82 FR 49404 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 82, Issue 205 (October 25, 2017)

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) proposes to establish a new DHS system of records titled ``DHS/FEMA-014 Hazard Mitigation Planning and Flood Mapping Products and Services Records System of Records.'' This system of records notice replaces the current DHS system of records titled, ``Letter of Map Amendment (LOMA), DHS/FEMA/NFIP/LOMA-1'' system of records, 71 FR 7990 (Feb. 15, 2006). This new system of records notice describes FEMA's collection and maintenance of records on individuals who are involved in the creation and updating of flood maps, individuals requesting information on or purchasing flood map products or services, and individuals involved with hazard mitigation planning. This newly established system will be included in the Department of Homeland Security's inventory of record systems.

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49404-49407]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23205]



[[Page 49404]]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0029]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of New Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) 
proposes to establish a new DHS system of records titled ``DHS/FEMA-014 
Hazard Mitigation Planning and Flood Mapping Products and Services 
Records System of Records.'' This system of records notice replaces the 
current DHS system of records titled, ``Letter of Map Amendment (LOMA), 
DHS/FEMA/NFIP/LOMA-1'' system of records, 71 FR 7990 (Feb. 15, 2006). 
This new system of records notice describes FEMA's collection and 
maintenance of records on individuals who are involved in the creation 
and updating of flood maps, individuals requesting information on or 
purchasing flood map products or services, and individuals involved 
with hazard mitigation planning. This newly established system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Submit comments on or before November 24, 2017. This new system 
will be effective upon publication. New or modified routine uses are 
effective November 24, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0029 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
William Holzerland, (202) 212-7719, Senior Director for Information 
Management, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472. For privacy questions, please contact: Philip S. 
Kaplan, (202) 343-1717, Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) Federal Emergency Management 
Agency (FEMA) proposes to establish a new DHS system of records titled 
``DHS/FEMA-014 Hazard Mitigation Planning and Flood Mapping Products 
and Services Records System of Records.'' This replaces an existing 
DHS/FEMA system of records, titled ``Letter of Map Amendment (LOMA), 
DHS/FEMA/NFIP/LOMA-1'' system of records, 71 FR 7990 (Feb. 15, 2006). 
FEMA administers the National Flood Insurance Program (NFIP) and Hazard 
Mitigation Planning Programs. The Robert T. Stafford Disaster Relief 
and Emergency Assistance Act, as amended by the Disaster Mitigation Act 
of 2000, provides the legal basis for FEMA and other government 
agencies to undertake a risk-based approach to reducing losses from 
natural hazards through mitigation planning. The Federal Insurance and 
Mitigation Administration's (FIMA) Mitigation Planning Program oversees 
and provides guidance to state, tribal, and local governments that are 
required to develop a FEMA-approved, 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 tracks the implementation of state, 
tribal, and local government hazard mitigation plans to help 
communities across the Nation identify new mitigation strategies, 
improve planned mitigation actions, and advance planned actions.
    The National Flood Insurance Act of 1968, as amended (NFIA) (42 
U.S.C. 4001 et seq.) establishes that FEMA will provide flood insurance 
in communities that adopt and enforce floodplain management ordinances 
that meet the minimum NFIP requirements. The law requires FEMA to 
provide and maintain flood maps to support floodplain management and 
insurance activities. FEMA's regulations implementing the NFIA, 
including the flood mapping program, may be found in 44 CFR parts 59-
72.
    The NFIA requires insurance companies that write flood insurance 
policies on behalf of the NFIP to use FEMA flood maps to determine 
insurance rates. These flood maps consist of zones or areas. Flood 
hazard areas identified on FEMA flood maps are identified as a Special 
Flood Hazard Area (SFHA). SFHA are defined as the area that will be 
inundated by a flood event having a 1-percent chance of 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. In 
addition, community officials must use these maps to manage development 
in flood-prone areas. FEMA performs the following tasks in support of 
flood map productions: (1) Tracks requests for FIRM updates from 
community officials; (2) schedules and tracks progress and quality of 
floodplain studies; (3) conducts community outreach and coordinates 
with communities and the public on the floodplain study process; (4) 
collects information from communities and other organizations such as 
levee owners; (5) provides public review of the proposed flood hazard 
data resulting from the studies; (6) adjudicates administrative appeals 
to the studies; and (7) coordinates and tracks the request and 
processing of flood map revisions and updates.
    The administrative appeals process referenced above satisfies due 
process obligations owed to affected communities and property holders. 
This requirement includes making available to the public the relevant 
data documenting the scientific and technical basis of the maps and 
documenting the community and public coordination processes associated 
with the development and publication of the maps. The NFIA also 
requires communities to adopt these maps as the basis for their land 
use regulations.
    FEMA flood maps are subject to revision through the Letters of Map 
Change (LOMC) administrative process. Letters of Map Changes are 
documents issued by FEMA to revise or amend the flood hazard 
information shown on the Flood Insurance Rate Map (FIRM). Letters of 
Map Changes include two types of map changes: Letter of Map Amendment 
(LOMA) or Letter of Map Revision (LOMR). A LOMA is a flood map change 
based only on the

