[Federal Register Volume 67, Number 15 (Wednesday, January 23, 2002)]
[Notices]
[Pages 3193-3201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1549]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Privacy Act of 1974: Proposed New Routine Use, Expansion of an 
Existing Use and Revision of an Existing System of Records

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of proposed new routine uses, revision of an existing 
system of records and addition of new systems of records.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a, we, the Federal Insurance and Mitigation 
Administration (FIMA) of FEMA, give notice of proposed new routine 
uses, and revision of an existing system of records entitled FEMA/FIA 
2, National Flood Insurance Program Application and Related Documents 
Files and addition of new systems of records.

DATES: The proposed routine uses, revision of existing system of record 
and addition of new systems of records will become effective on January 
23, 2002, without further notice unless comments necessitate otherwise.
    We invite your comments on these routine uses and revisions on or 
before February 22, 2002.

ADDRESSES: Please address comments 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,

[[Page 3194]]

(202) 646-4115, (telefax) (202) 646-4536, or email 
[email protected].

SUPPLEMENTARY INFORMATION: We last published our notice of system of 
records on September 11, 2001, 66 FR 47228; 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 Files on November 26, 1982, 47 
FR 53492; 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; August 9, 1988, 53 FR 29947.

Proposed New Routine Use

    We have created 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 sustained 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.
    Approximately 11,000 properties are included in the RLTG.
    Inclusion of a property in the RLTG results in the transfer of the 
flood insurance policy to a central facility (Special Direct Facility 
(SDF)) designed to oversee claims and to coordinate and facilitate 
mitigation, which will require a new Routine Use to allow transfer of 
the NFIP Bureau and Statistical Agent RLTG, records to the NFIP's SDF, 
which has been created for oversight of RLTG activities. Accordingly, a 
new Routine Use is proposed to permit transfer of RLTG records from the 
NFIP Bureau and Statistical Agent to the NFIP Special Direct Facility.

Proposed New Routine Use

    We have created the Preferred Risk Policy (PRP) for policyholders 
(1-4 Family) with limited loss experience only located in B, C, and X 
Zones. Eligible policyholders receive a discount off the standard flood 
insurance rate. To be eligible to receive this benefit, however, there 
are certain conditions based upon the building's loss history, 
regardless of ownership that the owner must meet.
    If any of the following conditions, arising from one or more 
occurrences, exist then the dwelling is not eligible:
    (1) 2 loss payments, each more than $1,000;
    (2) 3 or more loss payments, regardless of amount;
    (3) 2 Federal Disaster Relief payments, each more than $1,000;
    (4) 3 Federal Disaster Relief payments, regardless of amount; or
    (5) 1 flood insurance claim payment and 1 flood disaster relief 
payment (including loans and grants), each more than $1,000.
    If a policyholder applies for a PRP, and is denied, he needs NFIP 
records regarding the property's loss history before his or her 
ownership to determine whether the NFIP's determination was correct. 
Currently, these records are protected from disclosure. Accordingly, we 
propose a new Routine Use to permit release of a property's prior loss 
history to a policyholder whose PRP application we have denied.

Proposed New Routine Use

    In many instances FEMA must work closely with federal agencies, 
state and local governments in order to achieve the objectives of the 
NFIP. In this connection, FEMA will need to transfer NFIP records to 
federal agencies and state and local governments for the purpose of 
analysis, research and feasibility studies. Accordingly, we propose a 
new Routine Use to permit release of NFIP records to federal agencies 
and state and local governments for research, analysis and feasibility 
studies.

Revision of an Existing System of Records

    We are also revising our existing routine use system, FIMA/FEMA-2 
to reflect changes mandated by the passage of time.

New System of Records

    We are adding new systems of records to reflect the growth and 
expansion of the NFIP.

