[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31520]
[[Page Unknown]]
[Federal Register: December 27, 1994]
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DEPARTMENT OF AGRICULTURE
Rural Telephone Bank
Rural Utilities Service
7 CFR Parts 1600 and 1610 and Chapter XVII
Nomenclature Changes of Chapter and Part Headings and in Internal
References
AGENCY: Rural Telephone Bank and Rural Utilities Service, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Telephone Bank (RTB) and the Rural Utilities Service
(RUS) hereby amend the regulations originally published by the Rural
Electrification Administration (REA) and by the RTB. These amendments
revise nomenclature in order to implement recent legislation directing
the Secretary of Agriculture to establish the Rural Utilities Service
(RUS), with responsibility for the electric and telephone loan programs
formerly administered by REA, including loan programs of the RTB.
Nomenclature changes to regulations affecting other programs
administered by RUS, including water and waste facility loan and grant
programs and certain other programs previously administered by the
former Rural Development Administration and the former Farmers Home
Administration will be published separately. The amendments published
in this document consist solely of nomenclature changes required by law
and of amendments necessary to conform to these nomenclature changes.
The substance of the regulations is not affected by these amendments.
EFFECTIVE DATE: December 27, 1994.
FOR FURTHER INFORMATION CONTACT: Sue Arnold, Financial Analyst, Program
Support Staff, Rural Utilities Service, room 2234, South Building, U.S.
Department of Agriculture, Washington, DC 20250-1500, telephone number
202-720-0736; FAX 202-720-4120.
SUPPLEMENTARY INFORMATION:
Background
The Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178)
(Reorganization Act) signed by President Clinton on October 13, 1994,
provides for a streamlining and reorganizing of the Department of
Agriculture (Department). The Reorganization Act requires the Secretary
of Agriculture (Secretary) to establish the Rural Utilities Service
(RUS) within the Department. On October 20, 1994, the Secretary of
Agriculture (Secretary), in Secretary's Memorandum 1010-1, abolished
the Rural Electrification Administration (REA) and established RUS, as
required by the Reorganization Act.
The functions of RUS include, among other things, administration of
the electric and telephone loan programs authorized by the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.) (RE Act)
and of the water and waste facility loan and grant programs authorized
by various laws. The rights, interests, obligations, duties, and assets
of REA have been vested in and transferred to RUS.
In order to enhance the delivery of customer services, provide
continuity of service, and minimize public confusion about the
administration and functions of the newly established agency, RUS is
amending regulations originally published by REA and by the Rural
Telephone Bank (RTB) to replace references to REA and its officials
with references to RUS and to officials of the newly established
agency. A few definitions are being revised to conform with the new
nomenclature. Additional regulations implementing other aspects of the
reorganization of the Department of Agriculture will be published at a
later date.
Since this action relates solely to agency organization, procedure,
or practice, notice and comment is not required prior to publication of
this final rule. This final rule is published in accordance with the
Reorganization Act.
In order to provide continuity of references, facilitate the
orderly transfer of functions from REA to RUS, and ensure the timely
execution of RUS functions, this rule is effective immediately.
Accordingly, under the authority of the Under Secretary for Rural
Economic and Community Development, title 7 of the Code of Federal
Regulations is amended as follows:
CHAPTER XVI--RURAL TELEPHONE BANK
PARTS 1600 AND 1610--[AMENDED]
1. Parts 1600 and 1610 are amended by revising the authority
citation for each part to read as follows:
Authority: 7 U.S.C. 941 et seq.; Pub. L. 103-354, 108 Stat. 3178
(7 U.S.C. 6941 et seq.).
PART 1610--[AMENDED]
2. In part 1610, all references to ``Rural Electrification
Administration'' and ``REA'' are revised to read ``Rural Utilities
Service'' and ``RUS,'' respectively.
3. Section 1610.2 is amended by revising the definition of ``RUS''
(formerly ``REA''), and adding a new definition of ``REA'' in
alphabetical order to read as follows:
Sec. 1610.2 Definitions.
* * * * *
REA means the Rural Electrification Administration, formerly an
agency of the United States Department of Agriculture and predecessor
agency to RUS with respect to administering certain electric and
telephone loan programs.
