[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Rules and Regulations]
[Pages 26427-26429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11467]
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RAILROAD RETIREMENT BOARD
20 CFR Part 375
RIN 3220-ZA01
Plan of Operation During a National Emergency; Delegations of
Authority and Lines of Succession
AGENCY: Railroad Retirement Board.
ACTION: Final rule.
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SUMMARY: The Railroad Retirement Board (RRB) amends its regulations to
update delegations of authority to act in the event of a national
emergency and remove references to obsolete and disestablished titles.
DATES: This rule is effective July 23, 2025.
FOR FURTHER INFORMATION CONTACT: Peter J. Orlowicz, Senior Counsel,
Railroad Retirement Board, (312) 751-4922, [email protected].
SUPPLEMENTARY INFORMATION: The RRB is amending its regulations
governing the RRB's plan of operation during a national emergency,
including delegations of authority and lines of succession. Because the
plan of operation expressly delegates the full administrative power of
the Board to a single Board Member or employee in the line of
succession, the Board is updating the statutory citation to include
specific reference to section 7(b)(3) of the Railroad Retirement Act
(45 U.S.C. 231f(b)(3)) and section 12(m) of the Railroad Unemployment
Insurance Act (45 U.S.C. 362(m)), which expressly permit the Board to
delegate any of its powers (other than the power to prescribe rules and
regulations) to a specific officer or employee of the Board.
As currently defined by 20 CFR 375.2, a ``national emergency''
occurs only after an attack on the United States or at a time specified
by the authority of the President of the United States after such an
attack, and by order of the Chair of the Board or his or her successor
as set forth in part 375, or when it is no longer possible to
communicate with the Chair or successor at his or her designated duty
station. We are revising this definition to include all presidentially-
declared national emergencies under any legal authority, but we are
maintaining the requirement that the Chair of the Board or his or her
successor issue an order or be unable to communicate with other agency
officials to activate the provisions of part 375.
20 CFR 375.3 is being revised to eliminate some archaic word usage
and make the policy easier to understand. No substantive change is
intended by the revisions to this section.
20 CFR 375.4 currently provides that in a national emergency, all
mail shall be directed to RRB offices at their normal locations. This
instruction is unnecessary and restricts the Board's flexibility to
react appropriately to future national emergencies. Since this section
was inserted in 1975, the RRB's business processes have increasingly
shifted to electronic processes, including email and online reporting
systems. Additionally, in some emergency circumstances it may be
necessary to redirect mail, telephone, or electronic communications to
alternate sites. Therefore, we are removing and reserving this section.
We are also removing 20 CFR 375.8(c) as a cross-reference to this
section.
In 20 CFR 375.5, the Board delegates authority to provide
continuity for Board operations in the event of a national emergency
and provides the line of succession should Board officials with
delegated authority be incapacitated or otherwise unavailable during a
national emergency. We are revising this section to remove obsolete
titles and update the list of succession in the event of a national
emergency when a quorum of the full Board is unavailable to exercise
its powers under section 7(b)(3) of the Railroad Retirement Act, to
coordinate with the RRB's most recent revision of its Continuity of
Operations Plan.
In 20 CFR 375.6, we are revising our delegation of personnel,
fiscal, and procurement functions in a national emergency to coordinate
with the RRB's most recent revision of its Continuity of Operations
Plan. Specifically, we are removing a previous delegation of personnel
functions to a position that is no longer in use and removing a
provision regarding designation of the chain of succession for the
Chief Financial Officer because the Continuity of Operations Plan
contains a separate designation process. We are also updating the list
of officials who may appoint emergency certifying officers and exercise
emergency procurement powers and revising the delegation of procurement
authorities to ensure consistency with the requirements in Part 18 of
the Federal Acquisition Regulation governing emergency acquisitions.
