Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78467 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Chief, Office of 

Hazardous Materials Safety General 

Approvals and Permits Branch, Pipeline 

and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, PHH–13, 

1200 New Jersey Avenue Southeast, 

Washington, DC 20590–0001, (202) 366– 

4535. 

SUPPLEMENTARY INFORMATION: Each 

mode of transportation for which a 

particular special permit is requested is 

indicated by a number in the ‘‘Nature of 

Application’’ portion of the table below 

as follows: 1—Motor vehicle, 2—Rail 

freight, 3—Cargo vessel, 4—Cargo 

aircraft only, 5—Passenger-carrying 

aircraft. 

Copies of the applications are 

available for inspection in the Records 

Center, East Building, PHH–13, 1200 

New Jersey Avenue Southeast, 

Washington, DC. 

This notice of receipt of applications 

for special permit is published in 

accordance with part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on November 3, 

2023. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

SPECIAL PERMITS DATA

Application 

number Applicant Regulation(s) affected Nature of the special permits thereof 

21656–N ....... Rawhide Leasing Company 

LLC.

173.302a(b) ............................. To authorize the requalification of 3A, 3AA, 3AX, 3AAx and 

3T cylinders by proof pressure testing in accordance with 

CGA Pamphlet C–1 in lieu of hydrostatic or direct expansion testing. (modes 1, 3). 

21658–N ....... Veolia ES Technical Solutions 

LLC.

173.21(b), 173.51, 173.54(a), 

173.56(b).

To authorize the one-time, one-way transportation in commerce of unapproved explosives for the purpose of disposal. (mode 1). 

21659–N ....... Siller Helicopters, Inc .............. 172.400, 172.101, 172.200, 

172.204(c)(3), 172.204(c)(3), 

172.300, 173.27(b)(2), 

175.30(a)(1).

To authorize the transportation in commerce of certain hazardous materials by 14 CFR Part 133 cargo-only aircraft 

(rotorcraft external load operations) transporting hazardous 

materials attached to or suspended from the aircraft, and 

Part 135, as applicable, in remote areas of the US only, 

without being subject to certain hazard communication requirements, quantity limitations and certain loading and 

stowage requirements. (mode 4). 

21661–N ....... Thermavant Technologies, 

LLC.

173.301(f), 173.302a(a)(1), 

173.304a(a)(2).

To authorize the transportation in commerce of certain nonDOT specification containers containing anhydrous ammonia for use in specialty cooling applications in the DoD and 

Aerospace industry. (mode 1). 

21662–N ....... Tank Traders Missouri ............ 180.215 ................................... To authorize the transportation in commerce of propane cylinders where the visual inspection record is created in an 

alternative manner. 

21663–N ....... Orbion Space Technology, Inc. 173.301(f)(1), 173.302a .......... To authorize the transportation in commerce of non-DOT 

specification cylinders intended for use in spacecraft. 

(mode 1). 

21664–N ....... Champion Container Corporation.173.158(f)(3) ............................ To authorize the transportation in commerce of nitric acid in 

combination packaging where the inner packagings are not 

further individually overpacked in tightly closed metal packagings. (modes 1, 2, 3). 

21665–N ....... Weilert Enterprises, Inc ........... 178.935(c)(1) ........................... To authorize the manufacture, mark, sale, and use of UN 

50D large packagings with a volumetric capacity exceeding 

3000 L. 

21666–N ....... CMC Materials, Inc ................. 173.22(a)(2), 173.24(c)(1)(i) .... To authorize the transportation in commerce of certain oxidizing liquids in alternative packaging. (mode 1). 

21667–N ....... Hanwha Cimarron LLC ........... 173.302(a) ............................... To authorize the manufacture, mark, sale, and use of nonDOT specification fiber reinforced composite cylinders with 

non-load sharing plastic liners in compliance with UN/ 

ISO11515: 2013, Type 4. (modes 1, 2, 3). 

[FR Doc. 2023–25168 Filed 11–14–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2023–0108] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of the Departmental 

Chief Information Officer, Office of the 

Secretary of Transportation, DOT. 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the United States 

Department of Transportation (DOT), 

Federal Aviation Administration (FAA), 

proposes a new system of records titled, 

‘‘DOT/FAA 858 Adjudication Docket 

Records in Aviation Litigation 

Proceedings under 14 Code of Federal 


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78468 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

Regulations (CFR) part 13, subparts D 

and G and Acquisition Dispute 

Proceedings under 14 CFR part 17’’. 

