[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Rules and Regulations]
[Pages 33778-33780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16276]



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Part III





Department of Labor





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29 CFR Parts 402 et al.



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

  Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 / Rules 
and Regulations  

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DEPARTMENT OF LABOR

29 CFR Parts 402, 403, 404, 406, 408, 409, 417, 452, 453, 457, and 
458

RIN 1215-AB22


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

AGENCY: Office of Labor-Management Standards, Employment Standards 
Administration, Labor.

ACTION: Final rule.

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SUMMARY: This document makes a number of technical amendments to the 
Department of Labor's regulations at Chapter IV of title 29 of the Code 
of Federal Regulations. These amendments are necessary to ensure that 
the regulations conform to prior regulatory revisions and 
organizational changes, and to correct typographical and other errors.

EFFECTIVE DATE: June 19, 1998.

FOR FURTHER INFORMATION CONTACT: Kay H. Oshel, Chief, Division of 
Interpretations and Standards, Office of Labor-Management Standards, 
Employment Standards Administration, U.S. Department of Labor, Room N-
5605, Washington, D.C. 20210, (202) 219-7373 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION: Chapter IV of title 29 of the Code of 
Federal Regulations contains the regulations implementing the Labor-
Management Reporting and Disclosure Act of 1959, as amended (LMRDA) and 
the standards of conduct for federal sector labor organizations. An 
internal review of Chapter IV disclosed the need to make a number of 
technical corrections and amendments to the regulations.
    First, section 408.6 is amended to delete the reference to Form LM-
1A. That reporting form had previously been used by unions to disclose 
changes in their constitution and bylaws and changes to the information 
reported on Form LM-1. Form LM-1A was eliminated in the final rule 
published in the Federal Register on December 21, 1993, 58 FR 67594, 
67599. However, that final rule inadvertently neglected to revise 
section 408.6 to eliminate the reference to Form LM-1A.
    Second, due to a reorganization in the Department of Labor pursuant 
to Secretary's Order No. 5-96 (62 FR 107), the Office of Management and 
Budget (OMB) assigned new control numbers approving the reporting forms 
required by the LMRDA and the standards of conduct regulations. 
Accordingly, the regulations are amended to cite the new OMB control 
numbers.
    Third, sections 417.2(a), 457.15, and 457.16, which define 
positions in the Office of Labor-Management Standards (OLMS), are 
amended to clarify that OLMS is a unit within the Employment Standards 
Administration pursuant to the reorganization established in 
Secretary's Order No. 5-96 (62 FR 107).
    Fourth, sections 458.53 and 458.85 are amended to change the words 
``area office'' to ``district office.'' This revision is necessary 
because of a reorganization within OLMS which changed the name of its 
field offices.
    Fifth, section 417.7, 417.21, and 458.85, which deal with obtaining 
transcripts for hearings before an administrative law judge, are 
amended to change the reference to ``29 CFR 70.62'' to ``part 70 of 
this title.'' The Department amended 29 CFR part 70 in a final rule 
published on May 30, 1989, 54 FR 23144, and section 70.62 no longer 
exists.
    The other revisions in this final rule correct typographical and 
grammatical errors and make minor stylistic changes.

Publication in Final

    The undersigned has determined that this rulemaking need not be 
published as a proposed rule, as generally required by the 
Administrative Procedure Act (APA), 5 U.S.C. 553. The portion of this 
rulemaking that reflects agency organization, procedure, and practice 
is exempt under section 553(b)(A) of the APA. For the portion of this 
rulemaking that makes technical amendments and corrections, there is 
good cause for finding that notice and public procedure is unnecessary 
and contrary to the public interest, pursuant to section 553(b)(B) of 
the APA.

Effective Date

    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, merely reflects agency organization, practice, and 
procedure, and makes amendments required by statute and technical 
amendments and corrections. 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 
1215-0188).