Finally, 20 CFR 375.7 contains certain benefit flexibilities that
are triggered during a national emergency as defined in this part. We
are not making any substantive changes to these benefit flexibilities
but are merely updating and replacing obsolete position titles and
clarifying the internal delegation of duties required to implement
these benefit flexibilities.
This final rule is being issued without prior public notice or
opportunity for public comments because the rule is limited to agency
organization, management, or personnel matters. As a result, a public
comment period is not required.
Regulatory Analysis
Executive Order 12866, as Supplemented by Executive Order 13563
Because this rule is limited to agency organization, management, or
personnel matters, it is not a rule or regulation subject to review by
the Office of Management and Budget under Executive Order 12866, as
supplemented by Executive Order 13563. Therefore, no regulatory impact
analysis is required.
Regulatory Flexibility Act
Because this rule is limited to agency organization, management, or
personnel matters and does not require notice and comment procedures,
the Regulatory Flexibility Act does not apply, and no certification is
required.
Paperwork Reduction Act
This direct final rule imposes no reporting or recordkeeping
requirements subject to Office of Management and Budget clearance.
List of Subjects in 20 CFR Part 375
Civil defense, Railroad retirement, Railroad unemployment
insurance.
For the reasons set out in the preamble, the Railroad Retirement
Board amends 20 CFR part 375 as follows:
PART 375--PLAN OF OPERATION DURING A NATIONAL EMERGENCY
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1. The authority citation for part 375 is revised to read as follows:
[[Page 26428]]
Authority: 45 U.S.C. 231f(b)(3), (5), 362(l), (m).
Sec. 375.1 [Amended]
0
2. Amend Sec. 375.1 by, removing in paragraph (a) the word ``which''
and add in its place the word ``that''.
0
3. Revise Sec. 375.2 to read as follows:
Sec. 375.2 National emergency and effective date.
A period of national emergency shall be deemed to exist, and the
provisions of this part shall become effective, only:
(a) After a declaration of national emergency issued under the
authority of the President pursuant to the National Emergencies Act,
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or
any other presidential emergency authority; and
(b) By order of the Chair of the Board or his or her successor as
set forth in Sec. 375.5, or when it is no longer possible to
communicate with such official at his or her designated station.
0
4. Revise Sec. 375.3 to read as follows:
Sec. 375.3 Policy.
To the greatest extent possible, the Board shall pay benefits and
carry out employment service functions through the period of a national
emergency in strict conformance with the pertinent provisions of the
Railroad Retirement Act, the Railroad Unemployment Insurance Act, and
the regulations promulgated by the Board in this chapter to administer
those acts. When the character of the national emergency prevents this,
the stand-by regulations contained in this part shall apply. The Board
shall return to normal operating practices as quickly as possible,
including during the period of the national emergency.
Sec. 375.4 [Removed and Reserved]
0
5. Remove and reserve Sec. 375.4.
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6. Revise Sec. 375.5 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.
(b) The following delegation of authority is made to provide
continuity in the event of a national emergency when a quorum of the
full Board is unavailable to exercise its powers under section 7(b)(3)
of the Railroad Retirement Act.
(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:
(i) Labor Member of the Board.
(ii) Management Member of the Board.
(iii) Chair of the Executive Committee.
(iv) Continuity of Operations Plan Executive.
(v) Director of Administration.
(vi) Director of Programs.
(vii) Director of Field Service.
(viii) Chief Financial Officer.
(ix) General Counsel.
(x) Chief Information Officer.
(xi) Chief Actuary.
(3) Except as may be determined otherwise by the Chair of the Board
or his or her successor and as provided in Sec. Sec. 375.6 and 375.7,
the duties of each bureau or office head shall be discharged in his or
her absence or incapacity during a national emergency by the available
staff member next in line of succession. Each bureau or office head
shall designate and prearrange the line of succession within his or her
office. If no such designation has been made, such duties shall be
assumed by the available subordinate who is highest in grade or, if
there is more than one, in length of Board service.
