Electronic Filing of Reconsideration Requests by Railroad Employers, 53003-53004 [E6-14883]

Download as PDF Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Rules and Regulations contained in this regulation have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120–0056. (1) If any inspection required by this AD reveals any indication of a cracked or broken part, submit a report to: The Boeing Company, Service Engineering—Mechanical Systems. The report must contain the airplane and rudder PCM serial numbers, the total flight hours and flight cycles for each rudder PCM (and rudder PCM main manifold, if known), and a description of any damage found. Submission of the Inspection Report Form (Figure 3 of Boeing Service Bulletin 747–27A2397, Revision 2, dated September 1, 2005) is one acceptable method of complying with this requirement. (2) Send any cracked or broken PCMs or manifolds to Parker Hannifin Corporation in accordance with the shipping instructions specified in Appendix A of Boeing Alert Service Bulletin 747–27A2397, Revision 2, dated September 1, 2005. Initial Inspection (h) For airplanes not inspected prior to the effective date of this AD as specified in paragraph (g) of this AD: At the later of the times specified in paragraph (h)(1) or (h)(2) of this AD, perform an ultrasonic inspection for cracking of the yaw damper actuator portion of the upper and lower rudder PCM main manifold; and do the actions specified in paragraph (g)(2) or (g)(3) of this AD, as applicable; in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747–27A2397, Revision 2, dated September 1, 2005. Repeat the inspection thereafter at intervals not to exceed 28,000 flight hours or 4,500 flight cycles, whichever occurs first. (1) Prior to the accumulation of 56,000 total flight hours or 9,000 total flight cycles, whichever occurs first. (2) Within 24 months after the effective date of this AD. rwilkins on PROD1PC63 with RULES Boeing Service Bulletin 747–27A2397, Revision 2, dated September 1, 2005. (1) Perform the ultrasonic inspection described in paragraph (g) of this AD at the later of the times specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, then do paragraph (g)(2) or (g)(3) of this AD, as applicable; and paragraph (g)(4) of this AD. (i) Within 28,000 flight hours or 4,500 flight cycles after the date of the prior inspection, whichever occurs first. (ii) Within 24 months after the effective date of this AD. (2) If no cracking is found during any inspection required by paragraph (g)(1) or (h) of this AD: Apply sealant and a torque stripe and install a lockwire on the rudder PCM in accordance with the Accomplishment Instructions and Figure 1 or Figure 2, as applicable, of Boeing Service Bulletin 747– 27A2397, Revision 2, dated September 1, 2005. (3) If any cracking is found during any inspection required by paragraph (g)(1) or (h) of this AD: Before further flight, replace the affected PCM with a new or serviceable PCM and submit the report required by paragraph (i) of this AD. (4) Repeat the ultrasonic inspection described in paragraph (g) of this AD at intervals not to exceed 28,000 flight hours or 4,500 flight cycles, whichever occurs first, and repeat the actions in paragraph (g)(2) or (g)(3) of this AD, as applicable. Parts Installation (l) As of the effective date of this AD, no person shall install on any airplane a rudder PCM having a top assembly part number (P/ N) 332700–1003, –1005, or –1007; or P/N 333200–1003, –1005, or –1007; unless the PCM has been ultrasonically inspected and found to be without cracks; in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747–27A2397, Revision 2, dated September 1, 2005. Reporting Requirements and Damaged Parts Disposition (i) For all airplanes: At the applicable time specified in paragraph (i)(1) or (i)(2) of this AD, accomplish the actions in paragraph (j) of this AD. (1) If the inspection was done after the effective date of this AD: Submit the report and part, if applicable, within 30 days after the inspection. (2) If the inspection was done before the effective date of this AD: Submit the report and part, if applicable, within 30 days after the effective date of this AD. (j) At the applicable time specified in paragraph (i) of this AD: Do the requirements of paragraphs (j)(1) and (j)(2) of this AD. Information collection requirements VerDate Aug<31>2005 17:41 Sep 07, 2006 Jkt 208001 Prior Accomplishment of Requirements (k) Actions accomplished before the effective date of this AD in accordance with Boeing Alert Service Bulletin 747–27A2397, dated July 24, 2003; or Revision 1, dated March 31, 2005; are considered acceptable for compliance with the corresponding requirements of this AD. Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, Seattle Aircraft Certification Office (ACO), 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 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. (3) AMOCs approved previously according to AD 2003–23–01 are approved as AMOCs with this AD. Material Incorporated by Reference (n) You must use Boeing Service Bulletin 747–27A2397, Revision 2, dated September 1, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207, for a copy of this service information. You PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 53003 may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, DC; on the Internet at http://dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to http:// www.archives.gov/federal_register/code_ of_federal_regulations/ibr_locations.html. Issued in Renton, Washington, on August 30, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–14782 Filed 9–7–06; 8:45 am] BILLING CODE 4910–13–P RAILROAD RETIREMENT BOARD 20 CFR Part 320 RIN 32207–AB58 Electronic Filing of Reconsideration Requests by Railroad Employers Railroad Retirement Board. Final rule. AGENCY: ACTION: SUMMARY: The Railroad Retirement Board (Board) amends 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 amended rule allows 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 amended rule corrects those references. DATES: Effective Date: This regulation will be effective September 8, 2006. ADDRESSES: Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611. FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611, (312) 751–4945, TDD (312) 754–4701. 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 Railroad Retirement Board amends its regulations to allow railroad employers to use E:\FR\FM\08SER1.SGM 08SER1 53004 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Rules and Regulations updated technology, such as computers and e-mail, to request reconsideration of an initial decision. Specifically, the Board amends 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 Railroad Retirement Board amends section 320.10(c) to change the incorrect reference of ‘‘§ 310.12’’ to the correct references of ‘‘§ 320.12’’ in the last two sentences of this section. Section 320.10(d) is amended to change the incorrect references of ‘‘§ 310.5’’ to the correct reference of ‘‘§ 320.5’’ in the first sentence of this section. This section is also amended to provide that a railroad employer’s request for reconsideration can be made in writing or electronically. The Board published the proposed rule on July 25, 2005 (70 FR 42517) and invited comments by September 23, 2005. No comments were received. Accordingly, the proposed rule is being published as a final rule without change. Collection of Information Requirements There is an information collection impacted by the amended rule: The Railroad Retirement Board is providing notice that OMB has approved the information collection requirements contained in the affected sections of these final rules. The OMB Control Number for this collection is 3220–0171, expiring June 30, 2008. The Board, with the concurrence of the Office of Management and Budget (OMB), has determined that this is not a significant regulatory action under Executive Order 12866. Therefore, no regulatory impact analysis is required. List of Subjects in 20 CFR Part 320 Administrative practice and procedure, Claims, Railroad unemployment insurance, Reporting and recordkeeping requirements. I For the reasons set out in the preamble, the Railroad Retirement Board amends title 20, Chapter II, subchapter C, part 320 of the Code of Federal Regulations as follows: rwilkins on PROD1PC63 with RULES 1. The authority citation for part 320 continues to read as follows: Authority: 45 U.S.C. 355 and 362(1). 2. Section 320.10 is amended as follows: I VerDate Aug<31>2005 17:41 Sep 07, 2006 Jkt 208001 § 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 § 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. * * * * * Dated: September 5, 2006. By Authority of the Board. Beatrice Ezerski, Secretary to the Board. [FR Doc. E6–14883 Filed 9–7–06; 8:45 am] BILLING CODE 7905–01–P RAILROAD RETIREMENT BOARD 20 CFR Part 341 RIN 3220–AB60 Electronic Filing of Settlement and Final Judgment Notices by Railroad Employers Railroad Retirement Board. Final rule. AGENCY: ACTION: PART 320–INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS I a. Add a new sentence at the end of paragraph (a); I 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 I c. Revise paragraph (d). The addition and revision read as follows: I SUMMARY: The Railroad Retirement Board (Board) amends 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. This rule allows these notifications to be made by railroad employers either in writing or by PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 sending an electronic message, e.g. via e-mail. Effective Date: This regulation shall be effective September 8, 2006. DATES: Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611, (312) 751–4945, TDD (312) 751–4701. 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 amended to allow railroad employers to notify the Board, in writing or 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, this rule amends 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 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’’. The Board, with the concurrence of the Office of Management and Budget (OMB), has determined that this is not a significant regulatory action under Executive Order 12866. Therefore, no regulatory impact analysis is required. There is an information collection impacted by the amended rule. The Railroad Retirement Board is providing notice that OMB has approved the information collection requirements contained in the affected sections of this final rule. The OMB Control Number for this collection is 3220–0036, expiring January 31, 2009. The Board published the proposed rule on December 9, 2005 (70 FR 73176) and invited comments by February 7, 2006. No comments were received. Accordingly, the proposed rule is being published as a final rule. SUPPLEMENTARY INFORMATION: E:\FR\FM\08SER1.SGM 08SER1

