Reorganization and Delegation of Authority; Technical Amendments, 8022-8027 [2013-01020]
Download as PDF
<![CDATA[
erowe on DSK2VPTVN1PROD with RULES
8022
Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Rules and Regulations
Brown-Johnson county boundary line to
its intersection with the BrownBartholomew county boundary line;
then
(9) Proceed south-southeasterly in a
straight line to the intersection of State
Road 46 and a road locally known as N.
County Club Road, approximately 1
mile north of Harrison Lake in western
Bartholomew County; then
(10) Proceed south-southwesterly in a
straight line to the intersection of State
Road 58 and the Bartholomew-Jackson
county boundary line; then
(11) Proceed east along the
Bartholomew-Jackson county boundary
line for approximately 0.4 mile to the
county boundary line’s first intersection
with the meandering 200-meter contour
line after crossing Buck Creek in
northwestern Jackson County; then
(12) Proceed easterly then
southwesterly along the meandering
200-meter contour line, crossing to the
Bedford map, to the intersection of the
contour line with U.S. Route 50; then
(13) Proceed east on U.S. Route 50 to
its intersection with State Road 235;
then
(14) Proceed south on State Road 235
to its intersection with the railroad
tracks in Medora; then
(15) Proceed southwesterly along the
railroad tracks to a point next to the
intersection of two roads locally known
as Sparksville Pike Road and Sparks
Ferry Road (approximately 0.5 miles
east Sparksville) and then proceed
southeasterly less than 250 feet on
Sparks Ferry Road to that road’s bridge
over the East Fork of the White River;
then
(16) Proceed easterly along the East
Fork of the White River and then the
Muscatatuck River to the State Road 135
bridge over the Muscatatuck River at
Millport; then
(17) Proceed easterly in a straight line
to the confluence of the Cammie
Thomas Ditch and the Muscatatuck
River, located on the northern boundary
of Washington County; then
(18) Proceed southeasterly in a
straight line, crossing to the Madison
map, to the intersection of two roads
locally known as E. Pull Tight Road and
N. Pumpkin Center East Road at
Pumpkin Center in Gibson Township,
Washington County; then
(19) Proceed due south in a straight
line for approximately 4.5 miles to the
line’s intersection with a road locally
known as E. Old State Road 56; then
(20) Proceed easterly and then
northeasterly on E. Old State Road 56 to
its intersection with a road locally
known in Scott County as S.
Bloomington Trail, and then continue
southeasterly on S. Bloomington Trail to
VerDate Mar<15>2010
14:35 Feb 04, 2013
Jkt 229001
its intersection with a road locally
known as W. Leota Road at Leota; then
(21) Proceed southeasterly in a
straight line to the intersection of
Interstate 65 and the Scott-Clark
counties boundary line at Underwood;
then
(22) Proceed south-southwesterly in a
straight line, crossing to the Louisville
map, to the intersection of State Road 60
and a road locally known as Carwood
Road at Carwood in Clark County; then
(23) Proceed southeasterly on State
Road 60 to its intersection with State
Road 111 at Bennettsville; then
(24) Proceed southerly on State Road
111 for approximately 1.8 miles to its
intersection with a road locally known
as W. St. Joe Road at St. Joseph; then
(25) Proceed south-southwesterly in a
straight line to the 266-meter elevation
point on Bald Knob, then continue
south-southwesterly in a straight line to
the 276-meter elevation point on Lost
Knob; then
(26) Proceed southerly in a straight
line to the confluence of French Creek
and the Ohio River in eastern Franklin
Township, Floyd County; then
(27) Proceed (downstream) along the
Indiana shoreline of the Ohio River,
crossing back and forth between the Tell
City and Jasper maps, returning to the
beginning point.
Secretary’s order of November 16, 2012,
delegated authority and assigned
responsibilities to the Director of the
Office of Labor-Management Standards
(OLMS) in administering the
Department’s responsibilities under the
Labor-Management Reporting and
Disclosure Act of 1959 (LMRDA) and
under certain provisions relating to
standards of conduct for federal sector
labor organizations in the Civil Service
Reform Act of 1978 (CSRA), the Foreign
Service Act of 1980 (FSA), and the
Congressional Accountability Act of
1995 (CAA). In addition, a separate
order on November 16, 2012, delegated
authority and assigned certain
responsibilities in enforcement of the
CSRA, LMRDA, and FSA, previously
vested in ESA, to the Department’s
Administrative Review Board (ARB).
DATES: Effective February 5, 2013.
FOR FURTHER INFORMATION CONTACT:
Andrew R. Davis, Chief of the Division
of Interpretations and Standards, Office
of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room N–5609,
Washington, DC 20210, olmspublic@dol.gov, (202) 693–0123 (this is
not a toll-free number), (800) 877–8339
(TTY/TDD).
SUPPLEMENTARY INFORMATION:
Signed: November 1, 2012.
John J. Manfreda,
Administrator.
Approved: November 23, 2012.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
I. Background
The amendments to 29 CFR Chapter
IV reflect changes required as a result of
a reorganization within the Department
of Labor. OLMS had been a component
of ESA, which was dissolved on
November 8, 2009. The former ESA had
been headed by an Assistant Secretary
for Employment Standards, and, as a
subagency of ESA, OLMS had been
headed by a Deputy Assistant Secretary.
Under the reorganization, OLMS was
established as a separate agency headed
by a Director, and most Department of
Labor responsibilities for the LMRDA,
CSRA, CAA, and FSA standards of
conduct provisions had been assigned to
the Director of OLMS under Secretary’s
Order No. 8–2009, 74 FR 58835
(November 13, 2009). Secretary’s Order
No. 8–2009 was cancelled and
superseded by two delegations,
Secretary’s Order No. 03–2012, 77 FR
69376, November 16, 2012, continuing
the delegation of most of the
responsibilities to the Director of OLMS
and Secretary’s Order No. 02–2012, 77
FR 69378, November 16, 2012,
delegating appellate authority of
Administrative Law Judge (ALJ)
decisions under 29 CFR Parts 458 and
417 to the ARB.
Pursuant to the CSRA, CAA, and FSA
enforcement provisions (29 CFR part
[FR Doc. 2013–02454 Filed 2–4–13; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF LABOR
Office of Labor-Management
Standards
29 CFR Parts 401, 402, 403, 404, 405,
406, 408, 409, 417, 451, 452, 453, 457,
458, and 459
Reorganization and Delegation of
Authority; Technical Amendments
Office of Labor-Management
Standards, Department of Labor.
ACTION: Final rule.
AGENCY:
This document makes a
number of technical amendments to
Chapter IV of the Department of Labor’s
regulations. These amendments are
necessary because of the dissolution of
the Employment Standards
Administration (ESA), and because the
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
E:\FR\FM\05FER1.SGM
05FER1
erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Rules and Regulations
458), when OLMS investigates a
complaint or otherwise determines that
a violation of the Standards of Conduct
has occurred and cannot be settled
through voluntary compliance, OLMS
will file an administrative complaint
with the Department of Labor Office of
Administrative Law Judges. With
OLMS’ assistance, the Solicitor of Labor
prosecutes these enforcement actions
before an ALJ. In accordance with the
Department’s regulations, the ALJ issues
a recommended decision and order,
which is subject to appeal by filing
exceptions. While ESA existed, appeals
of a recommended decision and order
were filed with the Assistant Secretary
for Employment Standards. After
consideration of these exceptions, the
Assistant Secretary would issue a
decision. In Secretary’s Order No. 02–
2012, 77 FR 69378, these exceptions are
to be filed with the ARB, which will
issue a decision. The role of the ARB is
to issue final agency decisions for the
Secretary of Labor in cases arising under
a wide range of the Department’s laws.
ARB cases generally arise upon an
appeal from a recommended decision by
an ALJ. Reassignment of this appellate
authority is consistent with the
Department of Labor’s current
administrative enforcement framework.
