2914 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASW TX E5 Alice, TX (Revised)

Alice International Airport, TX

(Lat. 27°44′27′′ N., long. 98°01′38′′ W.)

Orange Grove NALF, TX

(Lat. 27°54′04′′ N., long. 98°03′06′′ W.)

Navy Orange Grove TACAN

(Lat. 27°53′43′′ N., long. 98°02′33′′ W.)

Kingsville, Kleberg County Airport, TX

(Lat. 27°33′03′′ N., long. 98°01′51′′ W.)

Agua Dulce, Old Hoppe Place Airport, TX

(Lat. 27°48′01′′ N., long. 97°51′04′′ W.)

That airspace extending upward from 700

feet above the surface within a 7.5-mile

radius of Alice International Airport and

within 2 miles each side of the 135° bearing

from the airport extending from the 7.5-mile

radius to 9.8 miles southeast of the airport

and within a 7.2-mile radius of Orange Grove

NALF and within 1.6 miles each side of the

129° radial of the Navy Orange Grove

TACAN extending from the 7.2-mile radius

to 11.7 miles southeast of the airport and

within 1.5 miles each side of the 320° radial

of the Navy Orange Grove TACAN extending

from the 7.2-mile radius to 9.7 miles

northwest of the airport and within a 6.5-

mile radius of Kleberg County Airport and

within a 6.3-mile radius of Old Hoppe Place

Airport excluding that airspace within the

Corpus Christi, TX, Class E airspace area.

* * * * *

Issued in Fort Worth, TX, on January 7,

1998.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 98–1225 Filed 1–16–98; 8:45 am]

BILLING CODE 4910–13–M

RAILROAD RETIREMENT BOARD

20 CFR Part 209

RIN 3220–AB21

Railroad Employers’ Reports and

Responsibilities

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

SUMMARY: The Railroad Retirement

Board proposes to amend its regulations

to expand the methods by which

compensation and service reports may

be filed with the Board and to require

that a social security account number be

furnished for each employee for whom

creditable railroad service and

compensation is reported to the Board.

DATES: Comments must be submitted on

or before March 23, 1998.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Senior Attorney,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611,

(312) 751–4513, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Employer

reports are used to establish employee

compensation and service records.

These reports are based on payroll

records. Due to changes in technology,

employers now file their reports on

magnetic tape and diskettes and

transmit their reports by facsimile or

computer-to-computer transmission

(electronic filing). The punch card

referred to in §§ 209.6, 209.7, 209.11,

and 209.14 of the Board’s regulations is

an outdated medium of reporting. The

quarterly report required by § 209.8 has

been eliminated by the Employer Data

Maintenance System. The Board

proposes to amend part 209 of its

regulations in order to reflect these

changes. See proposed § 209.4.

The Board also proposes to amend

§ 209.2 to add a provision that requires

each employer to furnish a social

security number (SSN) for each

employee for whom creditable railroad

service and compensation is reported to

the Board. The proposed amendment

simply puts into regulation a current

reporting requirement. Although not

required, employers are encouraged to

validate the social security numbers of

their employees. In addition, the Board

proposes to modify the present § 209.11

to provide that the Board shall mail

annual certificates of service and

compensation to employees performing

service for covered employers. Under

present regulation these certificates may

be provided through the employer.

Finally, the Board has eliminated

references to offices and titles that were

eliminated as the result of a recent

reorganization.

Proposed § 209.12 contains

information collection requirements. As

required by the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)), the RRB

has submitted a copy of this section to

the Office of Management and Budget

(OMB) for its review.

Collection of Information

Employee home address report. This

proposed rule would require all railroad

employers to furnish to the RRB home

addresses of their employees, except

that after the first year in which they

submitted home address information for

all their employees, they would be

required to submit home address

information only for new hires. The

purpose of this requirement is to enable

the RRB to annually mail to each active

railroad employee a statement of service

and compensation (Form BA–6).

