Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 75079

arguments submitted in writing by any 

person in opposition to the recordation 

of this trade name. Notice of the action 

taken on the application for recordation 

of this trade name will be published in 

the Federal Register.

DATES: Comments must be received on 

or before February 14, 2005.

ADDRESSES: Written comments should 

be addressed to U.S. Customs and 

Border Protections, Attention: Office of 

Regulations and Rulings, Intellectual 

Property Rights Branch, 1301 

Constitution Avenue, NW., (Mint 

Annex), Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT:

Delois P. Johnson, Paralegal, Intellectual 

Property Rights Branch, at (202) 572–

8703.

Dated: December 9, 2004. 

George Frederick McCray, 

Chief, Intellectual Property Rights Branch.

[FR Doc. 04–27419 Filed 12–14–04; 8:45 am] 

BILLING CODE 4820–02–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[DHS–2004–0019] 

RIN 1660–ZA07 

National Emergency Management 

Information System—Mitigation 

Electronic Grants Management 

System; Privacy Act System of Record

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Notice of a new system of 

records. 

SUMMARY: Pursuant to the requirements 

of the Privacy Act of 1974, as amended, 

the Department of Homeland Security, 

Emergency Preparedness and Response 

Directorate, Federal Emergency 

Management Agency is establishing a 

new system of records entitled National 

Emergency Management Information 

System—Mitigation Electronic Grants 

Management System. Some (but not all) 

applications for mitigation grants 

propose activities that impact properties 

that are privately owned by individuals 

(e.g., acquisition of a home that has been 

repeatedly flooded) and these 

applications include personally 

identifiable information about the 

property owners. Potentially, this 

personally identifying information may 

be part of a State’s application, and also 

part of a local community’s application 

as a sub-applicant. Personal information 

collected in these applications includes 

the minimum amount necessary to 

ascertain the eligibility of that property 

and/or structure (e.g., house or 

commercial building) under mitigation 

grant program regulations. See https://

portal.fema.gov/famsVu/dynamic/

mitigation.html.

EFFECTIVE DATE: The addition of a new 

system of records and routine uses will 

become effective on January 24, 2005, 

unless comments are received that 

result in a contrary determination.

ADDRESSES: You may submit comments, 

identified by EPA Docket Number: 

DHS–2004–0019 and/or 1660–ZA07 by 

one of the following methods: 

• EPA Federal Partner EDOCKET 

Web Site: http://www.epa.gov/

feddocket. Follow instructions for 

submitting comments on the Web site. 

DHS has joined the Environmental 

Protection Electronic Docket System 

(Partner EDOCKET). DHS and its 

agencies (excluding the United States 

Coast Guard (USCG) and Transportation 

Security Administration (TSA)) will use 

the EPA Federal Partner EDOCKET 

system. The USCG and TSA [legacy 

Department of Transportation (DOT) 

agencies] will continue to use the DOT 

Docket Management System until full 

migration to the electronic rulemaking 

federal docket management system 

occurs in 2005. 

• Federal e-Rulemaking Portal:

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 646–4536. 

• Mail: Rules Docket Clerk, Federal 

Emergency Management Agency, Office 

of General Counsel, Room 840, 500 C 

Street SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT:

Rena Y. Kim, Privacy Act Officer, 

Federal Emergency Management 

Agency, Room 840, 500 C Street SW., 

Washington, DC 20472, (202) 646–3949, 

(not a toll free call), (telefax) (202) 646–

3949, or email Rena.Kim@dhs.gov.

SUPPLEMENTARY INFORMATION: The 

Privacy Act 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. 5 

U.S.C. 552a. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. 

Individuals may request their own 

records that are maintained in a system 

of records in the possession or under the 

control of Department of Homeland 

Security (DHS) by complying with DHS 

Privacy Act regulations, 6 CFR part 5, 

subpart B and Federal Emergency 

Management Agency’s (FEMA) Privacy 

Act regulations, 44 CFR part 6. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency recordkeeping 

practices transparent, to notify 

individuals regarding the uses to which 

personally identifiable information is 

put, and to assist the individual to more 

easily find such files within the Agency. 

