61384 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices 

total annual burden hours associated 

with this collection. 

If additional information is required 

contact: Jerri Murray, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street, NE., Room 2E– 

508, Washington, DC 20530. 

Jerri Murray, 

Department Clearance Officer, PRA, U.S. 

Department of Justice. 

[FR Doc. 2011–25485 Filed 10–3–11; 8:45 am] 

BILLING CODE 4410–AT–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Notice is hereby given that on 

September 28, 2011, a proposed Consent 

Decree (the ‘‘Consent Decree’’) in United 

States of America v. Trident Seafoods 

Corporation, Civil Action No. 11–1616, 

was lodged with the United States 

District Court for the Western District of 

Washington. The case is a civil action 

under Section 309 of the Clean Water 

Act, 33 U.S.C. 1319 (‘‘CWA’’), for 

violations of CWA Section 301(a), 33 

U.S.C. 1311(a), and violations of the 

permit conditions and limitations of the 

National Pollutant Discharge 

Elimination System (‘‘NPDES’’) permits 

issued to Trident by the EPA under 

Section 402(a) of the CWA, 33 U.S.C. 

1342(a). To resolve Trident’s liability, 

the Consent Decree requires, and 

Trident has agreed to pay a civil penalty 

of $2.5 million and to perform specified 

injunctive measures to reduce its 

discharge of seafood processing wastes 

and to address sea floor waste piles 

created by its discharges. 

For thirty (30) days after the date of 

this publication, the Department of 

Justice will receive comments relating to 

the 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. In either case, the 

comments should refer to United States 

of America v. Trident Seafoods 

Corporation, DJ. Ref. 90–5–1–1–2002/2. 

During the comment period, the 

Consent Decree may be examined on the 

following Department of Justice website: 

http://www.justice.gov/enrd/ 

Consent_Decrees.html. A copy of the 

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 $12.00 (25 cents per 

page reproduction cost) payable to the 

United States Treasury or, if by e-mail 

or fax, please forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Robert E. Maher, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2011–25450 Filed 10–3–11; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Notice of Initial Determination Revising 

the List of Products Requiring Federal 

Contractor Certification as to Forced/ 

Indentured Child Labor Pursuant to 

Executive Order 13126 

AGENCY: Bureau of International Labor 

Affairs (ILAB), Department of Labor. 

ACTION: Request for comments. 

SUMMARY: This initial determination 

proposes to revise the list required by 

Executive Order No. 13126 

(‘‘Prohibition of Acquisition of Products 

Produced by Forced or Indentured Child 

Labor’’) in accordance with the 

Department of Labor’s ‘‘Procedural 

Guidelines for the Maintenance of the 

List of Products Requiring Federal 

Contractor Certification as to Forced or 

Indentured Child Labor.’’ Under the 

procurement regulations implementing 

this Executive Order, federal contractors 

who supply products on the list 

published by the Department of Labor 

must certify that they have made a good 

faith effort to determine whether forced 

or indentured child labor was used to 

produce the items listed. This notice 

proposes to add 3 new items to the list 

that 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 this initial determination. 

The Department will consider all public 

comments prior to publishing a final 

determination updating the list of 

products, made in consultation and 

cooperation with the Department of 

State and the Department of Homeland 

Security. 

DATES: Information should be submitted 

to the Office of Child Labor, Forced 

Labor and Human Trafficking (OCFT) 

via one of the methods described below 

by 5 p.m., December 3, 2011. 

To Submit Information, or For Further 

Information, Contact: Information 

submitted to the Department should be 

submitted directly to OCFT, Bureau of 

International Labor Affairs, U.S. 

Department of Labor at (202) 693–4843 

(this is not a toll free number). 

Comments, identified as ‘‘Docket No. 

DOL–2011–0006,’’ may be submitted by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The portal 

includes instructions for submitting 

comments. Parties submitting responses 

electronically are encouraged not to 

submit paper copies. 

• Facsimile (fax): OCFT at 202–693– 

4830. 

• Mail, Express Delivery, Hand 

Delivery, and Messenger Service (2 

copies): Rachel Rigby/Charita Castro at 

U.S. Department of Labor, OCFT, 

Bureau of International Labor Affairs, 

200 Constitution Avenue, NW., Room 

S–5317, Washington, DC 20210. 

