Drafted System of Records Notice (SORN)

DRAFT 10082010

9110-17

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Privacy Act of 1974; Department of Homeland

Federal

Agency - 002 National Flood Insurance Program Letter of Map Change System of
l'-"....V".."

(previously titled 1 National Flood Insurance Program Letter

Map

Amendments System of Records)

AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act "v"...,n
SUMMARY: In accordance

the

records.
Act of 1974 the

of Homeland

Security proposes to update and reissue a system of records titled, Department of
Homeland Security Federal Emergency Management Agency - 1
Insurance Program Letter of Map Amendment System of Records,
This

Flood
15,2006.

of records will contain personally identifiable information voluntarily

provided by applicants for National Flood Insurance Program MT -1
Change (LOMCs), which include Letters

of Map
of

Map Amendment,

Map Amendment, Letters of Map Revision based on

and

Revision based on Fill, and MT-2 LOMCs, which include Letters
Conditional Letters of Map Revision. LOMCs, when granted by

Letters of Map
Revision and
amend or

Flood Insurance Rate Maps to exclude properties or areas of land from Special
Flood

(SFHAs) or to modify the geographic boundaries of SFHAs. As a

result of the biennial review of this system, the Department of Homeland Security is

DRAFT 10082010

proposing changes to a.) the system name to reflect the National Flood Insurance
Program and numbering change from 1 to 002; b.) the categories of records to reflect the
addition of Federal Emergency Management Agency fonn MT-l; c.) the routine uses to
better align with the system; and d.) storage, safeguards, and notification procedures.
DATES: Submit comments on or before [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. This new system will be effective
[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
ADDRESSES: You may submit comments, identified by docket number DHS-2010­
by one of the following methods:
• Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions
for submitting comments.
• Fax: 703-483-2999.
• Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
• Instructions: All submissions received must include the agency name and docket
number for this rulemaking. All comments received will be posted without change
to http://www.regulations.gov, including any personal infonnation provided.
• Docket: For access to the docket to read background documents or comments
received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Thomas R. McQuillan (202-646-3323), Privacy Officer, Federal Emergency
Management Agency, Department of Homeland Security, Washington, D.C. 20472. For

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10082010

privacy issues please contact: Mary Ellen Callahan (703-235-0780), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,

D.C.

20528.
SUPPLEMENTARY INFORMATION:
L Background
In accordance with the Privacy Act of 1974,5 U.S.C. §

the Department of

Homeland Security (DHS) Federal Emergency Management Agency (FEMA) is updating
and reissuing a system of records titled, DHSIFEMA

1 NFIP LaMA System of

Records (71 FR 7990, February 15,2006). Updating and reissuing the subject system of
records notice is nec:ess:ru to 1) reflect updates and changes for FEMA Forms MT-l,
MT-2, and MT-EZ;

ensure consistency with the Mapping Information Platform (MIP)

Privacy Impact Assessment (January 27, 2006) that is being updated and changed to
ensure its consistency with this system of records notice; and 3) to

proper

reference to MT-2 Letters of Map Change (LOMCs), which include Letters of Map
Revision and Conditional Letters of Map Revision. Specific updates are described below:
The Department is changing the name of the system to reflect a numbering
change from 1 to 002. The updated system will

titled DHSIFEMA - 002 NFIP Letter

of Map Change (LOMC) System of Records. This change is
reference to MT-2 LOMCs, which include

to include proper

of Map Revision and Conditional

Letters of Map Revision.
This system of records is being updated and revised to reflect updates to FEMA
Form MT-l, MT-2, and MT-EZ. Specifically, this system of record notification includes
the addition of the individual's phone number, fax number, and e-mail address, and the

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DRAFT 10082010

certifier's address and fax number, as provided on the FEMA Form MT-l, MT-2, and

Also, this

is being updated and revised to reflect updates to the

Mapping Information Platform (MIP) Privacy Impact Assessment (PIA)(January 27,

2006). The updates and revisions to the existing MIP PIA are

to better align the

PIA with this revised ..",,,,... n. of record notification.
The National Flood Insurance Act of 1968, Public

90-448, as amended by

the Flood Disaster Protection Act of 1973, Public Law 93-234, established that the
National Flood Insurance Program will provide flood insurance in communities that
voluntarily adopt and enforce floodplain management ordinances that

minImum

NFIP requirements. The NFIP assists communities by producing flood maps that
indicate, among other things, which properties or areas of land are located in Special
Flood Hazard Areas (SFHA). The DHSIFEMA - 002 NFIP LOMe System of Records is
used to support FEMA's administration of the NFIP.
Limitations in scale or topographic definition of the source maps used to
the Flood Insurance Rate Map (FIRM) may cause small areas that are at or above
one-percent annual

flood elevation to

inadvertently shown

the SFHA

boundaries. Additionally, man-made changes to and around areas subject to flooding may
change the one-percent annual chance flood elevation depicted on a FIRM, thereby
changing the SFHA. In

flood insurance is required on properties with federally-

backed loans. A property outside of a SFHA is not required by FEMA to carry flood
insurance, and often

do not

refinancing properties located outside

property owners who are

J.1U';+U",AUj;<,

or

SFHAs to buy flood insurance policies. For this

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DRAFT 10082010

reason, individuals seek NFIP MT-l

MT-2 LOMCs to request that FEMA reverse

the detennination made which allocates that their property is located in an SFHA
DHSIFEMA offers administrative procedures to review SFHA designations with
appropriate engineering and topological documentation, to exclude

from

inadvertent inclusion in a SFHA FEMA accomplishes this through a NFIP MT-1
LOMC, in which FEMA officially states its position on whether the property is ""~~' Licensed
Land Surveyor, or authorized community official).