[[Page 49405]]

placement of the floodplain boundary relative to existing ground 
elevations, usually for small areas. A LOMR is a change that often 
covers a larger area, based on better scientific or technical data or 
changes to the floodplain and may require a flood map revision.
    Adequate Progress (Zone A99) determinations, regulated through 44 
CFR part 61.12, provide for lower flood insurance premium rates in 
areas where FEMA determines that a community has made adequate progress 
on its construction or reconstruction of a project designed for flood 
risk reduction. These areas, landward of the flood protection system, 
are designated as Zone A99 on the FIRM and flood insurance premium 
rates and floodplain management requirements are generally less than 
those required in other SFHAs (e.g., Zone AE, Zone AO, and Zone AH). 
Flood Protection Restoration (Zone AR) determinations, regulated 
through 44 CFR part 65.14, may provide reduced flood insurance premium 
rates and floodplain management regulations in areas where FEMA has 
issued a determination that a project is sufficiently underway to 
restore a flood protection system to meet 44 CFR part 65.10 
accreditation requirements. Areas landward of the flood protection 
system that is being rehabilitated are designated as Zone AR on the 
FIRM, and may have base flood elevations (BFE) representing the current 
risk as if the flood protection system was not in place.
    FEMA accepts, reviews, and tracks applications from levee owners 
and communities seeking Zone AR designations, Zone A99 designations, 
and recognition of accredited levee systems on FIRMs. To support a 
mapping project, levee owners and communities have the responsibility 
to provide documentation that either a levee system meets the 
requirements of 44 CFR part 65.10 to have the levee system shown as 
accredited (i.e., provide protection from the 1-percent-annual-chance 
flood) or the levee system meets the mapping procedure(s) for non-
accredited levee systems.
    FEMA collects information about individuals using various forms 
(paper and electronic), information technology (IT), and call centers 
to assist states with mitigation planning, as well as to ensure FIRMs 
are accurate and up to date. Specifically, FEMA collects and uses 
personally identifiable information (PII) within this system of records 
to: (1) Help the public locate maps for a geographic area of interest; 
(2) provide responses to the flood mapping products and services 
customers; (3) track mitigation plan applications and that plan's 
status with respect to the plan review cycle; (4) process online 
payments for LOMCs; (5) deliver products to community officials as new 
final mapping products become available; (6) create IT access accounts 
and profiles; (7) identify the property relevant to a LOMC request; (8) 
determine whether a structure is in the floodplain; (9) facilitate 
customer service surveys/focus groups; and (10) facilitate contact or 
correspondence between FEMA and other mitigation planning and flood 
mapping products and services stakeholders.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/FEMA-014 Hazard Mitigation Planning and Flood Mapping 
Products and Services System of Records may be shared with other DHS 
Components that have a need to know the information to carry out their 
national security, law enforcement, immigration, intelligence, or other 
homeland security functions. In addition, DHS/FEMA may share 
information with appropriate Federal, state, local, tribal, 
territorial, foreign, or international government agencies consistent 
with the routine uses set forth in this system of records notice.
    This newly established system will be included in DHS's inventory 
of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. Additionally, and similarly, the Judicial Redress 
Act (JRA) provides a covered person with a statutory right to make 
requests for access and amendment to covered records, as defined by the 
JRA, along with judicial review for denials of such requests. In 
addition, the JRA prohibits disclosures of covered records, except as 
otherwise permitted by the Privacy Act.
    Below is the description of the DHS/FEMA-014 Hazard Mitigation 
Planning and Flood Mapping Products and Services Records System of 
Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.