This system of records allows DOT to 

collect and maintain case records for inhouse administrative adjudications and 

mediations (‘‘adjudicative records’’) in 

accordance with FAA procedures and 

regulations that support its mission of 

aviation safety. 

DATES: Submit comments on or before 

December 15, 2023. The Department 

may publish an amended Systems of 

Records Notice considering any 

comments received. This new system 

will be effective immediately upon 

publication. The routine uses will be 

effective December 15, 2023. 

ADDRESSES: You may submit comments 

identified by docket number DOT–OST– 

2023–0108 by any of the following 

methods: 

• Federal e-Rulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE, between 9 

a.m. and 5 p.m. ET, Monday through 

Friday, except Federal Holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2023–0108. All comments 

received will be posted without change 

to https://www.regulations.gov, 

including any personal information 

provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: For 

questions, please contact: Karyn 

Gorman, Departmental Chief Privacy 

Officer, Privacy Office, Department of 

Transportation, Washington, DC 20590; 

privacy@dot.gov; or 202–366–3140. 

SUPPLEMENTARY INFORMATION: The 

adjudicative records consist of two 

categories of records, namely: 

adjudications resulting from actions in 

which individuals request a hearing 

under 14 CFR part 13, subparts D or G; 

and acquisition adjudications, such as 

bid protests, contract disputes and predisputes filed under 14 CFR part 17. 

The adjudicative records in both 

categories include any associated 

applications for attorney fees under 14 

CFR part 14. The information 

maintained in this system of records 

depends on the nature of the case and 

includes but is not limited to: a party’s 

name; date of birth; tax identification 

number (TIN) and/or social security 

number (SSN); certificate number, 

business and personal contact 

information (e.g., address and phone 

number); medical information; drug test 

results; penalty history; docket number 

or order number; financial (e.g., tax 

returns, pay stubs or bank statements) 

and employment-related information; as 

well as other personally identifiable 

information (PII) in exhibits and other 

artifacts, which vary depending on the 

nature of the case. 

Background 

In accordance with the Privacy Act of 

1974, the United States DOT/FAA is 

proposing a new system of records 

notice titled, ‘‘DOT/FAA 858 

Adjudication Docket Records in 

Aviation Litigation Proceedings under 

14 CFR part 13, subparts D and G and 

Acquisition Dispute Proceedings under 

14 CFR part 17.’’ The records covered by 

this Notice were previously covered by 

two separate Notices: SORN DOT/FAA 

847, Aviation Records on Individuals, 

and SORN DOT/ALL 14, Federal Docket 

Management System (FDMS). To ensure 

consistent handling of records 

maintained by FAA’s Office of 

Adjudication, DOT is proposing to 

consolidate adjudication docket records 

maintained by the Office of 

Adjudication into a single SORN. 

This system of records covers all 

facets of in-house administrative 

adjudications and mediations 

(‘‘adjudicative records’’). The 

adjudicative records consist of two 

categories of records, namely: 

adjudications resulting from certain 

actions in which individuals request a 

hearing under 14 CFR part 13, subparts 

D or G (‘‘subparts D or G records’’), and 

acquisition adjudications (‘‘acquisition 

adjudication records’’), such as bid 

protests, contract disputes and predisputes filed by individuals under 14 

CFR part 17. Both of these categories 

include any related applications for 

attorney fees under 14 CFR part 14. 

Subparts D or G Records 

Subparts D or G records are records 

that are generated in connection with a 

request for hearing and proceedings 

related to such a request under 14 CFR 

part 13, subparts D and G. FAA actions 

that result in the creation of records 

following a request for a hearing under 

subpart D are referenced in 14 CFR 

13.20 and include orders of compliance, 

cease and desist orders, and orders of 

denial. FAA actions that result in the 

creation of records following a request 

for a hearing under subpart G are 

referenced in that subpart. Requests for 

hearings under subparts D and G are 

filed with the Office of Adjudication. 

