[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55397-55399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25012]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Request for Comments on Labor Capacity-Building Efforts Under the
Dominican Republic-Central America-United States Free Trade Agreement
AGENCY: Bureau of International Labor Affairs, U.S. Department of Labor
and Office of the United States Trade Representative.
ACTION: Request for comments from the public.
-----------------------------------------------------------------------
SUMMARY: This notice is a request for comments from the public to
assist the Secretary of Labor and the United States Trade
Representative in preparing a report on labor capacity-building efforts
under Chapter 16 (``the Labor Chapter'') and Annex 16.5 of the
Dominican Republic-Central America-United States Free Trade Agreement
(``CAFTA-DR''). Comments are also welcomed on efforts made by the
CAFTA-DR countries to implement the labor obligations under the Labor
Chapter and the recommendations contained in a paper entitled, ``The
Labor Dimension in Central America and the Dominican Republic--Building
on Progress: Strengthening Compliance and Enhancing Capacity'' (the
``White Paper''). This report is required under the Dominican Republic-
Central America-United States Free Trade Agreement Implementation Act
(CAFTA-DR Implementation Act). The reporting function and the
responsibility for soliciting public comments required under this Act
were assigned to the Secretary of Labor in
[[Page 55398]]
consultation with the United States Trade Representative (USTR).
DATES: Written comments are due no later than 5 p.m. (EDT) January 2,
2018.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, the Federal e-rulemaking portal. Comments may also
be submitted by postal or electronic mail to: Mr. Graham Robertson,
Office of Trade and Labor Affairs, Bureau of International Labor
Affairs, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-
5006, Washington, DC 20210, [email protected]. Comments that
are mailed must be received by the date indicated for consideration.
Also, please note that due to security concerns, postal delivery in
Washington, DC may be delayed. Therefore, in order to ensure that
comments receive full consideration, the Department encourages the
public to submit comments via the internet as indicated above. Please
submit only one copy of your comments by only one method. Also, please
be advised that comments received will become a matter of public record
and will be posted without change to http://www.regulations.gov,
including any personal information provided. The Department cautions
commenters not to include personal information, such as Social Security
Numbers, personal addresses, telephone numbers, and email addresses in
their comments as such information will become viewable by the public
on the http://www.regulations.gov Web site. It is each commenter's
responsibility to safeguard his or her information. Comments submitted
through http://www.regulations.gov will not include the commenter's
email address unless the commenter chooses to include that information
as part of his or her comment. If you are unable to provide submissions
by either of these means, please contact Graham Robertson (202-693-
4818) to arrange for an alternative method of submission.
FOR FURTHER INFORMATION CONTACT: Mr. Graham Robertson, Office of Trade
and Labor Affairs, Bureau of International Labor Affairs, U.S.
Department of Labor, 200 Constitution Avenue NW., Room S-5006,
Washington, DC 20210. Email: [email protected], Telephone:
(202) 693-4818.
SUPPLEMENTARY INFORMATION:
1. Background Information
During the legislative approval process for the CAFTA-DR, the
Administration and the Congress reached an understanding on the need to
support labor capacity-building efforts linked to recommendations
identified in the ``White Paper'' of the Working Group of the Vice
Ministers Responsible for Trade and Labor in the countries of Central
America and the Dominican Republic. Appropriations have been made
available from FY 2005 through 2017 to support labor capacity building
efforts in CAFTA-DR countries. For more information, see the full text
of the CAFTA-DR at https://ustr.gov/trade-agreements/free-trade-agreements/cafta-dr-dominican-republic-central-america-fta/final-text
and the ``White Paper'' at http://www.sice.oas.org/labor/White%20Paper_e.pdf.
