[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Notices]
[Pages 40301-40302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17055]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment and Training Administration is soliciting 
comments concerning the proposed revision collection of the ETA-9109, 
Trade Adjustment Assistance Petition Form and its Spanish translation, 
ETA-9109a, Formulario de Solicitud Ayuda Ajuste Comercial and the 
associated forms--ETA-9110,Company Endorsement Form for Primary Workers 
(CEFP); ETA-9111, Company Endorsement Form for Secondary Workers 
(CEPS); ETA-9112, Customer Questionnaire (CQ); ETA-9113, Supporting 
Company Request (SCOR); ETA-9114, Supporting Customer Request (SCUR), 
and ETA-9115, Bid Questionnaire (BQ).
    A copy of the proposed information collection request (ICR) can be 
obtained by contacting the office listed below in the addressee section 
of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before September 5, 2003.

ADDRESSES: Erin L. FitzGerald, Program Analyst, Division of Trade 
Adjustment Assistance, Room C-5311, 200 Constitution Ave., NW., 
Washington, DC 20210. Phone (202) 693-3506 (this is not a toll-free 
number), fax (202) 693-3584, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Trade Adjustment Assistance (TAA) Reform Act of 2002 (Public 
Law 107-210) amends the Trade Act of 1974 and consolidates two 
previously authorized worker adjustment assistance programs, Trade 
Adjustment Assistance (TAA) and North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA-TAA) into one TAA program 
effective November 4, 2002. Section 221(a) of Title II, Chapter 2 of 
the Trade Act of 1974, as amended by the TAA Reform Act of 2002, 
authorizes the Secretary of Labor and the Governor of each state to 
accept petitions for certification of eligibility to apply for 
adjustment assistance. The petitions may be filed by a group of 
workers, their certified or recognized union or duly authorized 
representative, employers of such workers, and one-stop operators or 
one-stop partners. The ETA Form 9109, Trade Adjustment Assistance 
Petition Form, and ETA-9109a, its Spanish translation, Formulario de 
Solicitud Ayuda Ajuste Comercial, establish a format that may be used 
for filing such petitions. The petition form revises and eliminates ETA 
Form 9042a and its Spanish translation. The Company Endorsement Form 
eliminates the need for the ETA-9043A, Confidential Data Request form. 
The Customer and Bid Questionnaires eliminate the need for the ETA-
8562a, Customer Survey.
    The collection of information is currently being revised to meet 
the specifications outlined in the legislation of the TAA Reform Act of 
2002. While the premise of data collection for the purpose of 
certification of trade affected workers has remained the same, the 
specific statutes have altered the type and degree of data collected.
    The information obtained by the use of the Company Endorsement 
Form, and Customer Questionnaire is used by the investigative workgroup 
of the Division of Trade Adjustment Assistance (DTAA). The findings 
present an objective set of facts to the Director of the DTAA, other 
Employment and Training Administration (ETA) officials and the 
Secretary of Labor with which to make timely decisions regarding 
whether imports or shift of production of products like or directly 
competitive with those produced by the petitioning workers' firm 
contributed importantly to its sales, production, and employment 
declines, and in turn, determine whether the petitioning workers meet 
the statutory criteria for eligibility to apply for TAA.
    The TAA Reform Act of 2002 makes provisions for additional types of 
worker groups who are eligible for benefits. This requires additional 
forms and revisions to questions to determine whether the applicants 
can be certified. To this extent the DTAA has created the Company 
Endorsement Form for Secondary Workers for workers who are applying for 
Secondary Worker assistance as outlined in the TAA Reform Act of 2002.
    The DTAA is streamlining the petition process to decrease the time 
burden on the petitioner. The streamlining of these forms was necessary 
in order to allow the U.S. Department of Labor to meet the statutory 40 
day timeframe for determination on all petitions. An Internet based 
option for filing petitions will also be available. The petition form 
and its associated forms had to be altered to allow for petitioners to 
submit only the information necessary for certification. The forms will 
remove the need for the majority of petitioners to supply additional 
supporting data beyond the completed form. In addition, the new 
legislation authorizes, and the petition form reflects, a consolidation 
of the TAA program and NAFTA-TAA program, eliminating duplicitous data 
requests from the petitioner.
    The DTAA will implement a data validation procedure to be used to 
confirm information obtained in the Company Endorsement Form, and 
Customer and Bid Questionnaires. The sample, conducted randomly, will 
be based upon ten percent of all petitions filed to ensure compliance 
with the regulatory and statutory requirements set forth in the TAA 
Reform Act of 2002.
    The Supporting Company Request and the Supporting Customer Request 
forms will be used to perform the data

[[Page 40302]]

validation. This will reduce the overall burden for all respondents. 
Consequently, ninety percent of companies and customers will submit a 
significantly reduced Company Endorsement Form, and Customer and Bid 
Questionnaires.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    * evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    * evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    * enhance the quality, utility, and clarity of the information to 
be collected; and
    * minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

III. Current Actions

    This is a notice to seek OMB approval of previously approved forms 
that have been revised to comply with the TAA Reform Act of 2002. Forms 
previously approved by OMB under control numbers 1205-0342, 1205-0339, 
and 1205-0190 were allowed to expire 9/30/03. The institution of the 
ETA-9109, Trade Adjustment Assistance Petition Form; ETA-9109a, 
Formulario de Solicitud Ayuda Ajuste Comercial, ETA-9110, Company 
Endorsement Form for Primary Workers (CEFP); ETA-9111, Company 
Endorsement Form for Secondary Workers (CEFS); ETA-9112, Customer 
Questionnaire (CQ); ETA-9113, Supporting Company Request (SCOR); ETA-
9114, Supporting Customer Request (SCUR); and ETA-9115, Bid 
Questionnaire (BQ) provides a format for collecting information 
necessary for the Department to comply with the requirement that it 
accept petitions for Trade Adjustment Assistance and issue 
determinations of eligibility in response to those petitions.
    Type of Review: New.
    Agency: Employment and Training Administration.
    Title: Trade Adjustment Assistance Petition Forms.
    OMB Number: 1205-0NEW.
    Affected Public: Individuals or Households, Businesses or other 
for-profit/Farms/Federal, State, Local or Tribal Government.

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                                      Total                              Total       Average time per    Burden
         Cite/Reference            respondents       Frequency         responses         response       (hours)
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ETA 9109 Petition/ETA 9109a               4,100  Occasion.........           4,100  35 minutes.......      2,392
 Spanish Petition.
ETA-9110/Company Endorsement              2,870  Occasion.........           2,870  30 minutes.......      1,435
 Form for Primary Workers
 (CEFP).
ETA 9111/Company Endorsement              1,230  Occasion.........           1,230  20 minutes.......        410
 Form for Secondary Workers
 (CEFS).
ETA 9112/Customer Questionnaire           9,840  Occasion.........           9,840  15 minutes.......      2,460
 (CQ)/ETA 9115/Bid
 Questionnaire (BQ).
ETA 9113/Supporting Company                 410  Occasion.........             410  1 hour...........        410
 Request (SCOR).
ETA 9114/Supporting Customer                984  Occasion.........             984  1 hour...........        984
 Request (SCUR).
                                -----------------
      Totals...................          19,434  .................          19,434  .................      8,091
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    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintaining): $0.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for Office of Management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

    Dated: June 30, 2003.
Timothy F. Sullivan,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 03-17055 Filed 7-3-03; 8:45 am]
BILLING CODE 4510-30-P