[Federal Register: July 16, 1999 (Volume 64, Number 136)]
[Notices]               
[Page 38491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy99-126]                         

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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