Electronic Filing of Settlement and Final Judgment Notices by Railroad Employers, 73176-73178 [05-23606]
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73176
Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules
methods would be more efficient than
conducting an in-person hearing and the
hearings officer does not determine that
there is a circumstance in the particular
case preventing the use of these
methodologies to conduct the hearing.
subchapter C, part 320 of the Code of
Federal Regulations as follows:
PART 260—REQUESTS FOR
RECONSIDERATION AND APPEALS
WITHIN THE BOARD
1. The authority citation for part 260
continues to read as follows:
Authority: 45 U.S.C. 231f; 45 U.S.C. 231g;
45 U.S.C. 355.
2. Revise paragraphs (i)(1), (i)(3) and
(l) of § 260.5 to read as follows:
§ 260.5 Appeal from a reconsideration
decision.
*
17:03 Dec 08, 2005
Jkt 208001
3. The authority citation for part 320
continues to read as follows:
Authority: 45 U.S.C. 355 and 362(l).
*
*
*
*
(i) Conduct of an oral hearing. (1) In
any case in which an oral hearing is to
be held, the hearings officer shall
schedule a time and place for the
conduct of the hearing. At the discretion
of the hearings officer, any hearing
required under this part may be held in
person, by telephone conference call, or
by video teleconferencing as described
in § 260.5(l). The hearing shall not be
open to the public. The hearings officer
shall promptly notify by mail the party
or parties to the proceeding as to the
time and place for the hearing. The
notice shall include a statement of the
specific issues involved in the case. The
hearings officer shall make every effort
to hold the hearing within 150 days
after the date the appeal is filed.
*
*
*
*
*
(3) The hearings officer shall rule on
any objection timely filed by a party
under paragraph (i) of this section and
shall notify the party of his or her ruling
thereon. The hearings officer may for
good cause shown, or upon his or her
own motion, reschedule the time and/or
place of the hearing. If an individual
objects to having a hearing by video
teleconferencing, the hearings officer
will find the individual’s wish not to
appear by video teleconferencing to be
a good reason for changing the time or
place of the scheduled hearing and will
reschedule the hearing for a time or
place where either a telephone
conference call or an in person hearing
will be held. The hearings officer may
also limit or expand the issues to be
resolved at the hearing.
*
*
*
*
*
(l) Hearing by telephone or video
teleconferencing. As stated in paragraph
(i)(1) of this section, at the discretion of
the hearings officer, any hearing
required under this part may be
conducted in person, by telephone
conference call, or by video
teleconferencing. The hearings officer
may determine the hearing should be
conducted by telephone conference call
or video teleconferencing if use of these
VerDate Aug<31>2005
PART 320—INITIAL DETERMINATIONS
UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT
AND REVIEWS OF AND APPEALS
FROM SUCH DETERMINATIONS
case preventing the use of these
methodologies to conduct the hearing.
Dated: November 30, 2005.
By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05–23607 Filed 12–8–05; 8:45 am]
BILLING CODE 7905–01–P
RAILROAD RETIREMENT BOARD
20 CFR Part 341
RIN 3220–AB60
4. Add a new first sentence to
paragraph (a) and revise paragraph (c) of
§ 320.22 to read as follows:
Electronic Filing of Settlement and
Final Judgment Notices by Railroad
Employers
§ 320.22
AGENCY:
Notice of hearing.
(a) Notification of parties. At the
discretion of the hearings officer, any
hearing required under this part may be
held in person, by telephone conference
call, or by video teleconferencing as
described in § 320.25(d). * * *
*
*
*
*
*
(c) Ruling on objection. The hearings
officer shall rule on any objection timely
filed by a party under this section and
shall notify the party of his or her ruling
thereon. The hearings officer may for
good cause shown, or upon his or her
own motion, reschedule the time and/or
place of the hearing. If an individual
objects to having a hearing by video
teleconferencing, the hearings officer
will find the individual’s wish not to
appear by video teleconferencing to be
a good reason for changing the time or
place of the scheduled hearing and will
reschedule the hearing for a time or
place where a telephone conference call
or an in person hearing will be held.
