21140 Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Rules and Regulations

Information Act, Government in the

Sunshine Act, and the Privacy Act.

Dated: April 5, 2000.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order No. 793–78, 28 CFR part 16 is

amended as follows:

PART 16—[AMENDED]

1. The authority for part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717, 9701.

2. 28 CFR 16.99 is amended by adding

paragraphs (m) and (n) to read as

follows:

§ 16.99 Exemption of the Immigration and

Naturalization Service Systems limited

access.

* * * * *

(m) The Worksite Enforcement

Activity and Records Index (LYNX)

(JUSTICE/INS–025) system of records is

exempt under the provisions of 5 U.S.C.

552a (j)(2) from subsections (c)(3) and

(4); (d); (e)(1), (2), (3), (5), and (8); and

(g); but only to the extent that this

system contains records within the

scope of subsection (j)(2), and to the

extent that records in this system are

subject to exemption therefrom. In

addition, this system of records is also

exempt in part under the provisions of

5 U.S.C. 552a(k)(2) from subsections

(c)(3); (d); and (e)(1), but only to the

extent that this system contains records

within the scope of subsection (k)(2),

and to the extent that records in this

system are subject to exemption

therefrom.

(n) The following justifications apply

to the exemptions from particular

subsections:

(1) From subsection (c)(3) for reasons

started in paragraph (h)(1) of this

section.

(2) From subsection (c)(4) for reasons

stated in paragraph (h)(2) of this section.

(3) From the access and amendment

provisions of subsection (d) for reasons

sated in paragraph (h)(3) of this section.

(4) From subsection (e)(1) for reasons

stated in paragraph (h)(4) of this section.

(5) From subsection (e)(2) for reasons

stated in paragraph (h)(5) of this section.

(6) From subsection (e)(3) for reasons

stated in paragraph (h)(6) of this section.

(7) From subsection (e)(5) for reasons

stated in paragraph (h)(7) of this section.

(8) From subsection (e)(8) for reasons

stated in paragraph (h)(8) of this section.

(9) From subsection (g) to the extent

that the system is exempt from the

access and amendment provisions of

subsection (d).

[FR Doc. 00–9745 Filed 4–19–00; 8:45 am]

BILLING CODE 4410–CJ–M

DEPARTMENT OF LABOR

Office of Labor-Management

Standards

29 CFR Part 403

RIN 1215–AB29

Labor Organization Annual Financial

Reports

AGENCY: Office of Labor-Management

Standards, Employment Standards

Administration, Labor.

ACTION: Final rule; correction.

SUMMARY: This document contains

corrections to information contained in

the final rule published on December

21, 1999 (64 FR 71622). That final rule

made several technical changes to the

annual financial reporting forms filed by

labor organizations and to the

Department of Labor’s regulations in

which the reporting forms are

prescribed.

EFFECTIVE DATE: January 1, 2000.

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, DC 20210, (202) 693–

0123 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The final

rule that is the subject of this correction

made a number of minor and technical

changes to the annual financial

reporting forms filed by labor

organizations under the LaborManagement Reporting and Disclosure

Act of 1959, as amended (Forms LM–2,

LM–3, and LM–4), and to the

regulations in which the reporting forms

are prescribed, 29 CFR part 403. The

annual financial reports are also filed by

federal sector labor organizations

pursuant to the regulations

implementing the standards of conduct

provisions of the Civil Service Reform

Act of 1978, 5 U.S.C. 7120, and the

Foreign Service Act of 1980, 22 U.S.C.

1017. The purposes of the final rule

were to (1) give notice that the

Department has redesigned the

reporting forms so that they can be

optically scanned and made available

on the Internet, and (2) revise the

Department’s regulations accordingly.

Two inadvertent errors were made in

the ‘‘Supplementary Information’’

portion of the final rule of December 21,

1999. First, in describing the impact of

the effective date of January 1, 2000 on

the reporting requirements, it was

incorrectly stated (on page 71623, in the

first paragraph of the first column) that

‘‘labor organizations will file the new

reporting forms and format for fiscal

years beginning on and after January 1,

2000.’’ However, the effective date of

January 1, 2000 means that the newly

redesigned reporting forms are to be

used by labor organizations for fiscal

years ending on and after January 1,

2000 rather than for fiscal years

beginning on and after January 1, 2000.

