Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 5691

PART 750—[AMENDED] 

24. The authority citation for 15 CFR 

part 750 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 7, 2003, 68 FR 47833, August 11, 

2003.

25. Section 750.7 is amended by 

revising paragraph (c)(1)(viii) to read as 

follows:

§ 750.7 Issuance of licenses.

* * * * *

(c) * * * 

(1) * * * 

(viii) Change in ECCN, unit of 

quantity, or unit price, where necessary 

only for the purpose of conforming to an 

official revision in the CCL; or wording 

of the item description. This does not 

cover an actual change in the item to be 

shipped, or an increase in the total price 

or quantity on the license; or

* * * * *

PART 752—[AMENDED] 

26. The authority citation for 15 CFR 

part 752 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, 

3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; Notice of 

August 7, 2003, 68 FR 47833, August 11, 

2003.

27. Section 752.3 is amended by 

revising paragraphs (a)(2) and (a)(3) to 

read as follows:

§ 752.3 Eligible items. 

(a) * * * 

(2) Items controlled by ECCNs 1C351, 

1C352, 1C353, 1C354, 1C991, 1E001, 

2B352, 2E001, 2E002, and 2E301 on the 

CCL controlled for CB reasons; 

(3) Items controlled by ECCNs 1C350, 

1C995, 1D390, 1E350, 1E351, 2B350, 

and 2B351 on the CCL that can be used 

in the production of chemical weapons 

precursors and chemical warfare agents, 

to destinations listed in Country Group 

D:3 (see Supplement No. 1 to part 740 

of the EAR);

* * * * *

Dated: January 13, 2004. 

Peter Lichtenbaum, 

Assistant Secretary for Export 

Administration.

[FR Doc. 04–1737 Filed 2–5–04; 8:45 am] 

BILLING CODE 3510–33–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404 

RIN 0960–AF82 

Interrelationship of Old-Age, Survivors 

and Disability Insurance Program With 

the Railroad Retirement Program

AGENCY: Social Security Administration 

(SSA).

ACTION: Final rule.

SUMMARY: We are issuing these final 

rules to conform our regulations to a 

self-implementing provision in current 

law that affects benefit coordination 

between the Railroad Retirement Act 

and title II of the Social Security Act. 

The amendments modified a Railroad 

Retirement Act requirement involving 

the period of service in the railroad 

industry needed to satisfy certain 

annuity eligibility requirements. We 

refer to that requirement herein as the 

‘‘vesting requirement.’’ For affected 

persons, this provision established a 

Railroad Retirement Act vesting 

requirement of 5 or more years of 

service, all of which accrue after 

December 31, 1995, as an alternative to 

the existing vesting requirement of 10 

years of service. As a result of this 

provision, certain railroad workers who 

meet the alternative 5-year vesting 

requirement, and other affected persons, 

will now receive benefits under the 

Railroad Retirement Act rather than 

under title II of the Social Security Act. 

The amendments made by this 

provision were effective on or after 

January 1, 2002, for all individuals in 

the affected categories. Railroad 

retirement benefits payable on the basis 

of this provision are not retroactive and 

are not payable for months prior to 

January 2002, but are payable beginning 

January 1, 2002, to those with 5 years 

of service after 1995. Railroad 

employees previously denied benefits 

for insufficient service would have to 

file a new application for railroad 

benefits in order to be considered under 

the new vesting rules.

DATES: These regulations are effective 

February 6, 2004. 

Electronic Version: The electronic file 

of this document is available on the date 

of publication in the Federal Register

on the Internet site for the Government 

Printing Office, http://

www.gpoaccess.gov/fr/index.html. It is 

also available on the Internet site for 

SSA (i.e., Social Security Online) at 

http://policy.ssa.gov/pnpublic.nsf/

LawsRegs.

FOR FURTHER INFORMATION CONTACT:

Marylin Buster, Social Insurance 

Specialist, Office of Income Security 

Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–2490 or TTY (410) 966–5609. 

For information on eligibility, claiming 

benefits, or coverage of earnings, call 

our national toll-free number, 1–800–

772–1213 or TTY 1–800–325–0778.

SUPPLEMENTARY INFORMATION: 

Background 

The Railroad Retirement Act provides 

a system of benefits for railroad 

employees, their dependents and 

survivors. It is integrated with the Social 

Security Act to provide a coordinated 

system of retirement, survivor, 

dependent, and disability benefits 

payable on the basis of an individual’s 

work in the railroad industry and in 

employment and self-employment 

covered by the Social Security Act. 

