[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7532]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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DEPARTMENT OF LABOR

Office of Labor-Management Standards

29 CFR Parts 401-406, 408, 409, 417, 451-453, 457 and 458

RIN 1294-AA11

 

Technical Amendments of Rules Relating to Labor-Management 
Standards and Standards of Conduct for Federal Sector Labor 
Organizations

AGENCY: Office of Labor-Management Standards, Office of the American 
Workplace, Labor.

ACTION: Final rule.

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SUMMARY: This document makes a number of technical amendments to 
chapter IV of the Department of Labor's regulations. These changes are 
necessary because of a reorganization within the Department which 
established the Office of the American Workplace (OAW) and transferred 
the Office of Labor-Management Standards to OAW. This document also 
makes other technical corrections.

EFFECTIVE DATE: March 31, 1994.

FOR FURTHER INFORMATION CONTACT: Kay H. Oshel, Chief, Division of 
Interpretations and Standards, Office of Labor-Management Standards, 
Office of the American Workplace, U.S. Department of Labor, room N-
5605, Washington, DC 20210, (202) 219-7373 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION: Secretary's Order No. 2-93, dated July 21, 
1993 (published August 10, 1993, 58 FR 42578), established the Office 
of the American Workplace (OAW) headed by the Assistant Secretary for 
the American Workplace, and transferred the Office of Labor-Management 
Standards (OLMS) to OAW to assist the Assistant Secretary in carrying 
out the responsibilities assigned to him in connection with the Labor-
Management Reporting and Disclosure Act of 1959, as amended (LMRDA), 29 
U.S.C. 401 et seq.; section 1209 of the Postal Reorganization Act of 
1970, 39 U.S.C. 1209; and the provisions relating to standards of 
conduct for labor organizations in the Civil Service Reform Act of 1978 
(CSRA), 5 U.S.C. 7120, and the Foreign Service Act of 1980 (FSA), 22 
U.S.C. 4117. OLMS is now an office within OAW headed by the Deputy 
Assistant Secretary for Labor-Management Standards.
    As a result of this reorganization, it is necessary to make a 
number of technical amendments to the Department's regulations.
    First, the authority citation for each part in chapter IV of title 
29 of the Code of Federal Regulations is amended to replace 
``Secretary's Order No. 3-84 (49 FR 20578)'' with ``Secretary's Order 
No. 2-93 (58 FR 42578).'' Second, the definition of ``Assistant 
Secretary'' is changed from ``Assistant Secretary for Labor-Management 
Standards'' to ``Assistant Secretary for the American Workplace.'' 
Third, the definition of ``Office of Labor-Management Standards'' is 
revised to state that it is part of the Office of the American 
Workplace. Fourth, references to OLMS ``Area Administrators'' are 
changed to ``Regional Directors'' to reflect the change in the title of 
those positions. Finally, the definitions of ``Regional Director'' and 
``Director'' are revised to add a reference to the Office of the 
American Workplace.
    In addition, a number of technical corrections have been made 
regarding the authority citations. First, the authority citation for 
part 401 has been corrected to refer to the amendment made to 
Sec. 401.4 by Sec. 320 of title III of the Bankruptcy Reform Act of 
1978, Public Law 95-598, 92 Stat. 2678. Second, in the authority 
citations for parts 402-405, 408, and 409, a reference to LMRDA section 
207 has been added (along with the appropriate citations to the United 
States Code). Third, the authority citation for part 409 has been 
further corrected to refer to LMRDA section 208 (along with the 
appropriate citation to the United States Code), to refer to the 
amendment made to LMRDA section 211 by section 111(a)(2)(d) of the 
Employee Retirement Income Security Act of 1974, Public Law 93-406, 88 
Stat. 852, and to refer to the appropriate Statutes at Large citations. 
Finally, the authority citation for part 453 has been corrected to 
refer to the amendment made to LMRDA section 502 by Public Law 89-216, 
79 Stat. 888.
    Also, technical changes have been made to the regulations which 
include information collections to refer to the Office of Management 
and Budget (OMB) control numbers in accordance with the Paperwork 
Reduction Act and OMB regulations at 5 CFR 1320.7(e)(2). For parts 402-
406, 408, and 409, a new section has been added to publish the OMB 
control number. For Sec. 458.3, a citation to the OMB control number 
has been added in a parenthetical statement at the end of that 
provision.
    Finally, a correction has been made to section 417.16 to change the 
reference to Sec. 417.2(e) to Sec. 417.2(b).

Publication in Final

    The undersigned has determined that this reorganization and 
amendment of the regulations need not be published as a proposed rule, 
as generally required by the Administrative Procedure Act (APA), 5 
U.S.C. 553; since this rulemaking merely reflects agency organization, 
procedure, and practice, it is exempt under section 553(b)(A) of the 
APA.

Effective Date

    Furthermore, the undersigned has determined that good cause exists 
for waiving the customary requirement for delay in the effective date 
of a final rule for 30 days following its publication since this rule 
is technical and nonsubstantive, and merely reflects agency 
organization, practice, and procedure. Therefore, these amendments 
shall be effective upon publication. See 5 U.S.C. 553(d).

