[Federal Register: October 29, 2003 (Volume 68, Number 209)]
[Rules and Regulations]
[Page 61620-61621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc03-5]
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RAILROAD RETIREMENT BOARD
20 CFR Part 200
RIN 3220-AB47
Freedom of Information Act Requests
AGENCY: Railroad Retirement Board.
ACTION: Direct final rule.
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SUMMARY: The Railroad Retirement Board (Board) hereby amends its
regulations to provide that all requests under the Freedom of
Information Act be made to the General Counsel. In addition, the
regulation is updated to account for changes in the Freedom of
Information Act enacted in the Electronic Freedom of Information Act
Amendments of 1996.
DATES: This rule shall be effective on January 27, 2004, without
further action, unless adverse comment is received by November 28,
2003. If adverse comment is received, the Railroad Retirement Board
will publish a timely withdrawal of the rule in the Federal Register.
ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North
Rush Street, Chicago, Illinois 60611-2092.
FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant
General Counsel, (312) 751-4945, TDD (312) 751-4701.
SUPPLEMENTARY INFORMATION: The Board has directed that the General
Counsel shall respond to all requests under the Freedom of Information
Act. In addition, the regulation is updated to account for changes in
the Freedom of Information Act enacted in the Electronic Freedom of
Information Act Amendments of 1996, Public Law 104-231. Nomenclature
changes and updates for amendments to the Freedom of Information Act
make no substantive changes in the Board's handling of requests under
the Freedom of Information Act.
In Sec. 200.4(d), the names of the various offices where various
publications are made available have been amended for name changes
within the agency. In Sec. 200.4(h), the official designated to
receive a Freedom of Information Act request has been amended to the
General Counsel. In addition, the Board will accept such requests by e-
mail. Section 200.4(i) has been amended to state that the General
Counsel or his or her designee shall respond to all Freedom of
Information Act requests. In addition, this section is amended to
conform to the time limit, 20 work days, set forth in the Electronic
Freedom of Information Act Amendments of 1996, Public Law 104-231.
Sections 200.4(j), (k), (l), and (n)(2) are amended to change the
official responsible for action to the General Counsel. Section
200.4(m) is amended to state that the annual Freedom of Information Act
report shall be made to the Attorney General no later than February 1,
as required by the Electronic Freedom of Information Act Amendments of
1996, Public Law 104-231.
Collection of Information Requirements
Pursuant to the Paperwork Reduction Act of 1995, the information
collection that was associated with section 200.4(n) of this rule,
concerning special procedures for handling requests for business
information, had been approved by the Office of Management and Budget
under control number 3220-0150. The currently-published version of
Sec. 200.4 states that: ``(The information collection requirements for
paragraph (n) were approved by the Office of Management and Budget
under control number 3220-0150)''. We are now informed that OMB control
number 3220-0150 is not an active number, and that the Board's
historical files that might have explained the background for that
number have been destroyed. Also, the information collection is not an
information collection that requires OMB approval because it is not the
same question, seeking the same information, from at least 10 people.
Rather, paragraph (n) asks a provider of business information if any of
that information should be withheld in response to a FOIA request for
the business information. In light of this background, the sentence
that referenced an OMB clearance number which no longer exists, is
removed.
Regulatory Impact Statement
Prior to publication of this direct final rule, the Board submitted
the rule to the Office of Management and Budget for review pursuant to
Executive Order 12866. Executive Order 12866 directs agencies to assess
all costs and benefits of available regulatory alternatives and when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). A
regulatory impact analysis (RIA) must be prepared for rules that
constitute significant regulatory action, including rules that have an
economic effect of $100 million or more annually. This direct final
rule is not a major rule in terms of the aggregate costs involved.
Specifically, we have determined that this direct final rule is not a
major rule with economically significant effects because it would not
result in increases in total expenditures of $100 million or more per
year.
The amendments made by this direct final rule are not significant.
The amendments provide that requests for information under the Freedom
of Information Act should be directed to the Board's General Counsel.
The revisions also update the agency's regulations to account for
changes in the Freedom of Information Act enacted in the Electronic
Freedom of Information Act Amendments of 1996.
