General Information; Delegation of Authority

DEPARTMENT OF AGRICULTURE

Rural Electrification Administration

7 CFR Part 1700

General Information; Delegation of Authority

AGENCY: Rural Electrification Administration, USDA.

ACTION: Final rule.

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SUMMARY: The Rural Electrification Administration (REA) hereby amends

its Delegation of Authority to add the authority to the Regional and

Power Supply Directors to cancel or endorse due to payment on

borrowers' notes which have been paid in full in connection with a

discounted prepayment made under the REA electric program. These

delegations and other minor technical corrections are being made to

clarify the delegations of authority and further delegate authority

downward.

EFFECTIVE DATE: This rule is effective September 12, 1994.

FOR FURTHER INFORMATION CONTACT: F. Lamont Heppe, Jr., Program Support

Staff, Rural Electrification Administration, Room 2234-S, U.S.

Department of Agriculture, 14th and Independence Avenue, SW.,

Washington, DC 20250-1500, Telephone: (202) 720-0736.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to be not significant for

purposes of Executive Order 12866 and therefore has not been reviewed

by OMB.

Regulatory Flexibility Act Certification

The Administrator of REA has determined that this final rule will

not have a significant economic impact on a substantial number of small

entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et

seq.).

National Environmental Policy Act Certification

The Administrator of REA has determined that this final rule will

not significantly affect the quality of the human environment as

defined by the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.). Therefore, this action does not require an environmental

impact statement or assessment.

Catalog of Federal Domestic Assistance

The programs described by this final rule are listed in the 1991

Catalog of Federal Domestic Assistance Programs under No. 10.850, Rural

Electrification Loans and Loan Guarantees; No. 10.851, Rural Telephone

Loans and Loan Guarantees; No. 10.852, Rural Telephone Bank Loans; and

No. 10.854, Rural Economic Development Loans and Grants. This catalog

is available on a subscription basis from the Superintendent of

Documents, the United States Government Printing Office, Washington, DC

20402.

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Will not preempt any State or local

laws, regulations, or policies, unless they present an irreconcilable

conflict with this rule; (2) will not have any retroactive effect; and

(3) will not require administrative proceedings before parties may file

suit challenging the provisions of this rule.

Executive Order 12372

This final rule is excluded from the scope of Executive Order

12372, Intergovernmental Consultant. A Notice of Final rule entitled

Department Programs and Activities Excluded from Executive Order 12372

(50 FR 47034) exempts REA electric loans and loan guarantees from

coverage under this Order.

Information Collection and Recordkeeping Requirements

This final rule contains no information collection or recordkeeping

provisions requiring the Office of Management and Budget approval under

the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

This final rule revises and reflects the current organizational

structure of REA and methods of by which its functions are channeled.

Accordingly, since this action is a ``* * * rule of the agency

organization, procedure, or practice * * *'' this rule is being issued

as a final rule without providing the public with an opportunity to

comment.

List of Subjects in 7 CFR Part 1700

Electric power, Freedom of information, Loan programs--

communication, Loan programs--energy, Organization and functions

(Government agencies), Rural areas, Telephone.

For the reasons set out in the preamble, REA hereby amends 7 CFR

chapter XVII as follows:

PART 1700--GENERAL INFORMATION

1. The authority citation for 7 CFR part 1700 continues to read as

follows:

Authority: 7 U.S.C. 901 et seq.; Delegation of Authority by the

Secretary of Agriculture, 7 CFR 2.23; Delegation of Authority by the

Under Secretary of Agriculture for Small Community and Rural

Development, 7 CFR 2.72; 7 U.S.C. 1921 et seq.; 5 U.S.C. 301, 552; 7

CFR 1.1-1.16.

Subpart D--Delegations of Authority; General

2. The second sentence of Sec. 1700.41 is revised to read as

follows:

Sec. 1700.41 Presons serving in acting capactities.

* * * If an incumbent of a position to whom delegations are made in

subparts D through L of this part is absent or is unable to carry out

such delegations, the person designated authority to act for the

incumbent shall exercise the authority conferred by such delegations. *

* *

Subpart E--Delegations of Authority; Agency Issuances and Certain

Correspondence

Sec. 1700.73 [Amended]

3. In Sec. 1700.73, remove paragraph (c)(3), and redesignate

paragraph (c)(4) as paragraph (c)(3).

Subpart I--Delegations of Authority; Electric Program

4. Section 1700.124 is amended by adding paragraph (b)(10) to read

as follows:

Sec. 1700.124 Regional Directors.

* * * * *

(b) * * *

(10) Cancellation or endorsement due to payment on borrowers' notes

which have been paid in full in connection with a prepayment made under

the provisions of 7 CFR part 1786, subpart F.

* * * * *

5. Section 1700.127 is amended by adding paragraph (b)(10) to read

as follows:

Sec. 1700.127 Director--Power Supply Division.

* * * * *

(b) * * *

(10) Cancellation or endorsement due to payment on borrower's notes

which have been paid in full in connection with a prepayment made under

the provisions of 7 CFR part 1786, subpart F.

* * * * *

Subpart J--Delegations of Authority; Telephone Program

6. Section 1700.145 is amended by removing paragraph (d)(12), and

redesignating paragraphs (d)(13), (d)(14), and (d)(15) as paragraphs

(d)(12), (d)(13), and (d)(14), and by adding a new paragraph (c)(8) to

read as follows:

Sec. 1700.145 Regional Directors.

* * * * *

(c) * * *

(8) Complete releases of lien and satisfaction when a borrower has

paid in full its indebtedness.

* * * * *

Sec. 1700.146 [Amended]

7. Section 1700.146(c) is amended by removing from the text the

term ``Sec. 1700.148'' and adding in its place ``Sec. 1700.148 (a) and

(b)''.

8. Section 1700.147(c) is amended by removing from the text the

term ``Sec. 1700.148'' and adding in its place ``Sec. 1700.148(c)'', by

revising paragraph (b)(5), by removing the term ``and'' from the end of

paragraph (b)(6), by removing the period from the end of paragraph

(b)(7) and by adding a semicolon in its place and adding the term

``and'' after the semicolon, and by adding a new paragraph (b)(8) to

read as follows:

Sec. 1700.147 Chiefs, Regional Operations Branches--Telephone.

* * * * *

(b) * * *

(5) Borrowers' lease agreements;

* * * * *

(8) Management and operating agreements. When the borrowers

involved are in more than one region, both chiefs must approve.

* * * * *

Dated: September 1, 1994.

Bob J. Nash,

Under Secretary, Small Community and Rural Development.

[FR Doc. 94-22317 Filed 9-9-94; 8:45 am]

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