Technical Amendments of Rules Relating to Labor-Management Standards and Standards of Conduct for Federal Sector Labor Organizations

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.

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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\

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\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.

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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

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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 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