The hearings officer also may limit or
expand the issues to be resolved at the
hearing.
*
*
*
*
*
5. Revise § 320.25(d) to read as
follows:
§ 320.25
Hearing of appeal.
*
*
*
*
*
(d) Hearing by telephone or video
teleconferencing. As stated in
§ 320.22(a), at the discretion of the
hearings officer, any hearing required
under this part may be conducted in
person, by telephone conference call, or
by video teleconferencing. The hearings
officer may determine the hearing
should be conducted by telephone
conference call or video
teleconferencing if use of these methods
would be more efficient than
conducting an in person hearing and the
hearings officer does not determine that
there is a circumstance in the particular
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
ACTION:
Railroad Retirement Board.
Proposed rule.
SUMMARY: The Railroad Retirement
Board (Board) proposes to amend its
regulations to include the option of
electronic notification by railroad
employers of settlements and final
judgments based on an injury for which
sickness benefits have been paid under
the Railroad Unemployment Insurance
Act (RUIA). Part 341 currently requires
that notifications of settlements and
final judgments be submitted to the
Board in writing. The proposed rule
would allow these notifications to be
made by railroad employers either in
writing or by sending an electronic
message, e.g. via e-mail.
DATES: Submit comments on or before
February 7, 2006.
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
Counsel, (312) 751–4945, TTD (312)
751–4701.
SUPPLEMENTARY INFORMATION: Part 341 of
the Board’s regulations deals with the
notification of settlements and final
judgments based on an injury for which
sickness benefits have been paid under
the Railroad Unemployment Insurance
Act (RUIA). Currently, the regulations
require all individuals or companies to
make notifications of settlements and
final judgments in writing to the Board.
These revisions allow railroad
employers to also notify the Board
electronically in these instances, e.g. via
e-mail.
Section 341.6(a) is proposed to be
amended to allow railroad employers to
notify the Board, in writing or
E:\FR\FM\09DEP1.SGM
09DEP1
73177
Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules
electronically in the manner prescribed
by the agency, of a settlement or final
judgment based on an injury for which
the employee received sickness benefits.
In addition, the proposed rule would
amend sections 341.8(a) and 341.8(b) to
allow a railroad employer to notify the
Board electronically or in writing. Also,
sections 341.8(b) and (c) are proposed to
be amended to change the outdated
references of ‘‘Division of Claims
Operations’’ and ‘‘Bureau of
Unemployment and Sickness
Insurance’’ to the correct reference of
‘‘Sickness and Unemployment Benefits
Section’’.
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 (RRB) 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: Supplemental
Information on Accident and Insurance.
(2) Form(s) submitted: SI–1c, SI–5,
ID–3s, ID–3s–1, ID–3u, ID–30k, ID–30k–
1.
(3) OMB Number: 3220–0036.
(4) Expiration date of current OMB
clearance: 06/30/2008.
(5) Type of Request: Revision of a
currently approved collection.
(6) Respondents: Business or other
for-profit.
(7) Estimated annual number of
respondents: 10,000.
(8) Total annual responses: 28,500.
(9) Total annual reporting hours:
1,693.
(10) Collection description: The
Railroad Unemployment Insurance Act
(RUIA) provides for the recovery of
sickness benefits if an employee
receives a settlement for the same injury
for which benefits were paid. The
collection obtains information about the
person or company responsible for such
payments that is needed to determine
the RRB’s amount of entitlement.
Under Section 12(o) of the RUIA, the
Railroad Retirement Board is entitled to
reimbursement of the sickness benefits
paid to a railroad employee if the
employee receives a sum or damages for
the same infirmity for which the
benefits are paid. Section 2(f) of the
RUIA requires employers to reimburse
the RRB for days for which salary,
wages, pay for time lost or other
remuneration is later determined to be
payable. Reimbursements under section
2(f) generally result from the award of
pay for time lost or the payment of
guaranteed wages. The RUIA prescribes
that the amount of benefits paid be
deducted and held by the employer in
a special fund for reimbursement to the
RRB.
