[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]
[[Page 33777]]
_______________________________________________________________________
Part III
Department of Labor
_______________________________________________________________________
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
[[Page 33778]]
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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]
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