Privacy Act of 1974; System of Records, 1988-1993 [2021-00307]
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
Sections 190.10 and 190.24 require that
any transfers of merchandise must be
evidenced by business records, as
defined in section 190.2.
Type of Information Collection: CBP
Form 7553 Notice of Intent to Export/
Destroy Merchandise.
Estimated Number of Respondents:
3,066.
Estimated Number of Annual
Responses per Respondent: 20.
Estimated Number of Total Annual
Responses: 66,772.
Estimated Time per Response: 33
minutes (.55 hours).
Estimated Total Annual Burden
Hours: 38,582.
Dated: January 6, 2021.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2021–00257 Filed 1–8–21; 8:45 am]
BILLING CODE P
[Docket No. FEMA–2020–0031]
Privacy Act of 1974; System of
Records
Federal Emergency
Management Agency, U.S. Department
of Homeland Security.
ACTION: Notice of a Modified System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the U.S.
Department of Homeland Security
(DHS) proposes to modify a current
system of records titled, ‘‘DHS/Federal
Emergency Management Agency
(FEMA)-014 Hazard Mitigation Planning
and Flood Mapping Products and
Services Records System of Records.’’
This system of records allows DHS/
FEMA to collect and maintain records
on individuals who are involved in the
creation and updating of flood maps,
individuals requesting information on
flood map products or services, and
individuals involved with hazard
mitigation planning. DHS/FEMA is
updating this system of records notice to
(1) modify the records’ location; (2)
update the authority for maintenance of
the system; (3) update the purpose of
the system; (4) revise the categories of
individuals covered by the system; (5)
update the categories of records in the
system; (6) update record source
categories; and (7) revise and add
routine uses.
DATES: Submit comments on or before
February 10, 2021. This modified
system will be effective upon
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For
general questions, please contact:
Tammi Hines, (202) 212–5100, FEMAPrivacy@fema.dhs.gov, Acting Senior
Director for Information Management,
Federal Emergency Management
Agency, U.S. Department of Homeland
Security, Washington, DC 20528. For
privacy questions, please contact:
Constantina Kozanas, (202) 343–1717,
Privacy@hq.dhs.gov, Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528–0655.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY:
publication. New or modified routine
uses will be effective February 10, 2021.
ADDRESSES: You may submit comments,
identified by docket number FEMA–
2020–0031 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Constantina Kozanas, Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number FEMA–2020–0031. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
I. Background
This modified system of records
notice is being published because the
Federal Emergency Management Agency
(FEMA) collects, maintains, uses,
retrieves, and disseminates personally
identifiable information of public
officials, certifiers, applicants, and
homeowners who are involved in the
Hazard Mitigation and Flood Mapping
Process. 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 Mitigation
Administration’s (FIMA) Mitigation
Planning Program oversees and provides
guidance to state, local, tribal, and
territorial (SLTT) governments that are
required to develop a FEMA-approved
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risk-based 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 collaborates with SLTT
mitigation planners and risk analysts to
support the development, review, and
approval of SLTT hazard mitigation
plans, tracks planned mitigation actions,
and facilitates collaboration among
planners and risk analysts.
The National Flood Insurance Act of
1968 (NFIA) (42 U.S.C. 4001 et seq.),
and as further amended by the Biggert
Waters Flood Insurance Reform Act of
2012, Public Law 112–141, establishes
that FEMA will provide flood insurance
in communities that participate in the
NFIP by adopting and enforcing
floodplain management ordinances that
meet the minimum NFIP requirements.
The law requires FEMA to provide,
maintain, and make public flood hazard
information and maps to support
floodplain management and insurance
activities. FEMA’s regulations
implementing NFIA, including the flood
mapping program, may be found in 44
CFR 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 is defined as the
area that will be inundated by a flood
event having a 1-percent chance of
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-percent
annual-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.
Other related information may also be
shown on different layers that can be
seen on FEMA’s National Flood Hazard
Layer available at msc.fema.gov. In
addition, community officials must use
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these maps to manage development in
flood-prone areas.
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) in
response to requests from community
officials and property owners. Letters of
Map Changes include two types of map
changes: Letter of Map Amendment
(LOMA) or Letter of Map Revision
(LOMR). The procedures for both types
of map changes are outlined in 44 CFR
70 and 65, respectively. LOMRs modify
small portions of flood maps based on
scientific and technical information
submitted to FEMA with a request to
revise flood maps. Conditional Letters of
Map Revision (CLOMR) are provisional
findings for flood map revisions based
on scientific and technical data based
on proposed changes to floodplain
conditions.
