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7.4 Proposed flood elevation determina- tion. rhe Administrator shall propose .od elevation determinations In the [lowing manner: a) Publication of the proposed flood ,vatlon determination for comment the FEDERAL REGISTER; 'b) Notification by certified mall, Gum receipt requested, of the pro- sed flood elevation determination to e CEO; and :c) Publication of the proposed flood ~vation determination in a promi- nt local newspaper at le...t twice 'ring the ten day period immediately [lowing the notification of the CEO. L FR 46989. Oct. 26. 1976. RedesIgnat.ed at FR 31177. May 31. 1979. and amended at FR 44553. Sept. 29. 1983; 49 FR 4151. b.8,1984J !:DITORIAL NOTE: For references to FR ges Showing lists ot flood elevation deter- nations. see the LIst of em Sections Af. :ted appearing in the Finding Aids section this volume. .7.5 Right oCappealo :a) Any owner or lessee of real prop- ty, within a community where a pro- Ised flood elevation determination ~ been made pursuant to section 63 of the National Flood Insurance ,t of 1968, ... amended, who believes s property rights to be adversely M- eted by the Administrator's pro- 'sed determination, may file a writ- n appeal of such determination with e CEO, or such agency as he shall .blicly designate, within ninety days the second newspaper pUblication the Administrator's proposed deter- ination. FIt 46989, Oct. 26, 1976. Redesignated at FR 31177. May 31. 1979. and amended at FR 44553, Sept. 29, 1983: 49 FR 4751, , 8, 1984J 7.6 Basis of appeal. a) The sole b...is of appeal under part shall be the possession of owledge or information indicating t the elevations proposed by FEMA scientifically or technically Incor- t. Because scientific and technical rectness is often a matter of degree her than absolute (except where thematical or measurement error hanged physical conditions can be demonstrated), appellants are required to demonstrate that alt,crnative meth. ods or applications result in more cor- rect estimates of b...e flood elevationS, thus demonstrating that FEMA's esti- ' mates are incorrect. (bl Data requirements. (l) If an ap, pellant believes the proposed bllBe flood elevations are technically incor- rect due to a mathematical or meas- urement error or changed physical conditions, then the speCific source of the error must be identified. Support- ing data must be furnished to FEMA inCluding certifications by a registered professional engineer or licensed land surveyor. of the new data necessary for PEMA 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, hym-aulic or other methods or use of inferior data In applying such methods, the appeal must demonstrate technical incorrect- ness by: (j) Identifying the purported error In the application or the inferior data. (Ii) Supporting why the application Is incorrect or data is inferior. (lil) Providing an application of the same b...lc methods utilized by FEMA but with the changes itemized. (lV) Providing background technical support for the changes indicating why the appellant's application should be accepted as more correct. (v) Providing certification of correct- ness 0,( any alternate data utilized or measurements made <such as topo- graphic information) by a registered professional engineer or licensed land surveyor. and (vi) Providing documentation of all locations where the appellant's b...e flood elevations are different from FEMA's. (3) If any appellant believes the pro- posed base' flood elevatiol15 are scien- tifically Incorrect, the appeal must demonstrate scientific incorrectness by: (j) Identifying the methods, or lIB- SlUllptlOns purported to be scientifical- ly incorrect. (Ii) Supporting why the methods, or ll8SlUllptions are scientifically incor- rect. 366 -