Electronic Filing of Reconsideration Requests by Railroad Employers, 42517-42518 [05-14227]

Download as PDF Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Proposed Rules whichever occurs first. Use paragraph 3.A.(1) of the Accomplishment Instructions of RRD MSB Tay–72–1483, Revision 2, dated October 20, 2000, to do the inspections. If damage is observed on the stage 12 rotor disc, remove the engine from service. OGV Retaining Bolt Replacement (h) For engines that had OGV bolts replaced with new bolts P/Ns BLT3602, DU909, and DU818 as specified in RRD SB Tay–72–1484, dated November 15, 1999, or Revision 1, dated December 17, 1999, the initial and repetitive inspection requirements, based on engine cycles-sincebolt installation, are the same as specified in paragraphs (f) and (g) of this AD. Terminating Action (i) As terminating action for the inspections required by this AD, do the following: (1) Before November 1, 2007 for Tay 650– 15 engines, and before October 1, 2012 for Tay 651–54 engines, remove from service the parts listed in the following Table 1: TABLE 1.—PARTS TO BE REMOVED FROM SERVICE Part No. Part name JR12314A ...... EU57842A ...... EU57843A ...... JR30962A ...... JR30568A ...... KB7106 .......... EU12042 ........ DU818 ............ HPT Rotor Inner Seal Support Assembly. HP Compressor Outlet Guide Vane 5-Span. HP Compressor Outlet Guide Vane 6-Span. HP Rotor Thrust Bearing Housing Assembly. Diffuser Case Assembly. Tab Washer. Retaining Lock Plate. Hex Head Bolt. (2) Information on removing these parts from service can be found in RRD MSB Tay– 72–1498, dated October 20, 2000, or RRD MSB Tay–72–1498, Revision 1, dated December 1, 2000, or RRD SB Tay–72–1498, Revision 2, dated December 31, 2004. (j) After performing the actions specified in paragraph (i) of this AD, the inspections specified in paragraphs (f) through (h) of this AD are no longer required. Alternative Methods of Compliance (k) The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information (l) Luftfhart Bundesamt airworthiness directive D–2004–365, dated January 31, 2005, also addresses the subject of this AD. Issued in Burlington, Massachusetts, on July 18, 2005. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 05–14574 Filed 7–22–05; 8:45 am] BILLING CODE 4910–13–P VerDate jul<14>2003 15:00 Jul 22, 2005 Jkt 205001 RAILROAD RETIREMENT BOARD 20 CFR Part 320 RIN 3220–AB58 Electronic Filing of Reconsideration Requests by Railroad Employers Railroad Retirement Board. Proposed rule. AGENCY: ACTION: SUMMARY: The Railroad Retirement Board (Board) proposes to amend its regulations to include the option of electronic filing by railroad employers of requests for reconsideration of initial decisions under the Railroad Unemployment Insurance Act (RUIA). Part 320 currently requires that reconsideration requests be submitted in writing. The proposed rule would allow reconsideration requests to be made by railroad employers either in writing or electronically. In addition, §§ 320.10(c) and 320.10(d) inadvertently contain inaccurate references. This proposed rule would correct those references. DATES: Submit comments on or before September 23, 2005. ADDRESSES: Address any comments concerning this proposed rule to Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611– 2092. FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant General General Counsel, (312) 751–4945, TTD (312) 751–4701. SUPPLEMENTARY INFORMATION: Part 320 of the Board’s regulations deals generally with administrative review of initial determinations of claims or requests for waiver of recovery of overpayments under the Railroad Unemployment Insurance Act (RUIA). Currently, the regulations require all requests for reconsideration of initial decisions to be made in writing. The proposed rule would allow railroad employers to use updated technology, such as computers and e-mail, to request reconsideration of an initial decision. Specifically, the Board proposes to amend section 320.10(a) to allow railroad employers to file requests for reconsideration under the RUIA via an electronic program that has been approved by the agency. In addition, the proposed rule would amend section 320.10(c) to change the incorrect references to ‘‘§ 310.12’’ to the correct references of ‘‘§ 320.12’’ in the last two sentences of this section. Section 320.10(d) is proposed to be amended to change the incorrect reference to ‘‘§ 310.5’’ to the correct reference of ‘‘§ 320.5’’ in the first sentence of this section. This section PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 42517 would also be amended to provide that a railroad employer’s request for reconsideration can be made in writing or electronically. Collection of Information Requirements There is an information collection impacted by the proposed rule: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Railroad Retirement Board (Board) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval. Summary of Proposal(s): (1) Collection Title: RUIA Claims Notification System. (2) Form(s) Submitted: ID–4K, ID–4K (Internet), ID–4E, ID–4E (Internet). (3) OMB Number: 3220–0171. (4) Expiration Date of Current OMB Clearance: 9/30/2005. (5) Type of Request: Revision of a currently approved collection. (6) Respondents: Business or other for-profit. (7) Estimated Annual Number of Respondents: 669. (8) Total Annual Responses: 18,700. (9) Total Annual Reporting Hours: 339. (10) Collection Description: Section 5(b) of the RUIA requires that effective January 1, 1990, ‘‘* * * when a claim for benefits is filed with the Board, the Board shall provide notice of such claim to the claimant’s base-year employer or employers and afford such employer or employers an opportunity to submit information relevant to the claim before making an initial determination on the claim. When the Board initially determines to pay benefits to a claimant under this Act, the Board shall provide notice of such determination to the claimant’s base-year employer or employers.’’ The purpose of the RUIA Claims Notification System is to provide to every unemployment and sickness claimant’s base-year employer or current employer, notice of each claim for benefits under the RUIA and to provide an opportunity for employers to convey information relevant to the proper adjudication of the claim. Railroad employers currently receive notice of applications and claims by one of two options. The first option, Form ID–4K, is a computer generated form letter notice of all unemployment applications, unemployment claims and sickness claims received from employees of a railroad company on a particular day. Forms Letters ID–4K are mailed on a daily basis to officials designated by railroad employers. E:\FR\FM\25JYP1.SGM 25JYP1 42518 Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Proposed Rules The second option is an Electronic Data Interchange (EDI) version of the Form Letter ID–4K notice. EDI notices of applications are transmitted to participating railroads on a daily basis, generally on the same day that unemployment applications and unemployment and sickness claims are received. Railroad employers can respond to Board notices of applications and claims manually by mailing a completed ID–4K back to the Board or electronically via EDI. No changes are being proposed to Form ID–4K. However, the Board is proposing the establishment of a third option, an Internet equivalent ID–4K which will provide for the required notification by the Board and response from railroad employers through the Board’s Internetbased Employer Reporting System. Completion is voluntary. Upon receipt of notice the Board has allowed a claim, either in whole or in part, the claimant’s base-year employer (s) may request a review of the determination to pay benefits, if the employers believe the determination is incorrect. The Board will utilize proposed Form Letter ID–4E, Notice of RUIA Claim Determinations and a proposed Internet equivalent ID–4E to notify base-year employers when the Board has made a determination to pay benefits and to allow them to request the Board to review the determination. Form Letter ID–4E will be mailed on a daily basis to officials designated by railroad employers. The Internet equivalent option of the ID–4E notice will be sent to participating railroads via the Internet on a daily basis, generally on the same day that the claims are approved for payment. Railroad employers will be able to request that the Board review the determination by either filing a completed ID–4E with the Board by Mail or via the Internet. Completion is voluntary. ESTIMATE OF ANNUAL RESPONDENT BURDEN Annual responses Table ID–4K ID–4K ID–4K ID–4E ID–4E Time (min) Burden hours (Manual) ............................................................................................................................ (EDI) ................................................................................................................................. (Internet) ........................................................................................................................... (Manual) ............................................................................................................................ (Internet) ........................................................................................................................... 1,250 14,850 2,500 75 25 2 (1) 2 2 2 42 210 83 3 1 Total ...................................................................................................................................... 18,700 ........................ 339 1 The burden for the 5 participating employers who transmit EDI responses is calculated at 10 minutes each per day, 251 workdays a year or 210 total hours of burden. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the Board’s estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please contact the Board Clearance Officer at (312) 751– 3363 or Charles.Mierzwa@rrb.gov. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 N. Rush Street, Chicago, Illinois 60611–2092 or Ronald.Hodapp@rrb.gov and to the OMB Desk Officer for the Board, at the Office of Management and Budget, Room 10230, New Executive Office Building, Washington DC 20503. Comments can be received from 30 days of publication up to the close of the rules comment period but comment to OMB will be most useful if received by VerDate jul<14>2003 15:00 Jul 22, 2005 Jkt 205001 OMB within 30 days of publication of this notice. § 320.10 Reconsideration of initial determination. List of Subjects in 20 CFR Part 320 (a) * * * A railroad employer may fulfill the written request requirement by using an electronic system that has been approved by the agency in the manner prescribed by the agency. * * * * * (d) Right to further review of initial determination. The right to further review of a determination made under § 320.5 or § 320.9 of this part shall be forfeited unless a written request for reconsideration is filed within the time period prescribed in this section or good cause is shown by the party requesting reconsideration for failing to file a timely request for reconsideration. A railroad employer may fulfill the written request requirement by using an electronic system approved by the agency in the manner prescribed by the agency. * * * * * Administrative practice and procedure, Claims, Railroad unemployment insurance, Reporting and recordkeeping requirements. For the reasons set out in the preamble, the Railroad Retirement Board proposes to amend title 20, chapter II, subchapter C, part 320 of the Code of Federal Regulations as follows: PART 320—INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS 1. The authority citation for part 320 continues to read as follows: Authority: 45 U.S.C. 355 and 362(l). 2. Section 320.10 is amended as follows: a. Add a new sentence at the end of paragraph (a); b. Amend paragraph (c) by removing the reference to ‘‘§ 310.12’’ and adding a reference to ‘‘§ 320.12’’ in its place wherever it appears; and c. Revise paragraph (d). The addition and revision read as follows: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Dated: July 15, 2005. By Authority of the Board. Beatrice Ezerski, Secretary to the Board. [FR Doc. 05–14227 Filed 7–22–05; 8:45 am] BILLING CODE 7905–01–P E:\FR\FM\25JYP1.SGM 25JYP1

