[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Rules and Regulations]
[Page 25390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12737]



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RAILROAD RETIREMENT BOARD

20 CFR Part 200

RIN 3220-AB19


Availability of Information to Public

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby amends its 
regulations establishing fees to be assessed in connection with the 
search for records and provision of documents by the Board. The 
revision will eliminate the exemption from charge for the first 100 
pages of reproduction and the first two hours of search time for 
requesters of documents who are not included within the specific 
categories provided in the regulations.

EFFECTIVE DATE: May 21, 1996.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush 
Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Michael C. Litt, Bureau of Law, 
Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611, 
(312) 751-4929, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Section 200.4(g)(2)(v) of the Board's 
regulations provides for fees to be assessed in connection with the 
production of documents for ``All other requesters'', i.e. those 
requesters who do not fall within other categories provided for in the 
regulation. Those other categories include requests by commercial 
users, by educational and non-commercial scientific institutions, by 
representatives of the news media, and by subjects of records in 
Privacy Act Systems of Records. Currently Sec. 200.4(g)(2)(v) provides 
that the Board does not charge ``other requesters'' for the first 100 
pages of reproduction and the first two hours of search time.
    The Board is authorized to charge for such costs of reproduction 
and search time by section 12(d) of the Railroad Unemployment Insurance 
Act (45 U.S.C. 362(d)) which provides, in pertinent part, that:

    * * * the Board may furnish such information to any person or 
organization upon payment by such person or organization to the 
Board of the cost incurred by the Board by reason thereof; and the 
amounts so paid to the Board shall be credited to the railroad 
unemployment insurance administration fund established pursuant to 
section 11(a) of this Act.

This provision is incorporated into the Railroad Retirement Act by 
section 7(b)(3) of that Act (45 U.S.C. 231f(b)(3)).
    The Board has been receiving an increasing number of genealogical 
requests (almost 700 for the first six months of 1995 compared with 
about 450 for the same period in 1994) with a current estimated cost 
per request of $16.00. The Board has determined that it is more 
equitable that the costs for provision of this information be borne by 
the individuals who need the information, rather than the railroad 
industry as a whole. Accordingly, the Board proposes to eliminate the 
exemption from charge for the first 100 pages of reproduction and the 
first two hours of search time for requesters covered by 
Sec. 200.4(g)(2)(v).
    This rule was published as a proposed rule on January 18, 1996, 
inviting comments on or before March 18, 1996 (61 FR 1252). 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 impact 
analysis is required. There are no information collections associated 
with this rule.

List of Subjects in 20 CFR Part 200

    Railroad employees, Railroad retirement, Railroad unemployment 
insurance.

    For the reasons set out in the preamble, title 20, chapter II, part 
200 of the Code of Federal Regulations is amended as follows:

PART 200--GENERAL ADMINISTRATION

    1. The authority citation for part 200 continues to read as 
follows:

    Authority: 45 U.S.C. 231f(b)(5) and 45 U.S.C. 362; Sec. 200.4 
also issued under 5 U.S.C. 552; Sec. 200.5 also issued under 5 
U.S.C. 552a; Sec. 200.6 also issued under 5 U.S.C. 552b; and 
Sec. 200.7 also issued under 31 U.S.C. 3717.

    2. Section 200.4 is amended by revising paragraph (g)(2)(v) to read 
as follows:


Sec. 200.4  Availability of information to public.

* * * * *
    (g) * * *
    (2) * * *
    (v) All other requesters. For requesters who do not fall within the 
purview of paragraphs (g)(2) (i), (ii), (iii), or (iv) of this section, 
the RRB will charge the full direct cost of searching for and 
reproducing records that are responsive to the request. The RRB will 
not charge for such costs to be assessed if the total is less than 
$10.00. If the total is $10.00 or more, the RRB may waive the charge or 
reduce it if it determines that disclosure of the information is in the 
public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the government 
and is not primarily in the commercial interest of the requester.
* * * * *
    Dated: May 7, 1996.

    By authority of the Board.

    For the Board.
Beatrice Ezerski,
 Secretary to the Board.
[FR Doc. 96-12737 Filed 5-20-96; 8:45 am]
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