62928 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 5

[Docket No. FR–3880–P–02]

RIN: 2577–AB75

Ceiling Rents for Public Housing

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

permit public housing agencies (PHAs)

to adopt caps on total tenant payments

for public housing projects or dwelling

units that are assisted under the United

States Housing Act of 1937 (1937 Act).

The Balanced Budget Downpayment Act

I (also known as the Continuing

Resolution) amended the 1937 Act to

permit the establishment of caps, or

ceiling rents, on the income-based

monthly total tenant payment that

reflect the reasonable market value of

the housing, but that are not less than

the monthly costs: to operate the

housing of the PHA; and to make a

deposit to a replacement reserve (in the

sole discretion of the PHA). The

proposed rule would not amend HUD’s

Indian housing regulations. Further, this

proposed rule would not apply to

Section 8 assisted housing.

DATES: Comments due date: January 26,

1998.

ADDRESSES: Interested persons are

invited to submit comments regarding

this proposed rule to the Office of

General Counsel, Rules Docket Clerk,

Room 10276, Department of Housing

and Urban Development, 451 Seventh

Street, SW, Washington, DC 20410–

0500. Communications should refer to

the above docket number and title.

Facsimile (FAX) comments are not

acceptable. A copy of each

communication submitted will be

available for public inspection and

copying during regular business hours

(7:30 a.m.–5:30 p.m. Eastern Time) at

the above address.

FOR FURTHER INFORMATION CONTACT:

Linda Campbell, Director, Marketing

and Leasing Management Division,

Office of Public and Indian Housing,

Room 4206, Department of Housing and

Urban Development, 451 Seventh Street,

SW Washington, DC 20410, telephone

(202) 708–0744 (this is not a toll-free

number). Hearing or speech-impaired

individuals may access this telephone

number via TTY by calling the toll-free

Federal Information Relay Service at 1–

800–877–8339.

SUPPLEMENTARY INFORMATION:

I. Background

A. Total Tenant Payment

Section 3(a)(1) of the U.S. Housing

Act of 1937 (42 U.S.C. 1437 et seq.)

(1937 Act) establishes the monthly total

tenant payment for tenants of public

housing assisted under the 1937 Act as

the highest of: (1) 30 percent of the

family’s monthly adjusted income; (2)

10 percent of the family’s monthly

income; or (3) if a family receives

welfare assistance and the welfare

assistance is subject to adjustment in

accordance with actual housing costs,

the portion of that assistance

specifically designated for housing

costs. Further, section 402(a) of the

Balanced Budget Downpayment Act, I

(Pub.L. 104–99, 110 Stat. 40, approved

January 26, 1996) (also known as the

Continuing Resolution), as amended by

section 201(c) of the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 1997

(Pub.L. 104–204, 110 Stat. 2874,

approved September 26, 1996) requires

that, notwithstanding section 3(a)(1) of

the 1937 Act, each family assisted under

the Public or Indian housing rental

programs shall pay a monthly minimum

rent of up to $50.

B. Ceiling Rents Under Section 102 of

the 1987 HCD Act

Section 102 of the Housing and

Community Development Act of 1987

(Pub.L. 100–242, 101 Stat. 1815,

approved February 5, 1988) (1987 HCD

Act) added a new section 3(a)(2) to the

1937 Act which allows the

establishment of caps (‘‘ceiling rents’’)

on the income-based monthly total

tenant payment, as calculated under

section 3(a)(1). Under section 102 of the

1987 HCD Act, the ceiling rents could

not be greater than the income-based

formula, and not less than the average

monthly amount of debt service and

operating expenses attributable to units

of similar size in other housing projects

owned and operated by the Public

Housing Agency (PHA).

Ceiling rents are a useful tool in

easing the rent burden on working

families residing in public housing

assisted under the 1937 Act. Working

families are generally regarded as

having positive effects on housing

projects by providing leadership and

acting as role models for other tenants.

Higher income families are often the

resident leaders who help to ensure that

the units are well-maintained and drugfree. Working families also help create

an economic and social mix that is

desirable in preventing the isolation of

the very poor in public housing projects.

