Federal R egister / Vol. 48, No. 82 / W ednesday, April 27, 1983 / Rules and Regulations 19019

Farmers Home Administration

7 CFR Part 1955

Purchasing of Services for Program

Property

a g e n c y: Farmers Home Administration, 

USDA.

ACTION: Final rule.

s u m m a r y: The Farmers Home 

Administration (FmHA) is removing 

from the Code of Federal Regulations 

(CFR) its regulation regarding 

procurement of goods and services for 

inventory property and program 

services. This regulation is being 

removed since the portions of it that 

affect the public are contained 

elsewhere in the CFR. The intended 

effect of this action is to remove an 

unneeded regulation from the CFR. 

EFFECTIVE DATE: April 27,1983.

FOR FURTHER INFORMATION CONTACT:

Edward W. Nidever, Realty Specialist, 

Property Management Branch, Servicing 

and Property Management Division, 

Farmers Home Administration, USDA, 

Room 6342, South Agriculture Building, 

Washington, D.C. 20250, telephone (202) 

382-1452.

SUPPLEMENTARY INFORMATION: This 

final action has been reviewed under 

USDA procedures established in 

Secretary’s Memorandum 1512-1 to 

implement Executive Order 12291, and 

has been determined to be exempt from 

those requirements because it involves 

only internal Agency management. 

Certain aspects of the regulation are 

provided in the regulations issued by the 

General Services Administration, as 

contained in 41 CFR Chapter 1, and the 

U.S. Department of Agriculture, as 

contained in 41 CFR Chapter 4, 

publication of the Agency regulation is 

not necessary.

It is the policy of this Department to 

publish for comment rules relating to 

public property, loans, grants, benefits 

or contracts notwithstanding the 

exemption in 5 U.S.C. 553 with respect 

to such rules. This action, however, is 

not published for proposed rulemaking 

since the purpose of this change 

involves Agency management, and 

publication for comments is 

unnecessary.

This regulation does not directly 

affect any FmHA programs or projects 

which are subject to A-95 clearinghouse 

review.

This document has been reviewed in 

accordance with FmHA Instruction 

1901-G, “Environmental Impact 

Statement.” It is the determination of 

FmHA that this action does not

constitute a major Federal action 

significantly affecting the quality of the 

human environment and in accordance 

with the National Environmental Policy " 

Act of 1969, Public Law 91-190, an 

Environmental Impact Statement is not 

required.

This action does not affect any 

programs listed in the current Catalog of 

Federal Domestic Assistance (CFDA).

List of Subjects in 7 CFR Part 1955

Construction contracts, Government 

acquired property, Government property 

management, Service contracts.

Accordingly, Part 1955 of Chapter 

XVin, Title 7, Code of Federal 

Regulations is amended as follows:

PART 1955—PROPERTY

MANAGEMENT

Subpart B—Management of Property

§1955.63 l Amended]

1. Section 1955.63(a)(3)(i), (h) (2), (3) 

and (4), and (i) are amended to insert the 

phrase "(available in any FmHA office)” 

after the reference “Subpart D of this 

Part 1955.”

Subpart C—Disposal of Acquired

Property

§1955.116 [Amended]

2. Section 1955.116(b) (3) (ii) (A) is 

amended to insert the phrasq “(available 

in any FmHA office)” after the reference 

“Subpart D of this Part 1955.”

Subpart D—Purchasing of Services for

Program Property

§§ 1955.151 through 1955.170 [Removed

and Reserved]

3. Subpart D, consisting of § §1955.151 

through 1955.170, is removed and 

reserved.

(7 U.S.C. 1989; 42 U.S.C. 1480; 42 U.S.C. 2942;

5 U.S.C. 301, Section 10 Pub. L. 93-357, 88 

Stat. 392; 7 CFR 2.23; 7 CFR 2.70; 29 FR14764, 

33 FR 9850)

Dated: April 15,1983.

Charles W . Shuman,

Administrator, Farmers Home

Administration.

[FR Doc. 83-11069 Filed 4-28-83; 8:45 am]

BILLING CODE 3410-07-M

FEDERAL ELECTION COMMISSION

11 CFR Parts 100,110, and 9003

Candidate’s Use of Property in Which

Spouse Has an interest

AGENCY: Federal Election Commission. 

a c t io n : Final rule; Transmittal of 

Regulations to Congress.

SUMMARY: The Commission has 

transmitted regulations to Congress to 

govern the application of the Federal 

Election Campaign Act of 1971, as 

amended (2 U.S.C. 431 etseq .), to a 

federal candidate’s use of property in 

which his or her spouse has an interest. 

The regulations address the definitions 

of “contribution” and of “personal 

funds” of a candidate.

