System of Records Notice (SORN)

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

From the individual, individual’s
spouse, parent or guardian. Medical
facilities (United States Coast Guard,
Department of Defense, uniformed
Services Treatment Facility, or nonFederal, provider) where beneficiaries
are treated. From Active Duty and
Enlisted Personnel; DHS/USCG–005
Military Services Personnel. From
Reserve personnel—the Official Coast
Guard Reserve Service Record System,
DHS/USCG–028. Investigations
resulting from illness or injury.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29811 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0097]

Privacy Act of 1974; Federal
Emergency Management Agency—007
National Flood Insurance Program
Marketing 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 three legacy
record systems into a Department of
Homeland Security system of records
notice titled, Federal Emergency
Management Agency National Flood
Insurance Program Marketing Files:
FEMA/FIMA–4 National Flood
Insurance Program Marketing Records
and Related Files (January 23, 2002),
FEMA/FIMA–5 National Flood
Insurance Program Telephone Response
Center (TRC) Consumer and
Policyholder Records and Related
Documents Files (January 23, 2002), and
FEMA/MIT–7 Flood Map Customer
Records (June 8, 2001). This system will
allow the Department of Homeland
Security to market the Department of
Homeland Security Federal Emergency
Management Agency—006 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 the National Flood Insurance
Program marketing 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–
2008–0097 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

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77793

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
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) have relied on
preexisting Privacy Act systems of
records notices for the collection and
maintenance of records pertaining to the
marketing of 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.
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 traditional 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 home
owner’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.
The NFIP Marketing Files SORN
allows DHS/FEMA to market the NFIP
program to home and business owners

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77794

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

whose homes/buildings are located in a
participating NFIP community.
In accordance with the Privacy Act of
1974, the Department of Homeland
Security is giving notice that it proposes
to consolidate three legacy record
systems into a Department of Homeland
Security system of records notice titled,
Federal Emergency Management Agency
National Flood Insurance Program
Marketing Files: FEMA/FIMA–4
National Flood Insurance Program
Marketing Records and Related Files (67
FR 3193 January 23, 2002), FEMA/
FIMA–5 National Flood Insurance
Program Telephone Response Center
(TRC) Consumer and Policyholder
Records and Related Documents Files
(67 FR 3193 January 23, 2002), and
FEMA/MIT–7 Flood Map Customer
Records (66 FR 30927 June 8, 2001).
This system will allow the Department
of Homeland Security to market the
Department of Homeland Security
Federal Emergency Management
Agency—007 National Flood Insurance
Program. Categories of individuals,
categories of records, and the routine
uses of these legacy systems 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
marketing record systems. This system
will be included in the Department’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.

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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
Marketing Files System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget (OMB) and to
Congress.
System of Records
DHS/FEMA–007
SYSTEM NAME:

Federal Emergency Management
Agency—007 National Flood Insurance
Program Marketing 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 individuals who
apply for and individuals who are
insured under the National Flood
Insurance Program, Write-Your-Own
companies, flood insurance agents and
lenders, and individuals who request
information on the National Flood
Insurance Program.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s name;
• Business’s name;
• Addresses;
• Phone numbers;
• Account numbers or order numbers;
• Market research data regarding the
NFIP, including information regarding
awareness, attitudes, and satisfaction as
it relates to the NFIP, which is obtained
through qualitative surveys approved by
the Office of Management and Budget
(OMB);
• Telephone Response Center (TRC)
records regarding research conducted
with customers, insurance agents,
Write-Your-Own (WYO) companies and
individual respondents.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

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

The purpose of this system is to
market the National Flood Insurance
Program.
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
(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.
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;

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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
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 the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.

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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
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 are retrieved by individual’s
name, business’ name, addresses,
telephone number, account number, or
order 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
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.

77795

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
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.

RETENTION AND DISPOSAL:

Flood plain Management Files end at
the close of each fiscal year, retired to
the Federal Record Center, and
destroyed ten years after cutoff, in
accordance with FEMA Records
Schedule N1–311–02–01, Item 4. Files
generated in processing flood insurance
policies under the continuing National
Flood Insurance Program end when file
becomes inactive and destroyed five
years after cutoff, in accordance with
FEMA Records Schedule N1–311–86–1,
Item 1A13a(2).
SYSTEM MANAGER AND ADDRESS:

Administrator, Federal Insurance and
Mitigation Administration, Federal
Emergency Management Agency
Headquarters, 500 C Street, SW.,
Washington, DC 20472.

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,
Write-Your-Own companies, flood
insurance agents and lenders, and
individuals who request information on
the National Flood Insurance Program.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29812 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P

NOTIFICATION PROCEDURE:

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,

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0162]

Privacy Act of 1974; United States
Citizenship and Immigration
Services—008 Refugee Access
Verification Unit System of Records.
AGENCY:

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Privacy Office; DHS.

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