Emergency regulations: Plan of operation during national emergency; procedures update,

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Federal Register: November 26, 1999 (Volume 64, Number 227)Rules and RegulationsPage 66381-66382From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr26no99-11

RAILROAD RETIREMENT BOARD

20 CFR Part 375

RIN 3220-AB36

Plan of Operation During a National Emergency

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement Board (Board) hereby amends 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.

EFFECTIVE DATE: November 26, 1999.

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 amends 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.

On August 17, 1999, the Board published this rule as a proposed rule (64 FR 44670), inviting comments on or before October 18, 1999. No comments were received.

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 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 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, and amend paragraph (b)(3) by removing ``Chairman'' and adding in its place ``Chair,'' by removing ``bureau'' wherever it appears and adding ``office'' in its place, and by adding ``or her'' after ``his'' wherever it appears:

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. * * * * *

5.-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 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

[Page 66382]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: November 18, 1999.

By Authority of the Board. Beatrice Ezerski, Secretary to the Board.

FR Doc. 99-30792Filed11-24-99; 8:45 amBILLING CODE 7905-01-P

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