73176 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules 

subchapter C, part 320 of the Code of 

Federal Regulations as follows: 

PART 260—REQUESTS FOR 

RECONSIDERATION AND APPEALS 

WITHIN THE BOARD 

1. The authority citation for part 260 

continues to read as follows: 

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

45 U.S.C. 355. 

2. Revise paragraphs (i)(1), (i)(3) and 

(l) of § 260.5 to read as follows: 

§ 260.5 Appeal from a reconsideration 

decision. 

* * * * * 

(i) Conduct of an oral hearing. (1) In 

any case in which an oral hearing is to 

be held, the hearings officer shall 

schedule a time and place for the 

conduct of the hearing. At the discretion 

of the hearings officer, any hearing 

required under this part may be held in 

person, by telephone conference call, or 

by video teleconferencing as described 

in § 260.5(l). The hearing shall not be 

open to the public. The hearings officer 

shall promptly notify by mail the party 

or parties to the proceeding as to the 

time and place for the hearing. The 

notice shall include a statement of the 

specific issues involved in the case. The 

hearings officer shall make every effort 

to hold the hearing within 150 days 

after the date the appeal is filed. 

* * * * * 

(3) The hearings officer shall rule on 

any objection timely filed by a party 

under paragraph (i) of this section and 

shall notify the party of his or her ruling 

thereon. The hearings officer may for 

good cause shown, or upon his or her 

own motion, reschedule the time and/or 

place of the hearing. If an individual 

objects to having a hearing by video 

teleconferencing, the hearings officer 

will find the individual’s wish not to 

appear by video teleconferencing to be 

a good reason for changing the time or 

place of the scheduled hearing and will 

reschedule the hearing for a time or 

place where either a telephone 

conference call or an in person hearing 

will be held. The hearings officer may 

also limit or expand the issues to be 

resolved at the hearing. 

* * * * * 

(l) Hearing by telephone or video 

teleconferencing. As stated in paragraph 

(i)(1) of this section, at the discretion of 

the hearings officer, any hearing 

required under this part may be 

conducted in person, by telephone 

conference call, or by video 

teleconferencing. The hearings officer 

may determine the hearing should be 

conducted by telephone conference call 

or video teleconferencing if use of these 

methods would be more efficient than 

conducting an in-person hearing and the 

hearings officer does not determine that 

there is a circumstance in the particular 

case preventing the use of these 

methodologies to conduct the hearing. 

PART 320—INITIAL DETERMINATIONS 

UNDER THE RAILROAD 

UNEMPLOYMENT INSURANCE ACT 

AND REVIEWS OF AND APPEALS 

FROM SUCH DETERMINATIONS 

3. The authority citation for part 320 

continues to read as follows: 

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

4. Add a new first sentence to 

paragraph (a) and revise paragraph (c) of 

§ 320.22 to read as follows: 

§ 320.22 Notice of hearing. 

(a) Notification of parties. At the 

discretion of the hearings officer, any 

hearing required under this part may be 

held in person, by telephone conference 

call, or by video teleconferencing as 

described in § 320.25(d). * * * 

* * * * * 

(c) Ruling on objection. The hearings 

officer shall rule on any objection timely 

filed by a party under this section and 

shall notify the party of his or her ruling 

thereon. The hearings officer may for 

good cause shown, or upon his or her 

own motion, reschedule the time and/or 

place of the hearing. If an individual 

objects to having a hearing by video 

teleconferencing, the hearings officer 

will find the individual’s wish not to 

appear by video teleconferencing to be 

a good reason for changing the time or 

place of the scheduled hearing and will 

reschedule the hearing for a time or 

place where a telephone conference call 

or an in person hearing will be held. 

The hearings officer also may limit or 

expand the issues to be resolved at the 

hearing. 

* * * * * 

5. Revise § 320.25(d) to read as 

follows: 

§ 320.25 Hearing of appeal. 

* * * * * 

(d) Hearing by telephone or video 

teleconferencing. As stated in 

§ 320.22(a), at the discretion of the 

hearings officer, any hearing required 

under this part may be conducted in 

person, by telephone conference call, or 

by video teleconferencing. The hearings 

officer may determine the hearing 

should be conducted by telephone 

conference call or video 

teleconferencing if use of these methods 

would be more efficient than 

conducting an in person hearing and the 

hearings officer does not determine that 

there is a circumstance in the particular 

case preventing the use of these 

methodologies to conduct the hearing. 