Without ceiling rents, these residents

are often faced with the dilemma of

leaving public housing or having total

tenant payments that are above the

market value of their units.

On March 15, 1989, HUD published a

notice for public housing (54 FR 10733)

announcing that it would consider

applications from PHAs for waivers of

the requirements of its regulations

implementing section 3(a)(1) of the 1937

Act, so that PHAs could adopt ceiling

rents for projects or dwelling units

owned and operated by the PHAs.

C. Section 402(b) of the Continuing

Resolution

Section 402(b) of the Continuing

Resolution amended section 3(a)(2) of

the 1937 Act. Specifically, the

Continuing Resolution permits the

establishment of ceiling rents that

reflect the reasonable market value of

the housing, but that are not less than

the monthly costs: (1) to operate the

housing of the PHA; and (2) to make a

deposit to a replacement reserve (in the

sole discretion of the PHA). A

replacement reserve may be used for

major expenditures, such as the

acquisition of capitalized equipment

and structural repairs. Section 402(b) of

the Continuing Resolution does not

mandate the establishment of a

replacement reserve, but leaves the

decision regarding the creation of such

a reserve to each PHA.

Section 402(b)(2)(B) of the Continuing

Resolution provides that pending HUD’s

issuance of final regulations

implementing the changes to section

3(a)(2), a ‘‘transition rule’’ will be in

effect. Under the ‘‘transition rule,’’

PHAs can implement ceiling rents,

which must be not less than the

monthly costs to operate the PHA’s

units and: (1) using the provisions of the

prior law (i.e., section 3(a)(2) of the 1937

Act as it existed prior to the Continuing

Resolution); (2) equal to Fair Market

Rents (FMRs) for the area in which the

unit is located; or (3) equal to the 95th

percentile of total tenant payments paid

for a unit of comparable size by tenants

in the same housing development or a

group of comparable developments

totalling 50 units or more. HUD has

issued nonregulatory guidance (Notice

PIH 96–6, February 13, 1996) to assist

those PHAs wishing to establish ceiling

rents prior to the issuance of a final rule

implementing the amendments made by

the Continuing Resolution.

D. Effectiveness of Continuing

Resolution Beyond Fiscal Year 1997

Section 402(f) of the Continuing

Resolution limited the effectiveness of

the ceiling rents and minimum rent
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules 62929

provisions to Fiscal Year (FY) 1996.

Section 201(c)(2) of the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 1997

(Pub. L. 104–204, 110 Stat. 2874,

approved September 26, 1996) extended

their effectiveness through FY 1997.

Although section 402(b) of the

Continuing Resolution will expire at the

end of FY 1997 (September 30, 1997),

HUD believes the burden of increased

total tenant payments on many tenant

families is significant enough to merit

proceeding with the establishment of

the necessary regulatory procedures for

implementing ceiling rents. HUD is

advocating the extension of the current

statutory authority for ceiling rents.

II. This Proposed Rule

A. General

This proposed rule would amend

HUD’s regulations governing total

tenant payments for its public housing

programs (24 CFR part 5, subpart F) to

implement the changes made by the

Continuing Resolution to section 3(a)(2)

of the 1937 Act. The proposed rule

would not amend the corresponding

requirements for HUD’s Indian housing

programs (24 CFR part 950). The Native

American Housing Assistance and SelfDetermination Act of 1996 (Pub. L. 104–

330, 110 Stat. 4016; approved October

26, 1996) completely revises HUD’s

Indian housing programs. The

regulations promulgated under the

Native American Housing Assistance

and Self-Determination Act of 1996 will

address the applicability of the

Continuing Resolution to HUD’s Indian

housing programs.

B. Applicability

This rule proposes to establish a new

24 CFR 5.614 which would describe the

policies and procedures governing the

establishment of ceiling rents. Section

5.614 would apply to public housing

rental projects. It would not apply to: (1)

homeownership programs (such as the

Turnkey III program—24 CFR part 904);

(2) applicants and tenants assisted

under sections 10(c) and 23 of the 1937

Act as in effect before amendment by

the Housing and Community

Development Act of 1974 (42 U.S.C.

