[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31232-31235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11019]


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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, the 
Railroad Retirement Board (RRB) is forwarding 4 Information Collection 
Requests (ICR) to the Office of Information and Regulatory Affairs 
(OIRA), Office of Management and Budget (OMB). Our ICR describes the 
information we seek to collect from the public. Review and approval by 
OIRA ensures that we impose appropriate paperwork burdens.
    The RRB invites comments on the proposed collections of information 
to determine (1) the practical utility of the collections; (2) the 
accuracy of the estimated burden of the collections; (3) ways to 
enhance the quality, utility, and clarity of the information that is 
the subject of collection; and (4) ways to minimize the burden of 
collections on respondents, including the use of automated collection 
techniques or other forms of information technology. Comments to the 
RRB or OIRA must contain the OMB control number of the ICR. For proper 
consideration of your comments, it is best if the RRB and OIRA receive 
them within 30 days of the publication date.
    1. Title and purpose of information collection: Placement Service; 
OMB 3220-0057.
    Section 12(i) of the Railroad Unemployment Insurance Act (RUIA) (45 
U.S.C. 362), 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.

[[Page 31233]]

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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (85 FR 8895 on February 18, 2020) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Placement Service.
    OMB Control Number: 3220-0057.
    Form(s) submitted: ES-2, ES-21, ES-21c, UI-35 and Job Vacancies 
Report.
    Type of request: Revision of a currently approved collection.
    Affected public: Private Sector, Businesses or other for-profits; 
Individuals or Households; State, Local, and Tribal Governments.
    Abstract: Under the RUIA, the Railroad Retirement Board provides 
job placement assistance for unemployed railroad workers. The 
collection obtains information from job applicants, railroad employers, 
and State Employment Service offices for use in placement, for 
providing referrals for job openings, reports of referral results and 
for verifying and monitoring claimant eligibility.
    Changes proposed: 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.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (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) 
(45 U.S.C. 354), 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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (85 FR 8895 on February 18, 2020) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Certification Regarding Rights to Unemployment Benefits.
    OMB Control Number: 3220-0079.
    Form(s) submitted: UI-45.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: In administering the disqualification for the voluntary 
leaving of work provision of Section 4 of the Railroad Unemployment 
Insurance Act, the Railroad Retirement Board investigates an 
unemployment claim that indicates the claimant left voluntarily. The 
certification obtains information needed to determine if the leaving 
was for good cause.
    Changes proposed: The RRB proposes no changes to Form UI-45.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
UI-45........................................................             200               15               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) (45 U.S.C. 231a) 
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

[[Page 31234]]

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.
    Completion is voluntary. However, failure to complete the form 
could result in the nonpayment of benefits. One response is requested 
of each respondent.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (85 FR 8896 on February 18, 2020) 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 (RRA) 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 payment 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 minor non-burden impacting 
changes to the form AA-4.
    The burden estimate for the ICR is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                            Form No.                                 responses    Time (minutes)  Burden (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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (85 FR 8896 on February 18, 2020) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Withholding Certificate for Railroad Retirement Monthly 
Annuity Payments.
    OMB Control Number: 3220-0149.
    Form(s) submitted: RRB W-4P.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Individuals or Households.
    Abstract: Under Public Law 98-76, railroad retirement 
beneficiaries' Tier II, dual vested and supplemental benefits are 
subject to income tax under private pension rules. Under Public Law 99-
514, the non-social security equivalent benefit portion of Tier I is 
also taxable under private pension rules. The collection obtains the 
information needed by the Railroad Retirement Board to implement the 
income tax withholding provisions.
    Changes proposed: The RRB proposes no changes to Form RRB W-4P.
    The burden estimate for the ICR is as follows:
    Estimated annual number of respondents: 25,000.
    Total annual responses: 25,000.
    Total annual reporting hours: 1.
    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.
    Previous Requests for Comments: The RRB has already published the 
initial 60-day notice (85 FR 8896 on February 18, 2020) required by 44 
U.S.C. 3506(c)(2). That request elicited no comments.

Information Collection Request (ICR)

    Title: Designation of Contact Officials.
    OMB Control Number: 3220-0200.
    Form(s) submitted: G-117A.
    Type of request: Extension without change of a currently approved 
collection.
    Affected public: Private Sector; Businesses or other for profits.
    Abstract: The Railroad Retirement Board (RRB) requests that 
railroad employers designate employees to act as liaison with the RRB 
on a variety of Railroad Retirement Act and Railroad Unemployment 
Insurance Act matters.
    Changes proposed: The RRB proposes no revisions to Form G-117A.
    The burden estimate for the ICR is as follows:

[[Page 31235]]



----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-117A.......................................................             100               15               25
----------------------------------------------------------------------------------------------------------------

    Additional Information or Comments: Copies of the forms and 
supporting documents can be obtained from Kennisha 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 
[email protected].
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

Brian Foster,
Clearance Officer.
[FR Doc. 2020-11019 Filed 5-21-20; 8:45 am]
 BILLING CODE 7905-01-P