84314 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Proposed Rules 

extension east of the airport to 2 miles 

each side of the 090° bearing from the 

airport extending from the 6.6-mile 

(previously 7-mile) radius of the airport 

to 10.5 miles east of the airport; adding 

an extension 9.5 miles north and 6 miles 

south of the 270° bearing from the 

Gaylord RGNL: RWY 09–LOC extending 

from the 6.6-mile radius to 10 miles 

west of the airport; and adding an 

extension within 2 miles each side of 

the 270° bearing from the airport 

extending from the 6.5-mile radius to 

10.9 miles west of the airport. 

This action is the result of an airspace 

review conducted as part of the 

decommissioning of the Gaylord VOR as 

part of the VOR MON Program and to 

support IFR operations at this airport. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL MI E5 Gaylord, MI [Amended] 

Gaylord Regional Airport, MI 

(Lat. 45°00′47′′ N, long. 84°42′12′′ W) 

Gaylord RGNL: RWY 09–LOC 

(Lat. 45°00′52′′ N, long. 84°41′15′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of the Gaylord Regional Airport; and 

within 2 miles each side of the 090° bearing 

from the airport extending from the 6.6-mile 

radius to 10.5 miles east of the airport; and 

within 9.5 miles north and 6 miles south of 

the 270° bearing from the Gaylord RGNL: 

RWY 09–LOC extending from the 6.6-mile 

radius to 10 miles west of the airport; and 

within 2 miles each side of the 270° bearing 

from the airport extending from the 6.6-mile 

radius of the airport to 10.9 miles west of the 

airport. 

* * * * * 

Issued in Fort Worth, Texas, on October 16, 

2024. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2024–24346 Filed 10–21–24; 8:45 am] 

BILLING CODE 4910–13–P 

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: Proposed rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation is proposing to amend its 

Privacy Act regulation to exempt a 

system of records that supports law 

enforcement investigations through 

legal case management. 

DATES: Comments must be received on 

or before November 21, 2024 to be 

assured of consideration. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: reg.comments@pbgc.gov. 

Refer to RIN 1212–AB59 in the subject 

line. 

• Mail or Hand Delivery: Regulatory 

Affairs Division, Office of the General 

Counsel, Pension Benefit Guaranty 

Corporation, 445 12th Street SW, 

Washington, DC 20024–2101. 

Commenters are strongly encouraged 

to submit comments electronically. 

Commenters who submit comments on 

paper by mail should allow sufficient 

time for mailed comments to be 

received before the close of the 

comment period. All submissions must 

include the agency’s name (Pension 

Benefit Guaranty Corporation or PBGC), 

the title for this rulemaking (Privacy Act 

Regulation; Exemption for Legal Case 

Management Records), and the 

Regulation Identifier Number for this 

rulemaking (RIN 1212–AB59). 

Comments received will be posted 

without change to PBGC’s website, 

www.pbgc.gov, including any personal 

information provided. Do not submit 

comments that include any personally 

identifiable information or confidential 

business information. 

Copies of comments may also be 

obtained by writing to Disclosure 

Division, Office of the General Counsel, 

Pension Benefit Guaranty Corporation, 

445 12th Street SW, Washington, DC 

20024–2101, or calling 202–326–4040 

during normal business hours. If you are 

deaf or hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

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– 

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 proposed rule would amend 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Proposed Rules 84315 

1See 5 U.S.C. 552a(a)(5) 2See 5 U.S.C. 552a(k)(2). 

investigatory material compiled for 

administrative, civil, and criminal law 

enforcement purposes. 

Legal authority for this proposed rule 

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 

The Pension Benefit Guaranty 

Corporation (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

PBGC previously established a system 

of records, ‘‘PBGC–19, Office of 

Negotiations and Restructuring/Office of 

General Counsel Case Management 

System—PBGC.’’ This system of records 

was last published in the ‘‘Notice’’ 

section of the Federal Register on 

September 1, 2021, at 86 FR 49061. 

This system collects and maintains 

personally identifiable information 

obtained by the Office of General 

Counsel in matters involving 

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. 

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 and contained in ‘‘PBGC–17, 

Office of Inspector General Investigative 

File System—PBGC,’’ and records of 

insider threat investigations conducted 

by PBGC contained in ‘‘PBGC–26, PBGC 

Insider Threat and Data Loss 

Prevention—PBGC.’’ 

The PBGC–19, Office of Negotiations 

and Restructuring/Office of General 

Counsel Case Management System— 

PBGC 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 proposed rule would amend 

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—PBGC, 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 would 

mean that, with respect to records in the 

system, PBGC would not be 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. 

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 proposed rule under 

Executive Order 12866. 

PBGC certifies under section 605(b) of 

the Regulatory Flexibility Act that the 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The rule would only affect the 

maintenance and disclosure of 

information about individuals by PBGC 

under the Privacy Act and therefore 

would 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 proposes to amend 29 CFR part 

4902 as follows: 

PART 4902—DISCLOSURE AND 

AMENDMENT OF RECORDS 

PERTAINING TO INDIVIDUALS UNDER 

THE PRIVACY ACT 

■ 1. The authority citation for part 4902 

will continue 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’’. 

§ 4902.13 [Redesignated as § 4902.14] 

■ 3. Redesignate § 4902.13 as § 4902.14. 

