[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Rules and Regulations]
[Pages 53003-53004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14883]


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RAILROAD RETIREMENT BOARD

20 CFR Part 320

RIN 32207-AB58


Electronic Filing of Reconsideration Requests by Railroad 
Employers

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) amends 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 amended rule 
allows reconsideration requests to be made by railroad employers either 
in writing or electronically. In addition, Sec.  320.10(c) and 
320.10(d) inadvertently contain inaccurate references. This amended 
rule corrects those references.

DATES: Effective Date: This regulation will be effective September 8, 
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) 754-4701.

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 Railroad Retirement Board amends its regulations 
to allow railroad employers to use

[[Page 53004]]

updated technology, such as computers and e-mail, to request 
reconsideration of an initial decision. Specifically, the Board amends 
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 Railroad Retirement Board amends section 320.10(c) 
to change the incorrect reference of ``Sec.  310.12'' to the correct 
references of ``Sec.  320.12'' in the last two sentences of this 
section.
    Section 320.10(d) is amended to change the incorrect references of 
``Sec.  310.5'' to the correct reference of ``Sec.  320.5'' in the 
first sentence of this section. This section is also amended to provide 
that a railroad employer's request for reconsideration can be made in 
writing or electronically.
    The Board published the proposed rule on July 25, 2005 (70 FR 
42517) and invited comments by September 23, 2005. No comments were 
received. Accordingly, the proposed rule is being published as a final 
rule without change.

Collection of Information Requirements

    There is an information collection impacted by the amended rule:
    The Railroad Retirement Board is providing notice that OMB has 
approved the information collection requirements contained in the 
affected sections of these final rules. The OMB Control Number for this 
collection is 3220-0171, expiring June 30, 2008.
    The Board, with the concurrence of the Office of Management and 
Budget (OMB), has determined that this is not a significant regulatory 
action under Executive Order 12866. Therefore, no regulatory impact 
analysis is required.

List of Subjects in 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 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

0
1. The authority citation for part 320 continues to read as follows:

    Authority: 45 U.S.C. 355 and 362(1).

0
2. Section 320.10 is amended as follows:
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a. Add a new sentence at the end of paragraph (a);
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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
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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: September 5, 2006.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
 [FR Doc. E6-14883 Filed 9-7-06; 8:45 am]
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