Routine uses of records maintained in the system, including categories

of users and the purposes of such uses:

In addition to those disclosures generally permitted under 5
the Privacy Act, all or a portion of the records or information contained
may be disclosed outside

§ 552a(b) of
this system

as a routine use pursuant to 5 U.S.C. § 552a(b)(3) as

follows:

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DRAFT 10082010

To the Department of Justice (including United States Attorney Offices) or
other federal agency conducting litigation or in proceedings before any court,
adjudicative or administrative body, when it is necessary to the

and one of the

following is a party to the litigation or has an interest in such litigation:
1. DHS or any component thereof;

any employee of DHS in hislher official capacity;

3. any employee

DHS in hislher individual capacity

DOJ or DHS has

agreed to represent the employee; or
4. the United States or any agency thereof, is a party to the
interest

or has an

such litigation, and DHS determines that the records are both relevant and

necessary to the litigation and the use of such records is compatible
which DHS collected

the purpose for

records.

B. To a congressional office from the record of an individual in response to an
inquiry from that congressional office made at the request of the

to whom the

record pertains.
C. To the National Archives and Records Administration or other federal
government agencies pursuant to records management inspections being conducted under
the authority of 44 U.S.C. §§ 2904 and 2906.
D. To an agency, organization, or individual for the purpose of performing audit
or oversight operations as authorized by law, but only such information as is H'-'''-''''''''''ru
and relevant to such audit or oversight function.
To appropriate agencies, entities,

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persons when:

DRAFT 10082010
L

of

suspects or has confinned that the security or

infonnation in the system

records has been compromised;

2. The Department has detennined that as a result of the suspected or
confinned compromise there is a risk ofhann to economic or property interests, identity
or fraud, or hann to the security or integrity of this system or other systems or
programs (whether maintained by DHS or another agency or entity) or hann to the
individual that rely upon the compromised infonnation; and
3. The disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with DHS' efforts to respond to the suspected or
confinned compromise and prevent, minimize, or remedy such hann.
To contractors and their agents, grantees, experts, consultants, and others
perfonning or working on a contract, service, grant, cooperative agreement, or other
assignment for

when necessary to accomplish an agency function

to this

system of records. Individuals provided infonnation under this routine use are subject to
the same Privacy Act

and limitations on disclosure as are applicable to DHS

officers and employees.
G.

an appropriate federal, state, tribal, local, international, or foreign law

enforcement agency or other appropriate authority charged with

or

prosecuting a violation or enforcing or implementing a law, rule, regulation, or order,
where a record, either on its face or in conjunction with other infonnation, 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.

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DRAFT 10082010

H. To

public, with the approval of the Chief Privacy

and

news

Officer in consultation with

when there

disclosure of the information or when disclosure is

a legitimate

U ..UAU ....

to preserve confidence in

the integrity of DRS or is necessary to demonstrate the accountability
employees, or individuals
release

r'C\'uprp"

by

system,

interest in the

DRS' officers,

to the extent it is determined that

the specific information in the context of a particular case would constitute an

unwarranted invasion of personal privacy.

Disclosure to consumer reporting agencies:

None.

Policies and Practices for storing, retrieving, accessing, retaining, and disposing of

records in the system.

Storage:

Records in this system are stored electronically or on paper in secure facilities
locked drawer behind a locked door. The records are stored on magnetic disc, tape,
digital media, and CD-ROM.

RetrievabiHty:
Records are retrieved by the individual's property address or, ifthere is no
address, by the legal description of the property. Records are also retrieved by
individual's uniquely identifying case number.

Safeguards:
Records in this system are safeguarded in accordance with applicable rules and
policies, including all applicable DRS automated systems security and access policies.
Strict controls have

imposed to minimize the risk of compromising the information

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a

DRAFT 10082010

that is 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

appropriate clearances or permissions.

Retention and Disposal:
Records in the system are retained for 20 years after creation of the record in
accordance with records schedule N 1 11-86-1 2A2c.

System Manager(s) and Address:
Program Manager (877-336-2627), National Flood Insurance

v"'........ Letter of

Map Change Program, Federal Emergency Management Agency, 500 C. Street SW,
Washington, D.C. 20472-3100.

Notification Procedure:
Individuals seeking notification of and access to

record contained in this

system of records, or seeking to contest its content, may submit a request in writing to the
Federal Emergency Management Agency FOIA Officer, whose contact information can
be found at http://www.dhs.gov/foia under "contacts."
In addition you should provide the following:
• An explanation of why you believe the Department would have

on

you;
.. Identify which component(s) of the Department you believe may have the
information about you;
• Specify when you believe the records would have been created;
• Provide any other information that will help the FOIA staff determine which DHS
component

~"" ........ T

may have responsive records; and

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DRAFT 10082010

• If your request is seeking records pertaining to another living individual, you
should include a statement from that individual certifying hislher agreement for
you to access hislher records.
Without this bulleted information the component(s) may not be able to conduct an
effective search, and your request may be denied due to lack of specificity or lack of

compliance with applicable regulations.

Record Access Procedure:

See "Notification procedure" above.

Contesting Record Procedures:
See "Notification procedure" above.

Record Source Categories:
Records are obtained from individuals and certifiers.

Exemption Claimed for the System:
None.
Dated:

Mary Ellen Callahan,
Chief Privacy Officer,
Department of Homeland Security.

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