Privacy Act Regulation; Exemption for Legal Case Management Records, 96531-96532 [2024-28442]

Download as PDF khammond on DSK9W7S144PROD with RULES Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations deemed to have waived the certification requirements of section 401(a)(1) of the Clean Water Act if the certifying authority has not denied, expressly waived, or granted certification by one year after the date the certifying authority received a written request for certification. If a certifying authority denies certification, the applicant must file a copy of the denial within 30 days after the applicant receives it. (5) Endangered Species Act (ESA). The application must include: (i) A no-effect determination that includes documentation that no listed species or critical habitat are present in the action area; (ii) Documentation of concurrence from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Service(s)), as necessary, that the action is not likely to adversely affect ESA-listed species or critical habitat; or (iii) A draft Biological Assessment that includes documentation of consultation with the Service(s). (6) Section 106 of the National Historic Preservation Act. Documentation that section 106 consultation has been initiated with the state historic preservation officer(s) and any Indian Tribes identified as having an interest in the project. (7) Dam owner documentation. 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(c) Before it files any application for an original license for a qualifying nonfederal hydropower project at an existing nonpowered dam or for a closed-loop pumped storage project pursuant to sections 34 and 35 of the Federal Power Act, a potential applicant must consult with the relevant Federal, State, and interstate resource agencies, including the National Marine Fisheries Service, the United States Fish and VerDate Sep<11>2014 15:50 Dec 04, 2024 Jkt 265001 Wildlife Service, the National Park Service, the United States Environmental Protection Agency, the Federal agency administering any federal lands or facilities utilized or occupied by the project, the appropriate State fish and wildlife agencies, the appropriate State water resource management agencies, the certifying authority under section 401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. 1341(c)(1), the agency that administers the Coastal Zone Management Act, 16 U.S.C. 1451– 1465, any Indian Tribe that may be affected by the proposed project, and members of the public. (d) The Director of the Office of Energy Projects will, upon request, provide a list of known appropriate Federal, state, and interstate resource agencies, and Indian tribes, and local, regional, or national non-governmental organizations likely to be interested in any license application proceeding. ■ 10. Revise § 7.7(a) to read as follows: § 7.7 Amendment of application. (a) Any proposed amendments to the pending license application after issuance of the notice of acceptance and ready for environmental analysis under this section must include updates to all material submitted under § 7.2(c). * * * * * [FR Doc. 2024–27981 Filed 12–4–24; 8:45 am] BILLING CODE 6717–01–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4902 RIN 1212–AB59 Privacy Act Regulation; Exemption for Legal Case Management Records Pension Benefit Guaranty Corporation. ACTION: Final rule. AGENCY: This final rule amends Pension Benefit Guaranty Corporation’s Privacy Act regulation to exempt a system of records that supports law enforcement investigations through legal case management. DATES: This rule is effective January 6, 2025. FOR FURTHER INFORMATION CONTACT: Karen Levin (levin.karen@pbgc.gov), Attorney, Regulatory Affairs Division (reg.comments@pbgc.gov), Office of the General Counsel, at 202–229–3559, or Shawn Hartley (hartley.shawn@ pbgc.gov), Chief Privacy Officer, Office of the General Counsel, at 202–229– SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 96531 6321. If you are deaf or hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION: Executive Summary This final rule amends the Pension Benefit Guaranty Corporation’s (PBGC’s) regulation on Disclosure and Amendment of Records Pertaining to Individuals under the Privacy Act (29 CFR part 4902) to exempt from disclosure information contained in a system of records for PBGC’s Office of Negotiations and Restructuring/Office of General Counsel Case Management System. The exemption is needed because records in this system include investigatory material compiled for administrative, civil, and criminal law enforcement purposes. PBGC’s legal authority for this rulemaking is provided by section 4002(b)(3) of the Employee Retirement Income Security Act of 1974 (ERISA) and 5 U.S.C. 552a(k)(2). Background PBGC administers two insurance programs for private-sector defined benefit pension plans under title IV of the Employee Retirement Income Security Act of 1974 (ERISA): a singleemployer plan termination insurance program and a multiemployer plan insolvency insurance program. In addition, PBGC administers a special financial assistance program for certain financially distressed multiemployer plans. As a Federal agency, PBGC is subject to the Privacy Act of 1974, 5 U.S.C. 552a (Privacy Act), in its collection, maintenance, use, and dissemination of any personally identifiable information that it maintains in a ‘‘system of records.’’ A system of records is defined under the Privacy Act as ‘‘a group of any records under the control of any 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.’’ 1 PBGC previously established a system of records, ‘‘PBGC–19, Office of Negotiations and Restructuring/Office of General Counsel Case Management System.’’ This system of records was last published in the ‘‘Notice’’ section of the Federal Register on September 9, 2024, at 89 FR 73196. This system collects and maintains personally identifiable information obtained by the Office of General Counsel in matters involving 1 See E:\FR\FM\05DER1.SGM 5 U.S.C. 552a(a)(5). 