System of Records Notice (SORN)

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DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2017–0029]

Privacy Act of 1974; System of
Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of New Privacy Act
System of Records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS)/Federal
Emergency Management Agency
(FEMA) proposes to establish a new
DHS system of records titled ‘‘DHS/
FEMA–014 Hazard Mitigation Planning
and Flood Mapping Products and
Services Records System of Records.’’
This system of records notice replaces
the current DHS system of records
titled, ‘‘Letter of Map Amendment
(LOMA), DHS/FEMA/NFIP/LOMA–1’’
system of records, 71 FR 7990 (Feb. 15,
2006). This new system of records
notice describes FEMA’s collection and
maintenance of records on individuals
who are involved in the creation and
updating of flood maps, individuals
requesting information on or purchasing
flood map products or services, and
individuals involved with hazard
mitigation planning. This newly
established system will be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
November 24, 2017. This new system
will be effective upon publication. New
or modified routine uses are effective
November 24, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2017–0029 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Philip S. Kaplan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
William Holzerland, (202) 212–7719,
Senior Director for Information
Management, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472. For privacy
questions, please contact: Philip S.
Kaplan, (202) 343–1717, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528–0655.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) Federal
Emergency Management Agency
(FEMA) proposes to establish a new
DHS system of records titled ‘‘DHS/
FEMA–014 Hazard Mitigation Planning
and Flood Mapping Products and
Services Records System of Records.’’
This replaces an existing DHS/FEMA
system of records, titled ‘‘Letter of Map
Amendment (LOMA), DHS/FEMA/
NFIP/LOMA–1’’ system of records, 71
FR 7990 (Feb. 15, 2006). FEMA
administers the National Flood
Insurance Program (NFIP) and Hazard
Mitigation Planning Programs. The
Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended
by the Disaster Mitigation Act of 2000,
provides the legal basis for FEMA and
other government agencies to undertake
a risk-based approach to reducing losses
from natural hazards through mitigation
planning. The Federal Insurance and
Mitigation Administration’s (FIMA)
Mitigation Planning Program oversees
and provides guidance to state, tribal,
and local governments that are required
to develop a FEMA-approved, riskbased hazard mitigation plan. This plan
is a precondition for receiving nonemergency disaster assistance from the
Federal Government, including funding
for flood hazard mitigation projects.
FEMA tracks the implementation of
state, tribal, and local government
hazard mitigation plans to help
communities across the Nation identify
new mitigation strategies, improve
planned mitigation actions, and advance
planned actions.
The National Flood Insurance Act of
1968, as amended (NFIA) (42 U.S.C.
4001 et seq.) establishes that FEMA will
provide flood insurance in communities
that adopt and enforce floodplain
management ordinances that meet the
minimum NFIP requirements. The law
requires FEMA to provide and maintain
flood maps to support floodplain
management and insurance activities.
FEMA’s regulations implementing the
NFIA, including the flood mapping
program, may be found in 44 CFR parts
59–72.
The NFIA requires insurance
companies that write flood insurance
policies on behalf of the NFIP to use
FEMA flood maps to determine
insurance rates. These flood maps
consist of zones or areas. Flood hazard
areas identified on FEMA flood maps
are identified as a Special Flood Hazard
Area (SFHA). SFHA are defined as the
area that will be inundated by a flood
event having a 1-percent chance of

