Railroad Retirement Board Publishes Semiannual Regulatory Agenda

[2] ACTION: Semiannual regulatory agenda.

[3] SUMMARY: This agenda contains lists of regulations that the Board is developing or proposes to develop in the next 12 months and regulations that are scheduled to be reviewed in that period.

[4] ADDRESSES: 844 North Rush Street, Chicago, Illinois 60611-2092.

[5] FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant General Counsel, Office of General Counsel, Railroad Retirement Board, (312) 751- 4945, FAX (312) 751-7102, TDD (312) 751-4701.

[6] SUPPLEMENTARY INFORMATION: For this edition of the Railroad Retirement Board's regulatory agenda, the most important significant regulatory actions are included in The Regulatory Plan, which appears in part II of this issue of the Federal Register. The Regulatory Plan entries are listed in the Table of Contents below and are denoted by a bracketed bold reference, which directs the reader to the appropriate sequence number in part II.

[7] Regulations that are routine in nature or pertain solely to internal agency management have not been included in the agenda.

[8] Dated: September 13, 2002.

[9] By Authority of the Board.

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3759. EMPLOYERS' CONTRIBUTIONS AND CONTRIBUTION REPORTS

Priority: Substantive, Nonsignificant

[10] Legal Authority: 45 USC 345 362(l)

[11] CFR Citation: 20 CFR 345.202 to 204

[12] Legal Deadline: None

[13] Abstract: The Railroad Retirement Board amends sections 345.202 to 204 of 20 CFR part 345 to explain the effective date of consolidated employer records that result in the issuance of a joint contribution rate under the "experience rating" provisions of section 8 of the Railroad Unemployment Insurance Act. The amendment also incorporates a nomenclature change due to a recent agency reorganization.

Timetable:

[15] Small Entities Affected: No

[16] Government Levels Affected: Federal

[17] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[18] RIN: 3220-AB53

3760. o APPLICATION FOR ANNUITY OR LUMP SUM

[19] Regulatory Plan: This entry is Seq. No. 152 in part II of this issue of the Federal Register.

[20] RIN: 3220-AB55

3761. o ACCOUNT BENEFITS RATIO Regulatory Plan: This entry is Seq. No. 153 in part II of this issue of the Federal Register.

[21] RIN: 3220-AB56

3762. o ELECTRONIC FILING OF APPLICATIONS AND CLAIMS FOR BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT

[22] Priority: Substantive, Nonsignificant

[23] Legal Authority: 45 USC 355; 45 USC 362(1)

[24] CFR Citation: 20

[25] CFR 321 Legal Deadline: None Abstract: The Railroad Retirement Board amends its regulations to add a new part 321 to permit the electronic filing of applications and claims under the Railroad Unemployment Insurance Act via the Internet in accordance with the provisions of the Government Paperwork Elimination Act.

Timetable:

[27] Required: No

[28] Small Entities Affected: No

[29] Government Levels Affected: Federal

[30] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[31] RIN: 3220-AB57

Railroad Retirement Board (RRB) Final Rule Stage

3763. REDUCTION AND NONPAYMENT OF ANNUITIES BY REASON OF WORK

[32] Priority: Substantive, Nonsignificant

[33] Legal Authority: 45 USC 231f(b)(5) CFR Citation: 20 CFR 230

[34] Legal Deadline: None

[35] Abstract: The Railroad Retirement Board amends 20 CFR part 230 to reflect the changes in law made by the enactment of Public Law 106-182, the Senior Citizens' Freedom to Work Act of 2000.

Timetable:

[37] Small Entities Affected: No

[38] Government Levels Affected: Federal

[39] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[40] RIN: 3220-AA61

[41] 3764. DETERMINING DISABILITY

[42] Priority: Substantive, Nonsignificant

[43] Legal Authority: 45 USC 231a; 45 USC 231f

[44] CFR Citation: 20 CFR 220.114

[45] Legal Deadline: None

[46] Abstract: The Railroad Retirement Board amends title 20 CFR 220.114 to expand the Board's description of the manner in which symptoms, including pain, are evaluated for purposes of determining disability.

Timetable:

[48] Required: No

[49] Small Entities Affected: No

[50] Government Levels Affected: Federal

[51] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[52] RIN: 3220-AA99

3765. REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD

[53] Regulatory Plan: This entry is Seq. No. 154 in part II of this issue of the Federal Register.

