[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]
BILLING CODE 7905-01-P
