[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Rules and Regulations]
[Page 19386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06975]
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RAILROAD RETIREMENT BOARD
20 CFR Part 327
RIN 3220--AB75
Available for Work
AGENCY: Railroad Retirement Board.
ACTION: Interim final rule.
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SUMMARY: The Railroad Retirement Board is amending the definition of
``available for work'' in its regulations in order to facilitate
payment of unemployment benefits to railroad employees who are out of
work due to the impact of the COVID-19 outbreak and subsequent
declaration of a national emergency beginning March 1, 2020.
DATES: This final rule takes effect April 3, 2020.
ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North
Rush Street, Chicago, Illinois 60611-1275.
FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant
General Counsel, Railroad Retirement Board, 844 North Rush Street,
Chicago, Illinois 60611-1275, (312) 751-4945, TTD (312) 751-4701.
SUPPLEMENTARY INFORMATION: The Railroad Retirement Board pays
unemployment benefits to unemployed railroad workers under the
provisions of the Railroad Unemployment Insurance Act (45 U.S.C. 351 et
seq.). One of the requirements for payment of a claim for unemployment
benefits is that the claimant be ``available for work.'' The Board has
defined that phrase in its regulations at Part 327. The Board is now
revising that definition in order to address the handling of claims for
railroad unemployment benefits caused by the COVID-19 pandemic.
On March 13, 2020, President Donald Trump issued a proclamation
declaring that the COVID-19 outbreak in the United States constitutes a
national emergency, beginning March 1, 2020. On March 14, 2020, the
House of Representatives passed a bill, H.R. 6201, the Families First
Coronavirus Response Act, which includes an expansion of unemployment
benefit programs administered by the states. That bill was passed by
the Senate and signed by the President on March 18, 2020. Consistent
with the President's proclamation and the expansion of state
unemployment benefits in the legislation, the Board is expanding the
definition of ``available for work'' to address the surge in
unemployment caused by the pandemic. The Board has determined that in
order to meet the needs of the railroad industry and railroad
employees, the definition of ``available for work'' must be modified in
order to facilitate the payment of unemployment benefits to railroad
employees who will be out of work because of state and local public
health orders related to the coronavirus. In light of the President's
declaration that the national emergency began March 1, 2020, the Board
is issuing this rule as a final rule. If the Board were to invite
public comment on a proposed rule, the goal of paying unemployment
benefits as quickly as possible to otherwise eligible railroad
employees could not be met. The Board thus finds for good cause that it
is impracticable to invite public comment and in the public interest
that unemployment claims of railroad employees be facilitated in this
period of national emergency. 5 U.S.C Sec. 553(b).
The Office of Management and Budget has determined that this is a
significant regulatory action under Executive Order 12866, as amended.
There are no changes to the information collections associated with
Part 327.
List of Subjects in 20 CFR Part 327
Railroad employees, Railroad unemployment.
For the reasons set out in the preamble, the Railroad Retirement
Board amends title 20, chapter II, subchapter C, part 327 of the Code
of Federal Regulations as follows:
PART 327--AVAILABLE FOR WORK
0
1. The authority citation for part 327 continues to read as follows:
Authority: 45 U.S.C. 362(i), 362(l).
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2. Amend Sec. 327.5 by adding paragraph (d) to read as follows:
Sec. 327.5 Meaning of ``available for work.''
* * * * *
(d) Deemed available for work. During the period extending from
March 1, 2020 until December 31, 2020, a claimant will be deemed to be
available for work during any period for which he or she is subject to
a state or local order related to the public health emergency declared
effective March 1, 2020 preventing him or her from reporting to work.
Dated: March 31, 2020.
By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2020-06975 Filed 4-3-20; 11:15 am]
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