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Federal Register / Vol. 71, No. 31 / Wednesday, February 15, 2006 / Notices

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[FEMA–2005–0042]
RIN 1660–ZA11

Privacy Act of 1974; National Flood
Insurance Program (NFIP); Letter of
Map Amendment (LOMA) System of
Records
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.

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AGENCY:

SUMMARY: Pursuant to the Privacy Act of
1974, the Department of Homeland
Security gives notice that its Federal
Emergency Management Agency
proposes to establish a System of
Records, entitled the Letter of Map
Amendment system, DHS/FEMA/NFIP/
LOMA–1. This system of records will
contain individually identifying
information voluntarily provided by
applicants for Letters of Map
Amendments to exclude properties from
special flood hazard area maps when
appropriate.
DATES: The proposed System of Records
will be effective March 17, 2006, unless
comments are received that result in a
contrary determination. The public is
invited to comment on the proposed
System of Records.
ADDRESSES: You may submit comments,
identified by FEMA–2005–0042 by one
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: FEMA-RULES@dhs.gov.
Include FEMA–2005–0042 in the
subject line of the message.
• Fax: 202–646–4536. (Not a toll-free
number).
• Mail: Please address them to the
Rules Docket Clerk, Office of General
Counsel, Federal Emergency
Management Agency, Room 406, 500 C
Street, SW., Washington, DC 20472;
Maureen Cooney, Acting Chief Privacy
Officer, 601 S. 12th Street, Arlington,
VA 22202.
• Hand Delivery/Courier: Please
address them to the Rules Docket Clerk,
Office of General Counsel, Federal
Emergency Management Agency, Room
406, 500 C Street, SW., Washington, DC
20472; Maureen Cooney, Acting Chief
Privacy Officer, 601 S. 12th Street,
Arlington, VA 22202.
FOR FURTHER INFORMATION CONTACT:
Rena Y. Kim, Privacy Act Officer, Room

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406, 500 C Street, SW., Washington, DC
20472; (telephone) (202) 646–3949;
Maureen Cooney, Acting Chief Privacy
Officer, Department of Homeland
Security, 601 S. 12th Street, Arlington,
VA 22202–4202 by telephone (571) 227–
3813 or facsimile (571) 227–4171.
SUPPLEMENTARY INFORMATION: The
Privacy Act (5 U.S.C. 552a) embodies
fair information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses and
disseminates personally identifiable
information. The 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
the individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual.
The Letter of Map Amendment (LOMA)
system established by this Notice is
such a system of records.
The Privacy Act requires each agency
to publish in the Federal Register a
description of the type and character of
each system of records that the agency
maintains, and the routine uses for
which such information may be
disseminated and the purpose for which
the system is maintained.
The Letter of Map Amendment system
will be used to support FEMA’s
administration of the National Flood
Insurance Program (NFIP). The National
Flood Insurance Act of 1968, Public
Law 90–448, as amended by the Flood
Disaster Protection Act of 1973, Public
Law 93–234, established the NFIP to
provide flood insurance in communities
that voluntarily adopt and enforce
floodplain management ordinances that
meet minimum NFIP requirements. As
part of the NFIP, FEMA assists
communities by producing flood maps
that indicate, among other things, which
properties are located in special flood
hazard areas (SFHA).
Limitations of scale or topographic
definition of the source maps used to
prepare the Flood Insurance Rate Map
(FIRM) may cause small areas that are
at or above the one percent annual
chance flood elevation to be
inadvertently shown within the SFHA
boundaries. In SFHAs, flood insurance
is required on properties with federallybacked loans. A property outside of an
SFHA is not required by FEMA to carry
flood insurance, and often lenders do
not require individuals who are
financing or refinancing properties
located outside of SFHAs to buy flood
insurance policies. For this reason,
individuals seek LOMAs to request that