Letters of Map Revision Based on Fill
(LOMR–F) and Conditional LOMR-Fs
are specific types of (C)LOMR-based
floodplain changes consisting only of
placement of earthen fill to raise the
ground level in the floodplain. LOMAs
are modifications to the regulatory
floodplain based on documentation that
adjacent grade for a particular property
or structure is naturally higher than the
predicted flood elevation and was
therefore inadvertently included in the
floodplain. A Conditional LOMA
(CLOMA) is a provisional finding that
the adjacent grade for a proposed
structure was inadvertently included in
the floodplain. A Letter of
Determination Review (LODR) is a
finding by FEMA of whether the
documentation provided by the
requester shows a particular property to
be in the floodplain or not.
Adequate Progress (Zone A99)
determinations, regulated through 44
CFR 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 65.14, may provide reduced flood
insurance premium rates and floodplain
management regulations in areas where
FEMA has issued a determination that
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a project is sufficiently underway to
restore a flood protection system to meet
44 CFR 65.10 accreditation
requirements. Areas landward of the
flood protection system that are 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 65.10 to have the levee system
shown as accredited (i.e., provide
protection from the 1-percent-annualchance flood) or the levee system meets
the mapping procedure(s) for nonaccredited levee systems.
FEMA performs the following tasks in
support of flood mapping:
• Identify and prioritize the need for
flood hazard data updates;
• Schedule and track progress and
quality of flood hazard and risk studies;
• Conduct community outreach and
coordinate with SLTT officials and the
public on the flood hazard and risk
study process;
• Collect information to support flood
hazard analysis from a wide variety of
sources including SLTT government
organizations and other organizations
such as levee owners;
• Provide public review of the
proposed flood hazard data;
• Adjudicate administrative appeals
to flood hazards and flood elevations;
• Coordinate and track the request
and processing of flood map revisions
and amendments;
• Publish and distribute map
revisions, amendments, flood hazard
and risk data, maps, and related
information;
• Respond to inquiries from
stakeholders and help to resolve issues
related to flood maps;
• Monitor the effectiveness of
program delivery and stakeholder
satisfaction; and
• Collaborate with SLTT mitigation
planners and risk analysts to support
the development, review, and approval
of SLTT hazard mitigation plans, track
planned mitigation actions, and
facilitate collaboration among planners
and risk analysts.
The administrative appeals processes
referenced above satisfy due process
obligations owed to affected
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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
participating communities to adopt
these maps as the basis for their land
use regulations.
FEMA obtains information about
individuals in various forms (paper and
electronic): By communicating with
SLTT officials, their contractors, and
community members about flood maps
and hazard mitigation plans; by
collecting requests for LOMCs from
public records; through FEMA’s
websites; and by operating call centers.
These activities allow FEMA to assist
states with mitigation planning, as well
as to ensure FIRMs are accurate and up
to date.
FEMA is updating this system of
records notice to reflect the following
changes. First, the system location has
been updated to more accurately reflect
the location of the records at the FEMA
Headquarters in Washington, DC and at
field offices and electronically in the
Risk Analysis and Management (RAM)
System (formerly Mapping Information
Platform (MIP) system, the Map Service
Center, and Risk Map collaboration
sites) and LOMA-Logic. Second, the
Biggert Waters Flood Insurance Reform
Act of 2012, Public Law 112–141, 126
Stat. 916 (and codified in sections of 42
U.S.C. secs. 4101–4130) was added as
an authority for maintenance of the
system and provides for public
disclosure flood hazard information and
maps to support floodplain management
and insurance activities. Third, the
purpose of the system is being updated
to document the broader flood mapping,
risk analysis, and hazard mitigation
planning functions supported by the
system, and to include community
outreach, including public meetings, in
the hazard mitigation and flood
mapping processes. Fourth, the
categories of individuals have been
revised to clarify that property owners
include applicants for letters of map
change and to more accurately reflect
individuals solicited to attend public
meetings related to flood hazard
identification and hazard mitigation and
flood mapping activities. Fifth, the
categories of records have been updated
to clarify that information collected
regarding property owners includes
applicants for Letters of Map Change; to
include business website and business
social media account information for
public officials, certifiers, and others
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included in the approval process; and to
include public records (including voter
records, tax records, real estate records,
or directories) that are collected to
conduct outreach for attendance in
public meetings related to Letters of
Map Change. Sixth, record source
categories are being updated to clarify
that records come from homeowners,
tenants, state/local/tribal/territorial
government, and public records.
