Payment of Social Security Benefits by the Railroad Retirement Board, 47462-47463 [2024-12052]
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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Rules and Regulations
RAILROAD RETIREMENT BOARD
20 CFR Part 235
RIN 3220–AB78
Payment of Social Security Benefits by
the Railroad Retirement Board
Railroad Retirement Board.
Direct final rule; request for
comments.
AGENCY:
ACTION:
The Railroad Retirement
Board amends its regulations to add
additional statutory conditions under
which the Railroad Retirement Board
will pay benefits certified to it by the
Commissioner of Social Security. These
updates are necessary to reflect the
amendments to section 205(i) of the
Social Security Act enacted by section
103(i)(3) of the Railroad Retirement and
Survivors’ Improvement Act of 2001
and section 843 of the Bipartisan Budget
Act of 2015.
DATES: This rule becomes effective
September 3, 2024 without further
action, unless adverse comment is
received by July 3, 2024. If adverse
comment is received, the Railroad
Retirement Board will publish a timely
withdrawal of the rule in the Federal
Register.
SUMMARY:
You may submit comments,
identified by RIN 3320–AB78, through
any of the following methods:
1. Internet—Send inquiries via email
to SecretarytotheBoard@rrb.gov.
2. Fax—(312) 751–7102.
3. Mail—Secretary to the Board,
Railroad Retirement Board, 844 N Rush
Street, Chicago, Illinois 60611–1275.
Do not submit the same comment
multiple times or by more than one
method. Regardless of which method
you choose, please indicate that your
comments refer to RIN number 3320–
AB78.
Caution: You should be careful to
include in your comments only
information that you wish to make
publicly available as comments are
posted without change, with any
personal information provided. The
Board strongly urges you not to include
in your comments any personal
information, such as Social Security
numbers or medical information.
FOR FURTHER INFORMATION CONTACT:
Peter J. Orlowicz, Senior Counsel,
Railroad Retirement Board, 844 North
Rush Street, Chicago, IL 60611–1275,
(312) 751–4922.
SUPPLEMENTARY INFORMATION: Section
205(i) of the Social Security Act directs
the Commissioner of Social Security,
upon final decision of the
Commissioner or upon final judgment of
lotter on DSK11XQN23PROD with RULES1
ADDRESSES:
VerDate Sep<11>2014
15:57 May 31, 2024
Jkt 262001
any court of competent jurisdiction that
any person is entitled to payments
under title II of the Social Security Act,
to certify the name and address of the
person entitled to payment, the amount
of the payment, and the time at which
payment should be made to the
Managing Trustee of the Board of
Trustees for the Federal Old-Age and
Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
The Managing Trustee is then directed
to make the payments as certified by the
Commissioner. 42 U.S.C. 405(i).
However, for certain individuals
defined in section 205(i), the
Commissioner is instead directed to
certify the payments to the Railroad
Retirement Board, which shall provide
for such payments to those individuals
on behalf of the Managing Trustee in
accordance with the provisions of the
Railroad Retirement Act of 1974.
In the Railroad Retirement and
Survivors’ Improvement Act of 2001,
Congress amended the Railroad
Retirement Act to allow individuals
with less than ten years of railroad
service to qualify for annuities under
the Act if they had at least five years of
railroad service, all of which accrued
after December 31, 1995. Public Law
107–90 (Dec. 21, 2001). Section 103(i) of
the Railroad Retirement and Survivors’
Improvement Act of 2001 was a
conforming amendment to section 205(i)
of the Social Security Act, directing the
Commissioner of Social Security to
certify title II benefit payments to the
Railroad Retirement Board for payment
with respect to individuals who had five
or more years of railroad service, all of
which accrued after December 31, 1995.
Accordingly, the Railroad Retirement
Board is amending its regulations at 20
CFR 235.3 to reflect the Board’s
statutory obligation to pay title II
benefits for railroad employees with at
least 60 months of railroad service after
December 31, 1995, the wife or husband
of such an employee, a survivor of such
an employee, and any other person
entitled to title II benefits based on the
social security wages of the railroad
employee except survivors where the
employee lacked a current connection
with the railroad industry at the time of
the employee’s death.