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being equaled or exceeded in any given
year. The 1-percent-annual-chance flood
is also referred to as the base flood or
100-year flood. SFHAs are labeled as
Zone A, Zone AO, Zone AH, Zones A1–
A30, Zone AE, Zone A99, Zone AR,
Zone AR/AE, Zone AR/AO, Zone AR/
A1–A30, Zone AR/A, Zone V, Zone VE,
and Zones V1–V30. Moderate flood
hazard areas, labeled Zone B or Zone X
(shaded) are also shown on the maps,
and are the areas between the limits of
the base flood and the 0.2-percentannual-chance (or 500-year) flood. The
areas of minimal flood hazard, which
are the areas outside the SFHA and
higher than the elevation of the 0.2percent-annual-chance flood, are
labeled Zone C or Zone X (unshaded).
Members of the public view and review
these FEMA maps and related products
online free of charge to understand a
property’s flood risk. In addition,
community officials must use these
maps to manage development in floodprone areas. FEMA performs the
following tasks in support of flood map
productions: (1) Tracks requests for
FIRM updates from community officials;
(2) schedules and tracks progress and
quality of floodplain studies; (3)
conducts community outreach and
coordinates with communities and the
public on the floodplain study process;
(4) collects information from
communities and other organizations
such as levee owners; (5) provides
public review of the proposed flood
hazard data resulting from the studies;
(6) adjudicates administrative appeals to
the studies; and (7) coordinates and
tracks the request and processing of
flood map revisions and updates.
The administrative appeals process
referenced above satisfies due process
obligations owed to affected
communities and property holders. This
requirement includes making available
to the public the relevant data
documenting the scientific and
technical basis of the maps and
documenting the community and public
coordination processes associated with
the development and publication of the
maps. The NFIA also requires
communities to adopt these maps as the
basis for their land use regulations.
FEMA flood maps are subject to
revision through the Letters of Map
Change (LOMC) administrative process.
Letters of Map Changes are documents
issued by FEMA to revise or amend the
flood hazard information shown on the
Flood Insurance Rate Map (FIRM).
Letters of Map Changes include two
types of map changes: Letter of Map
Amendment (LOMA) or Letter of Map
Revision (LOMR). A LOMA is a flood
map change based only on the

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placement of the floodplain boundary
relative to existing ground elevations,
usually for small areas. A LOMR is a
change that often covers a larger area,
based on better scientific or technical
data or changes to the floodplain and
may require a flood map revision.
Adequate Progress (Zone A99)
determinations, regulated through 44
CFR part 61.12, provide for lower flood
insurance premium rates in areas where
FEMA determines that a community has
made adequate progress on its
construction or reconstruction of a
project designed for flood risk
reduction. These areas, landward of the
flood protection system, are designated
as Zone A99 on the FIRM and flood
insurance premium rates and floodplain
management requirements are generally
less than those required in other SFHAs
(e.g., Zone AE, Zone AO, and Zone AH).
Flood Protection Restoration (Zone AR)
determinations, regulated through 44
CFR part 65.14, may provide reduced
flood insurance premium rates and
floodplain management regulations in
areas where FEMA has issued a
determination that a project is
sufficiently underway to restore a flood
protection system to meet 44 CFR part
65.10 accreditation requirements. Areas
landward of the flood protection system
that is being rehabilitated are designated
as Zone AR on the FIRM, and may have
base flood elevations (BFE) representing
the current risk as if the flood protection
system was not in place.
FEMA accepts, reviews, and tracks
applications from levee owners and
communities seeking Zone AR
designations, Zone A99 designations,
and recognition of accredited levee
systems on FIRMs. To support a
mapping project, levee owners and
communities have the responsibility to
provide documentation that either a
levee system meets the requirements of
44 CFR part 65.10 to have the levee
system shown as accredited (i.e.,
provide protection from the 1-percentannual-chance flood) or the levee
system meets the mapping procedure(s)
for non-accredited levee systems.
FEMA collects information about
individuals using various forms (paper
and electronic), information technology
(IT), and call centers to assist states with
mitigation planning, as well as to ensure
FIRMs are accurate and up to date.
Specifically, FEMA collects and uses
personally identifiable information (PII)
within this system of records to: (1)
Help the public locate maps for a
geographic area of interest; (2) provide
responses to the flood mapping
products and services customers; (3)
track mitigation plan applications and
that plan’s status with respect to the

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plan review cycle; (4) process online
payments for LOMCs; (5) deliver
products to community officials as new
final mapping products become
available; (6) create IT access accounts
and profiles; (7) identify the property
relevant to a LOMC request; (8)
determine whether a structure is in the
floodplain; (9) facilitate customer
service surveys/focus groups; and (10)
facilitate contact or correspondence
between FEMA and other mitigation
planning and flood mapping products
and services stakeholders.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/FEMA–014 Hazard Mitigation
Planning and Flood Mapping Products
and Services System of Records may be
shared with other DHS Components that
have a need to know the information to
carry out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions. In
addition, DHS/FEMA may share
information with appropriate Federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
This newly established system will be
included in DHS’s inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate 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
from 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 U.S.
citizens and lawful permanent
residents. Additionally, and similarly,
the Judicial Redress Act (JRA) provides
a covered person with a statutory right
to make requests for access and
amendment to covered records, as
defined by the JRA, along with judicial
review for denials of such requests. In
addition, the JRA prohibits disclosures
of covered records, except as otherwise
permitted by the Privacy Act.
Below is the description of the DHS/
FEMA–014 Hazard Mitigation Planning
and Flood Mapping Products and
Services Records 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