Seventh, Routine Use E is being
modified and Routine Use F is being
added to conform to Office of
Management and Budget Memorandum
M–17–12 regarding breach notification
and investigation. Routine Use K was
added to reflect that pursuant to the
National Flood Insurance Act, FEMA
routinely makes available to the public:
Name, business contact information,
and professional license information for
public officials, certifiers, engineers,
and other licensed professionals and
their staff who participate in the
development, update, and approval of
flood hazard maps. Additionally, this
routine use reflects that the address of
the subject property is also publicly
disclosed. Routine Use L was added to
account for testing of new technology
compatible with the purpose of this
system of records.
Furthermore, this notice includes
non-substantive changes to simplify the
formatting and text of the previously
published notice.
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 modified 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
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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, the Judicial
Redress Act (JRA) provides covered
persons 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.
In accordance with 5 U.S.C. sec.
552a(r), DHS has provided a report of
this system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
U.S. Department of Homeland
Security (DHS)/Federal Emergency
Management Agency (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 Risk Analysis and
Management (RAM) system (formerly
Mapping Information Platform (MIP)
system, the Map Service Center, and
Risk Map collaboration sites) and the
LOMA-Logic system.
Primary Production Server/Data
Storage Locations:
Alleghany Ballistics Laboratory Data
Center (Operated by IBM), Rocket
Center, WV
CDS Operations Sites:
Primary Local Operations Site
(Operated by IBM), Fairfax, VA
Alleghany Ballistics Laboratory Data
Center (Operated by IBM), Rocket
Center, WV
Secondary Local Operations Site
(Operated by Michael Baker
International), Alexandria, VA
Backup Data Storage Sites (In
Addition to Sites Already Listed Above):
Alleghany Ballistics Laboratory
(Operated by IBM), Rocket Center, WV
Iron Mountain Secure Offsite Storage,
Various U.S. locations
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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, including the Biggert
Waters Flood Insurance Reform Act of
2012, Public Law 112–141, 126 Stat. 916
(codified in sections of 42 U.S.C. secs.
4001–4130); The Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, as amended by the
Disaster Mitigation Act of 2000 (DMA
2000), Public Law 106–390, 14 Stat.
1552; and 44 CFR parts 59–72.
PURPOSE(S) OF THE SYSTEM:
The purposes of this system of records
are to support FEMA’s flood mapping,
risk analysis, and hazard mitigation
planning functions, which are to:
Identify and prioritize the need for flood
hazard updates; schedule and track
progress and quality of flood hazard and
risk studies; conduct community
outreach and coordinate with SLTT
officials and the public on the flood
hazard and risk study process; collect
information to support flood hazard
analysis from a wide variety of sources,
including SLTT government
organizations and other organizations
such as levee owners; provide public
review of the proposed flood hazard
data; adjudicate administrative appeals
to flood hazards and flood elevations;
coordinate and track the request and
processing of flood map revisions and
amendments; publish and distribute
flood hazard and risk data, maps, and
related information, as well as updates,
revisions, and amendments thereto;
respond to inquiries from stakeholders
and help to resolve issues related to
flood maps; monitor the effectiveness of
program delivery and stakeholder
satisfaction; and collaborate with SLTT
officials to support the development,
review, and approval of SLTT hazard
mitigation plans, track planned
mitigation actions, and facilitate
collaboration among planners and risk
analysts.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Members of the general public,
including: Letters of map change
applicants/property owners, developers,
investors, and their representatives;
realtors; certifiers, including Registered
Professional Engineers and Licensed
Land Surveyors; state, local, tribal, or
territorial government officials with
authority over a community’s flood
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plain management activities, which
includes Mapping Review Partners
(MRP); potential or confirmed
respondents to customer service
surveys/focus groups; potential or
confirmed attendees at FEMA’s public
meetings or other outreach activities
related to flood hazard identification
and flood mapping activities; 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;
• Email addresses;
• Addresses (mailing and property);
• Business website or business social
media account information;
• Public Records (such as voter
records, tax records, real estate records,
or directories) to conduct outreach
activities;
• Company or community name;
• Organization or agency name;
• Six-digit NFIP community 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; and
Æ Username;
Æ Activation code;
Æ Password;
Æ Roles and responsibilities;
Æ Challenge questions and answers;
and
Æ System permissions or permission
levels.
• Voluntary response 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., home and property owners,
tenants, investors, and property
developers, or their representatives);
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LOMC Certifiers (e.g., Registered
Professional Engineers and Licensed
Land Surveyors); state, local, tribal, or
territorial government officials,
including those with authority over a
community’s floodplain management
activities or other land use, 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. Records may also be
obtained from public records
maintained by SLTT or private entities,
such as tax records, real estate records,
voter records or directories.
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. sec.
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. sec. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including the U.S. Attorneys Offices, or
other federal agencies 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. secs. 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.