Further, Secretary’s Order No. 02–
2012, 77 FR 69378, also delegated
authority to the ARB to review ALJ
decisions involving the adequacy of
local labor union’s officer removal
procedures under section 401(h) of the
LMRDA. 29 U.S.C. 481(h). The officer
removal enforcement procedures are set
forth at 29 CFR Part 417, and these
regulations previously required that
OLMS challenge the adequacy of local
labor union’s officer removal procedures
in the context of an administrative
hearing before an ALJ. The ALJ will
issue an initial decision, which is
subject to appeal by filing exceptions.
While ESA existed, appeals of an initial
decision were filed with the Assistant
Secretary for Employment Standards.
For the reasons explained in the
previous paragraph, in Secretary’s Order
No. 02–2012, 77 FR 69378, these
exceptions are to be filed with the ARB,
which will issue a decision.
Generally, the amendments made by
this rule implement the designation of
authorities, consistent with the
Department’s restructuring in
Secretary’s Order No. 8–2009, as
superseded by Secretary’s Order No. 03–
2012, 77 FR 69376, and Secretary’s
Order No. 02–2012, 77 FR 69378.
Secretary’s Order No. 03–2012, 77 FR
69376, assigns authorities and
responsibilities to the Director of OLMS,
including those previously vested in the
VerDate Mar<15>2010
14:35 Feb 04, 2013
Jkt 229001
Assistant Secretary for Employment
Standards in Part 417 (provisions for the
removal of local labor organization
officers) and Part 458 (standards of
conduct for Federal sector labor
organizations governed by the CSRA,
the FSA, and the CAA). Secretary’s
Order No. 02–2012, 77 FR 69378,
assigns authorities and responsibilities
under Part 417 and Part 458, which
previously were delegated to the
Assistant Secretary for Employment
Standards, to the ARB. The changes
made by this rule simply reflect this
administrative reorganization and do
not change any substantive rule
governing administration of these
statutes.
II. Summary of the Rule
The regulations specified in this rule
have been revised to remove references
to the ‘‘Assistant Secretary’’ (of the nowdissolved ESA). In some sections, the
title ‘‘Assistant Secretary’’ is replaced
with ‘‘Director,’’ to reflect the delegation
of authority and assignment of
responsibilities to the Director of OLMS.
In other sections, ‘‘Assistant Secretary’’
is replaced with ‘‘Secretary’’ to clarify
the Secretary’s general authority to
prescribe the LMRDA reporting
requirements set forth in Parts 401
through 405. Further, in some sections,
‘‘Assistant Secretary’’ is replaced with
‘‘Administrative Review Board,’’ to
reflect the delegation of authority and
assignment of responsibilities to the
ARB. Additionally, the regulations have
been amended to remove references and
cross-references to the now-dissolved
ESA, as well as to replace the OMB
control number previously assigned to
ESA forms (1215–0188) with the new
OLMS control number (1245–0003).
In every section that has been
amended, the authority citations have
also been amended by adding either
‘‘Secretary’s Order No. 03–2012, 77 FR
69376, November 16, 2012’’ or
‘‘Secretary’s Order No. 02–2012, 77 FR
69378, November 16, 2012’’ and by
removing previous Secretary’s Orders
that they supersede. Additionally, the
authority citation for Part 403 was
amended by removing several incorrect
references and adding accurate
references.
III. Authority
The legal authority for this
rulemaking is set forth in (1) the LaborManagement Reporting and Disclosure
Act of 1959, as amended, 29 U.S.C. 401
et seq.; (2) the provisions relating to
standards of conduct for federal sector
labor organizations in the Civil Service
Reform Act of 1978, 5 U.S.C. 7120, the
Foreign Service Act of 1980, 22 U.S.C.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
8023
4117, and the Congressional
Accountability Act of 1995, 2 U.S.C.
1351(a)(1). The Secretary has delegated
her authority under the abovereferenced statutes to either the Director
of the Office of Labor-Management
Standards or the ARB and permits redelegation of such authority. See
Secretary’s Order No. 03–2012, 77 FR
69376, and Secretary’s Order No. 02–
2012, 77 FR 69378.
IV. Rulemaking Analyses
Administrative Procedure Act
Section 553 of the Administrative
Procedure Act (APA) exempts ‘‘rules of
agency organization, procedure, or
practice’’ from proposed rulemaking
(i.e., notice-and-comment rulemaking).
5 U.S.C. 553(b)(A). This exemption
covers matters such as agency rules of
practice governing the conduct of
proceedings and rules delegating
authority or duties within an agency.
Rules are also exempt when an agency
finds ‘‘good cause’’ that notice and
comment rulemaking procedures would
be ‘‘impracticable, unnecessary, or
contrary to the public interest.’’ 5 U.S.C.
553(b)(B). An agency may similarly
make the rule effective upon publication
when it determines that delaying the
effective date of the rule for 30 days
following its publication, as normally
required by 5 U.S.C. 553, is unnecessary
and that good cause exists to make the
rule effective immediately. 5 U.S.C.
553(d).
The Department has determined that
this rulemaking meets the notice-andcomment exemption requirements
because this regulation pertains solely
to technical amendments required due
to an administrative reorganization, and
does not change any substantive rule
governing administration of the
LMRDA, CSRA, CAA, or FSA. The
revisions to 29 CFR Chapter IV reflect a
change in the title of a government
officer, the deletion of references to an
agency that has been dissolved, and
address the delegation of authority
necessitated by the dissolution of ESA.
Furthermore, the Department finds 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
technical amendments shall be effective
upon publication in the Federal
Register. 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Because the Department has
concluded that this action is not subject
E:\FR\FM\05FER1.SGM
05FER1
8024
Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Rules and Regulations
to the Administrative Procedure Act’s
proposed rulemaking requirements, it is
not subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
This action is not a ‘‘significant
regulatory action’’ and is therefore not
subject to review by the Office of
Management and Budget under
Executive Orders 12866 or 13563.
Unfunded Mandates Reform
This proposed rule will not include
any Federal mandate that may result in
increased expenditures by State, local,
and tribal governments, in the aggregate,
of $100 million or more, or in increased
expenditures by the private sector of
$100 million or more.
Paperwork Reduction Act
This final rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.).
erowe on DSK2VPTVN1PROD with RULES
Executive Order 13132 (Federalism)
The Department has reviewed this
rulemaking in accordance with
Executive Order 13132 regarding
federalism, and has determined that the
proposed rule does not have federalism
implications. The rule will 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.’’
Small Business Regulatory Enforcement
Fairness Act of 1996
This proposed rule is not a major rule
as defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
VerDate Mar<15>2010
14:35 Feb 04, 2013
Jkt 229001
companies to compete with foreignbased companies in domestic and
export markets.
PART 402—LABOR ORGANIZATION
INFORMATION REPORTS
4. The authority citation for Part 402
is revised to read as follows:
■
List of Subjects
29 CFR Parts 401, 417, 451, and 452
Labor unions.
29 CFR Parts 402, 403, and 404
Labor unions, Labor union officers
and employees, Reporting and
recordkeeping requirements.
29 CFR Parts 405 and 406
Labor management relations,
Reporting and recordkeeping
requirements.
29 CFR Part 408
Labor unions, Reporting and
recordkeeping requirements.
29 CFR Part 409
Authority: Secs. 201, 207, 208, 73 Stat.
524, 529 (29 U.S.C. 431, 437, 438);
Secretary’s Order No. 03–2012, 77 FR 69376,
November 16, 2012.
§ 402.2
[Amended]
5. Section 402.2 is amended by
revising the term ‘‘Assistant Secretary’’
to read ‘‘Secretary’’ in the first sentence.
■
§ 402.13
[Amended]
6. Section 402.13 is revised by
removing OMB control number 1215–
0188 and adding, in its place, OMB
control number 1245–0003.
