8402 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as Amended 

Notice is hereby given that on 

February 17, 2010, a proposed Consent 

Decree in United States of America v. 

ITT Corporation, Civil Action No. 4:10– 

cv–00053–SPM–WCS, was lodged with 

the United States District Court for the 

Northern District of Florida, Tallahassee 

Division. 

In this action, the United States, on 

behalf of the U.S. Environmental 

Protection Agency (‘‘EPA’’), sought 

injunctive relief and recovery of 

response costs pursuant to Sections 106 

and 107 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(CERCLA), 42 U.S.C. 9606 and 9607, 

with respect to the ITT Thompson 

Industries Superfund Site located at 800 

Livingston Street (State Road 145), 

Madison, Florida. ITT Corporation 

formerly operated a manufacturing 

facility at the Site, where soil, sediment, 

and water have been contaminated with 

hazardous substances such as volatile 

organic compounds and heavy metals. 

The proposed Consent Decree 

requires ITT Corporation to conduct the 

remedial action as provided in EPA’s 

Record of Decision, maintain a 

performance guarantee in the amount of 

$2.2 million, reimburse EPA $23,308.01 

in past response costs, and pay all 

future response costs. The remedial 

action consists of disposal of 

contaminated soil and sediment, 

bioremediation of contaminated 

groundwater, institutional controls to 

limit Site uses until cleanup goals are 

reached, and five-year reviews of the 

remedy. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent 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 United 

States of America v. ITT Corporation, 

D.J. Ref. 90–11–3–09718. Commenters 

may request an opportunity for a public 

meeting in the affected area, in 

accordance with Section 7003(d) of 

RCRA, 42 U.S.C. 6973(d). 

During the public comment period, 

the proposed Consent Decree may be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

proposed Consent Decree may also 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 

$110.50 (inclusive of appendices) or 

$13.75 (exclusive of appendices) (25 

cents per page reproduction cost) 

payable to the U.S. Treasury or, if by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–3549 Filed 2–23–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Child Labor, Forced Labor, and Forced 

or Indentured Child Labor in the 

Production of Goods in Foreign 

Countries and Efforts by Certain 

Countries To Eliminate the Worst 

Forms of Child Labor 

AGENCY: The Bureau of International 

Labor Affairs, United States Department 

of Labor. 

ACTION: Notice; request for information. 

SUMMARY: This notice is two related 

requests for information to be used by 

the Department of Labor (DOL) in 

preparation of its reporting under 

Congressional mandates and 

Presidential directive. The first request 

seeks information on the use of forced 

labor, child labor, and/or forced or 

indentured child labor in the 

production of goods internationally, as 

well as information on government, 

industry, or third-party actions and 

initiatives to address these problems. 

DOL will use the information as 

appropriate to maintain the list of goods 

that the Bureau of International Labor 

Affairs (ILAB) has reason to believe are 

produced by child labor or forced labor 

in violation of international standards 

under Trafficking Victims Protection 

Reauthorization Act (TVPRA) of 2005, 

Section 105(b), and the List of Products 

Produced by Forced or Indentured Child 

Labor under Executive Order 13126 of 

1999. The second request seeks 

additional information on exploitive 

child labor, which DOL will use to 

produce an annual report on certain 

trade beneficiary countries’ 

implementation of international 

commitments to eliminate the worst 

forms of child labor. This will be the 

ninth such report by DOL under the 

Trade and Development Act of 2000 

(TDA). For information on terms and 

definitions used here, please see the 

‘‘Terms and Definitions’’ section of this 

notice. 

DATES: Submitters of information are 

requested to provide their submission to 

the Office of Child Labor, Forced Labor 

and Human Trafficking at the e-mail or 

physical address below by 5 p.m., April 

9, 2010. 

ADDRESSES: E-mail submissions should 

be addressed to Tina McCarter at 

mccarter.tina@dol.gov or Leyla 

Strotkamp at strotkamp.leyla@dol.gov. 

Written submissions should be 

addressed to Ms. McCarter or Ms. 

Strotkamp at the Office of Child Labor, 

Forced Labor and Human Trafficking, 

Bureau of International Labor Affairs, 

USDOL, 200 Constitution Avenue, NW., 

Room S–5317, Washington, DC 20210, 

or faxed to (202) 693–4843. 

