[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Rules and Regulations]
[Pages 16398-16399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8100]



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Part V





Department of Labor





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Employee Benefits Security Administration



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5 CFR Part 5201

29 CFR Part 70, et al.



Technical Amendments Due to Change of Agency Name; Final Rules

  Federal Register / Vol. 68, No. 64 / Thursday, April 3, 2003 / Rules 
and Regulations  

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DEPARTMENT OF LABOR

Office of the Secretary of Labor

5 CFR Part 5201

29 CFR Parts 70 and 71


Technical Amendments Due to Change of Agency Name

AGENCY: Office of the Secretary of Labor, Department of Labor.

ACTION: Final rule.

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SUMMARY: This document revises all references to the Pension and 
Welfare Benefits Administration in 5 CFR part 5201 and in 29 CFR parts 
70 and 71 to reflect the change of that agency's name to the Employee 
Benefits Security Administration. 5 CFR part 5201 contains standards of 
ethical conduct for Department of Labor employees. 29 CFR part 70 
relates to the production or disclosure of information by the 
Department, and 29 CFR part 71 relates to the maintenance of systems of 
records in accordance with the Privacy Act. 5 U.S.C. 552a. All the 
changes made in this rule are strictly technical.

DATES: Effective date: This rule is effective on April 3, 2003.

FOR FURTHER INFORMATION CONTACT: William W. Taylor, Office of the 
Solicitor, Plan Benefits Security Division, U.S. Department of Labor, 
(202) 693-5583. This is not a toll-free number.

SUPPLEMENTARY INFORMATION:

I. Summary of Rule

    On February 3, 2003, the Secretary of Labor published in the 
Federal Register Secretary of Labor's Order No. 1-2003 (68 FR 5374). 
This order renamed the Pension and Welfare Benefits Administration 
(PWBA) as the Employee Benefits Security Administration (EBSA). The 
title, ``Assistant Secretary for Pension and Welfare Benefits'' became 
``Assistant Secretary for Employee Benefits Security.'' All the 
functions formerly carried out by PWBA and this Assistant Secretary 
remain unchanged. As a result of this name change, we are revising all 
references to ``Pension and Welfare Benefits Administration'' that 
appear in these parts. The Department has previously published similar 
amendments to chapter XXV of title 29 of the CFR.

II. Administrative Procedure Act

    Because this regulation merely implements a change in the name of 
government agency and in the titles of certain government officers, it 
relates only to agency organization, procedure or practice; 
requirements for prior notice and public comment do not apply. 5 U.S.C. 
553(b)(3)(A). The limited purpose and effect of this rule also 
justifies the finding for good cause, pursuant to 5 U.S.C. 553(d)(3) 
that the rule should take effect immediately.

III. Paperwork Reduction Act

    This final rule does not include or modify a collection of 
information as defined in 44 U.S.C. 3502(3) of the Paperwork Reduction 
Act of 1995.

IV. Regulatory Flexibility Act

    Because the Department is issuing this rule without a proposal and 
an opportunity for comments, the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) does not apply. In any event, the technical amendments 
made by this regulation will not have a significant impact on a 
substantial number of small entities.

V. Congressional Review Act

    This regulation is a rule of agency organization, procedure or 
practice that does not substantially affect the rights or obligations 
of non-agency parties. It is therefore not subject to the Congressional 
Review Act pursuant to 5 U.S.C. 801 and 804(1).

VI. Executive Order 12866

    We have consulted the Office of Management and Budget and 
determined that this rule does not meet the criteria for a significant 
regulatory action under Executive Order 12866.

VII. Federalism

    This rule does not have Federalism implications under Executive 
Order 13132.

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For the reasons set forth in the preamble, there are amended the 
following parts of the Code of Federal Regulations:
    (a) Part 5201 of Title 5, Code of Federal Regulations (5 CFR part 
5201);
    (b) Part 70 of Title 29, Code of Federal Regulations (29 CFR part 
70); and
    (c) Part 71 of Title 29, Code of Federal Regulations (29 CFR part 
71).