SYSTEM NAME AND NUMBER:
    DHS/FEMA-014 Hazard Mitigation Planning and Flood Mapping Products 
and Services Records System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Program Management, Risk Management Program, Federal Insurance and 
Mitigation Administration, 400 C Street SW., Washington, DC 20472.

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

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

[[Page 49406]]

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

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

CATEGORIES OF RECORDS IN THE SYSTEM:
     Full name;
     Position or title;
     Addresses (mailing and property);
     Email addresses;
     Company or community name;
     Organization or agency name;
     Six-digit NFIP community number;
     Telephone number;
     Fax number;
     Professional license number;
     Professional license expiration date;
     Signature;
     Signature date;
     Fill placement and date;
     Type of construction;
     Elevation data;
     Base Flood Elevation (BFE) data;
     Legal property description;
     FEMA region number (1-10);
     Transcripts of conversations with FEMA call centers or 
helpdesk including name, address, phone number, email address, caller 
type (e.g., property owner, realtor); chat subject; and chat subject 
category;
     Bank name and account information including electronic 
funds transfer, and credit/debit card account information;
     Payment confirmation number;
     User account creation and access information:
    [cir] Username;
    [cir] Activation code;
    [cir] Password;
    [cir] Roles and responsibilities;
    [cir] Challenge questions and answers; and
    [cir] System permissions or permission levels.
     Voluntary responses to customer satisfaction and 
experience surveys and focus groups, including demographic information 
about the individual.

RECORD SOURCE CATEGORIES:
    Records are obtained from individuals (e.g., homeowners, investors, 
and property developers); LOMC Certifiers (e.g., Registered 
Professional Engineers and Licensed Land Surveyors); state or local 
government officials with authority over a community's floodplain 
management activities, which includes MRPs; FEMA staff and stakeholders 
registered to use SharePoint information and collaboration portals; the 
FEMA Community Information System (CIS) system; and the cloud-based 
LOMA-LOGIC tool.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys 
Offices, or other Federal agency conducting litigation or proceedings 
before any court, adjudicative, or administrative body, when it is 
relevant or necessary to the litigation and one of the following is a 
party to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS determines that information from this system of records is 
reasonably necessary and otherwise compatible with the purpose of 
collection to assist another federal recipient agency or entity in (1) 
responding to a suspected or confirmed breach or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach; or
    2. DHS suspects or has confirmed that there has been a breach of 
this system of records; and (a) DHS has determined that as a result of 
the suspected or confirmed breach, there is a risk of harm to 
individuals, DHS (including its information systems, programs, and 
operations), the Federal Government, or national security; and (b) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist with DHS's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To state and local governments pursuant to signed agreements 
allowing such governments to assist FEMA in making LOMC determinations.
    I. To the United States Department of the Treasury for the 
processing of payments for product and services.
    J. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel,

[[Page 49407]]

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

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

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer and 
Headquarters or FEMA's FOIA Officer, whose contact information can be 
found at http://www.dhs.gov/foia under ``Contacts Information.'' If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her, the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, Washington, DC 20528-0655. Even if 
neither the Privacy Act nor the Judicial Redress Act provide a right of 
access, certain records about you may be available under the Freedom of 
Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform to the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his or her 
identity, meaning that the individual must provide his or her full 
name, current address, and date and place of birth. The individual must 
sign the request, and the individual's signature must either be 
notarized or submitted under 28 U.S.C. 1746, a law that permits 
statements to be made under penalty of perjury as a substitute for 
notarization. While no specific form is required, an individual may 
obtain forms for this purpose from the Chief Privacy Officer and Chief 
Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-
431-0486. In addition, the individual should:
     Explain why the individual believes the Department would 
have information on him or her;
     Identify which component(s) of the Department the 
individual believes may have the information about him or her;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying his/her agreement for the first 
individual to access his or her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, see 
``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    ``Letter of Map Amendment (LOMA), DHS/FEMA/NFIP/LOMA-1'' system of 
records, 71 FR 7990 (Feb. 15, 2006).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-23205 Filed 10-24-17; 8:45 am]
BILLING CODE 9110-17-P