Investigative Data Collection Requirements for the Trade Act of 1974 as amended by the Trade and Globalization Adjustment Assistance Act of 2009

Forms and Documents

Document Name	Status
Form ETA-9042 TAA, ATAA Petition, 9042A and 9042A-1, filled out by state/local workforce staff Form and Instruction	Modified
Form ETA-9042 TAA/ATAA Petition, ETA-9042a and 9042A-1, filled out by company or union officials/representatives Form and Instruction	Modified
Form ETA-9043b Business Confidential Data Request, Non-Production Questionnaire, Customer Survey Form and Instruction	Modified
Form ETA-9042 ETA-9042a and 9042A-1 Petition, individuals (three or more workers) Form and Instruction	Modified
Supporting Statement for 1205-0342 april 23 2009.doc Supporting Statement A	2009-04-24
Note to reviewer for emergency Trade Adjustment Assistance information collection 4 16 09.doc Supplementary Document	2009-04-23

IC Document Collections

IC ID	Document Title	Status
187430	TAA, ATAA Petition, 9042A and 9042A-1, filled out by state/local workforce staff Form and Instruction	Modified
187426	TAA/ATAA Petition, ETA-9042a and 9042A-1, filled out by company or union officials/representatives Form and Instruction	Modified
186916	Business Confidential Data Request, Non-Production Questionnaire, Customer Survey Form and Instruction	Modified
13133	ETA-9042a and 9042A-1 Petition, individuals (three or more workers) Form and Instruction	Modified

ICR Details

OMB Control No: 1205-0342	ICR Reference No: 200904-1205-009
Status: Historical Active	Previous ICR Reference No: 200810-1205-007
Agency/Subagency: DOL/ETA	Agency Tracking No: EBSS
Title: Investigative Data Collection Requirements for the Trade Act of 1974 as amended by the Trade and Globalization Adjustment Assistance Act of 2009
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/06/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/15/2009
	Date Received in OIRA: 04/24/2009
Terms of Clearance: DOL's request for emergency clearance of this ICR is approved as submitted. OMB looks forward to discussing the collection further with DOL when it is resubmitted under the PRA's regular process. We will be particularly interested in any comments received from the public and DOL's own implementation experience to determine whether any changes to the collection are warranted to further minimize burden and maximize practical utility.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2009	6 Months From Approved	08/31/2009
Responses	8,675	0	13,200
Time Burden (Hours)	18,642	0	24,281
Cost Burden (Dollars)	0	0	0

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Abstract: 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, authorizes the Secretary of Labor and the Governor of each State to accept petitions for certification of eligibility to apply for adjustment assistance. The Forms ETA 9042A, Petition for Trade Adjustment Assistance and Alternative Trade Adjustment Assistance, and its Spanish translation, Form 9042a-1, Solicitud De Asistencia Para Ajuste, establish a format that may be used for filing such petitions. The Department’s regulations regarding petitions for worker adjustment assistance may be found at 29 C.F.R. § 90. The Forms ETA 9043a, Business Confidential Data Request, ETA 8562a, Business Confidential Customer Survey and ETA 9118, Business Confidential Non-Production Questionnaire are 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, are used by the Secretary of Labor to certify groups of workers as eligible to apply for worker trade adjustment assistance.

Emergency Justfication: This collection is submitted on an emergency clearance basis because ARRA (Section 1891) mandates the implementation of the new criteria listed in Section 222 of the Trade Act (19 USC § 2271, 2272, 2273 et seq.), as amended, by May 18, 2009. The changes and added forms are extensive. To ensure uninterrupted use of the proposed forms,approval by May 5 is required. This timeframe means that the normal PRA process for approval cannot be pursued.

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Authorizing Statute(s): US Code: 19 USC 2271 Name of Law: Trade Adjustment Assistance Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 5 I800 Name of Law: Trade and Globalization Assistance Act of 2009

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Business Confidential Data Request, Non-Production Questionnaire, Customer Survey	ETA-8562, ETA-8562b, ETA-8562d, ETA-8562c, ETA-9118, ETA-9043b, ETA-9043c, ETA-8562a1, ETA-9043a	Business Confidential Data Request, firms that supply a service ,   Business Confidential Data Request, firms that work on a contractual basis ,   Business Confidential Information Request ,   Business Confidential Customrer survey, first tier purchasers of articles ,   Business Confidential Customer Survey, second tier purchasers of articles ,   Business Confidential Customer Survey Services ,   Business Confidential Customer Survey, article related projects ,   BUsiness Confidential Customer Survey, service related contracts ,   Business Confidential Data Request, firms that produce and article
TAA/ATAA Petition, ETA-9042a and 9042A-1, filled out by company or union officials/representatives	ETA-9042, ETA-9042a	Petition for Trade Adjustment Assistance ,   Petition for Trade Adjustment Assistance, Spanish version
TAA, ATAA Petition, 9042A and 9042A-1, filled out by state/local workforce staff	ETA-9042, ETA-9042a	Petition for Trade Adjustment Assistance ,   Petition for Trade Adjustment Assistance (Spanish version)
ETA-9042a and 9042A-1 Petition, individuals (three or more workers)	ETA-9042, ETA-9042a	Petition for Trade Adjustment Assistance ,   Petition for Trade Adjustment Assistance, Spanish version

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	8,675	13,200	998	0	-5,523	0
Annual Time Burden (Hours)	18,642	24,281	5,746	0	-11,385	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This submission constitutes six changes to the currently approved versions in OMB No. 1205-0342. The Form ETA 9042 and ETA 9042a were revised in this data collection, reflecting an expectation of expanded petition activity (+415.29 hours). The revised ETA-9043a, ETA-9043b, and ETA-9043c reflect an increase of the currently approved ETA-9043a, due to increased petition activity and increased burden per response due to changes (+7096.95). The currently approved Form ETA 8562 Business Confidential Customer Survey is expanded to five forms in the requested revision (ETA-8562a, ETA-8562a-1, ETA-8562b, ETA-8562c, ETA-8562d). However the requested revision constitutes a significant reduction of burden because the currently approved collection overestimated issuance of customer surveys in 100% of petitioning worker group investigations; in contrast, the requested revision calculation of collecting customer surveys in 45% of cases where petitions are filed, reflects actual history (-11,386.68 hours). The revised ETA 9118 also results in a decrease due to the change in what it collects and how it is used (-1765.1 hours). The total net burden hour decrease is 5,639.54. The overall burden is reduced because even though activity will increase, the burden amount is more than offset by the reduced projection of collecting customer surveys.

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Annual Cost to Federal Government: $12,322

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/24/2009

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