Congress amended section 205(i) of
the Social Security Act again in section
843 of the Bipartisan Budget Act of
2015, Public Law 114–74 (Nov. 2, 2015).
Before these amendments, the
Commissioner would certify (and the
Board would pay) title II benefits to a
divorced wife or husband of a railroad
employee only if the divorced wife or
husband claimed social security benefits
based on the railroad employee’s social
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Frm 00024
Fmt 4700
Sfmt 4700
security wages. Section 843 of the
Bipartisan Budget Act of 2015 amended
section 205(i) to provide that all
divorced spouses of railroad workers
with at least ten years of railroad service
(or five years of service after December
31, 1995) would have their social
security benefits certified to the Board
for payment. Accordingly, the Railroad
Retirement Board is amending its
regulations at 20 CFR 235.3 to reflect the
Board’s statutory obligation to pay title
II benefits for divorced wives and
husbands of railroad employees if the
railroad employee has at least 120
months of railroad service (or 60 months
of railroad service after December 31,
1995).
Finally, the authority citation for part
235 does not currently reflect that the
statutory authority for the Board to pay
benefits certified by the Commissioner
flows from section 205(i) of the Social
Security Act. Accordingly, the Railroad
Retirement Board is amending the
authority for part 235 to include 42
U.S.C. 405(i).
This direct final rule is being issued
without prior public notice or
opportunity for public comments. The
Board does not anticipate this rule will
generate adverse comment, and the
effective date of the rule is conditional
on the non-receipt of adverse comments.
If the Board receives significant adverse
comments prior to the effective date of
this direct final rule, the Board will
publish a timely notice in the Federal
Register to withdraw the rule.
Regulatory Analysis
Executive Order 12866, as
Supplemented by Executive Order
13563
The Board, with the Office of
Management and Budget, has
determined that this is not a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563. Therefore, no regulatory
impact analysis is required.
Regulatory Flexibility Act
The Board certifies that this direct
final rule would not have a significant
economic impact on a substantial
number of small entities because it
affects only a change in the disbursing
agent for already-existing benefits.
Paperwork Reduction Act
This direct final rule imposes no
reporting or recordkeeping requirements
subject to Office of Management and
Budget clearance.
List of Subjects in 20 CFR Part 235
Railroad retirement, Social security.
E:\FR\FM\03JNR1.SGM
03JNR1
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Rules and Regulations
For the reasons set out in the
preamble, the Railroad Retirement
Board amends 20 CFR part 235 as
follows:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PART 235—PAYMENT OF SOCIAL
SECURITY BENEFITS BY THE
RAILROAD RETIREMENT BOARD
21 CFR Part 1
Food and Drug Administration
[Docket No. FDA–2019–N–3325]
1. The authority citation for part 235
is revised to read as follows:
■
Authority: 42 U.S.C. 405(i), 45 U.S.C. 231f.
2. Revise and republish § 235.3 to read
as follows:
■
lotter on DSK11XQN23PROD with RULES1
The following individuals, if entitled
to social security benefits, are paid such
benefits by the Board:
(a) A railroad employee who has been
credited with at least 120 months of
railroad service (or at least 60 months of
railroad service, all of which accrue
after December 31, 1995);
(b) A wife or husband of a railroad
employee who has been credited with at
least 120 months of railroad service (or
at least 60 months of railroad service, all
of which accrue after December 31,
1995);
(c) A divorced wife or husband of a
railroad employee who has been
credited with at least 120 months of
railroad service (or at least 60 months of
railroad service, all of which accrue
after December 31, 1995);
(d) A survivor of a railroad employee,
including a surviving divorced spouse,
remarried widow(er), surviving
divorced mother or father, who is
entitled, or upon application would be
entitled, to an annuity under the
Railroad Retirement Act; and
(e) Any other person entitled to
benefits under title II of the Social
Security Act based on the social security
wages of a railroad employee who has
been credited with at least 120 months
of railroad service (or at least 60 months
of railroad service, all of which accrue
after December 31, 1995), except
survivors of a railroad employee when
the Social Security Administration has
jurisdiction for survivor benefits. See
part 221 of this chapter.