    Dated: January 10, 2002.
Michael D. Brown,
General Counsel.
    The proposed new routine uses, and the new and revised systems of 
records follow:
FEMA-FIMA-2

System Name:
    National Flood Insurance Direct Servicing Agent 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. We also provide copies of some files to 
the FEMA Regional offices when they request additional information.

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

Categories of Records in the System:
      

------------------------------------------------------------------------
               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.
FEMA Form 81-42...................  National Flood Insurance Proof of
                                     Loss.
FEMA Form 81-43...................  National Flood Insurance Program
                                     Notice of Loss.

[[Page 3195]]

 
FEMA Form 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 contain information regarding the name of the bank/
lender, date of mortgage, address of the bank/lender and if available, 
information on every loan placed on the property during the current 
owner's tenure. This system may also contain the taxpayers' 
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:
    To insurance agents, brokers, adjusters and lending institutions 
NFIP policy and claims records for carrying out the purposes of the 
National Flood Insurance Program and verifying nonduplication of 
benefits.
    To states, Group Flood Insurance Program (GFIP) certificates are 
provided for carrying out the purposes of the National Flood Insurance 
Program.
    To the Bureau and Statistical Agent, the Direct Servicing Agent 
provides Transaction Records Reporting and Processing Plan updates 
regarding policy and claims transactions.

Disclosure to Consumer Reporting Agencies:
    Disclosure under 5 U.S.C. 552a(b)(12): We may make disclosures from 
this system to ``consumer reporting agencies'' as defined in the Fair 
Credit Reporting Act (15 U.S.C. 1661a(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/microfilm and paper files.

Retrievability:
    By name of the policyholder(s) and policy number.

Safeguards:
    Personnel screening, hardware and software computer security 
measures; we maintain paper records in locked containers and/or room. 
We maintain all records in secure areas by card key access during non-
business hours. We retain records in areas accessible only to 
authorized personnel, who are properly screened, cleared and trained.

Retention and Disposal:
    We keep policy records as long as the owner desires insurance and 
pays premiums, and for an appropriate time thereafter and we keep claim 
records for 6 years and 3 months after final action, unless litigation 
exists. We will dispose of records in accord with FEMA Records Schedule 
N1-311-86-1, 2A12 and 2A13.

System Manager(s) and Address:
    Administrator, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, Washington, DC 20472.

Notification Procedures:
    Individuals wishing to inquire whether this system of records 
contains information about themselves should contact the system manager 
identified above. Written requests should be clearly marked ``Privacy 
Act Request'' on the envelope and letter. Requests should include the 
full name of the individual, some type of appropriate personal 
identification, and current address. For personal visits, the 
individual should be able to provide some acceptable identification, 
that is, a driver's license, employing organization's identification 
card, or other identification card.

Record Access Procedures:
    Same as Notification procedure above.

Contesting Record Procedures:
    Same as Notification procedures above. The letter should state 
clearly and concisely what information is being contested, the reasons 
for contesting it, and the proposed amendment to the information 
sought.
    FEMA Privacy Act Regulations are published in 44 CFR part 6.

Records Source Categories:
    Individuals who apply for flood insurance under the National Flood 
Insurance Program and individuals who are insured under the program.

Exemptions Claimed for the System:
    None.
FEMA/FIMA-3

System Name:
    National Flood Insurance Bureau and Statistical Agent (BSA) Data 
Elements and Related Files.

Security Classification:
    Unclassified.

System Location:
    Various offices of a statistical agent under contract to the 
Federal Insurance and Mitigation Administration, Federal Emergency 
Management Agency, Washington, DC 20472.
    We also provide copies of some of the files to the FEMA Regional 
offices when additional information is requested from them.

Categories of Individuals Covered by the System:
    Data elements regarding individuals insured.

