From: Subject: Federal Register, Volume 73 Issue 245 (Friday, December 19, 2008) Date: Tue, 12 Jun 2012 09:54:06 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2008-12-19/html/E8-29812.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6109 =EF=BB=BF Federal Register, Volume 73 Issue 245 (Friday, = December 19, 2008) 
[Federal Register Volume 73, Number 245 (Friday, December 19, =
2008)]
[Notices]
[Pages 77793-77795]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E8-29812]


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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=20
National Flood Insurance Program Marketing 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=20
three legacy record systems into a Department of Homeland Security=20
system of records notice titled, Federal Emergency Management Agency=20
National Flood Insurance Program Marketing Files: FEMA/FIMA-4 National=20
Flood Insurance Program Marketing Records and Related Files (January=20
23, 2002), FEMA/FIMA-5 National Flood Insurance Program Telephone=20
Response Center (TRC) Consumer and Policyholder Records and Related=20
Documents Files (January 23, 2002), and FEMA/MIT-7 Flood Map Customer=20
Records (June 8, 2001). This system will allow the Department of=20
Homeland Security to market the Department of Homeland Security Federal=20
Emergency Management Agency--006 National Flood Insurance Program.=20
Categories of individuals, categories of records, and the routine uses=20
of these legacy system of records notices have been consolidated and=20
updated to better reflect the National Flood Insurance Program=20
marketing 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-
2008-0097 by one of the following methods:
     Federal e-Rulemaking Portal: http://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://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://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Federal Emergency Management Agency Privacy Officer, Federal Emergency=20
Management Agency. For privacy issues please contact: Hugo Teufel III=20
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department=20
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) have relied on preexisting Privacy Act systems=20
of records notices for the collection and maintenance of records=20
pertaining to the marketing of the National Flood Insurance Program,=20
which is 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.
    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=20
traditional car insurance or property and casualty homeowners=20
insurance. In other cases, a mortgage lender will require flood=20
insurance in addition to regular homeowner's insurance. If a home=20
owner's insurance company participates in the NFIP's Write-Your-Own=20
(WYO) program, and the home or business owner's building is located in=20
a participating NFIP community, the home or business owner can purchase=20
flood insurance.
    The NFIP Marketing Files SORN allows DHS/FEMA to market the NFIP=20
program to home and business owners

[[Page 77794]]

whose homes/buildings are located in a participating NFIP community.
    In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security is giving notice that it proposes to consolidate=20
three legacy record systems into a Department of Homeland Security=20
system of records notice titled, Federal Emergency Management Agency=20
National Flood Insurance Program Marketing Files: FEMA/FIMA-4 National=20
Flood Insurance Program Marketing Records and Related Files (67 FR 3193=20
January 23, 2002), FEMA/FIMA-5 National Flood Insurance Program=20
Telephone Response Center (TRC) Consumer and Policyholder Records and=20
Related Documents Files (67 FR 3193 January 23, 2002), and FEMA/MIT-7=20
Flood Map Customer Records (66 FR 30927 June 8, 2001). This system will=20
allow the Department of Homeland Security to market the Department of=20
Homeland Security Federal Emergency Management Agency--007 National=20
Flood Insurance Program. Categories of individuals, categories of=20
records, and the routine uses of these legacy systems of records=20
notices have been consolidated and updated to better reflect the=20
Department of Homeland Security's Federal Emergency Management Agency=20
National Flood Insurance Program marketing record systems. This system=20
will be included in the Department'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 Marketing Files=20
System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this system of records to the Office of Management and Budget (OMB) and=20
to Congress.
System of Records
DHS/FEMA-007

System name:
    Federal Emergency Management Agency--007 National Flood Insurance=20
Program Marketing 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=20
individuals who apply for and individuals who are insured under the=20
National Flood Insurance Program, Write-Your-Own companies, flood=20
insurance agents and lenders, and individuals who request information=20
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=20
information regarding awareness, attitudes, and satisfaction as it=20
relates to the NFIP, which is obtained through qualitative surveys=20
approved by the Office of Management and Budget (OMB);
     Telephone Response Center (TRC) records regarding research=20
conducted with customers, insurance agents, Write-Your-Own (WYO)=20
companies and individual respondents.

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

Purpose(s):
    The purpose of this system is to market the National Flood=20
Insurance Program.

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 (including United States Attorney=20
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;

[[Page 77795]]

    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 the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

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 are retrieved by individual's name, business' name,=20
addresses, telephone number, account number, or order 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:
    Flood plain Management Files end at the close of each fiscal year,=20
retired to the Federal Record Center, and destroyed ten years after=20
cutoff, in accordance with FEMA Records Schedule N1-311-02-01, Item 4.=20
Files generated in processing flood insurance policies under the=20
continuing National Flood Insurance Program end when file becomes=20
inactive and destroyed five years after cutoff, in accordance with FEMA=20
Records Schedule N1-311-86-1, Item 1A13a(2).

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://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, Write-Your-Own companies, flood=20
insurance agents and lenders, and individuals who request information=20
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