Food and Drug Administration,
HHS.
Notification.
The Food and Drug
Administration (FDA or we) has
determined that there is sufficient
laboratory capacity in the Laboratory
Accreditation for Analyses of Foods
(LAAF) program for the import-related
food testing covered by the LAAF
regulation for mycotoxins. As sufficient
capacity is reached for additional
analytes covered under the importrelated food testing provisions of the
LAAF regulation, those specific analytes
and compliance dates will be posted on
the LAAF Dashboard. Owners and
consignees of imported food subject to
the LAAF regulation must use a LAAFaccredited laboratory to conduct
covered import-related food testing
starting on the applicable compliance
date, which is 6 months from the date
a specific analyte is listed on a public
registry, based on FDA’s determination
that sufficient laboratory capacity has
been achieved for such analyte. FDA has
not yet made a capacity determination
for the other food testing circumstances
covered by the LAAF regulation.
DATES: Compliance Dates: A LAAFaccredited laboratory must conduct
certain import-related food testing
covered by the LAAF regulation (21 CFR
1.1107(a)(4), (5)) beginning 6 months
from the date a specific analyte is
posted on the LAAF Dashboard.
FOR FURTHER INFORMATION CONTACT:
Stacie Hammack, Chemist, Food and
Feed Laboratory Operations, Office of
Regulatory Affairs, Food and Drug
Administration, 60 8th St. NE, Atlanta,
GA 30309, 301–796–5817;
Stacie.Hammack@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Dated: May 28, 2024.
By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2024–12052 Filed 5–31–24; 8:45 am]
BILLING CODE P
15:57 May 31, 2024
AGENCY:
ACTION:
§ 235.3 Who is paid social security
benefits by the Board.
VerDate Sep<11>2014
Laboratory Accreditation for Analyses
of Foods; Program Implementation;
Determination of Sufficient Laboratory
Capacity for Import-Related Food
Testing Covered by the Regulation
Jkt 262001
In the Federal Register of December 3,
2021 (86 FR 68728), we issued the
LAAF final rule (https://www.fda.gov/
food/food-safety-modernization-actfsma/fsma-final-rule-laboratoryaccreditation-analyses-foods-laaf),
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
47463
which establishes the LAAF program for
the testing of human and animal food in
certain circumstances by accredited
laboratories, as required under section
422 of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C.
350k). The purpose of the LAAF
program is to improve the safety of the
U.S. food supply and protect U.S.
consumers by helping to ensure that
certain food testing of importance to
public health is conducted subject to
appropriate oversight and in accordance
with appropriate model standards to
produce reliable and valid test results.
Under the LAAF regulation, which is
codified at part 1 (21 CFR part 1),
subpart R (§§ 1.1101 through 1.1201),
FDA has been recognizing, and will
continue to recognize, accreditation
bodies that then assess laboratories to
the standards established in the
regulation (referred to as LAAFaccredited laboratories). Participation in
the LAAF program is voluntary for
accreditation bodies and laboratories.
The LAAF regulation defines food
testing and testing of food to mean the
analysis of food product samples or
environmental samples (§ 1.1102). At
§ 1.1107(a), the LAAF regulation details
five food testing circumstances in which
owners and consignees must use a
LAAF-accredited laboratory. This
document relates to a determination of
sufficient laboratory capacity for two of
those circumstances related to import
testing: in support of admission of an
article of food under section 801(a) of
the FD&C Act (§ 1.1107(a)(4)); and to
support removal from an import alert
through successful consecutive testing
(§ 1.1107(a)(5)), for specific analyte(s) as
listed on the LAAF Dashboard. For
example, aflatoxin is a specific analyte
within the analyte group of mycotoxins
for which we have determined sufficient
laboratory capacity has been met for the
testing circumstances in this document.