Title 5--Administrative Personnel

PART 5201--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE DEPARTMENT OF LABOR

0
1. The authority citation for part 5201 continues to read as follows:

    Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in 
Government Act); E.O. 12674, 54 FR 15159, 3 CFR 1989 Comp., p. 215, 
as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., 5 CFR 
2635.105, 2635.203(a) , 2635.403(a), 2635.803.


Sec.  5201.102  [Amended]

0
2. In Sec.  5201.102, paragraph (a)(6) is revised to read ``Employee 
Benefits Security Administration (EBSA).''


Sec.  5201.103  [Amended]

0
3. In Sec.  5201.103, paragraph (e) is revised to read ``Employee 
Benefits Security Administration.''

0
4. In Sec.  5201.103, example 2, the term ``Pension and Welfare 
Benefits Administration'' is revised to read ``Employee Benefits 
Security Administration'' and the term ``PWBA'' is revised to read 
``EBSA.''

Title 29--Labor

PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS

0
5. In the table of contents for Part 70, at the reference to Sec.  
70.54, the term ``Pension and Welfare Benefits Administration'' is 
revised to read ``Employee Benefits Security Administration.''


Sec.  70.54  [Amended]

0
6. All references to ``Pension and Welfare Benefits Administration 
Sec.  70.54 are revised to read ``Employee Benefits Security 
Administration.''

Appendix A [Amended]

0
7. Appendix A to part 70 is amended as follows:
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a. In paragraph (a)(13), the term ``Pension and Welfare Benefits 
Administration'' is revised to read ``Employee Benefits Security 
Administration.''
0
b. In paragraph (b)(1), all references to ``Pension and Welfare 
Benefits Administration ``are revised to read ``Employee Benefits 
Security.''

Appendix B [Amended]

0
8. Appendix B to part 70 is amended as follows:
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(a) The term ``Pension and Welfare Benefits'' is revised to read 
``Employee Benefits Security Administration;''
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(b) The term ``PWBA'' is revised to read ``EBSA;'' and
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(c) The name ``June Patron'' is revised to read ``Sharon Watson;''
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(d) The telephone number ``219-6999'' is revised to read ``693-8630.''

PART 71--PROTECTION OF INDIVIDUAL PRIVACY AND ACCESS TO RECORDS 
UNDER PRIVACY ACT OF 1974

0
9. The authority citation for part 71 continues to read as follows:


[[Page 16399]]


    Authority: 5 U.S.C. 301; 5 U.S.C. 552a as amended; 
Reorganization Plan No. 6 of 1950, 5 U.S.C. Appendix.


Sec.  71.50  [Amended]

0
10. In Sec.  71.50, paragraph (a)(7), the term ``DOL/PWBA-2'' is 
revised to read ``DOL/EBSA-2,'' and the term ``Pension and Welfare 
Benefits Administration'' is revised to read ``Employee Benefits 
Security Administration.''


Sec.  71.51  [Amended]

0
11. Sec.71.51, is amended as follows:
0
(a) In paragraph (a)(30), the term ``DOL/PWBA-2'' is revised to read 
``DOL/EBSA-2,'' and the term ``Pension and Welfare Benefits 
Administration (PWBA)'' is amended to read ``Employee Benefits Security 
Administration (EBSA);''
0
(b) In paragraph (a)(31), the term ``DOL/PWBA-7'' is revised to read 
``DOL/EBSA-7'' and the term ``PWBA'' is revised to read ``EBSA;''

Appendix A [Amended]

0
12. In appendix A to part 71, all references to ``Pension and Welfare 
Benefits Administration'' are revised to read ``Employee Benefits 
Security Administration.''

    Signed at Washington, DC this 28th day of March, 2003.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 03-8100 Filed 4-2-03; 8:45 am]
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