FOR FURTHER INFORMATION CONTACT: Tina 

McCarter or Leyla Strotkamp (see 

contact information above). DOL’s 

international child labor and forced 

labor reports can be found on the 

Internet at http://www.dol.gov/ILAB/ 

media/reports/iclp/main.htm or can be 

obtained from the Office of Child Labor, 

Forced Labor and Human Trafficking 

(OCFT). 

SUPPLEMENTARY INFORMATION: Section 

105(b)(1) of the Trafficking Victims 

Protection Reauthorization Act of 2005 

(‘‘TVPRA of 2005’’), Public Law 109–164 

(2006), directed the Secretary of Labor, 

acting through ILAB, to ‘‘develop and 

make available to the public 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.’’ 

Pursuant to this mandate, in 

December 2007 DOL published in the 

Federal Register a set of procedural 

guidelines that ILAB follows in 

developing the list of goods (72 FR 

73374). The guidelines set forth the 

criteria by which information is 

evaluated; established procedures for 

public submission of information to be 

considered by ILAB; and identified the 

process ILAB follows in maintaining 

and updating the list after its initial 

publication. 

On September 10, 2009, ILAB 

released its initial list of goods from 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8403 

countries (TVPRA list). This list will be 

updated periodically, as additional 

countries and territories are researched 

and new information for countries and 

territories already reviewed is 

monitored. For a copy of the initial 

TVPRA report, Frequently Asked 

Questions, and other materials relating 

to the list’s release, see ILAB’s TVPRA 

Web page at: http://www.dol.gov/ILAB/ 

programs/ocft/tvpra.htm. 

Executive Order No. 13126 (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 goods, 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 

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). Based on DOL 

research and information submitted by 

the public, DOL issued an initial 

determination on September 11, 2009, 

announcing proposed updates to the 

E.O. 13126 list and requesting public 

comments. The current List, the 

Procedural Guidelines, and the initial 

determination can be accessed on the 

Internet at http://www.dol.gov/ILAB/ 

regs/eo13126/main.htm. 

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. 

The Trade and Development Act of 

2000 [Pub. L. 106–200] established a 

new eligibility criterion for receipt of 

trade benefits under the Generalized 

System of Preferences (GSP), Caribbean 

Basin Trade and Partnership Act 

(CBTPA), and Africa Growth and 

Opportunity Act (AGOA). The TDA 

amends the GSP reporting requirements 

of the Trade Act of 1974 (Section 504) 

[19 U.S.C. 2464] to require that the 

President’s annual report on the status 

of internationally recognized worker 

rights include ‘‘findings by the Secretary 

of Labor with respect to the beneficiary 

country’s implementation of its 

international commitments to eliminate 

the worst forms of child labor.’’ Title II 

of the TDA and the TDA Conference 

Report [Joint Explanatory Statement of 

the Committee of Conference, 106th 

Cong. 2d sess. (2000)] indicate that the 

same criterion applies for the receipt of 

benefits under CBTPA and AGOA, 

respectively. 

In addition, the Andean Trade 

Preference Act (ATPA), as amended and 

expanded by the Andean Trade 

Promotion and Drug Eradication Act 

(ATPDEA) [Pub. L. 107–210, Title 

XXXI], includes as a criterion for 

receiving benefits ‘‘[w]hether the 

country has implemented its 

commitments to eliminate the worst 

forms of child labor as defined in 

section 507(6) of the Trade Act of 1974.’’ 

Information Requested for TVPRA and 

Executive Order 13126 Lists 

DOL seeks information on the nature 

and extent of child labor, forced labor, 

and forced or indentured child labor in 

the production of goods in foreign 

countries. Submitters should take into 

consideration the definitions of child 

labor, forced labor, and forced or 

indentured child labor provided at the 

end of this notice. Information tending 

to establish the presence or absence of 

a significant incidence of these 

problems in the production of a 

particular good in a country will be 

considered the most relevant and 

probative. 

