[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54812-54813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22498]


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RAILROAD RETIREMENT BOARD


Proposed Collections; Comment Request

    Summary: In accordance with the requirement of Section 
3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides 
opportunity for public comment on new or revised data collections, the 
Railroad Retirement Board (RRB) publishes periodic summaries of 
proposed data collections.
    Comments are invited on: (a) Whether the proposed information 
collection(s) is necessary for the proper performance of the functions 
of the agency, including whether the information has practical utility; 
(b) the accuracy of the RRB'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.

1. Title and Purpose of Information Collection

    Railroad Service and Compensation Reports/System Access 
Application; OMB 3220-0008. Under Section 9 of the Railroad Retirement 
Act (RRA) and Section 6 of the Railroad Unemployment Insurance Act 
(RUIA) the Railroad Retirement Board (RRB) maintains for each railroad 
employee a record of compensation paid to that employee by all railroad 
employers for whom the employee worked after 1936. This record, which 
is used by the RRB to determine eligibility for, and amount of, 
benefits due under the laws it administers, is conclusive as to the 
amount of compensation paid to an employee during such period(s) 
covered by the report(s) of the compensation by the employee's railroad 
employer(s), except in cases when an employee files a protest 
pertaining to his or her reported compensation within the statue of 
limitations cited in Section 9 of the RRA and Section 6 of the RUIA.
    To enable the RRB to establish and maintain the record of 
compensation, employers are required to file with the RRB, in such 
manner and form and at such times as the RRB prescribes, reports of 
compensation of employees. Railroad Employers' Reports and 
Responsibilities are prescribed in 20 CFR 209. The RRB currently 
utilizes Form BA-3, Annual Report of Compensation and Form BA-4, Report 
of Creditable Compensation Adjustments, to secure required information 
from railroad employers. Form BA-3 provides the RRB with information 
regarding annual creditable service and compensation for each 
individual who worked for a railroad employer covered by the RRA and 
RUIA in a given year. Form BA-4 provides for the adjustment of any 
previously submitted reports and also the opportunity to provide any 
service and compensation that had been previously omitted. Requirements 
specific to Forms BA-3 and BA-4 are prescribed in 20 CFR 209.8 and 
209.9.
    Employers currently have the option of submitting the reports on 
the aforementioned forms, electronically by File Transfer Protocol 
(FTP), secure E-mail or via the Internet utilizing the RRB's Employer 
Reporting System (ERS) (for Form BA-4), or in like format on magnetic 
tape cartridges, and CD-ROMs. The RRB proposes the implementation of an 
Internet equivalent version of Form BA-3 that can be submitted through 
the ERS which will include the option to file a ``negative report''. 
Minor non-burden impacting changes are proposed to Form BA-4.
    The information collection also includes RRB Form BA-12, 
Application for Employer Reporting Internet Access and Form G-440, 
Report Specifications Sheet. Form BA-12 is completed by railroad 
employers to obtain system access to the RRB's Employer Reporting 
System (ERS). Once access is obtained, authorized employees may submit 
reporting forms to the RRB via the Internet. The form determines what 
degree of access (view/only, data entry/modification or approval/
submission) is appropriate for that employee. It is also used to 
terminate an employee's access to ERS. Form G-440, Report 
Specifications Sheet, serves as a certification document for various 
RRB employer reporting forms (Forms BA-3, BA-4, Form BA-6a, BA-6, 
Address Report (OMB 3220-0005), BA-9, Report of Separation Allowance or 
Severance Pay (OMB 3220-0173) and BA-11, Report of Gross Earnings (OMB 
3220-0132). It records the type of medium the report was submitted on, 
and serves as a summary recapitulation sheet for reports filed on 
paper. The RRB proposes minor non-burden impacting changes to Form BA-
12 and G-440.
    The estimated completion times for Form(s) BA-3, BA-4, BA-12 and G-
440 vary, depending on circumstances and the method of submission. The 
completion time for Form BA-3 is estimated at 46 hours and 15 minutes 
per response for electronic submissions (including the proposed 
Internet equivalent BA-3) to 116 hours and 51 minutes for manual 
responses. The completion time for Form BA-4 is estimated at 20 minutes 
for an ERS Internet-based response, 60 minutes for an electronic 
submission (magnetic tape cartridge, CD-ROM, secure E-mail, FTP) and 75 
minutes for a manual response. The completion time for form BA-12 is 
estimated at 10 minutes when used to terminate system access and 20 
minutes when used to obtain system access. The completion time for Form 
G-440 is estimated at 15 minutes when submitted with a paper form and/
or used to file a ``zero'' or ``no employees'' certification, 30 
minutes when used as an electronic medium reporting/certification form, 
and 1 hour and 15 minutes when used as a certification and 
recapitulation form. Submission of Form BA-3, BA-4, and G-440 is 
mandatory. Completion of Form BA-12 is voluntary. It is completed only 
if an employer wants to submit reports via the Internet. One response 
is requested of each respondent for all of the forms in the collection. 
Depending on circumstances and method of submission chosen, multiple 
responses will be received from a respondent for Form BA-4 and G-440. 
The annual respondent burden for the information collection is 
estimated at 6,841 responses and 31,014 hours.

