Federal Register Notice for Technical Revisions to the SSI Regulations

Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Proposed Rules
01803; e-mail: [email protected];
telephone (781) 238–7175; fax (781) 238–
7199, for more information about this AD.
Issued in Burlington, Massachusetts, on
December 2, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E8–29102 Filed 12–8–08; 8:45 am]
BILLING CODE 4910–13–P

SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA 2008–0034]
RIN 0960–AG66

Technical Revisions to the
Supplemental Security Income (SSI)
Regulations on Income and Resources
AGENCY: Social Security Administration.
ACTION: Notice of proposed rulemaking.

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SUMMARY: We propose to amend our
Supplemental Security Income (SSI)
regulations by making technical
revisions to our rules on income and
resources. Many of these revisions
reflect legislative changes found in the
Consolidated Appropriations Act of
2001, the Economic Growth and Tax
Relief Reconciliation Act of 2001
(EGTRRA), an amendment to the
National Flood Insurance Act of 1968,
the Energy Employees Occupational
Illness Compensation Program Act of
2000, and the Social Security Protection
Act of 2004 (SSPA). We further propose
to amend the SSI home exclusion rules
to extend the home exclusion to
individuals who, because of domestic
abuse, leave a home that would
otherwise be an excludable resource.
Finally, we propose to update our
‘‘conditional-payment’’ rule to eliminate
the liquid resource requirement as a
prerequisite to receiving conditional
payments.
DATES: To be sure that we consider your
comments, we must receive them no
later than February 9, 2009.
ADDRESSES: You may submit comments
by any one of four methods—Internet,
facsimile, regular mail, or handdelivery. Commenters should not
submit the same comments multiple
times or by more than one method.
Regardless of which of the following
methods you choose, please state that
your comments refer to Docket No. SSA
2008–0034 to ensure that we can
associate your comments with the
correct regulation:
1. Federal eRulemaking portal at
http://www.regulations.gov. (This is the

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most expedient method for submitting
your comments, and we strongly urge
you to use it.) In the ‘‘Search
Documents’’ section of the Web page,
type ‘‘SSA 2008–0034’’, select ‘‘Go,’’
and then click ‘‘Send a Comment or
Submission.’’ The Federal eRulemaking
portal issues you a tracking number
when you submit a comment.
2. Telefax to (410) 966–2830.
3. Letter to the Commissioner of
Social Security, P.O. Box 17703,
Baltimore, MD 21235–7703.
4. Deliver your comments to the
Office of Regulations, Social Security
Administration, 922 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, between 8 a.m.
and 4:30 p.m. on regular business days.
All comments are posted on the
Federal eRulemaking portal, although
they may not appear for several days
after receipt of the comment. You may
also inspect the comments on regular
business days by making arrangements
with the contact person shown in this
preamble.
Caution: All comments we receive
from members of the public are
available for public viewing on the
Federal eRulemaking portal at http://
www.regulations.gov. Therefore, you
should be careful to include in your
comments only information that you
wish to make publicly available on the
Internet. We strongly urge you not to
include any personal information, such
as your Social Security number or
medical information, in your comments.
FOR FURTHER INFORMATION CONTACT:
Donna Gonzalez, Social Insurance
Specialist, Social Security
Administration, Office of Income
Security Programs, 252 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
7961, for information about this notice.
For information on eligibility or filing
for benefits, call our national toll-free
number, 1–800–772–1213 or TTY 1–
800–325–0778, or visit our Internet site,
Social Security Online, at http://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at http://
www.gpoaccess.gov/fr/index.html.
Background
The primary goal of the SSI program
is to ensure a minimum level of income
to people who are age 65 or older, blind,
or disabled, and who have limited
income and resources. The law provides
that SSI payments can be made only to

