[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7532]
[[Page Unknown]]
[Federal Register: March 31, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of Labor-Management Standards
29 CFR Parts 401-406, 408, 409, 417, 451-453, 457 and 458
RIN 1294-AA11
Technical Amendments of Rules Relating to Labor-Management
Standards and Standards of Conduct for Federal Sector Labor
Organizations
AGENCY: Office of Labor-Management Standards, Office of the American
Workplace, Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes a number of technical amendments to
chapter IV of the Department of Labor's regulations. These changes are
necessary because of a reorganization within the Department which
established the Office of the American Workplace (OAW) and transferred
the Office of Labor-Management Standards to OAW. This document also
makes other technical corrections.
EFFECTIVE DATE: March 31, 1994.
FOR FURTHER INFORMATION CONTACT: Kay H. Oshel, Chief, Division of
Interpretations and Standards, Office of Labor-Management Standards,
Office of the American Workplace, U.S. Department of Labor, room N-
5605, Washington, DC 20210, (202) 219-7373 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: Secretary's Order No. 2-93, dated July 21,
1993 (published August 10, 1993, 58 FR 42578), established the Office
of the American Workplace (OAW) headed by the Assistant Secretary for
the American Workplace, and transferred the Office of Labor-Management
Standards (OLMS) to OAW to assist the Assistant Secretary in carrying
out the responsibilities assigned to him in connection with the Labor-
Management Reporting and Disclosure Act of 1959, as amended (LMRDA), 29
U.S.C. 401 et seq.; section 1209 of the Postal Reorganization Act of
1970, 39 U.S.C. 1209; and the provisions relating to standards of
conduct for labor organizations in the Civil Service Reform Act of 1978
(CSRA), 5 U.S.C. 7120, and the Foreign Service Act of 1980 (FSA), 22
U.S.C. 4117. OLMS is now an office within OAW headed by the Deputy
Assistant Secretary for Labor-Management Standards.
As a result of this reorganization, it is necessary to make a
number of technical amendments to the Department's regulations.
First, the authority citation for each part in chapter IV of title
29 of the Code of Federal Regulations is amended to replace
``Secretary's Order No. 3-84 (49 FR 20578)'' with ``Secretary's Order
No. 2-93 (58 FR 42578).'' Second, the definition of ``Assistant
Secretary'' is changed from ``Assistant Secretary for Labor-Management
Standards'' to ``Assistant Secretary for the American Workplace.''
Third, the definition of ``Office of Labor-Management Standards'' is
revised to state that it is part of the Office of the American
Workplace. Fourth, references to OLMS ``Area Administrators'' are
changed to ``Regional Directors'' to reflect the change in the title of
those positions. Finally, the definitions of ``Regional Director'' and
``Director'' are revised to add a reference to the Office of the
American Workplace.
In addition, a number of technical corrections have been made
regarding the authority citations. First, the authority citation for
part 401 has been corrected to refer to the amendment made to
Sec. 401.4 by Sec. 320 of title III of the Bankruptcy Reform Act of
1978, Public Law 95-598, 92 Stat. 2678. Second, in the authority
citations for parts 402-405, 408, and 409, a reference to LMRDA section
207 has been added (along with the appropriate citations to the United
States Code). Third, the authority citation for part 409 has been
further corrected to refer to LMRDA section 208 (along with the
appropriate citation to the United States Code), to refer to the
amendment made to LMRDA section 211 by section 111(a)(2)(d) of the
Employee Retirement Income Security Act of 1974, Public Law 93-406, 88
Stat. 852, and to refer to the appropriate Statutes at Large citations.
Finally, the authority citation for part 453 has been corrected to
refer to the amendment made to LMRDA section 502 by Public Law 89-216,
79 Stat. 888.
Also, technical changes have been made to the regulations which
include information collections to refer to the Office of Management
and Budget (OMB) control numbers in accordance with the Paperwork
Reduction Act and OMB regulations at 5 CFR 1320.7(e)(2). For parts 402-
406, 408, and 409, a new section has been added to publish the OMB
control number. For Sec. 458.3, a citation to the OMB control number
has been added in a parenthetical statement at the end of that
provision.
Finally, a correction has been made to section 417.16 to change the
reference to Sec. 417.2(e) to Sec. 417.2(b).
