[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Proposed Rules]
[Pages 73176-73178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23606]


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RAILROAD RETIREMENT BOARD

20 CFR Part 341

RIN 3220-AB60


Electronic Filing of Settlement and Final Judgment Notices by 
Railroad Employers

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its 
regulations to include the option of electronic notification by 
railroad employers of settlements and final judgments based on an 
injury for which sickness benefits have been paid under the Railroad 
Unemployment Insurance Act (RUIA). Part 341 currently requires that 
notifications of settlements and final judgments be submitted to the 
Board in writing. The proposed rule would allow these notifications to 
be made by railroad employers either in writing or by sending an 
electronic message, e.g. via e-mail.

DATES: Submit comments on or before February 7, 2006.

ADDRESSES: Address any comments concerning this proposed rule to 
Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 
844 North Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant 
General Counsel, (312) 751-4945, TTD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Part 341 of the Board's regulations deals 
with the notification of settlements and final judgments based on an 
injury for which sickness benefits have been paid under the Railroad 
Unemployment Insurance Act (RUIA). Currently, the regulations require 
all individuals or companies to make notifications of settlements and 
final judgments in writing to the Board. These revisions allow railroad 
employers to also notify the Board electronically in these instances, 
e.g. via e-mail.
    Section 341.6(a) is proposed to be amended to allow railroad 
employers to notify the Board, in writing or

[[Page 73177]]

electronically in the manner prescribed by the agency, of a settlement 
or final judgment based on an injury for which the employee received 
sickness benefits. In addition, the proposed rule would amend sections 
341.8(a) and 341.8(b) to allow a railroad employer to notify the Board 
electronically or in writing. Also, sections 341.8(b) and (c) are 
proposed to be amended to change the outdated references of ``Division 
of Claims Operations'' and ``Bureau of Unemployment and Sickness 
Insurance'' to the correct reference of ``Sickness and Unemployment 
Benefits Section''.
    There is an information collection impacted by the proposed rule:
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the Railroad Retirement Board (RRB) has submitted the 
following proposal(s) for the collection of information to the Office 
of Management and Budget for review and approval.

Summary of Proposal(s)

    (1) Collection title: Supplemental Information on Accident and 
Insurance.
    (2) Form(s) submitted: SI-1c, SI-5, ID-3s, ID-3s-1, ID-3u, ID-30k, 
ID-30k-1.
    (3) OMB Number: 3220-0036.
    (4) Expiration date of current OMB clearance: 06/30/2008.
    (5) Type of Request: Revision of a currently approved collection.
    (6) Respondents: Business or other for-profit.
    (7) Estimated annual number of respondents: 10,000.
    (8) Total annual responses: 28,500.
    (9) Total annual reporting hours: 1,693.
    (10) Collection description: The Railroad Unemployment Insurance 
Act (RUIA) provides for the recovery of sickness benefits if an 
employee receives a settlement for the same injury for which benefits 
were paid. The collection obtains information about the person or 
company responsible for such payments that is needed to determine the 
RRB's amount of entitlement.
    Under Section 12(o) of the RUIA, the Railroad Retirement Board is 
entitled to reimbursement of the sickness benefits paid to a railroad 
employee if the employee receives a sum or damages for the same 
infirmity for which the benefits are paid. Section 2(f) of the RUIA 
requires employers to reimburse the RRB for days for which salary, 
wages, pay for time lost or other remuneration is later determined to 
be payable. Reimbursements under section 2(f) generally result from the 
award of pay for time lost or the payment of guaranteed wages. The RUIA 
prescribes that the amount of benefits paid be deducted and held by the 
employer in a special fund for reimbursement to the RRB.
    The RRB currently utilizes Form(s) SI-1c, (Supplemental Information 
on Accident and Insurance), SI-5 (Report of Payments to Employee 
Claiming Sickness Benefits Under the RUIA), ID-3s (Request for Lien 
Information), ID-3s-1, (Lien Information Under Section 12(o) of the 
RUIA), ID-3u (Request for Section 2(f) Information), ID-30k (Form 
Letter Asking Claimant for Additional Information on Injury or 
Illness), and ID-30k-1 (Request for Supplemental Information on Injury 
or Illness-3rd Party), to obtain the necessary information from 
claimants and railroad employers.
    The RRB proposes to implement an E-mail equivalent of Form ID-3s 
and ID-3u. No other changes are proposed to the information collection. 
Completion is required to obtain or retain benefits. One response is 
requested of each respondent.