• E-mail: EO13126@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Information Sought 

The Department is requesting public 

comment on the revisions to the List 

proposed below, as well as any other 

issue related to the fair and effective 

implementation of Executive Order (EO) 

13126. This notice is a general 

solicitation of comments from the 

public. All submitted comments will be 

made a part of the public record and 

will be available for inspection on 

http://www.regulations.gov. 

In conducting research for this initial 

determination, the Department 

considered a wide variety of materials 

based on its own research or originating 

from other U.S. Government agencies, 

foreign governments, international 

organizations, non-governmental 

organizations (NGOs), U.S. Governmentfunded technical assistance and field 

research projects, academic research, 

independent research, media and other 

sources. The Department of State and 

U.S. embassies and consulates abroad 

also provide important information by 

gathering data from contacts, 

conducting site visits and reviewing 

local media sources. For this initial 

determination, the Department also 

sought additional information from the 

public through a call for information 

published in the Federal Register on 

April 25, 2011. 

In developing the revised List, the 

Department’s review focused on 

information concerning the use of 

forced or indentured child labor that 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices 61385 

was available from the above sources. A 

lack of information does not, by itself, 

establish that forced or indentured child 

labor is not being used in a particular 

country or for a particular product. The 

Department’s ability to gather relevant 

information is constrained by available 

resources and information about 

working conditions in some countries is 

difficult or impossible to obtain, for a 

variety of reasons. For example, some 

governments are unable or unwilling to 

cooperate with international efforts or 

with the efforts of NGOs to uncover and 

address labor exploitation such as 

forced or indentured child labor. 

Institutions or organizations that might 

uncover such information, such as 

independent news media, trade unions 

and NGOs may not exist or may not be 

able to operate freely. 

As outlined in the Procedural 

Guidelines, several factors were 

weighed in determining whether or not 

a product should be placed on the 

revised list: The nature of the 

information describing the use of forced 

or indentured child labor; the source of 

the information; the date of the 

information; the extent of corroboration 

of the information by other sources; 

whether the information involved more 

than an isolated incident; and whether 

recent and credible efforts are being 

made to address forced or indentured 

child labor in a particular country or 

industry. 

This notice constitutes the initial 

determination updating the EO 13126 

list issued May 31, 2011. 

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 

countries of origin, might have been 

mined, produced, or manufactured by 

forced or indentured child labor: 

Product Country 

Bricks ............. Afghanistan. 

Cassiterite ...... Democratic Republic of the 

Congo. 

Coltan ............. Democratic Republic of the 

Congo. 

The Department invites public 

comment on whether these products 

(and/or other products, regardless of 

whether they are mentioned in this 

Notice) should be included or removed 

from the revised List of products 

requiring federal contractor certification 

as to the use of forced or indentured 

child labor. To the extent possible, 

comments provided should address the 

criteria for inclusion of a product on the 

List contained in the Procedural 

Guidelines discussed above. The 

Department is also interested in public 

comments relating to whether products 

initially determined to be on the List are 

designated with appropriate specificity 

and whether alternative designations 

would better serve the purposes of EO 

13126. 

The documents and sources providing 

the preliminary basis for adding these 

goods and countries to the List are 

available on the Internet at http:// 

www.dol.gov/ILAB/regs/eo13126/ 

main.htm. 

Following receipt and consideration 

of comments on the additions to the List 

set out above, the Department of Labor, 

in consultation and cooperation with 

the Departments of State Homeland 

Security, will issue a final 

determination in the Federal Register. 

The Department of Labor intends to 

continue to revise the List periodically 

to add and/or delete products as 

warranted by the receipt of new and 

credible information. 

II. Background 

On June 12, 1999 President Clinton 

signed EO 13126, which was published 

in the Federal Register on June 16, 1999 

(64 FR 32383). EO 13126 declared that 

it was ‘‘the policy of the United States 

Government * * * that the executive 

agencies shall take appropriate actions 

to enforce the laws prohibiting the 

manufacture or importation of goods, 

wares, articles, and merchandise mined, 

produced or manufactured wholly or in 

part by forced or indentured child 

labor.’’ Pursuant to EO 13126, and 

following public notice and comment, 

the Department of Labor published in 

the January 18, 2001 Federal Register a 

list of products (the ‘‘List’’), along with 

their respective countries of origin, that 

the Department, in consultation and 

cooperation with the Departments of 

State and Treasury (whose relevant 

responsibilities are now within the 

Department of Homeland Security), had 

a reasonable basis to believe might have 

been mined, produced or manufactured 

with forced or indentured child labor 

(66 FR 5353). The Department also 

published the ‘‘Procedural Guidelines 

for Maintenance of the List of Products 

Requiring Federal Contractor 

Certification as to Forced or Indentured 

Child Labor’’ (Procedural Guidelines) on 

January 18, 2001, which provide 

procedures for the maintenance, review 

and, as appropriate, revision of the List 

(66 FR 5351). 