RUS means the Rural Utilities Service, an agency of the United
States Department of Agriculture established pursuant to Section 232 of
the Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (Pub.L. 103-354, 108 Stat. 3178), successor
to REA with respect to administering certain electric and telephone
programs. See 7 CFR 1700.1.
* * * * *
PART 1700--[AMENDED]
4. Part 1700 is amended by revising the authority citation to read
as follows:
Authority: 7 U.S.C. 901 et seq.; Pub.L. 103-354, 108 Stat. 3178
(7 U.S.C. 6941 et seq.); 7 U.S.C. 1921 et seq.; 5 U.S.C. 301, 552; 7
CFR 1.1-1.16.
PART 1703--[AMENDED]
5. Part 1703 is amended by revising the authority citation to read
as follows:
Authority: 7 U.S.C. 901 et seq. and 950aaa et seq.; Pub.L. 103-
354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
PART 1710--[AMENDED]
6. Part 1710 is amended by revising the authority citation to read
as follows:
Authority: 7 U.S.C. 901-950(b); Pub.L. 99-591, 100 Stat. 3341;
Pub.L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
PART 1712--[AMENDED]
7. Part 1712 is amended by revising the authority citation to read
as follows:
Authority: 7 U.S.C. 901 et seq.; Pub. L. 103-354, 108 Stat. 3178
(7 U.S.C. 6941 et seq.).
PART 1714--[AMENDED]
8. Part 1714 is amended by revising the authority citation to read
as follows:
Authority: 7 U.S.C. 901-950(b); Pub. L. 99--591, 100 Stat. 3341;
Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
PART 1717--[AMENDED]
9. Part 1717 is amended by revising the authority citation for the
part to read as follows:
Authority: 7 U.S.C. 901-950b; Pub. L. 103-354, 108 Stat. 3178 (7
U.S.C. 6941 et seq.), unless otherwise noted.
10. Subpart N of part 1717 is amended by revising the authority
citation to read as follows:
Authority: 7 U.S.C. 901-950b; Pub. L. 103-354, 108 Stat. 3178 (7
U.S.C. 6941 et seq.); Title I, Subtitle D, sec. 1402, Omnibus Budget
Reconciliation Act of 1987, Pub. L. 100-203.
PART 1719--[AMENDED]
Part 1719 is amended by revising the authority citation to read as
follows:
Authority: 7 U.S.C. 901 et seq.; Pub. L. 103-354, 108 Stat. 3178
(7 U.S.C. 6941 et seq.).
PARTS 1721, 1724, 1726, 1728, 1735, 1737, 1739, 1744, 1746, 1751,
1753, 1755, 1767, 1770, 1773, 1788--[AMENDED]
12. Parts 1721, 1724, 1726, 1728, 1735, 1737, 1739, 1744, 1746,
1751, 1753, 1755, 1767, 1770, 1773, and 1788, are amended by revising
the authority citation for each part to read as follows:
Authority: 7 U.S.C. 901 et seq.; 7 U.S.C. 1921 et seq.; Pub. L.
103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
PART 1785--[AMENDED]
13. Part 1785 is amended by revising the authority citation to read
as follows:
Authority: 7 U.S.C. 901 et seq.; Title I, Subtitle D, sec. 1403,
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203; Pub. L.
103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
PART 1786--[AMENDED]
14. Part 1786 is amended by revising the authority citation for the
part to read as follows:
Authority: 7 U.S.C. 901-950b; Title I, subtitle B, Pub. L. 99-
509; Pub. L. 101-624, 104 Stat. 4051; Pub. L. 103-354, 108 Stat.
3178 (7 U.S.C. 6941 et seq.), unless otherwise noted.
15. Subpart B of part 1786 is amended by revising the authority
citation to read as follows:
Authority: 7 U.S.C. 901-950b; Title I, Subtitle B, Pub. L. 99-
509; Title I, Pub. L. 100-202: Pub. L. 100-203; Title VI, Pub. L.
100-460; Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
16. Subpart C of part 1786 is amended by revising the authority
citation to read as follows:
Authority: 7 U.S.C. 901-950b; Title I, Subtitle B, Pub. L. 99-
509; Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.).
