Requests for Reconsideration and Appeals Within the Board, 55283-55284 [06-8058]
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations
published at 71 FR 35145 on June 19,
2006, is adopted as a final rule without
change.
Dated: September 15, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 06–7866 Filed 9–21–06; 8:45 am]
BILLING CODE 3410–02–P
RAILROAD RETIREMENT BOARD
20 CFR Parts 260 and 320
RIN 3220–AB59
Requests for Reconsideration and
Appeals Within the Board
Railroad Retirement Board.
Final rule.
AGENCY:
rwilkins on PROD1PC63 with RULES_1
ACTION:
SUMMARY: The Railroad Retirement
Board (Board) amends 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: Effective Date: This regulation
will be effective September 22, 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) 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 amends 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 amends
§§ 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
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16:03 Sep 21, 2006
Jkt 208001
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 §§ 260.5(1) 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 published the proposed
rule on December 9, 2005 (70 FR 73175)
and invited comments by February 7,
2006. No comments were received.
Accordingly, the proposed rule is being
published as a final rule without
change.
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 amends title 20, Chapter II,
subchapter B, part 260 and subchapter
C, part 320 of the Code of Federal
Regulations as follows:
I
PART 260—REQUESTS FOR
RECONSIDERATION AND APPEALS
WITHIN THE BOARD
1. The authority citation for part 260
continues to read as follows:
I
Authority: 45 U.S.C. 231f: 45 U.S.C. 231g;
45 U.S.C. 355.
2. Revise paragraphs (i)(1), (i)(3) and
(1) of § 260.5 to read as follows:
I
§ 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
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55283
required under this part may be held in
person, by telephone conference call, or
by video teleconferencing as described
in § 260.5(1). 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.
*
*
*
*
*
(1) 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:
I
Authority: 45 U.S.C. 355 and 362(1).
4. Add a sentence to the beginning of
paragraph (a) and revise paragraph (c) of
§ 320.22 to read as follows:
I
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22SER1
55284
§ 320.22
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations
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:
I
§ 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
case preventing the use of these
methodologies to conduct the hearing.
By Authority of the Board.
Dated: September 6, 2006.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 06–8058 Filed 9–21–06; 8:45 am]
rwilkins on PROD1PC63 with RULES_1
BILLING CODE 7905–01–P
VerDate Aug<31>2005
16:03 Sep 21, 2006
Jkt 208001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0210; FRL–8220–5]
Approval and Promulgation of State
Implementation Plans; Utah; Revised
Definitions of Volatile Organic
Compounds and Clearing Index; Direct
Final Rule
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action approving State Implementation
Plan (SIP) revisions submitted by the
State of Utah on November 11 and
November 23, 2005. The revisions are to
the Utah Administrative Code (UAC)
rule R307–101–2 and (1) incorporate by
reference the federal definition of
‘‘Volatile Organic Compounds’’ (VOC),
and (2) update the definition of
‘‘Clearing Index’’. The intended effect of
this action is to make federally
enforceable these revised definitions to
the Utah SIP. This action is being taken
under section 110 of the Clean Air Act.
DATES: This rule is effective on
November 21, 2006 without further
notice, unless EPA receives adverse
comment by October 23, 2006. If
adverse comment is received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2006–0210, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: long.richard@epa.gov and
mastrangelo.domenico@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Richard R. Long, Director, Air
and Radiation Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 999 18th Street, Suite
200, Denver, Colorado 80202–2466.
• Hand Delivery: Richard R. Long,
Director, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 999
18th Street, Suite 300, Denver, Colorado
80202–2466. Such deliveries are only
accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
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Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2006–
0210. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, 999 18th Street, Suite
300, Denver, Colorado 80202–2466. EPA
requests that if at all possible, you
contact the individual listed in the FOR
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22SER1
]]>Agencies
[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Rules and Regulations]
[Pages 55283-55284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8058]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Railroad Retirement Board (Board) amends 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: Effective Date: This regulation will be effective September 22,
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) 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 amends 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 amends 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 Sec. Sec. 260.5(1)
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 published the proposed rule on December 9, 2005 (70 FR
73175) and invited comments by February 7, 2006. No comments were
received. Accordingly, the proposed rule is being published as a final
rule without change.
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.
0
For the reasons set out in the preamble, the Railroad Retirement Board
amends title 20, Chapter II, subchapter B, part 260 and subchapter C,
part 320 of the Code of Federal Regulations as follows:
PART 260--REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD
0
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.
0
2. Revise paragraphs (i)(1), (i)(3) and (1) 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(1). 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.
* * * * *
(1) 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
0
3. The authority citation for part 320 continues to read as follows:
Authority: 45 U.S.C. 355 and 362(1).
0
4. Add a sentence to the beginning of paragraph (a) and revise
paragraph (c) of Sec. 320.22 to read as follows:
[[Page 55284]]
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.
* * * * *
0
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.
By Authority of the Board.
Dated: September 6, 2006.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 06-8058 Filed 9-21-06; 8:45 am]
BILLING CODE 7905-01-P