This Notice does not cover the 

underlying enforcement investigative 

records maintained in FAA’s 

investigative files for actions described 

in 14 CFR 13.16 and 13.20; those files 

are maintained in accordance with 

System of Records Notice DOT/FAA 

847, Aviation Records on Individuals, to 

the extent they pertain to investigations 

pertaining to an individual. 

The individual’s request for a hearing 

initiates in-house administrative 

adjudication by the FAA. During the 

adjudication process, the individual and 

the FAA make arguments and submit 

into the case record information in 

connection with the litigation and their 

positions. This case record information 

often contains PII that includes but is 

not limited to: the individual’s name; 

date of birth; TIN and/or SSN; certificate 

number, business and personal contact 

information (e.g., address and phone 

number); medical information; drug test 

results; penalty history; docket number 

or order number; financial (e.g., tax 

returns, pay stubs or bank statements) 

and employment-related information; as 

well as other PII in exhibits and other 

artifacts, which vary depending on the 

nature of the case. These records are 

generated under the provisions of 14 

CFR part 13, subparts D and G. 

Associated records pertaining to 

requests for attorney fees are generated 

as a result of the requirements under 14 

CFR part 14. 

Subparts D or G records that are the 

subject of this notice are those created 

under 14 CFR part 13, subparts D and 

G, following an individual’s request for 

a hearing under those subparts. These 

individuals consist of any members of 

the public who are subject to FAA 

statutes and regulations those who fall 

within the ambit of §§ 13.16 and 13.20, 

who request a hearing under those 

sections, and who are the subject of 

documents generated through litigation 

under those sections. 

Acquisition Adjudication Records 

Acquisition adjudication records 

pertain to acquisition actions filed by a 

party who does, or seeks to do, business 

with the FAA; this Notice applies to 

those actions filed by parties who 


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Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78469 

conduct, or seek to conduct business 

with the FAA in their personal capacity. 

It does not apply to actions filed by 

businesses or other non-person entities. 

An acquisition matter could involve a 

contract dispute between a party and 

the FAA over rental payments. A bid 

protest filed by a party against an 

adverse evaluation by the FAA of their 

financial capability to perform a 

contract is another possible acquisition 

matter. These parties submit records to 

support their contract dispute or bid 

protest, that includes but is not limited 

to: a party’s name, date of birth, TIN 

and/or SSN; business and personal 

contact information (address and phone 

number); docket number or order 

number; financial (e.g., tax returns, pay 

stubs or bank statements) and 

employment-related information; as 

well as other PII in exhibits and other 

artifacts, which vary depending on the 

nature of the case. 

Acquisition adjudication records 

cover: parties who file, and are the 

subjects of, bid protests, contract 

disputes, pre-disputes and any 

associated application for attorney fees, 

pursuant to 14 CFR parts 17 and 14 

(respectively), with the Office of 

Adjudication’s Office of Dispute 

Resolution for Acquisition (ODRA). 

These parties can include: 

Individuals who are contractors, 

lessors, offerors, and members of the 

public who do, or seek to do business 

with the FAA in their personal capacity. 

Privacy Act 

The Privacy Act (5 U.S.C. 552a) 

governs the means by which the Federal 

Government collects, maintains, and 

uses personally identifiable information 

(PII) in a System of Records. A ‘‘System 

of Records’’ is a group of any records 

under the control of a Federal agency 

from which information about 

individuals is retrieved by name or 

other personal identifier. The Privacy 

Act requires each agency to publish in 

the Federal Register a System of 

Records Notice (SORN) identifying and 

describing each System of Records the 

agency maintains, including the 

purposes for which the agency uses PII 

in the system, the routine uses for 

which the agency discloses such 

information outside the agency, and 

how individuals to whom a Privacy Act 

record pertains can exercise their rights 

under the Privacy Act (e.g., to determine 

if the system contains information about 

them and to contest inaccurate 

information). In accordance with 5 

U.S.C. 552a(r), DOT has provided a 

report of this system of records to the 

Office of Management and Budget and 

to Congress. 

SYSTEM NAME AND NUMBER: 

Department of Transportation, Federal 

Aviation Administration, DOT/FAA 858 

Adjudication Docket Records in 

Aviation Litigation Proceedings under 

14 CFR part 13, subparts D and G and 

Acquisition Dispute Proceedings under 

14 CFR part 17. 

SECURITY CLASSIFICATION: 

Unclassified 

SYSTEM LOCATION: 

System records are maintained at 

FAA headquarters in the Office of 

Adjudication. Address: 800 

Independence Avenue SW, Washington, 

DC 20591. 