Railroad employers may submit this

information either electronically

(magnetic tape, tape cartridge, or PC

diskette) or on a paper form prescribed

by the RRB (Form BA–6a).

The RRB estimates that the average

time for each railroad employer to

furnish home address information is 15

minutes for electronic submissions and

30 minutes for paper submissions. The

annual burden imposed as a result of

this proposed rule would be 209 hours

(94 responses × 1⁄4 hour per response for

electronic responses and 370 responses

× 1⁄2 hour per response for paper

responses.) The burden is based on

approximately 15,000 new hires a year,

of which approximately 80 percent

would be reported electronically by 94

railroad employers and 20 percent

would be reported on paper by 370

railroad employers.

Organizations and individuals

desiring to submit comments on the

information collection requirements

should direct them to Laura Oliven, the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, New Executive Office Building,

226 Jackson Place, NW., Room 10235,

Washington, D.C. 20503 and to Ronald

J. Hodapp, Railroad Retirement Board,

844 North Rush Street, Chicago, Illinois,

60611–2092.

The RRB considers comments by the

public on this proposed collection of

information in——

(a) Evaluating whether the proposed

collection of information is necessary

for the proper performance of the

functions of the RRB, including whether

the information will have a practical

use;

(b) Evaluating the accuracy of the

RRB’s estimate of the burden on the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(c) Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

(d) Minimizing the burden of

collection of information on those who

are to respond, including the use of

appropriate electronic, mechanical, or

other automated collection techniques.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 15 days

of publication. This does not affect the
Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules 2915

deadline for the public to comment to

the RRB on the proposed regulations.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a major

rule under Executive Order 12866;

therefore, no regulatory impact analysis

is required.

List of Subjects in 20 CFR Part 209

Railroad employees, Railroad

retirement, Railroads.

For the reasons set out in the

preamble, Title 20, Chapter II, Part 209

of the Code of Federal Regulations is

proposed to be amended as follows:

PART 209—RAILROAD EMPLOYERS’

REPORTS AND RESPONSIBILITIES

1. The authority citation for Part 209

continues to read as follows:

Authority: 45 U.S.C. 231f.

§§ 209.3 through 209.17 [Redesignated]

2. Sections 209.3 through 209.17 are

redesignated as follows:

Old section New section

209.3 ............................................. 209.5

209.4 ............................................. 209.6

(1)

209.5 ............................................. 209.7

209.6 ............................................. 209.8

209.7 ............................................. 209.9

209.8 ............................................. (2)

209.9 ............................................. 209.10

209.10 ........................................... 209.11

209.11 ........................................... 209.12

209.12 ........................................... 209.13

209.13 ........................................... 209.14

209.14 ........................................... 209.15

209.15 ........................................... 209.16

209.16 ........................................... 209.17

209.17 ........................................... 209.18

1 New 209.4 added.

2 Removed.

3. A new § 209.3 is proposed to be

added as follows:

§ 209.3 Social security number required.

Each employer shall furnish to the

Board a social security number for each

employee for whom any report is

submitted to the Board. Employers are

encouraged to validate any social

security number provided under this

section.

(Approved by the Office of Management and

Budget under control number 3220–0008)

4. A new § 209.4 is proposed to be

added as follows:

§ 209.4 Method of filing.

Any report or information required to

be furnished under this part shall be

prepared in accordance with

instructions of the Board and shall be

filed with the Board electronically,

which includes the use of magnetic

tape, computer diskette, electronic data

interchange, or on such form as

prescribed by the Board. If not filed

electronically, reports shall be

transmitted by facsimile or mailed

directly to the Board. Any report which

includes, or should include, information

for 250 or more employees must be filed

electronically, as described in this

section.

5. Newly designated § 209.6 is

proposed to be revised to read as

follows:

§ 209.6 Employers’ notice of death of

employees.

Each employer shall notify the Board

immediately of the death of an

employee who, prior to the employee’s

death, performed compensated service

which has not been reported to the

Board.