Publication in Final
The undersigned has determined that this reorganization and
amendment of the regulations need not be published as a proposed rule,
as generally required by the Administrative Procedure Act (APA), 5
U.S.C. 553; since this rulemaking merely reflects agency organization,
procedure, and practice, it is exempt under section 553(b)(A) of the
APA.
Effective Date
Furthermore, 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, and merely reflects agency
organization, practice, and procedure. 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
1214-0001).
List of Subjects
29 CFR Parts 401, 417, 451, 452, and 457
Labor unions.
29 CFR Parts 402, 403, 404, 408, and 458
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.
Adoption of Amendments of Regulations
In consideration of the foregoing, the Office of Labor-Management
Standards, Office of the American Workplace, Department of Labor hereby
amends chapter IV of title 29 of the Code of Federal Regulations as set
forth below.
PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER
1. The authority citation for part 401 is revised to read as set
forth below:
Authority: Secs. 3, 208, 301, 401, 402, 73 Stat. 520, 529, 530,
532, 534 (29 U.S.C. 402, 438, 461, 481, 482); Secretary's Order No.
2-93 (58 FR 42578); Sec. 401.4 also issued under sec. 320 of Title
III of the Bankruptcy Reform Act of 1978, Pub. L. 95-598, 92 Stat.
2678.
Sec. 401.4 [Amended]
2a. Section 401.4 is amended by removing the authority citation.
2b. Section 401.18 is revised to read as follows:
Sec. 401.18 Office.
Office means the Office of Labor-Management Standards, Office of
the American Workplace, United States Department of Labor.
3. Section 401.19 is revised to read as follows:
Sec. 401.19 Assistant Secretary.
Assistant Secretary means the Assistant Secretary of Labor for the
American Workplace, head of the Office of the American Workplace.
PART 402--LABOR ORGANIZATION INFORMATION REPORTS
4. The authority citation for part 402 is revised to read as
follows:
Authority: Secs. 201, 207, 208, 73 Stat. 524, 529 (29 U.S.C.
431, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).
5. A new Sec. 402.13 is added to read as follows:
Sec. 402.13 OMB control number.
The collecting of information requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 1214-0001.
PART 403--LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS
6. The authority citation for part 403 is revised 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. 2-93 (58 FR
42578).
7. A new Sec. 403.11 is added to read as follows:
Sec. 403.11 OMB control number.
The collecting of information requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 1214-0001.
PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORT
8. The heading for part 404 is revised to read ``Labor Organization
Officer and Employee Reports.''
9. The authority citation for part 404 is revised to read as
follows:
Authority: Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C.
432, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).
10. A new Sec. 404.9 is added to read as follows:
Sec. 404.9 OMB control number.
The collecting of information requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 1214-0001.
PART 405--EMPLOYER REPORTS
11. The authority citation for part 405 is revised to read as
follows:
Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C.
433, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).
12. A new Sec. 405.11 is added to read as follows:
Sec. 405.11 OMB control number.
The collecting of information requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 1214-0001.
PART 406--REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER
PERSONS; CERTAIN AGREEMENTS WITH EMPLOYERS
13. The authority citation for part 406 is revised to read as
follows:
Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C.
433, 437, 438); Secretary's Order No. 2-93 (58 FR 42578).
14. A new Sec. 406.10 is added to read as follows:
Sec. 406.10 OMB control number.
The collecting of information requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 1214-0001.
PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS
15. The authority citation for part 408 is revised 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. 2-93 (58 FR
42578).
16. A new Sec. 408.13 is added to read as follows:
Sec. 408.13 OMB control number.
The collecting of information requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 1214-0001.
PART 409--REPORTS BY SURETY COMPANIES
17. The authority citation for part 409 is revised 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. 2-93 (58 FR 42578).
18. A new Sec. 409.7 is added to read as follows:
Sec. 409.7 OMB control number.
The collecting of information requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 1214-0001.
PART 417--PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION
OFFICERS
19. The authority citation for part 417 is revised to read as
follows:
Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481,
482); Secretary's Order No. 2-93 (58 FR 42578).
Sec. 417.16 [Corrected]
20. Section 417.16 is amended by removing the reference to
``Sec. 417.2(e)'' and adding, in its place, ``Sec. 417.2(b).''