The Railroad Retirement Act 

distinguishes between ‘‘career’’ railroad 

workers and individuals who may be 

considered ‘‘casual’’ railroad workers by 

vesting people who have specified 

amounts of railroad work. For a vested 

worker, railroad compensation generally 

remains under the Railroad Retirement 

Board (RRB) and is used to compute 

railroad retirement and survivor 

annuities for the worker. For a nonvested worker, railroad compensation is 

transferred from RRB to SSA and is 

combined with any social security 

covered wages and self-employment to 

determine the worker’s eligibility for 

and the amount of title II benefits. 

Section 103 of Pub. L. 107–90, the 

Railroad Retirement and Survivors’

Improvement Act of 2001, modified the 

rules involving the period of railroad 

industry service needed in order to 

satisfy certain annuity eligibility 

requirements under section 2 of the 

Railroad Retirement Act. It affects 

individuals who have attained 

retirement age as defined in the Social 

Security Act. It also affects individuals 

who have attained age sixty-two and 

have completed less than 30 years of 

railroad service, and individuals whose 

permanent physical or mental condition 

is such that they are unable to engage in 

any regular employment. The new 

vesting requirement similarly affects the 

eligibility and entitlement of spouses of 

individuals who performed railroad 

service. Finally, the amendments affect 

the eligibility and entitlement of 

survivors; i.e., widows, children, and 

parents of deceased individuals who 

performed railroad service. 

Under the new amendments, the 

vesting requirement for affected 

individuals is either 10 years of railroad 

service or, for individuals with less than

5692 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 

10 years of service, at least 5 years of 

service, all of which accrue after 

December 31, 1995. Railroad retirement 

benefits payable on the basis of this 

provision are not retroactive and are not 

payable for months prior to January 

2002, but are payable beginning January 

l, 2002, to those with 5 years of service 

after 1995. Employees previously 

denied benefits for insufficient service 

would have to file a new application for 

benefits in order to be considered under 

the new vesting rules. SSA must use the 

revised vesting requirement in 

determining eligibility for, or the 

amount of benefits under, title II of the 

Social Security Act in cases involving 

potential or actual entitlement to a 

railroad annuity. It also affects 

certification by SSA for payment 

purposes, under appropriate 

circumstances to RRB as required by the 

Social Security Act. 

Explanation of Changes 

We are deleting § 404.1403 and 

revising §§ 404.1401, 404.1402, 

404.1405, and 404.1413 to make it clear 

that the railroad vesting requirement is 

either 10 years of service under the 

Railroad Retirement Act or 5 or more 

years of service, all of which accrue 

after December 31, 1995. Railroad 

retirement benefits payable on the basis 

of this provision are not retroactive and 

are not payable for months prior to 

January 2002, but are payable beginning 

January 1, 2002, to those with 5 years 

of service after 1995. Employees 

previously denied benefits for 

insufficient service would have to file a 

new application for benefits in order to 

be considered under the new vesting 

rules. 

Regulatory Procedures

Pursuant to section 702(a)(5) of the 

Social Security Act, 42 U.S.C. 902(a)(5), 

SSA follows the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 U.S.C. 553 in 

the development of its regulations. The 

APA provides exceptions to its prior 

notice and public comment procedures 

when an agency finds there is good 

cause for dispensing with such 

procedures on the basis that they are 

impracticable, unnecessary, or contrary 

to the public interest. 

In the case of these final rules, we 

have determined that, under 5 U.S.C. 

553 (b)(B), good cause exists for 

dispensing with the notice and public 

comment procedures on these rules 

because such procedures are 

unnecessary. Good cause exists because 

these regulations merely conform our 

rules on title II benefits for railroad 

workers to the self-implementing 

vesting provisions in section 103 of 

Public Law 107–90 that we have been 

following operationally since January 

2002. Therefore, opportunity for prior 

comment is unnecessary, and we are 

issuing these regulations as final rules. 

In addition, we find good cause for 

dispensing with the 30-day delay in the 

effective date of a substantive rule, 

provided for by 5 U.S.C. 553(d). As 

explained above, these revisions 

conform our rules on title II benefits for 

railroad workers to current law. 

However, without these changes, our 

rules will conflict with current law and 

may mislead the public. Therefore, we 

find that it is in the public interest to 

make these rules effective upon 

publication. 

Executive Order 12866, as Amended by 

Executive Order 13258 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these final rules do not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as amended by Executive Order 

13258. Thus, they were not subject to 

OMB review. We have also determined 

that these rules meet the plain language 

requirement of Executive Order 12866, 

as amended by Executive Order 13258. 

Regulatory Flexibility Act 

We certify that these final regulations 

will not have a significant economic 

impact on a substantial number of small 

entities. Therefore, a regulatory 

flexibility analysis as provided in the 

Regulatory Flexibility Act, as amended, 

is not required. 