Agencies

[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Proposed Rules]
[Pages 42517-42518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14227]


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RAILROAD RETIREMENT BOARD

20 CFR Part 320

RIN 3220-AB58


Electronic Filing of Reconsideration Requests by Railroad 
Employers

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations to include the option of electronic filing by railroad 
employers of requests for reconsideration of initial decisions under 
the Railroad Unemployment Insurance Act (RUIA). Part 320 currently 
requires that reconsideration requests be submitted in writing. The 
proposed rule would allow reconsideration requests to be made by 
railroad employers either in writing or electronically. In addition, 
Sec. Sec.  320.10(c) and 320.10(d) inadvertently contain inaccurate 
references. This proposed rule would correct those references.

DATES: Submit comments on or before September 23, 2005.

ADDRESSES: Address any comments concerning this proposed rule to 
Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 
844 North Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General General Counsel, (312) 751-4945, TTD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Part 320 of the Board's regulations deals 
generally with administrative review of initial determinations of 
claims or requests for waiver of recovery of overpayments under the 
Railroad Unemployment Insurance Act (RUIA). Currently, the regulations 
require all requests for reconsideration of initial decisions to be 
made in writing. The proposed rule would allow railroad employers to 
use updated technology, such as computers and e-mail, to request 
reconsideration of an initial decision. Specifically, the Board 
proposes to amend section 320.10(a) to allow railroad employers to file 
requests for reconsideration under the RUIA via an electronic program 
that has been approved by the agency.
    In addition, the proposed rule would amend section 320.10(c) to 
change the incorrect references to ``Sec.  310.12'' to the correct 
references of ``Sec.  320.12'' in the last two sentences of this 
section.
    Section 320.10(d) is proposed to be amended to change the incorrect 
reference to ``Sec.  310.5'' to the correct reference of ``Sec.  
320.5'' in the first sentence of this section. This section would also 
be amended to provide that a railroad employer's request for 
reconsideration can be made in writing or electronically.

Collection of Information Requirements

    There is an information collection impacted by the proposed rule:
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the Railroad Retirement Board (Board) has submitted the 
following proposal(s) for the collection of information to the Office 
of Management and Budget for review and approval.
    Summary of Proposal(s):
    (1) Collection Title: RUIA Claims Notification System.
    (2) Form(s) Submitted: ID-4K, ID-4K (Internet), ID-4E, ID-4E 
(Internet).
    (3) OMB Number: 3220-0171.
    (4) Expiration Date of Current OMB Clearance: 9/30/2005.
    (5) Type of Request: Revision of a currently approved collection.
    (6) Respondents: Business or other for-profit.
    (7) Estimated Annual Number of Respondents: 669.
    (8) Total Annual Responses: 18,700.
    (9) Total Annual Reporting Hours: 339.
    (10) Collection Description: Section 5(b) of the RUIA requires that 
effective January 1, 1990, ``* * * when a claim for benefits is filed 
with the Board, the Board shall provide notice of such claim to the 
claimant's base-year employer or employers and afford such employer or 
employers an opportunity to submit information relevant to the claim 
before making an initial determination on the claim. When the Board 
initially determines to pay benefits to a claimant under this Act, the 
Board shall provide notice of such determination to the claimant's 
base-year employer or employers.''
    The purpose of the RUIA Claims Notification System is to provide to 
every unemployment and sickness claimant's base-year employer or 
current employer, notice of each claim for benefits under the RUIA and 
to provide an opportunity for employers to convey information relevant 
to the proper adjudication of the claim. Railroad employers currently 
receive notice of applications and claims by one of two options. The 
first option, Form ID-4K, is a computer generated form letter notice of 
all unemployment applications, unemployment claims and sickness claims 
received from employees of a railroad company on a particular day. 
Forms Letters ID-4K are mailed on a daily basis to officials designated 
by railroad employers.