E. To appropriate agencies, entities,
and persons when (1) DHS suspects or
has confirmed that there has been a
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breach of the system of records; (2) 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
(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
breach or to prevent, minimize, or
remedy such harm.
F. To another federal agency or
federal entity, when DHS determines
that information from this system of
records is reasonably necessary to assist
the 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.
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 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.
I. To state and local governments
pursuant to signed agreements allowing
such governments to assist FEMA in
making LOMC determinations.
J. To the U.S. Department of the
Treasury for the processing of payments
for products and services.
K. To the public, in accordance with
the National Flood Insurance Act, the
following information: Names and
business contact information of
certifiers, public officials, and others
involved in the development, update,
and approval of flood hazard maps,
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including business websites or business
social media account information as
well as the address of the subject
property. This does not include names
or other information regarding the
applicant/property owner.
L. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS is
aware of a need to use relevant data,
that relate to the purpose(s) stated in
this SORN, for purposes of testing new
technology.
M. 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, 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
N1–311–01–2, item 1, and FEMA
records disposition schedule FIA 1–2–2,
FEMA retires community case file
materials to off-site storage when the
record is three years old and destroys
the record 100 years after the retirement
date.
In accordance with NARA authority
N1–311–86–1, item 2.A.2, and FEMA
Records Disposition Schedule FIA–2,
appeals records are cut off after the
appeal is resolved or the appealed map
becomes effective and are retired two
years after cutoff. FEMA destroys
appeals records 20 years after cutoff.
Pursuant to NARA authority N1–311–
86–1, item 2.A.3, and FEMA Records
Disposition Schedule FIA–3, digital
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preliminary flood maps are destroyed
five years after FEMA issues a flood
elevation determination or insurance
rate map.
Pursuant to NARA authority N1–311–
86–1, item 2.A.4, and FEMA Records
Disposition Schedule FIA–4, flood
elevation determination (or insurance
rate) maps are permanent, cut off when
superseded, and transferred directly to
the National Archives five years after
cutoff, or sooner, for permanent storage.
Pursuant to NARA authority DAA–
GRS–2016–0012–0002, NARA’s General
Record Schedule 5.5, item 20, and
FEMA Records Disposition Schedule
COMM 2, FEMA stores copies of checks
and credit card numbers received by
mail from stakeholders who request
changes to the flood maps and who
request engineering library services to
obtain copies of flood map information
for one year.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/FEMA safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. DHS/FEMA has
imposed strict controls 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.
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 FEMA’s Freedom of
Information Act (FOIA) Officer, whose
contact information can be found at
https://www.dhs.gov/foia under ‘‘Contact
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, U.S. Department of Homeland
Security, Washington, DC 20528–0655.
Even if neither the Privacy Act nor the
Judicial Redress Act (JRA) 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 with
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the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his/her identity, meaning that the
individual must provide his/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. sec. 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, https://
www.dhs.gov/foia or 1–866–431–0486.
In addition, the individual should:
• Explain why he or she believes the
Department would have information
being requested;
• Identify which component(s) of the
Department he or she believes may have
the information;
• Specify when the individual
believes the records would have been
created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If the request is seeking records
pertaining to another living individual,
the request must include an
authorization from the individual whose
record is being requested, authorizing
the release to the requester.
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, individuals
may make a request for amendment or
correction of a record of the Department
about the individual by writing directly
to the Department component that
maintains the record, unless the record
is not subject to amendment or
correction. The request should identify
each particular record in question, state
the amendment or correction desired,
and state why the individual believes
that the record is not accurate, relevant,
timely, or complete. The individual may
submit any documentation that would
be helpful. If the individual believes
that the same record is in more than one
system of records, the request should
state that and be addressed to each
component that maintains a system of
records containing the record.
E:\FR\FM\11JAN1.SGM
11JAN1
1993
Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None
HISTORY:
82 FR 49404 (October 25, 2017); 71 FR
7990 (February 15, 2006).
Constantina Kozanas,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2021–00307 Filed 1–8–21; 8:45 am]
BILLING CODE 9111–19–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7041–N–01; OMB Control
No. 2528–0259]
60-Day Notice of Proposed Information
Collection: Family Options Study:
Long-Term Followup
Office of the Assistant
Secretary for Policy Development and
Research, HUD.
ACTION: Notice.
AGENCY:
The U.S. Department of
Housing and Urban Development (HUD)
is seeking approval from the Office of
Management and Budget (OMB) for the
information collection described below.
In accordance with the Paperwork
Reduction Act, HUD is requesting
comment from all interested parties on
the proposed collection of information.
The purpose of this notice is to allow for
60 days of public comment.