(Approved by the Office of Management and

Budget under control number 3220–0005)

6. Newly designated § 209.7 is

proposed to be revised to read as

follows:

§ 209.7 Employers’ supplemental reports

of service.

Each employer shall furnish the Board

a report of the current year service of

each employee who ceases work for the

purpose of retiring under the provisions

of the Railroad Retirement Act.

(Approved by the Office of Management and

Budget under control number 3220–0005)

7. Newly designated § 209.8 is

proposed to be revised to read as

follows:

§ 209.8 Employers’ annual reports of

creditable service and compensation.

Each year, on or before the last day of

February, each employer is required to

make an annual report of the creditable

service and compensation (including a

report that there is no compensation or

service to report) of employees who

performed compensated service in the

preceding calendar year. The annual

report shall include service and

compensation previously furnished in

supplemental reports and notices of

death. The reports must be accompanied

by a report specification sheet

prescribed by the Board as described in

§ 200.2 of this chapter.

(Approved by the Office of Management and

Budget under control number 3220–0008).

8. Newly designated § 209.9(c) is

proposed to be revised to read as

follows:

§ 209.9 Employers’ adjustment reports.

* * * * *

(c) Employers submitting adjustment

reports covering pay for time lost as an

employee shall report this

compensation as provided for in § 211.3

of this chapter. Adjustment reports may

be submitted to the Board each month.

(Approved by the Office of Management and

Budget under control number 3220–0008)

9. Section 209.8 is proposed to be

removed.

10. Newly designated § 209.10 is

amended by removing ‘‘Director of

Research and Employment Accounts’’

and adding in its place ‘‘Board’’, and by

removing ‘‘§ 209.6(a)’’ and adding in its

place ‘‘§ 209.8(a)’’.

11. Newly designated § 209.11 is

proposed to be revised to read as

follows:

§ 209.11 Employee representatives’

reports.

An individual claiming status as an

employee representative shall describe

his or her duties as an employee

representative on the form prescribed by

the Board. The Board shall determine

whether the individual claiming to be

an employee representative meets the

requirements for such a status. If the

individual is determined to be an

employee representative, he or she is

required to make an annual report of

creditable compensation as provided for

in § 209.8 of this part. If an employee

representative’s status is terminated, the

last report of service and compensation

shall be marked Final Compensation

Report.

(Approved by the Office of Management and

Budget under control number 3220–0014)

12. Newly designated § 209.12 is

proposed to be revised to read as

follows:

§ 209.12 Certificates of service months

and compensation.

(a) Each year the Board shall provide

each employee who performed

compensated service in the preceding

calendar year a certificate of service

months and compensation. This

certificate is the employee’s record of

the service and compensation credited

to his or her account at the Board. An

employee who for any reason does not

receive a certificate may obtain one from

the nearest Board district office or may

write the Board for one.

(b) By April 1 of each year each

employer shall provide the Board the

current address of each employee for

whom it had reported compensation.

This requirement shall not apply in the

case of an employee for whom the

employer had previously provided an

address.
2916 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules

13. Newly designated § 209.13(b) is

proposed to be revised to read as

follows:

§ 209.13 Employers’ gross earnings

reports.

* * * * *

(b) Employers shall submit reports

annually for employees in the gross

earnings sample. Such reports shall

include the employee’s gross annual

earnings, both taxable and non-taxable

compensation, for the year. Employers

with 5,000 or more employees shall

provide a monthly or quarterly

breakdown of the year’s earnings.

Employers with fewer than 5,000

employees may submit an annual

amount only, although a monthly or

quarterly breakdown is preferable. Gross

earnings are to be counted for the same

time period as used in determining the

employer’s annual report of creditable

compensation. The reports are to be

prepared in accordance with prescribed

instructions and filed in accordance

with § 209.4 of this part.

(Approved by the Office of Management and

Budget under control number 3220–0132)

14. Newly designated § 209.14 is

proposed to be amended by removing

paragraph (a), by removing paragraph

designation ‘‘(b)’’ before the second

paragraph, and by removing the terms

‘‘Director of Research and Employment

Accounts’’ and ‘‘Director’’ wherever

those terms appear, and by adding in

their place ‘‘Board’’.

