[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Rules and Regulations]
[Pages 8435-8436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1483]



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  Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / 
Rules and Regulations  

[[Page 8435]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1700


Revision of Delegation of Authority

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

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SUMMARY: The Rural Utilities Service (RUS), an agency delivering the 
U.S. Department of Agriculture's Rural Development Utilities Programs, 
is amending its regulations to revise the delegation of authority to 
update key positions and room and phone numbers in the organization and 
to clarify authority to serve as the Acting Administrator, including in 
emergency situations where the Continuity of Operations Plan is 
enacted.

DATES: February 17, 2006.

SUPPLEMENTARY INFORMATION: Continuity of Operations (COOP) is a policy 
of the United States Government to have in place a comprehensive and 
effective program to ensure continuity of essential functions under all 
circumstances. United States Department of Agriculture DR 1800-1 
``Departmental Emergency Programs Responsibilities'' requires RUS to 
maintain a viable COOP plan at a high level of readiness.
    In developing its COOP plan, RUS has determined it is appropriate 
to update its existing descriptions of key positions at RUS and related 
delegations of authority. The RUS organizational description has been 
revised to include one Deputy Administrator and one Chief of Staff 
position. This final rule also specifies that the Deputy Administrator 
is ``first assistant'' for purposes of the Federal Vacancies Reform Act 
of 1998 (5 U.S.C. 3345-3349d) and updates several agency room and phone 
numbers that have changed recently.
    This final rule relates to agency management. Therefore, pursuant 
to 5 U.S.C. 553(b), notice of proposed rule making and opportunity for 
comment are not required, and this rule is made effective on the date 
of publication in the Federal Register. Further, since this relates to 
internal agency management, it is exempt from the provisions of 
Executive Orders Nos. 12866 and 12988. In addition, this action is not 
a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) and, thus is exempt from the provisions of the Act.

List of Subjects in 7 CFR Part 1700

    Electric power; Freedom of information; Loan programs--
communications; Loan programs--energy; Organization and functions 
(Government agencies); Rural areas; Telephone.


0
For reasons set forth in the preamble, chapter XVII of title 7 of the 
Code of Federal Regulations is amended to read as follows:

PART 1700--GENERAL INFORMATION

0
1. The authority citation for this part continues to read as follows:

    Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901 et seq., 1921 et 
seq., 6941 et seq.; 7 CFR 2.7.

Subpart A--General

0
2. Section 1700.2 is amended by revising paragraphs (b) and (c) to read 
as follows:


Sec.  1700.2  Availability of information.

* * * * *
    (b) Information about RUS is available for public inspection and 
copying as required by the Freedom of Information Act, 5 U.S.C. 552 et 
seq. Information about availability and costs of agency publications 
and other agency materials is available from the Director, Program 
Development and Regulatory Analysis, Rural Utilities Service, United 
States Department of Agriculture, Room 5159-S, 1400 Independence 
Avenue, SW., STOP 1530, Washington, DC 20250-1530. Phone 202-720-9450. 
FAX 202-720-8435.
    (c) RUS issues indexes of publications in conformance with the 
Freedom of Information Act and Department of Agriculture regulations at 
7 CFR part 1. Many RUS documents, including regulations and delegations 
of authority for headquarters and field staff are available on the 
world wide web at http://www.usda.gov/rus.

0
3. Section 1700.3 is revised to read as follows:


Sec.  1700.3  Requests under the Freedom of Information Act.

    Department of Agriculture procedures for requests for records under 
the Freedom of Information Act are found at 7 CFR part 1. Requests must 
be in writing and may be submitted in person or by mail to United 
States Department of Agriculture, Rural Utilities Service, Room 5159-S, 
1400 Independence Avenue, SW., STOP 1530, Washington, DC 20250-1530; or 
by FAX to 202-401-1977. As set forth in 7 CFR 1.16, fees may be charged 
for processing of requests for records. An appeal of the agency 
determination concerning the request for official records shall be made 
in writing to the Administrator, Rural Utilities Service, United States 
Department of Agriculture, Room 5135-S, 1400 Independence Avenue, SW., 
STOP 1510, Washington, DC 20250-1510.

0
4. Section 1700.4 is revised to read as follows:


Sec.  1700.4  Public comments on proposed rules.

    RUS requires that all persons submitting comments to a proposed 
rule or other document published by the agency in the Federal Register, 
submit comments as specified in the published notice. Copies of 
comments submitted are available to the public in conformance with 7 
CFR part 1.

Subpart B--Agency Organization and Functions

0
5. Revise Sec.  1700.26 to read as follows:


Sec.  1700.26  Deputy Administrator.

    The Deputy Administrator aids and assists the Administrator. The 
Deputy Administrator provides overall policy direction to all RUS 
programs. The Deputy Administrator reviews agency policies and, as 
necessary, implements changes and participates with the Administrator 
and other officials in planning and formulating the programs and 
activities of the agency, including the making and servicing of loans 
and grants. The Deputy Administrator is ``first assistant'' for 
purposes of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345-
3349d).