DATES: Comments Due Date: March 12,
2021.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–5534
(this is not a toll-free number) or email
at Anna.P.Guido@hud.gov for a copy of
the proposed forms or other available
SUMMARY:
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email Anna
P. Guido at Anna.P.Guido@hud.gov or
telephone 202–402–5535. This is not a
toll-free number. Persons with hearing
or speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection:
Family Options Study: Long-Term
Followup.
OMB Approval Number: 2528–0259.
Type of Request: Reinstatement
without change of a previously
approved collection.
Form Number: NA.
Description of the need for the
information and proposed use: The
purpose of this proposed information
collection is to locate the families that
enrolled in the U.S. Department of
Housing and Urban Development’s
(HUD) Family Options Study between
September 2010 and January 2012 and
to update their current contact
information.
The Family Options Study is a multisite experiment designed to test the
impacts of different housing and service
interventions on homeless families in
five key domains: Housing stability,
family preservation, adult well-being,
child well-being, and self-sufficiency.
Both the design and the scale of the
study provides a strong basis for
conclusions about the relative impacts
of the interventions over time, and data
collected at two previous points in time,
twenty (20) months after random
assignment and thirty-seven (37)
months after random assignment,
yielded powerful evidence regarding the
positive impact of providing a non-timelimited housing subsidy to a family
experiencing homelessness. It is
possible, though, that some effects of the
various interventions might change over
time or take longer to emerge,
particularly for child well-being.
Therefore, HUD plans to conduct a
followup survey of study families
roughly eleven years after enrollment
into the study. Locating, reengaging, and
updating the contact information for
study families will be critical to
supporting a healthy response rate for
the planned 11-year followup survey.
This Federal Register Notice provides
an opportunity to comment on the
Participant Update Contact Form that
will be used to reengage with study
families and gather updated contact
information.
Respondents: Families enrolled in the
Family Options Study.
Estimated Number of Respondents:
This information collection will affect
2,241 individuals.
Estimated Time per Response:
Completion of the Participant Update
Contact Form is expected to take, on
average, five minutes, or 0.08 hours.
Frequency of Response: The
Participant Update Contact Form will be
completed be each family a single time.
Estimated Total Annual Burden
Hours: The estimated total annual
burden of this information collection is
179 hours.
Estimated Total Annual Cost: The
estimated total annual cost for this
information collection is $1,817. The
estimated total annual cost is calculated
by multiplying the total number of
respondent hours (179) by $10.15. The
amount of $10.15 was calculated using
the minimum hourly wage ($7.25) plus
an assumed 40 percent for fringe
benefits.
Respondent’s Obligation: Voluntary.
Legal Authority: The survey is
conducted under Title 12, United States
Code, Section 1701z and Section 3507
of the Paperwork Reduction Act of 1995,
44, U.S.C., 35, as amended.
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ANNUALIZED BURDEN TABLE
Information collection
Number of
respondents
Frequency of
response
Responses
per annum
Burden hour
per response
Annual
burden
hours
Hourly
cost per
response
Cost
Participant Update Contact Form ..................
2,241
1
1
.08
179
$10.15
$1,816.85
Total ......................
2,241
........................
........................
........................
179
........................
1,816.85
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E:\FR\FM\11JAN1.SGM
11JAN1
Agencies
[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1988-1993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00307]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. FEMA-2020-0031]
Privacy Act of 1974; System of Records
AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.
ACTION: Notice of a Modified System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to modify a current
system of records titled, ``DHS/Federal Emergency Management Agency
(FEMA)-014 Hazard Mitigation Planning and Flood Mapping Products and
Services Records System of Records.'' This system of records allows
DHS/FEMA to collect and maintain records on individuals who are
involved in the creation and updating of flood maps, individuals
requesting information on flood map products or services, and
individuals involved with hazard mitigation planning. DHS/FEMA is
updating this system of records notice to (1) modify the records'
location; (2) update the authority for maintenance of the system; (3)
update the purpose of the system; (4) revise the categories of
individuals covered by the system; (5) update the categories of records
in the system; (6) update record source categories; and (7) revise and
add routine uses.
DATES: Submit comments on or before February 10, 2021. This modified
system will be effective upon publication. New or modified routine uses
will be effective February 10, 2021.
