21164 Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules

(c) On or before the accumulation of 2,600

hours TIS, remove from service plates, P/N

6435–20229–102, reidentified as P/N 6435–

20229–102–TS–107 after rework. This AD

revises the airworthiness limitation section of

the maintenance manual by establishing a

retirement life of 2,600 hours TIS for the

main gearbox assembly second stage lower

planetary plate, P/N 6435–20229–102,

reidentified as P/N 6435–20229–102–TS–107

after rework.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Rotorcraft

Certification Office, Rotorcraft Directorate,

FAA. Operators shall submit their requests

through an FAA Principal Maintenance

Inspector, who may concur or comment and

then send it to the Manager, Rotorcraft

Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Certification

Office.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

Issued in Fort Worth, Texas, on April 13,

2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–9900 Filed 4–19–00; 8:45 am]

BILLING CODE 4910–13–P

RAILROAD RETIREMENT BOARD

20 CFR Part 349

RIN 3220–AB25

Finality of Decisions Regarding

Unemployment and Sickness

Insurance

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

SUMMARY: The Railroad Retirement

Board proposes to adopt 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.

DATES: Submit comments on or before

June 19, 2000.

ADDRESSES: Address any comments

concerning this proposed rule to the

Secretary to the Board, Railroad

Retirement Board, 844 North Rush

Street, Chicago, Illinois 60611.

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 proposed regulation addresses the

finality of benefit decisions. This

proposed rule is similar to part 261 of

the Board’s regulations on reopening of

decisions under the Railroad Retirement

Act (20 CFR 261).

Proposed § 349.1 describes who may

open a final decision issued by the

agency. Proposed § 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. 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 proposed § 349.2(c).

Proposed § 349.3 provides that a

change of legal interpretation or

administrative ruling upon which a

decision was based is not a basis for

reopening.

Proposed § 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.

Proposed §§ 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, proposed § 349.8 provides

that the three-member Board has the

discretion to reopen or not to reopen

any decision under these regulations.

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 proposes to add a new part 349

to 20 CFR Chapter II as follows:

PART 349—FINALITY OF DECISIONS

REGARDING UNEMPLOYMENT AND

SICKNESS INSURANCE

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.

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.

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

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules 21165

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: April 11, 2000.

By Authority of the Board.

For the Board,

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 00–9860 Filed 4–19–00; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF THE TREASURY

31 CFR Part 1

Internal Revenue Service; Privacy Act

of 1974, Proposed Implementation

AGENCY: Office of the Secretary,

Treasury.

ACTION: Proposed rule.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the Treasury

Department, Internal Revenue Service,

gives notice of a proposed amendment

to exempt the system of records entitled

‘‘Criminal Investigation Audit Trail

Records System—Treasury/IRS 46.051’’

from certain provisions of the Privacy

Act. The exemption is intended to

comply with legal prohibitions against

the disclosure of certain kinds of

information and to protect certain

information on individuals maintained

in this system of records.

DATES: Comments must be received no

later than May 22, 2000.

ADDRESSES: Comments should be sent to

the Office of Governmental Liaison and

Disclosure, Internal Revenue Service,

1111 Constitution Avenue, NW,

Washington, DC 20224. Comments will

be made available for inspection and

copying in the Freedom of Information

Reading Room upon request.

FOR FURTHER INFORMATION CONTACT: FuAn Chao, Chief, Systems Development

and Support, Criminal Investigation,

(202) 622–7803.

SUPPLEMENTARY INFORMATION: The

Internal Revenue Service’s Criminal

Investigation Division seeks to establish

and maintain the proposed new system

of records as a more comprehensive

means of performing its responsibilities.

Criminal Investigation carries out

many law enforcement related

functions. Among Criminal

Investigation’s principal responsibilities

are investigating and referring for

prosecution criminal cases, centering

largely on violations of tax laws,