Categories of Records in the System:
    The NFIP has entered into an ``Arrangement'' with participating 
private insurance companies for the sale of flood insurance policies. 
Under the terms of the ``Arrangement'', the private insurance companies 
have reporting requirements applicable to the writing and servicing of 
policies issued, advanced in the Transaction Record Reporting and 
Processing (TRRP) Plan. The data elements required by the TRRP plan 
essentially form the system of records for FEMA/FIMA's Bureau and 
Statistical Agent contract. The categories of records in the system 
follow:
    (a) Data elements records for New Business.

[[Page 3196]]

    (b) Data elements records for Policy Reinstatement Without Policy 
Changes.
    (c) Data elements records for Policy Reinstatement With Policy 
Change.
    (d) Data elements for Renewals.
    (e) Data elements for Endorsements.
    (f) Data elements for Policy Correction.
    (g) Data elements for Cancellation.
    (h) Data elements for Cancellation Correction.
    (i) Data elements for Open Claim/Loss-Reserve.
    (j) Data elements for Reopen Claim/Loss.
    (k) Data elements for Change Reserve.
    (l) Data elements for Partial Payment.
    (m) Data elements for Close Claim/Loss.
    (n) Data elements for Close Claim Loss Without Payment.
    (o) Data elements for Addition to Final Payment.
    (p) Data elements for Recovery After Final Payment.
    (q) Data elements for General Claim/Loss Correction.
    (r) Data elements for Claim Payment Correction.
    (s) Data elements for Recovery Correction.
    (t) Data elements for Special Allocated Loss Adjustment Expense.
    (u) Data elements for Special Allocated Loss Adjustment Expense 
Correction.
    (v) Data elements for Change Policy Number Key.
    (w) Data elements for Change Date of Loss Key.
    (x) Data elements for Change Claims Payment Date Key.
    (y) Data elements for Lender Data (Expired Policy Notification).
    (z) Adjuster Certification Application.
    (aa) NFIP Listing of 1316 Properties.

Authority for Maintenance of the System:
    National Flood Insurance Act of 1968 and the 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
------------------------------------------------------------------------
1. To property loss reporting       investigating fraud or potential
 bureaus, State insurance            fraud in connection with claims,
 departments, and insurance          subject to the approval of the
 companies.                          Office of Inspector General, FEMA.
2. To insurance adjusters, and      for carrying out the purposes of the
 lending institutions.               National Flood Insurance Program.
3. To FEMA's readiness, Recovery    for determining eligibility for
 and Response Directorate, The       benefits and for verification of
 Army Corps of Engineers, Small      nonduplication of benefits
 Business Administration, the        following a flooding event or
 American Red Cross, the Farm        disaster.
 Service Agency for USDA, State
 and local government individual
 and family grant and assistance
 agencies.
4. 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.
5. 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 diaster and to further the
                                     flood insurance marketing
                                     activities of the National Flood
                                     Insurance Program.
6. To State and local government    for review by the Administrator,
 agencies that provide the names     Federal Insurance Mitigation
 and address of policyholders and    Adminstration to ensure that their
 a brief general description of      State or local government agency is
 their plan for acquiring and        engaged in flood plain management,
 relocating their flood prone        improved real property
 properties.                         acquisitions, and relocation
                                     projects that are consistent with
                                     the National Flood Insurance
                                     Program and, upon the approval by
                                     the Administrator, Federal
                                     Insurance and Mitigation
                                     Administration, that the use
                                     furthers flood plain management and
                                     hazard mitigation goals of the
                                     Agency.
7. To the Army Corps of Engineers,  to review National Flood Insurance
 state and local government          Program policy and claim files to
 agencies and municipalities.        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.
8. To state governments, federal    for carrying out the purposes of the
 agencies, and federal financial     National Flood Insurance Program.
 instrumentalities responsible for
 the supervision, approval,
 regulation or insuring of banks,
 savings and loan associations or
 similar institutions.
9. To private companies engaged in  NFIP records may be released to aid
 or planning to engage in            efforts of lenders and mortgage
 activities to market or assist      servicing companies to comply with
 lenders and mortgage servicing      the requirements of the Flood
 companies.                          Disaster Protection Act of 1973 and
                                     to market the sale of flood
                                     insurance policies under the
                                     National Flood Insurance Program.
10. To lending institutions,        NFIP records may be released to
 mortgage servicing companies and    secure flood insurance protection
 others servicing mortgage loan      for those properties that are a
 portfolios.                         part of a lending institution's
                                     mortgage portfolio to assure lender
                                     compliance with the flood insurance
                                     purchase requirements of the Flood
                                     Disaster Protection Act of 1973.
11. To current owners of            the dates and dollar amounts of loss
 properties designated under the     payments made to prior owners may
 National Flood Insurance Program    be released so that owners may
 as 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.
12. To the Special Direct Facility  NFIP Repetitive Loss records for the
                                     processing of Repetitive Loss
                                     Target Group policyholder
                                     underwriting and claims receords.
13. To Preferred Risk Property      the properties' prior loss history.
 (PRP) owners who are contesting
 the denial of their PRP
 applications.
14. To federal agencies and state   NFIP records for research, analysis
 and local governments.              and feasibilities studies.
------------------------------------------------------------------------