The RRB currently utilizes Form(s)
SI–1c, (Supplemental Information on
Accident and Insurance), SI–5 (Report
of Payments to Employee Claiming
Sickness Benefits Under the RUIA), ID–
3s (Request for Lien Information), ID–
3s–1, (Lien Information Under Section
12(o) of the RUIA), ID–3u (Request for
Section 2(f) Information), ID–30k (Form
Letter Asking Claimant for Additional
Information on Injury or Illness), and
ID–30k–1 (Request for Supplemental
Information on Injury or Illness-3rd
Party), to obtain the necessary
information from claimants and railroad
employers.
The RRB proposes to implement an Email equivalent of Form ID–3s and ID–
3u. No other changes are proposed to
the information collection. Completion
is required to obtain or retain benefits.
One response is requested of each
respondent.
Estimate of Annual Respondent Burden
The estimated annual respondent for
this collection is as follows:
Annual
responses
Form #(s)
Time
(minutes)
Burden
(hours)
SI–1c ............................................................................................................................................
SI–5 ..............................................................................................................................................
ID–3s ............................................................................................................................................
ID–3s (E-mail) ..............................................................................................................................
ID–3s.1 .........................................................................................................................................
ID–3u ...........................................................................................................................................
ID–3u (E-mail) ..............................................................................................................................
ID–30k ..........................................................................................................................................
ID–30k.1 .......................................................................................................................................
1,000
2,500
9,250
9,250
500
750
750
2,000
2,500
5
5
3
3
3
3
3
5
5
83
208
463
463
25
38
38
167
208
Total ......................................................................................................................................
28,500
........................
1,693
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 RRB’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
VerDate Aug<31>2005
17:03 Dec 08, 2005
Jkt 208001
RRB 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
North Rush Street, Chicago, Illinois
60611–2092 or Ronald.Hodapp@rrb.gov
and to the OMB Desk Officer for the
RRB, 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.
The Board, with the concurrence of
the Office of Management and Budget,
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
has determined that this is not a
significant regulatory action under
Executive Order 12866. Therefore, no
regulatory impact analysis is required.
The information collection is currently
approved under control number 3220–
0171; however, the proposed rule
impacts the information collection and
will be forwarded to OMB along with
the Notice of Proposed Rulemaking.
List of Subjects in 20 CFR Part 341
Railroad unemployment insurance,
Reporting and recordkeeping
requirements.
For the reasons set out in the
preamble, the Railroad Retirement
Board proposes to amend title 20,
E:\FR\FM\09DEP1.SGM
09DEP1
73178
Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules
chapter II, subchapter C, part 341 of the
Code of Federal Regulations as follows:
PART 341—STATUTORY LIEN WHERE
SICKNESS BENEFITS PAID
1. The authority citation for part 341
continues to read as follows:
Authority: 45 U.S.C. 362(o).
For the Board:
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05–23606 Filed 12–8–05; 8:45 am]
BILLING CODE 7905–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
2. Revise § 341.6(a) introductory text
to read as follows:
Food and Drug Administration
§ 341.6
21 CFR Parts 310 and 358
Report of settlement or judgment.
(a) When a person or company makes
a settlement or must satisfy a final
judgment based on an injury for which
the employee received sickness benefits,
the person or company shall notify the
Board of the settlement or final
judgment. That notice shall be in
writing and submitted within five days
of the settlement or final judgment. A
railroad employer may fulfill the written
notice requirement by sending an
electronic message in the manner
prescribed by the agency. That
notification shall contain:
*
*
*
*
*
3. Amend § 341.8 as follows:
a. Add a new sentence to the end of
paragraph (a);
b. Revise paragraph (b); and
c. Amend paragraph (c) by removing
the phrase ‘‘Division of Claims
Operations’’ and adding the phrase
‘‘Sickness and Unemployment Benefits
Section’’ in its place.
