[Federal Register Volume 67, Number 26 (Thursday, February 7, 2002)]
[Rules and Regulations]
[Page 5723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2944]


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RAILROAD RETIREMENT BOARD

20 CFR Part 200

RIN 3220-AB48


Assessment or Waiver of Interest, Penalties, and Administrative 
Costs with Respect to Collection of Certain Debts

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) amends its regulations 
to conform those regulations to the practice of the agency to waive 
interest, penalties, and administrative costs where a debt is being 
recovered by setoff from current annuities and where the debt was not 
caused by fraud. This amendment conforms the regulation to current 
agency practice.

EFFECTIVE DATE: February 7, 2002.

FOR FURTHER INFORMATION CONTACT: Michael C. Litt, Office of General 
Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, 
Illinois 60611-2092, (312) 751-4929, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Section 200.7 of the Board's regulations 
provides for the assessment and waiver of interest, penalties, and 
administrative costs with respect to the collection of debts owed the 
Board. This final rule amends the regulations so that the assessment of 
interest, penalties and administrative costs will be automatically 
waived in any case where the debt is being recovered by full or partial 
withholding of current annuities payable under the Railroad Retirement 
Act and where fraud on the part of the debtor is not involved. This 
amendment conforms the Board's regulations to Board policy regarding 
recovery of debts due to the Board. The Social Security Administration 
also follows this same practice.
    The Board published this rule as a proposed rule on September 5, 
2001 (66 FR 46408), and invited comments by November 5, 2001. No 
comments were received. Accordingly, the proposed rule is adopted by 
the majority of the Board, Management Member dissenting, 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 
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 retirement.

    For the reasons set out in the preamble, the Railroad Retirement 
Board amends 20 CFR part 200 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. Amend Sec. 200.7 by adding a new paragraph (i) to read as 
follows:


Sec. 200.7  Assessment or waiver of interest, penalties, and 
administrative costs with respect to collection of certain debts.

* * * * *
    (i) The Board shall waive the collection of interest, penalties, 
and administrative costs in any case where the debt to be recovered is 
being recovered by full or partial withholding of a current annuity 
payable under the Railroad Retirement Act and the debt was not incurred 
through fraud.

    Dated: February 1, 2002.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 02-2944 Filed 2-6-02; 8:45 am]
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