Thus, for example, for a labor

organization whose fiscal year ends

March 31, 2000, the annual financial

report is due 90 days thereafter (June 29,

2000) using the newly redesigned

reporting forms.

The second inadvertent error in the

‘‘Supplementary Information’’ portion

of the final rule is that the number of

pages in the old and the redesigned

Form LM–3 were incorrectly stated (on

page 71622, in the second full paragraph

of the second column). Form LM–3 had

been two pages (not four), and is now

four pages (not eight).

There were also two errors in the text

of the revised regulation, 29 CFR

403.4(b), which deals with the

simplified format which a parent body

may use to fulfill the reporting

obligation of its subordinate local labor

organizations which have no assets,

liabilities, receipts, or disbursements.

On page 71624, in the third line of the

penultimate paragraph of the second

column, the reference to ‘‘29 CFR

403.4(b)(3) (i)–(vi)’’ should have been to

‘‘29 CFR 403.4(b)(3) (i)–(v)’’. Finally, in

the ninth line of that paragraph the

word ‘‘and’’ should have been inserted

before ‘‘(v)’’.

Need for Correction

As published, the final rule

inadvertently contains incorrect

information which needs to be

corrected.

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. This rulemaking

makes technical and nonsubstantive

corrections and imposes no additional

burden on the public. Consequently,

there is good cause for finding that

notice and public procedure is

unnecessary and contrary to the public

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Rules and Regulations 21141

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

makes technical and minor corrections

to a final rule which is already in effect.

See 5 U.S.C. 553(d). Therefore, this final

rule correction is effective on the same

date as the final rule which is being

corrected, January 1, 2000.

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 corrections 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 as of the date

of the final rule which is being

corrected, January 1, 2000, 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.

F. Federalism

The Department has reviewed this

rule in accordance with Executive Order

13132 regarding federalism, and has

determined that it does not have

‘‘federalism implications.’’ The rule

does not ‘‘have substantial direct effects

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

List of Subjects in 29 CFR Part 403

Labor unions, Reporting and

recordkeeping requirements.

Correction of Publication

Accordingly, the publication on

December 21, 1999 of the final rule

which was the subject of FR Doc. 99–

33044, is corrected as follows:

1. On page 71622, in the second full

paragraph that begins in the second

column, the phrase ‘‘eight pages instead

of four for Form LM–3’’ is corrected to

read ‘‘four pages instead of two for Form

LM–3.’’

2. On page 71623, in the first

paragraph of the first column, the

phrase ‘‘labor organizations will file the

new reporting forms and format for

fiscal years beginning on and after

January 1, 2000’’ is corrected to read

‘‘labor organizations will file the new

reporting forms and format for fiscal

years ending on and after January 1,

2000.’’

§ 403.4 [Corrected]

3. On page 71624, in the second

column, in the third line of the

paragraph which begins ‘‘Each

document attached * * *’’, the

reference to ‘‘29 CFR 403.4(b)(3) (i)–

(vi)’’ is corrected to read ‘‘29 CFR

403.4(b)(3) (i)–(v)’’.

4. On page 71624, in the second

column, in the ninth line of the

paragraph which begins ‘‘Each

document attached * * *’’, the word

‘‘and’’ is inserted after ‘‘period;’’ and

before ‘‘(v)’’.

Signed in Washington, DC this 14th day of

April, 2000.

Bernard E. Anderson,

Assistant Secretary for Employment

Standards.

[FR Doc. 00–9911 Filed 4–19–00; 8:45 am]

BILLING CODE 4510–46–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD–00–119]

RIN 2115–AE46

Special Local Regulation: Harvard-Yale

Regatta, Thames River, New London,

CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice puts into effect

the permanent regulations for the

annual Harvard-Yale Regatta, a rowing

competition held on the Thames River

in New London, CT. The regulation is

necessary to control vessel traffic within

the immediate vicinity of the event due

to the confined nature of the waterway

and anticipated congesttion at the time

of the event, thus providing for the

safety of life and property on the

affected navigable waters.

DATE: The regulations in 33 CFR 100.101

are effective on June 10, 2000, from 2:30

p.m. to 8 p.m. If the regatta is cancelled

due to weather, this section will be in

effect on the following day, Sunday June

11, 2000, from 2:30 p.m. to 8 p.m.

FOR FURTHER INFORMATION CONTACT:

Petty Officer William M. Anderson,

Office of Search and Rescue, First Coast

Guard District, (617) 223–8460.