SYSTEM MANAGER(S): 

For adjudication records in pending 

cases: Director, Office of Adjudication, 

AGC–70, 800 Independence Ave. SW, 

Washington, DC 20591. 9-AGC-FAAHearingDocket@faa.gov [for Subparts D 

or G adjudication records] or 9-AGCODRA@faa.gov [for acquisition 

adjudication records]. 

For finalized adjudication records in 

closed cases stored in the Case and 

Document Management System (CDMS): 

Director, Administrative Division, AGC– 

10, 800 Independence Ave. SW, 

Washington, DC 20591. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

49 U.S.C. 106, 44701, 40113–40114, 

and 46101–46110; 14 CFR part 13, 

subparts D and G; 14 CFR parts 14 and 

17. 

PURPOSE(S) OF THE SYSTEM: 

The purpose of the system is to allow 

DOT to collect and maintain case 

records for in-house administrative 

adjudications and mediations 

(‘‘adjudicative records’’) in accordance 

with FAA procedures and regulations 

that support its mission of aviation 

safety. The adjudicative records consist 

of two categories of records, namely: 

legal proceedings resulting from 

adjudications resulting from certain 

actions in which individuals request a 

hearing under 14 CFR part 13, subparts 

D or G; and acquisition adjudications, 

such as bid protests, contract disputes 

and pre-disputes filed under 14 CFR 

part 17. The adjudicative records in 

both categories include any associated 

applications for attorney fees under 14 

CFR part 14. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system of records contains 

information on individual members of 

the public who are parties in aviation 

litigation adjudication proceedings 

under 14 CFR part 13, subparts D and 

G or acquisition adjudication 

proceedings under 14 CFR part 17. 

Subparts D or G Records: Individuals 

who request a hearing under 14 CFR 

part 13, subparts D and G, resulting 

from an FAA-initiated action described 

in 14 CFR 13.16 and 13.20: These 

individuals consist of those who fall 

within the ambit of §§ 13.16 and 13.20, 

who request a hearing under those 

sections, and who are the subject of 

documents generated through litigation 

under those sections. 

Acquisition Adjudication Records: 

Parties who file, and are the subjects of, 

bid protests, contract claims, predisputes and associated applications for 

attorney fees, pursuant to 14 CFR parts 

17 and 14 (respectively), with the ODRA 

relative to contracts competed or 

awarded under the FAA’s acquisition 

policies and procedures. These parties 

can include: 

Individuals who are contractors, 

lessors, offerors, and members of the 

public who do, or seek to do business 

with the FAA in their personal capacity. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The types of PII contained within the 

categories of records in this system of 

records depend on the nature of the 

case, and include but are not limited to: 

Subparts D or G Records: Subparts D 

or G records are records that are 

generated as a result of a request for a 

hearing under 14 CFR part 13, subparts 

D and G, resulting from an FAAinitiated legal enforcement action 

described in 14 CFR 13.16 and 13.20. 

Such records may include a party’s 

name, date of birth; TIN and/or SSN; 

certificate number, business and 

personal contact information (e.g., 

address and phone number); medical 

information; drug test results; penalty 

history; docket number or order 

number; financial (e.g., tax returns, pay 

stubs or bank statements) and 

employment-related information; as 

well as other PII in exhibits and other 

artifacts, which vary depending on the 

nature of the case. These records are 

generated as a result of the provisions of 

14 CFR part 13, subparts D and G. 

Acquisition Adjudication Records: A 

party’s name, date of birth, TIN and/or 

SSN; business and personal contact 

information (address and phone 

number); docket number or order 

number; financial (e.g., tax returns, pay 

stubs or bank statements) and 

employment-related information; as 

well as other PII in exhibits and other 

artifacts, which vary depending on the 

nature of the case. 


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RECORD SOURCE CATEGORIES: 

Subparts D or G Records: Subparts D 

or G records that are the subject of this 

notice are those created under 14 CFR 

part 13, subparts D and G, following an 

individual’s request for a hearing under 

those subparts. These individuals 

consist of: those individuals who fall 

within the ambit of §§ 13.16 and 13.20, 

who request a hearing under those 

sections, and who are the subject of 

documents generated through litigation 

under those sections. 

