[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Notices]
[Pages 47228-47231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22710]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Privacy Act of 1974: Proposed New Routine Use of Existing System 
of Records

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of a proposed new routine use to an existing system of 
records.

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SUMMARY: Under the Privacy Act of 1974, 5 U.S.C. 552a, we, the Federal 
Insurance and Mitigation Administration (FIMA) of FEMA, give notice of 
a proposed new routine use to be added to an existing system of records 
entitled FEMA/FIA-2, National Flood Insurance Application and Related 
Documents Files.

EFFECTIVE DATE: The proposed routine use is effective, without further 
notice, September 26, 2001, unless comments necessitate otherwise.

ADDRESSES: We invite your comments on this new routine use. Please send 
them to the Rules Docket Clerk, Office of the General Counsel, Federal 
Emergency Management Agency, room 840, 500 C Street, SW., Washington, 
DC 20472; (telefax) (202) 646-4536, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Eileen Leshan, FOIA/Privacy Act 
Specialist, Federal Emergency Management Agency, room 840, 500 C 
Street, SW., Washington, DC 20472, (telephone) (202) 646-4115, 
(telefax) (202) 646-4536, or (email) [email protected].

SUPPLEMENTARY INFORMATION: We last published our notice of systems of 
records on January 5, 1987, 52 FR 324; February 3, 1987, 52 FR 3344; 
March 5, 1987, 52 FR 6875; September 7, 1990, 55 FR 37182; and June 7, 
1991, 56 FR 26415. We previously published the system identified as 
FEMA/FIA-2, National Flood Insurance Application and Related Documents 
Files, on November 26, 1982, 47 FR 53492, which was amended on October 
25, 1983, 48 FR 49376; February 17, 1984, 49 FR 6168; May 13, 1985, 50 
FR 20007; January 5, 1987, 52 FR 324; July 28, 1988, 53 FR 28437; and 
August 9, 1988, 53 FR 29947.
    We have established the Repetitive Loss Target Group (RLTG) as part 
of an initiative to reduce claims under the National Flood Insurance 
Program (NFIP) with respect to properties that have experienced 
multiple losses. Generally, we have defined repetitive loss properties 
as those that have had at least two losses of $1,000 or more within any 
10-year period. The RLTG is a subset of these properties that include 
currently insured properties that have either:
    1. Two or more losses that, in the aggregate, equal or exceed the 
current value of the insured property; or
    2.Four or more losses.
    The RLTG includes approximately 11,000 properties. Inclusion of a 
property in the RLTG results in the transfer of the flood insurance 
policy to a central facility designed to oversee claims and to 
coordinate and facilitate insurance mitigative actions. Owners of 
properties identified as RLTG properties may appeal this determination. 
To do so, however, may require access to the properties' loss histories 
under previous owners. We propose, accordingly, a new routine use to 
permit release of certain loss history information to a current 
property owner considering appealing the designation of his/her 
property as a RLTG property, subject to inclusion in the Repetitive 
Loss initiative.

    Dated: September 5, 2001.
Michael D. Brown,
General Counsel.
FEMA/FIA-2

System Name:
    National Flood Insurance Application and Related Documents Files.

Security Classification:
    Unclassified.

System Location:
    Various offices of a servicing agent under contract to the Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, Washington, DC 20472. Copies of some of the files are also 
provided to the FEMA Regional offices when their respective offices 
request additional information.

Categories of Individuals Covered by the System:
    Applicants for individual flood insurance and individuals insured.