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people who have income and resources
below specified amounts. Therefore, an
individual’s income and resources are
major factors in deciding whether the
individual is eligible to receive SSI
payments and in computing the amount
of those payments.
Consolidated Appropriations Act of
2001, Public Law 106–554
This law amended section 1612(a)(1)
of the Social Security Act (the Act) (42
U.S.C. 1382a(a)(1)) to change how we
treat statutory employees under the SSI
program. See Public Law 106–554, app.
A, § 519 (Dec. 21, 2000). Statutory
employees are certain independent
contractors, including agent-drivers or
commission-drivers, certain full-time
life insurance salespersons, home
workers, and traveling or city
salespersons. Act at § 210(j)(3) (42
U.S.C. 410(j)(3)). We consider such
individuals, by statute, to be employees,
rather than self-employed independent
contractors, for wage and income
purposes. Previously, we treated
statutory employees the same as
employees for SSI eligibility and
payment-amount purposes. For such
employees, we considered their wages
as their earned income. After this
change to the Act, we now count as
earned income the net earnings of selfemployed individuals, including
statutory employees, thereby allowing
them to deduct business expenses
before calculating their income. This
provision became effective for tax years
beginning on or after January 1, 2001.
Economic Growth and Tax Relief
Reconciliation Act of 2001, Public Law
107–16 (EGTRRA)
The EGTRRA excludes the payment of
a refundable child tax credit (CTC) from
income for purposes of eligibility for
public benefits funded in whole or part
with Federal funds. Public Law 107–16,
§ 203, 115 Stat. 49 (June 7, 2001)
(referring to Internal Revenue Code § 24,
26 U.S.C. 24). Such a payment is also
excluded from resources for these
purposes during the month the payment
is received and the following month.
This change became effective for SSI
purposes for taxable years beginning on
or after January 1, 2001.
Social Security Protection Act of 2004
(SSPA), Public Law 108–203
The SSPA amended the Act to create
a uniform 9-month resource exclusion
period for certain tax refunds and for
any unspent portion of past-due Social
Security and SSI payments. Act at
§ 1613(a)(7) (42 U.S.C. 1382b(a)(7)), as
amended by Public Law 108–203, § 431
(Mar. 2, 2004). This amendment

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Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Proposed Rules

expands the exclusion established by
the EGTRRA discussed above. In
accordance with this provision, we
published final rules in the Federal
Register at 70 FR 41,135 (July 18, 2005),
amending our resource exclusion rules
at title 20, chapter III, part 416, subpart
L of the Code of Federal Regulations.
When we amended the regulations, we
included this exclusion under
§ 416.1236(a), titled ‘‘Exclusions from
resources; provided by other statutes’’
and added a new paragraph (24). As this
exclusion is now required by the Act
itself, we propose to amend our rules so
that they correctly reflect the source of
this exclusion.
Amendment to the National Flood
Insurance Act of 1968, Public Law
109–64
The National Flood Insurance Act
provides that payments made for flood
mitigation activities are not counted as
income or resources when determining
eligibility and benefit amounts for any
Federal means-tested program. National
Flood Insurance Act, § 1324, as
amended by Public Law 109–64, § 1
(Jan. 7, 2005). Effective October 1, 2005,
this provision applies to SSI eligibility
and payment-amount determinations.
Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001,
Public Law 106–398
In October 2000, the Energy
Employees Occupational Illness
Compensation Program Act (EEOICPA)
was established. Public Law 106–398,
§ 1, app., title XXXVI (Oct. 30, 2000)
(section 1 adopting as Appendix H.R.
5408). Section 3646 of the Appendix
provided that medical benefits and
compensation payments made under the
EEOICPA are not counted as income or
resources for purposes of determining
eligibility to receive, or for determining
the amount of, certain Federal benefits,
including SSI. This provision became
effective on July 31, 2001.

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Domestic Violence Resource Exclusion
Section 1613(a)(1) of the Act excludes
from resources an individual’s home
and associated land. Regulations
provide that the home is excluded so
long as it serves as the individual’s
principal place of residence or the
individual maintains an active intent to
return to the residence. The home also
is not counted as a resource, regardless
of the individual’s intent to return, if the
individual resides in an institution and
a spouse or dependent relative
continues to maintain residence in the
home during the period of
institutionalization.