The Emergency Preparedness and 

Response Directorate/FEMA is 

establishing a new system of records 

pursuant to the Privacy Act of 1974 for 

the National Emergency Management 

Information System—Mitigation 

Electronic Grants Management System 

(NEMIS–MT eGrants). FEMA intends to 

collect personal information in 

applications for its mitigation grant 

programs through the NEMIS–MT 

eGrants via the Internet. The FEMA 

mitigation grant programs are the Flood 

Mitigation Assistance (FMA) grant 

program (42 U.S.C. 4104c) and the PreDisaster Mitigation (PDM) grant 

program, (42 U.S.C. 5133). The purpose 

of FEMA mitigation grant programs is to 

provide funds to eligible Applicants/

States to implement mitigation activities 

to reduce or eliminate the risk of future 

damage to life and property from 

disasters. 

Eligible applicants for FEMA 

mitigation grants are State emergency 

management agencies or a similar State 

office that has emergency management 

responsibility, the District of Columbia, 

the United States Virgin Islands, the 

Commonwealth of Puerto Rico, Guam, 

American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands, and Federally recognized 

Indian Tribal governments. Eligible Subapplicants of FEMA mitigation grants 

are State agencies, local governments, or 

Indian Tribal governments to which a 

sub-grant is awarded. Examples of 

mitigation activities that impact 

privately owned properties (and which 

may include personally identifiable 

information in a State or local 

community application) include 

retrofitting structures, elevation of 

structures, acquisition and demolition 

or relocation of structures, minor 

structural flood control projects, or 

construction of safe rooms. The 

personally identifying information 

75080 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 

collected includes an individual’s name, 

home phone number, office phone 

number, cell phone number, damaged 

property address, and mailing address 

of the individual property owner(s), and 

the individual’s status regarding flood 

insurance, National Flood Insurance 

Program (NFIP) Policy Number and 

Insurance Policy Provider for the 

property proposed to be mitigated with 

FEMA funds. This notice will make the 

public aware of routine management 

and oversight information sharing 

between FEMA and other Federal 

agencies, State and local governments, 

and contractors providing services in 

support of FEMA mitigation grant 

programs. 

Accordingly, the NEMIS–MT eGrants 

Privacy Act system of records is added 

to read as follows:

SYSTEM NAME: 

National Emergency Management 

Information System—Mitigation 

Electronic Grants Management System 

(NEMIS–MT eGrants). 

SYSTEM LOCATION: 

All servers are operated at FEMA, 

Mount Weather Emergency Operations 

Center (MWEOC), 19844 Blue Ridge 

Mountain Road, Bluemont, VA 20135. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system of records notice applies 

only to individuals identified by name 

or other individual identifier, such as 

home address, in the NEMIS–MT 

eGrants, and includes individuals who 

are private property owners. These 

individuals voluntarily request that 

their State, Territory or local community 

submit an application for FEMA 

mitigation grant funds for the purpose of 

mitigating their property and/or 

structure (e.g., house or commercial 

building). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The categories of records in the 

system are grant applications. The 

personally identifying information 

collected includes an individual’s name, 

home phone number, office phone 

number, cell phone number, damaged 

property address, and mailing address 

of the individual property owner(s), and 

the individual’s status regarding flood 

insurance, National Flood Insurance 

Program (NFIP) Policy Number and 

Insurance Policy Provider for the 

property proposed to be mitigated with 

FEMA funds. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Robert T. Stafford Disaster Relief 

and Emergency Assistance Act, 42 

U.S.C. 5133, and the National Flood 

Insurance Act, 42 U.S.C. 4104c. 

PURPOSE(S): 

The purpose of this system of records 

is to collect and maintain individually 

identifiable information in applications 

for FEMA mitigation grants that are 

submitted electronically, via the 

Internet, through the NEMIS–MT 

eGrants from eligible Applicants/States 

and Sub-applicants/local communities. 