05DER1 96532 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations khammond on DSK9W7S144PROD with RULES administrative, civil, or criminal law enforcement investigations. Records from this system are used on a need-toknow basis to manage various legal matters; to facilitate administrative, civil, or criminal law enforcement investigations and activities; to receive referrals for investigation from internal and external partners; to meet other Office of General Counsel program requirements; and to investigate/manage cases involving violations of administrative, civil, or criminal laws. On October 22, 2024 (89 FR 84314), PBGC published a proposed rule to amend its Privacy Act regulation (29 CFR part 4902) to exempt certain records that will be maintained in PBGC–19 from certain provisions of the Privacy Act, and to make other minor changes. PBGC received no comments on the proposed rule. The final regulation is unchanged from the proposed regulation except for editorial changes to conform some system names. Exemption Under section 552a(k) of the Privacy Act, PBGC may promulgate regulations exempting information contained in certain systems of records from specified sections of the Privacy Act including the section mandating disclosure of information to an individual who has requested it. Among other systems, PBGC may exempt a system that is ‘‘investigatory material compiled for law enforcement purposes.’’ 2 Under this provision, PBGC has exempted, in §§ 4902.10, 4902.11, and 4902.12 of its Privacy Act regulation, records of the investigations conducted by its Personnel Security Department contained in ‘‘PBGC–12, Personnel Security Investigation Records,’’ records of the investigations conducted by the Office of Inspector General contained in ‘‘PBGC–17, Office of Inspector General Investigative File System,’’ and records of insider threat investigations conducted by PBGC contained in ‘‘PBGC–26, PBGC Insider Threat and Data Loss Prevention.’’ The PBGC–19, Office of Negotiations and Restructuring/Office of General Counsel Case Management System contains: (1) records derived from the Office of Inspector General, Personnel Security, or insider threat investigations, (2) summaries or reports containing information about administrative, civil, and criminal legal investigations, (3) information related to investigative or analytical efforts by PBGC legal, security, or law enforcement personnel, (4) reports about potential administrative, civil, or 2 See 5 U.S.C. 552a(k)(2). VerDate Sep<11>2014 15:50 Dec 04, 2024 Jkt 265001 criminal law enforcement activities obtained through the management and operation of the Office of General Counsel, and (5) reports about potential civil or criminal legal investigations obtained from other Federal Government sources involving PBGC. The records contained in this system include investigative material of actual, potential, or alleged criminal, civil, or administrative violations and law enforcement actions. These records are within the material permitted to be exempted under section 552a(k)(2) of the Privacy Act. This final rule amends PBGC’s Privacy Act regulation to redesignate § 4902.13 (Filing rules; computation of time) as § 4902.14 and to add a new § 4902.13 as an exemption for PBGC–19, Office of Negotiations and Restructuring/Office of General Counsel Case Management System, from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f). Exemption from these sections of the Privacy Act means that, with respect to records in the system, PBGC is not required to: (1) disclose records to an individual upon request, (2) keep an accounting of individuals who request records, (3) maintain only records as necessary to accomplish an agency purpose, or (4) publish notice of certain revisions of the system of records. In addition, this final rule makes changes to some of the system names previously used in part 4902 to conform them to the systems of records published in the Federal Register on September 9, 2024, at 89 FR 73196. Compliance With Rulemaking Guidelines The Office of Management and Budget (OMB) has determined that this rulemaking is not a ‘‘significant regulatory action’’ under Executive Order 12866. Accordingly, OMB has not reviewed the final rule under Executive Order 12866. PBGC certifies under section 605(b) of the Regulatory Flexibility Act that this final rule will not have a significant economic impact on a substantial number of small entities. The rule will only affect the maintenance and disclosure of information about individuals by PBGC under the Privacy Act and therefore will have no economic impact on entities of any size. Accordingly, sections 603 and 604 of the Regulatory Flexibility Act do not apply. See 5 U.S.C. 603, 604. List of Subjects in 29 CFR Part 4902 Privacy. In consideration of the foregoing, PBGC is amending 29 CFR part 4902 as follows: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 PART 4902—DISCLOSURE AND AMENDMENT OF RECORDS PERTAINING TO INDIVIDUALS UNDER THE PRIVACY ACT 1. The authority citation for part 4902 continues to read as follows: ■ Authority: 5 U.S.C. 552a, 29 U.S.C. 1302(b)(3). § 4902.1 [Amended] 2. In § 4902.1, amend paragraph (d) by removing ‘‘4902.12’’ and adding in its place ‘‘4902.13’’. ■ § 4902.10 [Amended] 3. In 4902.10, amend paragraph (a) by removing ‘‘—PBGC’’. ■ § 4902.11 [Amended] 4. In 4902.11, amend paragraphs (a)(1), (b)(1), and (c)(1) by removing ‘‘— PBGC’’. ■ § 4902.12 [Amended] 5. In 4902.12, amend paragraph (a) by removing ‘‘—PBGC’’. ■ § 4902.13 [Redesignated as § 4902.14] 6. Redesignate § 4902.13 as § 4902.14. ■ 7. Add new § 4902.13 to read as follows: ■ § 4902.13 Specific exemptions: Legal Case Management. (a) Exemption. Under the authority granted by 5 U.S.C. 552a(k)(2), PBGC hereby exempts the system of records entitled ‘‘PBGC–19, Office of Negotiations and Restructuring/Office of General Counsel Case Management System’’ from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). (b) Reasons for exemption. The reasons for asserting this exemption are because the disclosure and other requirements of the Privacy Act could substantially compromise the efficacy and integrity of PBGC’s ability to investigate administrative, civil, or criminal legal matters. Disclosure could invade the privacy of individuals and disclose their identity when they were expressly promised confidentiality. Disclosure could interfere with the integrity of information which would otherwise be subject to legal privileges, see, e.g., 5 U.S.C. 552(b)(5), and which could interfere with other important law enforcement concerns, see, e.g., 5 U.S.C. 552(b)(7). Issued in Washington, DC. Ann Y. Orr, Acting Director, Pension Benefit Guaranty Corporation. [FR Doc. 2024–28442 Filed 12–4–24; 8:45 am] BILLING CODE 7709–02–P E:\FR\FM\05DER1.SGM 05DER1

