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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
avoid detection or apprehension.
Amendment of the records could interfere with ongoing investigations and law enforcement activities. Further, permitting amendment to counterintelligence records after an investigation has been completed would impose an unmanageable administrative burden. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security.
c From subsection e1 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 subsection e2 Collection of Information from Individuals because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities.
e From subsection e3 Notice to Subjects because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.
f From subsections e4G, e4H, and e4I 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.
g From subsection e5 Collection of Information because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete.
h From subsection e8 Notice on Individuals because compliance would interfere with DHSs ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence.

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i From subsection g1 Civil Remedies to the extent that the system is exempt from other specific subsections of the Privacy Act.
Lynn Parker Dupree, Chief Privacy Officer, U.S. Department of Homeland Security.
FR Doc. 202124328 Filed 11521; 8:45 am BILLING CODE 911128P

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 1220
Document No. AMSLP200085

Soybean Promotion and Research:
Adjusting Representation on the United Soybean Board Agricultural Marketing Service, USDA.
ACTION: Final rule.
AGENCY:

This final rule adjusts the number of members on the United Soybean Board Board to reflect changes in production levels that have occurred since the Board was last reapportioned in 2018. As required by the Soybean Promotion, Research, and Consumer Information Act Act, membership on the Board is reviewed every 3 years and adjustments are made accordingly. This change results in a decrease in Board membership for one State Alabama, decreasing the total number of Board members from 78 to 77. These changes are reflected in the Soybean Promotion and Research Order Order and will be effective with the Secretary of Agricultures Secretary appointments for terms in the year 2022.
This final rule also corrects the number of States and units to the Order.
Technical corrections to the regulations adjust the number of States and units from 30 to 31.
DATES: This rule is effective as of December 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Sarah Aswegan, 515 2015190;
Sarah.Aswegan@usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Executive Orders 12866 and 13563
Executive Orders E.O. 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health, and safety effects; distributive impacts; and equity. E.O. 13563 emphasizes the importance of quantifying both costs
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and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule does not meet the definition of a significant regulatory action contained in section 3f of E.O.
12866 and therefore, the Office of Management and Budget OMB has waived review of this action.
Executive Order 12988
This final rule has been reviewed under E.O. 12988, Civil Justice Reform.
This rule is not intended to have retroactive effect.
Section 11 of the Act 7 U.S.C. 2910
provides that nothing in the Act may be construed to preempt or supersede any other program relating to soybean promotion organized and operated under the laws of the U.S. or any State.
There are no administrative proceedings that must be exhausted prior to any judicial challenge to the provisions of this rule.
Executive Order 13175
This proposed rule has been reviewed under E.O. 13175Consultation and Coordination with Indian Tribal Governments. E.O. 13175 requires Federal agencies to consult and coordinate with tribes on a governmentto-government basis on: 1 Policies that have tribal implication, including regulation, legislative comments, or proposed legislation; and 2 other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
AMS has assessed the impact of this proposed rule on Indian tribes and determined that this rule would not have tribal implications that require consultation under E.O. 13175. AMS
hosts a quarterly teleconference with tribal leaders where matters of mutual interest regarding the marketing of agricultural products are discussed.
Information about the proposed regulation has been shared during a quarterly call, and tribal leaders were informed about the proposed regulation and the opportunity to submit comments. AMS will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided as needed with regards to the regulations.
Paperwork Reduction Act In accordance with OMB regulations 5 CFR part 1320 that implement the Paperwork Reduction Act of 1995 44
U.S.C. Chapter 35, the information collection and recordkeeping
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