In addition, in December 2006, the U.S. Department of Labor (USDOL)
published its procedural guidelines for the receipt and review of
submissions under U.S. Free Trade Agreements, including the CAFTA-DR
(71 FR 76691 Dec. 21, 2006). Subsequently, pursuant to CAFTA-DR Article
16.4.2, in November 2008, the United States and CAFTA-DR partner
countries held the first Labor Affairs Council meeting in San Salvador,
El Salvador. Since the CAFTA-DR came into force, USDOL's Office of
Trade and Labor Affairs (OTLA) has accepted three submissions under the
labor chapter of the CAFTA-DR. In February 2015, OTLA issued a public
report on its review of a submission regarding Honduras, and in
December of that year the United States and Honduras signed a
comprehensive monitoring and action plan that addresses gaps in
enforcement of Honduran labor law outlined in OTLA's public report. In
September 2013, OTLA issued a public report in response to a submission
regarding the Dominican Republic and since then, the Department of
Labor has been engaging with the Dominican Republic on the issues
identified in the report. With respect to a submission regarding
Guatemala, OTLA issued a public report in January 2009, and the United
States Trade Representative requested the establishment of an arbitral
panel in August 2011, pursuant to Article 20.6.1, to consider whether
the Government of Guatemala was conforming to its obligations under
Article 16.2.1(a) of the CAFTA-DR. In November 2012, the parties agreed
to suspend panel proceedings while the parties negotiated and
implemented an Enforcement Plan. In an attempt to resolve the dispute,
the Panel resumed its work in September 2013 and issued its final
report on June 14, 2017. The Panel's findings confirmed the U.S. view
that Guatemala's enforcement failures, in particular with respect to
laws protecting the right of association, the right to organize and
bargain collectively, and acceptable conditions of work including
occupational safety and health, minimum wage, and hours of work, are a
serious concern, but determined that evidence did not establish other
required elements necessary to prove a violation of CAFTA-DR. Under
CAFTA-DR, the panel decision is final; there is no appeal process.
Under section 403(a) of the CAFTA-DR Implementation Act, 19 U.S.C.
4111(a), the President must report biennially to the Congress on the
progress made by the CAFTA-DR countries in implementing the labor
obligations and the labor capacity-building provisions found in the
Labor Chapter and in Annex 16.5, and in implementing the
recommendations contained in the ``White Paper.'' Section 403(a)(4)
requires that the President establish a mechanism to solicit public
comments on the matters described in section 403(a)(3)(D) of the CAFTA-
DR Implementation Act, 19 U.S.C. 4111(a)(4) (listed below in 2).
By Proclamation, the President delegated the reporting function and
the responsibility for soliciting public comments under section 403(a)
of the CAFTA-DR Implementation Act, 19 U.S.C. 4111(a), to the Secretary
of Labor, in consultation with the USTR (Proclamation No. 8272, 73 FR
38,297 (June 30, 2008)). This notice serves to request public comments
as required by this section.
2. The USDOL Is Seeking Comments on the Following Topics as Required
Under Section 403(a)(3)(D) of the CAFTA-DR Implementation Act
a. Capacity-building efforts by the United States government
envisaged by Article 16.5 of the CAFTA-DR Labor Chapter and Annex 16.5;
b. Efforts by the United States government to facilitate full
implementation of the ``White Paper'' recommendations; and
c. Efforts made by the CAFTA-DR countries to comply with Article
16.5 of the Labor Chapter and Annex 16.5 and to fully implement the
``White Paper'' recommendations, including progress made by the CAFTA-
DR countries in affording to workers internationally-recognized worker
rights through improved capacity.
3. Requirements for Submission
Persons submitting comments must do so in English and must make the
following note on the first page of their submissions: ``Comments
regarding the
[[Page 55399]]
CAFTA-DR Implementation Act.'' In order to be assured consideration,
comments should be submitted by 5 p.m. (EDT), January 2, 2018. The
Department of Labor encourages commenters to make on-line submissions
using the www.regulations.gov Web site. When entering this site, enter
``Request for Comments on Labor Capacity-Building Efforts Under the
Dominican Republic-Central America-United States Free Trade Agreement''
on the home page search bar and click ``search.'' The site will provide
a search-results page listing all documents associated with this
docket. Find a reference to this notice and click on the link entitled
``Comment Now.'' (For further information on using the
www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on ``How to Use This Site'' (found on the
bottom of the home page under ``Help'')).
The www.regulations.gov Web site allows users to provide comments
by filling in a ``Type Comment field,'' or by attaching a document
using an ``Upload File'' field. The USDOL prefers that uploaded
submissions be in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the
submission is in an application other than those two, please indicate
the name of the application in the ``Type Comment'' field.
Please do not attach separate cover letters to electronic
submissions; rather, include any information that might appear in a
cover letter in the submission itself. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the submission itself and not as separate files.
As noted, USDOL strongly urges submitters to file comments through
the www.regulations.gov Web site.
Comments will be open to public inspection. Comments may be viewed
on the www.regulations.gov Web site.
Signed at Washington, DC, on November 9, 2017.
Martha E. Newton,
Deputy Undersecretary.
[FR Doc. 2017-25012 Filed 11-20-17; 8:45 am]
BILLING CODE 4510-28-P