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Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:

DHS/FEMA–014 Hazard Mitigation
Planning and Flood Mapping Products
and Services Records System of
Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Records are maintained at the FEMA
Headquarters in Washington, DC and
field offices. Additionally, records may
be located in the Mapping Information
Platform (MIP) system, Map Service
Center, LOMA-Logic, and collaboration
sites.
Third Party addresses:
Primary Production Server/Data
Storage Locations:
DHS Data Center 2 (Operated by HP):
Clarksville, VA
Alleghany Ballistics Laboratory Data
Center (Operated by IBM): Rocket
Center, WV
CDS Operations Sites:
Primary Local Operations Site
(Operated by IBM) Fairfax, VA
Secondary Local Operations Site
(Operated by Michael Baker
International) Alexandria, VA
Backup Data Storage Sites (in
addition to sites already listed above):
DHS Data Center 1: Stennis, MS
Alleghany Ballistics Laboratory
(Operated by IBM): Rocket Center, WV
Iron Mountain Secure Offsite Storage:
Various—Specific U.S. location(s) in use
not disclosed
SYSTEM MANAGER(S):

Program Management, Risk
Management Program, Federal
Insurance and Mitigation
Administration, 400 C Street SW.,
Washington, DC 20472.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The National Flood Insurance Act of
1968, as amended (42 U.S.C. sec, 4001
et seq.), 44 CFR parts 59–72, the Disaster
Mitigation Act of 2000 (DMA 2000), and
Fiscal Year 2009 Department of
Homeland Security Appropriations Act
(Pub. L. 110–329).
PURPOSE(S) OF THE SYSTEM:

The purpose of this system is to help
the public locate flood insurance risk
maps for a geographic area of interest;
provide responses to the customers
contacting FEMA’s call centers or
helpdesk via telephone or online chat;
track mitigation plan applications and
the plan’s status with respect to the plan
review cycle; process online payments
for LOMCs; deliver products to

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community officials as new final
mapping products become available;
create IT access accounts and profiles;
identify the property relevant to a
LOMC request; determine whether a
structure is in a floodplain; and
facilitate contact or correspondence
between FEMA and other stakeholders
providing mitigation planning and flood
mapping products and services.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Members of the general public,
including: Property owners, developers,
investors, and their representatives;
realtors; certifiers, including but not
limited to Registered Professional
Engineers and Licensed Land Surveyors;
state or local government officials with
authority over a community’s floodplain
management activities, which includes
Mapping Review Partners (MRP);
potential or confirmed respondents to
customer service surveys/focus groups;
and FEMA staff and stakeholders
registered to use FEMA’s information
technology systems and collaboration
sites.

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CATEGORIES OF RECORDS IN THE SYSTEM:

• Full name;
• Position or title;
• Addresses (mailing and property);
• Email addresses;
• Company or community name;
• Organization or agency name;
• Six-digit NFIP community number;
• Telephone number;
• Fax number;
• Professional license number;
• Professional license expiration date;
• Signature;
• Signature date;
• Fill placement and date;
• Type of construction;
• Elevation data;
• Base Flood Elevation (BFE) data;
• Legal property description;
• FEMA region number (1–10);
• Transcripts of conversations with
FEMA call centers or helpdesk
including name, address, phone
number, email address, caller type (e.g.,
property owner, realtor); chat subject;
and chat subject category;
• Bank name and account
information including electronic funds
transfer, and credit/debit card account
information;
• Payment confirmation number;
• User account creation and access
information:
Æ Username;
Æ Activation code;
Æ Password;
Æ Roles and responsibilities;
Æ Challenge questions and answers;
and

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Æ System permissions or permission
levels.
• Voluntary responses to customer
satisfaction and experience surveys and
focus groups, including demographic
information about the individual.
RECORD SOURCE CATEGORIES:

Records are obtained from individuals
(e.g., homeowners, investors, and
property developers); LOMC Certifiers
(e.g., Registered Professional Engineers
and Licensed Land Surveyors); state or
local government officials with
authority over a community’s floodplain
management activities, which includes
MRPs; FEMA staff and stakeholders
registered to use SharePoint information
and collaboration portals; the FEMA
Community Information System (CIS)
system; and the cloud-based LOMA–
LOGIC tool.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
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 or 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 the U.S. Attorneys Offices, or
other Federal agency conducting
litigation or proceedings before any
court, adjudicative, or administrative
body, when it is relevant or 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 or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity,
only when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
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 (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization 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.