[[Page 3197]]

  

Disclosure to Consumer Reporting Agencies:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): We may make 
disclosure 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:
    Tape cartridge/disc/microfilm and paper files.

Retrievability:
    By name of the policyholder(s) and policy number, property address 
and 9-digit zip code.

Safeguards:
    Personnel screening, hardware and software computer security 
measures; we maintain paper records in locked containers and/or room. 
We maintain all records in areas that building guards secure during 
non-business hours. We retain records in areas accessible only to 
authorized personnel, who are properly screened, cleared and trained.

Retention and Disposal:
    We keep data records for 7 years. Disposition of records will 
accord with FEMA Manual 5400.1.

System Manager(s) and Address:
    Administrator, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, Washington, DC 20472.

Notification Procedures:
    Individuals wishing to inquire whether this system of records 
contains information about themselves should contact the system manager 
identified above. Written requests should be clearly marked ``Privacy 
Act Request'' on the envelope and letter. Requests should include the 
full name of the individual, some type of appropriate personal 
identification, and current address. For personal visits, the 
individual should be able to provide some acceptable identification, 
that is, driver's license, employing organization's identification 
card, or other identification card.

Record Access Procedures:
    Same as Notification procedure above.

Contesting Record Procedures:
    Same as Notification procedures above. The letter should state 
clearly and concisely what information is being contested, the reasons 
for contesting it, and the proposed amendment to the information 
sought.
    FEMA Privacy Act Regulations are published in 44 CFR part 6.

Records Source Categories:
    Individuals insured under the National Flood Insurance Program 
(NFIP). Write-Your-Own (WYO) companies that write National Flood 
Insurance Program policies.

Exemptions Claimed for the System:
    None.
FEMA/FIMA-4

System Name:
    National Flood Insurance Program Marketing Records and Related 
Files.

Security Classification:
    Unclassified.

System Location:
    Various offices of a serving agent under contract to the Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, Washington, DC 20472.

Categories of Individuals Covered by the System:
    Consumers, flood insurance policyholders, insurance agents, Write-
Your-Own companies and lenders.

Categories of Records in the System:
    Under FIMA's Marketing program, the NFIP contractor collects 
records under its marketing vehicle, Cover America II.
    Research: Cover America II contains NFIP records of research 
conducted with consumers, flood insurance policyholders, insurance 
agents, Write-Your-Own (WYO) companies and lenders, including names, 
addresses, and telephone numbers.
    Direct Mail: Records of consumer and insurance agent names and 
addresses used for direct mailings.
    The categories of records in the system are: market research data 
regarding the NFIP, including information with respect to awareness, 
attitudes and satisfaction as it relates to the NFIP, which is obtained 
through qualitative surveys approved by the Office of Management and 
Budget (OMB), including the names and addresses of participants.