Acquisition Adjudication Records: 

Parties who file, and are the subjects of, 

bid protests, contract claims, predisputes and associated applications for 

attorney fees, pursuant to 14 CR parts 17 

and 14 (respectively), with the ODRA 

relative to contracts competed or 

awarded under the FAA’s acquisition 

policies and procedures. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to other disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed outside DOT as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

System Specific Routine Use 

1. The FAA may provide public 

versions of decisions and orders, which 

have been sanitized to remove any 

sensitive PII, proprietary, sourceselection or other confidential 

information, as a routine use, to 

commercial publishers of legal materials 

for inclusion in print editions and 

online services for the same reasons. 

Public versions of decisions and orders 

published on the FAA website or by 

commercial publishers such as Westlaw 

or LexisNexis may contain the names of 

parties, attorneys, legal representatives, 

witnesses, and other individuals 

involved in the case. 

Departmental Routine Uses 

2. In the event that a system of records 

maintained by DOT to carry out its 

functions indicates a violation or 

potential violation of law, whether civil, 

criminal, or regulatory in nature, and 

whether arising by general statute or 

particular program pursuant thereto, the 

relevant records in the system of records 

may be referred, as a routine use, to the 

appropriate agency, whether Federal, 

State, local, or foreign, charged with the 

responsibility of investigating or 

prosecuting such violation or charged 

with enforcing or implementing the 

statute, or rule, regulation, or order 

issued pursuant thereto. 

3. A record from this system of 

records may be disclosed, as a routine 

use, to a Federal, State, or local agency 

maintaining civil, criminal, or other 

relevant enforcement information or 

other pertinent information, such as 

current licenses, if necessary to obtain 

information relevant to a DOT decision 

concerning the hiring or retention of an 

employee, the issuance of a security 

clearance, the letting of a contract, or 

the issuance of a license, grant or other 

benefit. 

4. A record from this system of 

records may be disclosed, as a routine 

use, to a Federal agency, in response to 

its request, in connection with the 

hiring or retention of an employee, the 

issuance of a security clearance, the 

reporting of an investigation of an 

employee, the letting of a contract, or 

the issuance of a license, grant, or other 

benefit by the requesting agency, to the 

extent that the information is relevant 

and necessary to the requesting agency’s 

decision on the matter. 

5a. Routine Use for Disclosure for Use 

in Litigation. It shall be a routine use of 

the records in this system of records to 

disclose them to the Department of 

Justice, or other Federal agencies 

conducting litigation when (a) DOT, or 

any agency thereof, or (b) Any employee 

of DOT or any agency thereof in their 

official capacity, or (c) Any employee of 

DOT or any agency thereof, in their 

individual capacity, where the 

Department of Justice has agreed to 

represent the employee, or (d) The 

United States or any agency thereof, 

where DOT determines that litigation 

likely to affect the United States, is a 

party to litigation or has an interest in 

such litigation, and the use of such 

records by the Department of Justice or 

other Federal agency conducting the 

litigation is deemed by DOT to be 

relevant and necessary in the litigation, 

provided, however, that in each case, 

DOT determines that disclosure of the 

records in the litigation is a use of the 

information contained in the records 

that is compatible with the purpose for 

which the records were collected. 

5b. Routine Use for Agency Disclosure 

in Other Proceedings. It shall be a 

routine use of records in this system to 

disclose them in proceedings before any 

court or adjudicative or administrative 

body before which DOT or any agency 

thereof appears when (a) DOT, or any 

agency thereof, or (b) Any employee of 

DOT or any agency thereof in their 

official capacity, or (c) Any employee of 

DOT or any agency thereof in their 

individual capacity where DOT has 

agreed to represent the employee, or (d) 

The United States or any agency thereof, 

where DOT determines that the 

proceeding is likely to affect the United 

States, is a party to the proceeding, or 

has an interest in such proceeding, and 

DOT determines that use of such 

records is relevant and necessary in the 

proceeding, provided, however, that in 

each case, DOT determines that 

disclosure of the records in the 

proceeding is a use of the information 

contained in the records that is 

compatible with the purpose for which 

the records were collected. 

