced child labor in the cocoa
industry in Cote d’Ivoire, which was
accepted for review by the Department
on March 20, 2001. The second was a
public submission accepted for review
on October 1, 2007 by State Department
Watch alleging the use of forced child
labor in the production of bricks, coal,
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Sfmt 4703
foundry products, chemicals, cotton,
grape products, toys, and fireworks in
China. The Department has consulted
and cooperated with the Departments of
State and Homeland Security in the
initial determination of the updated list
of products.
In developing the updated list of
products, our review focused on
available information concerning the
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 may be unable or
unwilling to cooperate with
international efforts, or the efforts of
non-governmental organizations, to
uncover and address abuses. Institutions
or organizations that might uncover
such information, such as free and
independent news media, trade unions,
and non-governmental organizations
may not exist. In short, the list of
products should not be taken as
presenting a complete picture of the use
of forced or indentured child labor
around the world.
As outlined in the Procedural
Guidelines, several factors were
weighed in determining whether or not
a product should be placed on the
updated 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.
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 products, identified by their
country of origin, might have been
mined, produced, or manufactured by
forced or indentured child labor. The
below list of products, by country of
origin, constitutes the initial
determination updating the EO 13126
list issued January 18, 2001.
Product
Bamboo ....................
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11SEN1
Countries
Burma
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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices
Product
Beans (green, soy,
yellow).
Brazil Nuts/Chestnuts
Bricks ........................
Carpets .....................
Charcoal ...................
Coal ..........................
Coca (stimulant plant)
Cocoa .......................
Coffee .......................
Cotton .......................
Cottonseed (hybrid) ..
Diamonds ..................
Electronics ................
Embroidered Textiles
(zari).
Garments ..................
Gold ..........................
Granite ......................
Gravel (crushed
stones).
Pornography .............
Rice ...........................
Rubber ......................
Shrimp ......................
Stones .......................
Sugarcane ................
Teak ..........................
Tilapia (fish) ..............
Tobacco ....................
Toys ..........................
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periodically, to add and/or delete
products, as justified by new
information.
Countries
Burma
Bolivia
Burma, China, India,
Nepal, Pakistan
India, Nepal, Pakistan
Brazil
Pakistan
Colombia
Cote d’Ivoire, Nigeria
Cote d’Ivoire
Benin, Burkina Faso,
China, Tajikistan,
Uzbekistan
India
Sierra Leone
China
India, Nepal
Argentina, India, Thailand
Burkina Faso
Nigeria
Nigeria
Russia
Burma, India, Mali
Burma
Thailand
India, Nepal
Bolivia, Burma
Burma
Ghana
Malawi
China
The Department of Labor invites
public comment on whether these
products (and/or other products,
regardless of whether they are
mentioned in this Notice) should be
included on the updated 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 Procedural Guideline factors
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 what, if any, alternative
designations would better serve the
purposes of EO 13126.
The bibliographies providing the
preliminary basis for including each
product on the list 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
updated 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 providing a final list of
products. The Department of Labor
intends to continue to revise the List
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15:23 Sep 10, 2009
Jkt 217001
Signed at Washington, DC, this 2nd day of
September 2009.
Sandra Polaski,
Deputy Undersecretary, Bureau of
International Labor Affairs.
[FR Doc. E9–21507 Filed 9–10–09; 8:45 am]
BILLING CODE 4510–28–P
OFFICE OF MANAGEMENT AND
BUDGET
Compliance Assistance Resources and
Points of Contact Available to Small
Businesses
AGENCY: Office of Management and
Budget, Executive Office of the
President.
ACTION: Notice.
SUMMARY: In accordance with the Small
Business Paperwork Relief Act of 2002
(44 U.S.C. 3520), the Office of
Management and Budget (OMB) is
publishing a ‘‘list of the compliance
assistance resources available to small
businesses’’ and a list of the points of
contacts in agencies ‘‘to act as a liaison
between the agency and small business
concerns’’ with respect to the collection
of information and the control of
paperwork. This information is posted
on the following Web site: https://
www.business.gov/business-law/
contacts/federal/.
FOR FURTHER INFORMATION CONTACT:
Wendy Liberante, Office of Information
and Regulatory Affairs, Office of
Management and Budget, E-mail:
wliberante@omb.eop.gov, Telephone:
(202) 395–3647. Inquiries may be
submitted by facsimile to (202) 395–
5167.
SUPPLEMENTARY INFORMATION: The Small
Business Paperwork Relief Act of 2002
(Pub. L. 107–198) requires OMB to
‘‘publish in the Federal Register and
make available on the Internet (in
consultation with the Small Business
Administration) on an annual basis a
list of the compliance assistance
resources available to small businesses’’
(44 U.S.C. 3504(c)(6)). OMB has, with
the active assistance and support of the
Small Business Administration (SBA)
and the Business Gateway Program,
assembled a list of the compliance
assistance resources available to small
businesses. This list is available today
on the following Web site: https://
www.business.gov/business-law/
contacts/federal/. There is also a link to
this information on the OMB Web site.
In addition, under another provision of
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this Act, ‘‘each agency shall, with
respect to the collection of information
and the control of paperwork, establish
1 point of contact in the agency to act
as a liaison between the agency and
small business concerns’’ (44 U.S.C.
3506(i)(1)). These contacts are also
available at https://www.business.gov/
business-law/contacts/federal/. OMB
and SBA have chosen to discharge this
statutory responsibility by publishing
agency compliance contact information
on the business.gov Web site.
Business.gov delivers compliance
information to the public more
effectively than having businesses go to
individual agency Web sites, thereby
improving the probability of success for
business owners and agency regulatory
programs. The public is not only able to
find agency points of contact for
compliance under the ‘‘contacts and
help’’ tab on Business.gov, but when
users look for information in the ‘‘small
business guides’’ on particular topics,
the relevant agency points of contact
automatically appear as part of the
guide.
Kevin Neyland,
Acting Administrator, Office of Information
and Regulatory Affairs.
[FR Doc. E9–21965 Filed 9–10–09; 8:45 am]
BILLING CODE 3110–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Permit Application Received
Under the Antarctic Conservation Act
of 1978
National Science Foundation.
Notice of permit applications
received under the Antarctic
Conservation Act.
AGENCY:
ACTION:
SUMMARY: Notice is hereby given that
the National Science Foundation (NSF)
has received a waste management
permit application for operation of a
remote field support and emergency
provisions for the Expedition Vessel,
Kapitan Khlebnikov for the 2009–2010
season and two following austral
summers. The application is submitted
to NSF pursuant to regulations issued
under the Antarctic Conservation Act of
1978.
DATES: Interested parties are invited to
submit written data, comments, or
views with respect to this permit
application within October 13, 2009.
Permit applications may be inspected by
interested parties at the Permit Office,
address below.
ADDRESSES: Comments should be
addressed to Permit Office, Room 755,
Office of Polar Programs, National
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11SEN1
Agencies
[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46794-46796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21507]
=======================================================================
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DEPARTMENT OF LABOR
Office of the Secretary
Notice of Initial Determination Updating 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, Labor.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: This initial determination proposes to update the list
required by Executive Order No. 13126 (``Prohibition of Acquisition of
Products Produced by Forced or Indentured Child Labor''), 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.'' This notice sets forth an updated list of
products, by country of origin, which the Department of Labor
preliminarily believes might have been mined, produced, or manufactured
by forced or indentured child labor. The Department of Labor invites
public comment on its initial determination as to products that appear
on the updated list set forth in this notice. 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., December 10, 2009.
To Submit Information, or for Further Information, Contact: 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-2009-0002,'' 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): Charita Castro or Rachel Rigby 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
Executive Order No. 13126 (EO 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 good, wares, articles, and
merchandise mined, produced or manufactured wholly or in part by forced
or indentured child labor.'' Pursuant to the EO 13126, and following
public notice and comment, the Department of Labor published in the
January 18, 2001, Federal Register, a
[[Page 46795]]
final list of products (the ``List''), identified by their country 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). In addition to the List, 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 for maintaining, reviewing, and, as
appropriate, revising the List (66 FR 5351). 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.
Pursuant to Section 3 of the Executive Order, the Federal
Acquisition Regulatory Councils 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 List
issued by the Department of Labor 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. See 48 CFR Subpart 22.15.
II. Update to EO 13126 List
Pursuant to Sections D through G of the Procedural Guidelines, the
EO 13126 List may be updated through considerations of submissions by
individuals or through OCFT's own initiative. When updating the List on
its own initiative, 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.
III. 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 proposed updated
EO 13126 List (see list of products and countries below), the inclusion
of certain products on the List, the exclusion of other products from
the List, and any other issue related to the fair and effective
implementation of this aspect of EO 13126. This notice is a general
solicitation of comments from the public. All submitted comments will
be made a part of the record of the review referred to above and will
be made available for public inspection.
In preparing the initial determination updating the List, the
Department of Labor considered the products and countries mentioned in
its child labor reports. It also considered the testimony, written
submissions, and other information presented to the Department, as well
as research on 77 countries carried out by the Department, in
connection with its mandates under the 2005 Trafficking Victims
Protection Reauthorization Act (TVPRA) to produce a ``List of Goods
from Countries that the Bureau of International Labor Affairs has
Reason to Believe are Produced by Forced Labor or Child Labor in
Violation of International Standards.'' The TVPRA list encompassed both
goods made with forced labor and child labor, whereas the EO 13126 List
only includes products made with forced or indentured child labor.
Information on the TVPRA can be found at https://www.dol.gov/ILAB/programs/ocft/tvpra.htm. Finally, the Department considered information
provided in two public submissions alleging forced or indentured child
labor. The first was a public submission by Free the Slaves alleging
forced child labor in the cocoa industry in Cote d'Ivoire, which was
accepted for review by the Department on March 20, 2001. The second was
a public submission accepted for review on October 1, 2007 by State
Department Watch alleging the use of forced child labor in the
production of bricks, coal, foundry products, chemicals, cotton, grape
products, toys, and fireworks in China. The Department has consulted
and cooperated with the Departments of State and Homeland Security in
the initial determination of the updated list of products.
In developing the updated list of products, our review focused on
available information concerning the 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 may be
unable or unwilling to cooperate with international efforts, or the
efforts of non-governmental organizations, to uncover and address
abuses. Institutions or organizations that might uncover such
information, such as free and independent news media, trade unions, and
non-governmental organizations may not exist. In short, the list of
products should not be taken as presenting a complete picture of the
use of forced or indentured child labor around the world.
As outlined in the Procedural Guidelines, several factors were
weighed in determining whether or not a product should be placed on the
updated 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.
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 products, identified by
their country of origin, might have been mined, produced, or
manufactured by forced or indentured child labor. The below list of
products, by country of origin, constitutes the initial determination
updating the EO 13126 list issued January 18, 2001.
------------------------------------------------------------------------
Product Countries
------------------------------------------------------------------------
Bamboo.............................. Burma
[[Page 46796]]
Beans (green, soy, yellow).......... Burma
Brazil Nuts/Chestnuts............... Bolivia
Bricks.............................. Burma, China, India, Nepal,
Pakistan
Carpets............................. India, Nepal, Pakistan
Charcoal............................ Brazil
Coal................................ Pakistan
Coca (stimulant plant).............. Colombia
Cocoa............................... Cote d'Ivoire, Nigeria
Coffee.............................. Cote d'Ivoire
Cotton.............................. Benin, Burkina Faso, China,
Tajikistan, Uzbekistan
Cottonseed (hybrid)................. India
Diamonds............................ Sierra Leone
Electronics......................... China
Embroidered Textiles (zari)......... India, Nepal
Garments............................ Argentina, India, Thailand
Gold................................ Burkina Faso
Granite............................. Nigeria
Gravel (crushed stones)............. Nigeria
Pornography......................... Russia
Rice................................ Burma, India, Mali
Rubber.............................. Burma
Shrimp.............................. Thailand
Stones.............................. India, Nepal
Sugarcane........................... Bolivia, Burma
Teak................................ Burma
Tilapia (fish)...................... Ghana
Tobacco............................. Malawi
Toys................................ China
------------------------------------------------------------------------
The Department of Labor invites public comment on whether these
products (and/or other products, regardless of whether they are
mentioned in this Notice) should be included on the updated 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 Procedural Guideline factors 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 what, if any, alternative designations
would better serve the purposes of EO 13126.
The bibliographies providing the preliminary basis for including
each product on the list 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 updated 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
providing a final list of products. 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 2nd day of September 2009.
Sandra Polaski,
Deputy Undersecretary, Bureau of International Labor Affairs.
[FR Doc. E9-21507 Filed 9-10-09; 8:45 am]
BILLING CODE 4510-28-P