1410 and 1421b (1970 ed.)); or (3) the

Section 8 Rental Voucher and Rental

Certificate Programs.

C. Calculating Ceiling Rents

This proposed rule would permit a

PHA to establish ceiling rents which

reflect the reasonable market value of

the housing and which are not less than

the statutory minimum: the monthly

cost to operate the housing of the PHA

and to make a deposit to a replacement

reserve (in the sole discretion of the

PHA).

In determining the reasonable market

value of the housing, a PHA may utilize:

(1) the 95th percentile of the total tenant

payments paid for a unit of comparable

size by tenants in the same public

housing development or group of

comparable developments totalling 50

units or more or having at least 15 units

of the same unit size (number of

bedrooms) for which ceiling rents

would be applied; (2) the FMRs for the

area in which the unit is located; or (3)

any other similar indicator of reasonable

market value, such as a comparability

study. The comparability study would

have to analyze relevant factors for the

community in which the unit is located,

including unassisted rents for housing

of similar age, location, condition,

amenities, design, and size.

For purposes of determining the

minimum ceiling rent, the average

monthly operating expense would equal

one-twelfth (1/12) of the sum of all

annual operating expenses reported on

the Statement of Operating Receipts and

Expenditures (SORE) for the PHA’s most

recent fiscal year and the aggregate

annual utility allowances for all tenantpaid utilities; minus the sum of excess

utility charges and annual costs, if any,

associated with units approved for

deprogramming.

The sum of the operating expenses

would be distributed over all of the

PHA’s public housing dwelling units,

except those approved for

deprogramming, whether or not ceiling

rents are adopted for all units, with an

adjustment only for unit size (number of

bedrooms). Operating expenses would

be allocated according to unit size with

larger units receiving a larger portion of

the operating expenses than smaller

units.

Under this proposed rule, HUD would

establish the two-bedroom unit as the

base total tenant payment. The

allocation of operating expenses for a

particular unit will be calculated by

multiplying the base total tenant

payment by an adjustment factor. The

adjustment factors will vary from 70

percent of the base total tenant payment

for an efficiency to 182 percent of the

base total tenant payment for a sixbedroom unit. HUD uses this method to

adjust total tenant payments by unit size

in establishing the FMRs (24 CFR

888.113(c).)

The Appendix to this proposed rule

demonstrates how the statutory

minimum is calculated in establishing

ceiling rents.

D. Establishing Ceiling Rents

This proposed rule would permit a

PHA to establish ceiling rents for: (1) all

dwelling units in its inventory; (2) all of

the units in one or more projects; or (3)

some of its units in one or more

projects, based on bedroom size. The

rule would allow a PHA to implement,

change the amount of, or revoke ceiling

rents after giving reasonable notice to

the affected tenants. If the amount of the

ceiling rent is changed, the new amount

would have to conform with the

provisions of this rule.

Since section 402(b) of the Continuing

Resolution authorizes, rather than

mandates ceiling rents, a PHA has the

discretion to decide whether to establish

ceiling rents. If a PHA elects to establish

ceiling rents, however, each tenant

family admitted to or living in a

dwelling unit subject to a ceiling rent is

eligible for the ceiling rent. This

proposed rule also provides that a

family residing in a dwelling unit

subject to a ceiling rent may not be

charged an amount that exceeds the

amount the family would pay under the

income-based calculation of 24 CFR

5.613(a), as required by the Continuing

Resolution. Therefore, a family residing

in a dwelling unit with a ceiling rent

will be charged the lesser of the incomebased total tenant payment or the

ceiling rent set for the unit; however, in

all cases the family must pay the

minimum rent established by the PHA.

A PHA must ensure that the ceiling

rents it has established are not less than

the statutory minimum (i.e., the

monthly cost to operate the housing of

the PHA and, in the sole discretion of

the PHA, to make a deposit to any

replacement reserve) at the time it

prepares its Statement of Operating

Receipts and Expenses each fiscal year,

and must update the ceiling rents

accordingly. PHAs are also reminded

that in establishing ceiling rents, they

must abide by Federal laws prohibiting

discrimination on the basis of race,

religion, sex, color, national origin, age,

disability, and familial status.