17. Subpart D of part 1786 is amended by revising the authority
citation to read as follows:
Authority: 7 U.S.C. 901-950b; Pub. L. 99-591, Pub. L. 103-354,
108 Stat. 3178 (7 U.S.C. 6941 et seq.).
18. Subpart F of part 1786 is amended by revising the authority
citation to read as follows:
Authority: 7 U.S.C. 901 et seq.; Pub. L. 103-354, 108 Stat. 3178
(7 U.S.C. 6941 et seq.).
19. Subpart G of part 1786 is amended by revising the authority
citation to read as follows:
Authority: 7 U.S.C. 901 et seq.; Pub. L. 103-354, 108 Stat. 3178
(7 U.S.C. 6941 et seq.); sec. 1201(b) of subtitle B of title 1 of
Pub. L. 103-66, 107 Stat. 312.
PART 1792--[AMENDED]
20. Part 1792 is amended by revising the authority citation to read
as follows:
Authority: 7 U.S.C. 901 et seq.; 42 U.S.C. 7701 et seq.; Pub .L.
103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq.); E.O. 12699 (3 CFR,
1990 Comp., p. 269).
PART 1794--[AMENDED]
21. Part 1794 is amended by revising the authority citation to read
as follows:
Authority: National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321 et seq.); Pub. L. 103-354, 108 stat. 3178 (7 U.S.C. 6941
et seq.); Council on Environmental Quality Regulations for
Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-
1508); Executive Order (EO) 11988, Floodplain Management; and EO
11990, Protection of Wetlands.
22. The heading of 7 CFR Chapter XVII is revised to read as
follows:
CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
23. In 7 CFR Chapter XVII all references to ``Rural Electrification
Administration,'' ``REA,'' and ``Small Community and Rural
Development'' are revised to read ``Rural Utilities Service,'' ``RUS,''
and ``Rural Economic and Community Development,'' respectively.
PART 1700--[AMENDED]
24. Section 1700.1 is revised to read as follows:
Sec. 1700.1 General.
(a) The Rural Electrification Administration (REA) was established
by Executive Order No. 7037, signed by the President on May 11, 1935.
Statutory authority was provided by the Rural Electrification Act of
1936 (RE Act) (49 Stat. 1363; 7 U.S.C. 901). The RE Act established REA
as a lending agency with responsibility for developing a program for
rural electrification.
(b) On October 28, 1949, an amendment to the RE Act authorized REA
to make loans to improve and extend telephone service in rural areas.
The Rural Telephone Bank (RTB or the Bank), an Agency of the United
States, was established by another amendment to the RE Act, approved
May 7, 1971. The Administrator of RUS serves as the Bank's chief
executive with the title of Governor. On May 11, 1973, the RE Act was
further amended to establish a revolving fund and to provide authority
for REA to guarantee loans made by other legally organized lenders. The
RE Act was amended further on December 21, 1987, to establish a Rural
Economic Development Subaccount, and to authorize funds from this
subaccount to provide zero-interest loans and grants to REA borrowers
to promote rural economic development and job creation. The RE Act was
also amended on November 5, 1990, to add a new section 314, which
authorized REA to guarantee 90 percent of the principal and interest of
loans made for electric and telephone facilities by legally organized
lenders. It was further amended on November 28, 1990, to establish an
Assistant Administrator for Economic Development and a rural
development technical assistance unit; to expand the authorities and
responsibilities of REA in rural economic development; and to establish
a Rural Business Incubator Fund for making grants and reduced interest
loans to electric and telephone borrowers to promote business incubator
projects. At the same time, the Administrator was also granted
authority for financial assistance for distance learning and medical
link programs.
(c) The Secretary of Agriculture (Secretary) was required to
establish the Rural Utilities Service (RUS) pursuant to section 232 of
the Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994, (Pub. L. 103-354, 108 Stat. 3178)
(Reorganization Act). The Reorganization Act established RUS as
successor to REA. On October 20, 1994, the Secretary abolished REA and
established RUS. RUS was assigned responsibility for administering
electric and telephone loan programs previously administered by REA,
water and waste facility loans and grants previously administered by
the Rural Development Administration, along with other functions as the
Secretary determines appropriate. The rights, interests, obligations,
duties, and contracts previously vested in REA are transferred to and
vested in RUS. The Secretary designated the Administrator of RUS to
serve as the Governor of RTB.
