[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Proposed Rules]
[Pages 42517-42518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14227]


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RAILROAD RETIREMENT BOARD

20 CFR Part 320

RIN 3220-AB58


Electronic Filing of Reconsideration Requests by Railroad 
Employers

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend 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 
proposed rule would allow reconsideration requests to be made by 
railroad employers either in writing or electronically. In addition, 
Sec. Sec.  320.10(c) and 320.10(d) inadvertently contain inaccurate 
references. This proposed rule would correct those references.

DATES: Submit comments on or before September 23, 2005.

ADDRESSES: Address any comments concerning this proposed rule to 
Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 
844 North Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General General Counsel, (312) 751-4945, TTD (312) 751-4701.

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 proposed rule would allow railroad employers to 
use updated technology, such as computers and e-mail, to request 
reconsideration of an initial decision. Specifically, the Board 
proposes to amend 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 proposed rule would amend section 320.10(c) to 
change the incorrect references to ``Sec.  310.12'' to the correct 
references of ``Sec.  320.12'' in the last two sentences of this 
section.
    Section 320.10(d) is proposed to be amended to change the incorrect 
reference to ``Sec.  310.5'' to the correct reference of ``Sec.  
320.5'' in the first sentence of this section. This section would also 
be amended to provide that a railroad employer's request for 
reconsideration can be made in writing or electronically.

Collection of Information Requirements

    There is an information collection impacted by the proposed rule:
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the Railroad Retirement Board (Board) has submitted the 
following proposal(s) for the collection of information to the Office 
of Management and Budget for review and approval.
    Summary of Proposal(s):
    (1) Collection Title: RUIA Claims Notification System.
    (2) Form(s) Submitted: ID-4K, ID-4K (Internet), ID-4E, ID-4E 
(Internet).
    (3) OMB Number: 3220-0171.
    (4) Expiration Date of Current OMB Clearance: 9/30/2005.
    (5) Type of Request: Revision of a currently approved collection.
    (6) Respondents: Business or other for-profit.
    (7) Estimated Annual Number of Respondents: 669.
    (8) Total Annual Responses: 18,700.
    (9) Total Annual Reporting Hours: 339.
    (10) Collection Description: Section 5(b) of the RUIA requires that 
effective January 1, 1990, ``* * * when a claim for benefits is filed 
with the Board, the Board shall provide notice of such claim to the 
claimant's base-year employer or employers and afford such employer or 
employers an opportunity to submit information relevant to the claim 
before making an initial determination on the claim. When the Board 
initially determines to pay benefits to a claimant under this Act, the 
Board shall provide notice of such determination to the claimant's 
base-year employer or employers.''
    The purpose of the RUIA Claims Notification System is to provide to 
every unemployment and sickness claimant's base-year employer or 
current employer, notice of each claim for benefits under the RUIA and 
to provide an opportunity for employers to convey information relevant 
to the proper adjudication of the claim. Railroad employers currently 
receive notice of applications and claims by one of two options. The 
first option, Form ID-4K, is a computer generated form letter notice of 
all unemployment applications, unemployment claims and sickness claims 
received from employees of a railroad company on a particular day. 
Forms Letters ID-4K are mailed on a daily basis to officials designated 
by railroad employers.

[[Page 42518]]

    The second option is an Electronic Data Interchange (EDI) version 
of the Form Letter ID-4K notice. EDI notices of applications are 
transmitted to participating railroads on a daily basis, generally on 
the same day that unemployment applications and unemployment and 
sickness claims are received. Railroad employers can respond to Board 
notices of applications and claims manually by mailing a completed ID-
4K back to the Board or electronically via EDI. No changes are being 
proposed to Form ID-4K. However, the Board is proposing the 
establishment of a third option, an Internet equivalent ID-4K which 
will provide for the required notification by the Board and response 
from railroad employers through the Board's Internet-based Employer 
Reporting System. Completion is voluntary.
    Upon receipt of notice the Board has allowed a claim, either in 
whole or in part, the claimant's base-year employer (s) may request a 
review of the determination to pay benefits, if the employers believe 
the determination is incorrect. The Board will utilize proposed Form 
Letter ID-4E, Notice of RUIA Claim Determinations and a proposed 
Internet equivalent ID-4E to notify base-year employers when the Board 
has made a determination to pay benefits and to allow them to request 
the Board to review the determination. Form Letter ID-4E will be mailed 
on a daily basis to officials designated by railroad employers. The 
Internet equivalent option of the ID-4E notice will be sent to 
participating railroads via the Internet on a daily basis, generally on 
the same day that the claims are approved for payment. Railroad 
employers will be able to request that the Board review the 
determination by either filing a completed ID-4E with the Board by Mail 
or via the Internet. Completion is voluntary.

                                      Estimate of Annual Respondent Burden
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                                                                      Annual
                              Table                                  responses      Time (min)     Burden hours
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ID-4K (Manual)..................................................           1,250               2              42
ID-4K (EDI).....................................................          14,850           (\1\)             210
ID-4K (Internet)................................................           2,500               2              83
ID-4E (Manual)..................................................              75               2               3
ID-4E (Internet)................................................              25               2               1
                                                                 -----------------
    Total.......................................................          18,700  ..............            339
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\1\ The burden for the 5 participating employers who transmit EDI responses is calculated at 10 minutes each per
  day, 251 workdays a year or 210 total hours of burden.

    Comments are invited on: (a) Whether the proposed information 
collection is necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility; 
(b) the accuracy of the Board's estimate of the burden of the 
collection of the information; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden related to the collection of information on 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    To request more information or to obtain a copy of the information 
collection justification, forms, and/or supporting material, please 
contact the Board Clearance Officer at (312) 751-3363 or 
[email protected]. Comments regarding the information collection 
should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 
N. Rush Street, Chicago, Illinois 60611-2092 or [email protected] 
and to the OMB Desk Officer for the Board, at the Office of Management 
and Budget, Room 10230, New Executive Office Building, Washington DC 
20503. Comments can be received from 30 days of publication up to the 
close of the rules comment period but comment to OMB will be most 
useful if received by OMB within 30 days of publication of this notice.

List of Subjects in 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 proposes to amend 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

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

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

    2. Section 320.10 is amended as follows:
    a. Add a new sentence at the end of paragraph (a);
    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
    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: July 15, 2005.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05-14227 Filed 7-22-05; 8:45 am]
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