In those testing circumstances
covered by the LAAF regulation for
which FDA has determined sufficient
laboratory capacity has been met,
persons with an ownership or
consignment interest in the food
product or environment that is the
subject of the testing (owners and
consignees) must use a laboratory that is
LAAF-accredited for an analytical
method for the appropriate analyte to
conduct such testing. LAAF-accredited
laboratories must comply with all
applicable LAAF requirements,
including the submission of results
directly to FDA, in accordance with
§ 1.1152(b). FDA maintains on its
website the LAAF Dashboard (https://
datadashboard.fda.gov/ora/fd/laaf.htm),
which identifies recognized
E:\FR\FM\03JNR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Rules and Regulations]
[Pages 47462-47463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12052]
[[Page 47462]]
-----------------------------------------------------------------------
RAILROAD RETIREMENT BOARD
20 CFR Part 235
RIN 3220-AB78
Payment of Social Security Benefits by the Railroad Retirement
Board
AGENCY: Railroad Retirement Board.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Railroad Retirement Board amends its regulations to add
additional statutory conditions under which the Railroad Retirement
Board will pay benefits certified to it by the Commissioner of Social
Security. These updates are necessary to reflect the amendments to
section 205(i) of the Social Security Act enacted by section 103(i)(3)
of the Railroad Retirement and Survivors' Improvement Act of 2001 and
section 843 of the Bipartisan Budget Act of 2015.
DATES: This rule becomes effective September 3, 2024 without further
action, unless adverse comment is received by July 3, 2024. If adverse
comment is received, the Railroad Retirement Board will publish a
timely withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments, identified by RIN 3320-AB78,
through any of the following methods:
1. Internet--Send inquiries via email to
[email protected].
2. Fax--(312) 751-7102.
3. Mail--Secretary to the Board, Railroad Retirement Board, 844 N
Rush Street, Chicago, Illinois 60611-1275.
Do not submit the same comment multiple times or by more than one
method. Regardless of which method you choose, please indicate that
your comments refer to RIN number 3320-AB78.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available as comments are
posted without change, with any personal information provided. The
Board strongly urges you not to include in your comments any personal
information, such as Social Security numbers or medical information.
FOR FURTHER INFORMATION CONTACT: Peter J. Orlowicz, Senior Counsel,
Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-
1275, (312) 751-4922.
SUPPLEMENTARY INFORMATION: Section 205(i) of the Social Security Act
directs the Commissioner of Social Security, upon final decision of the
Commissioner or upon final judgment of any court of competent
jurisdiction that any person is entitled to payments under title II of
the Social Security Act, to certify the name and address of the person
entitled to payment, the amount of the payment, and the time at which
payment should be made to the Managing Trustee of the Board of Trustees
for the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund. The Managing Trustee is then
directed to make the payments as certified by the Commissioner. 42
U.S.C. 405(i). However, for certain individuals defined in section
205(i), the Commissioner is instead directed to certify the payments to
the Railroad Retirement Board, which shall provide for such payments to
those individuals on behalf of the Managing Trustee in accordance with
the provisions of the Railroad Retirement Act of 1974.
In the Railroad Retirement and Survivors' Improvement Act of 2001,
Congress amended the Railroad Retirement Act to allow individuals with
less than ten years of railroad service to qualify for annuities under
the Act if they had at least five years of railroad service, all of
which accrued after December 31, 1995. Public Law 107-90 (Dec. 21,
2001). Section 103(i) of the Railroad Retirement and Survivors'
Improvement Act of 2001 was a conforming amendment to section 205(i) of
the Social Security Act, directing the Commissioner of Social Security
to certify title II benefit payments to the Railroad Retirement Board
for payment with respect to individuals who had five or more years of
railroad service, all of which accrued after December 31, 1995.
Accordingly, the Railroad Retirement Board is amending its regulations
at 20 CFR 235.3 to reflect the Board's statutory obligation to pay
title II benefits for railroad employees with at least 60 months of
railroad service after December 31, 1995, the wife or husband of such
an employee, a survivor of such an employee, and any other person
entitled to title II benefits based on the social security wages of the
railroad employee except survivors where the employee lacked a current
connection with the railroad industry at the time of the employee's
death.
