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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
sufficiency for garnishment of wages
and pay records: Commanding Officer,
USCG, Personnel Services Center, 444
SE Quincy Street, Topeka, KS 66683–
3591. For data added to the
decentralized data segment the
commanding officer, officer-in-charge of
the unit handling the individual’s pay
and personnel record, or Chief,
Administrative Services Division for
individuals whose records are handled
by USCG Headquarters 2100 2nd Street,
SW., Washington, DC 20593–0001.
For NOAA members: National
Oceanic and Atmospheric
Administration, Commissioned
Personnel Division, 11400 Rockville
Pike, Rockville, MD 20852.
For Officers of the Commissioned
Corps, United States Public Health
Service Office of Commissioned Corps
Operations, 1100 Wootton Parkway,
Suite 100, Rockville, MD 20852.
When seeking records about yourself
from this system of records or any other
USCG system of records your request
must conform with the Privacy Act
regulations set forth in 6 CFR part 5.
You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
http://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
USCG may not be able to conduct an
effective search, and your request may
be denied due to lack of specificity or
lack of compliance with applicable
regulations.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Individuals, USCG personnel officials,
National Oceanic and Atmospheric

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Administration personnel officials, the
Department of Defense, Commissioned
Corp of Public Health Service personnel
officials, previous employers,
educational institutions, court records,
and test results.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29793 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0088]

Privacy Act of 1974; Federal
Emergency Management Agency—003
National Flood Insurance Program
Files System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate five legacy
record systems and a new program into
a Department of Homeland Security
system of records notice titled,
Department of Homeland Security
Federal Emergency Management
Agency—003 National Flood Insurance
Program Files: FEMA/FIMA–2 National
Flood Insurance Direct Servicing Agent
Application and Related Documents
Files (January 23, 2002); FEMA/FIMA–
3 National Flood Insurance Bureau and
Statistical Agent (BSA) Data Elements
and Related Files (January 23, 2002);
FEMA/FIMA–6 National Flood
Insurance Special Direct Facility
Repetitive Loss Target Group Records
and Related Files (January 23, 2002);
FEMA/FIMA–7 National Flood
Insurance Community Rating System
and Related Documents Files (January
23, 2002); and FEMA/FIA–2 National
Flood Insurance Application and
Related Documents Files (January 23,
2002), and the newly created National
Flood Insurance Program
Modernization, Business Process
Improvement, and Systems Engineering
Management Systems. This system will
enable the Department of Homeland
Security to administer the Federal
Emergency Management Agency
National Flood Insurance Program.
Categories of individuals, categories of

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records, and the routine uses of these
legacy system of records notices have
been consolidated and updated to better
reflect the Department of Homeland
Security’s Federal Emergency
Management Agency National Flood
Insurance Program record systems. This
system will be included in the
Department’s inventory of record
systems.
DATES: Written comments must be
submitted on or before January 20, 2009.
This new system will be effective
January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0088 by one of the following
methods:
• Federal e-Rulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
http://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Federal Emergency Management Agency
Acting Privacy Officer, Federal
Emergency Management Agency. For
privacy issues please contact: Hugo
Teufel III (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA) has relied on
preexisting Privacy Act systems of
records notices for the collection and
maintenance of records pertaining to the
National Flood Insurance Program,
which is administered by DHS/FEMA.
In 1968, Congress created the National
Flood Insurance Program (NFIP) in
response to the rising cost of taxpayer
funded disaster relief for flood victims
and the increasing amount of damage
caused by floods. The Mitigation

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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices

Directorate, a component of FEMA,
manages the NFIP and oversees the
floodplain management and mapping
components of the Program.
Nearly 20,000 communities across the
United States and its territories
participate in the NFIP by adopting and
enforcing floodplain management
ordinances to reduce future flood
damage. In exchange, the NFIP makes
Federally-backed flood insurance
available to homeowners, renters, and
business owners in these communities.
Typically, a home or business owner
will seek flood insurance from an
insurance company that provides other
lines of business such as car insurance
or property and casualty homeowners
insurance. In other cases, a mortgage
lender will require flood insurance in
addition to regular homeowner’s
insurance. If a homeowner’s insurance
company participates in the NFIP’s
Write-Your-Own (WYO) Program, and
the home or business owner’s building
is located in a participating NFIP
community, the home or business
owner can purchase flood insurance.
This record system will allow DHS/
FEMA to collect and maintain records
regarding applicants, policyholders, and
others, including insurance agents,
associated with the National Flood
Insurance Program. The system will be
used by DHS to collect and maintain
records on applicants and beneficiaries
of the FEMA National Flood Insurance
Program, as well as others who are
involved in the National Flood
Insurance Program, including WYO
business transactions. The collection
and maintenance of this information
will assist DHS in meeting its obligation
to administer the FEMA National Flood
Insurance Program.
In accordance with the Privacy Act of
1974, DHS is giving notice that it
proposes to consolidate five legacy
record systems: FEMA/FIMA–2
National Flood Insurance Direct
Servicing Agent Application and
Related Documents Files (67 FR 3193
January 23, 2002), FEMA/FIMA–3
National Flood Insurance Bureau and
Statistical Agent (BSA) Data Elements
and Related Files (67 FR 3193 January
23, 2002), FEMA/FIMA–6 National
Flood Insurance Special Direct Facility
(SDF) Repetitive Loss Target Group
Records and Related Files (67 FR 3193
January 23, 2002), FEMA/FIMA–7
National Flood Insurance Community
Rating System and Related Documents
Files (67 FR 3193 January 23, 2002), and
FEMA/FIA–2 National Flood Insurance
Application and Related Documents
Files (67 FR 3193 January 23, 2002) into
a DHS/FEMA system of records notice
titled, Federal Emergency Management

