### 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


### 70639 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations

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 Single Employer 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 payingbenefits 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 usersmay 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.