Administrative Requirements

A. Executive Order 12866

    The Department of Labor has determined that this rule is not a 
significant regulatory action as defined in section 3(f) of Executive 
Order 12866 in that it will not (1) have an annual effect on the 
economy of $100 million or more, or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or communities, (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency, 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof, or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866.

B. Regulatory Flexibility Act

    Because a notice of proposed rulemaking is not required for this 
rule under 5 U.S.C. 553(b), the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., pertaining to regulatory 
flexibility analysis do not apply. See 5 U.S.C. 601(2). Therefore, a 
regulatory flexibility analysis is not required.

C. Paperwork Reduction Act

    This rule contains no additional information collection 
requirements. The information collection requirements in the 
regulations to which this rule makes technical amendments have been 
approved by the Office of Management and Budget (OMB control number 
1214-0001).

List of Subjects

29 CFR Parts 401, 417, 451, 452, and 457

    Labor unions.

29 CFR Parts 402, 403, 404, 408, and 458

    Labor unions, Reporting and recordkeeping requirements.

29 CFR 405 and 406

    Labor management relations, Reporting and recordkeeping 
requirements.

29 CFR 409

    Insurance companies, Reporting and recordkeeping requirements.

29 CFR Part 453

    Labor unions, Surety bonds.

Adoption of Amendments of Regulations

    In consideration of the foregoing, the Office of Labor-Management 
Standards, Office of the American Workplace, Department of Labor hereby 
amends chapter IV of title 29 of the Code of Federal Regulations as set 
forth below.

PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER

    1. The authority citation for part 401 is revised to read as set 
forth below:

    Authority: Secs. 3, 208, 301, 401, 402, 73 Stat. 520, 529, 530, 
532, 534 (29 U.S.C. 402, 438, 461, 481, 482); Secretary's Order No. 
2-93 (58 FR 42578); Sec. 401.4 also issued under sec. 320 of Title 
III of the Bankruptcy Reform Act of 1978, Pub. L. 95-598, 92 Stat. 
2678.


Sec. 401.4  [Amended]

    2a. Section 401.4 is amended by removing the authority citation.
    2b. Section 401.18 is revised to read as follows:


Sec. 401.18  Office.

    Office means the Office of Labor-Management Standards, Office of 
the American Workplace, United States Department of Labor.

    3. Section 401.19 is revised to read as follows:


Sec. 401.19  Assistant Secretary.

    Assistant Secretary means the Assistant Secretary of Labor for the 
American Workplace, head of the Office of the American Workplace.

PART 402--LABOR ORGANIZATION INFORMATION REPORTS

    4. The authority citation for part 402 is revised to read as 
follows:

    Authority: Secs. 201, 207, 208, 73 Stat. 524, 529 (29 U.S.C. 
431, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).

    5. A new Sec. 402.13 is added to read as follows:


Sec. 402.13  OMB control number.

    The collecting of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB 
control number 1214-0001.

PART 403--LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS

    6. The authority citation for part 403 is revised to read as 
follows:

    Authority: Secs. 201, 207, 208, 301, 73 Stat. 524, 529, 530 (29 
U.S.C. 431, 437, 438, 461); Secretary's Order No. 2-93 (58 FR 
42578).

    7. A new Sec. 403.11 is added to read as follows:


Sec. 403.11  OMB control number.

    The collecting of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB 
control number 1214-0001.

PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORT

    8. The heading for part 404 is revised to read ``Labor Organization 
Officer and Employee Reports.''
    9. The authority citation for part 404 is revised to read as 
follows:

    Authority: Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C. 
432, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).

    10. A new Sec. 404.9 is added to read as follows:


Sec. 404.9  OMB control number.

    The collecting of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB 
control number 1214-0001.

PART 405--EMPLOYER REPORTS

    11. The authority citation for part 405 is revised to read as 
follows:

    Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C. 
433, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).

    12. A new Sec. 405.11 is added to read as follows:


Sec. 405.11  OMB control number.

    The collecting of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB 
control number 1214-0001.

PART 406--REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER 
PERSONS; CERTAIN AGREEMENTS WITH EMPLOYERS

    13. The authority citation for part 406 is revised to read as 
follows:

    Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C. 
433, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).

    14. A new Sec. 406.10 is added to read as follows:


Sec. 406.10   OMB control number.

    The collecting of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB 
control number 1214-0001.

PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS

    15. The authority citation for part 408 is revised to read as 
follows:

    Authority: Secs. 201, 207, 208, 301, 73 Stat. 524, 529, 530 (29 
U.S.C. 431, 437, 438, 461); Secretary's Order No. 2-93 (58 FR 
42578).

    16. A new Sec. 408.13 is added to read as follows:


Sec. 408.13   OMB control number.

    The collecting of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB 
control number 1214-0001.