■
PART 403—LABOR ORGANIZATION
ANNUAL FINANCIAL REPORTS
Insurance companies, Reporting and
recordkeeping requirements.
■
29 CFR Part 453
Authority: Secs. 201, 207, 208, 301, 73
Stat. 524, 529, 530 (29 U.S.C. 431, 437, 438,
461); Secretary’s Order No. 03–2012, 77 FR
69376, November 16, 2012.
Labor unions, Surety bonds.
29 CFR Parts 457, 458, and 459
7. The authority citation for Part 403
is revised to read as follows:
Labor unions, Reporting and
recordkeeping requirements,
Administrative practice and procedure.
For the reasons provided above, the
Department of Labor amends Chapter IV
of Title 29 of the Code of Federal
Regulations as set forth below:
§ 403.2
Chapter IV—Office of Labor-Management
Standards, Department of Labor
■
Subchapter A—Labor-Management
Standards
PART 401—MEANING OF TERMS
USED IN THIS SUBCHAPTER
[Amended]
8. In § 403.2, paragraph (b) is amended
by removing the two references to
‘‘Assistant Secretary’’ and adding in
their place the word ‘‘Secretary’’.
■
§ 403.11
[Amended]
9. Section 403.11 is amended by
removing OMB control number 1215–
0188 and adding in its place OMB
control number 1245–0003.
PART 404—LABOR ORGANIZATION
OFFICER AND EMPLOYEE REPORTS
10. The authority citation for Part 404
is revised to read as follows:
■
1. The authority citation for Part 401
is revised to read as follows:
■
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. 03–
2012, 77 FR 69376, November 16, 2012;
§ 401.4 also issued under sec. 320 of Title III
of the Bankruptcy Reform Act of 1978, Pub.
L. 95–598, 92 Stat. 2678.
§ 401.18
[Amended]
2. Section 401.18 is amended by
removing ‘‘Employment Standards
Administration’’.
■ 3. Section 401.19 is is revised to read
as follows:
■
§ 401.19
Director.
‘‘Director’’ means the Director of the
Office of Labor-Management Standards,
head of the Office of Labor-Management
Standards.
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Authority: Secs. 202, 207, 208, 73 Stat.
525, 529 (29 U.S.C. 432, 437, 438);
Secretary’s Order No. 03–2012, 77 FR 69376,
November 16, 2012.
§ 404.2
[Amended]
11. Section 404.2 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in its place the
word ‘‘Secretary’’.
■
§ 404.9
[Amended]
12. Section 404.9 is amended by
removing OMB control number 1215–
0188 and adding, in its place, OMB
control number 1245–0003.
■
PART 405—EMPLOYER REPORTS
13. The authority citation for Part 405
is revised to read as follows:
■
E:\FR\FM\05FER1.SGM
05FER1
Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Rules and Regulations
Authority: Secs. 203, 207, 208, 73 Stat.
526, 529 (29 U.S.C. 433, 437, 438);
Secretary’s Order No. 03–2012, 77 FR 69376,
November 16, 2012.
§ 405.2
PART 417—PROCEDURE FOR
REMOVAL OF LOCAL LABOR
ORGANIZATION OFFICERS
Secretary’’ and adding in its place
‘‘Administrative Review Board’’ in one
place in the text.
22. The authority citation for Part 417
is revised to read as follows:
§ 417.17
■
[Amended]
14. Section 405.2 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding, in its place, the
word ‘‘Secretary’’.
[Amended]
■
15. Section 405.11 is amended by
removing OMB control number 1215–
0188 and adding, in its place, OMB
control number 1245–0003.
PART 406—REPORTING BY LABOR
RELATIONS CONSULTANTS AND
OTHER PERSONS, CERTAIN
AGREEMENTS WITH EMPLOYERS
§ 417.4
[Amended]
■
23. Section 417.2 is amended by
removing the reference to ‘‘Employment
Standards Administration’’ in paragraph
(a).
[Amended]
24. Section 417.4 is amended by
removing the references to ‘‘Assistant
Secretary’’ and adding in their place the
term ‘‘Director’’ in paragraphs (b)(1)(ii)
and (b)(2).
■
16. 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. 03–2012, 77 FR 69376,
November 16, 2012.
§ 406.10
32. Section 417.17 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in its place the
term ‘‘Director’’.
§ 417.19
■
■
[Amended]
17. Section 406.10 is amended by
removing OMB control number 1215–
0188 and adding, in its place, OMB
control number 1245–0003.
■
§ 417.6
[Amended]
25. Section 417.6 is amended by
removing the four references to
‘‘Assistant Secretary’’ and adding in
their place the term ‘‘Director’’ in the
undesignated paragraph following
paragraph (m).
33. Section 417.19 is amended by
removing the reference to ‘‘Assistant
Secretary’s’’ in the heading and the
third sentence and adding in its place
the term ‘‘Director’s’’ and removing
‘‘Assistant Secretary’’ in the first
sentence and adding in its place
‘‘Director’’.
§ 417.21
34. Section 417.21 is amended by
removing the two references to
‘‘Assistant Secretary’’ and adding in its
place the term ‘‘Director’’.
[Amended]
§ 417.23
35. Section 417.23 is amended by
removing the reference to ‘‘Assistant
Secretary’’ in the section heading and
the first sentence and adding in their
place the term ‘‘Director’’ and removing
the reference to ‘‘Assistant Secretary’s’’
in the first sentence and adding in its
place ‘‘Director’s’’.
§ 417.24
■
■
Authority: Secs. 202, 207, 208, 73 Stat.
525, 529 (29 U.S.C. 432, 437, 438);
Secretary’s Order No. 03–2012, 77 FR 69376,
November 16, 2012.
§ 417.13
§ 417.14
20. 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. 03–2012, 77 FR 69376,
November 16, 2012.
[Amended]
21. Section 409.7 is amended by
removing OMB control number 1215–
0188 and adding, in its place, OMB
control number 1245–0003.
■
14:35 Feb 04, 2013
Jkt 229001
29. Section 417.14(a) and (b) is
amended by removing the references to
‘‘Assistant Secretary’’ and adding in
their place ‘‘Administrative Review
Board’’ in the heading, and in six places
in the text.
§ 417.15
[Amended]
30. Section 417.15 is amended by
removing the references to ‘‘Assistant
Secretary’’ and adding in their place
‘‘Administrative Review Board’’ in the
heading, and in one place in the text.
■
§ 417.16
[Amended]
31. Section 417.16(a) is amended by
removing reference to ‘‘Assistant
■
PO 00000
Frm 00033
Fmt 4700
[Amended]
36. Section 417.24 is amended by
removing the references to ‘‘Assistant
Secretary’’ in the section heading and
paragraphs (a) and (b) and adding in
their place the term ‘‘Director’’ and
removing the reference to ‘‘Assistant
Secretary’s’’ in the first sentence of
paragraph (a) and adding in its place the
term ‘‘Director’s’’.
§ 417.25
[Amended]
37. Section 417.25 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in its place the
term ‘‘Director’’ and removing the
reference to ‘‘Assistant Secretary’s’’ and
adding in its place the term
‘‘Director’s’’.
■
[Amended]
■
PART 409—REPORTS BY SURETY
COMPANIES
VerDate Mar<15>2010
[Amended]
28. Section 417.13 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in its place
‘‘Administrative Review Board.’’
19. Section 408.13 is amended by
removing OMB control number 1215–
0188 and adding, in its place, OMB
control number 1245–0003.
§ 409.7
27. Section 417.9 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in its place the
term ‘‘Director’’ in paragraph (c).
■
■
erowe on DSK2VPTVN1PROD with RULES
[Amended]
■
[Amended]
[Amended]
■
§ 417.9
§ 408.13
[Amended]
■
26. Section 417.7 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in its place the
term ‘‘Director’’.