(d) The offices of RUS are located in the South Building of the
United States Department of Agriculture at 14th and Independence
Avenue, SW., Washington, DC 20250-1500. The Electric and Telephone
Programs are administered by regional offices located at this same
address. There is a Northern and a Southern Regional Office, along with
a Power Supply Division, for the electric program, and an Eastern and a
Western Regional Office for the telephone program. (See Sec. 1700.4(b)
and Sec. 1700.5(b).)
Sec. 1703.12, 1703.102, 1703.302, 1710.2, 1717.302, 1717.352, 1744.201,
1767.10, 1773.3, 1786.27, 1786.77, 1786.96, 1786.201,
1792.102 [Amended]
25. Sections 1703.12, 1703.102, 1703.302, 1710.2, 1717.302,
1717.352, 1744.201, 1767.10, 1773.3, 1786.27, 1786.77, 1786.96,
1786.201, and 1792.102 are amended by revising, in each section, the
definition for ``RUS'' (formerly ``REA''), placing all definitions in
alphabetical order, and adding a new definition for ``REA'' in
alphabetical order to read as follows:
* * * * *
REA means the Rural Electrification Administration formerly an
agency of the United States Department of Agriculture and predecessor
agency to RUS with respect to administering certain electric and
telephone loan programs.
* * * * *
RUS means the Rural Utilities Service, an agency of the United
States Department of Agriculture established pursuant to Section 232 of
the Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178), successor
to REA with respect to administering certain electric and telephone
programs. See 7 CFR 1700.1.
* * * * *
26. Section 1710.3 is revised to read as follows:
Sec. 1710.3 Form and bulletin revisions.
References in this part to RUS or REA forms or line numbers in RUS
or REA forms are based on RUS or REA Form 7 and Form 12 dated December
1992, unless otherwise indicated. These references will apply to
corresponding information in future versions of the forms. The terms
``RUS form'', ``RUS standard form'', ``RUS specification'', and ``RUS
bulletin'' have the same meanings as the terms ``REA form'', ``REA
standard form'', ``REA specification'', and ``REA bulletin'',
respectively, unless otherwise indicated.
Secs. 1726.300, 1755.93, 1755.97, 1755.98 [Amended]
27. Sections 1726.300, 1755.93, 1755.97, and 1755.98 are amended by
adding a sentence at the end of the introductory paragraph of each to
read as follows:
* * * The terms ``RUS form'', ``RUS standard form'', ``RUS
specification'', and ``RUS bulletin'' have the same meanings as the
terms ``REA form'', ``REA standard form'', ``REA specification'', and
``REA bulletin'', respectively, unless otherwise indicated.
* * * * *
Sec. 1728.97 [Amended]
28. Section 1728.97 is amended by adding a sentence at the end of
paragraph (a) to read as follows:
Sec. 1728.97 Incorporation by reference of electric standards and
specifications.
(a) * * * The terms ``RUS form'', ``RUS standard form'', ``RUS
specification'', and ``RUS bulletin'' have the same meanings as the
terms ``REA form'', ``REA standard form'', ``REA specification'', and
``REA bulletin'', respectively unless otherwise indicated.
* * * * *
Secs. 1735.3, 1737.3 [Amended]
29. Sections 1735.3, 1737.3 are amended by adding a sentence at the
end of each to read as follows:
* * * The terms ``RUS form'', ``RUS standard form'', and ``RUS
specification'' have the same meanings as the terms ``REA form'' ``REA
standard form'', and ``REA specification'', respectively, unless
otherwise indicated.
Sec. 1786.51 [Amended]
30. Section 1786.51 is amended by removing the paragraph
designations, revising the definition ``RUS'' (formerly ``REA'') and
adding a new definition of ``REA'' in alphabetical order to read as
follows:
* * * * *
REA means the Rural Electrification Administration formerly an
agency of the United States Department of Agriculture and predecessor
agency to RUS with respect to administering certain electric and
telephone loan programs.
RUS means the Rural Utilities Service, an agency of the Unites
States Department of Agriculture, established pursuant to Section 232
of the Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178), successor
to REA with respect to administering certain electric and telephone
programs. See 7 CFR 1700.1.
* * * * *
Dated: December 18, 1994.
Bob J. Nash,
Under Secretary, Rural Economic and Community Development.
[FR Doc. 94-31520 Filed 12-23-94; 8:45 am]
BILLING CODE 3410-15-P