(4) Emergency responsibility and authority under this section, once
assumed, shall be relinquished on direction of the duly constituted
higher authority acting under the provisions of paragraphs (b)(1) and
(2) of this section.
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7. Amend Sec. 375.6 by:
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a. Revising the section heading and paragraph (a);
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b. Removing paragraph (b);
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c. Redesignating paragraph (c) as paragraph (b); and
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d. Revising the heading for newly redesignated paragraph (b) and
paragraphs (b)(1) and (4).
The revisions read as follows:
Sec. 375.6 Fiscal and procurement functions.
(a) Fiscal. (1) In a national emergency, incumbents of the
following positions are hereby authorized to appoint emergency
certifying officers:
(i) Director of Administration.
(ii) Director of Programs.
(iii) Director of Field Service.
(iv) Chief Financial Officer.
(2) The emergency certifying officers shall be empowered to
certify:
(i) Benefit payments under the Railroad Retirement Act;
(ii) Benefit payments under the Railroad Unemployment Insurance
Act;
(iii) Payments made on behalf of qualified railroad retirement
beneficiaries for hospital insurance benefits under section 226 and
Parts A and C of Title XVIII of the Social Security Act; and
(iv) Administrative expenses of the Railroad Retirement Board.
(3) Emergency certifying officers shall be appointed under the
authority delegated by this section when:
(i) Normal channels for certifying payments have been rendered
inoperable; and
(ii) Clearance has been obtained from the ranking official in line
of succession as set forth in Sec. 375.5(b)(1) and (2) and under such
instructions and conditions as he or she may prescribe.
(b) Procurement. (1) In a national emergency, as defined in Sec.
375.2, the RRB shall maximize use of acquisition flexibilities for
emergency acquisitions as allowed by the Federal Acquisition Regulation
at 48 CFR part 18.
* * * * *
(4) As soon after the period of national emergency as conditions
permit, the records required by paragraph (b)(3) of this section shall
be transmitted to the Senior Procurement Executive or his or her
surviving successor.
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8. Amend Sec. 375.7 by revising paragraphs (a)(1) and (2),
(b)(1)(iii), and (b)(2) to read as follows:
Sec. 375.7 Operating regulations.
(a) * * *
(1) In a national emergency as defined in Sec. 375.2, applications
for and development and certification of claims for retirement,
disability, and survivor benefits shall be to the extent possible as
set forth in subchapter B of this chapter, except that:
(i) Standards of evidence may be relaxed, although legal
requirements for entitlement to payments shall remain unchanged;
(ii) In determining relationships, employment, birth, death, etc.,
consideration shall be given to the information possessed by the
applicants and beneficiaries or the Board office adjudicating a claim;
(iii) If prescribed forms are not available, any writing that
contains substantially the necessary information shall be acceptable;
and
(iv) In a national emergency when the headquarters office is
inoperable, the development and certification of claims shall be
assumed by the district offices.
(2) To provide the necessary authority for a decentralized program
as outlined in paragraph (a)(1) of this section, those authorities
related to claims processing and certification which have been
delegated to the Director of Programs or
[[Page 26429]]
Director of Field Service are hereby delegated to the network managers
or their surviving successors.
(b) * * *
(1) * * *
(iii) In developing sickness benefit claims where medical evidence
in the form of a doctor's statement is not available, an affidavit from
the claimant or other person having knowledge of the claimant's
sickness or injury shall be acceptable.
* * * * *
(2) To provide the necessary authority for a decentralized program
as outlined in paragraph (b)(1) of this section, those authorities
related to claims processing and certification which have been
delegated to the Director of Programs or Director of Field Service are
hereby delegated to the network managers or their surviving successors.
Sec. 375.8 [Amended]
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9. Amend Sec. 375.8 by removing paragraph (c).
Dated: June 18, 2025.
By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2025-11467 Filed 6-20-25; 8:45 am]
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