Congress amended section 205(i) of the Social Security Act again in
section 843 of the Bipartisan Budget Act of 2015, Public Law 114-74
(Nov. 2, 2015). Before these amendments, the Commissioner would certify
(and the Board would pay) title II benefits to a divorced wife or
husband of a railroad employee only if the divorced wife or husband
claimed social security benefits based on the railroad employee's
social security wages. Section 843 of the Bipartisan Budget Act of 2015
amended section 205(i) to provide that all divorced spouses of railroad
workers with at least ten years of railroad service (or five years of
service after December 31, 1995) would have their social security
benefits certified to the Board for payment. Accordingly, the Railroad
Retirement Board is amending its regulations at 20 CFR 235.3 to reflect
the Board's statutory obligation to pay title II benefits for divorced
wives and husbands of railroad employees if the railroad employee has
at least 120 months of railroad service (or 60 months of railroad
service after December 31, 1995).
Finally, the authority citation for part 235 does not currently
reflect that the statutory authority for the Board to pay benefits
certified by the Commissioner flows from section 205(i) of the Social
Security Act. Accordingly, the Railroad Retirement Board is amending
the authority for part 235 to include 42 U.S.C. 405(i).
This direct final rule is being issued without prior public notice
or opportunity for public comments. The Board does not anticipate this
rule will generate adverse comment, and the effective date of the rule
is conditional on the non-receipt of adverse comments. If the Board
receives significant adverse comments prior to the effective date of
this direct final rule, the Board will publish a timely notice in the
Federal Register to withdraw the rule.
Regulatory Analysis
Executive Order 12866, as Supplemented by Executive Order 13563
The Board, with the Office of Management and Budget, has determined
that this is not a significant regulatory action under Executive Order
12866, as supplemented by Executive Order 13563. Therefore, no
regulatory impact analysis is required.
Regulatory Flexibility Act
The Board certifies that this direct final rule would not have a
significant economic impact on a substantial number of small entities
because it affects only a change in the disbursing agent for already-
existing benefits.
Paperwork Reduction Act
This direct final rule imposes no reporting or recordkeeping
requirements subject to Office of Management and Budget clearance.
List of Subjects in 20 CFR Part 235
Railroad retirement, Social security.
[[Page 47463]]
For the reasons set out in the preamble, the Railroad Retirement
Board amends 20 CFR part 235 as follows:
PART 235--PAYMENT OF SOCIAL SECURITY BENEFITS BY THE RAILROAD
RETIREMENT BOARD
0
1. The authority citation for part 235 is revised to read as follows:
Authority: 42 U.S.C. 405(i), 45 U.S.C. 231f.
0
2. Revise and republish Sec. 235.3 to read as follows:
Sec. 235.3 Who is paid social security benefits by the Board.
The following individuals, if entitled to social security benefits,
are paid such benefits by the Board:
(a) A railroad employee who has been credited with at least 120
months of railroad service (or at least 60 months of railroad service,
all of which accrue after December 31, 1995);
(b) A wife or husband of a railroad employee who has been credited
with at least 120 months of railroad service (or at least 60 months of
railroad service, all of which accrue after December 31, 1995);
(c) A divorced wife or husband of a railroad employee who has been
credited with at least 120 months of railroad service (or at least 60
months of railroad service, all of which accrue after December 31,
1995);
(d) A survivor of a railroad employee, including a surviving
divorced spouse, remarried widow(er), surviving divorced mother or
father, who is entitled, or upon application would be entitled, to an
annuity under the Railroad Retirement Act; and
(e) Any other person entitled to benefits under title II of the
Social Security Act based on the social security wages of a railroad
employee who has been credited with at least 120 months of railroad
service (or at least 60 months of railroad service, all of which accrue
after December 31, 1995), except survivors of a railroad employee when
the Social Security Administration has jurisdiction for survivor
benefits. See part 221 of this chapter.
Dated: May 28, 2024.
By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2024-12052 Filed 5-31-24; 8:45 am]
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