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E. To appropriate agencies, entities,
and persons when:
1. DHS determines that information
from this system of records is
reasonably necessary and otherwise
compatible with the purpose of
collection to assist another federal
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach; or
2. DHS suspects or has confirmed that
there has been a breach of this system
of records; and (a) DHS has determined
that as a result of the suspected or
confirmed breach, there is a risk of harm
to individuals, DHS (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (b) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
with DHS’s efforts to respond to the
suspected or confirmed breach or to
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, when 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 state and local governments
pursuant to signed agreements allowing
such governments to assist FEMA in
making LOMC determinations.
I. To the United States Department of
the Treasury for the processing of
payments for product and services.
J. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,

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when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

DHS/FEMA stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

DHS/FEMA retrieves records by
name, address information, legal
description of property, order number,
and account number.

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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

In accordance with NARA authority
N1–311–86–1, item 2.A.2.c. and FEMA
Records Disposition Schedule FIA–2–1,
2 and 3, FEMA stores LOMC data in an
active mode for 2 years after which the
information is retired to the Federal
Records Center (FRC). FEMA destroys
the information 20 years after its final
determination or map revision date.
Pursuant to NARA authority N1–311–
86–1, items 2.A.3., FEMA destroys
digital preliminary flood maps five
years after FEMA issues a flood
elevation determination or insurance
rate map and flood elevation
determination (or insurance rate) map
are cut off when superseded, transfer
directly to the National Archives 5 years
after cutoff for permanent storage
pursuant to NARA authority N1–311–
86–1, Item 2A4, FEMA Document
Disposition Schedule at FIA–3.
Additionally, FEMA retains both
paper and digital copies of effective
FIRMs permanently, stores FEMA
Information Exchange (FMIX) chat
session records indefinitely, and deletes
the last 4 digits of the credit card or
bank account number and Treasury’s
payment confirmation information after
2 years. See FEMA Records Disposition
Schedule at FIA–4.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

DHS/FEMA safeguards records in this
system according to applicable rules

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and policies, including all applicable
DHS automated systems security and
access policies. FEMA has imposed
strict controls to minimize the risk of
compromising the stored information.
Access to the computer system
containing the records in this system is
limited to those individuals who have a
need to know the information in
furtherance of the performance of their
official duties, and who have
appropriate clearances or permissions.
RECORD ACCESS PROCEDURES:

Individuals seeking access to and
notification of any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the Chief Privacy
Officer and Headquarters or FEMA’s
FOIA Officer, whose contact
information can be found at http://
www.dhs.gov/foia under ‘‘Contacts
Information.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief Freedom of Information Act
Officer, Department of Homeland
Security, Washington, DC 20528–0655.
Even if neither the Privacy Act nor the
Judicial Redress Act provide a right of
access, certain records about you may be
available under the Freedom of
Information Act.
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform to
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his or her identity, meaning that
the individual must provide his or her
full name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
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, an individual may obtain
forms for this purpose from the Chief
Privacy Officer and Chief Freedom of
Information Act Officer, http://
www.dhs.gov/foia or 1–866–431–0486.
In addition, the individual should:
• Explain why the individual believes
the Department would have information
on him or her;
• Identify which component(s) of the
Department the individual believes may
have the information about him or her;
• Specify when the individual
believes the records would have been
created; and

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• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
If an individual’s request is seeking
records pertaining to another living
individual, the first individual must
include a statement from the second
individual certifying his/her agreement
for the first individual to access his or
her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and the
individual’s request may be denied due
to lack of specificity or lack of
compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:

For records covered by the Privacy
Act or covered JRA records, see ‘‘Record
Access Procedures’’ above.
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures.’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

‘‘Letter of Map Amendment (LOMA),
DHS/FEMA/NFIP/LOMA–1’’ system of
records, 71 FR 7990 (Feb. 15, 2006).
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2017–23205 Filed 10–24–17; 8:45 am]
BILLING CODE 9110–17–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2017–0046]

Privacy Act of 1974; System of
Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of New Privacy Act
System of Records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
establish a new Department of
Homeland Security system of records
titled, ‘‘DHS/ALL–040 DHS Personnel
Recovery Information System of
Records.’’ This newly established
system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
November 24, 2017. This new system
will be effective upon publication.
Routine uses will be effective November
24, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
SUMMARY:

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