2 U.S.C. 438(d) requires that any rule 

or regulation proposed by the 

Commission to implement Chapter 14 of 

Title 2, United States Code be 

transmitted to the Speaker of the House 

and the President of the Senate prior to 

final promulgation. If neither House of 

Congress disapproves the regulation 

within 30 legislative days after its 

transmittal, the Commission may finally 

prescribe the regulations in question.

The following regulations were 

transmitted to Congress on April 22, 

1983.

EFFECTIVE DATE: Further action, 

including the announcement of an 

effective date will be taken after the 

regulations have been before Congress 

30 legislative days in accordance with 2 

U.S.C. 438(d).

FOR FURTHER INFORMATION CONTACT:

Susan E. Propper, Assistant General 

Counsel, 1325 K Street NW„

Washington, D.C. 20463, (202) 523-4143 

or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On July

20,1982, the Commission published a 

Notice of Proposed Rulemaking 

amending and adding to the regulations 

pertaining to a candidate’s use of 

property in which the spouse has an 

interest. (47 FR 31390, July 20,1982) No 

public comments were received during 

the thirty day comment period.

Explanation and Justification of 

Regulations Concerning a Candidate’s 

Use of Property in Which Spouse has an 

Interest

The revisions primarily address two 

situations involving loans obtained by 

the candidate for use in a campaign. In 

the first situation, the loan is acquired 

on the basis of property owned jointly 

with the candidate’s spouse. In the 

second situation, the signature of the 

spouse is required on the loan 

instrument to waive some statutory nonownership interest such as dower or 

curtesy. A third situation covered by 

these revisions involves the drawing of 

funds from assets such as jointly held 

bank accounts or the proceeds from 

liquidating jointly held stock.

The revisions carve out a narrow area 

to allow for the use of property in which 

the candidate’s spouse has an interest or
19020 Federal Register / Vol. 48, No. 82 / W ednesday, April 27, 1983 / Rules and Regulations

to allow for spousal signature on a loan 

without violating the contribution limits. 

This is implemented in 11 CFR 

100.7(a)(l)(i) by adding a new 

subsection (D) which states that a 

signatory spouse will not be considered 

a contributor if the value of the 

candidate’s share of the property used 

as collateral or as a basis for the loan 

equals or exceeds the amount of the 

loan to be used for the candidate’s 

campaign. In addition, the standard set 

out in subsection (D) is applied as an 

exception to those parts of 

§§ 100.7(b)(ll) and 100.8(b)(12) which 

classify endorsers and guarantors as 

contributors.

The revisions also clarify the 

definition of “personal funds” of a 

candidate as set out in § § 110.10(b) and 

9003.2(c)(3). By changing the term “right 

of beneficial enjoyment” to “equitable 

interest” the Commission is using a term 

which more specifically applies to an 

ownership or pecuniary interest that is 

not one of legal title. By reordering the 

criteria defining “personal funds,” it is 

made clear that the criteria of “legal and 

rightful title” and “equitable interest” 

must each be linked with “legal right of 

access to or control over.” The latter 

criterion is the standard set out in the 

legislative history of the 1974 

Amendments to 18 U.S.C. 608 pertaining 

to the limitations of expenditures of 

personal funds by a candidate, also 

cited in B u ckley v. V aleo, 424 U.S. 1, 51, 

52, n.57.

Finally, the revisions add a subsection 

(3) to the “personal funds” definition in 

11 CFR 110.10(b) and a subsection (iii) to 

the “personal funds” definition in 

§ 9003.2(c)(3) in order to address the 

concept of “personal funds” in joint 

ownership situations. These new 

provisions permit a candidate to use the 

full value of his or her share of assets 

jointly owned with a spouse without the 

spouse being considered a contributor. If 

there is no written instrument indicating 

the candidate’s ownership share of the 

property, the candidate will be 

considered to own one-half of the value 

of the property under these rules. This 

50% rule would apply in community 

property states, as well as in noncommunity property states.

list of Subjects

11 CFR Part 100

Elections.

11 CFR Part 110

Political candidates, Campaign funds.

11 CFR Part 9003

Campaign funds, Political candidates, 

Elections.

11 CFR Chapter I is Amended to Read 

as Follows:

PART 100—[AMENDED]

1.11 CFR 100.7(a)(l)(i)(C) is revised to 

read as follows:

§ 100.7 [Amended]

(a) * * *

(1) * * *

(i) * * *

(C) Except as provided in (D), a loan 

is a contribution by each endorser or 

guarantor. Each endorser or guarantor 

shall be deemed to have contributed 

that portion of the total amount of the 

loan for which he or she agreed to be 

liable in a written agreement. Any 

reduction in the unpaid balance of the 

loan shall reduce proportionately the 

amount endorsed or guaranteed by each 

endorser or guarantor in such written 

agreement. In the event that such 

agreement does not stipulate the portion 

of the loan for which each endorser or 

guarantor is liable, the loan shall be 

considered a loan by each endorser or 

guarantor in the same proportion to the 

unpaid balance that each endorser or 

guaraiitor bears to the total number of 

endorsers or guarantors.

