Organization, functions, and authority delegations: management standards— Federal sector labor organizations; conduct standards; technical amendments; correction,

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Federal Register: September 3, 1998 (Volume 63, Number 171)Rules and RegulationsPage 46887-46888From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03se98-13

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The undersigned has determined that this rulemaking need not be published as a proposed rule, as generally required by the Administrative Procedure Act (APA), 5 U.S.C. 553.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. 98-23826Filed9-2-98; 8:45 amBILLING CODE 4510-86-P

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