Authority for Maintenance of the System:
    National Flood Insurance Act of 1968 and the 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 plan and implement a marketing campaign to notify the public 
regarding the availability of flood insurance protection and to alert 
the public to the risks of flooding, as well as to encourage the public 
to obtain more information regarding the NFIP.

Routine Uses of Records Maintained in the System Including Categories 
of Users and the Purposes of Such Uses:
    None.

Disclosure to Consumer Reporting Agencies:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): We may disclose 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 the System:
Storage:
    Disc and paper files.

Retrievability:
    By names, addresses and telephone numbers of consumers, 
policyholders, insurance agents, WYO companies, and lenders.

Safeguards:
    Personnel screening, hardware and software computer security 
measures; we maintain paper records in locked containers and/or room. 
We maintain all records in areas that we secure during non-business 
hours. We retain records in areas accessible only to authorized 
personnel, who are properly screened, cleared and trained.

Retention and Disposal:
    We keep records for research for 2 years. We will dispose of 
records in accord with FEMA Records Schedule N1-311-86-1, 2A12 and 
2A13.

System Manager(s) and Address:
    Administrator, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, Washington, DC 20472.

Notification Procedures:
    Individuals wishing to inquire whether this system of records 
contains information about themselves should contact the system manager 
identified above. Written requests should be clearly marked ``Privacy 
Act Request'' on the envelope and letter. Requests should include the 
full name of the individual, some type of appropriate personal 
identification, and current

[[Page 3198]]

address. For personal visits, the individual should be able to provide 
some acceptable identification, that is, driver's license, employing 
organization's identification card, or other identification card.

Record Access Procedures:
    Same as Notification procedure above.

Contesting Record Procedures:
    Same as Notification procedures above. The letter should state 
clearly and concisely what information is being contested, the reasons 
for contesting it, and the proposed amendment to the information 
sought.
    FEMA Privacy Act Regulations are published in 44 CFR part 6.

Records Source Categories:
    Consumers, flood insurance policyholders, flood insurance agents 
and lenders.

Exemptions Claimed for the System:
    None.
FEMA/FIMA-5

System Name:
    National Flood Insurance Program Telephone Response Center (TRC) 
Consumer and Policyholder Records and Related Documents Files.

Security Classification:
    Unclassified.

System Location:
    The office of a servicing agent under contract to the Federal 
Insurance and Mitigation Administration, Federal Emergency Management, 
Washington, DC 20472.

Categories of Individuals Covered by the System:
    Consumers requesting NFIP Marketing material and individuals 
insured.

Categories of Records in the System:
    FEMA/FIMA has a contractor administering its Telephone Response 
Center (TRC), where we maintain records of research conducted with 
consumers, insurance agents, Write-Your-Own (WYO) companies and 
individual respondents' names, addresses, and telephone numbers. The 
TRC contractor also maintains consumer records to review the 
effectiveness of its operation and for quality control purposes.
    The categories of records in the system are: names and addresses of 
consumers seeking NFIP data, specifically, records regarding consumer 
research and inquiries.

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.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    To the FEMA Distribution Center, the TRC transfers the names and 
addresses of consumers for delivery of consumer kits.
    To the Bureau and Statistical Agent, the TRC transfers the 
addresses of callers/consumers who made inquiries to the NFIP to match 
them against the policyholder file to ascertain the number of callers 
who purchased a policy.

Disclosure to Consumer Reporting Agencies:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): We may disclose 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:
    Tape cartridge/disc/ and paper files.

Retrievability:
    By the consumer's name, address and telephone number.

Safeguards:
    Personnel screening, hardware and software computer security 
measures; we maintain paper records in locked containers and/or room. 
We maintain all records in areas that building guards secure during 
non-business hours. We retain records in areas accessible only to 
authorized personnel, who are properly screened, cleared and trained.