■
18. The authority citation for Part 408
is revised to read as follows:
[Amended]
■
§ 417.7
PART 408—LABOR ORGANIZATION
TRUSTEESHIP REPORTS
[Amended]
■
Authority: Secs. 401, 402, 73 Stat. 533,
534 (29 U.S.C. 481, 482); Secretary’s Order
No. 03–2012, 77 FR 69376, November 16,
2012; Secretary’s Order No. 02–2012, 77 FR
69378, November 16, 2012.
§ 417.2
■
§ 405.11
8025
Sfmt 4700
PART 451—LABOR ORGANIZATIONS
AS DEFINED IN THE LABORMANAGEMENT REPORTING AND
DISCLOSURE ACT OF 1959
38. 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. 03–2012, 77 FR 69376,
November 16, 2012.
E:\FR\FM\05FER1.SGM
05FER1
8026
§ 451.1
Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Rules and Regulations
[Amended]
§ 457.13
39. Section 451.1(c) is amended by
removing the five references to
‘‘Assistant Secretary’’ and adding in
their place, the word ‘‘Director’’.
■
§ 457.13
PART 452—GENERAL STATEMENT
CONCERNING THE ELECTION
PROVISIONS OF THE LABORMANAGEMENT REPORTING AND
DISCLOSURE ACT OF 1959
40. 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. 03–2012, 77 FR 69376, November 16,
2012.
§ 452.1
[Amended]
41. Section 452.1(b) is amended by
removing the four references to
‘‘Assistant Secretary’’ and adding in
their place, the word ‘‘Director’’.
■
§ 452.6
Director.
Director means the Director of the
Office of Labor-Management Standards,
head of the Office of Labor-Management
Standards.2
2 Pursuant to Secretary of Labor’s
Orders No. 02–2012, 77 FR 69378
(November 16, 2012), and 03–2012, 77
FR 69376 (November 16, 2012), the
Director of the Office of LaborManagement Standards has certain
responsibilities and authority for
implementing the standards of conduct
provisions of the CSRA and the FSA.
■ 48. Section 457.15 is revised to read
as follows:
§ 457.15
District Director.
District Director means the Director of
a district office within the Office of
Labor-Management Standards.
■ 49. Section 457.16 is revised to read
as follows:
[Amended]
42. Section 452.6 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding, in its place, the
word ‘‘Director’’.
■
PART 453—GENERAL STATEMENT
CONCERNING THE BONDING
REQUIREMENTS OF THE LABOR–
MANAGEMENT REPORTING AND
DISCLOSURE ACT OF 1959
§ 457.16
Chief, DOE.
Chief, DOE means the Chief of the
Division of Enforcement within the
Office of Labor-Management Standards.
§ 457.19
[Amended]
43. 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.
03–2012, 77 FR 69376, November 16, 2012.
[Amended]
44. Section 453.1 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding, in their place,
the word ‘‘Director’’ in paragraph (a)
and the four references in paragraph (b).
■
Subchapter B—Standards of Conduct
PART 457—GENERAL
45. The authority citation for Part 457
is revised to read as follows:
erowe on DSK2VPTVN1PROD with RULES
Authority: 5 U.S.C. 7120, 7134; 22 U.S.C.
4117; 2 U.S.C. 1351(a)(1); Secretary’s Order
No. 03–2012, 77 FR 69376, November 16,
2012; Secretary’s Order No. 02–2012, 77 FR
69378, November 16, 2012.
VerDate Mar<15>2010
14:35 Feb 04, 2013
Jkt 229001
§ 458.36
[Amended]
56. Section 458.36 is amended by
removing the two references to
‘‘Assistant Secretary,’’ and adding in
their place, the term ‘‘Director’’.
■
§ 458.59
[Amended]
57. Section 458.59 is amended by
removing the two references to
‘‘Assistant Secretary,’’ and adding in
their place, the term ‘‘Director’’.
■
§ 458.64
[Amended]
58. Section 458.64 is amended by
removing the reference to ‘‘Assistant
Secretary,’’ and adding in their place,
the term ‘‘Director’’ in paragraph (c).
■
§ 458.65
[Amended]
59. Section 458.65 is amended by
removing the references to ‘‘Assistant
Secretary,’’ and adding in their place,
the term ‘‘Director’’ in paragraphs (b)
and (c).
■
■
[Amended]
51. Section 457.20 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding, in its place, the
word ‘‘Director’’.
■
52. The authority citation for Part 458
is revised to read as follows:
■
Authority: 5 U.S.C. 7105, 7111, 7120,
7134; 22 U.S.C. 4107, 4111, 4117; 2 U.S.C.
1351(a)(1); Secretary’s Order No. 03–2012, 77
FR 69376, November 16, 2012; Secretary’s
Order No. 02–2012, 77 FR 69378, November
16, 2012.
§ 458.1
[Amended]
53. Section 458.1 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding, in its place, the
word ‘‘Director’’.
■
[Amended]
54. Section 458.4(c) is amended by
removing the following parenthetical
text: ‘‘(available on the OLMS Web site
at https://www.dol.gov/esa/regs/
compliance/olms/CSRAFactSheet.pdf
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
[Amended]
60. Section 458.66 is amended by
removing the references to ‘‘Assistant
Secretary,’’ and adding in their place,
the term ‘‘Director’’ in paragraph (c).
§ 458.70
[Amended]
61. Section 458.70 is amended by
removing the two references to
‘‘Assistant Secretary’’ and adding in
their place, ‘‘Administrative Review
Board’’.
■
PART 458—STANDARDS OF
CONDUCT
■
46. Section 457.1 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding, in its place, the
word ‘‘Director’’.
[Amended]
55. Section 458.35 is amended by
removing the reference to ‘‘Assistant
Secretary,’’ and adding in their place,
the term ‘‘Director’’.
■
§ 458.66
§ 458.4
[Amended]
■
§ 458.35
§ 457.20
■
§ 457.1
for the pdf version and https://
www.dol.gov/esa/regs/compliance/
olms/CSRA FactSheet.htm for the html
version),’’ and adding in its place,
‘‘(available on the OLMS Web site at
https://www.dol.gov/olms.)’’
50. Section 457.19(c) is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding, in its place, the
word ‘‘Director’’.
■
■
§ 453.1
[Amended]
47. Section 457.13 is revised to as
follows:
■
§ 458.72
[Amended]
62. Section 458.72 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in their place,
‘‘Administrative Review Board’’ in
paragraph (b).
■
§ 458.76
[Amended]
63. Section 458.76 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in their place,
‘‘Administrative Review Board’’ in the
introductory text.
■
§ 458.81
[Amended]
64. Section 458.81 is amended by
removing the two references to
‘‘Assistant Secretary’’ and adding in
■
E:\FR\FM\05FER1.SGM
05FER1
Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Rules and Regulations
§ 458.92 Compliance with decisions and
orders of the Administrative Review Board.
their place, ‘‘Administrative Review
Board’’ in paragraph (b).
§ 458.82
[Amended]
65. Section 458.82 is amended by
removing the three references to
‘‘Assistant Secretary’’ and adding in
their place, ‘‘Administrative Review
Board’’.
■
§ 458.88
[Amended]
66. Section 458.88 is amended by
removing the references in the section
heading and paragraphs (b) and (c) to
‘‘Assistant Secretary’’ and adding in
their place, ‘‘Administrative Review
Board’’.
■
§ 458.90
[Amended]
67. Section 458.90 is amended by
removing the reference to ‘‘Assistant
Secretary’’ and adding in their place,
‘‘Administrative Review Board’’ in
paragraph (b).
■
§ 458.91
§ 458.93
68. Section 458.91 is revised to read
as follows:
■
PART 459—MISCELLANEOUS
erowe on DSK2VPTVN1PROD with RULES
§ 458.91 Action by the Administrative
Review Board.