2. Title and Purpose of Information Collection

    Gross Earnings Report; OMB 3220-0132. In order to carry out the 
financial interchange provisions of section 7(c)(2) of the Railroad 
Retirement Act (RRA), the RRB obtains annually from railroad employer's 
the gross earnings for their employees on a one-percent basis, i.e., 1% 
of each employer's railroad employees. The gross earnings sample is

[[Page 54813]]

based on the earnings of employees whose social security numbers end 
with the digits ``30.'' The gross earnings are used to compute payroll 
taxes under the financial interchange.
    The gross earnings information is essential in determining the tax 
amounts involved in the financial interchange with the Social Security 
Administration and Centers for Medicare and Medicaid Services. Besides 
being necessary for current financial interchange calculations, the 
gross earnings file tabulations are also an integral part of the data 
needed to estimate future tax income and corresponding financial 
interchange amounts. These estimates are made for internal use and to 
satisfy requests from other government agencies and interested groups. 
In addition, cash flow projections of the social security equivalent 
benefit account, railroad retirement account and cost estimates made 
for proposed amendments to laws administered by the RRB are dependent 
on input developed from the information collection.
    The RRB utilizes Form BA-11 or its electronic equivalent(s) to 
obtain gross earnings information from railroad employers. Employers 
currently have the option of preparing and submitting BA-11 reports on 
paper, (or in like format) on magnetic tape cartridges, File Transfer 
Protocol (FTP) or secure E-mail. Completion is mandatory. One response 
is requested of each respondent. The RRB proposes no changes to Form 
BA-11. However, the RRB does propose the implementation of an Internet 
equivalent version of Form BA-11 that can be submitted through the 
Employer Reporting System. The Internet equivalent BA-11 will include 
the option to file a ``negative report'' (no employees, or no employees 
with the digits ``30'').
    The RRB estimates the completion time for BA-11 information as 
follows: 5 hours for BA-11 responses submitted via magnetic tape or 
FTP, and 30 minutes for paper, CD-ROM, secure E-mail, and the Internet-
based ERS system (proposed). ``Negative'' reports of gross earnings 
information (no employees, or no employees with social security numbers 
ending with the digits ``30''), filed through the ERS system are 
estimated to take an average of 15 minutes to complete. The annual 
respondent burden for the information collection is estimated at 327 
responses and 164 hours.
    Additional Information or Comments: To request more information 
regarding any of the information collections listed above or to obtain 
copies of the information collection justifications, forms, and/or 
supporting material, please call the RRB Clearance Officer at (312) 
751-3363 or send an e-mail request to [email protected]. Comments 
regarding the information collections should be sent to Patricia A. 
Henaghan, Railroad Retirement Board, 844 North Rush Street, Chicago, 
Illinois 60611-2092 or via e-mail to [email protected]. 
Comments should be received within 60 days of this notice.

Charles Mierzwa,
Clearance Officer.
[FR Doc. 2011-22498 Filed 9-1-11; 8:45 am]
BILLING CODE 7905-01-P