[[Page 8436]]

Sec. Sec.  1700.27-1700.33  [Redesignated as Sec.  1700.28-1700.34]

0
6. Redesignate Sec. Sec.  1700.27 through 1700.33 as Sec. Sec.  1700.28 
through 1700.34, respectively.

0
7. Add a new Sec.  1700.27 to read as follows:


Sec.  1700.27  Chief of Staff.

    The Chief of Staff aids and assists the Administrator and the 
Deputy Administrator. The Chief of Staff advises the Administrator 
regarding policy initiatives and operational issues and assists the 
Administrator and the Deputy Administrator in developing and planning 
agency program initiatives. The Chief of Staff is responsible for 
implementation of overall policy initiatives and provides direction to 
all RUS programs.

Subpart C--Loan and Grant Approval Authorities

0
8. Revise Sec.  1700.53 to read as follows:


Sec.  1700.53  Persons serving as Acting Administrator.

    In accordance with procedures established in the RUS Continuity of 
Operations (COOP) plan, the following officials, in the order indicated 
below, shall act in the office of Rural Utilities Service Administrator 
in case of the Administrator's absence, or inability to act, until the 
absence or inability ceases.
    (a) The Deputy Administrator is ``first assistant'' for purposes of 
the Federal Vacancies Reform Act of 1998 (5 U.S.C. Sec.  3345-3349d) 
and shall, in the absence or disability of the Administrator, or in the 
event of a vacancy in the office of Administrator, serve as Acting 
Administrator, subject to the limitations established by law.
    (b) In the event of the absence or disability of both the 
Administrator and the Deputy Administrator, or in the event of a 
vacancy in both the office of the Administrator and the Deputy 
Administrator, the official incumbents of the following positions 
shall, in the sequence shown, temporarily perform all of the functions 
and duties of the Administrator, except to the extent that such 
functions and duties may not be delegated by law.
    (1) Chief of Staff.
    (2) Assistant Administrator, Electric Program.
    (3) Assistant Administrator, Water and Environmental Programs.
    (4) Assistant Administrator, Telecommunications Programs.
    (5) Assistant Administrator, Program Accounting and Regulatory 
Analysis.
    (6) Community Programs Director of the Rural Development Kentucky 
State Office.
    (c) Eligibility for succession to the position of RUS Administrator 
shall be limited to officially assigned incumbents of positions listed 
in paragraph (b) of this section. Only officials specifically 
designated in the approved order of succession are eligible. Persons 
appointed on acting basis, or on some other temporary basis, are 
ineligible by virtue of so serving to serve as a successor. Therefore 
the order of succession would fall to the next designated official in 
the approved order of succession. The eligibility of the incumbent of 
paragraph (b)(6) of this section to serve as a successor is also 
limited to periods of national emergency declared by the President or 
during the activation of the RUS COOP plan.
    (d) In the event of the absence or disability of the Administrator, 
or in the event that the Administrator's position is vacant, the Deputy 
Rural Utilities Service Administrator is the only RUS official 
authorized to serve as Acting Administrator. When serving as Acting 
Administrator, the Deputy Administrator is authorized to perform all of 
the functions and duties of the office of the Administrator, including 
those functions and duties that are required by statute or regulation 
to be performed exclusively by the Administrator. In the event of the 
absence or disability of both Administrator and the Deputy 
Administrator, or in the event that both the office of Administrator 
and Deputy Administrator are vacant, the officials in the order of 
succession indicated in paragraph (b) of this section shall perform all 
the functions and duties of the Administrator but may not serve as 
Acting Administrator.
    (e) The Administrator retains the discretion to depart from the 
order in paragraph b for occasions where deviation from automatic 
succession is desired by the Administrator. Such temporary designations 
shall be in writing. Notwithstanding the provisions of this section 
1710.53 not contained in this paragraph (e), the Administrator may 
delegate full or limited authority to perform the functions and duties 
of the office of Administrator except to the extent that such functions 
and duties may not be delegated by law.
    (f) The Administrator may terminate the delegations under this 
section 1700.53, in whole or in part, at any time. Unless terminated by 
the Administrator, written delegations under paragraph (e) of this 
section expire in accordance with their terms. Individuals acting as 
successors under paragraph (b) of this section will be relieved of such 
authority as soon as an incumbent in a position listed higher on the 
order of succession is available, able, and assumes the functions and 
duties of the Administrator, or when an official with requisite 
authority designates a permanent or acting Administrator.
    (g) Individuals exercising authority under this Sec.  1700.53 shall 
keep a record of important actions taken and the period during which 
the authority is exercised.
    (h) The authority to perform functions and duties pursuant to this 
Sec.  1700.53 can not be redelegated by an incumbent of a position 
listed in paragraph (b) of this section.

    Dated: February 10, 2006.
Thomas C. Dorr,
Under Secretary, Rural Development.
[FR Doc. 06-1483 Filed 2-16-06; 8:45 am]
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