* * * * *

2.11 CFR l00.7(a)(l)(i)(D) is 

redesignated as 11 CFR 100.7(a)(l)(i)(E) 

and 11 CFR 100.7(a)(l)(i)(D) is added as 

follows:

(a) * * *

(1 ) * * *

(i) * * *

(D) A candidate may obtain a loan on 

which his or her spouse’s signature is 

required when jointly owned assets are 

used as collateral or security for the 

loan. The spouse shall not be considered 

a contributor to the candidate’s 

campaign if the value of the candidate’s 

share of the property used as collateral 

equals or exceeds the amount of the 

loan which is used for the candidate’s 

campaign.

* * * * *

3.11 CFR 100.7(b)(ll) is revised to 

read as follows:

*****

(b) * * *

(11) A loan of money by a State bank, 

a federally chartered depository 

institution (including a national bank) or 

a depository institution whose deposits 

and accounts are insured by the Federal 

Deposit Insurance Corporation, the 

Federal Savings and Loan Insurance

Corporation, or the National Credit 

Union Administration is not a 

contribution by the lending institution if 

such loan is made in accordance with 

applicable banking laws and regulations 

and is made in the ordinary course of 

business. A loan will be deemed to be 

made in the ordinary course of business 

if it: bears the usual and customary 

interest rate of the lending institution for 

the category of loan involved; is made 

on a basis which assures repayment; is 

evidenced by a written instrument; and 

is subject to a due date or amortization 

schedule. Such loans shall be reported 

by the political committee in accordance 

with 11 CFR 104.3(a). Each endorser or 

guarantor shall be deemed to have 

contributed that portion of the total 

amount of the loan for which he or she 

agreed to be liable in a written 

agreement, except that, in the event of a 

signature by the candidate’s spouse, the 

provisions of 11 CFR 100.7(a)(l)(i)(D) 

shall apply. Any reduction in the unpaid 

balance of the loan shall reduce 

proportionately the amount endorsed or 

guaranteed by each endorser or 

guarantor in such written agreement. In 

the event that such agreement does not 

stipulate the portion of the loan for 

which each endorser or guarantor is 

liable, the loan shall be considered a 

contribution by each endorser or 

guarantor in the same proportion to the 

unpaid balance that each endorser or 

guarantor bears to the total number of 

endorsers or guarantors. For purposes of 

11 CFR 100.7(b)(ll), an overdraft made 

on a checking or savings account shall 

be considered a contribution by the 

bank or institution unless: the overdraft 

is made on an account which is subject 

to automatic overdraft protection; the 

overdraft is subject to a definite interest 

rate which is usual and customary; and 

there is a definite repayment schedule.

* * * * *

4.11 CFR 100.8(b)(12) is revised to 

read as follows:

§ 100.8 Expenditures (2 U.S.C. 431(9)).

*****

(b) * * *

(12) A loan of money by a State bank, 

a federally chartered depository 

institution (including a national bank) or 

a depository institution whose deposits 

and accounts are insured by the Federal 

Deposit Insurance Corporation, the 

Federal Savings and Loan Insurance 

Corporation, or the National Credit 

Union Administration is not an 

expenditure by the lending institution if 

such loan is made in accordance with
Federal Register / Vol. 48, No. 82 / W ednesday, April 27, 1983 / Rules and Regulations 19021

applicable banking laws and regulations 

and is made in the ordinary course of 

business. A loan will be deemed to be 

made in the ordinary course of business 

if it: bears the usual and customary 

interest rate of the lending institution for 

the category of loan involved; is made 

on a basis which assures repayment; is 

evidenced by a written instrument; and 

is subject to a due date or amortization 

schedule. Such loans shall be reported 

by the political committee in accordance 

with 11 CFR 104.3(a). Each endorser or 

guarantor shall be deemed to have 

contributed that portion of the total 

amount of the loan for which he or she 

agreed to be liable in a written 

agreement, except that, in the event of a 

signature by the candidate’s spouse, the 

provisions of 11 CFR 100.7(a)(l)(i)(D) 

shall apply. Any reduction in the unpaid 

balance of the loan shall reduce 

proportionately the amount endorsed or 

guaranteed by each endorser or 

guarantor in such written agreement. In 

the event that the loan agreement does 

not stipulate the portion of the loan for 

which each endorser or guarantor is 

liable, the loan shall be considered an 

expenditure by each endorser or 

guarantor in the same proportion to the 

unpaid balance that each endorser or 

guarantor bears to the total number of 

endorsers or guarantors. For the purpose 

of 11 CFR 100.8(b)(12), an overdraft 

made on a checking or savings account 

shall be considered an expenditure 

unless: the overdraft is made on an 

account which is subject to automatic 

overdraft protection; and the overdraft 

is subject to a definite interest rate and 

a definite repayment schedule.