VerDate Mar<15>2010
14:35 Feb 04, 2013
Jkt 229001
71. The authority citation for Part 459
is revised to read as follows:
■
(a) After consideration of the
Administrative Law Judge’s
recommended decision and order, the
record, and any exceptions filed, the
Administrative Review Board shall
issue its decision affirming or reversing
the Administrative Law Judge, in whole,
or in part, or making such other
disposition of the matter as it deems
appropriate: Provided, however, That
unless exceptions are filed which are
timely and in accordance with § 458.89,
the Administrative Review Board may,
at its discretion, adopt without
discussion the recommended decision
and order of the Administrative Law
Judge, as contained in his recommended
decision and order, shall, upon
appropriate notice to the parties,
automatically become the decision of
the Administrative Review Board.
(b) Upon finding a violation of the
CSRA, FSA or this part, the
Administrative Review Board may order
respondent to cease and desist from
such violative conduct and may require
the respondent to take such affirmative
action as it deems appropriate to
effectuate the policies of the CSRA or
FSA.
(c) Upon finding no violation of the
CSRA, FSA or this part, the
Administrative Review Board shall
dismiss the complaint.
69. Section 458.92 is revised to read
as follows:
Stay of remedial action.
In cases involving violations of this
part, the Administrative Review Board
may direct, subject to such conditions at
it deems appropriate, that the remedial
action ordered by stayed.
[Amended]
■
When remedial action is ordered, the
respondent shall report to the Director,
within a specified period, that the
required remedial action has been
effected. When the Director finds that
the required remedial action has not
been effected, he shall refer the matter
for appropriate action to the Federal
Labor Relations Authority (in the case of
labor organizations covered by the
CSRA), the Foreign Service Labor
Relations Board (in the case of labor
organizations covered by the FSA), or
the Board of Directors of the Office of
Compliance (in the case of labor
organizations covered by the
Congressional Accountability Act).
■ 70. Section 458.93 is revised to read
as follows:
Authority: 5 U.S.C. 7120, 7134; 22 U.S.C.
4117; 2 U.S.C. 1351(a)(1); Secretary’s Order
No. 03–2012, 77 FR 69376, November 16,
2012.
§ 459.1
[Amended]
72. Section 459.1 is amended by
removing the reference to ‘‘Assistant
Secretary,’’ and adding in their place,
the word ‘‘Director’’.
■
§ 459.4
[Amended]
73. Section 459.4 is amended by
removing the reference to ‘‘Assistant
Secretary,’’ and adding in their place,
the word ‘‘Director’’ in paragraph (b).
■
§ 459.5
[Amended]
74. Section 459.5 is amended by
removing the reference to ‘‘Assistant
Secretary,’’ and adding in their place,
the word ‘‘Director’’ in paragraph (b).
■
Subchapter D—Notification of
Employee Rights Under Federal Labor
Laws
PART 471—OBLIGATIONS OF
FEDERAL CONTRACTORS AND
SUBCONTRACTORS; NOTIFICATION
OF EMPLOYEE RIGHTS UNDER
FEDERAL LABOR LAWS
75. The authority citation for Part 471
is revised to read as follows:
■
Authority: 40 U.S.C. 101 et seq.; Executive
Order 13496, 74 FR 6107, February 4, 2009;
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
8027
Secretary’s Order No. 7–2009, 74 FR 58834,
November 13, 2009; Secretary’s Order No.
03–2012, 77 FR 69376, November 16, 2012.
Signed in Washington, DC, this 26th day of
November, 2012.
John Lund,
Director, Office of Labor-Management
Standards.
[FR Doc. 2013–01020 Filed 2–4–13; 8:45 am]
BILLING CODE 4510–CP–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0900]
RIN 1625–AA00
Safety Zone, Coast Guard Exercise
Area, Hood Canal, Washington
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The U.S. Coast Guard is
establishing a safety zone around
vessels involved in Coast Guard training
exercises in Hood Canal, WA. This is
necessary to ensure the safety of the
maritime public during these exercises,
which involve fast moving surface
vessels, smoke machines, pyrotechnics,
and other elements which could create
safety concerns for waterway users. This
safety zone ensures the safety of the
maritime public by prohibiting any
person or vessel from entering or
remaining in the safety zone unless
authorized by the Captain of the Port
(COTP) or a Designated Representative.
DATES: This rule is effective March 7,
2013.
SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG–
2012–0900]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email ENS Nathaniel P. Clinger,
Waterways Management Division, Coast
Guard Sector Puget Sound, U.S. Coast
ADDRESSES:
E:\FR\FM\05FER1.SGM
05FER1
]]>Agencies
[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Rules and Regulations]
[Pages 8022-8027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01020]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of Labor-Management Standards
29 CFR Parts 401, 402, 403, 404, 405, 406, 408, 409, 417, 451, 452,
453, 457, 458, and 459
Reorganization and Delegation of Authority; Technical Amendments
AGENCY: Office of Labor-Management Standards, Department of Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes a number of technical amendments to
Chapter IV of the Department of Labor's regulations. These amendments
are necessary because of the dissolution of the Employment Standards
Administration (ESA), and because the Secretary's order of November 16,
2012, delegated authority and assigned responsibilities to the Director
of the Office of Labor-Management Standards (OLMS) in administering the
Department's responsibilities under the Labor-Management Reporting and
Disclosure Act of 1959 (LMRDA) and under certain provisions relating to
standards of conduct for federal sector labor organizations in the
Civil Service Reform Act of 1978 (CSRA), the Foreign Service Act of
1980 (FSA), and the Congressional Accountability Act of 1995 (CAA). In
addition, a separate order on November 16, 2012, delegated authority
and assigned certain responsibilities in enforcement of the CSRA,
LMRDA, and FSA, previously vested in ESA, to the Department's
Administrative Review Board (ARB).
DATES: Effective February 5, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew R. Davis, Chief of the Division
of Interpretations and Standards, Office of Labor-Management Standards,
U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5609,
Washington, DC 20210, olms-public@dol.gov, (202) 693-0123 (this is not
a toll-free number), (800) 877-8339 (TTY/TDD).
SUPPLEMENTARY INFORMATION:
I. Background
The amendments to 29 CFR Chapter IV reflect changes required as a
result of a reorganization within the Department of Labor. OLMS had
been a component of ESA, which was dissolved on November 8, 2009. The
former ESA had been headed by an Assistant Secretary for Employment
Standards, and, as a subagency of ESA, OLMS had been headed by a Deputy
Assistant Secretary. Under the reorganization, OLMS was established as
a separate agency headed by a Director, and most Department of Labor
responsibilities for the LMRDA, CSRA, CAA, and FSA standards of conduct
provisions had been assigned to the Director of OLMS under Secretary's
Order No. 8-2009, 74 FR 58835 (November 13, 2009). Secretary's Order
No. 8-2009 was cancelled and superseded by two delegations, Secretary's
Order No. 03-2012, 77 FR 69376, November 16, 2012, continuing the
delegation of most of the responsibilities to the Director of OLMS and
Secretary's Order No. 02-2012, 77 FR 69378, November 16, 2012,
delegating appellate authority of Administrative Law Judge (ALJ)
decisions under 29 CFR Parts 458 and 417 to the ARB.
Pursuant to the CSRA, CAA, and FSA enforcement provisions (29 CFR
part
[[Page 8023]]
458), when OLMS investigates a complaint or otherwise determines that a
violation of the Standards of Conduct has occurred and cannot be
settled through voluntary compliance, OLMS will file an administrative
complaint with the Department of Labor Office of Administrative Law
Judges. With OLMS' assistance, the Solicitor of Labor prosecutes these
enforcement actions before an ALJ. In accordance with the Department's
regulations, the ALJ issues a recommended decision and order, which is
subject to appeal by filing exceptions. While ESA existed, appeals of a
recommended decision and order were filed with the Assistant Secretary
for Employment Standards. After consideration of these exceptions, the
Assistant Secretary would issue a decision. In Secretary's Order No.