Agencies

Pension Benefit Guaranty Corporation

[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Rules and Regulations]
[Pages 96531-96532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28442]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4902

RIN 1212-AB59


Privacy Act Regulation; Exemption for Legal Case Management 
Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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

SUMMARY: This final rule amends Pension Benefit Guaranty Corporation's 
Privacy Act regulation to exempt a system of records that supports law 
enforcement investigations through legal case management.

DATES: This rule is effective January 6, 2025.

FOR FURTHER INFORMATION CONTACT: Karen Levin ([email protected]), 
Attorney, Regulatory Affairs Division ([email protected]), Office 
of the General Counsel, at 202-229-3559, or Shawn Hartley 
([email protected]), Chief Privacy Officer, Office of the General 
Counsel, at 202-229-6321. If you are deaf or hard of hearing, or have a 
speech disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION:

Executive Summary

    This final rule amends the Pension Benefit Guaranty Corporation's 
(PBGC's) regulation on Disclosure and Amendment of Records Pertaining 
to Individuals under the Privacy Act (29 CFR part 4902) to exempt from 
disclosure information contained in a system of records for PBGC's 
Office of Negotiations and Restructuring/Office of General Counsel Case 
Management System. The exemption is needed because records in this 
system include investigatory material compiled for administrative, 
civil, and criminal law enforcement purposes.
    PBGC's legal authority for this rulemaking is provided by section 
4002(b)(3) of the Employee Retirement Income Security Act of 1974 
(ERISA) and 5 U.S.C. 552a(k)(2).