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Advocacy groups have expressed
concern regarding the counting of a
home as a resource in instances where
a victim of domestic abuse leaves the
home and resides elsewhere. We agree
with these concerns because, currently,
an individual fleeing from domestic
abuse may return to a potentially
dangerous home environment simply to
avoid losing SSI because of an
ownership interest in the home.
Therefore, we intend to amend our rules
to address these concerns and provide
that, when an individual has fled his or
her home and provides evidence of
domestic abuse, the home would remain
an excludable resource despite the
fleeing individual’s physical absence
from, and continuing ownership interest
in, the home. This exclusion would
continue until such time as the
individual establishes a new principal
place of residence or otherwise takes
action rendering the home no longer
excludable. This change would
eliminate the need for SSA to develop
a domestic abuse victim’s intent to
return and eliminate a potential
financial disincentive to those
attempting to leave an abusive situation.
Conditional Payments
Section 1613(b) of the Act, titled
‘‘Disposition of Resources,’’ gives the
Agency broad authority to establish
conditional-payment rules by
regulation. Under this authority, we
have created an exception to our
ordinary resource rules. Part 416,
subpart L, § 416.1240—§ 416.1245. This
exception allows us to pay monthly SSI
payments in certain circumstances
when an individual possesses excess
non-liquid resources. Individuals who
meet all but the resource requirements
for SSI may have little or nothing on
which to live if most of their resources
are non-liquid and difficult to convert to
cash. The conditional-payment
provision is used to provide individuals
a period of time in which to sell such
non-liquid resources and convert them
to cash. We condition these payments
on the individual’s written agreement to
sell excess non-liquid resources during
that period and repay the conditional
payments with the proceeds.
A prerequisite for receiving
conditional payments is that the
individual may not have countable
liquid resources in excess of one-fourth
the annual Federal benefit rate (FBR),
which we commonly refer to as ‘‘3 times
the monthly FBR.’’ The original purpose
of the liquid-resource limit was to
ensure that the individual truly needed
the conditional-payment period.
Because the disposal period for nonliquid resources other than real property

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is 3 months, we assumed that if the
individual did not have liquid resources
equal to 3 months worth of SSI
payments, he had inadequate resources
for day-to-day expenses and needed to
dispose of some non-liquid resources for
support. Conversely, if the individual
had liquid resources worth more than
three times the FBR, then he had
adequate resources and did not need
conditional payments.
Originally, 3 months worth of SSI
payments was equal to only about 32%
of the resource limit. However, since we
established this rule over 30 years ago,
the FBR has increased annually and the
resource limit has grown slowly or not
at all. The difference between the
statutory resource limit and 3 times the
FBR is now negligible—3 times the FBR
now equals $1,911 or 96% of the
resource limit. In 2009 the limit on
liquid resources for conditional
payments will exceed the statutory limit
on total resources and therefore become
meaningless. Accordingly, we are
proposing to eliminate the liquidresource test as a prerequisite for
receiving conditional payments.
Eliminating this requirement will
simplify our conditional-payments
provision.
Explanation of Proposed Changes
We propose the following changes to
our rules on determining income and
resources under the SSI program.
Revisions to Subpart K—Income
We propose revising § 416.1110(b) to
update the definition of net earnings
from self-employment to include the
earnings of statutory employees, as
provided under section 519 of the
Consolidated Appropriations Act of
2001.
Revisions to Appendix Subpart K—
Income Excluded by Federal Laws
Other Than the Act
At the end of part 416, subpart K, we
maintain an appendix, which lists types
of income excluded under the SSI
program as provided by Federal laws
other than the Act. We update this list
periodically; however, we apply the law
in effect due to changes in Federal
statutes, whether or not the list in the
appendix has been amended to reflect
the statutory changes. We propose
revising the appendix to subpart K by
adding three new paragraphs under the
heading ‘‘V. Other,’’ which set forth SSI
income exclusions as follows:
• New paragraph (m) would reflect
the exclusion of a payment of a
refundable CTC made to an individual
under section 24 of the Internal Revenue
Code of 1986, as provided in section 203