02-2012, 77 FR 69378, these exceptions are to be filed with the ARB,
which will issue a decision. The role of the ARB is to issue final
agency decisions for the Secretary of Labor in cases arising under a
wide range of the Department's laws. ARB cases generally arise upon an
appeal from a recommended decision by an ALJ. Reassignment of this
appellate authority is consistent with the Department of Labor's
current administrative enforcement framework.
Further, Secretary's Order No. 02-2012, 77 FR 69378, also delegated
authority to the ARB to review ALJ decisions involving the adequacy of
local labor union's officer removal procedures under section 401(h) of
the LMRDA. 29 U.S.C. 481(h). The officer removal enforcement procedures
are set forth at 29 CFR Part 417, and these regulations previously
required that OLMS challenge the adequacy of local labor union's
officer removal procedures in the context of an administrative hearing
before an ALJ. The ALJ will issue an initial decision, which is subject
to appeal by filing exceptions. While ESA existed, appeals of an
initial decision were filed with the Assistant Secretary for Employment
Standards. For the reasons explained in the previous paragraph, in
Secretary's Order No. 02-2012, 77 FR 69378, these exceptions are to be
filed with the ARB, which will issue a decision.
Generally, the amendments made by this rule implement the
designation of authorities, consistent with the Department's
restructuring in Secretary's Order No. 8-2009, as superseded by
Secretary's Order No. 03-2012, 77 FR 69376, and Secretary's Order No.
02-2012, 77 FR 69378. Secretary's Order No. 03-2012, 77 FR 69376,
assigns authorities and responsibilities to the Director of OLMS,
including those previously vested in the Assistant Secretary for
Employment Standards in Part 417 (provisions for the removal of local
labor organization officers) and Part 458 (standards of conduct for
Federal sector labor organizations governed by the CSRA, the FSA, and
the CAA). Secretary's Order No. 02-2012, 77 FR 69378, assigns
authorities and responsibilities under Part 417 and Part 458, which
previously were delegated to the Assistant Secretary for Employment
Standards, to the ARB. The changes made by this rule simply reflect
this administrative reorganization and do not change any substantive
rule governing administration of these statutes.
II. Summary of the Rule
The regulations specified in this rule have been revised to remove
references to the ``Assistant Secretary'' (of the now-dissolved ESA).
In some sections, the title ``Assistant Secretary'' is replaced with
``Director,'' to reflect the delegation of authority and assignment of
responsibilities to the Director of OLMS. In other sections,
``Assistant Secretary'' is replaced with ``Secretary'' to clarify the
Secretary's general authority to prescribe the LMRDA reporting
requirements set forth in Parts 401 through 405. Further, in some
sections, ``Assistant Secretary'' is replaced with ``Administrative
Review Board,'' to reflect the delegation of authority and assignment
of responsibilities to the ARB. Additionally, the regulations have been
amended to remove references and cross-references to the now-dissolved
ESA, as well as to replace the OMB control number previously assigned
to ESA forms (1215-0188) with the new OLMS control number (1245-0003).
In every section that has been amended, the authority citations
have also been amended by adding either ``Secretary's Order No. 03-
2012, 77 FR 69376, November 16, 2012'' or ``Secretary's Order No. 02-
2012, 77 FR 69378, November 16, 2012'' and by removing previous
Secretary's Orders that they supersede. Additionally, the authority
citation for Part 403 was amended by removing several incorrect
references and adding accurate references.
III. Authority
The legal authority for this rulemaking is set forth in (1) the
Labor-Management Reporting and Disclosure Act of 1959, as amended, 29
U.S.C. 401 et seq.; (2) the provisions relating to standards of conduct
for federal sector labor organizations in the Civil Service Reform Act
of 1978, 5 U.S.C. 7120, the Foreign Service Act of 1980, 22 U.S.C.
4117, and the Congressional Accountability Act of 1995, 2 U.S.C.
1351(a)(1). The Secretary has delegated her authority under the above-
referenced statutes to either the Director of the Office of Labor-
Management Standards or the ARB and permits re-delegation of such
authority. See Secretary's Order No. 03-2012, 77 FR 69376, and
Secretary's Order No. 02-2012, 77 FR 69378.
IV. Rulemaking Analyses
Administrative Procedure Act
Section 553 of the Administrative Procedure Act (APA) exempts
``rules of agency organization, procedure, or practice'' from proposed
rulemaking (i.e., notice-and-comment rulemaking). 5 U.S.C. 553(b)(A).
This exemption covers matters such as agency rules of practice
governing the conduct of proceedings and rules delegating authority or
duties within an agency. Rules are also exempt when an agency finds
``good cause'' that notice and comment rulemaking procedures would be
``impracticable, unnecessary, or contrary to the public interest.'' 5
U.S.C. 553(b)(B). An agency may similarly make the rule effective upon
publication when it determines that delaying the effective date of the
rule for 30 days following its publication, as normally required by 5
U.S.C. 553, is unnecessary and that good cause exists to make the rule
effective immediately. 5 U.S.C. 553(d).
The Department has determined that this rulemaking meets the
notice-and-comment exemption requirements because this regulation
pertains solely to technical amendments required due to an
administrative reorganization, and does not change any substantive rule
governing administration of the LMRDA, CSRA, CAA, or FSA. The revisions
to 29 CFR Chapter IV reflect a change in the title of a government
officer, the deletion of references to an agency that has been
dissolved, and address the delegation of authority necessitated by the
dissolution of ESA. Furthermore, the Department finds 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 technical
amendments shall be effective upon publication in the Federal Register.
5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Because the Department has concluded that this action is not
subject
[[Page 8024]]
to the Administrative Procedure Act's proposed rulemaking requirements,
it is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
This action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget
under Executive Orders 12866 or 13563.
Unfunded Mandates Reform
This proposed rule will not include any Federal mandate that may
result in increased expenditures by State, local, and tribal
governments, in the aggregate, of $100 million or more, or in increased
expenditures by the private sector of $100 million or more.
Paperwork Reduction Act
This final rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Executive Order 13132 (Federalism)
The Department has reviewed this rulemaking in accordance with
Executive Order 13132 regarding federalism, and has determined that the
proposed rule does not have federalism implications. The rule will 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.''
Small Business Regulatory Enforcement Fairness Act of 1996
This proposed rule is not a major rule as defined by section 804 of
the Small Business Regulatory Enforcement Fairness Act of 1996. This
rule will not result in an annual effect on the economy of $100,000,000
or more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based companies to
compete with foreign-based companies in domestic and export markets.
List of Subjects
29 CFR Parts 401, 417, 451, and 452
Labor unions.
29 CFR Parts 402, 403, and 404
Labor unions, Labor union officers and employees, Reporting and
recordkeeping requirements.
29 CFR Parts 405 and 406
Labor management relations, Reporting and recordkeeping
requirements.
29 CFR Part 408
Labor unions, Reporting and recordkeeping requirements.
29 CFR Part 409
Insurance companies, Reporting and recordkeeping requirements.
29 CFR Part 453
Labor unions, Surety bonds.
29 CFR Parts 457, 458, and 459
Labor unions, Reporting and recordkeeping requirements,
Administrative practice and procedure.
For the reasons provided above, the Department of Labor amends
Chapter IV of Title 29 of the Code of Federal Regulations as set forth
below:
Chapter IV--Office of Labor-Management Standards, Department of Labor
Subchapter A--Labor-Management Standards
PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER
0
1. The authority citation for Part 401 is revised to read as follows:
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.
03-2012, 77 FR 69376, November 16, 2012; 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. 401.18 [Amended]
0
2. Section 401.18 is amended by removing ``Employment Standards
Administration''.
0
3. Section 401.19 is is revised to read as follows:
Sec. 401.19 Director.
``Director'' means the Director of the Office of Labor-Management
Standards, head of the Office of Labor-Management Standards.
PART 402--LABOR ORGANIZATION INFORMATION REPORTS
0
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. 03-2012, 77 FR 69376, November
16, 2012.
