[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR67.6]

[Page 344-345]
 
              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 
 
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

[[Page 345]]

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]