Proposed Collection; Comment Request

RAILROAD RETIREMENT BOARD

Proposed Collection; Comment Request

Summary: In accordance with the requirement of Section

3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides

opportunity for public comment on new or revised data collections, the

Railroad Retirement Board (RRB) will publish periodic summaries of

proposed data collections.

Comments are invited on: (a) Whether the proposed information

collection is necessary for the proper performance of the functions of

the agency, including whether the information has practical utility;

(b) the accuracy of the RRB's estimate of the burden of the collection

of the information; (c) ways to enhance the quality, utility, and

clarity of the information to be collected; and (d) ways to minimize

the burden related to the collection of information on respondents,

including the use of automated collection techniques or other forms of

information technology.

Title and Purpose of Information Collection

Appeal Under the Railroad Retirement and Railroad Unemployment

Insurance Act; OMB 3220-0007.

Under Section 7(b)(3) of the Railroad Retirement Act (RRA), and

section 5(c) of the Railroad Unemployment Insurance Act (RUIA) any

person aggrieved by a decision on his or her application for an annuity

or benefit under that Act has the right to appeal to the RRB. This

right is prescribed in 20

[[Page 9026]]

CFR 260 and 20 CFR 320. The notification letter sent to the individual

at the time of the original action on the application informs the

applicant of such right. When an individual protests a decision, the

concerned bureau reviews the entire file and any additional evidence

submitted and sends the applicant a letter explaining the basis of the

determination. The applicant is then notified that if he or she wishes

to protest further, they can appeal to the RRB's Bureau of Hearings and

Appeals. The procedure pertaining to the filing of such an appeal is

prescribed in 20 CFR 260.5 and 260.9 and 20 CFR 320.12 and 320.38.

The form prescribed by the RRB for filing an appeal under the RRA

or RUIA is form HA-1, Appeal Under the Railroad Retirement Act or

Railroad Unemployment Insurance Act. The form asks the applicant to

furnish the basis for the appeal and what additional evidence, if any,

is to be submitted. Completion is voluntary, however if the information

is not provided the RRB cannot process the appeal.

The RRB proposes to add an item to Form HA-1 which requests the

name, address and phone number of the applicant's representative. Minor

editorial changes which include the addition of language required by

the Paperwork Reduction Act of 1995 are also proposed. The completion

time for the HA-1 is estimated at 20 minutes per response. The RRB

estimates that approximately 1,200 Form HA-1's are completed annually.

ADDITIONAL INFORMATION OR COMMENTS: To request more information or

to obtain a copy of the information collection justification, forms,

and/or supporting material, please call the RRB Clearance Officer at

(312)751-3363. Comments regarding the information collection should be

addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611-2092. Written comments should be

received within 60 days of this notice.

Chuck Mierzwa,

Clearance Officer.

[FR Doc. 98-4421 Filed 2-20-98; 8:45 am]

BILLING CODE 7905-01-M