The additions and revisions read as
follows:
§ 341.8 Termination of sickness benefits
due to a settlement.
(a) * * * A railroad employer may
file the required report by sending an
electronic message in the manner
prescribed by the agency.
(b) A report of settlement shall be
made to the Sickness and
Unemployment Benefits Section and
shall include the information required
in § 341.6. Where the report is an oral
report, and the informant is neither the
employee nor his or her representative,
the informant shall be told that written
confirmation containing the information
called for by § 341.6 must be submitted
to the Board within 5 days from the date
of the oral report. A railroad employer
may fulfill the written report
requirement by sending an electronic
message in the manner prescribed by
the agency.
*
*
*
*
*
Dated: November 30, 2005.
By authority of the Board.
VerDate Aug<31>2005
17:03 Dec 08, 2005
Jkt 208001
[Docket No. 2005N–0448]
RIN 0910–AF49
Dandruff, Seborrheic Dermatitis, and
Psoriasis Drug Products Containing
Coal Tar and Menthol for Over-theCounter Human Use; Proposed
Amendment to the Monograph
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
SUMMARY: The Food and Drug
Administration (FDA) is issuing a
proposed rule to amend the final
monograph (FM) for over-the-counter
(OTC) dandruff, seborrheic dermatitis,
and psoriasis drug products to include
the combination of 1.8 percent coal tar
solution and 1.5 percent menthol in a
shampoo drug product to control
dandruff. FDA is issuing this proposed
rule after considering information
submitted in a citizen petition. This
proposal is part of FDA’s ongoing
review of OTC drug products.
DATES: Submit written or electronic
comments by March 9, 2006. See section
IX of this document for the proposed
effective date of any final rule that may
publish based on this proposal.
ADDRESSES: You may submit comments,
identified by Docket No. 2005N–0448
and RIN 0910–AF49, by any of the
following methods:
Electronic Submissions
Submit electronic comments in the
following ways:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: https://
www.fda.gov/dockets/ecomments.
Follow the instructions for submitting
comments on the agency Web site.
Written Submissions
Submit written submissions in the
following ways:
• FAX: 301–827–6870.
• Mail/Hand delivery/Courier [For
paper, disk, or CD–ROM submissions]:
Division of Dockets Management (HFA–
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.
To ensure more timely processing of
comments, FDA is no longer accepting
comments submitted to the agency by email. FDA encourages you to continue
to submit electronic comments by using
the Federal eRulemaking Portal or the
agency Web site, as described in the
Electronic Submissions portion of this
paragraph.
Instructions: All submissions received
must include the agency name and
Docket No. 2005N–0448. All comments
received may be posted without change
to https://www.fda.gov/ohrms/dockets/
default.htm, including any personal
information provided. For additional
information on submitting comments,
see the ‘‘Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.fda.gov/dockets/default.htm and
insert the docket number, found in
brackets in the heading of this
document, into the ‘‘Search’’ box and
follow the prompts and/or go to the
Division of Dockets Management, 5630
Fishers Lane, rm. 1061, Rockville, MD
20852.
FOR FURTHER INFORMATION CONTACT:
Michael L. Koenig, Center for Drug
Evaluation and Research (HFD–560),
Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,
301–827–2222.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of December 4,
1979 (44 FR 69768), FDA published an
advance notice of proposed rulemaking
(ANPR) to establish a monograph for
OTC external analgesic drug products.
