[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46887-46888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23826]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of Labor-Management Standards

29 CFR Parts 406, 408

RIN 1215-AB22


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

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

ACTION: Final Rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final rule published 
on June 19, 1998 (63 FR 33778). That rule, which made a number of 
technical amendments to the Department of Labor's regulations at 
Chapter IV of title 29 of the Code of Federal Regulations, 
inadvertently omitted two necessary amendments.

EFFECTIVE DATE: September 3, 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:

Background

    The final rule that is the subject of this correction made a number 
of technical corrections and amendments to 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. Several of these amendments relate to new control 
numbers assigned by the Office of Management and Budget (OMB) approving 
the reporting forms required by the LMRDA and the standards of conduct 
regulations. New numbers were assigned because of a reorganization in 
the Department of Labor pursuant to Secretary's Order No. 5-96, 
(February 10, 1997, 62 FR 107). However, the final rule inadvertently 
omitted amendments to two provisions in which the old control numbers 
appear.

Need for Correction

    As published, the final rule contains errors which are in need of 
correction.

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    The undersigned has determined that this rulemaking need not be 
published as a proposed rule, as generally required by the 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

[[Page 46888]]

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 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 Part 406

    Labor management relations, Reporting and recordkeeping 
requirements.

29 CFR Part 408

    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 Parts 406 and 408 of title 29 of the Code of Federal 
Regulations as set forth below.

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

    1. 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. 406.10  [Corrected]

    2. Section 406.10 is corrected by changing the OMB control number 
at the end of the section to ``1215-0188.''

PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS

    3. 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).

Sec. 408.13  [Corrected]

    4. Section 408.13 is amended by changing the OMB control number at 
the end of the section to ``1215-0188.''

    Signed in Washington, D.C. this 24th day of August, 1998.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
[FR Doc. 98-23826 Filed 9-2-98; 8:45 am]
BILLING CODE 4510-86-P