[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Rules and Regulations]
[Pages 29983-29984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13845]



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RAILROAD RETIREMENT BOARD

20 CFR Part 200

RIN 3220-AB12


General Administration

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) amends its regulations 
to explain when the Board will provide custom tailored information to a 
member of the public and to set forth the charges for such special 
services. In addition, the Board amends its regulations to explain when 
custom tailored information will be provided without charging for that 
service.

EFFECTIVE DATE: June 7, 1995.

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

FOR FURTHER INFORMATION CONTACT: Michael C. Litt, Bureau of Law, 
Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611, 
(312) 751-4929, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: OMB Circular A-25 establishes Federal policy 
regarding fees to be assessed for special benefits. In the case of the 
Railroad Retirement Board those benefits would be the provision of 
custom tailored or non-routine information services. The regulation 
requires payment of the Board's actual costs, as defined in the 
regulation, for the provision of such services. Consistent with OMB 
Circular A-25, the regulation provides that if it is determined that 
the identity of the specific beneficiary is obscure and that provision 
of the information can be considered primarily as benefiting broadly 
the general public, then the Board may determine in a particular case 
not to charge for the service. However, consistent with the authority 
contained in section 12(d) of the Railroad Unemployment Insurance Act 
(which is incorporated into the Railroad Retirement Act by section 
7(b)(3) of that Act), the regulation provides that charges may be 
assessed in any specific case. This regulation does not cover 
information which is required to be disclosed by statute or regulation 
such as information required to be disclosed under the Freedom of 
Information Act.
    On March 2, 1995, the Board published this rule as a proposed rule 
(60 FR 11639), inviting comments on or before May 1, 1995. One comment 
was received. The commentor suggested three amendments to the proposed 
regulation: (1) Railroad employers should be allowed to seek custom-
tailored information without charge as such services are paid by 
railroad employers through employer taxes which pay for the 
administrative expenses of the Board; (2) if fees are charged, the 
Board should be required to provide the estimated cost within a 
specified period; and (3) the limit of $1,000.00 for waiver of fees 
without approval of the three-member Board is too low. In response 
thereto: (1) The Board believes that, although the costs of 
administration of the agency as a whole are borne by the railroad 
industry, it is more equitable to shift the costs for providing 
information to those elements of that industry which use the service in 
question than to have the entire industry pay for those services 
indirectly through employment taxes; [[Page 29984]] (2) while the Board 
believes that an estimate should be provided within a reasonable period 
of time the Board does not believe that the regulation should contain a 
specific time limit in view of the wide ranging types of requests that 
could be made; and (3) the cap of $1,000.00 for waiver of fees without 
approval of the three-member Board reflects the desire of the Board 
itself to maintain close control over expenditures by the agency. 
Accordingly, the Board has not amended the text of the proposed rule.
    The Board, in conjunction with the Office of Management and Budget, 
has determined that this is not a significant regulatory action for 
purposes of Executive Order 12866. Therefore, no regulatory impact 
analysis is required. There are no information collections associated 
with this rule.

List of Subjects in 20 CFR Part 200

    Railroad employees, Railroad retirement, Railroad unemployment 
insurance.

    For the reasons set out in the preamble, title 20, chapter II, part 
200 of the Code of Federal Regulations is amended as follows:
PART 200--GENERAL ADMINISTRATION

    1. The authority citation for part 200 continues to read as 
follows:

    Authority: 45 U.S.C. 231f(b)(5) and 45 U.S.C. 362; Sec. 200.4 
also issued under 5 U.S.C. 552; Sec. 200.5 also issued under 5 
U.S.C. 552a; Sec. 200.6 also issued under 5 U.S.C. 552b; and 
Sec. 200.7 also issued under 31 U.S.C. 3717.

    2. Section 200.4 is amended by adding paragraphs (o) and (p) to 
read as follows:


Sec. 200.4  Availability of information to public.

* * * * *
    (o) Custom tailored information services; Fees charged. This 
paragraph and paragraph (p) of this section set forth the policy of the 
Railroad Retirement Board with respect to the assessment of a fee for 
providing custom tailored information where requested. Except as 
provided in paragraphs (o)(4)(vii) and (p) of this section, a fee shall 
be charged for providing custom tailored information.
    (1) Definition: Custom tailored information. Custom tailored 
information is information not otherwise required to be disclosed under 
this part but which can be created or extracted and manipulated, 
reformatted, or otherwise prepared to the specifications of the 
requester from existing records. For example, the Board needs to 
program computers to provide data in a particular format or to compile 
selected items from records, provide statistical data, ratios, 
proportions, percentages, etc. If this data is not already compiled and 
available, the end product would be the result of custom tailored 
information services.
    (2) Providing custom tailored information. The Board is not 
required to provide custom tailored information. It will do so only 
when the appropriate fees have been paid as provided in paragraph 
(o)(4) of this section and when the request for such information will 
not divert staff and equipment from the Board's primary 
responsibilities.
    (3) Requesting custom tailored information. Information may be 
requested in person, by telephone, or by mail. Any request should 
reasonably describe the information wanted and may be sent to the 
Director of Administration, Railroad Retirement Board, 844 North Rush 
Street, Chicago, Illinois 60611-2092.
    (4) Fee schedule. Requests for custom tailored information are 
chargeable according to the following schedule:
    (i) Manual searching for records. Full cost of the time of the 
employees who perform the service, even if records cannot be found, 
management and supervisory costs, plus the full costs of any machine 
time and materials the employee uses. Consulting and other indirect 
costs will be assessed as appropriate.
    (ii) Photocopying or reproducing records on magnetic tapes or 
computer diskettes. The charge for making photocopies of any size 
document shall be $.10 per copy per page. The charge for reproducing 
records on magnetic tapes or computer diskettes is the full cost of the 
operator's time plus the full cost of the machine time and the 
materials used.
    (iii) Use of electronic data processing equipment to obtain 
records. Full cost for the service, including computer search time and 
computer runs and printouts, and the time of computer programmers and 
operators and of other employees.
    (iv) Certification or authentication. Full cost of certification 
and authentication.
    (v) Providing other special services. Full cost of the time of the 
employee who performs the service, management and supervisory costs, 
plus the full costs of any machine time and materials the employee 
uses. Consulting and other indirect costs will be assessed as 
appropriate.
    (vi) Special forwarding arrangements. Full cost of special 
arrangements for forwarding material requested.
    (vii) Statutory supersession. Where a Federal statute prohibits the 
assessment of a charge for a service or addresses an aspect of that 
charge, the statute shall take precedence over this paragraph (o).
    (p) Assessment of a fee with respect to the provision of custom 
tailored information where the identification of the beneficiary is 
obscure and where provision of the information can be seen as 
benefiting the public generally. When the identification of a specific 
beneficiary with respect to the provision of custom tailored 
information is obscure, the service can be considered primarily as 
benefiting broadly the general public, and the estimated cost of 
providing the information is less than $1,000.00, the Director of 
Administration shall determine whether or not a fee is to be charged. 
In any such case where the cost is $1,000.00 or more, the request shall 
be referred by the Director of Administration to the three-member Board 
for a determination whether or not a fee is to be assessed.

    Dated: May 30, 1995.
    By Authority of the Board.

    For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 95-13845 Filed 6-6-95; 8:45 am]
BILLING CODE 7905-01-P