The final rule may require that a PHA

maintain records regarding its

calculation and establishment of ceiling

rents. Further, the final rule may require

a PHA to notify HUD that it has

established or revoked ceiling rents.

HUD invites comment on what would

be the least burdensome recordkeeping

and notification methods

E. Continued Effectiveness of Existing

Ceiling Rents

Section 102 of the 1987 HCD Act

originally limited the effectiveness of

ceiling rents for a period of 36 months.
62930 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules

This period was subsequently extended

to 60 months by section 302 of the

Department of Housing and Urban

Development Reform Act of 1989 (Pub.

L. 101–235; 103 Stat. 1987, approved

December 15, 1989) (HUD Reform Act).

Section 102 of the Housing and

Community Development Act of 1992

(Pub. L. 102–550; 106 Stat. 3672,

approved October 28, 1992) removed

the 60 month limit and extended the

ceiling rents in effect prior to the date

of enactment of the HUD Reform Act

without time limitation. Accordingly,

this proposed rule would not impact the

effectiveness of those ceiling rents that

were approved by a HUD regulatory

waiver under the March 15, 1989

Federal Register notice. These ceiling

rents are valid indefinitely, as long as

they cover current operating expenses

and the PHA wants to have them.

Further, HUD also considers any ceiling

rents adopted under the transition rule

and HUD Notice 96–6 as being valid for

an indefinite period of time, as long as

they cover current operating expenses

and the PHA wants to have them

(subject to the extension of the statutory

authority for ceiling rents beyond

September 30, 1997).

A PHA with HUD-approved ceiling

rents under the March 15, 1989 Federal

Register notice may opt to switch to

PHA-adopted ceiling rents under the

provisions of the transition rule (or

later, under the provisions of HUD’s

final rule on ceiling rents). However,

although ceiling rents adopted under

the March 15, 1989 notice are valid for

an indefinite period of time (so long as

they cover current operating expenses

and the PHA wants to have them), any

ceiling rents adopted under the

transition notice or HUD’s final rule are

valid only until September 30, 1997,

unless extended by law.

III. Findings and Certifications

Environmental Impact

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR part 50,

implementing section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332). The Finding of

No Significant Impact is available for

public inspection during business hours

in the Office of the Rules Docket Clerk,

Room 10276, Department of Housing

and Urban Development, 451 Seventh

Street, SW, Washington, DC 20410–

0500.

Executive Order 12612, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this rule have no Federalism

implications, and that the policies are

not subject to review under the Order.

Specifically, this proposed rule would

permit PHAs to adopt ceiling rents for

public housing projects or dwelling

units that are assisted under the 1937

Act. It will effect no changes in the

current relationships between the

Federal government, the States and their

political subdivisions.

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)) has reviewed and approved this

rule, and in so doing certifies that this

rule will not have a significant

economic impact on a substantial

number of small entities. This proposed

rule will have no adverse or

disproportionate economic impact on

small entities. Each PHA will make the

decision whether to implement ceiling

rents and is not expected to do so if

ceiling rents will have a significant

economic effect on the PHA.

Furthermore, the procedures for

administering ceiling rents should not

entail significantly greater expense to

the PHA than the PHA would normally

incur in administering income-based

rents.

Unfunded Mandates Reform Act

The Secretary has reviewed this rule

before publication and by approving it

certifies, in accordance with the

Unfunded Mandates Reform Act of 1995

(2 U.S.C. 1532), that this rule does not

impose a Federal mandate that will

result in the expenditure by State, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more in any one year.

Executive Order 13045, Protection of

Children From Environmental Health

Risks and Safety Risks

This proposed rule would not pose an

environmental health risk or safety risk

on children.