Retention and Disposal:
    We keep consumer records for 3 years.

System Manager(s) and Address:
    Administrator, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, Washington, DC 20472.

Notification Procedures:
    Individuals wishing to inquire whether this system of records 
contains information about themselves should contact the system manager 
identified above. Written requests should be clearly marked ``Privacy 
Act Request'' on the envelope and letter. Requests should include the 
full name of the individual, some type of appropriate personal 
identification, and current address. For personal visits, the 
individual should be able to provide some acceptable identification, 
that is, driver's license, employing organization's identification 
card, or other identification card, or other identification card.

Record Access Procedures:
    Same as Notification procedure above.

Contesting Record Procedures:
    Same as Notification procedures above. The letter should state 
clearly and concisely what information is being contested, the reasons 
for contesting it, and the proposed amendment to the information 
sought.
    FEMA Privacy Act Regulations are published in 44 CFR part 6.

RECORDS SOURCE CATEGORIES:
    Individuals who request information about 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.

FEMA/FIMA-6
System Name:
    National Flood Insurance Special Direct Facility (SDF) Repetitive 
Loss Target Group Records and Related Files.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The office of a servicing agent under contract to the Federal 
Insurance and Mitigation Administration, Federal Emergency Management, 
Washington, DC 20472.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals designated as RLTG policyholders.

CATEGORIES OF RECORDS IN THE SYSTEM:
    FEMA/FIMA has selected a contractor to administer and operate the 
Repetitive Loss Program (RLP), through the Special Direct Facility 
(SDF). The SDF maintains records of the RLP, consisting of RLP 
underwriting and claims data that have met the threshold requirements 
to be designated as

[[Page 3199]]

Repetitive Loss Target Group (RLTG) properties. The categories of 
records in the system follow:

------------------------------------------------------------------------
                  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.
FEMA Form 81-42.........................  National Flood Insurance Proof
                                           of Loss.
FEMA Form 81-43.........................  National Flood Insurance
                                           Program Notice of Loss.
FEMA Form 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 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 may also contain the taxpayer's 
identification number, which may be his or her 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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To RTLG policyholders who are appealing the determination that 
their property is a repetitive loss property, NFIP repetitive loss 
property history prior to their ownership of the property will be 
provided.
    To insurance agents, brokers, adjusters and lending institutions 
for carrying out the purposes of the National Flood Insurance Program 
and verifying nonduplication of benefits.
    To the Bureau and Statistical Agent, the Special Direct Facility 
provides TRRP Plan updates regarding RLTG policy and claims 
transactions.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures under 5 U.S.C. 552a(b)(12): We may make disclosures 
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:
    Tape cartridge/disc/and paper files.

RETRIEVABILITY:
    By the name of the RLTG policyholders and RLTG number.

SAFEGUARDS:
    Personnel screening, hardware and software computer security 
measures; we maintain paper records in locked containers and/or room. 
We maintain all records in secure areas by key card access during non-
business hours. We retain records in areas accessible only to 
authorized personnel, who are properly screened, cleared and trained.

RETENTION AND DISPOSAL:
    We keep policy records as long as the owner desires insurance and 
pays premiums, and for an appropriate time thereafter and we keep claim 
records for 6 years and 3 months after final action, unless litigation 
exists. We will dispose of records in accord with FEMA Records Schedule 
N1-311-86-1, 2A12 and 2A13.

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

NOTIFICATION PROCEDURES:
    Individuals wishing to inquire whether this system of records 
contains information about themselves should contact the system manager 
identified above. Written requests should be clearly marked ``Privacy 
Act Request'' on the envelope and letter. Requests should include the 
full name of the individual, some type of appropriate personal 
identification, and current address. For personal visits, the 
individual should be able to provide some acceptable identification, 
that is, driver's license, employing organization's identification 
card, or other identification card.

Record Access Procedures:
    Same as Notification above.

