Requests for Reconsideration and Appeals Within the Board, 73175-73176 [05-23607]
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Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules
AD docket. See the ADDRESSES section
for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Gulfstream Aerospace Corporation: Docket
No. FAA–2005–23249; Directorate
Identifier 2005–NM–219–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 23, 2006.
Affected ADs
(b) None.
No Reporting Requirement
(g) Although the customer bulletins
referenced in this AD specify to submit
certain information to the manufacturer, this
AD does not include that requirement.
AMOCs
(h)(1) The Manager, Atlanta Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Issued in Renton, Washington, on
December 2, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–23832 Filed 12–8–05; 8:45 am]
BILLING CODE 4910–13–P
Applicability
(c) This AD applies to Gulfstream Model
GV–SP series airplanes, certificated in any
category; serial numbers 5044–5063
inclusive.
RAILROAD RETIREMENT BOARD
20 CFR Parts 260 and 320
Unsafe Condition
(d) This AD results from a report that an
airplane temporarily lost normal braking
function during landing rollout on a predelivery flight. We are issuing this AD to
prevent loss of normal braking function,
which could result in a runway overrun that
could cause injury to flightcrew or
passengers or damage to the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Inspection and Replacement If Necessary
(f) Within 90 days after the effective date
of this AD, inspect the anti-skid control unit
(ACU) in the right electronics equipment rack
to determine the serial number (S/N), in
accordance with the Accomplishment
Instructions of Gulfstream G500 Customer
Bulletin 17, dated August 12, 2005 (for
Model GV–SP (G500) series airplanes); or
Gulfstream G550 Customer Bulletin 17, dated
August 12, 2005 (for Model GV–SP (G550)
series airplanes); as applicable. If the S/N of
the ACU is in the affected range of S/N 355–
400 inclusive: Replace the ACU with a new
ACU having a S/N outside the affected range
VerDate Aug<31>2005
or with a serviceable ACU having a
reidentified S/N, in accordance with the
applicable customer bulletin.
Note 1: The Accomplishment Instructions
of the Gulfstream customer bulletins instruct
operators to contact Gulfstream if technical
assistance is required. However, any
deviation from the instructions provided in
the applicable customer bulletin must be
approved as an alternative method of
compliance under paragraph (h) of this AD.
17:03 Dec 08, 2005
Jkt 208001
RIN 3220–AB59
Requests for Reconsideration and
Appeals Within the Board
Railroad Retirement Board.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Railroad Retirement
Board (Board) proposes to amend its
regulations to include video
teleconferencing as an option for
hearings of appeals under the Railroad
Retirement Act and Railroad
Unemployment Insurance Act. The
Board’s hearings officers will determine
if a hearing should be scheduled using
this option, rather than a telephone
conference call hearing or an in person
hearing.
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.
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73175
FOR FURTHER INFORMATION CONTACT:
Marguerite P. Dadabo, Assistant General
Counsel, (312) 751–4945, TTD (312)
751–4701.
SUPPLEMENTARY INFORMATION: Part 260 of
the Board’s regulations deals generally
with administrative review of denials of
claims or requests for waiver of recovery
of overpayments under the Railroad
Retirement Act (RRA). Part 320 deals
with the same matters under the
Railroad Unemployment Insurance Act
(RUIA). The Board proposes to amend
these parts to state that, at the discretion
of the hearings officer, hearings held
during the appeal process may be
conducted in person, by telephone
conference call, or by video
teleconferencing. Previously, the
regulations only allowed for hearings to
be held in person or by telephone
conference call.
Specifically, the Board proposes to
amend §§ 260.5(i) and 320.22 to state
that a proposed hearing may be held in
person, by telephone conference call, or
by video teleconferencing. These
sections also state that if an individual
objects to having a hearing by video
teleconferencing, the hearings officer
will find the individual had good cause
for objecting to the time or place of the
hearing and will reschedule the
individual for either a telephone or an
in person hearing for the appeal. The
regulation also amends sections 260.5(l)
and 320.25 to state that the hearings
officer determines whether a hearing is
scheduled for a telephone conference
call, video teleconferencing, or in
person.
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.
There are no changes to the information
collections associated with parts 260
and 320.
List of Subjects
20 CFR Part 260
Administrative practice and
procedure, Claims, Railroad retirement,
Reporting and recordkeeping
requirements.
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 B, part 260, and
E:\FR\FM\09DEP1.SGM
09DEP1
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
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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
]]>Agencies
[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Proposed Rules]
[Pages 73175-73176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23607]
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RAILROAD RETIREMENT BOARD
20 CFR Parts 260 and 320
RIN 3220-AB59
Requests for Reconsideration and Appeals Within the Board
AGENCY: Railroad Retirement Board.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Railroad Retirement Board (Board) proposes to amend its
regulations to include video teleconferencing as an option for hearings
of appeals under the Railroad Retirement Act and Railroad Unemployment
Insurance Act. The Board's hearings officers will determine if a
hearing should be scheduled using this option, rather than a telephone
conference call hearing or an in person hearing.
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 260 of the Board's regulations deals
generally with administrative review of denials of claims or requests
for waiver of recovery of overpayments under the Railroad Retirement
Act (RRA). Part 320 deals with the same matters under the Railroad
Unemployment Insurance Act (RUIA). The Board proposes to amend these
parts to state that, at the discretion of the hearings officer,
hearings held during the appeal process may be conducted in person, by
telephone conference call, or by video teleconferencing. Previously,
the regulations only allowed for hearings to be held in person or by
telephone conference call.
Specifically, the Board proposes to amend Sec. Sec. 260.5(i) and
320.22 to state that a proposed hearing may be held in person, by
telephone conference call, or by video teleconferencing. These sections
also state that if an individual objects to having a hearing by video
teleconferencing, the hearings officer will find the individual had
good cause for objecting to the time or place of the hearing and will
reschedule the individual for either a telephone or an in person
hearing for the appeal. The regulation also amends sections 260.5(l)
and 320.25 to state that the hearings officer determines whether a
hearing is scheduled for a telephone conference call, video
teleconferencing, or in person.
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. There are no changes to the information collections
associated with parts 260 and 320.
List of Subjects
20 CFR Part 260
Administrative practice and procedure, Claims, Railroad retirement,
Reporting and recordkeeping requirements.
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 B, part 260,
and
[[Page 73176]]
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 Sec. 260.5 to read
as follows:
Sec. 260.5 Appeal from a reconsideration decision.
* * * * *
(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
Sec. 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
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.
PART 320--INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS
3. The authority citation for part 320 continues to read as
follows:
Authority: 45 U.S.C. 355 and 362(l).
4. Add a new first sentence to paragraph (a) and revise paragraph
(c) of Sec. 320.22 to read as follows:
Sec. 320.22 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
Sec. 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 Sec. 320.25(d) to read as follows:
Sec. 320.25 Hearing of appeal.
* * * * *
(d) Hearing by telephone or video teleconferencing. As stated in
Sec. 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 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