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FEMA reverse the determination that
their property is situated in an SFHA.
FEMA offers administrative
procedures to review SFHA
designations and, with appropriate
engineering documentation, to exclude
property from inadvertent inclusion in
an SFHA. FEMA accomplishes this
through a LOMA, in which FEMA
officially states its position whether
property is located outside of a special
flood hazard area. FEMA’s regulations
for issuing LOMAs can be found in 44
CFR Part 70.
The new LOMA system of records
will contain personally identifying
information voluntarily provided by
applicants (individuals and/or certifiers
as described below) applying for
LOMAs.
• An individual is any person
financing or refinancing structures or
parcels of land (hereinafter referred to as
‘‘property’’ or ‘‘properties’’) with a
federally-backed loan. Examples of
individuals are home owners, investors,
and property developers.
• A certifier is a Registered
Professional Engineer or Licensed Land
Surveyor who provides technical
information, such as elevation, to
FEMA. Certifiers have the professional
credentials to analyze engineering
information. The certifier may provide
information either electronically or in
hard copy on behalf of the individual.
The information collected includes
the individual’s name, mailing address,
signature, and signature date. The
individual can voluntarily provide
daytime telephone number, e-mail
address, and fax number—which are not
required—but which enables FEMA to
contact the individual should questions
arise. In addition, the certifier is
required to provide name, professional
license number and expiration date,
company name, property address or
legal description, e-mail address, and
business telephone number. The
certifier can voluntarily provide a fax
number that enables FEMA to fax
documents related to the LOMA.
The information will be collected in
hard copy format and maintained at
FEMA’s repository located at 847 South
Pickett Street, Alexandria, VA 22034, or
electronically through the proposed
mapping information platform (MIP).
The collected information will be
maintained either as paper records or
computerized files retrieved by an
individual’s property address or legal
description and/or case number.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget (OMB) and to
Congress.

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Federal Register / Vol. 71, No. 31 / Wednesday, February 15, 2006 / Notices
SYSTEM NAME:

Letter of Map Amendment System
(LOMA), DHS/FEMA/NFIP/LOMA–1.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

Electronic: Solutions Delivery Center
(SDC), 3039 Cornwallis Road, Building
301, Dock 85/86, Research Triangle
Park, North Carolina 27709. Paper:
FEMA’s Map Modernization Library,
847 South Pickett Street, Alexandria VA
22034.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

The system covers only applicants
(individuals and/or certifiers) who are
seeking a letter of map amendment
(LOMA).
CATEGORIES OF RECORDS IN THE SYSTEM:

There are three ways to apply for a
LOMA. They include the paper only
MT–1 form, online MT–EZ, and
electronic LOMA (eLOMA). The
associated categories of records include:
• Individual’s name
• Individual’s mailing address
• Individual’s signature
• Individual’s signature date
• Certifier’s (registered professional
engineer or licensed land surveyor)
name
• Certifier’s professional license
number
• Certifier’s professional license
expiration date
• Certifier’s company name
• Individual’s property address
• Individual’s legal property
description
• Certifier’s business telephone
number
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The National Flood Insurance Act of
1968, Public Law 90–448, as amended
by the Flood Disaster Protection Act of
1973, Public Law 93–234.
PURPOSE:

This system is maintained for the
purpose of determining an applicant’s
eligibility for LOMAs. An applicant can
be a private individual or a certified
professional.

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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 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:

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A. To an agency, organization, or
individual for the purposes of
performing authorized audit or
oversight operations.
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 contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
government, when necessary to
accomplish an agency function related
to this.
D. Where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil or regulatory—the relevant records
may be referred to an appropriate
Federal, State, territorial, tribal, local,
international, or foreign agency law
enforcement authority or other
appropriate agency charged with
investigating or prosecuting such a
violation or enforcing or implementing
such law.
E. To the Department of Justice (DOJ)
or other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, when: (a) DHS, or (b) any
employee of DHS in his/her official
capacity, or (c) any employee of DHS in
his/her individual capacity where DOJ
or DHS has agreed to represent the
employee, or (d) the United States or
any agency thereof, is a party to the
litigation or has an interest in such
litigation.
F. To the National Archives and
Records Administration (NARA) or
other Federal government agencies
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. Sections 2904 and
2906.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

Privacy Act information may be
reported to consumer reporting agencies
pursuant to 5 U.S.C. 552a(b)(12).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM.
STORAGE:

Official records in this system are
stored on paper at the FEMA Map
Modernization Library, located at 847
South Pickett Street, Alexandria VA
22034. Electronic records will be stored
at the FEMA’s limited access facility—
Service Delivery Center, located at 3039
East Cornwallis Road, Raleigh NC

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27709. Computerized records are stored
in a database server in a secured file
server room. Personally identifying
information is appropriately stored in
accordance with the DHS Information
Technology Security Program
Handbook.
RETRIEVABILITY:

Records are retrieved by the
individual’s property address or, if there
is no address, by the legal description of
the property. Records are also retrieved
by the individual’s uniquely identifying
case number.
SAFEGUARDS:

Safeguards include restricting access
to authorized personnel who have a
need to know, using locks, and
password protection identification
features. File areas are locked after
normal duty hours, and the facilities are
protected by security personnel or
technology such as security cameras.
Use of the database and physical
records will be carefully monitored by
the system administrators and the
library administrators at:
• Paper: FEMA Map Modernization
Library, 847 South Pickett Street,
Alexandria VA 22034
• Electronic: Service Delivery Center,
3039 East Cornwallis Road, Raleigh NC
27709
The system has an audit trail of
changes made to the application and the
user identification of who made the
changes. Electronic records are also
safeguarded by software programs that
monitor traffic to identify unauthorized
attempts to upload or change
information or otherwise cause damage.
Unauthorized attempts to upload or
change information are prohibited and
may be punishable under the Computer
Fraud and Abuse Act of 1986 and the
National Information Infrastructure
Protection Act.
RETENTION AND DISPOSAL:

The retention schedule has been
approved by NARA. The NARA
authority is N1–311–86–1 2A2c; the
retention period is 20-years. Electronic
copies of MT–EZs and eLOMAs will be
printed and retained in the same
manner as hard copies.
SYSTEM MANAGER(S) AND ADDRESS:

Paper: FEMA Map Modernization
Library, 847 South Pickett Street,
Alexandria VA 22034. Electronic:
Service Delivery Center, 3039 East
Cornwallis Road, Raleigh NC 27709.
NOTIFICATION PROCEDURE:

A request for access to records in this
system may be made by writing to the
System Manager, identified above, or to

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Federal Register / Vol. 71, No. 31 / Wednesday, February 15, 2006 / Notices

the Privacy Act Officer, in conformance
with 6 CFR part 5, subpart B and 44 CFR
part 6, which provides the rules for
requesting access to Privacy Act records.
RECORD ACCESS PROCEDURE:

The procedures for individuals to gain
access to their own information are
listed both in FEMA’s and the DHS’s
Privacy Act regulations, 44 CFR part 6
and 6 CFR part 5, subpart B. Requests
for Privacy Act protected information
must be made in writing, and clearly
marked as a ‘‘Privacy Act Request.’’ The
name of the requester, the nature of the
record sought, and the required
verification of identity must be clearly
indicated. Requests should be sent to:
Privacy Act Officer, DHS/FEMA, Office
of General Counsel, Room 406, 500 C
Street, SW., Washington DC 20472.
CONTESTING RECORD PROCEDURES:

Same as Record Access Procedure
(above). State clearly and concisely the
information being contested, the reasons
for contesting it, and the proposed
change to the record.
RECORD SOURCE CATEGORIES:

The information will come from
individuals and certifiers.
EXEMPTION CLAIMED FOR THE SYSTEM:

None.
Dated: February 9, 2006.
Maureen Cooney,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E6–2122 Filed 2–14–06; 8:45 am]
BILLING CODE 4410✖P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5031–C–02]

Section 8 Housing Assistance
Payments Program—Contract Rent
Annual Adjustment Factors, Fiscal
Year 2006: Correction
Office of Policy Development
and Research, HUD.
ACTION: Notice of revised contract rent
Annual Adjustment Factors, correction.

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AGENCY:

SUMMARY: This notice makes corrections
to the revised Annual Adjustment
Factors (AAFs) published in the Federal
Register on December 1, 2005 (70 FR
72168), for two areas: the Midwest
region and the South region. The
numbers for these two areas were
reversed. The correct numbers were
used in calculating Fair Market Rents
(FMRs) and in other publications that
used FMRs or AAFs.
DATES: Effective Date: December 1, 2005.