ADDRESSES: You may submit comments, identified by docket number FEMA-
2020-0031 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Constantina Kozanas, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number FEMA-2020-0031. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Tammi Hines, (202) 212-5100, [email protected], Acting Senior
Director for Information Management, Federal Emergency Management
Agency, U.S. Department of Homeland Security, Washington, DC 20528. For
privacy questions, please contact: Constantina Kozanas, (202) 343-1717,
[email protected], Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
This modified system of records notice is being published because
the Federal Emergency Management Agency (FEMA) collects, maintains,
uses, retrieves, and disseminates personally identifiable information
of public officials, certifiers, applicants, and homeowners who are
involved in the Hazard Mitigation and Flood Mapping Process. 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
Mitigation Administration's (FIMA) Mitigation Planning Program oversees
and provides guidance to state, local, tribal, and territorial (SLTT)
governments that are required to develop a FEMA-approved risk-based
hazard mitigation plan. This plan is a precondition for receiving non-
emergency disaster assistance from the federal government, including
funding for flood hazard mitigation projects. FEMA collaborates with
SLTT mitigation planners and risk analysts to support the development,
review, and approval of SLTT hazard mitigation plans, tracks planned
mitigation actions, and facilitates collaboration among planners and
risk analysts.
The National Flood Insurance Act of 1968 (NFIA) (42 U.S.C. 4001 et
seq.), and as further amended by the Biggert Waters Flood Insurance
Reform Act of 2012, Public Law 112-141, establishes that FEMA will
provide flood insurance in communities that participate in the NFIP by
adopting and enforcing floodplain management ordinances that meet the
minimum NFIP requirements. The law requires FEMA to provide, maintain,
and make public flood hazard information and maps to support floodplain
management and insurance activities. FEMA's regulations implementing
NFIA, including the flood mapping program, may be found in 44 CFR 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 is defined as the area that will be
inundated by a flood event having a 1-percent chance of 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-percent annual-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 0.2-percent-
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.
Other related information may also be shown on different layers that
can be seen on FEMA's National Flood Hazard Layer available at
msc.fema.gov. In addition, community officials must use
[[Page 1989]]
these maps to manage development in flood-prone areas.
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) in response to
requests from community officials and property owners. Letters of Map
Changes include two types of map changes: Letter of Map Amendment
(LOMA) or Letter of Map Revision (LOMR). The procedures for both types
of map changes are outlined in 44 CFR 70 and 65, respectively. LOMRs
modify small portions of flood maps based on scientific and technical
information submitted to FEMA with a request to revise flood maps.
Conditional Letters of Map Revision (CLOMR) are provisional findings
for flood map revisions based on scientific and technical data based on
proposed changes to floodplain conditions.
Letters of Map Revision Based on Fill (LOMR-F) and Conditional
LOMR-Fs are specific types of (C)LOMR-based floodplain changes
consisting only of placement of earthen fill to raise the ground level
in the floodplain. LOMAs are modifications to the regulatory floodplain
based on documentation that adjacent grade for a particular property or
structure is naturally higher than the predicted flood elevation and
was therefore inadvertently included in the floodplain. A Conditional
LOMA (CLOMA) is a provisional finding that the adjacent grade for a
proposed structure was inadvertently included in the floodplain. A
Letter of Determination Review (LODR) is a finding by FEMA of whether
the documentation provided by the requester shows a particular property
to be in the floodplain or not.
Adequate Progress (Zone A99) determinations, regulated through 44
CFR 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 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 65.10 accreditation
requirements. Areas landward of the flood protection system that are
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 65.10 to have the levee system shown as
accredited (i.e., provide protection from the 1-percent-annual-chance
flood) or the levee system meets the mapping procedure(s) for non-
accredited levee systems.
FEMA performs the following tasks in support of flood mapping:
Identify and prioritize the need for flood hazard data
updates;
Schedule and track progress and quality of flood hazard
and risk studies;
Conduct community outreach and coordinate with SLTT
officials and the public on the flood hazard and risk study process;
Collect information to support flood hazard analysis from
a wide variety of sources including SLTT government organizations and
other organizations such as levee owners;
Provide public review of the proposed flood hazard data;
Adjudicate administrative appeals to flood hazards and
flood elevations;
Coordinate and track the request and processing of flood
map revisions and amendments;
Publish and distribute map revisions, amendments, flood
hazard and risk data, maps, and related information;
Respond to inquiries from stakeholders and help to resolve
issues related to flood maps;
Monitor the effectiveness of program delivery and
stakeholder satisfaction; and
Collaborate with SLTT mitigation planners and risk
analysts to support the development, review, and approval of SLTT
hazard mitigation plans, track planned mitigation actions, and
facilitate collaboration among planners and risk analysts.
The administrative appeals processes referenced above satisfy 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 participating communities to adopt these maps as the basis for
their land use regulations.
FEMA obtains information about individuals in various forms (paper
and electronic): By communicating with SLTT officials, their
contractors, and community members about flood maps and hazard
mitigation plans; by collecting requests for LOMCs from public records;
through FEMA's websites; and by operating call centers. These
activities allow FEMA to assist states with mitigation planning, as
well as to ensure FIRMs are accurate and up to date.
