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<br />,. <br /> <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 report and FIRM. However, inquiries regarding data other than the proposed <br />BFE determinations (e.g., incorrect street names, typographical errors, omissions) will be considered by <br />FEMA, and any applicable changes will be made before the revised FIS report and FIRM become <br />effective. <br /> <br />Private persons who wish to appeal should present data that tend to negate or contradict our findings to you <br />in such form as you may specify. We ask that you review and consolidate any appeal data you may <br />receive, and issue a written opinion stating whether the evidence presented is sufficient to justify an official <br />appeal on behalf of such persons by your community in its own name. Whether or not your community <br />decides to appeal, you must send copies of appeal data from individuals, if any, to this office as they are <br />received. <br /> <br />If we do not receive an appeal from your community in its own name within 90 days of the second date <br />of public notification, we shall consolidate and review on their own merits such appeal data from <br />individuals that you may forward to us, and we shall make such modifications to the proposed BFE <br />determinations as may be appropriate. If your community decides to appeal in its own name, all <br />individuals' appeal data must be consolidated into one appeal by you, because, in this event, we are <br />required to deal only with the local government as representative of all local interests. Our final decision <br />will be in writing to you, and copies will be sent to each individual appellant and to the state coordinating <br />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 information upon which the proposed BFE determinations <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 determined by FEMA. <br /> <br />The reports and other information used in making the final determination 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 17, 1997, 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 determinations in the <br />above-named newspaper. <br /> <br />You may find it appropriate to call further attention to the proposed BFE determinations and to the appeal <br />procedure by using a press release or other public notice. <br /> <br />If warranted by substantive changes, this office will send to you during the appeal period revised copies <br />of the FIS report and FIRM. At the end of the 90-day appeal period and following the resolution of any <br />appeals, we shall send you a letter of final BFE determinations. <br />