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Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Proposed Rules

74665

of the EGTRRA, Public Law 107–16, 26
U.S.C. 24 note;
• New paragraph (n) would reflect the
exclusion of payments made for flood
mitigation activities pursuant to section
1324 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4031), as added
by Public Law 109–64;
• New paragraph (o) would reflect the
exclusion of payments made to
individuals under the EEOICPA of 2000
(42 U.S.C. 7385e).

eliminate the limitation on liquid
resources within our SSI conditionalpayment rule.

(Catalog of Federal Domestic Assistance
Program No. 96.006, Supplemental Security
Income)

Clarity of These Proposed Rules

List of Subjects in 20 CFR Part 416

Executive Order (E.O.) 12866, as
amended, requires each agency to write
all rules in plain language. In addition
to your substantive comments on these
final rules, we invite your comments on
how to make them easier to understand.

Administrative practice and
procedure; Aged, Blind, Disability
benefits; Public Assistance programs;
Reporting and recordkeeping
requirements; Supplemental Security
Income (SSI).

Revisions to Subpart L—Resources and
Exclusions
We propose amending § 416.1235,
which currently refers to an exclusion of
the earned income tax credit, by
revising this section to read ‘‘Exclusion
of certain payments related to tax tax
credits.’’ This section would contain
exclusions for payments related to the
earned income credit and a new
paragraph describing the exclusion for
the payment of a refundable CTC, which
is currently in our rules at
§ 416.1236(a)(24).
Section 416.1210 provides a list of
general resources that we do not count
when determining SSI eligibility. We
propose adding a new paragraph (v) to
describe the exclusion for the payment
of a refundable CTC, with a reference to
§ 416.1235.
Section 416.1236(a) lists resource
exclusions in the SSI program provided
by other statutes. We propose removing
current paragraph (24) from this section,
which excludes from resources the
payment of a refundable CTC, and we
propose adding this exclusion to
§ 416.1235. We propose adding a new
paragraph (24) and adding paragraph
(25) to respectively reflect the
exclusions of payments for flood
mitigation activities made pursuant to
section 1324 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4031)
and payments made to individuals
under the EEOICPA of 2000 (42 U.S.C.
7385e).
We also propose adding a new
paragraph to § 416.1212 to extend the
home exclusion to victims of domestic
abuse who flee an abusive situation, but
maintain an ownership interest in an
otherwise excluded home. This
exclusion would continue until the
individual establishes a new principal
place of residence or takes other action
rendering the home no longer
excludable.
Finally, our current rule at
§ 416.1240(a)(1) provides that, as a
prerequisite to qualifying for
conditional payments, an individual’s
total countable liquid resources may not
exceed one-fourth the annual FBR. We
propose amending § 416.1240(a) to

For Example:
• Have we organized the material to
suit your needs?
• Are the requirements in the rules
clearly stated?
• Do the rules contain technical
language or jargon that is not clear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rules easier to
understand?
• Would more (but shorter) sections
be better?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rules easier to understand?

Dated: September 17, 2008.
Michael J. Astrue,
Commissioner of Social Security.

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When Will We Start To Use These
Rules?
We will not use these rules until we
evaluate the public comments we
receive on them, determine whether
they should be issued as final rules, and
issue final rules in the Federal Register.
If we publish final rules, we will
explain in the preamble how we will
apply them, and summarize and
respond to the public comments. Until
the effective date of any final rules, we
will continue to use our current rules.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of
Management and Budget (OMB) and
determined that these proposed rules
meet the criteria for a significant
regulatory action under Executive Order
12866, as amended. Thus, they were
subject to OMB review.
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small entities
as they affect individuals only.
Therefore, a regulatory flexibility
analysis as provided in the Regulatory
Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These proposed rules impose no
reporting or recordkeeping requirements
subject to OMB clearance.