FEMA is updating this system of records notice to reflect the
following changes. First, the system location has been updated to more
accurately reflect the location of the records at the FEMA Headquarters
in Washington, DC and at field offices and electronically in the Risk
Analysis and Management (RAM) System (formerly Mapping Information
Platform (MIP) system, the Map Service Center, and Risk Map
collaboration sites) and LOMA-Logic. Second, the Biggert Waters Flood
Insurance Reform Act of 2012, Public Law 112-141, 126 Stat. 916 (and
codified in sections of 42 U.S.C. secs. 4101-4130) was added as an
authority for maintenance of the system and provides for public
disclosure flood hazard information and maps to support floodplain
management and insurance activities. Third, the purpose of the system
is being updated to document the broader flood mapping, risk analysis,
and hazard mitigation planning functions supported by the system, and
to include community outreach, including public meetings, in the hazard
mitigation and flood mapping processes. Fourth, the categories of
individuals have been revised to clarify that property owners include
applicants for letters of map change and to more accurately reflect
individuals solicited to attend public meetings related to flood hazard
identification and hazard mitigation and flood mapping activities.
Fifth, the categories of records have been updated to clarify that
information collected regarding property owners includes applicants for
Letters of Map Change; to include business website and business social
media account information for public officials, certifiers, and others
[[Page 1990]]
included in the approval process; and to include public records
(including voter records, tax records, real estate records, or
directories) that are collected to conduct outreach for attendance in
public meetings related to Letters of Map Change. Sixth, record source
categories are being updated to clarify that records come from
homeowners, tenants, state/local/tribal/territorial government, and
public records. Seventh, Routine Use E is being modified and Routine
Use F is being added to conform to Office of Management and Budget
Memorandum M-17-12 regarding breach notification and investigation.
Routine Use K was added to reflect that pursuant to the National Flood
Insurance Act, FEMA routinely makes available to the public: Name,
business contact information, and professional license information for
public officials, certifiers, engineers, and other licensed
professionals and their staff who participate in the development,
update, and approval of flood hazard maps. Additionally, this routine
use reflects that the address of the subject property is also publicly
disclosed. Routine Use L was added to account for testing of new
technology compatible with the purpose of this system of records.
Furthermore, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
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 modified 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, the Judicial Redress Act (JRA)
provides covered persons 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.
In accordance with 5 U.S.C. sec. 552a(r), DHS has provided a report
of this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (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 Risk
Analysis and Management (RAM) system (formerly Mapping Information
Platform (MIP) system, the Map Service Center, and Risk Map
collaboration sites) and the LOMA-Logic system.
Primary Production Server/Data Storage Locations:
Alleghany Ballistics Laboratory Data Center (Operated by IBM),
Rocket Center, WV
CDS Operations Sites:
Primary Local Operations Site (Operated by IBM), Fairfax, VA
Alleghany Ballistics Laboratory Data Center (Operated by IBM),
Rocket Center, WV
Secondary Local Operations Site (Operated by Michael Baker
International), Alexandria, VA
Backup Data Storage Sites (In Addition to Sites Already Listed
Above):
Alleghany Ballistics Laboratory (Operated by IBM), Rocket Center,
WV
Iron Mountain Secure Offsite Storage, Various U.S. locations
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, including the
Biggert Waters Flood Insurance Reform Act of 2012, Public Law 112-141,
126 Stat. 916 (codified in sections of 42 U.S.C. secs. 4001-4130); The
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
amended by the Disaster Mitigation Act of 2000 (DMA 2000), Public Law
106-390, 14 Stat. 1552; and 44 CFR parts 59-72.
