[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]


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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.

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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

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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

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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