DOL also seeks information on 

government, industry, or third-party 

actions and initiatives to address these 

issues. Information on such actions and 

initiatives will be taken into 

consideration, although they are not 

necessarily sufficient in and of 

themselves to prevent a good and 

country from being listed. In evaluating 

such information, ILAB will consider 

particularly relevant and probative any 

evidence of government, industry, and 

third-party actions and initiatives that 

are effective in significantly reducing if 

not eliminating child labor, forced labor, 

and forced or indentured child labor. 

In the interest of transparency, 

classified information will not be 

accepted. Where applicable, information 

submitted should indicate their source 

or sources, and copies of the source 

material should be provided. If primary 

sources are utilized, such as research 

studies, interviews, direct observations, 

or other sources of quantitative or 

qualitative data, details on the research 

or data-gathering methodology should 

be provided. 

Scope of TDA Report 

Countries and non-independent 

countries and territories presently 

eligible under the GSP and to be 

included in the report are: Afghanistan, 

Albania, Algeria, Angola, Anguilla, 

Argentina, Armenia, Azerbaijan, 

Bangladesh, Belize, Benin, Bhutan, 

Bolivia, Bosnia and Herzegovina, 

Botswana, Brazil, British Indian Ocean 

Territory, British Virgin Islands, 

Burkina Faso, Burundi, Cambodia, 

Cameroon, Cape Verde, Central African 

Republic, Chad, Christmas Island, Cocos 

Islands, Colombia, Comoros, Democratic 

Republic of the Congo, Republic of 

Congo, Cook Islands, Cote d’Ivoire, 

Croatia, Djibouti, Dominica, East Timor, 

Ecuador, Egypt, Equatorial Guinea, 

Eritrea, Ethiopia, Falkland Islands, Fiji, 

Gabon, the Gambia, Georgia, Ghana, 

Gibraltar, Grenada, Guinea, GuineaBissau, Guyana, Haiti, Heard Island and 

McDonald Islands, India, Indonesia, 

Iraq, Jamaica, Jordan, Kazakhstan, 

Kenya, Kiribati, Kosovo, Kyrgyz 

Republic, Lebanon, Lesotho, Liberia, 

Macedonia, Madagascar, Malawi, 

Maldives, Mali, Mauritania, Mauritius, 

Moldova, Mongolia, Montenegro, 

Montserrat, Mozambique, Namibia, 

Nepal, Niger, Nigeria, Niue, Norfolk 

Island, Pakistan, Panama, Papua New 

Guinea, Paraguay, Philippines, Pitcairn 

Islands, Russia, Rwanda, Saint Helena, 

Saint Kitts and Nevis, Saint Lucia, Saint 

Vincent and the Grenadines, Samoa, Sao 

Tome ́ and Principe, Senegal, Serbia, 

Seychelles, Sierra Leone, Solomon 

Islands, Somalia, South Africa, Sri 

Lanka, Suriname, Swaziland, Tanzania, 

Thailand, Togo, Tokelau Island, Tonga, 

Trinidad and Tobago, Tunisia, Turkey, 

Turks and Caicos Islands, Tuvalu, 

Uganda, Ukraine, Uruguay, Uzbekistan, 

Vanuatu, Venezuela, Wallis and Futuna, 

West Bank and Gaza Strip, Western 

Sahara, Republic of Yemen, Zambia, 

and Zimbabwe. 

Countries eligible or potentially 

eligible for additional benefits under the 

AGOA and to be included in the report 

are: Angola, Benin, Botswana, Burkina 

Faso, Burundi, Cameroon, Cape Verde, 

Chad, Comoros, Republic of Congo, 

Democratic Republic of the Congo, 

Djibouti, Ethiopia, Gabon, the Gambia, 

Ghana, Guinea, Guinea Bissau, Kenya, 

Lesotho, Liberia, Madagascar, Malawi, 

Mali, Mauritius, Mozambique, Namibia, 

Niger, Nigeria, Rwanda, Sao Tome and 

Principe, Senegal, Seychelles, Sierra 


pwalker on DSK8KYBLC1PROD with NOTICES
8404 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

Leone, South Africa, Swaziland, 

Tanzania, Togo, Uganda, and Zambia. 