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Agency National Flood Insurance
Program Files. This system will enable
DHS/FEMA to administer the National
Flood Insurance Program. Categories of
individuals, categories of records, and
the routine uses of these legacy system
of records notices have been
consolidated and updated to better
reflect DHS/FEMA’s National Flood
Insurance Program record systems. This
system will be included in DHS’s
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such files within the
agency. Below is the description of the
Federal Emergency Management Agency
National Flood Insurance Program Files
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this newly
revised system of records to the Office
of Management and Budget (OMB) and
to Congress.

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System of Records: DHS/FEMA–003
SYSTEM NAME:

Federal Emergency Management
Agency—003 National Flood Insurance
Program Files.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at the Federal
Emergency Management Agency
Headquarters in Washington, DC and in
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include applicants and
policyholders of flood insurance; Severe
Repetitive Loss (SRL) property owners
(previously known as ‘‘Repetitive Loss
Target Group’’ (RLTG)); insurance
companies and agents; WYO Companies
and lenders; communities that submit
Community Rating Survey (CRS)
applications; and certified flood
adjusters.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s name;
• Social security number;
• Addresses;
• Telephone numbers;
• E-mail address;
• Tax ID numbers;
• Insurance policy numbers and
information;
• Group Flood Insurance Program
(GFIP) Certificate Holders
• Property information:
Æ Bank/lender
Æ Date of mortgage
Æ Address of bank/lender
Æ Loan information, such as: loan
number, names and addresses of first
and possible second mortgagees, and
file or identification number of loan;
Æ Taxpayer’s identification number
• Administration records, such as:
transaction errors and rejects per WYO
Company, documents and photographs
necessary to substantiate a claim for
losses due to burglary or robbery,
reports of adjusters, and adjusters’ bills
paid by the program;
• Names and contact information of
insurance agents;
• Write Your Own Companies
(WYO’s);
• Severe Repetitive Loss (SRL)
property owners;
• Community Rating System (CRS)
applications to adjust NFIP insurance
premiums based on the mitigation of
activities implemented by a community;
• Names and contact information of
individuals seeking NFIP data; and

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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
• Data elements required for reporting
purposes under the FEMA Mitigation
Directorate Bureau and Statistical Agent
contract for private insurance
companies. Data elements include, but
are not limited to:
Æ Data elements regarding policy
reinstatement with/without policy
changes,
Æ Data elements regarding insurance
claims, and
Æ Data elements regarding payment of
claims.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The Federal Records Act, 44 U.S.C.
3101; National Flood Insurance Act of
1968, as amended and Flood Disaster
Protection Act of 1973, 42 U.S.C. 4001,
et seq.
PURPOSE(S):

The purpose of this system is to
manage the National Flood Insurance
Program, to assess National Flood
Insurance Program user satisfaction, and
to provide information on the National
Flood Insurance Program to those who
inquire.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records of information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ)
(including United States Attorney
Offices) or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.

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Jkt 217001

C. To the National Archives and
Records Administration or other Federal
Government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To insurance agents, brokers,
adjusters, lending institutions, WYO
Companies as authorized under 44 CFR
62.23, the Army Corps of Engineers,
Small Business Association, the
American Red Cross, the United States

