FR Doc E8-29794

From: Subject: FR Doc E8-29794 Date: Thu, 8 Mar 2012 10:54:36 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-29794.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6109 =EF=BB=BF FR Doc E8-29794
[Federal Register: December 19, 2008 (Volume 73, Number =
245)]
[Notices]              =20
[Page 77747-77750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-124]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0088]

=20
Privacy Act of 1974; Federal Emergency Management Agency--003=20
National Flood Insurance Program Files System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security is giving notice that it proposes to consolidate five=20
legacy record systems and a new program into a Department of Homeland=20
Security system of records notice titled, Department of Homeland=20
Security Federal Emergency Management Agency--003 National Flood=20
Insurance Program Files: FEMA/FIMA-2 National Flood Insurance Direct=20
Servicing Agent Application and Related Documents Files (January 23,=20
2002); FEMA/FIMA-3 National Flood Insurance Bureau and Statistical=20
Agent (BSA) Data Elements and Related Files (January 23, 2002); FEMA/
FIMA-6 National Flood Insurance Special Direct Facility Repetitive Loss=20
Target Group Records and Related Files (January 23, 2002); FEMA/FIMA-7=20
National Flood Insurance Community Rating System and Related Documents=20
Files (January 23, 2002); and FEMA/FIA-2 National Flood Insurance=20
Application and Related Documents Files (January 23, 2002), and the=20
newly created National Flood Insurance Program Modernization, Business=20
Process Improvement, and Systems Engineering Management Systems. This=20
system will enable the Department of Homeland Security to administer=20
the Federal Emergency Management Agency National Flood Insurance=20
Program. Categories of individuals, categories of records, and the=20
routine uses of these legacy system of records notices have been=20
consolidated and updated to better reflect the Department of Homeland=20
Security's Federal Emergency Management Agency National Flood Insurance=20
Program record systems. This system will be included in the=20
Department's inventory of record systems.

DATES: Written comments must be submitted on or before January 20,=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://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.=20
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change and may be read at http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov, including any personal =
information provided.
     Docket: For access to the docket to read background=20
documents or comments received, go to http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Federal Emergency Management Agency Acting Privacy Officer, Federal=20
Emergency Management Agency. For privacy issues please contact: Hugo=20
Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, U.S.=20
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS)/Federal Emergency=20
Management Agency (FEMA) has relied on preexisting Privacy Act systems=20
of records notices for the collection and maintenance of records=20
pertaining to the National Flood Insurance Program, which is=20
administered by DHS/FEMA.
    In 1968, Congress created the National Flood Insurance Program=20
(NFIP) in response to the rising cost of taxpayer funded disaster=20
relief for flood victims and the increasing amount of damage caused by=20
floods. The Mitigation

[[Page 77748]]

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

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses of=20
their records, and to assist individuals to more easily find such files=20
within the agency. Below is the description of the Federal Emergency=20
Management Agency National Flood Insurance Program Files System of=20
Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this newly revised system of records to the Office of Management and=20
Budget (OMB) and to Congress.
System of Records: DHS/FEMA-003

System name:
    Federal Emergency Management Agency--003 National Flood Insurance=20
Program Files.

Security classification:
    Unclassified.

System location:
    Records are maintained at the Federal Emergency Management Agency=20
Headquarters in Washington, DC and in field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include applicants=20
and policyholders of flood insurance; Severe Repetitive Loss (SRL)=20
property owners (previously known as ``Repetitive Loss Target Group''=20
(RLTG)); insurance companies and agents; WYO Companies and lenders;=20
communities that submit Community Rating Survey (CRS) applications; and=20
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:
    [cir] Bank/lender
    [cir] Date of mortgage
    [cir] Address of bank/lender
    [cir] Loan information, such as: loan number, names and addresses=20
of first and possible second mortgagees, and file or identification=20
number of loan;
    [cir] Taxpayer's identification number
     Administration records, such as: transaction errors and=20
rejects per WYO Company, documents and photographs necessary to=20
substantiate a claim for losses due to burglary or robbery, reports of=20
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=20
insurance premiums based on the mitigation of activities implemented by=20
a community;
     Names and contact information of individuals seeking NFIP=20
data; and

[[Page 77749]]

     Data elements required for reporting purposes under the=20
FEMA Mitigation Directorate Bureau and Statistical Agent contract for=20
private insurance companies. Data elements include, but are not limited=20
to:
    [cir] Data elements regarding policy reinstatement with/without=20
policy changes,
    [cir] Data elements regarding insurance claims, and
    [cir] Data elements regarding payment of claims.

Authority for maintenance of the system:
    The Federal Records Act, 44 U.S.C. 3101; National Flood Insurance=20
Act of 1968, as amended and Flood Disaster Protection Act of 1973, 42=20
U.S.C. 4001, et seq.

