[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Proposed Rules]
[Pages 11639-11640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5132]
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RAILROAD RETIREMENT BOARD
20 CFR Part 200
[RIN 3220-AB12]
General Administration
AGENCY: Railroad Retirement Board.
ACTION: Proposed rule.
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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its
regulations to explain when the Board will provide custom tailored
information to a member of the public and to set forth the charges for
such special services. The Board also proposes to amend its regulations
to explain when the Board may provide custom tailored information
without charging for that service.
DATES: Comment shall be submitted on or before May 1, 1995.
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: OMB Circular A-25 establishes Federal policy
regarding fees to be assessed for special benefits. In the case of the
Railroad Retirement Board those benefits would be the provision of
custom tailored or non-routine information services. The Board proposes
to require payment of the Board's actual costs, as defined in the
proposed rule, for the provision of such services. Consistent with OMB
Circular A-25, the proposed rule provides that if it is determined that
the identity of the specific beneficiary is obscure and that provision
of the information can be considered primarily as benefiting broadly
the general public, then the Board may determine in a particular case
not to charge for the service. However, consistent with the authority
contained in section 12(d) of the Railroad Unemployment Insurance Act
(which is incorporated into the Railroad Retirement Act by section
7(b)(3) of the Act), the proposed regulation provides that charges may
be assessed in any specific case. This regulation does not cover
information which is required to be disclosed by statute or regulation
such as information required to be disclosed under the Freedom of
Information Act.
The Board, in conjunction with 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 proposed to be 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 adding paragraphs (o) and (p) to
read as follows:
Sec. 200.4 Availability of information to public.
* * * * *
(o) Custom Tailored Information Services; Fees Charged.
This paragraph and paragraph (p) of this section set forth the
policy of the Railroad Retirement Board with respect to the assessment
of a fee for providing custom tailored information where requested.
Except as provided in paragraphs (o)(4) (vii) and (p) of this section,
a fee shall be charged for providing custom tailored information.
(1) Definition: Custom tailored information. Custom tailored
information is information not otherwise required to be disclosed under
this part but which can be created or extracted and manipulated,
reformatted, or otherwise prepared to the specifications of the
requester from existing records. For example, the Board needs to
program computers to provide data in a particular format or to compile
selected items from records, provide statistical data, ratios,
proportions, percentages, etc., and this data is not already compiled
and available, the end product would be the result of custom tailored
information services.
(2) Providing custom tailored information. The Board is not
required to provide custom tailored information. It will do so only
when the appropriate fees have been paid as provided in paragraph
(o)(4) of this section and when the request for such information will
not divert staff and equipment from the Board's primary
responsibilities.
(3) Requesting custom tailored information. Information may be
requested in person, by telephone, or by mail. Any reuqest should
reasonably describe the information wanted and may be sent to the
Director of Administration, Railroad Retirement Board, 844 North Rush
Street, Chicago, Illinois 60611-2092.
(4) Fee schedule. Request for custom tailored information are
chargeable according to the following schedule:
(i) Manual searching for records. Full cost of the time of the
employees who perform the service, even if records cannot be found,
management and supervisory costs, plus the full costs of any machine
time and materials the employee uses. Consulting and other indirect
costs will be assessed as appropriate.
(ii) Photocopying or reproducing records on magnetic tapes or
computer diskettes. The charge for making photocopies of any size
document shall [[Page 11640]] be $.10 per copy per page. The charge for
reproducing records on magnetic tapes or computer diskettes is the full
cost of the operator's time plus the full cost of the machine time and
the materials used.
(iii) Use of electronic data processing equipment to obtain
records. Full cost for the service, including computer search time and
computer runs and printouts, and the time of computer programmers and
operators and of other employees.
(iv) Certification or authentication. Full cost of certification
and authentication.
(v) Providing other special services. Full cost of the time of the
employee who performs the service, management and supervisory costs,
plus the full costs of any machine time and materials the employee
uses. Consulting and other indirect costs will be assessed as
appropriate.
(vi) Special forwarding arrangements. Full cost of special
arrangements for forwarding material requested.
(vii) Statutory supersession. Where a Federal statute prohibits the
assessment of a charge for a service or addresses an aspect of that
charge, the statute shall take precedence over this regulation.
(p) Assessment of a Fee with Respect to the Provision of Custom
Tailored Information Where the Identification of the Beneficiary Is
Obscure and Where Provision of the Information Can be Seen as
Benefiting the Public Generally. When the identification of a specific
beneficiary with respect to the provision of custom tailored
information is obscure, the service can be considered primarily as
benefiting broadly the general public, and the estimated cost of
providing the information is less than $1,000.00, the Director of
Administration shall determine whether or not a fee is to be charged.
In any such case where the cost is $1,000.00 or more, the request shall
be referred by the Director of Administration to the three-member Board
for a determination whether or not a fee is to be assessed.
* * * * *
Dated: February 23, 1995.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 95-5132 Filed 3-1 -95; 8:45 am]
BILLING CODE 7905-01-M
