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

Forms and Documents

Document Name	Status
Form ETA 9118 Business Information Request ETA-9118 Form	New
Form ETA 8562a Business Customer Survey ETA 8562 Form	New
Form ETA 9042 Petition, ETA 9042 and 9042a, filled out by state/local workforce staff Form and Instruction	Modified
Form ETA 9042 Petition, ETA-9042 and 9042a, filled out by company or union officials/representatives Form and Instruction	Modified
Form ETA 9043b Business Data Request, Non-Production Questionnaire and Customer Survey, For ETA-9043 Form and Instruction	Modified
Form ETA 9042 Petition, ETA-9042 and 9042a, individuals (three or more workers) Form and Instruction	Modified
1205-0342 Supporting Statement FINAL 2019-06-12.docx Supporting Statement A	2019-08-28

IC Document Collections

IC ID	Document Title	Status
236420	Business Information Request ETA-9118 Form	New
236419	Business Customer Survey ETA 8562 Form	New
187430	Petition, ETA 9042 and 9042a, filled out by state/local workforce staff Form and Instruction	Modified
187426	Petition, ETA-9042 and 9042a, filled out by company or union officials/representatives Form and Instruction	Modified
186916	Business Data Request, Non-Production Questionnaire and Customer Survey, For ETA-9043 Form and Instruction	Modified
13133	Petition, ETA-9042 and 9042a, individuals (three or more workers) Form and Instruction	Modified

ICR Details

OMB Control No: 1205-0342	ICR Reference No: 201905-1205-011
Status: Historical Active	Previous ICR Reference No: 201603-1205-003
Agency/Subagency: DOL/ETA	Agency Tracking No: EBSS
Title: Petition Requirements and Investigative Data Collection: Trade Act of 1974, as Amended
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/30/2019
	Date Received in OIRA: 08/28/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved	09/30/2019
Responses	5,460	0	7,439
Time Burden (Hours)	11,260	0	15,483
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. Versions of ETA 9042, Petition for Trade Adjustment Assistance and Alternative Trade Adjustment Assistance, 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 8562a, ETA 8562a-1, and 8562b, 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. They are used by the Secretary of Labor to certify groups of workers as eligible to apply for worker trade adjustment assistance.

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

Citations for New Statutory Requirements: None

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 6174	02/26/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 45174	08/28/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Business Data Request, Non-Production Questionnaire and Customer Survey, For ETA-9043	ETA 9043a, ETA 9043b	Business Confidential Data Request (Services) ,   Business Confidential Data Request (article)
Petition, ETA-9042 and 9042a, individuals (three or more workers)	ETA 9042, ETA 9042a	Petition ,   Petition, in Spanish
Petition, ETA-9042 and 9042a, filled out by company or union officials/representatives	ETA 9042a , ETA 9042	Petition ,   Petition in Spanish
Petition, ETA 9042 and 9042a, filled out by state/local workforce staff	ETA 9042, ETA 9042a	Petition ,   Petition, in Spanish
Business Customer Survey ETA 8562	ETA 8562a, ETA 8562a1, ETA 8562b	ETA 8562a ,   ETA 8562a1 ,   ETA 8562b
Business Information Request ETA-9118	ETA 9118	ETA 9118

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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	5,460	7,439	0	0	-1,979	0
Annual Time Burden (Hours)	11,260	15,483	0	0	-4,223	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: There is a change in burden for: (1) total responses, from 7,439.25 in the current collection, to 5,460 in the proposed collection, and; (2) total hour burden is changed from 15,483.45 hours in the current collection, to 11,360 in the proposed collection. The change in the volume of responses and burden hours changed due to a variety of factors. Specific changes are noted under the form series underlined below. • TAA Petition (ETA-9042, ETA-9042A) The Supporting Statement for the current collection presumed an annualized estimate of 1,635 petitions, which reflects both the total number of respondents and the responses. In looking at recent trends of petition activity, this volume was reduced in the proposed collection to 1,200 petitions. This revised estimate impacts the estimated burden of all of the remaining forms in this collection, as the number of investigative forms used each year is contingent on the number initiating petitions received. Hour burden for the different versions of the TAA petition is reduced from 686.7 hours to 500 hours. • Business Data Request (ETA-9043a, ETA-9043b) Due to the reduction in estimate in the collection of the TAA petition, the burden for the ETA-9043a and ETA-9043b in the proposed collection is reduced to 1,200 responses versus 1,635 in the current collection for the two forms. Correspondingly the burden hours are reduced from 6,540 hours to 4,800 burden hours collectively for the two forms. • Customer Surveys (ETA-8562a, ETA-8562b, ETA-8562a-1) There is also a change in burden hours and responses for the proposed collection for the ETA-8562a, ETA-8562b, and ETA-8562a-1. Due to the change in expected number of Petitions, the total annual responses is reduced from 4,087.5 in the current collection to 3,000. The total annual burden hours is reduced from 8,175 to 6,000. • Business Information Request (ETA-9118) Due to the reduction in estimate in the collection of the TAA petition, the burden for the ETA-9118 in the proposed collection is reduced to 60 responses (versus 81.75 in the current collection), with a corresponding change in burden hours from 81.75 hours in the current collection to 60 hours in the proposed collection. The above changes in response volumes result in a net increase in annualized cost to the federal government itemized in #14 above, from $13,059 in the current collection, to $19,127.40 in the proposed collection – due solely to wage increases since the last approval.

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Annual Cost to Federal Government: $19,127

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 08/28/2019

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