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FOR FURTHER INFORMATION CONTACT:

David Vargas, Senior Advisor, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, (202) 708–0477 can
respond to questions relating to the
Section 8 Voucher, Certificate, and
Moderate Rehabilitation programs; Mark
Johnston, Office of Special Needs
Assistance Programs, Office of
Community Planning and Development,
(202) 708–1234, for questions regarding
the Single Room Occupancy Moderate
Rehabilitation program; Willie
Spearmon, Director, Office of Housing
Assistance and Grant Administration,
Office of Housing, (202) 708–3000, for
questions relating to all other Section 8
programs. Marie L. Lihn, Economic and
Market Analysis Division, Office of
Policy Development and Research (202)
708–0590, is the contact for technical
information regarding the development
of the factors for specific areas or the
methods used for calculating the AAFs.
Mailing address for above persons:
Department of Housing and Urban
Development, 451 Seventh Street, SW,
Washington, DC 20410. Hearing- or
speech-impaired persons may contact
the Federal Information Relay Service at
1–800–877–8339 (TTY). (Other than the
‘‘800’’ TTY number, the above-listed
telephone numbers are not toll-free.)

Dated: February 9, 2006.
Harold L. Bunce,
Deputy Assistant Secretary for Economic
Affairs.
[FR Doc. E6–2148 Filed 2–14–06; 8:45 am]
BILLING CODE 4210–27–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
Exxon Valdez Oil Spill Trustee Council;
Notice of Meeting
Office of the Secretary,
Department of the Interior.
ACTION: Notice of meeting.
AGENCY:

SUMMARY: The Department of the
Interior, Office of the Secretary is
announcing a public meeting of the
Exxon Valdez Oil Spill Public Advisory
Committee.
DATES: March 6, 2006, at 10 a.m.
ADDRESSES: Exxon Valdez Oil Spill
Trustee Council Office, 441 West 5th
Avenue, Suite 500, Anchorage, Alaska.
FOR FURTHER INFORMATION CONTACT:
Douglas Mutter, Department of the
Interior, Office of Environmental Policy
and Compliance, 1689 ‘‘C’’ Street, Suite
119, Anchorage, Alaska 99501, (907)
271–5011.
Correction
SUPPLEMENTARY INFORMATION: The
Accordingly, in FR Doc 02–5031, a
Public Advisory Committee was created
document published on December 1,
by Paragraph V.A.4 of the Memorandum
2005 (70 FR 72168), is corrected as
of Agreement and Consent Decree
follows:
entered into by the United States of
1. On page 72170, Schedule C, Table
America and the State of Alaska on
1, the entries for Midwest region and
August 27, 1991, and approved by the
South region are corrected to read as
United States District Court for the
follows:
District of Alaska in settlement of
United States of America v. State of
Highest Cost Utility
Alaska, Civil Action No. A91–081 CV.
2006 Contract Rents,
Table 1
Included
Excluded The meeting agenda will include a
discussion of restoration
Midwest Region ........
1.022
1.013 recommendations related to resources
South Region ............
1.029
1.024 injured by the oil spill.

1. On page 72175, Schedule C, Table
2, the entries for the Midwest region and
the South region are corrected to read as
follows:

Willie R. Taylor,
Director, Office of Environmental Policy and
Compliance.
[FR Doc. E6–2082 Filed 2–14–06; 8:45 am]
BILLING CODE 4310–RG–P

2006 Contract Rents,
Table 2
Midwest Region ........
South Region ............

Highest Cost Utility
Included
1.012
1.019

Excluded
1.003
1.014

These changes only affect the report
as published in the Federal Register.
The correct factors were used to update
Fair Market Rents. The PHA-designated
AAFs do not include this error. It is
only an error in the report printed for
the Federal Register Notice.

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DEPARTMENT OF THE INTERIOR
Notice of Natural Resource Damage
Assessment and Restoration Advisory
Committee Meeting
Office of the Secretary, Natural
Resource Damage Assessment and
Restoration Program Office.
ACTION: Notice; FACA Committee
Meeting Announcement.
AGENCY:

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