[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR67.6]



[Page 359]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 67_APPEALS FROM PROPOSED FLOOD ELEVATION DETERMINATIONS--Table of 

Contents

 

Sec. 67.6  Basis of appeal.



    (a) The sole basis of appeal under this part shall be the possession 

of knowledge or information indicating that the elevations proposed by 

FEMA are scientifically or technically incorrect. Because scientific and 

technical correctness is often a matter of degree rather than absolute 

(except where mathematical or measurement error or changed physical 

conditions can be demonstrated), appellants are required to demonstrate 

that alternative methods or applications result in more correct 

estimates of base flood elevations, thus demonstrating that FEMA's 

estimates are incorrect.

    (b) Data requirements. (1) If an appellant believes the proposed 

base flood elevations are technically incorrect due to a mathematical or 

measurement error or changed physical conditions, then the specific 

source of the error must be identified. Supporting data must be 

furnished to FEMA including certifications by a registered professional 

engineer or licensed land surveyor, of the new data necessary for FEMA 

to conduct a reanalysis.

    (2) If an appellant believes that the proposed base flood elevations 

are technically incorrect due to error in application of hydrologic, 

hydraulic or other methods or use of inferior data in applying such 

methods, the appeal must demonstrate technical incorrectness by:

    (i) Identifying the purported error in the application or the 

inferior data.

    (ii) Supporting why the application is incorrect or data is 

inferior.

    (iii) Providing an application of the same basic methods utilized by 

FEMA but with the changes itemized.

    (iv) Providing background technical support for the changes 

indicating why the appellant's application should be accepted as more 

correct.

    (v) Providing certification of correctness of any alternate data 

utilized or measurements made (such as topographic information) by a 

registered professional engineer or licensed land surveyor, and

    (vi) Providing documentation of all locations where the appellant's 

base flood elevations are different from FEMA's.

    (3) If any appellant believes the proposed base flood elevations are 

scientifically incorrect, the appeal must demonstrate scientific 

incorrectness by:

    (i) Identifying the methods, or assumptions purported to be 

scientifically incorrect.

    (ii) Supporting why the methods, or assumptions are scientifically 

incorrect.

    (iii) Providing an alternative analysis utilizing methods, or 

assumptions purported to be correct.

    (iv) Providing technical support indicating why the appellant's 

methods should be accepted as more correct and

    (v) Providing documentation of all locations where the appellant's 

base flood elevations are different from FEMA's.



[48 FR 31644, July 1, 1983]