[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Proposed Rules]
[Pages 44670-44671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20912]


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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]
BILLING CODE 7905-01-P