The ANPR includes the
recommendations of the Advisory
Review Panel on OTC Topical
Analgesic, Antirheumatic, Otic, Burn,
and Sunburn Prevention and Treatment
Drug Products (the Topical Analgesic
Panel). The Topical Analgesic Panel
concluded that menthol is safe and
effective for use as an OTC external
antipruritic (anti-itch) ingredient in
concentrations of 1.0 percent or less and
as a topical counterirritant in
concentrations exceeding 1.25 percent
up to 16 percent. In the Federal Register
of February 8, 1983 (48 FR 5852), FDA’s
proposed monograph, or tentative final
monograph (TFM), for OTC external
analgesic drug products included
menthol as an antipruritic ingredient at
E:\FR\FM\09DEP1.SGM
09DEP1
]]>Agencies
[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Proposed Rules]
[Pages 73176-73178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23606]
-----------------------------------------------------------------------
RAILROAD RETIREMENT BOARD
20 CFR Part 341
RIN 3220-AB60
Electronic Filing of Settlement and Final Judgment Notices 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 notification by
railroad employers of settlements and final judgments based on an
injury for which sickness benefits have been paid under the Railroad
Unemployment Insurance Act (RUIA). Part 341 currently requires that
notifications of settlements and final judgments be submitted to the
Board in writing. The proposed rule would allow these notifications to
be made by railroad employers either in writing or by sending an
electronic message, e.g. via e-mail.
DATES: Submit comments on or before February 7, 2006.
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 Counsel, (312) 751-4945, TTD (312) 751-4701.
SUPPLEMENTARY INFORMATION: Part 341 of the Board's regulations deals
with the notification of settlements and final judgments based on an
injury for which sickness benefits have been paid under the Railroad
Unemployment Insurance Act (RUIA). Currently, the regulations require
all individuals or companies to make notifications of settlements and
final judgments in writing to the Board. These revisions allow railroad
employers to also notify the Board electronically in these instances,
e.g. via e-mail.
Section 341.6(a) is proposed to be amended to allow railroad
employers to notify the Board, in writing or
[[Page 73177]]
electronically in the manner prescribed by the agency, of a settlement
or final judgment based on an injury for which the employee received
sickness benefits. In addition, the proposed rule would amend sections
341.8(a) and 341.8(b) to allow a railroad employer to notify the Board
electronically or in writing. Also, sections 341.8(b) and (c) are
proposed to be amended to change the outdated references of ``Division
of Claims Operations'' and ``Bureau of Unemployment and Sickness
Insurance'' to the correct reference of ``Sickness and Unemployment
Benefits Section''.
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 (RRB) 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: Supplemental Information on Accident and
Insurance.
(2) Form(s) submitted: SI-1c, SI-5, ID-3s, ID-3s-1, ID-3u, ID-30k,
ID-30k-1.
(3) OMB Number: 3220-0036.
(4) Expiration date of current OMB clearance: 06/30/2008.
(5) Type of Request: Revision of a currently approved collection.
(6) Respondents: Business or other for-profit.
(7) Estimated annual number of respondents: 10,000.
(8) Total annual responses: 28,500.
(9) Total annual reporting hours: 1,693.
(10) Collection description: The Railroad Unemployment Insurance
Act (RUIA) provides for the recovery of sickness benefits if an
employee receives a settlement for the same injury for which benefits
were paid. The collection obtains information about the person or
company responsible for such payments that is needed to determine the
RRB's amount of entitlement.
Under Section 12(o) of the RUIA, the Railroad Retirement Board is
entitled to reimbursement of the sickness benefits paid to a railroad
employee if the employee receives a sum or damages for the same
infirmity for which the benefits are paid. Section 2(f) of the RUIA
requires employers to reimburse the RRB for days for which salary,
wages, pay for time lost or other remuneration is later determined to
be payable. Reimbursements under section 2(f) generally result from the
award of pay for time lost or the payment of guaranteed wages. The RUIA
prescribes that the amount of benefits paid be deducted and held by the
employer in a special fund for reimbursement to the RRB.