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For the reasons set forth in the
preamble, we propose to amend
subparts K and L of part 416 of chapter
III of title 20 of the Code of Federal
Regulations as follows:
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart K—[Amended]
1. The authority citation for subpart K
of part 416 continues to read as follows:
Authority: Secs. 702(a)(5), 1602, 1611,
1612, 1613, 1614(f), 1621, 1631, and 1633 of
the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,
1383, and 1383b); sec. 211, Pub. L. 93–66, 87
Stat. 154 (42 U.S.C. 1382 note).

2. Revise § 416.1110 paragraph (b) to
read as follows:
§ 416.1110

What is earned income.

*

*
*
*
*
(b) Net earnings from selfemployment. Net earnings from selfemployment are your gross income from
any trade or business that you operate,
less allowable deductions for that trade
or business. Net earnings also include
your share of profit or loss in any
partnership to which you belong. For
taxable years beginning before January
1, 2001, net earnings from selfemployment under the SSI program are
the same net earnings that we would
count under the social security
retirement insurance program and that
you would report on your Federal
income tax return. (See § 404.1080 of
this chapter.) For taxable years
beginning on or after January 1, 2001,
net earnings from self-employment
under the SSI program will also include
the earnings of statutory employees. In
addition, for SSI purposes only, we
consider statutory employees to be selfemployed individuals. Statutory
employees are agent- or commissiondrivers, certain full-time life insurance
salespersons, home workers, and
traveling or city salespersons. (See
§ 404.1008 of this chapter for a more

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Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Proposed Rules

detailed description of these types of
employees.)
*
*
*
*
*
Appendix to Subpart K of Part 416—
[Amended]
3. Amend the appendix to subpart K
of part 416 by adding new paragraphs
(m), (n), and (o) under Part V as follows:
Appendix to Subpart K of Part 416—
List of Types of Income Excluded Under
the SSI Program as Provided by Federal
Laws Other Than the Social Security
Act

§ 416.1212

*

*

*

*

*

*

*

*

*

V. Other

*

*

(m) Payments of the refundable child tax
credit made under section 24 of the Internal
Revenue Code of 1986, pursuant to section
203 of the Economic Growth and Tax Relief
Reconciliation Act of 2001, Public Law 107–
16 (115 Stat. 49, 26 U.S.C. 24 note).
(n) Assistance provided for flood
mitigation activities as provided under
section 1324 of the National Flood Insurance
Act of 1968, pursuant to section 1 of Public
Law 109–64 (119 Stat. 1997, 42 U.S.C. 4031).
(o) Payments made to individuals under
the Energy Employees Occupational Illness
Compensation Program Act of 2000, pursuant
to section 1 [Div. C, Title XXXVI, section
3646] of Public Law 106–398 (114 Stat.
1654A–510, 42 U.S.C. 7385e).

Subpart L—[Amended]
4. The authority citation for subpart L
of part 416 continues to read as follows:
Authority: Secs. 702(a)(5), 1602, 1611,
1612, 1613, 1614(f), 1621, 1631, and 1633 of
the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,
1383, and 1383b); sec. 211, Pub. L. 93–66, 87
Stat. 154 (42 U.S.C. 1382 note).

5. Amend § 416.1210 by adding a
comma in the introductory sentence
after ‘‘(and spouse, if any)’’, removing
‘‘and’’ from the end of paragraph (t),
replacing the period at the end of
paragraph (u) with a semicolon followed
by ‘‘and’’, and adding a new paragraph
(v) as follows:
§ 416.1210
general.

Exclusions from resources;

*

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D. Amending newly designated
paragraph (e)(2)(iii), by removing the
reference ‘‘paragraph (f)’’ and adding the
reference ‘‘paragraph (g)’’ in its place;
and
E. Amending newly designated
paragraph (f), by removing the reference
‘‘paragraph (d)(2)(ii) of this section’’ and
adding the reference, ‘‘paragraph
(e)(2)(iii) of this section’’ in its place,
and by removing the reference
‘‘paragraph (f)’’ and adding the reference
‘‘paragraph (g)’’ in its place.