[[Page 42518]]

    The second option is an Electronic Data Interchange (EDI) version 
of the Form Letter ID-4K notice. EDI notices of applications are 
transmitted to participating railroads on a daily basis, generally on 
the same day that unemployment applications and unemployment and 
sickness claims are received. Railroad employers can respond to Board 
notices of applications and claims manually by mailing a completed ID-
4K back to the Board or electronically via EDI. No changes are being 
proposed to Form ID-4K. However, the Board is proposing the 
establishment of a third option, an Internet equivalent ID-4K which 
will provide for the required notification by the Board and response 
from railroad employers through the Board's Internet-based Employer 
Reporting System. Completion is voluntary.
    Upon receipt of notice the Board has allowed a claim, either in 
whole or in part, the claimant's base-year employer (s) may request a 
review of the determination to pay benefits, if the employers believe 
the determination is incorrect. The Board will utilize proposed Form 
Letter ID-4E, Notice of RUIA Claim Determinations and a proposed 
Internet equivalent ID-4E to notify base-year employers when the Board 
has made a determination to pay benefits and to allow them to request 
the Board to review the determination. Form Letter ID-4E will be mailed 
on a daily basis to officials designated by railroad employers. The 
Internet equivalent option of the ID-4E notice will be sent to 
participating railroads via the Internet on a daily basis, generally on 
the same day that the claims are approved for payment. Railroad 
employers will be able to request that the Board review the 
determination by either filing a completed ID-4E with the Board by Mail 
or via the Internet. Completion is voluntary.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                              Table                                  responses      Time (min)     Burden hours
----------------------------------------------------------------------------------------------------------------
ID-4K (Manual)..................................................           1,250               2              42
ID-4K (EDI).....................................................          14,850           (\1\)             210
ID-4K (Internet)................................................           2,500               2              83
ID-4E (Manual)..................................................              75               2               3
ID-4E (Internet)................................................              25               2               1
                                                                 -----------------
    Total.......................................................          18,700  ..............            339
----------------------------------------------------------------------------------------------------------------
\1\ The burden for the 5 participating employers who transmit EDI responses is calculated at 10 minutes each per
  day, 251 workdays a year or 210 total hours of burden.

    Comments are invited on: (a) Whether the proposed information 
collection is necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility; 
(b) the accuracy of the Board's estimate of the burden of the 
collection of the information; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden related to the collection of information on 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    To request more information or to obtain a copy of the information 
collection justification, forms, and/or supporting material, please 
contact the Board Clearance Officer at (312) 751-3363 or 
Charles.Mierzwa@rrb.gov. Comments regarding the information collection 
should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 
N. Rush Street, Chicago, Illinois 60611-2092 or Ronald.Hodapp@rrb.gov 
and to the OMB Desk Officer for the Board, at the Office of Management 
and Budget, Room 10230, New Executive Office Building, Washington DC 
20503. Comments can be received from 30 days of publication up to the 
close of the rules comment period but comment to OMB will be most 
useful if received by OMB within 30 days of publication of this notice.

List of Subjects in 20 CFR Part 320

    Administrative practice and procedure, Claims, Railroad 
unemployment insurance, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend title 20, chapter II, subchapter C, part 320 of 
the Code of Federal Regulations as follows:

PART 320--INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

    1. The authority citation for part 320 continues to read as 
follows:

    Authority: 45 U.S.C. 355 and 362(l).

    2. Section 320.10 is amended as follows:
    a. Add a new sentence at the end of paragraph (a);
    b. Amend paragraph (c) by removing the reference to ``Sec.  
310.12'' and adding a reference to ``Sec.  320.12'' in its place 
wherever it appears; and
    c. Revise paragraph (d).
    The addition and revision read as follows:


Sec.  320.10  Reconsideration of initial determination.

    (a) * * * A railroad employer may fulfill the written request 
requirement by using an electronic system that has been approved by the 
agency in the manner prescribed by the agency.
* * * * *
    (d) Right to further review of initial determination. The right to 
further review of a determination made under Sec.  320.5 or Sec.  320.9 
of this part shall be forfeited unless a written request for 
reconsideration is filed within the time period prescribed in this 
section or good cause is shown by the party requesting reconsideration 
for failing to file a timely request for reconsideration. A railroad 
employer may fulfill the written request requirement by using an 
electronic system approved by the agency in the manner prescribed by 
the agency.
* * * * *

    Dated: July 15, 2005.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05-14227 Filed 7-22-05; 8:45 am]
BILLING CODE 7905-01-P
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