The Procedural Guidelines provide 

that the List may be updated through 

consideration of submissions by 

individuals and on the Department’s 

own initiative. When proposing to 

update the List, the Department of Labor 

must publish in the Federal Register a 

notice of initial determination, which 

includes any proposed alteration to the 

List. The Department will consider all 

public comments prior to the 

publication of a final determination of 

an updated list, which is made in 

consultation and cooperation with the 

Departments of State and Homeland 

Security. 

On January 18, 2001, pursuant to 

Section 3 of the EO 13126, the Federal 

Acquisition Regulatory Council 

published a final rule to implement 

specific provisions of EO 13126 that 

requires, among other things, that 

federal contractors who supply products 

that appear on the List certify to the 

contracting officer that the contractor, 

or, in the case of an incorporated 

contractor, a responsible official of the 

contractor, has made a good faith effort 

to determine whether forced or 

indentured child labor was used to 

mine, produce or manufacture any 

product furnished under the contract 

and that, on the basis of those efforts, 

the contractor is unaware of any such 

use of child labor. See 48 CFR Subpart 

22.15. 

On September 11, 2009, the 

Department of Labor published an 

initial determination in the Federal 

Register proposing to update the List to 

include 29 products from 21 countries. 

The Notice requested public comments 

for a period of 90 days. Public 

comments were received and reviewed 

by all relevant agencies and a final 

determination was issued on July 20, 

2010 that included all products 

proposed in the initial determination 

except for carpets from India. Carpets 

from India were excluded from the final 

determination based on public 

comments that provided sufficient 

information on a reduction of forced 

child labor in this sector to warrant 

further consideration before placing 

carpets on the List. 75 FR 42164. 

On December 16, 2010, The 

Department of Labor published an 

initial determination in the Federal 

Register proposing to update the List to 

add one product to the List and remove 

one product from the List. The Notice 

requested public comments for a period 

of 60 days. Public comments were 

received and reviewed by all relevant 

agencies, and a final determination was 

issued on May 31, 2011 that included 

all revisions proposed in the initial 

determination. 76 FR 31365. 

The current List and the Procedural 

Guidelines can be accessed on the 

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


pmangrum on DSK3VPTVN1PROD with NOTICES
61386 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Notices 

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. 

III. Definitions 

Under Section 6(c) of EO 13126: 

‘‘Forced or indentured child labor’’ 

means all work or service— 

(1) exacted from any person under the 

age of 18 under the menace of any 

penalty for its nonperformance and for 

which the worker does not offer himself 

voluntarily; or 

(2) performed by any person under 

the age of 18 pursuant to a contract the 

enforcement of which can be 

accomplished by process or penalties. 

Signed at Washington, DC, this 19th day of 

September, 2011. 

Carol Pier, 

Associate Deputy Undersecretary, Bureau of 

International Labor Affairs. 

[FR Doc. 2011–24622 Filed 10–3–11; 8:45 am] 

BILLING CODE 4510–28–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

Data Users Advisory Committee; 

Notice of Meeting and Agenda 

The Bureau of Labor Statistics Data 

Users Advisory Committee will meet on 

Tuesday, October 25, 2011. The meeting 

will be held in the Postal Square 

Building, 2 Massachusetts Avenue, NE., 

Washington, DC. 

The Committee provides advice to the 

Bureau of Labor Statistics from the 

points of view of data users from 

various sectors of the U.S. economy, 

including the labor, business, research, 

academic, and government 

communities, on technical matters 

related to the collection, analysis, 

dissemination, and use of the Bureau’s 

statistics, on its published reports, and 

on the broader aspects of its overall 

mission and function. 

The meeting will be held in Meeting 

Rooms 1, 2, and 3 of the Postal Square 

Building Conference Center. The 

schedule and agenda for the meeting are 

as follows: 

8:30 a.m. Registration. 

8:45 a.m. Introductions and Welcome. 

9 a.m. Commissioner’s Introduction. 

9:45 a.m. Follow-up from Past 

Recommendations. 

10:45 a.m. Discuss initiative, Current 

Employment Statistics data by size 

class. 