D. Small Business Regulatory Enforcement Fairness Act

    The Department has determined that this final rule is not a ``major 
rule'' requiring prior approval by the Congress and the President 
pursuant to the Small Business Regulatory Enforcement Fairness Act of 
1996 (5 U.S.C. 804), because it is not likely to result in (1) an 
annual effect on the economy of $100 million or more, (2) a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions, or 
(3) significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.
    Further, since the Department has determined, for good cause, that 
publication of a proposed rule and solicitation of comments on this 
rule is not necessary, under 5 U.S.C. 808(2), this final rule is 
effective immediately

[[Page 33779]]

upon publication as stated previously in this notice.

E. Unfunded Mandates Reform Act

    For purposes of Section 2 of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1532, as well as Executive Order 12875 (58 FR 58093, 
October 28, 1993), this rule does not include any federal mandate that 
may result in increased expenditures by State, local and tribal 
governments, or increased expenditures by the private sector of more 
than $100 million.

List of Subjects

29 CFR Parts 417 and 452

    Labor unions.

29 CFR Parts 402, 403, 404, and 408

    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.

29 CFR Parts 457 and 458

    Administrative practice and procedure, Labor unions, Reporting and 
recordkeeping requirements.

Adoption of Amendments of Regulations

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

CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR

PART 402--LABOR ORGANIZATION INFORMATION REPORTS

    1-2. The authority citation for part 402 continues to read as 
follows:

    Authority: Secs. 201, 207, 208, 73 Stat. 524, 529 (29 U.S.C. 
431, 437, 438); Secretary's Order No. 5-96 (62 FR 107, January 2, 
1997).


Sec. 402.13  [Amended]

    3. Section 402.13 is amended by changing the OMB control number at 
the end of the section to ``1215-0188.''

PART 403--LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS

    4. The authority citation for part 403 continues 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. 5-96 (62 FR 107, 
January 2, 1997).


Sec. 403.11  [Amended]

    5. Section 403.11 is amended by changing the OMB control number at 
the end of the section to ``1215-0188.''

PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS

    6. The authority citation for part 404 continues to read as 
follows:

    Authority: Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C. 
432, 437, 438); Secretary's Order No. 5-96 (62 FR 107, January 2, 
1997).


Sec. 404.9  [Amended]

    7. Section 404.9 is amended by changing the OMB control number at 
the end of the section to ``1215-0188.''

PART 405--EMPLOYER REPORTS

    8. The authority citation for part 405 continues to read as 
follows:

    Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C. 
433, 437, 438); Secretary's Order No. 5-96 (62 FR 107, January 2, 
1997).


Sec. 405.11  [Amended]

    9. Section 405.11 is amended by changing the OMB control number at 
the end of the section to ``1215-0188.''

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

    10. The authority citation for part 406 continues to read as 
follows:

    Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C. 
433, 437, 438); Secretary's Order No. 5-96 (62 FR 107, January 2, 
1997).


Sec. 406.1  [Amended]

    11. Section 406.1(b) is amended by changing the word ``designated'' 
in the second sentence to ``designates.''

PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS

    12. The authority citation for part 408 continues 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. 5-96 (62 FR 107, 
January 2, 1997).

    13. Section 408.6 is revised to read as follows:


Sec. 408.6  Amendments to the Labor Organization Information Report 
filed by or on behalf of the subordinate labor organization.

    During the continuance of a trusteeship, the labor organization 
which has assumed trusteeship over a subordinate labor organization 
shall file with the Office of Labor-Management Standards on behalf of 
the subordinate labor organization any change in the information 
required by part 402 of this chapter in accordance with the procedure 
set out in Sec. 402.4.

PART 409--REPORTS BY SURETY COMPANIES

    14. The authority citation for part 409 continues 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. 5-96 (62 FR 107, 
January 2, 1997).


