[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)]
[Notices]
[Page 38491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18135]
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RAILROAD RETIREMENT BOARD
Appointment of an Examiner and Request for Views and Comments:
Public Hearing
AGENCY: Railroad Retirement Board.
ACTION: Notice.
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SUMMARY: Pursuant to 20 CFR Part 258 the Railroad Retirement Board has
appointed an examiner to consider the following issue: Whether an
entity, which itself does not operate a line of railroad, but which
leases to or contracts with another entity to operate all or part of a
line of railroad should be considered an employer under the Railroad
Retirement Act and Railroad Unemployment Insurance Act.
DATES: A hearing will be held to receive views and comments on this
issue on August 19, 1999, at 10 a.m. (CDT) at the headquarters of the
Railroad Retirement Board, Room 836, 844 North Rush Street, Chicago,
Illinois 60611. Notice of appearance and summary of proposed testimony
must be received by August 12, 1999, in order to present oral
testimony. Otherwise, written views and comments must be received by
August 20, 1999.
ADDRESSES: Send views, comments, or notice of appearance and summary of
proposed testimony to Thomas W. Sadler, Designated Hearing Examiner,
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois
60611.
FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Designated Hearing
Examiner, (312) 751-4513.
SUPPLEMENTARY INFORMATION: The Railroad Retirement Board is an
independent agency in the executive branch of the Federal government
which administers the Railroad Retirement Act and Railroad Unemployment
Insurance Act. These statutes provide retirement, disability and
unemployment benefits to railroad workers and their families. Benefits
are financed primarily by taxes levied on employers and employees under
the Acts.
Under the Railroad Retirement Act the term ``employer'' includes
any carrier by railroad subject to the jurisdiction of the Surface
Transportation Board under part A of subtitle IV of title 49 of the
United States Code. 45 U.S.C. 231(a)(1). A similar provision is found
in the Railroad Unemployment Insurance Act. 45 U.S.C. 351(a) and (b).
The Railroad Retirement Board, through appointment of an examiner, now
requests views and comments on whether an entity, which itself does not
operate a line of railroad, but which leases to or contracts with
another entity to operate all or part of a line of railroad should be
considered an employer under the Railroad Retirement Act and Railroad
Unemployment Insurance Act. See, Railroad Ventures, Inc.,
reconsideration currently pending before this Board.
In framing your views and comments, you should consider what
factors, if any, should be considered in deciding whether the lessor or
non-operating entity is an employer. Some factors which the Railroad
Retirement Board has considered in the past in making such
determinations are:
(a) Whether the non-operating entity has previously been determined
to be an employer under the Acts;
(b) Whether the non-operating entity has the capability to operate
a railroad;
(c) Whether the non-operating entity is a government entity;
(d) Whether the non-operating entity by agreement or law must
maintain the rail line;
(e) Whether the non-operating entity by agreement or law must adopt
alterations, improvements or betterments to the rail line;
(f) Whether the non-operating entity is required by agreement or
law to operate the rail line in event of default of the operating
entity; and
(g) Whether the non-operating entity has any employees.
Dated: July 9, 1999.
By Authority of the Board.
For the Board,
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 99-18135 Filed 7-15-99; 8:45 am]
BILLING CODE 7905-01-P