Paperwork Reduction Act 

These final regulations will impose no 

additional reporting or record keeping 

requirements requiring OMB clearance.

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance)

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure; Blind; Disability benefits; 

Old-Age, Survivors and Disability 

Insurance; Reporting and record keeping 

requirements; Social Security.

Dated: January 29, 2004. 

Jo Anne B. Barnhart, 

Commissioner of Social Security.

For the reasons stated in the 

preamble, subpart O of part 404 is 

amended as follows:

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– )

Subpart O—[Amended] 

1. The authority citation for subpart O 

of part 404 continues to read as follows:

Authority: Secs. 202(l), 205(a), (c)(5)(D), (i), 

and (o), 210(a)(9) and (1)(4), 211(c)(3), and 

702(a)(5) of the Social Security Act (42 U.S.C. 

402(l), 405(a), (c)(5)(D), (i), and (o), 410(a)(9) 

and (l)(4), 411(c)(3), and 902(a)(5)).

2. § 404.1401 is revised to read as 

follows:

§ 404.1401 What is the interrelationship 

between the Railroad Retirement Act and 

the Old-Age, Survivors and Disability 

Insurance Program of the Social Security 

Act? 

(a) Background. The Railroad 

Retirement Act provides a system of 

benefits for railroad employees, their 

dependents and survivors, and is 

integrated with the Social Security Act 

to provide a coordinated system of 

retirement, survivor, dependent and 

disability benefits payable on the basis 

of an individual’s work in the railroad 

industry and in employment and selfemployment covered by the Social 

Security Act. With respect to the 

coordination between the two programs, 

the Railroad Retirement Act 

distinguishes between ‘‘career’’ or 

‘‘vested’’ railroad workers and those 

individuals who may be considered 

‘‘casual’’ or ‘‘non-vested’’ railroad 

workers based on the total amount of 

railroad service credited to the worker, 

as explained in paragraph (b) of this 

section. The Railroad Retirement Board 

transfers to the Social Security 

Administration (SSA) the compensation 

records of workers who at the time of 

retirement, onset of disability or death, 

are non-vested and meet certain other 

requirements. Any compensation paid 

to non-vested workers for service after 

1936 becomes wages under the Social 

Security Act (to the extent they do not 

exceed the annual wage limitations 

described in § 404.1047). Any benefits 

payable to non-vested workers, their 

dependents, and their survivors, are 

computed on the basis of the combined 

compensation and social security 

covered earnings creditable to the 

workers’ records. Once a railroad 

worker meets the vesting requirements, 

the record of the worker’s railroad 

service and compensation generally may 

not be used for benefit purposes under 

the Social Security Act, but under 

certain circumstances may be 

transferred after the worker’s death to 

SSA for use in determining social 

security benefit entitlement for the

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 5693

railroad worker’s survivors (see

§ 404.1407). Under certain 

circumstances (see § 404.1413), 

certification of benefits payable under 

the provisions of the Social Security Act 

will be made to the Railroad Retirement 

Board. The Railroad Retirement Board 

will certify such benefits to the 

Secretary of the Treasury. 

(b) Who is a vested railroad worker?

You are a vested railroad worker if you 

have: 

(1) Ten years or more of service in the 

railroad industry, or 

(2) Effective January 1, 2002, you have 

at least 5 years of service in the railroad 

industry, all of which accrue after 

December 31, 1995. 

(c) Definition of years of service. As 

used in paragraph (b) of this section, the 

term years of service has the same 

meaning as assigned to it by section 1(f) 

of the Railroad Retirement Act of 1974, 

as amended, (45 U.S.C. 231(f)).

3. § 404.1402 is revised to read as 

follows:

§ 404.1402 When are railroad industry 

services by a non-vested worker covered 

under Social Security? 

If you are a non-vested worker, we 

(the Social Security Administration) 

will consider your services in the 

railroad industry to be ‘‘employment’’ as 

defined in section 210 of the Social 

Security Act for the following purposes: 

(a) To determine entitlement to, or the 

amount of, any monthly benefits or 

lump-sum death payment on the basis 

of your wages and self-employment 

income; 

(b) To determine entitlement to, or the 

amount of, any survivor monthly benefit 

or any lump-sum death payment on the 

basis of your wages and selfemployment income provided you did 

not have a ‘‘current connection’’ with the 

railroad industry, as defined in section 

1(o) of the Railroad Retirement Act of 

1974, as amended, (45 U.S.C. 231(o)), at 

the time of your death; (in such cases, 

survivor benefits are not payable under 

the Railroad Retirement Act); 

(c) To determine entitlement to a 

period of disability (see subpart B of this 

part) on the basis of your wages and 

self-employment income; or 

(d) To apply the provisions of section 

203 of the Social Security Act 

concerning deductions from benefits 

under the annual earnings test (see

subpart E of this part).

