Plan of Operation During a National Emergency

RAILROAD RETIREMENT BOARD

20 CFR Part 375

RIN 3220-AB36

Plan of Operation During a National Emergency

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby proposes to amend

its regulations to update its emergency procedures in light of recent

internal reorganizations. This would allow the Board to more

effectively continue service and handle payments to civilian employees

and their dependents in the event of a national emergency.

DATES: Comments must be received on or before October 18, 1999.

ADDRESSES: Comments may be submitted to the Secretary to the Board,

Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois

60611.

FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Senior Attorney,

Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois

60611, (312) 751-4513, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Part 375 of the regulations of the Board

provides for operations of the Board during emergencies. This

rulemaking would amend part 375 to refer to procedures of the Office of

Personnel Management regarding advances, evacuation payments, and

allowances for civilian employees in time of national emergency. Also,

the rulemaking would update references to offices in the Board to

reflect recent reorganizations.

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

analysis is required. There are no information collections associated

with this rule.

List of Subjects in 20 CFR Part 375

Civil defense, Railroad retirement, Railroad unemployment

insurance.

For the reasons set out in the preamble, title 20, chapter II of

the Code of Federal Regulations is proposed to be amended as follows:

PART 375--PLAN OF OPERATION DURING A NATIONAL EMERGENCY

1. The authority citation for part 375 is revised to read as

follows:

Authority: 45 U.S.C. 231f(b)(5), 362(l).

2. In Sec. 375.1, paragraph (a) is revised and a new paragraph (c)

is added to read as follows:

Sec. 375.1 Purpose.

(a) The Railroad Retirement Board has adopted a plan to provide

basic organization and methods of operation which may be needed to

continue uninterrupted service during a period of national emergency as

defined in Sec. 375.2.

* * * * *

(c) For purposes of Government-wide uniformity, the procedures of

the Board regarding payments during evacuation to employees and their

dependents shall conform to those contained in subpart D of part 550 of

the regulations of the Office of Personnel Management pertaining to

``Payments During Evacuation'' (5 CFR Part 550, Subpart D).

Sec. 375.2 [Amended]

3. Section 375.2 is amended by removing ``chairman'' and adding in

its place ``Chair'' and by adding ``or her'' after ``his'' in two

places.

4. In Sec. 375.5, revise paragraphs (a), (b) introductory text,

(b)(1) and (b)(2) to read as follows:

Sec. 375.5 Organization and functions of the Board, delegations of

authority, and lines of succession.

(a) During a national emergency, as defined in Sec. 375.2, the

respective functions and responsibilities of the Board shall be, to the

extent possible, as set forth in the U.S. Government Manual, which is

published annually by the Office of the Federal Register, and is

available on the Internet at http://www.nara.gov/fedreg/, under Other

Publications.

(b) The following delegation of authority is made to provide

continuity in the event of a national emergency:

(1) The Chair of the Board shall act with full administrative

authority for the Board.

(2) In the absence or incapacity of the Chair, the authority of the

Chair to act shall pass to the available successor highest on the

following list:

Labor Member of the Board

Management Member of the Board

Director of Administration

Director of Programs

General Counsel

Chief Information Officer

Director of Supply and Service

Regional Directors in order of length of Board service

* * * * *

Sec. 375.5 [Amended]

5. Paragraph (b)(3) of Sec. 375.5 is amended by removing

``Chairman'' and by adding in its place ``Chair'', by removing

``bureau'' and adding in its place ``office'' in three places, and by

adding ``or her'' after ``his'' in three places.

6. Paragraphs (a), (b)(1), (b)(2) introductory text and (c)(1) of

Sec. 375.6 are revised to read as follows:

Sec. 375.6 Personnel, fiscal, and service functions.

(a) Personnel. In a national emergency as defined in Sec. 375.2,

when it is no longer possible for a regional director to communicate

with the Chair or his or her successor as set forth in Sec. 375.5,

complete responsibility and authority for administration of the

personnel function are delegated to such regional director for his or

her respective geographic area.

(b) Fiscal. (1) In a national emergency, as defined in Sec. 375.2,

the Chair of the Board or his or her successor, as set forth in

Sec. 375.5, shall designate an individual to assume the

responsibilities of the Chief Financial Officer in the event that he or

she is unable to assume those responsibilities.

(2) In a national emergency, incumbents of the following positions

are hereby authorized to appoint emergency certifying officers:

Director of Administration

Director of Programs

Chief Financial Officer

Regional Directors

* * * * *

(c) Supply and service. (1) In a national emergency, as defined in

[[Page 44671]]

Sec. 375.2, complete responsibility and authority for the procurement

of needed supplies, equipment, space, communications, transportation,

and repair services, are delegated to each regional director for his or

her geographic area.

* * * * *

Sec. 375.7 [Amended]

7. Section 375.7 is amended as follows:

a. In paragraph (a)(2), by removing ``Director of Retirement

Claims'' and adding in its place ``Director of Programs''.

b. In paragraph (b)(1)(ii), by removing ``such as claim file

folders or magnetic tape master records''.

c. In paragraph (b)(1)(vi), by removing ``and in the regions'' and

``or if those offices become inoperative''.

d. In paragraph (b)(2), by removing ``Director of Unemployment and

Sickness Insurance'' and adding in its place ``Director of Programs''.

e. Paragraph (c) is removed.

8. Section 375.8 is revised to read as follows:

Sec. 375.8 Regulations for employers.

(a) In a national emergency, as described in Sec. 375.2, employers

shall continue to follow, to the greatest extent possible, the

requirements pertaining to employers in subchapters A, B, and C of this

chapter.

(b) Where a national emergency, as described in Sec. 375.2,

prevents an employer from following any requirement imposed by

paragraph (a) of this section, the employer shall comply with such

requirement as soon as possible after the cessation of the national

emergency.

(c) In a national emergency, as defined in Sec. 375.2, all

communications by employers shall be directed as set forth in

Sec. 375.4.

Dated: August 5, 1999.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 99-20912 Filed 8-16-99; 8:45 am]

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