Categories of Records in the System:
    Flood insurance, policy issuances and administration records and 
claims adjustment records, including:

[[Page 47229]]



------------------------------------------------------------------------
                 Form                            Title of form
------------------------------------------------------------------------
FEMA Form 81-64......................  Applications for Participation in
                                        the National Flood Insurance
                                        Program
FEMA Form 81-16......................  Flood Insurance Application
FEMA Form 81-18......................  Flood Insurance General Change
                                        Endorsements
FEMA Form 81-23......................  Request for Policy Processing and
                                        Renewal Information
FEMA Form 81-17......................  Flood Insurance Cancellation/
                                        Nullification Request Form
FEMA Form 81-67......................  Flood Insurance Preferred Risk
                                        Policy Application
FEMA Form 81-31......................  National Flood Insurance Program
                                        Elevation Certificate
FEMA Form 81-65......................  National Flood Insurance Program
                                        Floodproofing Certificate
FEMA Form 81-25......................  V Zone Risk Factor Rating Form
FEMA Form 81-40......................  National Flood Insurance Program
                                        Worksheet--Contents
FEMA Form 81-41......................  National Flood Insurance Program
                                        Worksheet--Building
FEMA Form 41a........................  National Flood Insurance Program
                                        Worksheet--Building
                                        (Continuation)
FEMA Form 81-42......................  National Flood Insurance Proof of
                                        Loss
FEMA Form 81-43......................  National Flood Insurance Program
                                        Notice of Loss
FEMA 81-44...........................  Statement as to full cost of
                                        repair or replacement under the
                                        replacement cost coverage,
                                        subject to the terms and
                                        conditions of the Standard Flood
                                        Insurance Policy
FEMA Form 81-45......................  Adjuster's Short Form Report
FEMA Form 81-57......................  National Flood Insurance Program
                                        Preliminary Report
FEMA Form 81-58......................  National Flood Insurance Program
                                        Final Report
FEMA Form 81-59......................  National Flood Insurance Program
                                        Narrative Report
FEMA Form 81-63......................  National Flood Insurance Program
                                        Cause of Loss/Subrogation Report
------------------------------------------------------------------------

    This system may also contain information regarding the name of the 
bank/lender, date of mortgage, address of bank/lender and if available, 
information on every loan placed on the property during the current 
owner's tenure. This system contains the taxpayer's identification 
number (which may be the social security number).
  

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    National Flood Insurance Act of 1968 and Flood Disaster Protection 
Act of 1973, 42 U.S.C. 4001--4129; 5 U.S.C. 301; Reorganization Plan 
No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; and E.O. 12127, 3 CFR, 1979 
Comp, p. 376.

PURPOSE(S):
    To carry out the National Flood Insurance Program and verify 
nonduplication of benefits.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
      

------------------------------------------------------------------------
         Category of users                         Purposes
------------------------------------------------------------------------
To property loss reporting bureaus,  investigating fraud or potential
 State insurance departments, and     fraud in connection with claims,
 insurance companies.                 subject to the approval of the
                                      Office of Inspector General, FEMA.
To insurance agents, brokers,        for carrying out the purposes of
 adjusters, and lending               the National Flood Insurance
 institutions.                        Program.
To the Small Business                for determining eligibility for
 Administration, the American Red     benefits and for verification of
 Cross, the Farm Service Agency of    nonduplication of benefits
 USDA, State and local government     following a flooding event or
 individual and family grant and      disaster.
 assistance agencies.
To Write-Your-Own companies as       to avoid duplication of benefits
 authorized in 44 CFR 62.23.          following a flooding event or
                                      disaster and for carrying out the
                                      purposes of the National Flood
                                      Insurance Program.
To State and local government        to permit such agencies to assess
 individual and family grant          the degree of financial burdens
 agencies.                            toward residents such as States
                                      and local governments might
                                      reasonably expect to assume in the
                                      event of a flooding disaster and
                                      to further the flood insurance
                                      marketing activities of the
                                      National Flood Insurance Program.
To State and local government        for review by the Federal Insurance
 agencies that provide the names      and Mitigation Administrator to
 and addresses of policyholders and   ensure that their State or local
 a brief general description of       government agency is engaged in
 their plan for acquiring and         flood plain management, improved
 relocating their flood prone         real property acquisitions, and
 properties.                          relocation projects that are
                                      consistent with the National Flood
                                      Insurance Program and, upon the
                                      approval by the Federal Insurance
                                      and Mitigation Administrator, that
                                      the use furthers flood plain
                                      management and hazard mitigation
                                      goals of the Agency.
To State and local government        to review National Flood Insurance
 agencies and municipalities.         Program policy claim files to
                                      assist them in hazard mitigation
                                      and flood plain management
                                      activities and in monitoring
                                      compliance with the flood plain
                                      management measures duly adopted
                                      by the community.
To State governments, federal        for carrying out the purposes of
 agencies, and federal financial      the National Flood Insurance
 instrumentalities responsible for    Program.
 the supervision, approval,
 regulation or insuring of banks,
 savings and loan associations or
 similar institutions.
To private companies engaged in or   the property address, flood zone
 planning to engage in activities     identifier, date of policy issue,
 to market or assist lenders and      and value of policy, solely for
 mortgage servicing companies.        the purpose of geocoding the flood
                                      insurance policy addresses, may be
                                      released to aid efforts of lenders
                                      and mortgage servicing companies
                                      to comply with the requirements of
                                      the Flood Disaster Protection Act
                                      of 1973 and to market the sale of
                                      flood insurance policies under the
                                      National Flood Insurance Program.

