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Agency Information Collection Activities; Submission for OMB Review; Comment Request; Petition Requirements and Investigative Data Collection: Trade Act of 1974, as Amended

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The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, “Petition Requirements and Investigative Data Collection: Trade Act of 1974, as Amended,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).


Submit comments on or before February 28, 2013.


A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the Web site,​public/​do/​PRAMain, on the day following publication of this notice or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an email to

Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503, Fax: 202-395-6881 (this is not a toll-free number), email:

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Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by email at

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Authority: 44 U.S.C. 3507(a)(1)(D).

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Section 221 (a) of Title II, Chapter 2 of the Trade Act of 1974, as amended by the Trade and Globalization Adjustment Assistance Act of 2009 (19 U.S.C. 2271), authorizes the Secretary of Labor and the Governor of each State to accept petitions for certification of eligibility to apply for adjustment assistance. Versions of Form ETA-9042, Petition for Trade Adjustment Assistance and Alternative Trade Adjustment Assistance, establish a format that may be used for filing such petitions. DOL regulations regarding petitions for worker adjustment assistance may be found at 29 CFR part 90. Forms ETA-8562a, ETA-8562 a-1, ETA-8562 b, ETA-9118, ETA-9043a, and ETA-9043b are all undertaken in accordance with sections 222, 223, and 249 of the Trade Act of 1974, as amended by the Trade and Globalization Adjustment Assistance Act of 2009. The Secretary uses this information to certify whether groups of workers are eligible to apply for worker trade adjustment assistance. Revisions contained in this ICR will: (1) Align petitions (Form ETA-9042) with the American Job Center network branding initiative, (2) include additional citations to the appropriate regulations and guidance in the investigative data collection processing instructions page, and (3) provide clarifying language within the investigative data collection requirements.

This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1205-0342. The current approval is scheduled to expire on January 31, 2013; however, it should be noted that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional information, see the related notice published in the Federal Register on September 6, 2012 (77 FR 54929).

Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1205-0342. The OMB is particularly interested in comments that:

  • 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 submission of responses.

Agency: DOL-ETA.

Title of Collection: Petition Requirements and Investigative Data Collection: Trade Act of 1974, as Amended.

OMB Control Number: 1205-0342.

Affected Public: Individuals or Households; State, Local, and Tribal Governments; and Private Sector—businesses or other for-profits and not-for-profit institutions.

Total Estimated Number of Respondents: 8,675.

Total Estimated Number of Responses: 8,675.

Total Estimated Annual Burden Hours: 17,883.

Total Estimated Annual Other Costs Burden: $0.

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Dated: January 22, 2013.

Michel Smyth,

Departmental Clearance Officer.

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[FR Doc. 2013-01739 Filed 1-28-13; 8:45 am]