33778 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

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.

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

§ 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).

§ 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).

§ 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).

§ 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).

§ 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:

§ 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 § 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).

§ 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 § 417.2, paragraph (a) is revised

to read as follows:

§ 417.2 Definitions.

(a) ‘‘Chief, DOE’’ means the Chief of

the Division of Enforcement within the

Office of Labor-Management Standards,

Employment Standards Administration.

* * * * *

§ 417.7 [Amended]

18. Section 417.7 is amended by

changing ‘‘29 CFR 70.62’’ to ‘‘part 70 of

this title.’’

§ 417.21 [Amended]

19. Section 417.21 is amended by

changing ‘‘29 CFR 70.62’’ to ‘‘part 70 of

this title.’’

§ 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 LABORMANAGEMENT REPORTING AND

DISCLOSURE ACT OF 1959

21. The authority citation for part 452

continues to read as follows:
33780 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

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).

§ 452.2 [Amended]

22. Section 452.2 is amended by

changing the words ‘‘the title’’ to ‘‘title

IV.’’

§ 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).’’

§ 452.12 [Amended]

24. Section 452.12 is amended by

changing the last word in footnote 13

from ‘‘title’’ to ‘‘chapter.’’

§ 452.77 [Amended]

25. Section 452.77 is amended by

changing the word ‘‘rules’’ to ‘‘ruled’’ in

the second sentence.

§ 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 LABORMANAGEMENT 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.’’

§ 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:

§ 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:

§ 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).

§ 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.’’

§ 458.33 [Amended]

35. Section 458.53 is amended by

changing the words ‘‘area office’’ to

‘‘district office.’’

§ 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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