Dated: November 30, 2005. 

By authority of the Board. 

Beatrice Ezerski, 

Secretary to the Board. 

[FR Doc. 05–23607 Filed 12–8–05; 8:45 am] 

BILLING CODE 7905–01–P 

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. 

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 

Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules 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 Email 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: 

Form #(s) Annual 

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 Charles.Mierzwa@rrb.gov. Comments 

regarding the information collection 

should be addressed to Ronald J. 

Hodapp, Railroad Retirement Board, 844 

North Rush Street, Chicago, Illinois 

60611–2092 or Ronald.Hodapp@rrb.gov 

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, 

73178 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules 

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 § 341.6(a) introductory text 

to read as follows: 

§ 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 § 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: 

§ 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 § 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 § 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 310 and 358 

[Docket No. 2005N–0448] 

RIN 0910–AF49 

Dandruff, Seborrheic Dermatitis, and 

Psoriasis Drug Products Containing 

Coal Tar and Menthol for Over-theCounter Human Use; Proposed 

Amendment to the Monograph 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing a 

proposed rule to amend the final 

monograph (FM) for over-the-counter 

(OTC) dandruff, seborrheic dermatitis, 

and psoriasis drug products to include 

the combination of 1.8 percent coal tar 

solution and 1.5 percent menthol in a 

shampoo drug product to control 

dandruff. FDA is issuing this proposed 

rule after considering information 

submitted in a citizen petition. This 

proposal is part of FDA’s ongoing 

review of OTC drug products. 

DATES: Submit written or electronic 

comments by March 9, 2006. See section 

IX of this document for the proposed 

effective date of any final rule that may 

publish based on this proposal. 

ADDRESSES: You may submit comments, 

identified by Docket No. 2005N–0448 

and RIN 0910–AF49, by any of the 

following methods: 

Electronic Submissions 

Submit electronic comments in the 

following ways: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.fda.gov/dockets/ecomments. 

Follow the instructions for submitting 

comments on the agency Web site. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD–ROM submissions]: 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

comments, FDA is no longer accepting 

comments submitted to the agency by email. FDA encourages you to continue 

to submit electronic comments by using 

the Federal eRulemaking Portal or the 

agency Web site, as described in the 

Electronic Submissions portion of this 

paragraph. 

Instructions: All submissions received 

must include the agency name and 

Docket No. 2005N–0448. All comments 

received may be posted without change 

to http://www.fda.gov/ohrms/dockets/ 

default.htm, including any personal 

information provided. For additional 

information on submitting comments, 

see the ‘‘Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.fda.gov/dockets/default.htm and 

insert the docket number, found in 

brackets in the heading of this 

document, into the ‘‘Search’’ box and 

follow the prompts and/or go to the 

Division of Dockets Management, 5630 

Fishers Lane, rm. 1061, Rockville, MD 

20852. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Koenig, Center for Drug 

Evaluation and Research (HFD–560), 

Food and Drug Administration, 5600 

Fishers Lane, Rockville, MD 20857, 

301–827–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of December 4, 

1979 (44 FR 69768), FDA published an 

advance notice of proposed rulemaking 

(ANPR) to establish a monograph for 

OTC external analgesic drug products. 

The ANPR includes the 

recommendations of the Advisory 

Review Panel on OTC Topical 

Analgesic, Antirheumatic, Otic, Burn, 

and Sunburn Prevention and Treatment 

Drug Products (the Topical Analgesic 

Panel). The Topical Analgesic Panel 

concluded that menthol is safe and 

effective for use as an OTC external 

antipruritic (anti-itch) ingredient in 

concentrations of 1.0 percent or less and 

as a topical counterirritant in 

concentrations exceeding 1.25 percent 

up to 16 percent. In the Federal Register 

of February 8, 1983 (48 FR 5852), FDA’s 

proposed monograph, or tentative final 

monograph (TFM), for OTC external 

analgesic drug products included 

menthol as an antipruritic ingredient at