Both the Regulatory Flexibility Act and the Unfunded Mandates Act
of 1995 define ``agency'' by referencing the definition of ``agency''
contained in 5 U.S.C. 551(l). Section 551(l)(E) excludes from the term
``agency'' an agency that is composed of representatives of the parties
or of representatives of organizations of the parties to the disputes
determined by them. The Railroad Retirement Board falls within this
exclusion (45 U.S.C. 231f(a)) and is therefore exempt from the
Regulatory Flexibility Act and the Unfunded Mandates Act.
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct
[[Page 61621]]
compliance costs on State and local governments, preempts State law, or
otherwise has Federalism implications. We have reviewed this direct
final rule under the threshold criteria of Executive Order 13132 and
have determined that it would not have a substantial direct effect on
the rights, roles, and responsibilities of States or local governments.
List of Subjects in 20 CFR Part 200
Claims, Freedom of information, Organization and functions
(Government agencies), Privacy, Railroad retirement, Sunshine Act.
0
For the reasons set out in the preamble, title 20, part 200, of the
Code of Federal Regulations is amended to read as follows:
PART 200--GENERAL ADMINISTRATION
0
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.
0
2. Section 200.4 is amended as follows:
0
a. By revising paragraphs (d), (h), (i), and (m);
0
b. In paragraphs (j) introductory text, (j)(2), (k), (l), and (n)(2) by
removing the words ``Executive Director'' wherever they appear, and
adding in their place the words ``General Counsel''; and
0
c. By removing the parenthetical information collection sentence at the
end of paragraph (p).
The revisions read as follows:
Sec. 200.4 Availability of information to the public.
* * * * *
(d) The materials and indexes thereto shall be kept, and made
available to the public upon request, in the bureaus and offices of the
Board that produce or utilize the materials. The following materials
currently in use shall, as long as they are in effect as precedents and
instructions, be made available in offices of the Board at 844 North
Rush Street, Chicago, Illinois 60611-2092:
(1) In the Office of Programs/Operations: The Retirement Claims
Manual, RCM Circulars, Special Services Manual, Policy Decisions,
Procedural Memoranda containing information on the adjudication of
claims not contained in the Retirement Claims Manual or in RCM
Circulars, Field Operating Manual (Parts I and VI), FOM Circulars and
Memoranda, the Occupational Disability Rating Schedule, Adjudication
Instruction Manual, Regional Operating Manual (Part I), memorandum
instructions on adjudication, and circular letters of instruction to
railroad officials.
(2) In the Office of Programs/Assessment and Training: The
Instructions to Employers, and Circular Letters to Employers.
(3) In the Office of General Counsel: Legal Opinions.
(4) In the Office of the Secretary to the Board: Decisions and
rulings of the Board.
(5) Regional offices and field offices shall also make available to
the extent practicable such of these materials and indexes as are
furnished them in the ordinary course of business.
* * * * *
(h) Any person or organization requesting records pursuant to this
section shall submit such request in writing to the General Counsel,
Railroad Retirement Board, Room 836, 844 North Rush Street, Chicago,
Illinois 60611-2092. All such requests should be clearly and
prominently identified as requests for information under the Freedom of
Information Act. If submitted by mail or otherwise submitted in an
envelope or other cover, requests should be clearly and prominently
identified as such on the envelope or cover. Requests may also be submitted by e-mail, LAWGroupMailbox@rrb.gov.
(i) The General Counsel, or any other individual specifically
authorized to act on behalf of the General Counsel, shall have the
authority to grant or deny a request for information submitted under
this section. The General Counsel or such authorized representative
shall, within 20 working days following the receipt of a request,
except as provided in paragraph (j)(1) of this section, make a
determination granting or denying the request and notify the requester
of his or her decision, and if a denial, the reasons therefor. The
requester shall be further advised that a total or partial denial may
be appealed to the Board as provided in paragraph (j) of this section.
* * * * *
(m) The Board shall, prior to February 1 of each year, prepare and
submit a report to the Attorney General of the United States covering
each of the categories of records maintained in accordance with the
foregoing for the preceding fiscal year.
* * * * *
Dated: October 22, 2003.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 03-27107 Filed 10-28-03; 8:45 am]
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