[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13763-13764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05888]
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RAILROAD RETIREMENT BOARD
20 CFR Parts 200, 320, and 345
RIN 3220-AB65
Restructuring of the Office of Programs; Elimination of Regional
Offices
AGENCY: Railroad Retirement Board.
ACTION: Final rule.
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SUMMARY: The Railroad Retirement Board (Board) amends its regulations
to reflect the restructuring of the Office of Programs and the
elimination of the Regional Offices.
DATES: This rule will be effective March 17, 2015.
ADDRESSES: Martha P. Rico, Secretary to the Board, Railroad Retirement
Board, 844 N. 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: The Railroad Retirement Board has
restructured its Office of Assessment and Training in a Board-approved
reorganization plan. The Office of Assessment and Training, formerly a
single component of the Office of Programs, is now intermingled with
other subcomponents of the Office of Programs. Therefore, issues that
were formerly under the jurisdiction of the Office of Programs/
Assessment and Training are now under the jurisdiction of the Office of
Programs/Policy and Systems for purposes of the following regulations.
Additionally, the Railroad Retirement Board underwent a
reorganization of its regional offices in an effort to improve
efficiency and eliminate duplication. As a result of this
reorganization, the Railroad Retirement Board eliminated its Regional
Offices in Atlanta, Georgia, Denver, Colorado, and Philadelphia,
Pennsylvania. The work done by the Regional Offices is now handled by
the Field Services Headquarters staff.
The Board published a proposed rule on February 14, 2012 and
requested comments by April 16, 2012 [77 FR 8183]. No comments were
received. The final rule is essentially the same as the proposed rule.
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, as amended. Therefore, no regulatory
impact analysis is required. There are no changes to the information
collections associated with Parts 200, 320 and 345.
List of Subjects in 20 CFR Parts 200, 320, and 345.
Railroad employees, Railroad employers, Railroad retirement,
Railroad unemployment.
For the reasons set out in the preamble, the Railroad Retirement
Board amends title 20, chapter II, subchapter A, part 200 and
subchapter C, parts 320 and 345 of the Code of Federal Regulations as
follows:
PART 200--GENERAL ADMINISTRATION
0
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.
0
2. In Sec. 200.1, paragraph (a)(4) is revised to read as follows:
Sec. 200.1 Designation of central and field organization.
(a) * * *
(4) The headquarters of the Board is in Chicago, Illinois, at 844
North Rush Street. The Board maintains numerous district offices across
the country in localities easily accessible to large numbers of
railroad workers.
* * * * *
0
3. In Sec. 200.4, paragraphs (d)(1), (d)(2), and (d)(5) are revised to
read as follows:
Sec. 200.4 Availability of information to the public.
* * * * *
(d) * * *
[[Page 13764]]
(1) In the Office of Programs/Operations: The Retirement Claims
Manual, RCM Circulars, Special Services Manual, Policy Decisions,
Procedural Memoranda containing information on the adjudication of
claims not contained in the Retirement Claims Manual or in RCM
Circulars, Field Operating Manual (Parts I and VI), FOM Circulars and
Memoranda, the Occupational Disability Rating Schedule, Adjudication
Instruction Manual, memorandum instructions on adjudication, and
circular letters of instruction to railroad officials.
(2) In the Office of Programs/Policy and Systems: The Instructions
to Employers, and Circular Letters to Employers.
* * * * *
(5) Field offices shall also make available to the extent
practicable such of these materials and indexes as are furnished them
in the ordinary course of business.
PART 320--INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS
0
4. The authority citation for part 320 continues to read as follows:
Authority: 45 U.S.C. 355 and 362(l).
0
5. In Sec. 320.6, paragraph (c) introductory text is revised to read
as follows:
Sec. 320.6 Adjudicating office.
* * * * *
(c) Field Service-Headquarters. Field Service-Headquarters staff
are authorized to make determinations on any of the issues listed in
paragraph (b) of this section. In addition, Field Service-Headquarters
staff are authorized to make initial determinations on the following
issues:
* * * * *
0
6. In Sec. 320.10, paragraph (c) is revised to read as follows:
Sec. 320.10 Reconsideration of initial determination.
* * * * *
(c) Notice of decision. The adjudicating office shall, as soon as
possible, render a decision on the request for reconsideration. If a
decision rendered by a district office, as the adjudicating office,
sustains the initial determination, either in whole or in part, the
decision shall be referred to the appropriate Field Service-
Headquarters staff for review prior to issuance. The party who
requested reconsideration shall be notified, in writing, of the
decision on reconsideration no later than 15 days from the date of the
decision or, where the Field Service-Headquarters staff has conducted a
review of the decision, within 7 days following the completion of the
review. If the decision results in denial of benefits, the claimant
shall be notified of the right to appeal as provided in Sec. 320.12 of
this part. If the decision results in payment of benefits, the base-
year employer(s) shall be notified of the right to appeal as provided
in Sec. 320.12 of this part.
* * * * *
PART 345--EMPLOYERS' CONTIBUTIONS AND CONTRIBUTION REPORTS
0
7. The authority citation for part 345 continues to read as follows:
Authority: 45 U.S.C. 362(l).
0
8. Revise Sec. 345.202 to read as follows:
Sec. 345.202 Consolidated employer records.
(a) Establishing a consolidated employer record. Two or more
employers that are under common ownership or control may request the
Board to consolidate their individual employer records into a joint
individual employer record. Such joint individual employer record shall
be treated as though it were a single employer record. A request for
such consolidation shall be made to the Director of Policy and Systems,
and such consolidation shall be effective commencing with the calendar
year following the year of the request.
(b) Discontinuance of a consolidated employer record. Two or more
employers that have established and maintained a consolidated employer
record will be permitted to discontinue such consolidated record only
if the individual employers agree to an allocation of the consolidated
employer record and such allocation is approved by the Director of
Policy and Systems. The discontinuance of the consolidated record shall
be effective commencing with the calendar year following the year of
the Director of Policy and Systems' approval.
0
9. In Sec. 345.307 paragraphs (a) and (b) are revised to read as
follows:
Sec. 345.307 Rate protest.
(a) Request for reconsideration. An employer may appeal a
determination of a contribution rate computed under this part by filing
a request for reconsideration with the Director of Policy and Systems
within 90 days after the date on which the Board notified the employer
of its rate of contribution for the next ensuing calendar year. Within
45 days of the receipt of a request for reconsideration, the Director
shall issue a decision on the protest.
(b) Appeal to the Board. An employer aggrieved by the decision of
the Director of Policy and Systems under paragraph (a) of this section
may appeal to the Board. Such appeal shall be filed with the Secretary
to the Board within 30 days after the date on which the Director
notified the employer of the decision on reconsideration. The Board may
decide such appeal without a hearing or, in its discretion, may refer
the matter to a hearings officer pursuant to part 319 of this chapter.
* * * * *
Dated: March 11, 2015.
Martha P. Rico,
Secretary to the Board, By Authority of the Board.
[FR Doc. 2015-05888 Filed 3-16-15; 8:45 am]
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