Countries potentially eligible for 

additional benefits under the CBTPA 

and to be included in the report are: 

Barbados, Belize, Guyana, Haiti, 

Jamaica, Panama, Saint Lucia, and 

Trinidad and Tobago. 

Countries potentially eligible for 

additional benefits under the ATPA/ 

ATPDEA and to be included in the 

report are: Colombia, Ecuador, and Peru. 

In addition, the following countries 

will be included in the report in 

accordance with the Departments of 

Labor, Health and Human Services, and 

Education, and Related Agencies 

Appropriation Bill, 2010, S. Rep. 111– 

066 (2009): Bahrain, Chile, Costa Rica, 

Dominican Republic, El Salvador, 

Guatemala, Honduras, Morocco, 

Nicaragua, Oman, and Peru. 

Information Requested for TDA Report 

The Department invites interested 

parties to submit information relevant to 

the findings to be made by DOL under 

the TDA for any or all listed countries. 

Information provided through public 

submission will be considered by DOL 

in preparing its findings. Materials 

submitted should be confined to the 

specific topic of the study. Please see 

the ‘‘Terms and Definitions’’ section of 

this notice for a definition of the worst 

forms of child labor. The reporting 

period for which information is 

requested is calendar year 2009. In cases 

in which source materials, such as 

reports or statistics on inspections, 

prosecutions and convictions, are not 

available for 2009, DOL will generally 

consider sources with data up to five 

years old (i.e. data not older than 

January 2004). DOL appreciates the 

extent to which reference periods are 

clearly indicated in submissions. 

In making submissions, interested 

parties are requested to consider DOL’s 

2008 Findings on the Worst Forms of 

Child Labor (TDA report), which may be 

found online at: http://www.dol.gov/ 

ilab/programs/ocft/PDF/ 

2008OCFTreport.pdf. Those making 

submissions should note, however, that 

information requested this year has 

changed. 

In particular, ILAB is seeking 

information on the following topics: 

(A) Prevalence and Sectoral Distribution 

of Child Labor 

DOL seeks information on the nature 

and extent of the worst forms of child 

labor in the countries listed above. 

Children’s involvement in the worst 

forms of child labor may be related to 

the production of goods, but may also 

occur in sectors not related to the 

production of goods, such as trafficking, 

armed conflict, or prostitution, as well 

as hazardous work in activities such as 

domestic service, street vending, or 

begging. In the case of trafficking of 

children, the report typically provides 

information specifying the type of 

exploitation involved, whether for 

commercial sex or for labor exploitation, 

and if for the latter, the industries into 

which children are trafficked and the 

goods that they produce. In providing 

such information, please note that the 

TDA report also attempts to address the 

extent to which children are trafficked 

across national borders or within the 

country (specifying source, destination 

and transit countries/regions/ 

communities). 

Note that in order to provide 

comparable statistics on child work and 

education across countries in the TDA 

report, DOL relies on the Understanding 

Children’s Work Project (see http:// 

www.ucw-project.org/) and UNESCO 

Institute of Statistics data (http:// 

stats.uis.unesco.org/); therefore, such 

data is NOT being requested in this 

Notice. 

(B) Laws and Regulations 

DOL also seeks information on new 

laws or regulations enacted in regard to 

the worst forms of child labor over the 

past year, and to what extent, if any, 

these changes constitute improvements 

in the legal and regulatory framework. 

Based on this, and other information 

gathered and consistent with the goals 

of the TDA Report, DOL aspires to 

adjudge whether each relevant country/ 

territory’s legal and regulatory 

framework adequately addresses the 

worst forms of child labor. Indications 

of an inadequate framework would 

include instances in which children 

have been found working in hazardous 

conditions, but the sector in which they 

were working is exempted from 

minimum age laws; cases in which boys 

are being exploited as prostitutes, but 

the law only prohibits female 

prostitution; or cases in which there are 

prohibitions against worst forms of 

child labor, but penalties are too weak 

to serve as deterrents. 