[[Page 47230]]

 
To lending institutions, mortgage    the policy numbers of NFIP policy-
 servicing companies and others       holders may be released to secure
 servicing mortgage loan portfolios.  flood insurance protection for
                                      those properties that are a part
                                      of a lending institution's
                                      mortgage portfolio and to assure
                                      lender compliance with the flood
                                      insurance purchase requirements of
                                      the Flood Disaster Protection Act
                                      of 1973.
To current owners of properties      the dates and dollar amounts of
 designated under the National        loss payments made to prior owners
 Flood Insurance Program as           may be released so that owners may
 Repetitive Loss Target Group         evaluate whether that designation
 properties.                          is appropriate and may, if they
                                      believe the designation is not
                                      appropriate, use the information
                                      to appeal that designation.
------------------------------------------------------------------------

    Routine uses may include Nos. 1, 5, 6, and 8 of Appendix A.
  

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures under 5 U.S.C. 552a(b)(12): Disclosures may be made 
from this system to ``consumer reporting agencies'' as defined in the 
Fair Credit Reporting Act, 15 U.S.C. 1681a(f), or the Federal Claims 
Collection Act of 1966, 31 U.S.C. 3701(a)(3).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN SYSTEM:
STORAGE:
    Magnetic Tape/disc/drum and paper files.

RETRIEVABILITY:
    By name of the policyholders and policy number.

SAFEGUARDS:
    Personnel screening, hardware and software computer security 
measures; paper records are maintained in locked containers, locked 
rooms, or both. All records are maintained in areas that are secured by 
building guards during non-business hours. Records are retained in 
areas accessible only to authorized personnel who are properly 
screened, cleared and trained.

RETENTION AND DISPOSAL:
    Policy records are kept as long as insurance is desired and 
premiums paid, and for an appropriate time thereafter and claim records 
are kept for 6 years and 3 months after final action, unless litigation 
exists. Disposition of records will accord with FEMA Records Schedule 
N1-311-86-1, 2a12 and 2a13.

SYSTEM MANAGER(S) AND ADDRESS:
    Federal Insurance Administrator, Federal Emergency Management 
Agency, Washington, DC 20472.

NOTIFICATION PROCEDURES:
    If you wish to inquire whether this system of records contains 
information about you, please contact the Federal Insurance 
Administrator, as immediately above. Please clearly mark written 
requests ``Privacy Act Request'' on the envelope and letter, and 
include your full name, some type of appropriate personal 
identification, and your current address. For personal visits, you must 
provide some acceptable identification, such as, driver's license, 
employing organization's identification card, or other identification 
card.

RECORD ACCESS PROCEDURES:
    Same as Notification procedures above.

CONTESTING RECORD PROCEDURES:
    Same as Notification procedures above. The letter should state 
clearly and concisely what information you are contesting, the reasons 
for contesting it, and the proposed amendment to the information that 
you seek.
    FEMA Privacy Act Regulations are published in 44 CFR part 6.

RECORD SOURCE CATEGORIES:
    Individuals who apply for flood insurance under the National Flood 
Insurance Program and individuals who are insured under the program.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

Appendix A

    Introduction to Routine Uses: We have identified certain routine 
uses as being applicable to many of the FEMA systems of record 
notices. We list the specific routine uses applicable to an 
individual system of record notice under the ``Routine Use'' section 
of the notice itself, which correspond to the numbering of the 
routine uses published below. We are publishing these uses only once 
in the interest of simplicity, economy and to avoid redundancy, 
rather than repeating them in every individual system notice.
    1. Routine Use--Law Enforcement: A record from any FEMA system 
of records, which indicates either by itself or in combination with 
other information within FEMA's possession, a violation or potential 
violation of law, whether civil, criminal or regulatory in nature, 
and whether arising by general statute, or by regulation, rule or 
order issued pursuant thereto, and which we may disclose as a 
routine use to the appropriate agency whether Federal, State, 
territorial, local or foreign, or foreign agency or professional 
organization, charged with the responsibility of enforcing, 
implementing, investigating, or prosecuting such violation or 
charged with implementing the statute, rule, regulation or order 
issued pursuant thereto.
    2. Routine Use--Disclosure When Requesting Information: We may 
disclose as a routine use a record from a FEMA system of records to 
a Federal, State, or local agency maintaining civil, criminal, 
regulatory, licensing or other enforcement information or other 
pertinent information, such as current licenses, if necessary, to 
obtain information relevant to an agency decision concerning the 
hiring or retention of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance of a license, 
grant, or other benefit.
    3. Routine Use--Disclosure of Requested Information: We may 
disclose as a routine use a record from a FEMA system of records to 
a Federal agency, in response to a written request in connection 
with the hiring or retention of an employee, the issuance of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant, or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary 
to the requesting agency's decision on the matter.
    4. Routine Use--Grievance, Complaint, Appeal: We may disclose as 
a routine use a record from a FEMA system of records to an 
authorized appeal or grievance examiner, formal complaints examiner, 
equal employment opportunity investigator, arbitrator, mediator, or 
other duly authorized official engaged in investigation or 
settlement of a grievance, complaint, or appeal filed by an 
employee. We may disclose a record from this system of records to 
the Office of Personnel Management in accordance with that agency's 
responsibility for evaluation of Federal personnel management.
    To the extent that official personnel records in the custody of 
FEMA are covered within systems of records published by the Office 
of Personnel Management as government-wide records, we will consider 
those records as a part of that government wide system. We may 
transfer as a routine use other official personnel records covered 
by notices published by FEMA and considered to be separate systems 
of records to the Office of Personnel Management in accordance with 
official personnel programs and activities.
    5. Routine Use--Congressional Inquiries: We may disclose as a 
routine use a record

[[Page 47231]]

from a FEMA system of records to a Member of Congress or to a 
Congressional staff member in response to an inquiry of the 
Congressional office made at the request of the individual about 
whom the record is maintained.
    6. Routine Use--Private Relief Legislation: We may disclose as a 
routine use the information contained in a FEMA system of records to 
the Office of Management and Budget in connection with the review of 
private relief legislation as set forth in OMB Circular No. A-19 at 
any stage of the legislative coordination and clearance process as 
set forth in that circular.
    7. Routine Use--Disclosure to the Office of Personnel 
Management: We may disclose as a routine use a record from a FEMA 
system of records to the Office of Personnel Management concerning 
information on pay and leave benefits, retirement deductions, and 
any other information concerning personnel actions.
    8. Routine Use--Disclosure to National Archives and Records 
Administration: We may disclose as a routine use a record from a 
FEMA system of records to the National Archives and Records 
Administration in records management inspections conducted under 
authority of 44 U.S.C. 2904 and 12906.
    9. Routine Use--Grand Jury: We may disclose as a routine use a 
record from any system of records to a grand jury agent pursuant to 
a Federal or State grand jury subpoena or to a prosecution request 
that such record be released for the purpose of its introduction to 
a grand jury.
[FR Doc. 01-22710 Filed 9-10-01; 8:45 am]
BILLING CODE 6718-03-P