■ 4. 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–PBGC’’ 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
84316 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Proposed Rules 

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. 2024–24210 Filed 10–21–24; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 147 

[Docket Number USCG–2024–0704] 

RIN 1625–AA00 

Safety Zone; Empire Wind 1 Wind Farm 

Project Area, Outer Continental Shelf, 

Lease OCS–A 0512, Offshore New York 

and New Jersey, Atlantic Ocean 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish 55 temporary safety zones 

around the construction of each facility 

during the development of the Empire 

Wind 1 Wind Farm project area within 

federal waters on the Outer Continental 

Shelf, specifically in the Bureau of 

Ocean Energy Management Renewable 

Energy Lease Area OCS–A 0512, 

approximately 12 nautical miles south 

of Long Island, NY. This action protects 

life, property, and the environment 

during construction of each facility from 

March 1, 2025, to February 29, 2028. 

When enforced, only attending vessels 

and vessels with authorization are 

permitted to enter or remain in the 

temporary safety zones. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before November 21, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2024–0704 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. This notice of proposed 

rulemaking with its plain-language, 100- 

word-or-less proposed rule summary 

will be available in this same docket. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Mr. Craig 

Lapiejko, Waterways Management, at 

Coast Guard First District, telephone 

617–603–8592, email craig.d.lapiejko@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

BOEM Bureau of Ocean Energy 

Management 

CFR Code of Federal Regulations 

DD Degrees Decimal 

DHS Department of Homeland Security 

EW1 Empire Wind 1 

FR Federal Register 

NJ New Jersey 

NPRM Notice of Proposed Rulemaking 

NY New York 

OCS Outer Continental Shelf 

OSS Offshore Substation 

NAD 83 North American Datum of 1983 

NM Nautical Mile 

§ Section 

U.S.C. United States Code 

WTG Wind Turbine Generator 

II. Background, Purpose, and Legal 

Basis 

Empire Offshore Wind LLC, an 

offshore wind farm developer, notified 

the Coast Guard that they plan to begin 

construction of the Empire Wind 1 

(EW1) facilities in the EW1 Wind Farm 

project area within federal waters on the 

Outer Continental Shelf (OCS). 

Specifically, construction will begin in 

a portion of the Bureau of Ocean Energy 

Management (BOEM) Renewable Energy 

Lease Area OCS–A 0512, approximately 

12 nautical miles (NM) offshore south of 

Long Island, New York (NY), and 17 NM 

offshore east of Long Branch, New 

Jersey (NJ), possibly as early as March 

2025. 

The extremely complex offshore 

construction of these OCS facilities 

presents many unusually hazardous 

conditions including hydraulic pile 

driving hammer operations, heavy lift 

operations, overhead cutting operations, 

potential falling debris, increased vessel 

traffic, and stationary vessels and barges 

in close proximity to the facilities and 

each other. 

Based on these circumstances, the 

First Coast Guard District Commander 

has determined that establishment of 55 

temporary safety zones through 

rulemaking is warranted to ensure the 

safety of life, property, and the 

environment within a 500-meter radius 

of each of the 55 facilities during their 

construction. 

The Coast Guard is proposing this 

rule under the authorities provided in 

14 U.S.C. 544, 43 U.S.C. 1333, and 

Department of Homeland Security 

(DHS) Delegation No. 00170.1, Revision 

No. 01.3. As an implementing regulation 

of this authority, 33 CFR part 147 

permits the establishment of safety 

zones for non-mineral energy resource 

permanent or temporary structures 

located on the OCS for the purpose of 

protecting life and property on the 

facilities, appurtenances and attending 

vessels, and on the adjacent waters 

within the safety zone (see 33 CFR 

147.10). Accordingly, a safety zone 

established under 33 CFR part 147 may 

also include provisions to restrict, 

prevent, or control certain activities, 

including access by vessels or persons 

to maintain safety of life, property, and 

the environment. 

III. Discussion of Proposed Rule 

The District Commander is proposing 

to establish 55 temporary 500-meter 

safety zones around the construction of 

54 wind turbine generators (WTGs) and 

one offshore substation (OSS) on the 

OCS from March 1, 2025, through 11:59 

p.m. on February 29, 2028. 

The construction of these facilities is 

expected to repeatedly include the 

installation of the foundations followed 

by the installation of the upper 

structures for all 55 facilities. Major 

construction activity could take place 

for a period lasting approximately 96 

hours or more at several locations, 

sometimes simultaneously, in the lease 

area for these 55 facilities. The Coast 

Guard will make notice of each 

enforcement period via the Local Notice 

to Mariners and issue a Broadcast 

Notice to Mariners via marine channel 

16 (VHF–FM) as soon as practicable in 

response to an emergency or hazardous 

condition. The Coast Guard is 

publishing this rulemaking to be 

effective, and enforceable, through 

February 29, 2028, to encompass any 

construction delays due to weather or 

other unforeseen circumstances. If, as 

currently scheduled, the project is 

completed before February 29, 2028, 

enforcement of the safety zones would 

be suspended, and notice given via 

Local Notice to Mariners. 

Additional information about the 

construction process of the EW1 can be 

found at https://www.boem.gov/ 

renewable-energy/state-activities/ 

empire-wind. 

The 55 temporary 500-meter safety 

zones around the construction of 54 

WTGs and one OSS are in the EW1 


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