Technical Amendments of Rules Relating to Labor-Management
Standards and Standards of Conduct for Federal Sector Labor
Organizations; Correction [09/03/1998]
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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.
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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The undersigned has determined that this rulemaking need not be
published as a proposed rule, as generally required by the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]
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