[54] RIN: 3220-AB03

3766. FREEDOM OF INFORMATION ACT REQUESTS

[55] Priority: Substantive, Nonsignificant

[56] Legal Authority: 45 USC 231f(b)(5); 45 USC 362; 5 USC 552

[57] CFR Citation: 20 CFR 200.4 Legal Deadline: None

[58] Abstract: The Railroad Retirement Board amends 20 CFR 200.4 to direct all Freedom of Information Act requests to the Board's General Counsel, and to extend the time within which responses may be made from 10 to 20 working days as provided by the Freedom of Information Act.

Timetable:

[60] Small Entities Affected: No

[61] Government Levels Affected: Federal

[62] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[63] RIN: 3220-AB47

3767. APPENDIX 1 TO PART 220 -- LISTING OF IMPAIRMENTS

[64] Priority: Substantive, Nonsignificant

[65] Legal Authority: 45 USC 231a; 45 USC 231f

[66] CFR Citation: 20 CFR 220.110; 20 CFR 220, app 1

[67] Legal Deadline: None

[68] Abstract: The Railroad Retirement Board amends 20 CFR 220.110 and appendix 1 -- Listing of Impairments, to conform the medical criteria that apply to disability determinations to the medical criteria in the Social Security Administration's regulations (20 CFR 404, subpart P, appendix 1).

Timetable:

[70] Required: No

[71] Small Entities Affected: No

[72] Government Levels Affected: Federal

[73] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[74] RIN: 3220-AB51

3768. RETIREMENT AGE

[75] Priority: Substantive, Nonsignificant

[76] Legal Authority: 45 USC 231f(b)(5)

[77] CFR Citation: 20 CFR 218; 20 CFR 220; 20 CFR 225

[78] Legal Deadline: None

[79] Abstract: The Railroad Retirement Board amends title 20 CFR sections 218, 220, and 225, to update references in those sections to the "age" required for annuity eligibility to reflect changes to full retirement age under the Railroad Retirement Act.

Timetable:

[81] Required: No

[82] Small Entities Affected: No

[83] Government Levels Affected: Federal

[84] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[85] RIN: 3220-AB54

Railroad Retirement Board (RRB) Long-Term Actions

3769. CREDITABLE RAILROAD COMPENSATION

[86] Priority: Substantive, Nonsignificant

[87] Legal Authority: 45 USC 231f

[88] CFR Citation: 20 CFR 211.3

[89] Legal Deadline: None

[90] Abstract: The RRB amends its regulations regarding the creditability of pay for time lost to prohibit the crediting of pay for time lost beyond the date of a judgment or settlement, or in the absence of a judgment or settlement, beyond the date of payment. The Labor Member of the RRB dissents from this proposal and recommends allowing the crediting of pay for time lost in these circumstances when the accompanying railroad retirement taxes are paid on the compensation.

Timetable:

[92] Small Entities Affected: No

[93] Government Levels Affected:

[94] Federal Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[95] RIN: 3220-AB23

3770. DETERMINING DISABILITY

[96] Priority: Substantive, Nonsignificant

[97] Legal Authority: 45 USC 231a; 45 USC 231f

[98] CFR Citation: 20 CFR 220.143; 20 CFR 220.170

[99] Legal Deadline: None

[100] Abstract: The Railroad Retirement Board amends 20 CFR sections 220.143 220.170 to index the amount of earnings used to determine if an individual is engaged in substantial gainful activity (SGA) to any increase in the Social Security national average wage index, and to increase (from $200 to $530) the minimum amount of monthly earnings to count during a trial work period, and then to index that amount to the Social Security national average wage index.

Timetable:

[102] Small Entities Affected: No

[103] Government Levels Affected: Federal

[104] Agency Contact: Marguerite P. Dadabo, Assistant General Counsel, Railroad Retirement Board, 844 North Rush Street, Chicago, IL 60611-2092 Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[105] RIN: 3220-AB50

Railroad Retirement Board (RRB) Completed Actions

3771. APPLICATION FOR ANNUITY OR LUMP SUM

[106] Priority: Substantive, Nonsignificant

[107] CFR Citation: 20 CFR 217.9; 20 CFR 217.30

Completed:

[109] Required: No

[110] Government Levels Affected: Federal

[111] Agency Contact: Marguerite P. Dadabo Phone: 312 751-4945 TDD Phone: 312 751-4701 Fax: 312 751-7102

[112] RIN: 3220-AB46