(C) Part I: Institutional Mechanisms for 

Effective Enforcement—Hazardous 

Child Labor and Forced Child Labor 

DOL also seeks information on the 

institutional mechanisms for effective 

enforcement of laws relating to 

hazardous child labor and forced child 

labor, two categories of the worst forms 

of child labor. (Please see ‘‘Terms and 

Definitions’’ below for more 

information). Information describing the 

agencies responsible for the 

enforcement of laws relating to the 

worst forms of child labor listed above 

is of particular interest. Similarly, 

information related to the functioning of 

these agencies in receiving child labor 

complaints and in enforcing applicable 

laws would be useful. This information 

will assist in DOL attempts to accurately 

indicate the adequacy of resources 

dedicated to the enforcement of laws 

relating to hazardous child labor and 

forced child labor, and the results and 

effectiveness of enforcement efforts. 

(C) Part II: Institutional Mechanisms for 

Effective Enforcement—Child 

Trafficking, Commercial Sexual 

Exploitation of Children, and Use of 

Children in Illicit Activities 

DOL further seeks information on the 

institutional mechanisms for effective 

enforcement of laws relating to child 

trafficking; commercial sexual 

exploitation of children—such as 

prostitution or pornography; and the use 

of children in illicit activities, the three 

remaining categories of the worst forms 

of child labor. (Please see ‘‘Terms and 

Definitions’’ below for more 

information.) Information describing the 

agencies responsible for the 

enforcement of laws relating to these 

worst forms of child labor is of 

particular interest. Similarly, 

information related to the functioning of 

these agencies in receiving notice of 

child labor violations and enforcement 

would be useful. This information will 

assist in DOL attempts to accurately 

indicate the adequacy of resources 

dedicated to enforcement of laws 

relating to child trafficking, commercial 

sexual exploitation of children, and the 

use of children in illicit activities, and 

the results and effectiveness of 

enforcement efforts. In those situations 

where the country/territory experienced 

armed conflict during the reporting 

period or in the recent past involving 

the use of child soldiers, the report 

would benefit from information 

concerning actions taken to penalize 

those responsible and the adequacy of 

these actions. 

(D) Government Policies on Child Labor 

DOL further seeks information on 

government policies or plans, funded or 

otherwise, regarding the worst forms of 

child labor and the effectiveness of such 

initiatives. (Please note that DOL will 

not consider anti-poverty, education or 

other general child welfare policies to 

be addressing worst forms of child labor 

unless such policies or plans have a 

child labor component. Please also note 

that DOL will not consider anti-poverty, 

education or other general child welfare 

policies or plans to be addressing worst 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8405 

forms of child labor unless they have a 

child labor component.) Included 

government efforts could also take the 

form of government participation in 

commissions or task forces regarding 

worst forms of child labor, as well as 

bilateral, regional or international 

agreements to combat one or more of the 

worst forms of child labor. 

(E) Social Programs To Eliminate or 

Prevent Child Labor 

DOL also seeks information on 

government programs, funded or 

otherwise, to combat the worst forms of 

child labor and the effectiveness of such 

initiatives. Most relevant for the 

purposes of the TDA report is 

information regarding governmentimplemented programs that specifically 

address the worst forms of child labor. 

(Please note that DOL considers 

programs implemented by industry or 

third parties that receive government 

support, either funding or in-kind, to 

constitute government efforts. Please 

also note that DOL will not consider 

anti-poverty, education or other general 

child welfare programs to be addressing 

worst forms of child labor unless they 

have a child labor component.) Relevant 

information would also include any 

information regarding government 

actions taken pursuant to bilateral, 

regional or international agreements to 

combat one or more of the worst forms 

of child labor and the effectiveness of 

these measures. 

DOL greatly appreciates submission of 

original sources. Information submitted 

may include reports, newspaper articles, 

or other materials. Governments that 

have ratified ILO Convention 182 are 

requested to submit copies of their most 

recent article 22 submissions under the 

Convention, especially those with 

information on types of work 

determined in accordance with article 4 

of the Convention. Governments that 

have not ratified ILO Convention 182 

and are members of the ILO are 

requested to submit copies of their 

recent article 19 submissions. 

