Federal Register / Vol. 65, No. 215 / Monday, November 6, 2000 / Rules and Regulations 66499

practice emphasizes health promotion

and maintenance, disease prevention,

and the diagnosis and management of

acute and chronic diseases. Nurse

practitioners are registered nurses with

advanced education and clinical

expertise that qualifies them to diagnose

and treat illnesses and injuries. Under

current regulations, the Board does not

accept a statement of sickness or

supplemental statement of sickness

from a nurse practitioner. A claimant

who submits a statement of sickness

signed by a nurse practitioner is

informed that the statement may not be

accepted and is required to get a new

one signed by an individual listed in

§ 335.3(a). This is administratively

costly and delays the payment of

sickness benefits. Thus, the Board is

adding ‘‘nurse practitioner’’ to the list of

individuals from whom it will accept a

statement of sickness.

The Board published this rule as a

proposed rule on May 5, 2000 (65 FR

26161), and invited comments by July 5,

2000. No comments were received.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action for

purposes of Executive Order 12866.

Therefore, no regulatory analysis is

required. The information collections

contemplated by this part have been

approved by the Office of Management

and Budget under control number 3220–

0039.

List of Subjects in 20 CFR Part 335

Railroad employees, Railroad

unemployment insurance, Reporting

and recordkeeping requirements.

For the reasons set out in the

preamble, the Railroad Retirement

Board amends title 20, chapter II of the

Code of Federal Regulations as follows:

PART 335—SICKNESS BENEFITS

1. The authority citation for part 335

continues to read as follows:

Authority: 45 U.S.C. 362(i) and 362(l).

2. Section 335.3(a) is amended as

follows:

(a) remove ‘‘or’’ at the end of

paragraph (a)(9),

(b) remove the period and add ‘‘; or’’

at the end of paragraph (a)(10), and

(c) add a new paragraph (a)(11) to

read as follows:

§ 335.3 Execution of statement of sickness

and supplemental doctor’s statement.

(a) * * *

(11) A nurse practitioner.

* * * * *

Dated: October 27, 2000.

By Authority of the Board,

Beatrice Ezerski,

For the Board, Secretary to the Board.

[FR Doc. 00–28316 Filed 11–3–00; 8:45 am]

BILLING CODE 7905–01–P

RAILROAD RETIREMENT BOARD

20 CFR Part 349

RIN 3220–AB25

Finality of Decisions Regarding

Unemployment and Sickness

Insurance Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board adopts regulations pertaining to

the finality of decisions under the

Railroad Unemployment Insurance Act

(Act). The present rules dealing with

finality of decisions under that statute

are incomplete and are contained in a

Board Order which is not readily

available to the public. Therefore, the

Board has determined that the present

rules should be revised and published

as a regulation.

EFFECTIVE DATE: This rule is effective

November 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Marguerite P. Dadabo, Senior Attorney,

Railroad Retirement Board, (312) 751–

4945, TTD (312) 751–4701.

SUPPLEMENTARY INFORMATION: The

Board’s rules and procedures regarding

the finality of decisions with respect to

benefits under the Railroad

Unemployment Insurance Act are

presently contained in a Board Order,

which is not readily available to the

public. Also the Board Order does not

contain any time limits on reopening.

The regulation addresses the finality of

benefit decisions. This final rule is

similar to part 261 of the Board’s

regulations on reopening of decisions

under the Railroad Retirement Act (20

CFR 261).

Section 349.1 describes who may

open a final decision issued by the

agency. Section 349.2 describes when a

final decision may be reopened. A final

decision may be reopened within 12

months of the date of notice of such

decision for any reason. A final decision

may also be reopened within 4 years of

the date of notice if new and material

evidence is furnished or if the decision

was not reasonably consistent with the

evidence of record at the time the

decision was made. A decision may be

reopened at any time if the decision was

obtained by fraud or similar fault, or if

the decision was that the employee was

not a qualified employee and is later

found to be one because of a correction

in his or her record of compensation, or

if the decision was wholly or partially

unfavorable to a claimant, but only to

correct clerical error or an error that

appears on the face of the evidence that

was considered when the decision was

made. See § 349.2(c).

Section 349.3 provides that a change

of legal interpretation or administrative

ruling upon which a decision was based

is not a basis for reopening.

Section 349.4 provides that a decision

may be reopened after the 1 year and 4

year time limits set forth in § 349.2 if the

Board had begun an investigation

within those time limits. However, if the

Board does not diligently pursue the

investigation, the agency will not

reopen the decision if the decision was

favorable to the claimant.

Sections 349.5–349.7 are procedural

and provide that if a decision is

reopened, the claimant will be given

notice and will have a right to

reconsideration and/or a hearing. Any

hearing shall be conducted in

accordance with part 320 of the Board’s

regulations (20 CFR 320).

Finally, § 349.8 provides that the

three-member Board has the discretion

to reopen or not to reopen any decision

under these regulations.

The Board published this rule as a

proposed rule on April 20, 2000 (65 FR

21164–21165) and invited comments by

June 19, 2000. No comments were

received. Accordingly, the proposed

rule is adopted as a final rule without

change.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action under

Executive Order 12866; therefore, no

regulatory impact analysis is required.

There are no information collections

associated with this rule.

List of Subjects in 20 CFR Part 349

Railroad employees, Railroad

unemployment insurance.

For the reasons set out in the

preamble, the Railroad Retirement

Board adds a new part 349 to 20 CFR

Chapter II as follows:

PART 349—FINALITY OF DECISIONS

REGARDING UNEMPLOYMENT AND

SICKNESS INSURANCE BENEFITS

Sec.