PART 409--REPORTS BY SURETY COMPANIES

    17. The authority citation for part 409 is revised to read as 
follows:

    Authority: Secs. 207, 208, 211; 79 Stat. 888; 88 Stat. 852; (29 
U.S.C. 437, 438, 441); Secretary's Order No. 2-93 (58 FR 42578).

    18. A new Sec. 409.7 is added to read as follows:


Sec. 409.7   OMB control number.

    The collecting of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB 
control number 1214-0001.

PART 417--PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION 
OFFICERS

    19. The authority citation for part 417 is revised to read as 
follows:

    Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481, 
482); Secretary's Order No. 2-93 (58 FR 42578).


Sec. 417.16   [Corrected]

    20. Section 417.16 is amended by removing the reference to 
``Sec. 417.2(e)'' and adding, in its place, ``Sec. 417.2(b).''

PART 451--LABOR ORGANIZATIONS AS DEFINED IN THE LABOR-MANAGEMENT 
REPORTING AND DISCLOSURE ACT OF 1959

    21. The authority citation for part 451 is revised to read as 
follows:

    Authority: Secs. 3, 208, 401, 73 Stat. 520, 529, 532 (29 U.S.C. 
402, 438, 481); Secretary's Order No. 2-93 (58 FR 42578).

PART 452--GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF 
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959

    22. The authority citation for part 452 is revised to read as 
follows:

    Authority: Secs. 401, 402, 73 Stat. 532, 534 (29 U.S.C. 481, 
482); Secretary's Order No. 2-93 (58 FR 42578).

PART 453--GENERAL STATEMENT CONCERNING THE BONDING REQUIREMENTS OF 
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959

    23. The authority citation for part 453 is revised to read as 
follows:

    Authority: Sec. 502, 73 Stat. 536; 79 Stat. 888; (29 U.S.C. 
502); Secretary's Order No. 2-93 (58 FR 42578).

PART 457--GENERAL

    24. The authority citation for part 457 continues to read as 
follows:

    Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117.

    25. Section 457.13 and its footnote are revised to read as follows:


Sec. 457.13  Assistant Secretary.

    Assistant Secretary means the Assistant Secretary of Labor for the 
American Workplace.\1\
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    \1\Pursuant to Secretary of Labor's Order No 2-93 (58 FR 42578), 
the Assistant Secretary for the American Workplace has the 
responsibility and authority for implementing the standards of 
conduct provisions of the CSRA and the FSA and the implementing 
regulations.
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    26. Section 457.15 is revised to read as follows:


Sec. 457.15  Regional Director.

    Regional Director means the Director of a regional office within 
the Office of Labor-Management Standards, Office of the American 
Workplace, with geographical boundaries as fixed by the Assistant 
Secretary.
    27. Section 457.16 is revised to read as follows:


Sec. 457.16  Director.

    Director means the Director of the Office of Elections, 
Trusteeships and International Union Audits within the Office of Labor-
Management Standards, Office of the American Workplace.

PART 458--STANDARDS OF CONDUCT

    28. The authority citation for part 458 continues to read as 
follows:

    Authority: 5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107, 
4111, 4117.

    29. Section 458.3 is amended by adding a parenthetical, as follows, 
at the end of the regulatory text:


Sec. 458.3  Application of LMRDA labor organization reporting 
requirement.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1214-0001)


Sec. Sec. 458.50, 458.51, 458.52, 458.56, 458.57, 458.59, 458.60, 
458.61, 458.64, 458.66, 458.67, 458.79  [Amended]

    30. In 29 CFR part 458, remove the words ``Area Administrator'' and 
add, in their place, the words ``Regional Director'' in the following 
places:
    (a) Section 458.50(b);
    (b) Section 458.52;
    (c) Section 458.56;
    (d) Section 458.57;
    (e) Section 458.58;
    (f) Section 458.59;
    (g) Section 458.60;
    (h) Section 458.61;
    (i) Section 458.64(a);
    (j) Section 458.66(b);
    (k) Section 458.66(c) in three places;
    (l) Section 458.67; and
    (m) Section 458.79.

    Signed in Washington, DC, March 23, 1994.
Martin Manley,
Assistant Secretary for the American Workplace.
[FR Doc. 94-7532 Filed 3-30-94; 8:45 am]
BILLING CODE 4510-86-P
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DEPARTMENT OF LABOR
Pension Benefit Guaranty Corporation

29 CFR Part 2676

Valuation of Plan Benefits and Plan Assets Following Mass 
Withdrawal

CFR Correction

    In Title 29 of the Code of Federal Regulations, parts 1927 to end, 
revised as of July 1, 1993, the text for Sec. 2676.13(b)(1) was 
inadvertently omitted.
    On page 933, in the first column, paragraph (b)(1) should read as 
follows:


Sec. 2676.13  [Corrected]

* * * * *
    (b) * * *
    (1) If the payment is not contingent on the survival of any person:


TR31MR94.000


where n = k + j, k is an integer, 0  j <1, v0:0= 1, and 
ik is the interest rate determined under Sec. 2676.15 applicable 
to the year ending on the kth anniversary of the valuation date.
* * * * *

BILLING CODE 1505-01-D