PART 451--LABOR ORGANIZATIONS AS DEFINED IN THE LABOR-MANAGEMENT
REPORTING AND DISCLOSURE ACT OF 1959
21. The authority citation for part 451 is revised to read as
follows:
Authority: Secs. 3, 208, 401, 73 Stat. 520, 529, 532 (29 U.S.C.
402, 438, 481); Secretary's Order No. 2-93 (58 FR 42578).
PART 452--GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
22. The authority citation for part 452 is revised to read as
follows:
Authority: Secs. 401, 402, 73 Stat. 532, 534 (29 U.S.C. 481,
482); Secretary's Order No. 2-93 (58 FR 42578).
PART 453--GENERAL STATEMENT CONCERNING THE BONDING REQUIREMENTS OF
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
23. The authority citation for part 453 is revised to read as
follows:
Authority: Sec. 502, 73 Stat. 536; 79 Stat. 888; (29 U.S.C.
502); Secretary's Order No. 2-93 (58 FR 42578).
PART 457--GENERAL
24. The authority citation for part 457 continues to read as
follows:
Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117.
25. Section 457.13 and its footnote are revised to read as follows:
Sec. 457.13 Assistant Secretary.
Assistant Secretary means the Assistant Secretary of Labor for the
American Workplace.\1\
---------------------------------------------------------------------------
\1\Pursuant to Secretary of Labor's Order No 2-93 (58 FR 42578),
the Assistant Secretary for the American Workplace has the
responsibility and authority for implementing the standards of
conduct provisions of the CSRA and the FSA and the implementing
regulations.
---------------------------------------------------------------------------
26. Section 457.15 is revised to read as follows:
Sec. 457.15 Regional Director.
Regional Director means the Director of a regional office within
the Office of Labor-Management Standards, Office of the American
Workplace, with geographical boundaries as fixed by the Assistant
Secretary.
27. Section 457.16 is revised to read as follows:
Sec. 457.16 Director.
Director means the Director of the Office of Elections,
Trusteeships and International Union Audits within the Office of Labor-
Management Standards, Office of the American Workplace.
PART 458--STANDARDS OF CONDUCT
28. 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.
29. Section 458.3 is amended by adding a parenthetical, as follows,
at the end of the regulatory text:
Sec. 458.3 Application of LMRDA labor organization reporting
requirement.
* * * * *
(Approved by the Office of Management and Budget under control
number 1214-0001)
Sec. Sec. 458.50, 458.51, 458.52, 458.56, 458.57, 458.59, 458.60,
458.61, 458.64, 458.66, 458.67, 458.79 [Amended]
30. In 29 CFR part 458, remove the words ``Area Administrator'' and
add, in their place, the words ``Regional Director'' in the following
places:
(a) Section 458.50(b);
(b) Section 458.52;
(c) Section 458.56;
(d) Section 458.57;
(e) Section 458.58;
(f) Section 458.59;
(g) Section 458.60;
(h) Section 458.61;
(i) Section 458.64(a);
(j) Section 458.66(b);
(k) Section 458.66(c) in three places;
(l) Section 458.67; and
(m) Section 458.79.
Signed in Washington, DC, March 23, 1994.
Martin Manley,
Assistant Secretary for the American Workplace.
[FR Doc. 94-7532 Filed 3-30-94; 8:45 am]
BILLING CODE 4510-86-P
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Pension Benefit Guaranty Corporation
29 CFR Part 2676
Valuation of Plan Benefits and Plan Assets Following Mass
Withdrawal
CFR Correction
In Title 29 of the Code of Federal Regulations, parts 1927 to end,
revised as of July 1, 1993, the text for Sec. 2676.13(b)(1) was
inadvertently omitted.
On page 933, in the first column, paragraph (b)(1) should read as
follows:
Sec. 2676.13 [Corrected]
* * * * *
(b) * * *
(1) If the payment is not contingent on the survival of any person:
TR31MR94.000
where n = k + j, k is an integer, 0 j <1,>0:0= 1, and
ik is the interest rate determined under Sec. 2676.15 applicable
to the year ending on the kth anniversary of the valuation date.
* * * * *
BILLING CODE 1505-01-D