The personally identifiable information 

will be collected and maintained in 

order for FEMA to ascertain eligibility of 

the property or structure for FEMA’s 

mitigation grant programs, to verify 

eligibility of activities for mitigation 

grants, to identify repetitive loss 

properties, and to implement measures 

to reduce future disaster damage. 

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), all or a portion of the records 

or information contained in this system 

may be disclosed outside FEMA/EP&R/

DHS as a routine use pursuant to 5 

U.S.C. 552a(b)(3) as follows: 

(1) To another Federal agency, State, 

United States Territory or Tribal 

government agency charged with 

administering Federal mitigation or 

disaster relief programs to prevent a 

duplication of efforts or a duplication of 

benefits between FEMA and the other 

agency. FEMA may disclose information 

to a State, U.S. Territory, Indian Tribal, 

or local community agency eligible to 

apply for mitigation grant programs 

administered by FEMA. 

(2) 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 system of records. 

(3) To an agency, organization, or 

individual for the purposes of 

performing authorized audit or 

oversight operations. 

(4) 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. 

(5) 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. 

(6) 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.

(7) To the 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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

All information is stored on secureaccess servers operated at a single site 

at the FEMA, MWEOC, 19844 Blue 

Ridge Mountain Road, Bluemont, VA 

20135. Backup is provided on a separate 

server at the same secure facility. 

MWEOC is only accessible by 

authorized persons, including FEMA 

employees and contractors, and entry to 

the facility is permitted only with a 

badge issued by the MWEOC. 

SAFEGUARDS: 

Safeguards exist in the NEMIS–MT 

eGrants to prevent the unauthorized 

access or misuse of data. First, FEMA 

maintains security safeguards that 

prevent unauthorized access to the 

system by assigning each authorized 

user a unique user profile, username 

and password based upon his/her 

official use of the NEMIS–MT eGrants. 

Each unique profile includes different 

levels of access rights. For Applicants/

States and Sub-applicants/local 

communities, roles in the system via the 

Internet are assigned as Read-Only, 

Create/Edit, or Sign/Submit, and levels 

of access are assigned by mitigation 

grant program (i.e., FMA and/or PDM). 

For FEMA employees and contractors, 

levels of access via the FEMA Intranet 

are assigned by mitigation grant 

program (i.e., FMA and/or PDM) and by 

Region(s), and roles for FEMA users do 

not allow FEMA users View information 

submitted in applications. Passwords 

expire after a limited time, and users 

only have access to the system during 

the period of time that both the assigned 

username and password are active. 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 75081

Access to NEMIS–MT eGrants via the 

Intranet is assigned to the FEMA 

employees and contractors for official 

purposes only through the NEMIS 

Access Control System (NACS), which 

controls access to all software available 

on the FEMA Intranet, and manages 

roles for FEMA officials accessing the 

system. Access to NEMIS–MT eGrants 

via the Internet is assigned to the 

Applicants/States and Sub-applicants/

local communities for official purposes 

only through the FEMA Access 

Management System, which performs a 

similar function to NACS, but for 

eligible mitigation grant program 

Applicants/States and Sub-applicants/

local communities, and managed roles 

for these non-FEMA users. The 

functions of these two databases will be 

combined into the Integrated Security 

and Access Control System. While the 

system is accessed, if an active NEMIS–

MT eGrants browser window is left 

open with no actions taken within the 

system, the displayed page will expire 

after 30 minutes. The user can then relogin using the username and password 

to access the system. In addition, the 

system will not allow a user to 

bookmark the URL of the MT eGrants 

with the intent of returning to that page 

at another time without first entering 

the authorized username and password. 

Finally, FEMA Enterprise Operations 

and the Office of Cyber Security are able 

to monitor system use and determine 

whether information integrity has been 

compromised by unauthorized access or 

use, and whether corrective action by 

the Office of the Chief Information 

Officer is necessary. Procedures are 

compliant with Title III of the E–

Government Act of 2000 (Federal 

Information Security Management Act). 

