United States-Peru Trade Promotion Agreement; Notice of Determination Regarding Review of Submission #2015-01, 57877-57878 [2015-24414]
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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices
DEPARTMENT OF LABOR
Office of the Secretary
United States-Peru Trade Promotion
Agreement; Notice of Determination
Regarding Review of Submission
#2015–01
Bureau of International Labor
Affairs, U.S. Department of Labor.
ACTION: Notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
SUMMARY: The Office of Trade and Labor
Affairs (OTLA) gives notice that on
September 21, 2015, Submission #2015–
01 regarding Peru was accepted for
review pursuant to Article 17.5.5 of the
United States-Peru Trade Promotion
Agreement (PTPA).
On July 23, 2015, the International
´
Labor Rights Forum, Peru Equidad, and
seven Peruvian workers’ organizations
provided a formal submission to OTLA
alleging violations of Chapter 17 (the
Labor Chapter) of the PTPA by the
Government of Peru (GOP). The
submission alleges that the GOP has
failed to adopt and maintain in its
statutes and regulations, and practices
thereunder, the right of freedom of
association and the effective recognition
of the right to collective bargaining, and
that it has also failed to effectively
enforce its labor laws with respect to
freedom of association, collective
bargaining, and acceptable conditions of
work.
OTLA’s decision to accept the
submission for review is not intended to
indicate any determination as to the
validity or accuracy of the allegations
contained in the submission. The
objective of the review will be to gather
information so that OTLA can better
understand the allegations contained in
the submission and publicly report on
the issues raised therein in light of the
GOP’s obligations under the Labor
Chapter of the PTPA. As set out in the
Procedural Guidelines (published as 71
FR 76691, December 21, 2006), OTLA
will complete the review and issue a
public report to the Secretary of Labor
within 180 days of this acceptance,
unless circumstances, as determined by
OTLA, require an extension of time.
DATES: Effective Date: September 21,
2015.
FOR FURTHER INFORMATION CONTACT:
Matthew Levin, Director, OTLA, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room S–5303,
Washington, DC 20210. Telephone:
(202) 693–4900. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: Article
17.5 of the Labor Chapter of the PTPA
establishes that each Party’s contact
VerDate Sep<11>2014
19:58 Sep 24, 2015
Jkt 235001
point shall provide for the submission,
receipt, and consideration of
communications (‘‘submissions’’) on
matters related to the Labor Chapter and
each Party shall review those
submissions in accordance with
domestic procedures. A Federal
Register notice issued on December 21,
2006, informed the public that the
OTLA had been designated as the office
to serve as the contact point for
implementing the labor provisions of
United States free trade agreements. The
same Federal Register notice informed
the public of the Procedural Guidelines
that OTLA would follow for the receipt
and review of public submissions (71
FR 76691, December 21, 2006). These
Procedural Guidelines are available at
https://www.dol.gov/ilab/media/pdf/
2006021837.pdf. According to the
definitions contained in the Procedural
Guidelines (Section B) a ‘‘submission’’
is ‘‘a communication from the public
containing specific allegations,
accompanied by relevant supporting
information, that another Party has
failed to meet its commitments or
obligations arising under a labor
chapter’’ of a U.S. free trade agreement.
The Procedural Guidelines specify
that OTLA shall consider six factors, to
the extent that they are relevant, in
determining whether to accept a
submission for review:
1. Whether the submission raises
issues relevant to any matter arising
under a labor chapter;
2. Whether a review would further the
objectives of a labor chapter;
3. Whether the submission clearly
identifies the person filing the
submission, is signed and dated, and is
sufficiently specific to determine the
nature of the request and permit an
appropriate review;
4. Whether the statements contained
in the submission, if substantiated,
would constitute a failure of the other
Party to comply with its obligations or
commitments under a labor chapter;
5. Whether the statements contained
in the submission or available
information demonstrate that
appropriate relief has been sought under
the domestic laws of the other Party, or
that the matter or a related matter is
pending before an international body;
and
6. Whether the submission is
substantially similar to a recent
submission and significant, new
information has been furnished that
would substantially differentiate the
submission from the one previously
filed.
U.S. Submission # 2015–01 alleges
that, by permitting the unlimited
consecutive renewal of short-term
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
57877
contracts under the Law Promoting
Non-Traditional Exports (Law No.
22342) and Article 80 of the Law of
Productivity and Labor Competitiveness
(Law No. 728, Supreme Decree No. 003–
97–TR), the GOP has failed to adopt and
maintain, in its statutes and regulations,
and practices thereunder, the right of
freedom of association and the effective
recognition of the right to collective
bargaining. The submission also cites
specific instances to support its
allegation that the GOP, through its
action or inaction, has failed to
effectively enforce its labor laws in the
non-traditional export and agricultural
sectors with respect to freedom of
association, the effective recognition of
the right to collective bargaining, and
acceptable conditions of work.
In determining whether to accept the
submission, OTLA considered the
statements in the submission in light of
the relevant factors identified in the
Procedural Guidelines. The submission
raises issues relevant to the Labor
Chapter of the PTPA because it cites
alleged GOP failures to adopt and
maintain in its statutes and regulations,
and practices thereunder, freedom of
association and the effective recognition
of the right to collective bargaining, and
alleged GOP failures to effectively
enforce its labor laws with respect to
freedom of association, collective
bargaining, and acceptable conditions of
work. It also clearly identifies the
submitter and is sufficiently specific to
determine the nature of the request and
permit an appropriate review. The
submission raises pertinent issues that
could further the objectives of the Labor
Chapter and that could, if substantiated,
constitute a failure of the GOP to
comply with its obligations under the
Labor Chapter. The submitters provided
information on specific cases of alleged
labor violations and included citations
to both Peruvian law and International
Labor Organization (ILO) Conventions
ratified by Peru that they believe were
violated by the allegations in the
submission. The submitters provided
information on efforts to seek
appropriate relief for these alleged
violations under domestic laws and to
raise the issues with GOP officials and
with the ILO. The submission also notes
that the issues raised in the submission
have not been remedied to date. OTLA
has not received similar submissions
related to the PTPA obligations of the
GOP. Accordingly, OTLA has accepted
the submission for review.
OTLA’s decision to accept the
submission for review is not intended to
indicate any determination as to the
validity or accuracy of the allegations
contained in the submission. The
E:\FR\FM\25SEN1.SGM
25SEN1
57878
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices
objective of the review will be to gather
information so that OTLA can better
understand the allegations contained in
the submission and to publicly report
on the issues raised therein. As set out
in the Procedural Guidelines, OTLA
will complete the review and issue a
public report to the Secretary of Labor
within 180 days, unless circumstances,
as determined by OTLA, require an
extension of time. The public report will
include a summary of the review
process, as well as any findings and
recommendations.
Signed at Washington, DC, on September
21, 2015.
Carol Pier,
Deputy Undersecretary for International
Affairs.
[FR Doc. 2015–24414 Filed 9–24–15; 8:45 am]
BILLING CODE 4510–28–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0013]
The Lead in General Industry
Standard; Extension of the Office of
Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
SUMMARY: OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
contained in the Lead in General
Industry Standard (29 CFR 1910.1025).
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 24, 2015.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit
your comments and attachments to the
OSHA Docket Office, Docket No.
OSHA–2012–0013, Occupational Safety
and Health Administration, U.S.
VerDate Sep<11>2014
19:58 Sep 24, 2015
Jkt 235001
Department of Labor, Room N–2625,
200 Constitution Avenue NW.,
Washington, DC 20210. Deliveries
(hand, express mail, messenger, and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2012–0013) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download from the Web site. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing collection of
information requirements in accord
with the Paperwork Reduction Act of
1995 (PRA–95) (44 U.S.C.
3506(c)(2)(A)). This program ensures
that information is in the desired
format, reporting burden (time and
costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The purpose of the Lead in General
Industry Standard and its collection of
information requirements is to reduce
occupational lead exposure in general
industry. Lead exposure can result in
both acute and chronic effects and can
be fatal in severe cases of lead toxicity.
The standard contains the following
collection of information requirements:
Conducting worker exposure
monitoring; notifying workers of their
lead exposure levels; establishing,
implementing and reviewing a written
compliance program annually; labeling
containers of contaminated protective
clothing and equipment; providing
medical surveillance to workers;
providing examining physicians with
specific information; notifying workers
of their medical surveillance results
(including medical examinations and
biological monitoring) and of the option
for multiple physician review; posting
warning signs; establishing and
maintaining exposure monitoring,
medical surveillance, and medical
removal records; and providing workers
with access to these records. The
records are used by employees,
physicians, employers and OSHA to
determine the effectiveness of the
employer’s compliance efforts.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed collection of
information requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
collection of information requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
E:\FR\FM\25SEN1.SGM
25SEN1
]]>Agencies
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57877-57878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24414]
[[Page 57877]]
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DEPARTMENT OF LABOR
Office of the Secretary
United States-Peru Trade Promotion Agreement; Notice of
Determination Regarding Review of Submission #2015-01
AGENCY: Bureau of International Labor Affairs, U.S. Department of
Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that
on September 21, 2015, Submission #2015-01 regarding Peru was accepted
for review pursuant to Article 17.5.5 of the United States-Peru Trade
Promotion Agreement (PTPA).
On July 23, 2015, the International Labor Rights Forum, Per[uacute]
Equidad, and seven Peruvian workers' organizations provided a formal
submission to OTLA alleging violations of Chapter 17 (the Labor
Chapter) of the PTPA by the Government of Peru (GOP). The submission
alleges that the GOP has failed to adopt and maintain in its statutes
and regulations, and practices thereunder, the right of freedom of
association and the effective recognition of the right to collective
bargaining, and that it has also failed to effectively enforce its
labor laws with respect to freedom of association, collective
bargaining, and acceptable conditions of work.
OTLA's decision to accept the submission for review is not intended
to indicate any determination as to the validity or accuracy of the
allegations contained in the submission. The objective of the review
will be to gather information so that OTLA can better understand the
allegations contained in the submission and publicly report on the
issues raised therein in light of the GOP's obligations under the Labor
Chapter of the PTPA. As set out in the Procedural Guidelines (published
as 71 FR 76691, December 21, 2006), OTLA will complete the review and
issue a public report to the Secretary of Labor within 180 days of this
acceptance, unless circumstances, as determined by OTLA, require an
extension of time.
DATES: Effective Date: September 21, 2015.
FOR FURTHER INFORMATION CONTACT: Matthew Levin, Director, OTLA, U.S.
Department of Labor, 200 Constitution Avenue NW., Room S-5303,
Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll-
free number.)
SUPPLEMENTARY INFORMATION: Article 17.5 of the Labor Chapter of the
PTPA establishes that each Party's contact point shall provide for the
submission, receipt, and consideration of communications
(``submissions'') on matters related to the Labor Chapter and each
Party shall review those submissions in accordance with domestic
procedures. A Federal Register notice issued on December 21, 2006,
informed the public that the OTLA had been designated as the office to
serve as the contact point for implementing the labor provisions of
United States free trade agreements. The same Federal Register notice
informed the public of the Procedural Guidelines that OTLA would follow
for the receipt and review of public submissions (71 FR 76691, December
21, 2006). These Procedural Guidelines are available at https://www.dol.gov/ilab/media/pdf/2006021837.pdf. According to the definitions
contained in the Procedural Guidelines (Section B) a ``submission'' is
``a communication from the public containing specific allegations,
accompanied by relevant supporting information, that another Party has
failed to meet its commitments or obligations arising under a labor
chapter'' of a U.S. free trade agreement.
The Procedural Guidelines specify that OTLA shall consider six
factors, to the extent that they are relevant, in determining whether
to accept a submission for review:
1. Whether the submission raises issues relevant to any matter
arising under a labor chapter;
2. Whether a review would further the objectives of a labor
chapter;
3. Whether the submission clearly identifies the person filing the
submission, is signed and dated, and is sufficiently specific to
determine the nature of the request and permit an appropriate review;
4. Whether the statements contained in the submission, if
substantiated, would constitute a failure of the other Party to comply
with its obligations or commitments under a labor chapter;
5. Whether the statements contained in the submission or available
information demonstrate that appropriate relief has been sought under
the domestic laws of the other Party, or that the matter or a related
matter is pending before an international body; and
6. Whether the submission is substantially similar to a recent
submission and significant, new information has been furnished that
would substantially differentiate the submission from the one
previously filed.
U.S. Submission # 2015-01 alleges that, by permitting the unlimited
consecutive renewal of short-term contracts under the Law Promoting
Non-Traditional Exports (Law No. 22342) and Article 80 of the Law of
Productivity and Labor Competitiveness (Law No. 728, Supreme Decree No.
003-97-TR), the GOP has failed to adopt and maintain, in its statutes
and regulations, and practices thereunder, the right of freedom of
association and the effective recognition of the right to collective
bargaining. The submission also cites specific instances to support its
allegation that the GOP, through its action or inaction, has failed to
effectively enforce its labor laws in the non-traditional export and
agricultural sectors with respect to freedom of association, the
effective recognition of the right to collective bargaining, and
acceptable conditions of work.
In determining whether to accept the submission, OTLA considered
the statements in the submission in light of the relevant factors
identified in the Procedural Guidelines. The submission raises issues
relevant to the Labor Chapter of the PTPA because it cites alleged GOP
failures to adopt and maintain in its statutes and regulations, and
practices thereunder, freedom of association and the effective
recognition of the right to collective bargaining, and alleged GOP
failures to effectively enforce its labor laws with respect to freedom
of association, collective bargaining, and acceptable conditions of
work. It also clearly identifies the submitter and is sufficiently
specific to determine the nature of the request and permit an
appropriate review. The submission raises pertinent issues that could
further the objectives of the Labor Chapter and that could, if
substantiated, constitute a failure of the GOP to comply with its
obligations under the Labor Chapter. The submitters provided
information on specific cases of alleged labor violations and included
citations to both Peruvian law and International Labor Organization
(ILO) Conventions ratified by Peru that they believe were violated by
the allegations in the submission. The submitters provided information
on efforts to seek appropriate relief for these alleged violations
under domestic laws and to raise the issues with GOP officials and with
the ILO. The submission also notes that the issues raised in the
submission have not been remedied to date. OTLA has not received
similar submissions related to the PTPA obligations of the GOP.
Accordingly, OTLA has accepted the submission for review.
OTLA's decision to accept the submission for review is not intended
to indicate any determination as to the validity or accuracy of the
allegations contained in the submission. The
[[Page 57878]]
objective of the review will be to gather information so that OTLA can
better understand the allegations contained in the submission and to
publicly report on the issues raised therein. As set out in the
Procedural Guidelines, OTLA will complete the review and issue a public
report to the Secretary of Labor within 180 days, unless circumstances,
as determined by OTLA, require an extension of time. The public report
will include a summary of the review process, as well as any findings
and recommendations.
Signed at Washington, DC, on September 21, 2015.
Carol Pier,
Deputy Undersecretary for International Affairs.
[FR Doc. 2015-24414 Filed 9-24-15; 8:45 am]
BILLING CODE 4510-28-P