Background

    PBGC administers two insurance programs for private-sector defined 
benefit pension plans under title IV of the Employee Retirement Income 
Security Act of 1974 (ERISA): a single-employer plan termination 
insurance program and a multiemployer plan insolvency insurance 
program. In addition, PBGC administers a special financial assistance 
program for certain financially distressed multiemployer plans.
    As a Federal agency, PBGC is subject to the Privacy Act of 1974, 5 
U.S.C. 552a (Privacy Act), in its collection, maintenance, use, and 
dissemination of any personally identifiable information that it 
maintains in a ``system of records.'' A system of records is defined 
under the Privacy Act as ``a group of any records under the control of 
any 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.'' \1\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 552a(a)(5).
---------------------------------------------------------------------------

    PBGC previously established a system of records, ``PBGC-19, Office 
of Negotiations and Restructuring/Office of General Counsel Case 
Management System.'' This system of records was last published in the 
``Notice'' section of the Federal Register on September 9, 2024, at 89 
FR 73196.
    This system collects and maintains personally identifiable 
information obtained by the Office of General Counsel in matters 
involving

[[Page 96532]]

administrative, civil, or criminal law enforcement investigations. 
Records from this system are used on a need-to-know basis to manage 
various legal matters; to facilitate administrative, civil, or criminal 
law enforcement investigations and activities; to receive referrals for 
investigation from internal and external partners; to meet other Office 
of General Counsel program requirements; and to investigate/manage 
cases involving violations of administrative, civil, or criminal laws.
    On October 22, 2024 (89 FR 84314), PBGC published a proposed rule 
to amend its Privacy Act regulation (29 CFR part 4902) to exempt 
certain records that will be maintained in PBGC-19 from certain 
provisions of the Privacy Act, and to make other minor changes. PBGC 
received no comments on the proposed rule. The final regulation is 
unchanged from the proposed regulation except for editorial changes to 
conform some system names.

Exemption

    Under section 552a(k) of the Privacy Act, PBGC may promulgate 
regulations exempting information contained in certain systems of 
records from specified sections of the Privacy Act including the 
section mandating disclosure of information to an individual who has 
requested it. Among other systems, PBGC may exempt a system that is 
``investigatory material compiled for law enforcement purposes.'' \2\ 
Under this provision, PBGC has exempted, in Sec. Sec.  4902.10, 
4902.11, and 4902.12 of its Privacy Act regulation, records of the 
investigations conducted by its Personnel Security Department contained 
in ``PBGC-12, Personnel Security Investigation Records,'' records of 
the investigations conducted by the Office of Inspector General 
contained in ``PBGC-17, Office of Inspector General Investigative File 
System,'' and records of insider threat investigations conducted by 
PBGC contained in ``PBGC-26, PBGC Insider Threat and Data Loss 
Prevention.''
---------------------------------------------------------------------------

    \2\ See 5 U.S.C. 552a(k)(2).
---------------------------------------------------------------------------

