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<br />2 <br /> <br />Appeals of the proposed BFEs shall be based solely on scientific or technical evidence contrary to that of <br />the proposed revised FIS and FIRM. However, inquiries regarding data other than the proposed BFE <br />detenninations (e.g., incorrect street names, typographical errors, omissions) will be considered by FEMA, <br />and any applicable changes will be made before the revised FIS and FIRM become effective. <br /> <br />If your community cannot submit technical data before the end of the 90-day appeal period, you may <br />nevertheless submit data at any time. If warranted, FEMA will revise the FIRM again after the effective <br />date. This means that the revised FIRM would be issued with the revised BFEs presently indicated, and <br />flood insurance purchase requirements would be enforced accordingly, until such time as another revision <br />could be made. <br /> <br />Private persons who wish to appeal should present data that tend to negate or contradict our [mdings to you <br />in such fonn as you may specifY. We ask that you review and consolidate any appeal data you may receive, <br />and issue a written opinion stating whether the evidence presented is sufficient to justifY an official appeal <br />on behalf of such persons by your community in its own name. Whether or not your community decides to <br />appeal, you must send copies of appeal data from individuals, if any, to this office as they are received, If <br />we do not receive an appeal from your community in its own name within 90 days of the second date of <br />public notification, we shall consolidate and review on their own merits such appeal data from individuals <br />that you may forward to us, and we shall make such modifications to the proposed BFE detenninations as <br />may be appropriate. If your community decides to appeal in its own name, all individuals' appeal data must <br />be consolidated intQ.one appeal by you, because, in this event, we are required to deal only with the local <br />government as representative of all local interests. Our final decision will be in writing to you, and copies <br />will be sent to each individual appellant and to the state coordinating agency. <br /> <br />The appeal resolution process will take into account any scientific or technical data submitted by your <br />community that tend to negate or contradict the infonnation upon which the proposed BFE detenninations <br />are based. The appeal will be resolved by consultation with officials of the local government involved, by <br />an administrative hearing, or by submission of the conflicting data to an independent scientific body or <br />appropriate Federal agency for advice. The method for resolution will be detennined by FEMA. <br /> <br />The reports and other infonnation used in making the final detennination will be made available for public <br />inspection. Until the conflict of data is resolved and the revised FIRM becomes effective, flood insurance <br />available within your community shall continue to be available under the currently effective FIRM dated <br />March 16, 1995, and no person shall be denied the right to purchase the applicable level of insurance at <br />chargeable rates. <br /> <br />The decision by your community to appeal, or a copy of its decision not to appeal, should be filed with this <br />office no later than 90 days following the second publication of the proposed BFE detenninations in the <br />above-named newspaper. <br /> <br />You may find it appropriate to call further attention to the proposed BFE detenninations and to the appeal <br />procedure by using a press release or other public notice. <br /> <br />Ifwarranted by substantive changes, during the appeal period this office will send you revised copies of the <br />FIS and FIRM. At the end of the 90-day appeal period and following the resolution of any appeals, we will <br />send you a letter of final BFE detenninations. <br />