349.1 Reopening and revising decisions.

349.2 Conditions for reopening.

349.3 Change of legal interpretation or

administrative ruling.

349.4 Late completion of timely

investigation.

349.5 Notice of revised decision.

66500 Federal Register / Vol. 65, No. 215 / Monday, November 6, 2000 / Rules and Regulations

349.6 Effect of revised decision.

349.7 Time and place to request a review

and/or hearing on revised decision.

349.8 Discretion of the three-member Board

to reopen or not to reopen a final

decision.

Authority: 45 U.S.C. 355 and 362(l).

§ 349.1 Reopening and revising decisions.

(a) This part sets forth the Board’s

rules governing finality of decisions

with respect to benefits under the

Railroad Unemployment Insurance Act.

After the expiration of the time limits

for review as set forth in part 320 of this

chapter, decisions may be reopened and

revised only under the conditions

described in this subpart, by the bureau,

office or entity that made the earlier

decision or by a bureau, office, or other

entity at a higher level which has the

claim properly before it. Whether a final

decision is reopened or not reopened is

solely within the discretion of the

Board.

(b) A final decision, as that term is

used in this part, means any decision

under § 320.5 of this chapter where the

time limit for review, as set forth in part

320 of this chapter or in the Railroad

Unemployment Insurance Act, has

expired.

(c) Reopening a final decision under

this part means a conscious

determination on the part of the agency

to reconsider an otherwise final

decision for purposes of revising that

decision.

(d) New and material evidence, as that

phrase is used in this part, means

evidence which was unavailable to the

agency at the time the decision was

made, and which the claimant could not

reasonably have been expected to have

submitted at that time.

§ 349.2 Conditions for reopening.

A final decision may be reopened:

(a) Within 12 months of the date of

the notice of such decision, for any

reason;

(b) Within four years of the date of the

notice of such decision:

(1) If there is new and material

evidence; or

(2) If the decision was not reasonably

consistent with the evidence of record at

the time of adjudication.

(c) At any time if:

(1) The decision was obtained by

fraud or similar fault;

(2) The decision was that the claimant

was not a qualified employee, and he or

she is now qualified because

compensation was credited to the

employee’s record of compensation in

accordance with part 211 of this

chapter:

(i) To correct errors apparent on the

face of the compensation record;

(ii) To enter items transferred by the

Social Security Administration which

were credited under the Social Security

Act when they should have been

credited to the employee’s railroad

retirement compensation record; or

(iii) To correct errors made in the

allocation of earnings to individuals or

periods which would have made him or

her a qualified employee at the time of

the decision if the earnings had been

credited to his or her earnings record at

that time;

(3) The decision is wholly or partially

unfavorable to a claimant, but only to

correct a clerical error or an error that

appears on the face of the evidence that

was considered when the decision was

made.

§ 349.3 Change of legal interpretation or

administrative ruling.

A change of legal interpretation or

administrative ruling upon which a

decision is based does not render a

decision erroneous and does not

provide a basis for reopening.

§ 349.4 Late completion of timely

investigation.

(a) A decision may be revised after the

applicable time period in §§ 349.2(a) or

(b) expires if the Board begins an

investigation into whether to revise the

decision before the applicable time

period expires and the agency diligently

pursues the investigation to the

conclusion. The investigation may be

based on a request by a claimant or on

action by the Board.

(b) Diligently pursued for purposes of

this section means that in view of the

facts and circumstances of a particular

case, the necessary action was

undertaken and carried out as promptly

as the circumstances permitted. Diligent

pursuit will be presumed to have been

met if the investigation is concluded

and, if necessary, the decision is revised

within six months from the date the

investigation began.

(c) If the investigation is not diligently

pursued to its conclusion, the decision

will be revised if a revision is applicable

and if it is favorable to the claimant. It

will not be revised if it would be

unfavorable to the claimant.

§ 349.5 Notice of revised decision.

(a) When a decision is revised, notice

of the revision will be mailed to the

parties to the decision at their last

known address. The notice will state the

basis for the revised decision and the

effect of the revision. The notice will

also inform the parties of the right to

further review.

(b) If a hearings officer or the threemember Board proposes to revise a

decision, and the revision would be

based only on evidence included in the

record on which the prior decision was

based, all parties will be notified in

writing of the proposed action. If a

revised decision is issued by a hearings

officer, any party may request that it be

reviewed by the three-member Board, or

the three-member Board may review the

decision on its own initiative.

§ 349.6 Effect of revised decision.

A revised decision is binding unless:

(a) The revised decision is being

reconsidered or appealed in accord with

part 320 of this chapter;

(b) The three-member Board reviews

the revised decision; or

(c) The revised decision is further

revised consistent with this part.

§ 349.7 Time and place to request a review

and/or hearing on revised decision.

A party to a revised decision may

request, as appropriate, further review

of the decision in accordance with the

rules set forth in part 320 of this

chapter. Further review or a hearing will

be held according to the rules set forth

in part 320 of this chapter.

§ 349.8 Discretion of the three-member

Board to reopen or not to reopen a final

decision.

In any case in which the threemember Board may deem proper, the

Board may direct that any decision,

which is otherwise subject to reopening

under this part, shall not be reopened or

direct that any decision, which is

otherwise not subject to reopening

under this part, shall be reopened.

Dated: October 26, 2000.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 00–28211 Filed 11–3–00; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8862]

RIN 1545–AI32

Stock Transfer Rules

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains

corrections to Treasury Decision 8862,

which was published in the Federal

Register on Monday, January 24, 2000