[Federal Register: September 5, 2001 (Volume 66, Number 172)]
[Proposed Rules]               
[Page 46408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se01-27]                         

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RAILROAD RETIREMENT BOARD

20 CFR Part 200

RIN 3220-AB48

 
Assessment or Waiver of Interest, Penalties, and Administrative 
Costs With Respect to Collection of Certain Debts

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby proposes to amend 
its regulations to conform those regulations to the practice of the 
agency to waive interest, penalties, and administrative costs where a 
debt is being recovered by setoff from current annuities and where the 
debt was not caused by fraud. This amendment will conform the 
regulation to current agency practice.

DATES: Submit comments on or before November 5, 2001.

ADDRESSES: Address any comments concerning this proposed rule to the 
secretary to the Board, Railroad Retirement Board, 844 North Rush 
Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Michael C. Litt, (312) 751-4929, TDD 
(312) 751-4701.

SUPPLEMENTARY INFORMATION: Section 200.7 of the Board's regulations 
provides for the assessment and waiver of interest, penalties, and 
administrative costs with respect to the collection of debts owed the 
Board. The Board proposes to amend its regulations so that the 
assessment of interest, penalties and administrative costs will be 
automatically waived in any case where the debt is being recovered by 
full or partial withholding of current annuities payable under the 
Railroad Retirement Act and where fraud on the part of the debtor is 
not involved. This amendment will conform the Board's regulations to 
Board policy regarding recovery of debts due to the Board. The Social 
Security Administration also follows this same practice.
    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 retirement.

    For the reasons set out in the preamble, the Railroad Retirement 
Board proposes to amend 20 CFR part 200 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. Amend Sec. 200.7 by adding a new paragraph (i) to read as 
follows:


Sec. 200.7  Assessment or waiver of interest, penalties, and 
administrative costs with respect to collection of certain debts.

* * * * *
    (i) The Board shall waive the collection of interest, penalties, 
and administrative costs in any case where the debt to be recovered is 
being recovered by full or partial withholding of a current annuity 
payable under the Railroad Retirement Act and the debt was not incurred 
through fraud.

    Dated: August 27, 2001.
    By Authority of the Board.

Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 01-22272 Filed 9-4-01; 8:45 am]
BILLING CODE 7905-01-P