[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8894-8897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03107]


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RAILROAD RETIREMENT BOARD


Proposed Collection; 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

[[Page 8895]]

comment on new or revised data collections, the Railroad Retirement 
Board (RRB) will publish periodic summaries of proposed data 
collections.
    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 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: Placement Service; 
OMB 3220-0057. Section 12(i) of the Railroad Unemployment Insurance Act 
(RUIA), authorizes the RRB to establish, maintain, and operate free 
employment offices to provide claimants for unemployment benefits with 
job placement opportunities. Section 704(d) of the Regional Railroad 
Reorganization Act of 1973, as amended, and as extended by the 
Consolidated Omnibus Budget Reconciliation Act of 1985, required the 
RRB to maintain and distribute a list of railroad job vacancies, by 
class and craft, based on information furnished by rail carriers to the 
RRB. Although the requirement under the law expired effective August 
13, 1987, the RRB has continued to obtain this information in keeping 
with its employment service responsibilities under Section 12(k) of the 
RUIA. Application procedures for the job placement program are 
prescribed in 20 CFR 325. The procedures pertaining to the RRB's 
obtaining and distributing job vacancy reports furnished by rail 
carriers are described in 20 CFR 346.1.
    The RRB currently utilizes four forms to obtain information needed 
to carry out its job placement responsibilities. Form ES-2, Central 
Register Notification, is used by the RRB to obtain information needed 
to update a computerized central register of separated and furloughed 
railroad employees available for employment in the railroad industry. 
Forms ES-21, Referral to State Employment Service, and ES-21c, Report 
of State Employment Service Office, are used by the RRB to provide 
placement assistance for unemployed railroad employees through 
arrangements with State Employment Service offices. Form UI-35, Field 
Office Record of Claimant Interview, is used primarily by the RRB to 
conduct in-person interviews of claimants for unemployment benefits.
    Completion of these forms is required to obtain or maintain a 
benefit. In addition, the RRB also collects Railroad Job Vacancies 
information received voluntarily from railroad employers. The RRB no 
longer offers the Central Register as a basic employment service as of 
April 2017 and propose to obsolete Form ES-2. The RRB proposes no 
changes to Forms ES-21 and ES-21c and proposes minor changes to Form 
UI-35 to remove all reference to the obsolete Central Register and 
renumber accordingly.

                                  Estimate of Current Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
ES-2............................................................           3,750            0.25              16
ES-21...........................................................              80            0.68             0.9
ES-21c..........................................................              25            1.50             0.6
* UI-35 in person...............................................           6,300            7.00             735
* UI-35 by mail.................................................             700           10.50             123
Job Vacancies...................................................             470           10.00              78
                                                                 -----------------------------------------------
    Total.......................................................          11,325  ..............             953
----------------------------------------------------------------------------------------------------------------


                                  Estimate of Proposed Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
ES-21...........................................................              80            1.00               1
ES-21c..........................................................              25            2.00               1
*UI-35 in person................................................           6,300            7.00             735
*UI-35 by mail..................................................             700           11.00             128
Job Vacancies...................................................             470           10.00              78
                                                                 -----------------------------------------------
    Total.......................................................           7,575  ..............             943
----------------------------------------------------------------------------------------------------------------

    2. Title and purpose of information collection: Certification 
Regarding Rights to Unemployment Benefits; OMB 3220-0079.
    Under Section 4 of the Railroad Unemployment Insurance Act (RUIA), 
an employee who leaves work voluntarily is disqualified for 
unemployment benefits unless the employee left work for good cause and 
is not qualified for unemployment benefits under any other law. RRB 
Form UI-45, Claimant's Statement--Voluntary Leaving of Work, is used by 
the RRB to obtain the claimant's statement when the claimant, the 
claimant's employer, or another source indicates that the claimant has 
voluntarily left work.
    Completion of Form UI-45 is required to obtain or retain benefits. 
One response is received from each respondent. The RRB proposes no 
changes to Form UI-45.