Agencies

[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Rules and Regulations]
[Pages 53003-53004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14883]


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RAILROAD RETIREMENT BOARD

20 CFR Part 320

RIN 32207-AB58


Electronic Filing of Reconsideration Requests by Railroad 
Employers

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) amends 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 amended rule 
allows reconsideration requests to be made by railroad employers either 
in writing or electronically. In addition, Sec.  320.10(c) and 
320.10(d) inadvertently contain inaccurate references. This amended 
rule corrects those references.

DATES: Effective Date: This regulation will be effective September 8, 
2006.

ADDRESSES: Beatrice Ezerski, Secretary to the Board, Railroad 
Retirement Board, 844 Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, 
Illinois 60611, (312) 751-4945, TDD (312) 754-4701.

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 Railroad Retirement Board amends its regulations 
to allow railroad employers to use

[[Page 53004]]

updated technology, such as computers and e-mail, to request 
reconsideration of an initial decision. Specifically, the Board amends 
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 Railroad Retirement Board amends section 320.10(c) 
to change the incorrect reference of ``Sec.  310.12'' to the correct 
references of ``Sec.  320.12'' in the last two sentences of this 
section.
    Section 320.10(d) is amended to change the incorrect references of 
``Sec.  310.5'' to the correct reference of ``Sec.  320.5'' in the 
first sentence of this section. This section is also amended to provide 
that a railroad employer's request for reconsideration can be made in 
writing or electronically.
    The Board published the proposed rule on July 25, 2005 (70 FR 
42517) and invited comments by September 23, 2005. No comments were 
received. Accordingly, the proposed rule is being published as a final 
rule without change.

Collection of Information Requirements

    There is an information collection impacted by the amended rule:
    The Railroad Retirement Board is providing notice that OMB has 
approved the information collection requirements contained in the 
affected sections of these final rules. The OMB Control Number for this 
collection is 3220-0171, expiring June 30, 2008.
    The Board, with the concurrence of the Office of Management and 
Budget (OMB), has determined that this is not a significant regulatory 
action under Executive Order 12866. Therefore, no regulatory impact 
analysis is required.

List of Subjects in 20 CFR Part 320

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

0
For the reasons set out in the preamble, the Railroad Retirement Board 
amends 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

0
1. The authority citation for part 320 continues to read as follows:

    Authority: 45 U.S.C. 355 and 362(1).

0
2. Section 320.10 is amended as follows:
0
a. Add a new sentence at the end of paragraph (a);
0
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
0
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: September 5, 2006.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
 [FR Doc. E6-14883 Filed 9-7-06; 8:45 am]
BILLING CODE 7905-01-P