[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Rules and Regulations]
[Pages 29983-29984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13845]
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RAILROAD RETIREMENT BOARD
20 CFR Part 200
RIN 3220-AB12
General Administration
AGENCY: Railroad Retirement Board.
ACTION: Final rule.
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SUMMARY: The Railroad Retirement Board (Board) amends 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. In addition, the Board amends its regulations to explain when
custom tailored information will be provided without charging for that
service.
EFFECTIVE DATE: June 7, 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 regulation
requires payment of the Board's actual costs, as defined in the
regulation, for the provision of such services. Consistent with OMB
Circular A-25, the regulation 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 that Act), the 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.
On March 2, 1995, the Board published this rule as a proposed rule
(60 FR 11639), inviting comments on or before May 1, 1995. One comment
was received. The commentor suggested three amendments to the proposed
regulation: (1) Railroad employers should be allowed to seek custom-
tailored information without charge as such services are paid by
railroad employers through employer taxes which pay for the
administrative expenses of the Board; (2) if fees are charged, the
Board should be required to provide the estimated cost within a
specified period; and (3) the limit of $1,000.00 for waiver of fees
without approval of the three-member Board is too low. In response
thereto: (1) The Board believes that, although the costs of
administration of the agency as a whole are borne by the railroad
industry, it is more equitable to shift the costs for providing
information to those elements of that industry which use the service in
question than to have the entire industry pay for those services
indirectly through employment taxes; [[Page 29984]] (2) while the Board
believes that an estimate should be provided within a reasonable period
of time the Board does not believe that the regulation should contain a
specific time limit in view of the wide ranging types of requests that
could be made; and (3) the cap of $1,000.00 for waiver of fees without
approval of the three-member Board reflects the desire of the Board
itself to maintain close control over expenditures by the agency.
Accordingly, the Board has not amended the text of the proposed rule.
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 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. If 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 request 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. Requests 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 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 paragraph (o).
(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: May 30, 1995.
By Authority of the Board.
For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 95-13845 Filed 6-6-95; 8:45 am]
BILLING CODE 7905-01-P