Sec. 409.7  [Amended]

    15. Section 409.7 is amended by changing the OMB control number at 
the end of the section to ``1215-0188.''

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

    16. The authority citation for part 417 continues to read as 
follows:

    Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481, 
482); Secretary's Order No. 5-96 (62 FR 107, January 2, 1997).
    17. In Sec. 417.2, paragraph (a) is revised to read as follows:


Sec. 417.2  Definitions.

    (a) ``Chief, DOE'' means the Chief of the Division of Enforcement 
within the Office of Labor-Management Standards, Employment Standards 
Administration.
* * * * *


Sec. 417.7  [Amended]

    18. Section 417.7 is amended by changing ``29 CFR 70.62'' to ``part 
70 of this title.''


Sec. 417.21  [Amended]

    19. Section 417.21 is amended by changing ``29 CFR 70.62'' to 
``part 70 of this title.''


Sec. 417.22  [Amended]

    20. The heading for section 417.22 is amended by changing the word 
``organizations'' to ``organization.''

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

    21. The authority citation for part 452 continues to read as 
follows:


[[Page 33780]]


    Authority: Secs. 401, 402, 73 Stat. 532, 534 (29 U.S.C. 481, 
482); Secretary's Order No. 5-96 (62 FR 107, January 2, 1997).


Sec. 452.2  [Amended]

    22. Section 452.2 is amended by changing the words ``the title'' to 
``title IV.''


Sec. 452.5  [Amended]

    23. Section 452.5 is amended by changing the parenthetical at the 
end of footnote 6 from ``(1966)'' to ``(S.D.N.Y 1966).''


Sec. 452.12  [Amended]

    24. Section 452.12 is amended by changing the last word in footnote 
13 from ``title'' to ``chapter.''


Sec. 452.77  [Amended]

    25. Section 452.77 is amended by changing the word ``rules'' to 
``ruled'' in the second sentence.


Sec. 452.99  [Amended]

    26. Section 452.99 is amended by changing the word ``residents'' to 
``residence'' in the second to last sentence.

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

    27. The authority citation for part 453 continues to read as 
follows:

    Authority: Sec. 502, 73 Stat. 536; 79 Stat. 888 (29 U.S.C. 502); 
Secretary's Order No. 5-96 (62 FR 107, January 2, 1997).

    28. The centered heading before section 453.2 is amended by 
removing the number ``1'' after the word ``BONDED.''


Sec. 453.21  [Amended]

    29. Section 453.21(a) is amended by changing the word ``is,'' which 
appears in the third sentence after the words ``It appears, therefore, 
that,'' to ``it.''

PART 457--GENERAL

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

    Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117; 2 U.S.C. 
1351(a)(1); Secretary's Order No. 5-96 (62 FR 107, January 2, 1997).

    31. Section 457.15 is revised to read as follows:


Sec. 457.15  District Director.

    District Director means the Director of a district office within 
the Office of Labor-Management Standards, Employment Standards 
Administration.
    32. Section 457.16 is revised to read as follows:


Sec. 457.16  Chief, DOE.

    Chief, DOE means the Chief of the Division of Enforcement within 
the Office of Labor-Management Standards, Employment Standards 
Administration.

PART 458--STANDARDS OF CONDUCT

    33. 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; 2 U.S.C. 1351(a)(1); Secretary's Order No. 5-96 (62 FR 
107, January 2, 1997).


Sec. 458.3  [Amended]

    34. Section 458.3 is amended by changing the OMB control number in 
the parenthetical statement after the text to ``1215-0188.''


Sec. 458.33  [Amended]

    35. Section 458.53 is amended by changing the words ``area office'' 
to ``district office.''


Sec. 458.85  [Amended]

    36. Section 458.85 is amended by changing the words ``Area Office'' 
to ``district office.''
    37. Section 458.85 is further amended by changing ``29 CFR 
70.62(c)'' to ``part 70 of this title.''

    Signed in Washington, D.C. this 12th day of June, 1998.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
[FR Doc. 98-16276 Filed 6-18-98; 8:45 am]
BILLING CODE 4510-86-P