1 p.m. Discuss initiative, 

Competitiveness measures in the 

International Price Program. 

2 p.m. Request for DUAC suggestions 

for improving Data Access/Query Tools 

and Output Formats on the BLS Web 

site. 

3 p.m. Discuss initiative, 

Consolidating BLS Publications. 

4 p.m. Request for DUAC suggestions 

for reaching targeted industries with 

low data collection response rates. 

5 p.m. Wrap-up. 

The meeting is open to the public. 

Any questions concerning the meeting 

should be directed to Kathy Mele, Data 

Users Advisory Committee, on 202– 

691–6102. Individuals who require 

special accommodations should contact 

Ms. Mele at least two days prior to the 

meeting date. 

Kimberley D. Hill, 

Chief, Division of Management Systems, 

Bureau of Labor Statistics. 

[FR Doc. 2011–25402 Filed 10–3–11; 8:45 am] 

BILLING CODE 4510–24–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 11–10] 

Report on the Criteria and 

Methodology for Determining the 

Eligibility of Candidate Countries for 

Millennium Challenge Account 

Assistance in Fiscal Year 2011 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Notice. 

SUMMARY: This report to Congress is 

provided in accordance with Section 

608(b) of the Millennium Challenge Act 

of 2003, as amended, 22 U.S.C. 7707(b) 

(the ‘‘Act’’). 

Dated: September 29, 2011. 

Melvin F. Williams, Jr., 

VP/General Counsel and Corporate Secretary, 

Millennium Challenge Corporation. 

Report on the Criteria and Methodology 

for Determining the Eligibility of 

Candidate Countries for Millennium 

Challenge Account Assistance in Fiscal 

Year 2012 

Summary 

This report to Congress is provided in 

accordance with section 608(b) of the 

Millennium Challenge Act of 2003, as 

amended, 22 U.S.C. 7707(b) (the ‘‘Act’’). 

The Act authorizes the provision of 

Millennium Challenge Account 

(‘‘MCA’’) assistance to countries that 

enter into a Millennium Challenge 

Compact with the United States to 

support policies and programs that 

advance the prospects of such countries 

achieving lasting economic growth and 

poverty reduction. The Act requires the 

Millennium Challenge Corporation 

(‘‘MCC’’) to take a number of steps in 

determining what countries will be 

selected as eligible for MCA compact 

assistance for fiscal year 2012 (‘‘FY12’’) 

based on the countries’ demonstrated 

commitment to just and democratic 

governance, economic freedom, and 

investing in their people, as well as 

MCC’s opportunity to reduce poverty 

and generate economic growth in the 

country. These steps include the 

submission of reports to the 

congressional committees specified in 

the Act and publication of notices in the 

Federal Register that identify: 

The countries that are ‘‘candidate 

countries’’ for MCA assistance for FY12 

based on their per-capita income levels 

and their eligibility to receive assistance 

under U.S. law. This report also 

identifies countries that would be 

candidate countries but for specified 

legal prohibitions on assistance (section 

608(a) of the Act; 22 U.S.C. § 7707(a)); 

The criteria and methodology that 

MCC’s Board of Directors (‘‘the Board’’) 

will use to measure and evaluate the 

policy performance of the candidate 

countries consistent with the 

requirements of section 607 of the Act 

(22 U.S.C. 7706) in order to determine 

‘‘MCA eligible countries’’ from among 

the ‘‘candidate countries’’ (section 

608(b) of the Act); and 

The list of countries determined by 

the Board to be ‘‘MCA eligible 

countries’’ for FY12, with justification 

for eligibility determination and 

selection for compact negotiation, 

including which of the MCA eligible 

countries the Board will seek to enter 

into MCA compacts (section 608(d) of 

the Act). 

This report sets out the criteria and 

methodology to be applied in 

determining eligibility for FY12 MCA 

assistance. 

Criteria and Methodology for FY12 

The Board will base its selection of 

eligible countries on several factors 

including the country’s overall 

performance in three broad policy 

categories—Ruling Justly, Encouraging 

Economic Freedom, and Investing in 

People; MCC’s opportunity to reduce 

poverty and generate economic growth 

in a country; and the availability of 

funds to MCC. 

Section 607 of the Act requires that 

the Board’s determination of eligibility 

be based ‘‘to the maximum extent 

possible, upon objective and 

quantifiable indicators of a country’s 


pmangrum on DSK3VPTVN1PROD with NOTICES