Sec. 402.2 [Amended]
0
5. Section 402.2 is amended by revising the term ``Assistant
Secretary'' to read ``Secretary'' in the first sentence.
Sec. 402.13 [Amended]
0
6. Section 402.13 is revised by removing OMB control number 1215-0188
and adding, in its place, OMB control number 1245-0003.
PART 403--LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS
0
7. 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. 03-2012, 77 FR
69376, November 16, 2012.
Sec. 403.2 [Amended]
0
8. In Sec. 403.2, paragraph (b) is amended by removing the two
references to ``Assistant Secretary'' and adding in their place the
word ``Secretary''.
Sec. 403.11 [Amended]
0
9. Section 403.11 is amended by removing OMB control number 1215-0188
and adding in its place OMB control number 1245-0003.
PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS
0
10. 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. 03-2012, 77 FR 69376, November
16, 2012.
Sec. 404.2 [Amended]
0
11. Section 404.2 is amended by removing the reference to ``Assistant
Secretary'' and adding in its place the word ``Secretary''.
Sec. 404.9 [Amended]
0
12. Section 404.9 is amended by removing OMB control number 1215-0188
and adding, in its place, OMB control number 1245-0003.
PART 405--EMPLOYER REPORTS
0
13. The authority citation for Part 405 is revised to read as follows:
[[Page 8025]]
Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C.
433, 437, 438); Secretary's Order No. 03-2012, 77 FR 69376, November
16, 2012.
Sec. 405.2 [Amended]
0
14. Section 405.2 is amended by removing the reference to ``Assistant
Secretary'' and adding, in its place, the word ``Secretary''.
Sec. 405.11 [Amended]
0
15. Section 405.11 is amended by removing OMB control number 1215-0188
and adding, in its place, OMB control number 1245-0003.
PART 406--REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER
PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS
0
16. 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. 03-2012, 77 FR 69376, November
16, 2012.
Sec. 406.10 [Amended]
0
17. Section 406.10 is amended by removing OMB control number 1215-0188
and adding, in its place, OMB control number 1245-0003.
PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS
0
18. The authority citation for Part 408 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. 03-2012, 77 FR 69376, November
16, 2012.
Sec. 408.13 [Amended]
0
19. Section 408.13 is amended by removing OMB control number 1215-0188
and adding, in its place, OMB control number 1245-0003.
PART 409--REPORTS BY SURETY COMPANIES
0
20. 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. 03-2012, 77 FR 69376,
November 16, 2012.
Sec. 409.7 [Amended]
0
21. Section 409.7 is amended by removing OMB control number 1215-0188
and adding, in its place, OMB control number 1245-0003.
PART 417--PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION
OFFICERS
0
22. 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. 03-2012, 77 FR 69376, November 16, 2012;
Secretary's Order No. 02-2012, 77 FR 69378, November 16, 2012.
Sec. 417.2 [Amended]
0
23. Section 417.2 is amended by removing the reference to ``Employment
Standards Administration'' in paragraph (a).
Sec. 417.4 [Amended]
0
24. Section 417.4 is amended by removing the references to ``Assistant
Secretary'' and adding in their place the term ``Director'' in
paragraphs (b)(1)(ii) and (b)(2).
Sec. 417.6 [Amended]
0
25. Section 417.6 is amended by removing the four references to
``Assistant Secretary'' and adding in their place the term ``Director''
in the undesignated paragraph following paragraph (m).
Sec. 417.7 [Amended]
0
26. Section 417.7 is amended by removing the reference to ``Assistant
Secretary'' and adding in its place the term ``Director''.
Sec. 417.9 [Amended]
0
27. Section 417.9 is amended by removing the reference to ``Assistant
Secretary'' and adding in its place the term ``Director'' in paragraph
(c).
Sec. 417.13 [Amended]
0
28. Section 417.13 is amended by removing the reference to ``Assistant
Secretary'' and adding in its place ``Administrative Review Board.''
Sec. 417.14 [Amended]
0
29. Section 417.14(a) and (b) is amended by removing the references to
``Assistant Secretary'' and adding in their place ``Administrative
Review Board'' in the heading, and in six places in the text.
Sec. 417.15 [Amended]
0
30. Section 417.15 is amended by removing the references to ``Assistant
Secretary'' and adding in their place ``Administrative Review Board''
in the heading, and in one place in the text.
Sec. 417.16 [Amended]
0
31. Section 417.16(a) is amended by removing reference to ``Assistant
Secretary'' and adding in its place ``Administrative Review Board'' in
one place in the text.
Sec. 417.17 [Amended]
0
32. Section 417.17 is amended by removing the reference to ``Assistant
Secretary'' and adding in its place the term ``Director''.
Sec. 417.19 [Amended]
0
33. Section 417.19 is amended by removing the reference to ``Assistant
Secretary's'' in the heading and the third sentence and adding in its
place the term ``Director's'' and removing ``Assistant Secretary'' in
the first sentence and adding in its place ``Director''.
Sec. 417.21 [Amended]
0
34. Section 417.21 is amended by removing the two references to
``Assistant Secretary'' and adding in its place the term ``Director''.
Sec. 417.23 [Amended]
0
35. Section 417.23 is amended by removing the reference to ``Assistant
Secretary'' in the section heading and the first sentence and adding in
their place the term ``Director'' and removing the reference to
``Assistant Secretary's'' in the first sentence and adding in its place
``Director's''.
Sec. 417.24 [Amended]
0
36. Section 417.24 is amended by removing the references to ``Assistant
Secretary'' in the section heading and paragraphs (a) and (b) and
adding in their place the term ``Director'' and removing the reference
to ``Assistant Secretary's'' in the first sentence of paragraph (a) and
adding in its place the term ``Director's''.
Sec. 417.25 [Amended]
0
37. Section 417.25 is amended by removing the reference to ``Assistant
Secretary'' and adding in its place the term ``Director'' and removing
the reference to ``Assistant Secretary's'' and adding in its place the
term ``Director's''.
PART 451--LABOR ORGANIZATIONS AS DEFINED IN THE LABOR-MANAGEMENT
REPORTING AND DISCLOSURE ACT OF 1959
0
38. 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. 03-2012, 77 FR 69376, November
16, 2012.
[[Page 8026]]
Sec. 451.1 [Amended]
0
39. Section 451.1(c) is amended by removing the five references to
``Assistant Secretary'' and adding in their place, the word
``Director''.
PART 452--GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
0
40. 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. 03-2012, 77 FR 69376, November 16, 2012.
Sec. 452.1 [Amended]
0
41. Section 452.1(b) is amended by removing the four references to
``Assistant Secretary'' and adding in their place, the word
``Director''.
Sec. 452.6 [Amended]
0
42. Section 452.6 is amended by removing the reference to ``Assistant
Secretary'' and adding, in its place, the word ``Director''.
PART 453--GENERAL STATEMENT CONCERNING THE BONDING REQUIREMENTS OF
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
0
43. 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. 03-2012, 77 FR 69376, November 16, 2012.
Sec. 453.1 [Amended]
0
44. Section 453.1 is amended by removing the reference to ``Assistant
Secretary'' and adding, in their place, the word ``Director'' in
paragraph (a) and the four references in paragraph (b).
Subchapter B--Standards of Conduct
PART 457--GENERAL
0
45. The authority citation for Part 457 is revised to read as follows:
Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117; 2 U.S.C.
1351(a)(1); Secretary's Order No. 03-2012, 77 FR 69376, November 16,
2012; Secretary's Order No. 02-2012, 77 FR 69378, November 16, 2012.
Sec. 457.1 [Amended]
0
46. Section 457.1 is amended by removing the reference to ``Assistant
Secretary'' and adding, in its place, the word ``Director''.
Sec. 457.13 [Amended]
0
47. Section 457.13 is revised to as follows:
Sec. 457.13 Director.
