[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Rules and Regulations]
[Pages 57658-57717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24333]



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Part II





Department of Housing and Urban Development





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24 CFR Part 888



Fair Market Rents for Fiscal Year 2001; Final Rule

  Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / 
Rules and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 888

[Docket No. FR-4589-N-02]


Fair Market Rents for Fiscal Year 2001

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of Final Fiscal Year (FY) 2001 Fair Market Rents (FMRs).

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SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937 
requires the Secretary to publish FMRs annually to be effective on 
October 1 of each year. FMRs are used to establish payment standards 
for the Housing Choice Voucher program; to determine initial contract 
rents in new commitments for Section 8 project-based assistance (e.g., 
the project-based voucher program); to determine whether comparability 
applies to adjustment of contract rents during the term of an existing 
HAP contract in the Section 8 new construction, substantial 
rehabilitation and moderate rehabilitation programs; and as a limit on 
renewal rents for certain Section 8 projects. The FMRs also apply to 
any other programs requiring their use. Today's notice establishes 
final FY 2001 FMRs for all areas. These FMRs reflect the estimated 40th 
percentile rent levels trended to April 1, 2001.

EFFECTIVE DATE: The FMRs published in this notice are effective on 
October 1, 2000.

FOR FURTHER INFORMATION CONTACT: Gerald Benoit, Operations Division, 
Office of Rental Assistance, telephone (202) 708-0477. For technical 
information on the development of schedules for specific areas or the 
method used for the rent calculations, contact Lynn A. Rodgers, 
Economic and Market Analysis Division, Office of Economic Affairs, 
telephone (202) 708-0590, Extension 5735 (e-mail: Lynn_A._Rodgers 
@hud.gov). Hearing-or speech-impaired persons may use the 
Telecommunications Devices for the Deaf (TTY) by contacting the Federal 
Information Relay Service at 1-800-877-8339. (Other than the ``800'' 
TTY number, telephone numbers are not toll free.)

SUPPLEMENTARY INFORMATION: Section 8 of the United States Housing Act 
of 1937 (the Act) (42 U.S.C. 1437f) authorizes housing assistance to 
aid lower income families in renting safe and habitable housing. 
Housing assistance payments are limited by FMRs established by HUD for 
different areas. In the voucher program, the FMR is used to determine 
the ``payment standard'' (the maximum monthly subsidy) for assisted 
families (see 24 CFR Section 982.503.) In general, the FMR for an area 
is the amount that would be needed to pay the gross rent (shelter rent 
plus utilities) of privately owned, decent, safe, and sanitary rental 
housing of a modest (non-luxury) nature with suitable amenities.

Method Used To Develop FMRs

FMR Standard

    FMRs are gross rent estimates; they include shelter rent and the 
cost of utilities, except telephone. HUD sets FMRs to assure that a 
sufficient supply of rental housing is available to program 
participants. To accomplish this objective, FMRs must be both high 
enough to permit a selection of units and neighborhoods and low enough 
to serve as many families as possible. The level at which FMRs are set 
is expressed as a percentile point within the rent distribution of 
standard quality rental housing units. The current definition used is 
the 40th percentile rent, the dollar amount below which 40 percent of 
standard quality rental housing units rent. The 40th percentile rent is 
drawn from the distribution of rents of units which are occupied by 
recent movers (renter households who moved into their unit within the 
past 15 months). Newly built units less than two years old are 
excluded, and adjustments have been made to correct for the below 
market rents of public housing units included in the data base.