Executive Order 12866, Regulatory

Planning and Review

The Office of Management and Budget

(OMB) reviewed this rule under

Executive Order 12866, Regulatory

Planning and Review. OMB determined

that this rule is a ‘‘significant regulatory

action,’’ as defined in section 3(f) of the

Order (although not economically

significant, as provided in section 3(f)(1)

of the Order). Any changes made to the

proposed rule subsequent to its

submission to OMB are identified in the

docket file, which is available for public

inspection in the office of the

Department’s Rules Docket Clerk, Room

10276, 451 Seventh Street, SW,

Washington, DC 20410–0500.

Catalog of Federal Domestic Assistance

Number

The Catalog of Federal Domestic

Assistance Number for Public and

Indian Housing is 14.850.

List of Subjects in 24 CFR Part 5

Administrative practice and

procedure, Aged, Claims, Drug abuse,

Drug traffic control, Grant programs—

housing and community development,

Grant programs—Indians, Grant

programs—low and moderate income

housing, Indians, Individuals with

disabilities, Intergovernmental relations,

Loan programs—housing and

community development, Low and

moderate income housing, Mortgage

insurance, Penalties, Pets, Public

housing, Rent subsidies, Reporting and

recordkeeping requirements, Social

security, Unemployment compensation,

Wages.

Accordingly, 24 CFR part 5 would be

amended as follows:

PART 5—GENERAL HUD PROGRAM

REQUIREMENTS; WAIVERS

1. The authority citation for 24 CFR

part 5 continues to read as follows:

Authority: 42 U.S.C. 3535(d), unless

otherwise noted.

Subpart F—Income Limits, Annual

Income, Adjusted Income, Rent, and

Examinations for the Public Housing

and Section 8 Programs

2. The authority citation for subpart F

continues to read as follows:

Authority: 42 U.S.C. 1437a, 1437c, 1437d,

1437f, 1437n, and 3535(d).

3. A new § 5.614 is added to read as

follows:

§ 5.614 Ceiling rents for public housing.

(a) Applicability. This section applies

to public housing rental projects. This

section does not apply to:

(1) Homeownership programs, such as

the Turnkey III program;

(2) Applicants and tenants assisted

under sections 10(c) and 23 of the 1937

Act as in effect before amendment by

the Housing and Community

Development Act of 1974 (42 U.S.C.

1410 and 1421b (1970 ed.)); or

(3) Section 8 assisted housing.

(b) Calculating ceiling rents. (1)

General. A PHA may establish caps on

total tenant payments (as described in

§ 5.613) for the dwelling units described

in § 5.614(c)(1) that reflect the
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Proposed Rules 62931

reasonable market value of the housing,

but that are not less than:

(i) The average monthly amount of

operating expenses attributed to units of

similar size in public housing projects

owned by the PHA; and

(ii) The monthly cost to make a

deposit to a replacement reserve (in the

sole discretion of the PHA).

(2) Reasonable market value. The

reasonable market value of the housing

is equal to:

(i) The 95th percentile of the total

tenant payments paid for a unit of

comparable size by tenants in the same

public housing development or group of

comparable developments totalling 50

units or more or having at least 15 units

of the same unit size (number of

bedrooms) for which ceiling rents

would be applied;

(ii) The Fair Market Rents (FMRs) for

the area in which the unit is located

(See 24 CFR part 888); or

(iii) Any other similar indicator of

reasonable market value utilized by the

PHA, such as a comparability study.

(3) Average monthly operating

expenses. The average monthly

operating expenses is one-twelfth (1⁄12)

of the sum of:

(i) All annual operating expenses

reported on the Statement of Operating

Receipts and Expenditures as of the end

of the PHA’s most recent fiscal year and

the aggregate annual utility allowances

for all tenant paid utilities; minus the

sum of:

(ii) Excess utility charges and annual

costs, if any, associated with units

approved for deprogramming.

(4) Distributing the average monthly

amount of operating expenses. The total

average monthly amount of operating

expenses must be distributed over all of

the PHA’s public housing dwelling

units, except those approved for

deprogramming, whether or not ceiling

rents are proposed for all units, and

adjusted only for unit size (i.e., number

of bedrooms), in accordance with

paragraph (b)(5) of this section.

(5) Unit adjustment factors. The

adjustment for unit size is determined

by using a percentage relationship based

on the rent of a two-bedroom unit as an

adjustment factor. Adjustment factors

for all units are as follows:

(i) Zero-bedroom units (efficiencies)—

0.70;

(ii) One-bedroom units—0.85;

(iii) Two-bedroom units—1.00;

(iv) Three-bedroom units—1.25;

(v) Four-bedroom units—1.40;

(vi) Five-bedroom units—1.61; and

(vii) Six-bedroom units—1.82.

(c) Establishing ceiling rents. (1) A

PHA may establish ceiling rents for:

(i) All dwelling units in its inventory;

(ii) All of the units in one or more

projects; or

(iii) Some of its units in one or more

projects, based on bedroom size.

(2) A PHA may implement, change

the amount of, or revoke ceiling rents

after giving reasonable notice to the

affected tenants. If the amount of the

ceiling rent is changed, the new amount

would have to conform with the

provisions of this section.

(3) The total tenant payment of a

family residing in a dwelling unit

subject to a ceiling rent is the lesser of

the income-based total tenant payment

or the ceiling rent for such dwelling

unit; however, the total tenant payment

may not be lower than the minimum

rent established by the PHA.

(4) A PHA must ensure that the

ceiling rents it has established are not

less than the statutory minimum (i.e.,

the monthly cost to operate the housing

of the PHA and, in the sole discretion

of the PHA, to make a deposit to any

replacement reserve) at the time it

prepares its Statement of Operating

Receipts and Expenses each fiscal year,

and must update the ceiling rents

accordingly.

(5) In establishing ceiling rents, a PHA

is reminded that it must abide by

Federal laws prohibiting discrimination

on the basis of race, religion, sex, color,

national origin, age, disability, and

familial status.

Date: August 22, 1997.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Appendix—to 24 CFR Part 5

Note: This appendix will not be codified in

title 24 of the Code of Federal Regulations.

Example of Calculating the Statutory

Minimum in Establishing Ceiling Rents

Step 1

1. Operating expenses (Line 620) from the

Statement of Operating Receipts and

Expenditures for the PHA’s most recent

fiscal year. llllllll $190,000

2. Cost of utility allowances for tenant-paid

utilities for the PHA’s most recent fiscal

year. llllllll $30,000

3. Add line 1 and line 2. llllllll

$220,000

4. Excess utility charges (Line 070) from

HUD–52599 for the PHA’s most recent

fiscal year. llllllll $5,200

5. Costs associated with deprogramming

units, if any, for the PHA’s most recent

fiscal year. llllllll $0

6. Add line 4 and line 5. llllllll

$5,200

7. Subtract line 6 from line 3.

llllllll $214,800

8. Total average monthly operating expenses

(line 7 divided by 12). llllllll

$17,900

Step 2

Number of units owned by PHA Times

Adjustment Factor *

0-bedroom units 20 × 0.70............................14

1-bedroom units 40 × 0.85............................34

2-bedroom units 20 × 1.00............................20

3-bedroom units 20 × 1.25............................25

4-bedroom units 0 × 1.40................................0

5-bedroom units 0 × 1.61................................0

6-bedroom units 0 × 1.82................................0

Total....................................................93

*Whether or not a ceiling rent is proposed

for these units.

Step 3

Calculate the two-bedroom minimum

monthly rent:

1. Enter Line 8 from Step 1. llllllll

$17,900

2. Enter Total from Step 2. llllllll

93

3. Calculate the 2-bedroom minimum

monthly rent (line 1 divided by line 2)

llllllll $192.47

4. Calculate the minimum rent for other size

units:

a. 0-bedroom (line 3 × .70)...................$134.73

b. 1-bedroom (line 3 × .85)...................$163.69

c. 3-bedroom (line 3 × 1.25).................$240.59

d. 4-bedroom (line 3 × 1.40) ......................N/A

e. 5-bedroom (line 3 × 1.61).......................N/A

f. 6-bedroom (line 3 × 1.82) .......................N/A

[FR Doc. 97–30941 Filed 11–24–97; 8:45 am]

BILLING CODE 4210–33–P