4. § 404.1403 is removed.

5. § 404.1405 is amended by revising 

the section heading and paragraph (b) to 

read as follows:

§ 404.1405 If you have been considered a 

non-vested worker, what are the situations 

when your railroad industry work will not be 

covered under Social Security?

* * * * *

(b) You continue to work in the 

railroad industry after establishing 

entitlement to old-age insurance 

benefits under section 202(a) of the 

Social Security Act. If your service in 

the railroad industry is used to establish 

your entitlement to, or to determine the 

amount of, your old-age insurance 

benefits under section 202(a) of the 

Social Security Act, but you become 

vested after the effective date of your 

benefits, your railroad service will no 

longer be deemed to be in 

‘‘employment’’ as defined in section 210 

of the Act. Your benefits and any 

benefits payable to your spouse or child 

under section 202(b), (c), or (d) of the 

Act will be terminated with the month 

preceding the month in which you 

become a vested worker. However, if 

you remain insured (see subpart B of 

this part) without the use of your 

railroad compensation, your benefits 

will instead be recalculated without 

using your railroad compensation. The 

recalculated benefits will be payable 

beginning with the month in which you 

become a vested worker. Any monthly 

benefits paid prior to the month you 

become a vested worker are deemed to 

be correct payments.

6. § 404.1413 is revised to read as 

follows:

§ 404.1413 When will we certify payment to 

the Railroad Retirement Board (RRB)? 

(a) When we will certify payment to 

RRB. If we find that you are entitled to 

any payment under title II of the Social 

Security Act, we will certify payment to 

the Railroad Retirement Board if you 

meet any of the following requirements: 

(1) You are a vested worker; or 

(2) You are the wife or husband of a 

vested worker; or 

(3) You are the survivor of a vested 

worker and you are entitled, or could 

upon application be entitled to, an 

annuity under section 2 of the Railroad 

Retirement Act of 1974, as amended, (45 

U.S.C. 231(a)); or 

(4) You are entitled to benefits under 

section 202 of the Social Security Act on 

the basis of the wages and selfemployment income of a vested worker 

(unless you are the survivor of a vested 

worker who did not have a current 

connection, as defined in section 1(o) of 

the Railroad Retirement Act of 1974, as 

amended, (45 U.S.C. 231(o)) with the 

railroad industry at the time of his or 

her death). 

(b) What information does 

certification include? The certification 

we make to the Railroad Retirement 

Board for individuals entitled to any 

payment(s) under title II will include 

your name, address, payment amount(s), 

and the date the payment(s) should 

begin. 

(c) Applicability limitations. The 

applicability limitations in paragraphs 

(a)(1) through (4) of this section affect 

claimants who first become entitled to 

benefits under title II of the Social 

Security Act after 1974. (See also 

§ 404.1810.)

[FR Doc. 04–2410 Filed 2–5–04; 8:45 am] 

BILLING CODE 4191–02–P

LIBRARY OF CONGRESS

Copyright Office 

37 CFR Parts 262 and 263

[Docket Nos. 2002–1 CARP DTRA3 and 

2001–2 CARP DTNSRA] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings

AGENCY: Copyright Office, Library of 

Congress.

ACTION: Final rule.

SUMMARY: The Copyright Office of the 

Library of Congress is announcing final 

regulations that set rates and terms for 

the public performance of a sound 

recording made pursuant to a statutory 

license by means of certain eligible 

nonsubscription transmissions and 

digital transmissions made by a new 

type of subscription service. The final 

rule also announces rates and terms for 

the making of related ephemeral 

recordings. The rates and terms are for 

the 2003 and 2004 statutory licensing 

period, except in the case of a new 

subscription service, in which case the 

license period runs from 1998 through 

2004.

DATES: Effective Date: March 8, 2004. 

Applicability Dates: The regulations 

govern the license period which 

commenced on January 1, 2003, and 

ends on December 31, 2004, except in 

the case of a new subscription service, 

in which case the regulations govern the 

license period which commenced on 

October 28, 1998, and ends on 

December 31, 2004.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or 

Tanya M. Sandros, Senior Attorney, 

Copyright Arbitration Royalty Panel 

(CARP), P.O. Box 70977, Southwest 

Station, Washington, DC 20024. 

Telephone: (202) 707–8380; Telefax: 

(202) 252–3423.