[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Notices]
[Pages 37804-37805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13413]


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RAILROAD RETIREMENT BOARD


Agency Forms Submitted for OMB Review, Request for Comments

    Summary: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding 
an Information Collection Request (ICR) to the Office of Information 
and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) to 
request a revision to a currently approved collection of information: 
3220-0138, Self-Employment and Substantial Service Questionnaire 
consisting of Form AA-4, Self-Employment and Substantial Service 
Questionnaire.
    The RRB invites comments on the proposed collection of information 
to determine (1) The practical utility of the collection; (2) the 
accuracy of the estimated burden of the collection; (3) ways to enhance 
the quality, utility and clarity of the information that is the subject 
of collection; and (4) ways to

[[Page 37805]]

minimize the burden of collections on respondents, including the use of 
automated collection techniques or other forms of information 
technology. Comments to RRB or OIRA must contain the OMB control number 
of the ICR. For proper consideration of your comments, it is best if 
RRB and OIRA receive them within 30 days of publication date.
    Section 2 of the Railroad Retirement Act (RRA) provides for payment 
of annuities to qualified employees and their spouses. In order to 
receive an age and service annuity, Section 2(e)(3) states that an 
applicant must stop all railroad work and give up any rights to return 
to such work. However, applicants are not required to stop non-railroad 
work or self-employment.
    The RRB considers some work claimed as ``self-employment'' to 
actually be employment for an employer. Whether the RRB classifies a 
particular activity as self-employment or as work for an employer 
depends upon the circumstances of each case. These circumstances are 
prescribed in 20 CFR part 216.
    Under the 1988 amendments to the RRA, an applicant is no longer 
required to stop work for a ``Last Pre-Retirement Nonrailroad 
Employer'' (LPE). However, section 2(f)(6) of the RRA requires that a 
portion of the employee's Tier II benefit and supplemental annuity be 
deducted for earnings from a ``LPE'' employer.
    ``LPE'' is defined as the last person, company or institution with 
whom the employee or spouse applicant was employed concurrently with, 
or after, the applicant's last railroad employment and before their 
annuity beginning date. If a spouse never worked for a railroad, the 
LPE employer is the last person for whom he or she worked.
    The RRB utilizes Form AA-4, Self-Employment and Substantial Service 
Questionnaire, when an applicant claims to be self-employed to obtain 
information needed to determine if the applicant's work is LPE, 
railroad service or self-employment. If the work is self-employment, 
the questionnaire identifies any months in which the applicant did not 
perform substantial service. The RRB proposes editorial and formatting 
changes to Form AA-4. Other non-burden impacting changes proposed 
include dividing current items containing multiple questions into 
separate items with Yes/No responses and skip patterns. Checklists have 
also been added to many items to obtain more standardized responses.
    Our ICR describes the information we seek to collect from the 
public. If a respondent fails to complete Form AA-4, the RRB may be 
unable to pay them benefits. The completion time for the form is 
estimated at 40 to 70 minutes. One response is received from each 
respondent. Review and approval by OIRA ensures that we impose 
appropriate paperwork burdens.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (72 FR 19555 on April 18, 2007) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Self-Employment and Substantial Service Questionnaire.
    OMB Control Number: 3220-0138.
    Form(s) submitted: AA-4.
    Type of request: Revision of a currently approved collection.
    Affected public: Individuals or households.
    Abstract: Section 2 of the Railroad Retirement Act provides for 
payment of annuities to qualified employees and their spouses. Work for 
a Last Pre-Retirement Nonrailroad Employer (LPE), and work in self-
employment affect payments in different ways. This collection obtains 
information to determine whether claimed self-employment is really 
self-employment, and not work for a railroad or LPE.
    Changes Proposed: The RRB proposes editorial and formatting changes 
to Form AA-4. Other non-burden impacting changes include dividing 
current items containing multiple questions into separate items with 
Yes/No responses and skip patterns. Checklists have also been added to 
many items to obtain more standardized responses.
    The burden estimate for the icr is as follows:
    Estimated Completion Time for Form AA-4: 40 to 70 minutes.
    Estimated annual number of respondents: 600.
    Total annual responses: 600.
    Total annual reporting hours: 415.
    Additional Information or Comments: Copies of the forms and 
supporting documents can be obtained from Charles Mierzwa, the agency 
clearance officer (312-751-3363) or [email protected].
    Comments regarding the information collection should be addressed 
to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, 
Chicago, Illinois, 60611-2092 or [email protected] and to the OMB 
Desk Officer for the RRB, at the Office of Management and Budget, Room 
10230, New Executive Office Building, Washington, DC 20503.

Charles Mierzwa,
Clearance Officer.
 [FR Doc. E7-13413 Filed 7-10-07; 8:45 am]
BILLING CODE 7905-01-P