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Department of Agriculture Farm Service
Agency, State and local governments,
including State and local individual and
family grant and assistance agencies,
National Flood Insurance Program
policy and claims records for carrying
out the purposes of the National Flood
Insurance Program, to determine
eligibility for benefits, and to verify nonduplication of benefits following a
flooding event.
I. To States to provide Group Flood
Insurance Program (GFIP) certificates for
carrying out the purposes of the
National Flood Insurance Program.
J. To property loss reporting bureaus,
State insurance departments, and
insurance companies to investigate
fraud or potential fraud in connection
with claims, subject to the approval of
the Office of Inspector General, DHS.
K. To State and local government
individual and family grant agencies to
ascertain the degree of financial burden
that State and local governments expect
to assume in the event of a flooding
disaster.
L. To State and local government
agencies to further the National Flood
Insurance Program marketing activities.
M. To State and local government
agencies that provide the names and
addresses of policyholders and a brief
general description of their plan for
acquiring and relocating their flood
prone properties to ensure that they are
engaged in flood plain management,
improved real property acquisitions,
relocation projects that are consistent
with the National Flood Insurance
Program and, upon the approval of the
Administrator, Federal Insurance
Mitigation Administration, that the use
furthers the flood plain management
and hazard mitigation goals of the
agency.
N. To the Army Corps of Engineers,
State and local government agencies and
municipalities to review National Flood
Insurance Program policy and claims
files to assist in hazard mitigation and
flood plain management activities and
in monitoring compliance with the
flood plain management measures duly
adopted by the community.
O. To lending institutions, mortgage
servicing companies, and others
servicing mortgage loan portfolios, as
well as private companies engaged in or
planning to engage in activities to
market or assist lenders and mortgage
servicing companies to comply with the
requirements of the Flood Disaster
Protection Act of 1973, including lender
compliance, and to market the sale of
flood insurance policies under the
National Flood Insurance Program.
P. To current owners of properties
designated under the National Flood

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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices

Insurance Program as SRL Target Group
properties, the dates and dollar amounts
of loss payments made to prior owners
so current owners may evaluate whether
that designation is appropriate and may,
if they believe the designation is not
appropriate, use the information to
appeal that designation.
Q. To the Special Direct Facility
National Flood Insurance Program
Repetitive Loss records for the
processing of SRL Target Group
policyholder underwriting and claims
records.
R. To Preferred Risk Property (PRP)
owners who are contesting the denial of
the PRP applications, the properties’
prior loss history.
S. To Federal, State, and local
government agencies to conduct
research, analysis, and feasibility
studies.
T. To communities to provide
repetitive loss records that pertain to
that community.
U. To OMB in connection with the
review of private relief legislation in
accordance with OMB Circular No. A–
19.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Disclosure under 5 U.S.C. 552a(b)(12).
DHS/FEMA may make disclosures from
this system to ‘‘consumer reporting
agencies’’ as defined in the Fair Credit
Reporting Act 15 U.S.C. 1681a(f), as
amended; or the Federal Claims
Collection Act of 1966 31 U.S.C.
3701(a)(3), as amended.

STORAGE:

Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:

Records will be retrieved by
individual’s name; insurance policy
number; Repetitive Loss Target Group
number; property address; zip code;
telephone number; insurance agents;
company name, including lenders and
WYO Companies; community name;
and Community Rating System
application number.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated system
security access policies. Strict controls

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RETENTION AND DISPOSAL:

Policy records are kept as long as the
property owner is enrolled in the
insurance program and pays the policy
premiums, and cutoff when the file
becomes inactive. Policy records are
destroyed 5 years after the cutoff with
FEMA Records Schedule N1–311–86–1,
Item 1A13a(2). Claim records are
maintained for 6 years and 3 months
after final action, unless litigation exists.
Records are disposed of FEMA Records
Schedule N1–311–86–1, Item
2A12(2)(b). Claim records with pending
litigation are destroyed after review by
General Counsel with FEMA Records
Schedule N1–311–86–1, Item 2A13a(1).
Consumer records, including
Community Rating System records, are
retired to the Federal Record Center 2
years after cutoff, and destroyed 10
years after cutoff, IAW FEMA Records
Schedule N1–311–02–01, Item 4.
Administrator, Federal Insurance and
Mitigation Administration, Federal
Emergency Management Agency
Headquarters, 500 C Street, SW.,
Washington, DC 20472.
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to FEMA’s FOIA
Officer, 500 C Street, SW., Attn: FOIA
Coordinator, Washington, DC 20472.
When seeking records about yourself
from this system of records or any other
FEMA system of records your request
must conform with the Privacy Act
regulations set forth in 6 CFR part 5.
You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
http://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:

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• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
FEMA may not be able to conduct an
effective search, and your request may
be denied due to lack of specificity or
lack of compliance with applicable
regulations.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Individual’s who apply for and
individuals who are insured under the
National Flood Insurance Program,
WYO Companies, flood insurance
agents and lenders, individuals who
request information on the National
Flood Insurance Program, appraisal
records, title reports, and homeowner
reports.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

SYSTEM MANAGER AND ADDRESS:

NOTIFICATION PROCEDURE:

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

VerDate Aug<31>2005

have been imposed to minimize the risk
of compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.

None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29794 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0126]

Privacy Act of 1974; Federal
Emergency Management Agency–005
Temporary and Permanent Relocation
and Personal and Real Property
Acquisitions and Relocation Files
System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following legacy record

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