Estimate of Annual Respondent Burden

    The estimated annual respondent for this collection is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Annual
                        Form <greek-i>(s)                            responses    Time (minutes)  Burden (hours)
----------------------------------------------------------------------------------------------------------------
SI-1c...........................................................           1,000               5              83
SI-5............................................................           2,500               5             208
ID-3s...........................................................           9,250               3             463
ID-3s (E-mail)..................................................           9,250               3             463
ID-3s.1.........................................................             500               3              25
ID-3u...........................................................             750               3              38
ID-3u (E-mail)..................................................             750               3              38
ID-30k..........................................................           2,000               5             167
ID-30k.1........................................................           2,500               5             208
                                                                 -----------------
    Total.......................................................          28,500  ..............           1,693
----------------------------------------------------------------------------------------------------------------

    Comments are invited on: (a) Whether the proposed information 
collection is necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility; 
(b) the accuracy of the RRB's estimate of the burden of the collection 
of the information; (c) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (d) ways to minimize 
the burden related to the collection of information on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    To request more information or to obtain a copy of the information 
collection justification, forms, and/or supporting material, please 
contact the RRB Clearance Officer at (312) 751-3363 or 
<a href="/cdn-cgi/l/email-protection#7b38131a09171e085536121e09010c1a3b090919551c140d"><span class="__cf_email__" data-cfemail="16557e77647a7365385b7f73646c61775664647438717960">[email protected]</span></a>. Comments regarding the information collection 
should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 
North Rush Street, Chicago, Illinois 60611-2092 or 
<a href="/cdn-cgi/l/email-protection#90c2fffef1fcf4bed8fff4f1e0e0d0e2e2f2bef7ffe6"><span class="__cf_email__" data-cfemail="f0a29f9e919c94deb89f94918080b0828292de979f86">[email protected]</span></a> and to the OMB Desk Officer for the RRB, at the 
Office of Management and Budget, Room 10230, New Executive Office 
Building, Washington, DC 20503. Comments can be received from 30 days 
of publication up to the close of the rules comment period but comment 
to OMB will be most useful if received by OMB within 30 days of 
publication of this notice.
    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. The information collection is currently approved under 
control number 3220-0171; however, the proposed rule impacts the 
information collection and will be forwarded to OMB along with the 
Notice of Proposed Rulemaking.

List of Subjects in 20 CFR Part 341

    Railroad unemployment insurance, Reporting and recordkeeping 
requirements.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend title 20,

[[Page 73178]]

chapter II, subchapter C, part 341 of the Code of Federal Regulations 
as follows:

PART 341--STATUTORY LIEN WHERE SICKNESS BENEFITS PAID

    1. The authority citation for part 341 continues to read as 
follows:

    Authority: 45 U.S.C. 362(o).

    2. Revise Sec.  341.6(a) introductory text to read as follows:


Sec.  341.6  Report of settlement or judgment.

    (a) When a person or company makes a settlement or must satisfy a 
final judgment based on an injury for which the employee received 
sickness benefits, the person or company shall notify the Board of the 
settlement or final judgment. That notice shall be in writing and 
submitted within five days of the settlement or final judgment. A 
railroad employer may fulfill the written notice requirement by sending 
an electronic message in the manner prescribed by the agency. That 
notification shall contain:
* * * * *
    3. Amend Sec.  341.8 as follows:
    a. Add a new sentence to the end of paragraph (a);
    b. Revise paragraph (b); and
    c. Amend paragraph (c) by removing the phrase ``Division of Claims 
Operations'' and adding the phrase ``Sickness and Unemployment Benefits 
Section'' in its place.
    The additions and revisions read as follows:


Sec.  341.8  Termination of sickness benefits due to a settlement.

    (a) * * * A railroad employer may file the required report by 
sending an electronic message in the manner prescribed by the agency.
    (b) A report of settlement shall be made to the Sickness and 
Unemployment Benefits Section and shall include the information 
required in Sec.  341.6. Where the report is an oral report, and the 
informant is neither the employee nor his or her representative, the 
informant shall be told that written confirmation containing the 
information called for by Sec.  341.6 must be submitted to the Board 
within 5 days from the date of the oral report. A railroad employer may 
fulfill the written report requirement by sending an electronic message 
in the manner prescribed by the agency.
* * * * *

    Dated: November 30, 2005.

    By authority of the Board.

    For the Board:
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 05-23606 Filed 12-8-05; 8:45 am]
BILLING CODE 7905-01-P


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