    The PBGC-19, Office of Negotiations and Restructuring/Office of 
General Counsel Case Management System contains: (1) records derived 
from the Office of Inspector General, Personnel Security, or insider 
threat investigations, (2) summaries or reports containing information 
about administrative, civil, and criminal legal investigations, (3) 
information related to investigative or analytical efforts by PBGC 
legal, security, or law enforcement personnel, (4) reports about 
potential administrative, civil, or criminal law enforcement activities 
obtained through the management and operation of the Office of General 
Counsel, and (5) reports about potential civil or criminal legal 
investigations obtained from other Federal Government sources involving 
PBGC. The records contained in this system include investigative 
material of actual, potential, or alleged criminal, civil, or 
administrative violations and law enforcement actions. These records 
are within the material permitted to be exempted under section 
552a(k)(2) of the Privacy Act.
    This final rule amends PBGC's Privacy Act regulation to redesignate 
Sec.  4902.13 (Filing rules; computation of time) as Sec.  4902.14 and 
to add a new Sec.  4902.13 as an exemption for PBGC-19, Office of 
Negotiations and Restructuring/Office of General Counsel Case 
Management System, from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 
(H), and (I) and (f). Exemption from these sections of the Privacy Act 
means that, with respect to records in the system, PBGC is not required 
to: (1) disclose records to an individual upon request, (2) keep an 
accounting of individuals who request records, (3) maintain only 
records as necessary to accomplish an agency purpose, or (4) publish 
notice of certain revisions of the system of records. In addition, this 
final rule makes changes to some of the system names previously used in 
part 4902 to conform them to the systems of records published in the 
Federal Register on September 9, 2024, at 89 FR 73196.

Compliance With Rulemaking Guidelines

    The Office of Management and Budget (OMB) has determined that this 
rulemaking is not a ``significant regulatory action'' under Executive 
Order 12866. Accordingly, OMB has not reviewed the final rule under 
Executive Order 12866.
    PBGC certifies under section 605(b) of the Regulatory Flexibility 
Act that this final rule will not have a significant economic impact on 
a substantial number of small entities. The rule will only affect the 
maintenance and disclosure of information about individuals by PBGC 
under the Privacy Act and therefore will have no economic impact on 
entities of any size. Accordingly, sections 603 and 604 of the 
Regulatory Flexibility Act do not apply. See 5 U.S.C. 603, 604.

List of Subjects in 29 CFR Part 4902

    Privacy.

    In consideration of the foregoing, PBGC is amending 29 CFR part 
4902 as follows:

PART 4902--DISCLOSURE AND AMENDMENT OF RECORDS PERTAINING TO 
INDIVIDUALS UNDER THE PRIVACY ACT

0
1. The authority citation for part 4902 continues to read as follows:

    Authority:  5 U.S.C. 552a, 29 U.S.C. 1302(b)(3).


Sec.  4902.1   [Amended]

0
2. In Sec.  4902.1, amend paragraph (d) by removing ``4902.12'' and 
adding in its place ``4902.13''.


Sec.  4902.10  [Amended]

0
3. In 4902.10, amend paragraph (a) by removing ``--PBGC''.


Sec.  4902.11   [Amended]

0
4. In 4902.11, amend paragraphs (a)(1), (b)(1), and (c)(1) by removing 
``--PBGC''.


Sec.  4902.12  [Amended]

0
5. In 4902.12, amend paragraph (a) by removing ``--PBGC''.


Sec.  4902.13  [Redesignated as Sec.  4902.14]

0
6. Redesignate Sec.  4902.13 as Sec.  4902.14.

0
7. Add new Sec.  4902.13 to read as follows:


Sec.  4902.13  Specific exemptions: Legal Case Management.

    (a) Exemption. Under the authority granted by 5 U.S.C. 552a(k)(2), 
PBGC hereby exempts the system of records entitled ``PBGC-19, Office of 
Negotiations and Restructuring/Office of General Counsel Case 
Management System'' from the provisions of 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (H), and (I), and (f).
    (b) Reasons for exemption. The reasons for asserting this exemption 
are because the disclosure and other requirements of the Privacy Act 
could substantially compromise the efficacy and integrity of PBGC's 
ability to investigate administrative, civil, or criminal legal 
matters. Disclosure could invade the privacy of individuals and 
disclose their identity when they were expressly promised 
confidentiality. Disclosure could interfere with the integrity of 
information which would otherwise be subject to legal privileges, see, 
e.g., 5 U.S.C. 552(b)(5), and which could interfere with other 
important law enforcement concerns, see, e.g., 5 U.S.C. 552(b)(7).

    Issued in Washington, DC.
Ann Y. Orr,
Acting Director, Pension Benefit Guaranty Corporation.
[FR Doc. 2024-28442 Filed 12-4-24; 8:45 am]
BILLING CODE 7709-02-P

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