15. Newly designated § 209.15 is

proposed to be revised to read as

follows:

§ 209.15 Report of separation allowances

subject to tier II taxation.

For any employee who is paid a

separation payment, the employer must

file a report of the amount of the

payment. This report shall be submitted

to the Board on or before the last day of

the month following the end of the

calendar quarter in which payment is

made. The report must be accompanied

by a report indication/specification

sheet prescribed by the Board as

described in § 200.3(a)(2)(ii) of this

chapter.

(Approved by the Office of Management and

Budget under control number 3220–0173)

16. Newly designated § 209.16 is

amended by revising the reference

‘‘§ 209.7’’ to read ‘‘209.9’’; ‘‘209.13’’ to

read ‘‘209.14’’ and ‘‘209.14’’ to read

‘‘209.15’’ wherever they appear; and by

removing ‘‘Director of Research and

Employment Accounts’’ wherever it

appears and adding in its place

‘‘Board’’.

Dated: January 8, 1998.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 98–1245 Filed 1–16–98; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 913

[SPATS No. IL–098–FOR]

Illinois Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; withdrawal of

proposed amendment.

SUMMARY: OSM is announcing the

withdrawal of a proposed amendment to

the Illinois regulatory program

(hereinafter the ‘‘Illinois program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment concerned a

revision to the Illinois regulations

pertaining to administrative review.

Illinois is withdrawing the amendment

at its own initiative.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director,

Indianapolis Field Office, Telephone:

(317) 226–6700.

SUPPLEMENTARY INFORMATION: By letter

dated November 3, 1997

(Administrative Record No. IL–5000),

Illinois submitted a proposed

amendment to its program pursuant to

SMCRA. Illinois submitted the proposed

amendment at its own initiative. In its

submission letter, Illinois stated the

amendment was necessitated by a

permit review case wherein the hearing

officer found that the Department’s

burden of proof standard was improper.

The hearing officer ruled that a

preponderance of the evidence standard

was the appropriate standard to apply in

a permit review proceeding. On a

subsequent appeal of the administrative

case, the circuit court agreed that the

clearly erroneous standard was invalid

and that the preponderance of the

evidence standard was the correct

standard to apply (Citizens Organizing

Project v. IDNR, 96–MR–126, Sangamon

County Circuit Court). The provision of

Title 62, Illinois Administrative Code

(IAC) that Illinois proposed to amend is

at 62 IAC 1847.3(g), permit hearings.

Specifically, Illinois proposed to delete

the existing language at 62 IAC

1847.3(g) and replace it with the

following language:

The standard of proof in a hearing

conducted under this Section shall be the

preponderance of the evidence.

OSM announced receipt of the

proposed amendment in the November

26, 1997, Federal Register (62 FR

63045) and invited public comment on

its adequacy. The public comment

period ended December 26, 1997.

On December 17, 1997

(Administrative Record No. IL–5005),

Illinois requested that the proposed

amendment be withdrawn, and stated

the proposal is being revised and will be

resubmitted when it is finalized.

Therefore, the proposed amendment

announced in the November 26, 1997,

Federal Register is withdrawn.

List of Subjects in 30 CFR Part 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 9, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 98–1214 Filed 1–16–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 916

[SPATS No. KS–017–FOR]

Kansas Regulatory Program and

Abandoned Mine Land Reclamation

Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed Rule; Reopening and

Extension of Public Comment Period on

Proposed Amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Kansas

regulatory program (hereinafter referred

to as the ‘‘Kansas program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Kansas’s proposed rules

pertain to definitions; application for

mining permit; civil penalties; permit

transfers, assignments, and sales;

termination of jurisdiction; exemption

for coal and extraction incident to

government-financed highway or other

construction; exemption for coal

extraction incident to the extraction of

other minerals; coal exploration;

bonding procedures; performance

standards; eligible lands and water;

liens; contractor responsibility;