PURPOSE(S) OF THE SYSTEM:
The purposes of this system of records are to support FEMA's flood
mapping, risk analysis, and hazard mitigation planning functions, which
are to: Identify and prioritize the need for flood hazard updates;
schedule and track progress and quality of flood hazard and risk
studies; conduct community outreach and coordinate with SLTT officials
and the public on the flood hazard and risk study process; collect
information to support flood hazard analysis from a wide variety of
sources, including SLTT government organizations and other
organizations such as levee owners; provide public review of the
proposed flood hazard data; adjudicate administrative appeals to flood
hazards and flood elevations; coordinate and track the request and
processing of flood map revisions and amendments; publish and
distribute flood hazard and risk data, maps, and related information,
as well as updates, revisions, and amendments thereto; respond to
inquiries from stakeholders and help to resolve issues related to flood
maps; monitor the effectiveness of program delivery and stakeholder
satisfaction; and collaborate with SLTT officials to support the
development, review, and approval of SLTT hazard mitigation plans,
track planned mitigation actions, and facilitate collaboration among
planners and risk analysts.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Members of the general public, including: Letters of map change
applicants/property owners, developers, investors, and their
representatives; realtors; certifiers, including Registered
Professional Engineers and Licensed Land Surveyors; state, local,
tribal, or territorial government officials with authority over a
community's flood
[[Page 1991]]
plain management activities, which includes Mapping Review Partners
(MRP); potential or confirmed respondents to customer service surveys/
focus groups; potential or confirmed attendees at FEMA's public
meetings or other outreach activities related to flood hazard
identification and flood mapping activities; and FEMA staff and
stakeholders registered to use FEMA's information technology systems
and collaboration sites.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full name;
Position or title;
Email addresses;
Addresses (mailing and property);
Business website or business social media account
information;
Public Records (such as voter records, tax records, real
estate records, or directories) to conduct outreach activities;
Company or community name;
Organization or agency name;
Six-digit NFIP community 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; and
[cir] Username;
[cir] Activation code;
[cir] Password;
[cir] Roles and responsibilities;
[cir] Challenge questions and answers; and
[cir] System permissions or permission levels.
Voluntary response 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., home and property
owners, tenants, investors, and property developers, or their
representatives); LOMC Certifiers (e.g., Registered Professional
Engineers and Licensed Land Surveyors); state, local, tribal, or
territorial government officials, including those with authority over a
community's floodplain management activities or other land use, 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. Records may
also be obtained from public records maintained by SLTT or private
entities, such as tax records, real estate records, voter records or
directories.
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.
sec. 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. sec. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies 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. secs. 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.
E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) 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 (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
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the 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.
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 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.
I. To state and local governments pursuant to signed agreements
allowing such governments to assist FEMA in making LOMC determinations.
J. To the U.S. Department of the Treasury for the processing of
payments for products and services.
K. To the public, in accordance with the National Flood Insurance
Act, the following information: Names and business contact information
of certifiers, public officials, and others involved in the
development, update, and approval of flood hazard maps,
[[Page 1992]]
including business websites or business social media account
information as well as the address of the subject property. This does
not include names or other information regarding the applicant/property
owner.
L. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data, that relate to the purpose(s) stated in this
SORN, for purposes of testing new technology.
M. 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, 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.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA authority N1-311-01-2, item 1, and FEMA
records disposition schedule FIA 1-2-2, FEMA retires community case
file materials to off-site storage when the record is three years old
and destroys the record 100 years after the retirement date.
In accordance with NARA authority N1-311-86-1, item 2.A.2, and FEMA
Records Disposition Schedule FIA-2, appeals records are cut off after
the appeal is resolved or the appealed map becomes effective and are
retired two years after cutoff. FEMA destroys appeals records 20 years
after cutoff.
Pursuant to NARA authority N1-311-86-1, item 2.A.3, and FEMA
Records Disposition Schedule FIA-3, digital preliminary flood maps are
destroyed five years after FEMA issues a flood elevation determination
or insurance rate map.
Pursuant to NARA authority N1-311-86-1, item 2.A.4, and FEMA
Records Disposition Schedule FIA-4, flood elevation determination (or
insurance rate) maps are permanent, cut off when superseded, and
transferred directly to the National Archives five years after cutoff,
or sooner, for permanent storage.
Pursuant to NARA authority DAA-GRS-2016-0012-0002, NARA's General
Record Schedule 5.5, item 20, and FEMA Records Disposition Schedule
COMM 2, FEMA stores copies of checks and credit card numbers received
by mail from stakeholders who request changes to the flood maps and who
request engineering library services to obtain copies of flood map
information for one year.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/FEMA safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/FEMA has imposed strict controls 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.
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 FEMA's
Freedom of Information Act (FOIA) Officer, whose contact information
can be found at https://www.dhs.gov/foia under ``Contact 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,
U.S. Department of Homeland Security, Washington, DC 20528-0655. Even
if neither the Privacy Act nor the Judicial Redress Act (JRA) 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 with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/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. sec. 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, https://www.dhs.gov/foia or 1-866-431-0486. In
addition, the individual should:
Explain why he or she believes the Department would have
information being requested;
Identify which component(s) of the Department he or she
believes may have the information;
Specify when the individual believes the records would
have been created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
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,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record.
[[Page 1993]]
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None
HISTORY:
82 FR 49404 (October 25, 2017); 71 FR 7990 (February 15, 2006).
Constantina Kozanas,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-00307 Filed 1-8-21; 8:45 am]
BILLING CODE 9111-19-P