The RRB currently utilizes Form(s) SI-1c, (Supplemental Information
on Accident and Insurance), SI-5 (Report of Payments to Employee
Claiming Sickness Benefits Under the RUIA), ID-3s (Request for Lien
Information), ID-3s-1, (Lien Information Under Section 12(o) of the
RUIA), ID-3u (Request for Section 2(f) Information), ID-30k (Form
Letter Asking Claimant for Additional Information on Injury or
Illness), and ID-30k-1 (Request for Supplemental Information on Injury
or Illness-3rd Party), to obtain the necessary information from
claimants and railroad employers.
The RRB proposes to implement an E-mail equivalent of Form ID-3s
and ID-3u. No other changes are proposed to the information collection.
Completion is required to obtain or retain benefits. One response is
requested of each respondent.
Estimate of Annual Respondent Burden
The estimated annual respondent for this collection is as follows:
----------------------------------------------------------------------------------------------------------------
Annual
Form (s) responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
SI-1c........................................................... 1,000 5 83
SI-5............................................................ 2,500 5 208
ID-3s........................................................... 9,250 3 463
ID-3s (E-mail).................................................. 9,250 3 463
ID-3s.1......................................................... 500 3 25
ID-3u........................................................... 750 3 38
ID-3u (E-mail).................................................. 750 3 38
ID-30k.......................................................... 2,000 5 167
ID-30k.1........................................................ 2,500 5 208
-----------------
Total....................................................... 28,500 .............. 1,693
----------------------------------------------------------------------------------------------------------------
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 RRB'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 RRB 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
North Rush Street, Chicago, Illinois 60611-2092 or
Ronald.Hodapp@rrb.gov and to the OMB Desk Officer for the RRB, 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.
The Board, with the concurrence of the Office of Management and
Budget, has determined that this is not a significant regulatory action
under Executive Order 12866. Therefore, no regulatory impact analysis
is required. The information collection is currently approved under
control number 3220-0171; however, the proposed rule impacts the
information collection and will be forwarded to OMB along with the
Notice of Proposed Rulemaking.
List of Subjects in 20 CFR Part 341
Railroad unemployment insurance, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble, the Railroad Retirement
Board proposes to amend title 20,
[[Page 73178]]
chapter II, subchapter C, part 341 of the Code of Federal Regulations
as follows:
PART 341--STATUTORY LIEN WHERE SICKNESS BENEFITS PAID
1. The authority citation for part 341 continues to read as
follows:
Authority: 45 U.S.C. 362(o).
2. Revise Sec. 341.6(a) introductory text to read as follows:
Sec. 341.6 Report of settlement or judgment.
(a) When a person or company makes a settlement or must satisfy a
final judgment based on an injury for which the employee received
sickness benefits, the person or company shall notify the Board of the
settlement or final judgment. That notice shall be in writing and
submitted within five days of the settlement or final judgment. A
railroad employer may fulfill the written notice requirement by sending
an electronic message in the manner prescribed by the agency. That
notification shall contain:
* * * * *
3. Amend Sec. 341.8 as follows:
a. Add a new sentence to the end of paragraph (a);
b. Revise paragraph (b); and
c. Amend paragraph (c) by removing the phrase ``Division of Claims
Operations'' and adding the phrase ``Sickness and Unemployment Benefits
Section'' in its place.
The additions and revisions read as follows:
Sec. 341.8 Termination of sickness benefits due to a settlement.
(a) * * * A railroad employer may file the required report by
sending an electronic message in the manner prescribed by the agency.
(b) A report of settlement shall be made to the Sickness and
Unemployment Benefits Section and shall include the information
required in Sec. 341.6. Where the report is an oral report, and the
informant is neither the employee nor his or her representative, the
informant shall be told that written confirmation containing the
information called for by Sec. 341.6 must be submitted to the Board
within 5 days from the date of the oral report. A railroad employer may
fulfill the written report requirement by sending an electronic message
in the manner prescribed by the agency.
* * * * *
Dated: November 30, 2005.
By authority of the Board.
For the Board:
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05-23606 Filed 12-8-05; 8:45 am]
BILLING CODE 7905-01-P
