83 FR 7511 - Proposed Collection; Comment Request

RAILROAD RETIREMENT BOARD

Federal Register Volume 83, Issue 35 (February 21, 2018)

In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. 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. 1. Title and purpose of information collection: Appeal Under the Railroad Retirement and Railroad Unemployment Insurance Act; OMB 3220- 0007. Under Section 7(b)(3) of the Railroad Retirement Act (RRA), and Section 5(c) of the Railroad Unemployment Insurance Act (RUIA) any person aggrieved by a decision made by an office of the RRB on his or her application for an annuity or benefit under those Acts has the right to appeal to the RRB. This right is prescribed in 20 CFR 260 and 20 CFR 320. The notification letter, which is provided at the time of filing the original application, informs the applicant of such right. When an applicant protests a decision, the concerned RRB office reviews the entire file and any additional evidence submitted and sends the applicant a letter explaining the basis of the determination. The applicant is then notified that to protest further, they can appeal to the RRB's Bureau of Hearings and Appeals. The appeal process is prescribed in 20 CFR 260.5 and 260.9 and 20 CFR 320.12 and 320.38. To file a request for an appeal the applicant must complete Form HA-1, Appeal Under the Railroad Retirement Act or Railroad Unemployment Insurance Act. The form asks the applicant to explain the basis for their request for an appeal and, if necessary, to describe any additional evidence they wish to submit in support of the appeal. Completion is voluntary, however, if the information is not provided the RRB cannot process the appeal. The RRB proposes no changes to Form HA-1.

[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Pages 7511-7512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03491]


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RAILROAD RETIREMENT BOARD


Proposed Collection; Comment Request

    Summary: In accordance with the requirement of Section 3506 
(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides 
opportunity for public comment on new or revised data collections, the 
Railroad Retirement Board (RRB) will publish periodic summaries of 
proposed data collections.
    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.
    1. Title and purpose of information collection: Appeal Under the 
Railroad Retirement and Railroad Unemployment Insurance Act; OMB 3220-
0007.
    Under Section 7(b)(3) of the Railroad Retirement Act (RRA), and 
Section 5(c) of the Railroad Unemployment Insurance Act (RUIA) any 
person aggrieved by a decision made by an office of the RRB on his or 
her application for an annuity or benefit under those Acts has the 
right to appeal to the RRB. This right is prescribed in 20 CFR 260 and 
20 CFR 320. The notification letter, which is provided at the time of 
filing the original application, informs the applicant of such right. 
When an applicant protests a decision, the concerned RRB office reviews 
the entire file and any additional evidence submitted and sends the 
applicant a letter explaining the basis of the determination. The 
applicant is then notified that to protest further, they can appeal to 
the RRB's Bureau of Hearings and Appeals. The appeal process is 
prescribed in 20 CFR 260.5 and 260.9 and 20 CFR 320.12 and 320.38.
    To file a request for an appeal the applicant must complete Form 
HA-1, Appeal Under the Railroad Retirement Act or Railroad Unemployment 
Insurance Act. The form asks the applicant to explain the basis for 
their request for an appeal and, if necessary, to describe any 
additional evidence they wish to submit in support of the appeal. 
Completion is voluntary, however, if the information is not provided 
the RRB cannot process the appeal. The RRB proposes no changes to Form 
HA-1.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
HA-1.........................................................             550               20              185
----------------------------------------------------------------------------------------------------------------

    2. Title and purpose of information collection: Annual Earnings 
Questionnaire; OMB 3220-0179.
    Under section 2(e)(3) of the Railroad Retirement Act (RRA), an 
annuity is not payable for any month in which a beneficiary works for a 
railroad. In addition, an annuity is reduced for any month in which the 
beneficiary works for an employer other than a railroad employer and 
earns more than a prescribed amount. Under the 1988 amendments to the 
RRA, the Tier II portion of the regular annuity and any supplemental 
annuity must be reduced by one dollar for each two dollars of Last Pre-
Retirement Non-Railroad Employment (LPE) earnings for each month of 
such service. However, the reduction cannot exceed 50 percent of the 
Tier II and supplemental annuity amount for the month to which such 
deductions apply. The LPE generally refers to an annuitant's last 
employment with a non-railroad person, company, or institution prior to 
retirement, which was performed at the same time as railroad employment 
or after the annuitant stopped railroad employment. The collection 
obtains earnings information needed by the RRB to determine if possible 
reductions in annuities are in order due to LPE.
    The RRB utilizes Form G-19L, Annual Earnings Questionnaire, to 
obtain LPE earnings information from annuitants. One response is 
requested of each respondent. Completion is required to retain a 
benefit. The RRB proposes no changes to Form G-19L.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                    Annual
                           Form No.                               responses      Time (minutes)   Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-19L........................................................             300               15               75
----------------------------------------------------------------------------------------------------------------

    Additional Information or Comments: To request more information or 
to obtain a copy of the information collection justification, forms, 
and/or supporting material, contact Dana Hickman at (312) 751-4981 or

[[Page 7512]]

[email protected]. Comments regarding the information collection 
should be addressed to Brian Foster, Railroad Retirement Board, 844 
North Rush Street, Chicago, Illinois 60611-1275 or emailed to 
[email protected]. Written comments should be received within 60 
days of this notice.

Brian D. Foster,
Clearance Officer.
[FR Doc. 2018-03491 Filed 2-20-18; 8:45 am]
 BILLING CODE 7905-01-P