Purpose(s):
    The purpose of this system is to manage the National Flood=20
Insurance Program, to assess National Flood Insurance Program user=20
satisfaction, and to provide information on the National Flood=20
Insurance Program to those who inquire.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records of=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ) (including United States=20
Attorney Offices) or other Federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body when=20
it is necessary to the litigation and one of the following is a party=20
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=20
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal Government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    H. To insurance agents, brokers, adjusters, lending institutions,=20
WYO Companies as authorized under 44 CFR 62.23, the Army Corps of=20
Engineers, Small Business Association, the American Red Cross, the=20
United States Department of Agriculture Farm Service Agency, State and=20
local governments, including State and local individual and family=20
grant and assistance agencies, National Flood Insurance Program policy=20
and claims records for carrying out the purposes of the National Flood=20
Insurance Program, to determine eligibility for benefits, and to verify=20
non-duplication of benefits following a flooding event.
    I. To States to provide Group Flood Insurance Program (GFIP)=20
certificates for carrying out the purposes of the National Flood=20
Insurance Program.
    J. To property loss reporting bureaus, State insurance departments,=20
and insurance companies to investigate fraud or potential fraud in=20
connection with claims, subject to the approval of the Office of=20
Inspector General, DHS.
    K. To State and local government individual and family grant=20
agencies to ascertain the degree of financial burden that State and=20
local governments expect to assume in the event of a flooding disaster.
    L. To State and local government agencies to further the National=20
Flood Insurance Program marketing activities.
    M. To State and local government agencies that provide the names=20
and addresses of policyholders and a brief general description of their=20
plan for acquiring and relocating their flood prone properties to=20
ensure that they are engaged in flood plain management, improved real=20
property acquisitions, relocation projects that are consistent with the=20
National Flood Insurance Program and, upon the approval of the=20
Administrator, Federal Insurance Mitigation Administration, that the=20
use furthers the flood plain management and hazard mitigation goals of=20
the agency.
    N. To the Army Corps of Engineers, State and local government=20
agencies and municipalities to review National Flood Insurance Program=20
policy and claims files to assist in hazard mitigation and flood plain=20
management activities and in monitoring compliance with the flood plain=20
management measures duly adopted by the community.
    O. To lending institutions, mortgage servicing companies, and=20
others servicing mortgage loan portfolios, as well as private companies=20
engaged in or planning to engage in activities to market or assist=20
lenders and mortgage servicing companies to comply with the=20
requirements of the Flood Disaster Protection Act of 1973, including=20
lender compliance, and to market the sale of flood insurance policies=20
under the National Flood Insurance Program.
    P. To current owners of properties designated under the National=20
Flood

[[Page 77750]]

Insurance Program as SRL Target Group properties, the dates and dollar=20
amounts of loss payments made to prior owners so current owners may=20
evaluate whether that designation is appropriate and may, if they=20
believe the designation is not appropriate, use the information to=20
appeal that designation.
    Q. To the Special Direct Facility National Flood Insurance Program=20
Repetitive Loss records for the processing of SRL Target Group=20
policyholder underwriting and claims records.
    R. To Preferred Risk Property (PRP) owners who are contesting the=20
denial of the PRP applications, the properties' prior loss history.
    S. To Federal, State, and local government agencies to conduct=20
research, analysis, and feasibility studies.
    T. To communities to provide repetitive loss records that pertain=20
to that community.
    U. To OMB in connection with the review of private relief=20
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=20
disclosures from this system to ``consumer reporting agencies'' as=20
defined in the Fair Credit Reporting Act 15 U.S.C. 1681a(f), as=20
amended; or the Federal Claims Collection Act of 1966 31 U.S.C.=20
3701(a)(3), as amended.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records will be retrieved by individual's name; insurance policy=20
number; Repetitive Loss Target Group number; property address; zip=20
code; telephone number; insurance agents; company name, including=20
lenders and WYO Companies; community name; and Community Rating System=20
application number.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
system security access policies. Strict controls have been imposed to=20
minimize the risk of compromising the information that is being stored.=20
Access to the computer system containing the records in this system is=20
limited to those individuals who have a need to know the information=20
for the performance of their official duties and who have appropriate=20
clearances or permissions.

Retention and disposal:
    Policy records are kept as long as the property owner is enrolled=20
in the insurance program and pays the policy premiums, and cutoff when=20
the file becomes inactive. Policy records are destroyed 5 years after=20
the cutoff with FEMA Records Schedule N1-311-86-1, Item 1A13a(2). Claim=20
records are maintained for 6 years and 3 months after final action,=20
unless litigation exists. Records are disposed of FEMA Records Schedule=20
N1-311-86-1, Item 2A12(2)(b). Claim records with pending litigation are=20
destroyed after review by General Counsel with FEMA Records Schedule=20
N1-311-86-1, Item 2A13a(1). Consumer records, including Community=20
Rating System records, are retired to the Federal Record Center 2 years=20
after cutoff, and destroyed 10 years after cutoff, IAW FEMA Records=20
Schedule N1-311-02-01, Item 4.

System Manager and address:
    Administrator, Federal Insurance and Mitigation Administration,=20
Federal Emergency Management Agency Headquarters, 500 C Street, SW.,=20
Washington, DC 20472.

Notification procedure:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to FEMA's FOIA Officer, 500 C Street,=20
SW., Attn: FOIA Coordinator, Washington, DC 20472.
    When seeking records about yourself from this system of records or=20
any other FEMA system of records your request must conform with the=20
Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://frwebgate.=
access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklo=
g&to=3Dhttp://www.dhs.gov or 1-866-431-0486. In addition=20
you should provide the following:
     An explanation of why you believe the Department would=20
have information on you,
     Specify when you believe the records would have been=20
created,
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the FEMA may not be able to=20
conduct an effective search, and your request may be denied due to lack=20
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=20
the National Flood Insurance Program, WYO Companies, flood insurance=20
agents and lenders, individuals who request information on the National=20
Flood Insurance Program, appraisal records, title reports, and=20
homeowner reports.

Exemptions claimed for the system:
    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]

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