[[Page 8896]]



                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
UI-45...........................................................             200              15              50
Total...........................................................             200  ..............              50
----------------------------------------------------------------------------------------------------------------

    3. Title and purpose of information collection: Self-Employment and 
Substantial Service Questionnaire; OMB 3220-0138.
    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 nonrailroad 
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 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 the ``LPE.''
    The ``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 is the last person for whom he or she worked.
    The RRB utilizes Form AA-4, Self-Employment and Substantial Service 
Questionnaire, to obtain information needed to determine if the work 
the applicant claims is self-employment is really self-employment or 
work for an LPE or railroad service. If the work is self-employment, 
the questionnaire identifies any month in which the applicant did not 
perform substantial service. One response is requested of each 
respondent. Completion is voluntary. However, failure to complete the 
form could result in the nonpayment of benefits. The RRB proposes to 
the following changes to Form AA-4:
     Update the officer title and RRB zip code in the Paperwork 
Reduction Act/Privacy Act Notices section;
     update the example date in Section 1--General 
Instructions; and
     update the RRB office hours in Section 7--Certification.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
AA-4 (With assistance)..........................................             570              40             380
AA-4 (Without assistance).......................................              30              70              35
                                                                 -----------------------------------------------
    Total.......................................................             600  ..............             415
----------------------------------------------------------------------------------------------------------------

    4. Title and purpose of information collection: Withholding 
Certificate for Railroad Retirement Monthly Annuity Payments; OMB 3220-
0149.
    The Internal Revenue Code requires that all payers of tax liable 
private pensions to U.S. citizens or residents: (1) Notify each 
recipient at least concurrent with initial withholding that the payer 
is, in fact, withholding benefits for tax liability and that the 
recipient has the option of electing not to have the payer withhold, or 
to withhold at a specific rate; (2) withhold benefits for tax purposes 
(in the absence of the recipient's election not to withhold benefits); 
and (3) notify all beneficiaries, at least annually, that they have the 
option to change their withholding status or elect not to have benefits 
withheld.
    The RRB provides Form RRB-W4P, Withholding Certificate for Railroad 
Retirement Payments, to its annuitants to exercise their withholding 
options. Completion of the form is required to obtain or retain a 
benefit. One response is requested of each respondent. The RRB proposes 
no changes to Form W-4P.
    The RRB estimates that 25,000 annuitants utilize Form RRB W-4P 
annually. The completion time for Form RRB W-4P varies depending on 
individual circumstances. The estimated average completion time for 
Form RRB W-4P is 39 minutes for recordkeeping, 24 minutes for learning 
about the law or the form, and 59 minutes for preparing the form.
    5. Title and purpose of information collection: Designation of 
Contact Officials; 3220-0200 Coordination between railroad employers 
and the RRB is essential to properly administer the payment of benefits 
under the Railroad Retirement Act (RRA) and the Railroad Unemployment 
Insurance Act (RUIA). In order to enhance timely coordination activity, 
the RRB utilizes Form G-117a, Designation of Contact Officials. Form G-
117a is used by railroad employers to designate employees who are to 
act as point of contact with the RRB on a variety of RRA and RUIA-
related matters.
    Completion is voluntary. One response is requested from each 
respondent. The RRB proposes no changes to Form G-117a.

[[Page 8897]]



                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
G-117a..........................................................             100              15              25
                                                                 -----------------------------------------------
    Total.......................................................             100  ..............              25
----------------------------------------------------------------------------------------------------------------

    Additional Information or Comments: To request more information or 
to obtain a copy of the information collection justification, forms, 
and/or supporting material, contact Kennisha C. Tucker at (312) 469-
2591 or [email protected]. Comments regarding the information 
collection should be addressed to Brian Foster, Railroad Retirement 
Board, 844 North Rush Street, Chicago, Illinois 60611-1275 or emailed 
to [email protected]. Written comments should be received within 60 
days of this notice.

Brian D. Foster,
Clearance Officer.
[FR Doc. 2020-03107 Filed 2-14-20; 8:45 am]
BILLING CODE 7905-01-P