RETENTION AND DISPOSAL:

In accordance with U.S. National 

Archives & Records Administration 

records retention regulations (GRS 3, 

13), records are retained for 6 years and 

3 months. Unsuccessful grant 

application files will be stored in 

NEMIS–MT eGrants for 3 years from the 

date of denial, and then deleted. 

Successful grant application files will be 

stored in the NEMIS–MT eGrants for 6 

years and 3 months from the date of 

closeout (where closeout is the date 

FEMA closes the grant in its financial 

system) and then deleted. Computerized 

records are stored in a database server 

in a secured file server room. Hard copy 

records are maintained for 6 years and 

3 months years, at which time they are 

retired to the Federal Records Center. 

The same retention schedule that 

applies to paper records will be 

followed. This is consistent with the 

records retention schedule that has been 

developed for this system. 

SYSTEM MANAGER(S) AND ADDRESS: 

Patricia Bowman, Program Manager, 

IT–SE–CS, 500 C Street SW., 

Washington DC 20472, 

Pat.Bowman@dhs.gov, (202) 646–2661. 

NOTIFICATION PROCEDURES: 

Address inquiries to the System 

Manager named above. 

RECORD ACCESS PROCEDURES: 

A request for access to records in this 

system may be made by writing to the 

System Manager, identified above, in 

conformance with 6 CFR part 5, subpart 

B, which provides the rules for 

requesting access to Privacy Act records 

maintained by DHS and FEMA’s Privacy 

Act regulations at 44 CFR part 6. 

CONTESTING RECORD PROCEDURES: 

Same as Notification procedures 

above. A request for access to records in 

this system may be made by writing to 

the System Manager, identified above, 

in conformance with 6 CFR part 5, 

subpart B, which provides the rules for 

requesting access to Privacy Act records 

maintained by DHS and FEMA’s Privacy 

Act regulations at 44 CFR part 6. 

RECORDS SOURCE CATEGORIES: 

Information in this system of records 

is obtained from State/Territory, local 

government, or Indian Tribal 

governmentvia the Internet to FEMA. 

While individuals are not eligible 

Applicants/States or Sub-applicants/

local communities, and cannot apply 

directly to FEMA for assistance, some 

(but not all) applications for FEMA 

mitigation grants propose activities that 

impact properties that are privately 

owned by individuals (e.g., acquisition 

of a home that has been repeatedly 

flooded) and these applications include 

personal information about the property 

owners. These individuals voluntarily 

request that their State, Territory, or 

local community submit an application 

for FEMA mitigation grant funds for the 

purpose of mitigating their property 

and/or structure (e.g., house or 

commercial building). 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None.

Dated: December 10, 2004. 

David A. Trissell, 

Associate General Counsel, Emergency 

Preparedness and Response, Department of 

Homeland Security.

[FR Doc. 04–27462 Filed 12–14–04; 8:45 am] 

BILLING CODE 9110–41–P

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4909–N–11] 

Notice of Proposed Information 

Collection for Public Comment: Notice 

of Funding Availability for the Urban 

Scholar Fellowship Program

AGENCY: Office of the Assistant 

Secretary for Policy Development and 

Research, HUD.

ACTION: Notice.

SUMMARY: The proposed information 

collection requirement described below 

will be submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal.

DATES: Comments Due Date: February 

14, 2005.

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

Control Number and should be sent to: 

Reports Liaison Officer, Officer of Policy 

Development and Research, Department 

of Housing and Urban Development, 

451 7th Street, SW., Room 8226, 

Washington, DC 20410–6000.

FOR FURTHER INFORMATION CONTACT:

Susan Brunson, (202) 708–3061, ext. 

3852 (this is not a toll-free number), for 

copies of the proposed forms and other 

available documents.

SUPPLEMENTARY INFORMATION: The 

Department of Housing and Urban 

Development will submit the proposed 

information collection to OMB for 

review, as required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35, as amended). 

This Notice is soliciting comments 

from members of the public and affected 

agencies concerning the proposed 

collection of information to: (1) Evaluate 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; (3) Enhance 

the quality, utility, and clarity of the 

information to be collected; and (4) 

Minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses).