70638 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules), because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records, or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system, would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

Dated: November 2, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–29447 Filed 11–14–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2011–0109] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services–015 Electronic 

Immigration System-2 Account and 

Case Management System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of an 

updated and reissued system of records 

titled, ‘‘Department of Homeland 

Security/U.S. Citizenship and 

Immigration Services–015 Electronic 

Immigration System-2 Account and 

Case Management System of Records’’ 

from certain provisions of the Privacy 

Act. Specifically, the Department 

exempts portions of the ‘‘Department of 

Homeland Security/U.S. Citizenship 

and Immigration Services–015 

Electronic Immigration System-2 

Account and Case Management System 

of Records’’ from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. 

DATES: Effective Date: This final rule is 

effective November 15, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Donald 

K. Hawkins (202) 272–8000, Privacy 

Officer, U.S. Citizenship and 

Immigration Services, 20 Massachusetts 

Avenue NW., Washington, DC 20529. 

For privacy issues please contact: Mary 

Ellen Callahan (703) 235–0780, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) U.S. Citizenship and 

Immigration Services (USCIS) published 

a notice of proposed rulemaking in the 

Federal Register, 76 FR 59926, 

September 28, 2011, proposing to 

exempt portions of the system of records 

from one or more provisions of the 

Privacy Act because of criminal, civil, 

and administrative enforcement 

requirements. The system of records is 

the DHS/USCIS–015 Electronic 

Immigration System-2 Account and 

Case Management System of Records. 

The DHS/USCIS–015 Electronic 

Immigration System-2 Account and 

Case Management system of records 

notice was published concurrently in 

the Federal Register, 76 FR 60070, 

September 28, 2011, and comments 

were invited on both the Notice of 

Proposed Rulemaking (NPRM) and 

System of Records Notice (SORN). 

Public Comments 

DHS received two comments on the 

NPRM and no comments on the SORN 

which did not address this system of 

records. After consideration of public 

comments, the Department will 

implement the rulemaking as proposed. 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

Chapter I of Title 6, Code of Federal 

Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 1. The authority citation for Part 5 

continues to read as follows: 

Authority: 6 U.S.C. 101 et seq.; Pub. L. 

107–296, 116 Stat. 2135; 5 U.S.C. 301. 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. 552a. 

■ 2. Add at the end of Appendix C to 

Part 5, the following new paragraph 

‘‘64’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

64. The DHS/USCIS–015 Electronic 

Immigration System-2 Account and Case 

Management System of Records consists of 

electronic and paper records and will be used 

by DHS and its components. The DHS/ 

USCIS–015 Electronic Immigration System-2 

Account and Case Management is a 

repository of information held by USCIS to 

serve its mission of processing immigration 

benefits. This system also supports certain 

other DHS programs whose functions 

include, but are not limited to, the 

enforcement of civil and criminal laws; 

investigations, inquiries, and proceedings 

there under; and national security and 

intelligence activities. The DHS/USCIS–015 

Electronic Immigration System-2 Account 

and Case Management System of Records 

contains information that is collected by, on 

behalf of, in support of, or in cooperation 

with DHS and its components and may 

contain personally identifiable information 

collected by other federal, state, local, Tribal, 

foreign, or international government 

agencies. This system is exempted from the 

following provisions of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(2): 5 U.S.C. 

552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 

(e)(4)(I); and (f). Additionally, many of the 

functions in this system require retrieving 

records from law enforcement systems. 

Where a record received from another system 

has been exempted in that source system 

under 5 U.S.C. 552a(j)(2), DHS will claim the 

same exemptions for those records that are 

claimed for the original primary systems of 

records from which they originated and 

claims any additional exemptions in 

accordance with this rule. Exemptions from 

these particular subsections are justified, on 

a case-by-case basis determined at the time 

a request is made, for the following reasons: 

(a) From subsection (c)(3) (Accounting for 

Disclosures) because release of the 

accounting of disclosures could alert the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would therefore 

present a serious impediment to law 

enforcement efforts and/or efforts to preserve 

national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations 70639 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of that investigation 

and/or reveal investigative interest on the 

part of DHS or another agency. Access to the 

records could permit the individual who is 

the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an unreasonable administrative 

burden by requiring investigations to be 

continually reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear, or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interests of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsections (e)(4)(G), (e)(4)(H), 

and (e)(4)(I) (Agency Requirements) and (f) 

(Agency Rules) because portions of this 

system are exempt from the individual access 

provisions of subsection (d) for the reasons 

noted above, and therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to existence of records pertaining to them in 

the system of records, or otherwise setting up 

procedures pursuant to which individuals 

may access and view records pertaining to 

themselves in the system, would undermine 

investigative efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

Dated: November 2, 2011. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2011–29452 Filed 11–9–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF AGRICULTURE 

Office of Advocacy and Outreach 

7 CFR Part 2502 

RIN 0503–AA49 

Agricultural Career and Employment 

Grants Program; Correction 

AGENCY: Office of Advocacy and 

Outreach, Departmental Management, 

USDA. 

ACTION: Interim rule with request for 

comments; correction. 

SUMMARY: On November 8, 2011, the 

Office of Advocacy and Outreach 

published an interim rule concerning 

grants to assist agricultural employers 

and farmworkers by improving the 

supply, stability, safety, and training of 

the agricultural labor force. The 

effective date for the rule was 

inadvertently omitted. This document 

establishes the effective date of that 

November 8 interim final rule. 

DATES: The effective date for the interim 

rule published November 8, 2011, at 76 

FR 69114, is November 15, 2011, and is 

applicable beginning November 8, 2011. 

Comments on the November 8 interim 

rule must still be received by the agency 

on or before December 8, 2011, to be 

assured of consideration. 

ADDRESSES: You may submit comments 

on the interim rule, identified by RIN 

0503–AA49 by any of the following 

methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: 

christine.chavez@osec.usda.gov. Include 

Regulatory Information Number (RIN) 

number 0503–AA49 in the subject line 

of the message. 

Fax: (202) 720–7136 

Mail: Comments may be mailed to the 

Office of Advocacy and Outreach, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., Room 520– 

A, Stop 9801, Washington DC 20250– 

9821. 

Hand Delivery/Courier: Office of 

Advocacy and Outreach, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., Room 520– 

A, Washington, DC 20250. 

Instructions: All submissions received 

must include the agency name and the 

RIN for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Christine Chavez, Program Leader, 

Farmworker Coordination, Office of 

Advocacy and Outreach, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., Stop 9801, 

Washington, DC 20250, Voice: (202) 

205–4215, Fax: (202) 720–7136, Email: 

christine.chavez@osec.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On November 8, 2011 (76 FR 69114), 

the Office of Advocacy and Outreach 

published an interim rule. Due to an 

editing error, the effective date for the 

rule was omitted. 

Dated: November 8, 2011. 

Christine Chavez, 

Program Leader, Farmworker Coordination. 

[FR Doc. 2011–29389 Filed 11–14–11; 8:45 am] 

BILLING CODE 3412–89–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Pension Benefit Guaranty Corporation’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans to 

prescribe interest assumptions under 

the regulation for valuation dates in 

December 2011. The interest 

assumptions are used for paying 

benefits under terminating singleemployer plans covered by the pension 

insurance system administered by 

PBGC. 

DATES: Effective December 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion 

(Klion.Catherine@pbgc.gov), Manager, 

Regulatory and Policy Division, 

Legislative and Regulatory Department, 

Pension Benefit Guaranty Corporation, 

1200 K Street NW., Washington, DC 

20005, (202) 326–4024. (TTY/TDD users 

may call the Federal relay service tollfree at 1–(800) 877–8339 and ask to be 

connected to (202) 326–4024.) 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulation on Benefits Payable in 

Terminated Single-Employer Plans (29 

CFR part 4022) prescribes actuarial 

assumptions—including interest 

assumptions—for paying plan benefits 

under terminating single-employer 

plans covered by title IV of the 

Employee Retirement Income Security 

Act of 1974. The interest assumptions in 

the regulation are also published on 

PBGC’s Web site (http://www.pbgc.gov). 

PBGC uses the interest assumptions in 

Appendix B to Part 4022 to determine 

whether a benefit is payable as a lump 

sum and to determine the amount to 

pay. Appendix C to Part 4022 contains 

interest assumptions for private-sector 

pension practitioners to refer to if they 

wish to use lump-sum interest rates 

determined using PBGC’s historical 

methodology. Currently, the rates in 

Appendices B and C of the benefit 

payment regulation are the same. 


jlentini on DSK4TPTVN1PROD with RULES