Data Sources

    HUD used the most accurate and current data available to develop 
the FMR estimates. The sources of survey data used for the base-year 
estimates are:
    (1) The 1990 Census, which provides statistically reliable rent 
data for all FMR areas;
    (2) The Bureau of the Census' American Housing Surveys (AHSs), 
which are used to develop between-Census revisions for the largest 
metropolitan areas and which have accuracy comparable to the decennial 
Census; and
    (3) Random Digit Dialing (RDD) telephone surveys of individual FMR 
areas, which are based on a sampling procedure that uses computers to 
select statistically random samples of rental housing.
    The base-year FMRs are updated using trending factors based on 
Consumer Price Index (CPI) data for rents and utilities or HUD regional 
rent change factors developed from RDD surveys. Annual average CPI data 
are available individually for 99 metropolitan FMR areas. RDD regional 
rent change factors are developed annually for the metropolitan and 
nonmetropolitan parts of each of the 10 HUD regions. The RDD factors 
are used to update the base year estimates for all FMR areas that do 
not have their own local CPI survey.

State Minimum FMRs

    FMRs are established at the higher of the local 40th percentile 
rent level or the Statewide average of nonmetropolitan counties, 
subject to a ceiling rent cap. The State minimum also affects a small 
number of metropolitan areas whose rents would otherwise fall below the 
State minimum.

Bedroom Size Adjustments

    FMRs have been calculated separately for each bedroom size 
category. For areas whose FMRs are based on the State minimums, the 
rents for each bedroom size are the higher of the rent for the area or 
the Statewide average of nonmetropolitan counties for that bedroom 
size.
    For all other FMR areas, the FMRs, including determination of the 
intervals between the FMRs for bedroom size category, are generally 
based on data for the specific area. Although intervals are generally 
based on data for the specific area, exceptions have been made for some 
areas with local bedroom size rent intervals below an acceptable range. 
For those areas the intervals used were the minimum bedroom intervals 
(determined after excluding outliers) from the distribution of bedroom 
intervals for all metropolitan areas.
    Higher intervals continue to be used for three-bedroom and larger 
size units than would result from using the actual market 
relationships. This is done to assist the largest, most difficult to 
house families in finding program-eligible units. The FMRs for unit 
sizes larger than 4 bedroom are calculated by adding 15 percent to the 
4 bedroom FMR for each extra bedroom. For example, the FMR for a 5 
bedroom unit is 1.15 times the 4 bedroom FMR, and the FMR for a 6 
bedroom unit is 1.30 times the 4 bedroom FMR. FMRs for single-room-
occupancy (SRO) units are 0.75 times the 0 bedroom FMR.

Public Comments

    In response to the April 28, 2000 proposed FMRs, HUD received 
public comments covering 33 FMR areas. Rental housing survey 
information was provided for 22 of those FMR areas. All of the survey 
information submitted was evaluated. Based on that review, HUD

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has revised the proposed FMRs for 16 areas. The information submitted 
for the other FMR areas was not considered sufficient to provide a 
basis for revising the FMRs. HUD has increased the proposed FMRs for 
the following areas.

Bennington County, VT
Brown County, SD
Caledonia County, VT
Clay County, SD
Codington County, SD
Davidson County, SD
Essex County, VT
Franklin County, VT
Grand Isle County, VT
Hughes County, SD
Reno, NV, MSA (Manufactured Home Space FMRs only)
Rutland County, VT
San Jose, CA PMSA
Vallejo-Fairfield-Napa, CA PMSA (Manufactured Home Space FMRs only)
Windham County, VT
Windsor County, VT

RDD Surveys

    This notice makes effective the FMRs for 5 areas proposed with 
reductions based on RDD surveys conducted from January through April, 
2000.
    Of these five areas, comments were received from:

Lake Charles, LA MSA
Providence-Fall River-Warwick, RI--MA MSA
Springfield, MA MSA

    None of the comments received pertaining to these three FMR areas 
contained sufficient rental housing survey information to provide a 
basis for revising the FMRs.
    No comments were received from the other two areas with proposed 
decreases:

Brownsville-Harlingen-San Benito, TX MSA
Utica-Rome, NY MSA

    Based on RDDs conducted by HUD in summer, 2000, FMRs for the 
following areas are being increased more than the normal inflation 
based increase:

Athens County, OH
Burlington, VT MSA
Burnet County, TX
Goldsboro, NC MSA
Jonesboro, AR MSA
Montcalm County, MI
Oakland, CA PMSA
Oklahoma City, OK MSA
Portland, ME MSA
Stamford-Norwalk, CT PMSA
Ventura, CA PMSA

    Summer, 2000 RDDs were conducted for the following areas with no 
change in the FMRs indicated:

Boulder-Longmont, CO PMSA
Harrison County, OH
Los Angeles-Long Beach, CA PMSA
Rocky Mount, NC MSA
Santa Barbara-Santa Maria-Lompoc, CA MSA
    A summer, 2000 RDD indicates a decrease of approximately 16 percent 
in the FMR for the Dutchess County, NY PMSA. This reduction will be 
proposed for the FY 2002 FMRs.

American Housing Survey

    There were no applicable AHS surveys to include in the FY 2001 
FMRs.

Calculation Errors

    San Diego, CA and Orange County, CA FMRs have been increased by 2 
percent and 1.1 percent, respectively, due to corrections of 
calculation errors in the proposed FMRs.

FMR Area Definition Changes

    There were no changes in OMB metropolitan area definitions 
affecting the FY 2001 FMRs.
    Three areas requested changes to their FMR areas: the Public 
Housing Agency (PHA) for Santa Barbara, CA requested a north/south 
split in the county, and the Fairfax County, VA and Rockland County, NY 
PHAs requested that they be removed from their respective FMR areas and 
made separate FMR areas. HUD does not support splitting FMR areas for 
these areas. FMR areas are intended to correspond to housing market 
areas, which HUD defines based on the Office of Management and Budget's 
metropolitan area definitions. While many FMR areas have large 
differentials of market rent between the highest and lowest cost parts 
of an FMR area, current rules for the Section 8 Voucher Program provide 
that a PHA may establish a separate payment standard for a designated 
part of an FMR area up to 110 percent of the published standard amounts 
that exceed this limit. In specified circumstances, with sufficient 
justification, HUD headquarters may even approve a voucher payment 
standard amount that exceeds 120 percent of the published FMR--the 
maximum subsidy limit in the old Section 8 certificate program. These 
exceptions are sufficient to account for market rent differentials.

Manufactured Home Space Surveys

    FMRs for the rental of manufactured home spaces in the Housing 
Choice Voucher program are 40 percent of the applicable Section 8 
existing housing program FMR for a two-bedroom unit. HUD accepts public 
comments requesting modifications of these FMRs where the 40 percent 
FMRs are thought to be inadequate. In order to be accepted as a basis 
for revising the FMRs, comments must contain statistically valid survey 
data that show the 40th percentile space rent (including the cost of 
utilities) for the entire FMR area. Manufactured home space FMR 
revisions are published as final FMRs in Schedule D. Once approved, the 
revised manufactured home space FMRs establish new base year estimates 
that are updated annually using the same data used to update the other 
FMRs.

HUD Rental Housing Survey Guides

    HUD recommends the use of professionally-conducted RDD telephone 
surveys to test the accuracy of FMRs for areas where there is a 
sufficient number of Section 8 units to justify the survey cost of 
$10,000-$12,000. Areas with 500 or more program units usually meet this 
criterion, and areas with fewer units may meet it if local rents are 
thought to be significantly different than the FMR proposed by HUD. In 
addition, HUD has developed a simplified version of the RDD survey 
methodology for smaller, nonmetropolitan PHAs. This methodology is 
designed to be simple enough to be done by the PHA itself, rather than 
by professional survey organizations, at a cost of about $5,000.
    PHAs in nonmetropolitan areas may, in certain circumstances, do 
surveys of groups of counties. All grouped county surveys must be 
approved in advance by HUD. PHAs are cautioned that the resulting FMRs 
will not be identical for the counties surveyed; each individual FMR 
area will have a separate FMR based on its relationship to the combined 
rent of the group of FMR areas.
    PHAs that plan to use the RDD survey technique may obtain a copy of 
the appropriate survey guide by calling HUD USER on 1-800-245-2691. 
Larger PHAs should request ``Random Digit Dialing Surveys; A Guide to 
Assist Larger Housing Agencies in Preparing Fair Market Rent 
Comments.'' Smaller PHAs should obtain ``Rental Housing Surveys; A 
Guide to Assist Smaller Housing Agencies in Preparing Fair Market Rent 
Comments.'' These guides are also available on the Internet at http://www.huduser.org/datasets/fmr.html.
    HUD prefers, but does not mandate, the use of RDD telephone 
surveys, or the more traditional method described in the small PHA 
survey guide. Other survey methodologies are acceptable as long as they 
provide statistically reliable, unbiased estimates of the 40th 
percentile gross rent. Survey samples should preferably be randomly 
drawn

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from a complete list of rental units for the FMR area. If this is not 
feasible, the selected sample must be drawn so as to be statistically 
representative of the entire rental housing stock of the FMR area. In 
particular, surveys must include units of all rent levels and be 
representative by structure type (including single-family, duplex and 
other small rental properties), age of housing unit, and geographic 
location. The decennial Census should be used as a starting point and 
means of verification for determining whether the sample is 
representative of the FMR area's rental housing stock. All survey 
results must be fully documented.
    The cost of an RDD survey may vary, depending on the 
characteristics of the telephone system used in the FMR area. RDDs (and 
simplified telephone surveys) of some non-metropolitan areas have been 
unusually expensive because of telephone system characteristics. A PHA 
or contractor that cannot obtain the recommended number of sample 
responses after reasonable efforts should consult with HUD before 
abandoning its survey; in such situations HUD is prepared to relax 
normal sample size requirements.

Other Matters

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
as required by the National Environmental Policy Act (42 U.S.C. 4321-
4374) is unnecessary, since the Section 8 Rental Certificate Program is 
categorically excluded from the Department's National Environmental 
Policy Act procedures under 24 CFR 50.20(d).

Regulatory Flexibility Act

    The undersigned, in accordance with the Regulatory Flexibility Act 
(5 U.S.C. 605(b)), hereby certifies that this notice does not have a 
significant economic impact on a substantial number of small entities, 
because FMRs do not change the rent from that which would be charged if 
the unit were not in the Section 8 Program.

Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 13132, Federalism, has determined that this notice 
will not involve the preemption of State law by Federal statute or 
regulation and does not have Federalism implications. The Fair Market 
Rent schedules do not have any substantial direct impact on States, on 
the relationship between the Federal government and the States, or on 
the distribution of power and responsibility among the various levels 
of government.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program number is 
14.156, Lower-Income Housing Assistance Program (Section 8).


    Dated: September 15, 2000.
Andrew Cuomo,
Secretary.

    Accordingly, the Fair Market Rent Schedules,which will not be 
codified in 24 CFR Part 888, are amended as follows:

Fair Market Rents for the Housing Choice Voucher Program Schedules B 
and D--General Explanatory Notes

1. Geographic Coverage

    a. Metropolitan Areas--FMRs are housing market-wide rent 
estimates that are intended to provide housing opportunities 
throughout the geographic area in which rental housing units are in 
direct competition. The FMRs shown in Schedule B incorporate OMB's 
most current definitions of metropolitan areas, with the exceptions 
discussed in paragraph (b). HUD uses the OMB Metropolitan 
Statistical Area (MSA) and Primary Metropolitan Statistical Area 
(PMSA) definitions for FMR areas because they closely correspond to 
housing market area definitions.
    b. Exceptions to OMB Definitions--The exceptions are counties 
deleted from several large metropolitan areas whose revised OMB 
metropolitan area definitions were determined by HUD to be larger 
than the housing market areas. The FMRs for the following counties 
(shown by the metropolitan area) are calculated separately and are 
shown in Schedule B within their respective States under the 
``Metropolitan FMR Areas'' listing:

Metropolitan Area and Counties Deleted

Chicago, IL
    DeKalb, Grundy and Kendall Counties
Cincinnati-Hamilton, OH-KY-IN
    Brown County, Ohio; Gallatin, Grant and Pendleton Counties in 
Kentucky; and Ohio County, Indiana
Dallas, TX
    Henderson County
Flagstaff, AZ-UT
    Kane County, UT
New Orleans, LA
    St. James Parish
Washington, DC-MD-VA-WV
    Berkeley and Jefferson Counties in West Virginia; and Clarke, 
Culpeper, King George and Warren Counties in Virginia
    c. Nonmetropolitan Area FMRs--FMRs also are established for 
nonmetropolitan counties and for county equivalents in the United 
States, for nonmetropolitan parts of counties in the New England 
states and for FMR areas in Puerto Rico, the Virgin Islands and the 
Pacific Islands.
    d. Virginia Independent Cities--FMRs for the areas in Virginia 
shown in the table below were established by combining the Census 
data for the nonmetropolitan counties with the data for the 
independent cities that are located within the county borders. 
Because of space limitations, the FMR listing in Schedule B includes 
only the name of the nonmetropolitan County. The full definitions of 
these areas, including the independent cities, are as follows:

Virginia Nonmetropolitan County FMR Area and Independent Cities Included
                               With County
------------------------------------------------------------------------
                  County                               Cities
------------------------------------------------------------------------
Allegheny.................................  Clifton Forge and Covington.
Augusta...................................  Staunton and Waynesboro.
Carroll...................................  Galax.
Frederick.................................  Winchester.
Greensville...............................  Emporia.
Henry.....................................  Martinsville.
Montgomery................................  Radford.
Rockbridge................................  Buena Vista and Lexington.
Rockingham................................  Harrisonburg.
Southhampton..............................  Franklin.
Wise......................................  Norton.
------------------------------------------------------------------------

2. Bedroom Size Adjustments

    Schedule B shows the FMRs for 0-bedroom through 4-bedroom units. 
The FMRs for unit sizes larger than 4 bedrooms are calculated by adding 
15 percent to the 4-bedroom FMR for each extra bedroom. For example, 
the FMR for a 5-bedroom unit is 1.15 times the 4-bedroom FMR, and the 
FMR for a 6-bedroom unit is 1.30 times the 4 bedroom FMR. FMRs for 
single-room-occupancy (SRO) units are 0.75 times the 0 bedroom FMR.

3. FMRs for Manufactured Home Spaces

    FMRs for manufactured home spaces in the Housing Choice Voucher 
program are 40 percent of the two-bedroom Housing Choice Voucher 
program FMRs, with the exception of the areas listed in Schedule D 
whose manufactured home space FMRs have been modified on the basis of 
public comments. Once approved, the revised manufactured home space 
FMRs establish new base-year estimates that are updated annually using 
the same data used to estimate the Housing Choice Voucher program FMRs. 
The FMR area definitions used for the rental of manufactured home 
spaces are the same as the area definitions used for the other FMRs.

4. Arrangement of FMR Areas and Identification of Constituent Parts

    a. The FMR areas in Schedule B are listed alphabetically by 
metropolitan FMR area and by nonmetropolitan county within each State. 
The exception FMRs for manufactured home spaces in

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Schedule D are listed alphabetically by State.
    b. The constituent counties (and New England towns and cities) 
included in each metropolitan FMR area are listed immediately following 
the listings of the FMR dollar amounts. All constituent parts of a 
metropolitan FMR area that are in more than one State can be identified 
by consulting the listings for each applicable State.
    c. Two nonmetropolitan counties are listed alphabetically on each 
line of the nonmetropolitan county listings.
    d. The New England towns and cities included in a nonmetropolitan 
part of a county are listed immediately following the county name.
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[FR Doc. 00-24333 Filed 9-22-00; 8:45 am]
BILLING CODE 4210-62-C