*
*
*
*
(v) Payment of a refundable child tax
credit, as provided in § 416.1235.
6. Amend § 416.1212 by:
A. Redesignating current paragraphs
(d) through (g) as (e) through (h);
B. Adding a new paragraph (d) to read
as set forth below;
C. Amending newly designated
paragraph (e)(2)(ii), by removing the
reference ‘‘paragraph (e)’’ and adding
the reference ‘‘paragraph (f)’’ in its
place;

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Exclusion of the home.

*
*
*
*
(d) If an individual leaves the
principal place of residence due to
domestic abuse. If an individual moves
out of his or her home without the
intent to return, but is fleeing the home
as a victim of domestic abuse, we will
not count the home as a resource in
determining the individual’s eligibility
to receive, or continue to receive, SSI
payments. In that situation, we will
consider the home to be the individual’s
principal place of residence until such
time as the individual establishes a new
principal place of residence or
otherwise takes action rendering the
home no longer excludable.
*
*
*
*
*
7. Revise § 416.1235 to read as
follows:
§ 416.1235 Exclusion of certain payments
related to tax credits.

(a) In determining the resources of an
individual (and spouse, if any), we
exclude for the 9 months following the
month of receipt the following funds
received on or after March 2, 2004, the
unspent portion of:
(1) Any payment of a refundable
credit pursuant to section 32 of the
Internal Revenue Code (relating to the
earned income tax credit);
(2) Any payment from an employer
under section 3507 of the Internal
Revenue Code (relating to advance
payment of the earned income tax
credit); or
(3) Any payment of a refundable
credit pursuant to section 24 of the
Internal Revenue Code (relating to the
child tax credit).
(b) Any unspent funds described in
paragraph (a) that are retained until the
first moment of the tenth month
following their receipt are subject to
resource counting at that time.
(c) Exception: For any payments
described in paragraph (a) received
before March 2, 2004, we will exclude
for the month following the month of
receipt the unspent portion of any such
payment.

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8. Amend § 416.1236 by revising
paragraph (a) (24) and adding new
paragraph (a) (25) to read as follows:
§ 416.1236 Exclusions from resources;
provided by other statutes.

(a) * * *
(24) Assistance provided for flood
mitigation activities under section 1324
of the National Flood Insurance Act of
1968, pursuant to section 1 of Public
Law 109–64 (119 Stat. 1997, 42 U.S.C.
4031).
(25) Payments made to individuals
under the Energy Employees
Occupational Illness Compensation
Program Act of 2000, pursuant to
section 1 [Div. C. Title XXXVI, section
3646] of Public Law 106–398 (114 Stat.
1654A–510, 42 U.S.C. 7385e).
*
*
*
*
*
9. Amend § 416.1240 by revising
paragraph (a) to read as follows:
§ 416.1240

Disposition of resources.

(a) Where the resources of an
individual (and spouse, if any) are
determined to exceed the limitations
prescribed in § 416.1205, such
individual (and spouse, if any) shall not
be eligible for payment except under the
conditions provided in this section.
Payment will be made to an individual
(and spouse, if any) if the individual
agrees in writing to:
(1) Dispose of, at current market
value, the nonliquid resources (as
defined in § 416.1201(c)) in excess of
the limitations prescribed in § 416.1205
within the time period specified in
§ 416.1242; and
(2) Repay any overpayments (as
defined in § 416.1244) with the
proceeds of such disposition.
*
*
*
*
*
[FR Doc. E8–28618 Filed 12–8–08; 8:45 am]
BILLING CODE 4191–02–P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–1022]

Proposed Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
SUMMARY: Comments are requested on
the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and
proposed BFE modifications for the

E:\FR\FM\09DEP1.SGM

09DEP1