Contesting Records Procedures:
    Same as Notification procedures above. The letter should state 
clearly and concisely what information is being contested, the reasons 
for contesting it, and the proposed amendment to the information 
sought. FEMA Privacy Act regulations are published in 44 CFR part 6.

Records Source Categories:
    Individuals who apply for flood insurance under the National Flood 
Insurance Program and individuals who are insured under the program.

[[Page 3200]]

Systems Exempted From Certain Provisons of the Act:
    None.
FEMA/FIMA-7

System Name:
    National Flood Insurance Community Rating System and Related 
Documents Files.

Security Classification:
    Unclassified.

System Location:
    Various offices of a firm selected to administer the CRS program 
for the Federal Insurance and Mitigation Administration, Federal 
Emergency Management Agency, Washington, DC 20472. We also provide 
copies of some of the files to FEMA Regional offices when they request 
additional information.

Categories of Individuals Covered by the System:
    Communities that have made CRS applications and Repetitive Loss 
property owners.

Categories of Records in the System:
    FIMA/FEMA has created the Community Rating System (CRS), a program 
to adjust NFIP insurance premium rates based on the mitigation 
activities implemented by a community. A firm has been selected to 
process CRS applications. The categories of records in the system are: 
community CRS applications and repetitive loss property owners.

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.
    Routine Uses of Records Maintained in the System, Including 
Categories of Users and the Purposes of Such Uses:
    To communities, repetitive loss records may be provided to address 
repetitive loss problems within the communities.
    To the Bureau and Statistical Agent, we provide repetitive loss 
records for communities that have updated their repetitive loss 
mitigative measures.

Disclosure to Consumer Reporting Agencies:
    Disclosures under 5 U.S.C. 552a(b)(12): We may make disclosures 
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 cartridge/disc/and paper files.

Retrievability:
    By the community's name and number. By the NFIP policyholder name 
and policy number. By the repetitive loss locator number.

Safeguards:
    Personnel screening, hardware and software computer security 
measures; we maintain paper records in locked containers and/or room. 
We maintain all records in secure areas during non-business hours. We 
retain records in areas accessible only to authorized personnel, who 
are properly screened, cleared and trained.

Retention and Disposal:
    We keep records for 3 years.

System Manager(s) and Address:
    Administrator, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, Washington, DC 20472.

Notification Procedures:
    Individuals wishing to inquire whether this system of records 
contains information about themselves should contact the system manger 
identified above. Written requests should be clearly marked ``Privacy 
Act Request'' on the envelope and letter. Requests should include the 
full name of the individual, some type of appropriate personal 
identification, and current address. For personal visits, the 
individual should be able to provide some acceptable identification, 
that is, driver's license, employing organization's identification 
card, or other identification card.

Record Access Procedures:
    Same as Notification above.

Contesting Records Procedures:
    Same as Notification procedures above. The letter should state 
clearly and concisely what information is being contested, the reasons 
for contesting it, and the proposed amendment to the information 
sought. FEMA Privacy Act regulations are published in 44 CFR part 6.

Records 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 that apply to many of the FEMA systems of notice records. We will 
list the specific routine uses applicable to an individual system of 
record under the ``Routine Use'' section of the notice itself and they 
will correspond to the numbering of the routine uses published below. 
These uses are published 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 under it.
    (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.
    (2) 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

[[Page 3201]]

requesting agency, to the extent that the information is relevant and 
necessary to the requesting agency's decision on the matter.
    (3) 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 
opportunity investigator, arbitrator, mediator, or other duly 
authorized official engaged in investigation or settlement of a 
grievance, complaint, or appeal by an employee. We may disclose a 
record from this system of records to the Office of Personnel 
Management as government-wide records; we will consider those records 
as part of the 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 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 management inspections conducted under authority of 
44 U.S.C. 2904 and 2906.
    (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. 02-1549 Filed 1-22-02; 8:45 am]
BILLING CODE 6718-03-P