Director means the Director of the Office of Labor-Management
Standards, head of the Office of Labor-Management Standards.\2\
\2\ Pursuant to Secretary of Labor's Orders No. 02-2012, 77 FR
69378 (November 16, 2012), and 03-2012, 77 FR 69376 (November 16,
2012), the Director of the Office of Labor-Management Standards has
certain responsibilities and authority for implementing the standards
of conduct provisions of the CSRA and the FSA.
0
48. Section 457.15 is revised to read as follows:
Sec. 457.15 District Director.
District Director means the Director of a district office within
the Office of Labor-Management Standards.
0
49. Section 457.16 is revised to read as follows:
Sec. 457.16 Chief, DOE.
Chief, DOE means the Chief of the Division of Enforcement within
the Office of Labor-Management Standards.
Sec. 457.19 [Amended]
0
50. Section 457.19(c) is amended by removing the reference to
``Assistant Secretary'' and adding, in its place, the word
``Director''.
Sec. 457.20 [Amended]
0
51. Section 457.20 is amended by removing the reference to ``Assistant
Secretary'' and adding, in its place, the word ``Director''.
PART 458--STANDARDS OF CONDUCT
0
52. The authority citation for Part 458 is revised to read as follows:
Authority: 5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107,
4111, 4117; 2 U.S.C. 1351(a)(1); Secretary's Order No. 03-2012, 77
FR 69376, November 16, 2012; Secretary's Order No. 02-2012, 77 FR
69378, November 16, 2012.
Sec. 458.1 [Amended]
0
53. Section 458.1 is amended by removing the reference to ``Assistant
Secretary'' and adding, in its place, the word ``Director''.
Sec. 458.4 [Amended]
0
54. Section 458.4(c) is amended by removing the following parenthetical
text: ``(available on the OLMS Web site at https://www.dol.gov/esa/regs/compliance/olms/CSRAFactSheet.pdf for the pdf version and https://www.dol.gov/esa/regs/compliance/olms/CSRA FactSheet.htm for the html
version),'' and adding in its place, ``(available on the OLMS Web site
at https://www.dol.gov/olms.)''
Sec. 458.35 [Amended]
0
55. Section 458.35 is amended by removing the reference to ``Assistant
Secretary,'' and adding in their place, the term ``Director''.
Sec. 458.36 [Amended]
0
56. Section 458.36 is amended by removing the two references to
``Assistant Secretary,'' and adding in their place, the term
``Director''.
Sec. 458.59 [Amended]
0
57. Section 458.59 is amended by removing the two references to
``Assistant Secretary,'' and adding in their place, the term
``Director''.
Sec. 458.64 [Amended]
0
58. Section 458.64 is amended by removing the reference to ``Assistant
Secretary,'' and adding in their place, the term ``Director'' in
paragraph (c).
Sec. 458.65 [Amended]
0
59. Section 458.65 is amended by removing the references to ``Assistant
Secretary,'' and adding in their place, the term ``Director'' in
paragraphs (b) and (c).
Sec. 458.66 [Amended]
0
60. Section 458.66 is amended by removing the references to ``Assistant
Secretary,'' and adding in their place, the term ``Director'' in
paragraph (c).
Sec. 458.70 [Amended]
0
61. Section 458.70 is amended by removing the two references to
``Assistant Secretary'' and adding in their place, ``Administrative
Review Board''.
Sec. 458.72 [Amended]
0
62. Section 458.72 is amended by removing the reference to ``Assistant
Secretary'' and adding in their place, ``Administrative Review Board''
in paragraph (b).
Sec. 458.76 [Amended]
0
63. Section 458.76 is amended by removing the reference to ``Assistant
Secretary'' and adding in their place, ``Administrative Review Board''
in the introductory text.
Sec. 458.81 [Amended]
0
64. Section 458.81 is amended by removing the two references to
``Assistant Secretary'' and adding in
[[Page 8027]]
their place, ``Administrative Review Board'' in paragraph (b).
Sec. 458.82 [Amended]
0
65. Section 458.82 is amended by removing the three references to
``Assistant Secretary'' and adding in their place, ``Administrative
Review Board''.
Sec. 458.88 [Amended]
0
66. Section 458.88 is amended by removing the references in the section
heading and paragraphs (b) and (c) to ``Assistant Secretary'' and
adding in their place, ``Administrative Review Board''.
Sec. 458.90 [Amended]
0
67. Section 458.90 is amended by removing the reference to ``Assistant
Secretary'' and adding in their place, ``Administrative Review Board''
in paragraph (b).
Sec. 458.91 [Amended]
0
68. Section 458.91 is revised to read as follows:
Sec. 458.91 Action by the Administrative Review Board.
(a) After consideration of the Administrative Law Judge's
recommended decision and order, the record, and any exceptions filed,
the Administrative Review Board shall issue its decision affirming or
reversing the Administrative Law Judge, in whole, or in part, or making
such other disposition of the matter as it deems appropriate: Provided,
however, That unless exceptions are filed which are timely and in
accordance with Sec. 458.89, the Administrative Review Board may, at
its discretion, adopt without discussion the recommended decision and
order of the Administrative Law Judge, as contained in his recommended
decision and order, shall, upon appropriate notice to the parties,
automatically become the decision of the Administrative Review Board.
(b) Upon finding a violation of the CSRA, FSA or this part, the
Administrative Review Board may order respondent to cease and desist
from such violative conduct and may require the respondent to take such
affirmative action as it deems appropriate to effectuate the policies
of the CSRA or FSA.
(c) Upon finding no violation of the CSRA, FSA or this part, the
Administrative Review Board shall dismiss the complaint.
0
69. Section 458.92 is revised to read as follows:
Sec. 458.92 Compliance with decisions and orders of the
Administrative Review Board.
When remedial action is ordered, the respondent shall report to the
Director, within a specified period, that the required remedial action
has been effected. When the Director finds that the required remedial
action has not been effected, he shall refer the matter for appropriate
action to the Federal Labor Relations Authority (in the case of labor
organizations covered by the CSRA), the Foreign Service Labor Relations
Board (in the case of labor organizations covered by the FSA), or the
Board of Directors of the Office of Compliance (in the case of labor
organizations covered by the Congressional Accountability Act).
0
70. Section 458.93 is revised to read as follows:
Sec. 458.93 Stay of remedial action.
In cases involving violations of this part, the Administrative
Review Board may direct, subject to such conditions at it deems
appropriate, that the remedial action ordered by stayed.
PART 459--MISCELLANEOUS
0
71. The authority citation for Part 459 is revised to read as follows:
Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117; 2 U.S.C.
1351(a)(1); Secretary's Order No. 03-2012, 77 FR 69376, November 16,
2012.
Sec. 459.1 [Amended]
0
72. Section 459.1 is amended by removing the reference to ``Assistant
Secretary,'' and adding in their place, the word ``Director''.
Sec. 459.4 [Amended]
0
73. Section 459.4 is amended by removing the reference to ``Assistant
Secretary,'' and adding in their place, the word ``Director'' in
paragraph (b).
Sec. 459.5 [Amended]
0
74. Section 459.5 is amended by removing the reference to ``Assistant
Secretary,'' and adding in their place, the word ``Director'' in
paragraph (b).
Subchapter D--Notification of Employee Rights Under Federal Labor
Laws
PART 471--OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS;
NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS
0
75. The authority citation for Part 471 is revised to read as follows:
Authority: 40 U.S.C. 101 et seq.; Executive Order 13496, 74 FR
6107, February 4, 2009; Secretary's Order No. 7-2009, 74 FR 58834,
November 13, 2009; Secretary's Order No. 03-2012, 77 FR 69376,
November 16, 2012.
Signed in Washington, DC, this 26th day of November, 2012.
John Lund,
Director, Office of Labor-Management Standards.
[FR Doc. 2013-01020 Filed 2-4-13; 8:45 am]
BILLING CODE 4510-CP-P