Terms and Definitions 

Child Labor—‘‘Child labor’’ under 

international standards means all work 

performed by a person below the age of 

15. It also includes all work performed 

by a person below the age of 18 in the 

worst forms of child labor as defined in 

ILO Convention 182 and incorporated 

into provisions (A)–(D) below. The work 

referred to in subparagraph (D) is 

determined by the laws, regulations, or 

competent authority of the country 

involved, after consultation with the 

organizations of employers and workers 

concerned, and taking into 

consideration relevant international 

standards. This definition will not apply 

to work specifically authorized by 

national laws, including work done by 

children in schools for general, 

vocational or technical education or in 

other training institutions, where such 

work is carried out in accordance with 

international standards under 

conditions prescribed by the competent 

authority, and does not prejudice 

children’s attendance in school or their 

capacity to benefit from the instruction 

received. 

Worst Forms of Child Labor—The 

TDA uses the definition of the ‘‘worst 

forms of child labor’’ from ILO 

Convention 182. The term ‘‘worst forms 

of child labor’’ is defined in section 

412(b) of the TDA as comprising: 

‘‘(A) all forms of slavery or practices similar 

to slavery, such as the sale and trafficking of 

children, debt bondage and serfdom and 

forced or compulsory labor, including forced 

or compulsory recruitment of children for 

use in armed conflict; 

(B) the use, procuring or offering of a child 

for prostitution, for the production of 

pornography or for pornographic 

performances; 

(C) the use, procuring or offering of a child 

for illicit activities, in particular for the 

production and trafficking of drugs as 

defined in relevant international treaties; and 

(D) work which, by its nature or the 

circumstances in which it is carried out, is 

likely to harm the health, safety or morals of 

children.’’ 

The TDA Conference Report noted 

that the phrase, ‘‘work which, by its 

nature or the circumstances in which it 

is carried out, is likely to harm the 

health, safety or morals of children,’’ is 

to be defined as in article II of 

Recommendation No. 190, which 

accompanies ILO Convention 182. 

Commonly referred to as ‘‘hazardous 

child labor,’’ this includes: 

‘‘(a) work which exposes children to 

physical, psychological, or sexual abuse; 

(b) work underground, under water, at 

dangerous heights or in confined spaces; 

(c) work with dangerous machinery, 

equipment and tools, or which involves 

the manual handling or transport of 

heavy loads; 

(d) work in an unhealthy environment 

which may, for example, expose 

children to hazardous substances, 

agents or processes, or to temperatures, 

noise levels, or vibrations damaging to 

their health; 

(e) work under particularly difficult 

conditions such as work for long hours 

or during the night or work where the 

child is unreasonably confined to the 

premises of the employer.’’ 

The TDA Conference Report further 

indicated ‘‘that this phrase be 

interpreted in a manner consistent with 

the intent of article 4 of ILO Convention 

182, which states that ‘such work shall 

be determined by national laws or 

regulations or by the competent 

authority in the country involved.’’’ In 

addition, the TDA Conference report 

indicated that the phrase generally not 

apply to situations in which children 

work for their parents on bona fide 

family farms or holdings. 

Forced Labor—‘‘Forced labor’’ under 

international standards means all work 

or service which is exacted from any 

person under the menace of any penalty 

for its nonperformance and for which 

the worker does not offer himself 

voluntarily, and includes indentured 

labor. ‘‘Forced labor’’ includes work 

provided or obtained by force, fraud, or 

coercion, including: (1) By threats of 

serious harm to, or physical restraint 

against any person; (2) by means of any 

scheme, plan, or pattern intended to 

cause the person to believe that, if the 

person did not perform such labor or 

services, that person or another person 

would suffer serious harm or physical 

restraint; or (3) by means of the abuse 

or threatened abuse of law or the legal 

process. For purposes of this definition, 

forced labor does not include work 

specifically authorized by national laws 

where such work is carried out in 

accordance with conditions prescribed 

by the competent authority, including: 

any work or service required by 

compulsory military service laws for 

work of a purely military character; 

work or service which forms part of the 

normal civic obligations of the citizens 

of a fully self-governing country; work 

or service exacted from any person as a 

consequence of a conviction in a court 

of law, provided that the said work or 

service is carried out under the 

supervision and control of a public 

authority and that the said person is not 

hired to or placed at the disposal of 

private individuals, companies or 

associations; work or service required in 

cases of emergency, such as in the event 

of war or of a calamity or threatened 

calamity, fire, flood, famine, earthquake, 

violent epidemic or epizootic diseases, 

invasion by animal, insect or vegetable 

pests, and in general any circumstance 

that would endanger the existence or 

the well-being of the whole or part of 

the population; and minor communal 

services of a kind which, being 

performed by the members of the 

community in the direct interest of the 

said community, can therefore be 

considered as normal civic obligations 

incumbent upon the members of the 

community, provided that the members 

of the community or their direct 

representatives have the right to be 


pwalker on DSK8KYBLC1PROD with NOTICES
8406 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

consulted in regard to the need for such 

services. 