* * * * *

PART 110—CONTRIBUTION AND

EXPENDITURE LIMITATIONS AND

PROHIBITIONS

5.11 CFR 110.10(b)(1) is revised to 

read as follows:

§110.10 [Amended]

******

(b) * * *

(1) Any assets which, under 

applicable state law, at the time he or 

she became a candidate, the candidate 

had legal right of access to or control 

over, and with respect to which the 

candidate had either:

(i) Legal and rightful title, or

(ii) An equitable interest.

6.11 CFR 110.10(b)(3) is added to read 

as follows:

*****

(b j * * *

(3) A candidate may use a portion of 

assets jointly owned with his or her 

spouse as personal funds. The portion of 

the jointly owned assets that shall be

considered as personal funds of the 

candidate shall be that portion which is 

the candidate’s share under the 

instrument(s) of conveyance or 

ownership. If no specific share is 

indicated by an instrument of 

conveyance or ownership, the value of 

one-half of the property used shall be 

considerd as personal funds of the 

candidate.

PART 9003—ELIGIBILITY FOR

PAYMENTS

7.11 CFR 9003.2(c)(3) is revised to 

read as follows:

§ 9003.2 Candidate certificates.

*****

(c) * * *

(3) For purposes of this section, the 

terms “personal funds” and personal 

funds of his or her immediate family” 

mean—

(i) Any assets which, under applicable 

state law, at the time he or she became a 

candidate the candidate had legal right 

of access to or control over, and with 

respect to which the candidate, had 

either:

(A) Legal and rightful title, or

(B) An equitable interest

(ii) Salary and other earned income 

from bona fide employment; dividends 

and proceeds from the sale of the 

candidate’s stocks or other investments; 

bequests to the candidate; income from 

trusts established before candidacy; 

income from trusts established by 

bequest after candidacy of which the 

candidate is a beneficiary; gifts of a 

personal nature which had been 

customarily received prior to candidacy; 

proceeds from lotteries and similar legal 

games of chance.

(iii) A candidate may use a portion of 

assets jointly owned with his or her 

spouse as personal funds. The portion of 

the jointly owned assets that shall be 

considered as personal funds of the 

candidate shall be that portion which is 

the candidate’s share under the 

instrument(s) of conveyance or 

ownership. If no specific share is 

indicated by any instrument of 

conveyance or ownership, the value of 

one-half of the property used shall be 

considered as personal funds of the 

candidate.

*****

Dated: April 22,1983.

Danny L. McDonald,

Chairman, Federal Election Commission,

[FR Doc. 83-11220 Filed 4-26-83; 8:45 am]

BILLING CODE 6715-01-M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 271

[Docket No. RM79-76-143 (Texas—20

Addition); Order No. 291]

High-Cost Gas Produced From Tight

Formations; Final Rule

Issued: April 21,1983.

AGENCY: Federal Energy Regulatory 

Commission, DOE.

ACTION: Final rule.

S u m m a r y : The Federal Energy 

Regulatory Commission is authorized by 

section 107(c)(5) of the Natural Gas 

Policy Act of 1978 to designate certain 

types of natural gas as high-cost gas 

where the Commission determined that 

the gas is produced under conditions 

which present extraordinary risks or 

costs. Under section 107(c)(5), the 

Commission issued a final regulation 

designating natural gas produced from 

tight formations as high-cost gas which 

may receive an incentive price (18 CFR 

271.703). This rule established 

procedures for jurisdictional agencies to 

submit to the Commission 

recommendations of areas for 

designation as tight formations. This 

final order adopts the recommendation 

of the Railroad Commission of Texas 

that the Monte Christo, South (9000') 

Formation be designated as a tight 

formation under § 271.703(d).

e f f e c t iv e d a t e : This rule is effective 

May 23,1983.

FOR FURTHER INFORMATION CONTACT:

Steven Ross (202) 357-8571 or Walter 

Lawson (202) 357-8556.

SUPPLEMENTARY INFORMATION: The 

Commission hereby amends § 271.703(d) 

of its regulations to include the Monte 

Christo, South (9000') Formation 

underlying land in Hidalgo County, 

Texas, as a designated tight formation 

eligible for incentive pricing under 

§ 271.703. The amendment was proposed 

in a Notice of Proposed Rulemaking by 

the Director, Office of Pipeline and 

Producer Regulation, issued November

1,1982 (47 FR 50300, November 5,1982)1 

based on a recommendation by the 

Railroad Commission of Texas (Texas) 

in accordance with § 271.703, that the 

Monte Christo, South (9000') Formation, 

an addition to the Monte Christo

1 Comments were invited on the proposed rule

and one comment supporting the recommendation

was received. No party requested a public hearing

and no hearing was held.