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 is 

accomplished by process or penalties. 

Goods—‘‘Goods’’ means goods, wares, 

articles, materials, items, supplies, and 

merchandise. 

International Standards— 

‘‘International standards’’ means generally 

accepted international standards relating to 

forced labor and child labor, such as 

international conventions and treaties. These 

Guidelines employ definitions of ‘‘child 

labor’’ and ‘‘forced labor’’ derived from 

international standards. 

Produced—‘‘Produced’’ means mined, 

extracted, harvested, farmed, produced, 

created, and manufactured. 

This notice is a general solicitation of 

comments from the public. 

Signed at Washington, DC, this 18th day of 

February, 2010. 

Sandra Polaski, 

Deputy Undersecretary for International 

Labor Affairs. 

[FR Doc. 2010–3655 Filed 2–23–10; 8:45 am] 

BILLING CODE 4510–28–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2009–0045] 

Aerial Lifts; Extension of the Office of 

Management and Budget’s (OMB) 

Approval of an Information Collection 

(Paperwork) Requirement. 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comment. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend OMB approval of the 

information collection requirement 

contained in the Aerial Lift Standard. 

Employers who modify an aerial lift for 

uses other than those provided by the 

manufacturer must obtain a certificate 

from the manufacturer or equivalent 

entity certifying that the modification is 

in conformance with applicable 

American National Standards Institute 

(ANSI) standards and this Standard, and 

the equipment is as safe as it was prior 

to the modification. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by April 

26, 2010. 

ADDRESSES: 

Electronically: You may submit 

comments and attachments 

electronically at http:// 

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 

three copies of your comments and 

attachments to the OSHA Docket Office, 

Docket No. OSHA–2009–0045, U.S. 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–2625, 200 Constitution Ave., 

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 OSHA 

docket number for the information 

Collection Request (ICR) (OSHA–2009– 

0045). All comments, including any 

personal information you provide, are 

placed in the public docket without 

change and may be made available 

online at http://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 http://www.regulations.gov 

or to the OSHA Docket Office at the 

address above. All documents in the 

docket (including this Federal Register 

notice) are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the website. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may contact Todd Owen or Theda 

Kenney at the address below to obtain 

a copy of the Information Collection 

Request (ICR). 

FOR FURTHER INFORMATION CONTACT: 

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 information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 

desired format, reporting burden (time 

and cost) 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 Act) (29 U.S.C. 651 et seq.) 

authorizes information collection by 

employers as necessary or appropriate 

for enforcement of the Act or for 

developing information regarding the 

causes and prevention of occupational 

injuries, illnesses, and accidents (29 

U.S.C. 657). 

The certification requirement 

specified in the Aerial Lifts Standard 

demonstrates that the manufacturer or 

an equally-qualified entity has assessed 

a modified aerial lift and found that it 

was safe for use by, or near, workers; 

and that it would provide workers with 

a level of protection at least equivalent 

to the protection afforded by the lift 

prior to modification. 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirement is necessary for 

the proper performance of the Agency’s 

functions to protect workers, including 

whether the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirement, 

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. 

III. Proposed Actions 

OSHA is requesting that OMB extend 

its approval of the information 

collection requirement in the Aerial 

Lifts Standard (29 CFR 1926.453(a)(2)). 

OSHA proposes to retain its current 

burden hour estimate of 6 hours. The 

certification requirement specified in 

the Aerial Lifts Standard demonstrates 

that the manufacturer or an equallyVerDate Nov<24>2008 16:49 Feb 23, 2010 Jkt 220001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1

pwalker on DSK8KYBLC1PROD with NOTICES