6. The information contained in this 

system of records will be disclosed to 

the Office of Management and Budget, 

OMB in connection with the review of 

private relief legislation as set forth in 

OMB Circular No. A–19 at any stage of 

the legislative coordination and 

clearance process as set forth in that 

Circular. 

7. Disclosure may be made to a 

Congressional office from the record of 

an individual in response to an inquiry 

from the Congressional office made at 

the request of that individual. In such 

cases, however, the congressional office 

does not have greater rights to records 

than the individual. Thus, the 

disclosure may be withheld from 

delivery to the individual where the file 

contains investigative or actual 

information or other materials which are 

being used, or are expected to be used, 

to support prosecution or fines against 

the individual for violations of a statute, 

or of regulations of the Department 

based on statutory authority. No such 

limitations apply to records requested 

for Congressional oversight or legislative 

purposes; release is authorized under 49 

CFR 10.35(9). 

8. One or more records from a system 

of records may be disclosed routinely to 

the National Archives and Records 

Administration (NARA) in records 

management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

9. Routine Use for disclosure to the 

Coast Guard and to Transportation 

Security Administration. A record from 

this system of records may be disclosed 

as a routine use to the Coast Guard and 

to the Transportation Security 

Administration if information from this 

system was shared with either agency 

when that agency was a component of 

the Department of Transportation before 

its transfer to the Department of 

Homeland Security and such disclosure 

is necessary to accomplish a DOT, TSA 

or Coast Guard function related to this 

system of records. 

10. DOT may make available to 

another agency or instrumentality of any 

government jurisdiction, including State 

and local governments, listings of names 

from any system of records in DOT for 


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use in law enforcement activities, either 

civil or criminal, or to expose fraudulent 

claims, regardless of the stated purpose 

for the collection of the information in 

the system of records. These 

enforcement activities are generally 

referred to as matching programs 

because two lists of names are checked 

for match using automated assistance. 

This routine use is advisory in nature 

and does not offer unrestricted access to 

systems of records for such law 

enforcement and related antifraud 

activities. Each request will be 

considered on the basis of its purpose, 

merits, cost effectiveness and 

alternatives using Instructions on 

reporting computer matching programs 

to the Office of Management and 

Budget, OMB, Congress, and the public, 

published by the Director, OMB, dated 

September 20, 1989. 

11. It shall be a routine use of the 

information in any DOT system of 

records to provide to the Attorney 

General of the United States, or his/her 

designee, information indicating that a 

person meets any of the 

disqualifications for receipt, possession, 

shipment, or transport of a firearm 

under the Brady Handgun Violence 

Prevention Act. In case of a dispute 

concerning the validity of the 

information provided by DOT to the 

Attorney General, or his/her designee, it 

shall be a routine use of the information 

in any DOT system of records to make 

any disclosures of such information to 

the National Background Information 

Check System, established by the Brady 

Handgun Violence Prevention Act, as 

may be necessary to resolve such 

dispute. 

12a. DOT may disclose records from 

this system, as a routine use, to 

appropriate agencies, entities, and 

persons when: (1) DOT suspects or has 

confirmed that there has been a breach 

of the system of records; (2) DOT has 

determined that as a result of the 

suspected or confirmed breach there is 

a risk of harm to individuals, DOT 

(including its information systems, 

programs, and operations), the Federal 

Government, or national security; and 

(3) the disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DOT’s efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize or 

remedy such harm. 

12b. To another Federal agency or 

Federal entity, when DOT determines 

that information from this system of 

records is reasonably necessary to assist 

the recipient agency or entity in (1) 

responding to a suspected or confirmed 

breach or (2) preventing, minimizing, or 

remedying the risk of harm to 

individuals, the recipient agency or 

entity (including its information 

systems, programs, and operations), the 

Federal Government, or national 

security, resulting from a suspected or 

confirmed breach. 

13. DOT may disclose records from 

this system, as a routine use, to the 

Office of Government Information 

Services for the purpose of (a) resolving 

disputes between FOIA requesters and 

Federal agencies and (b) reviewing 

agencies policies, procedures and 

compliance in order to recommend 

policy changes to Congress and the 

President. 

14. DOT may disclose records from 

this system, as a routine use, to 

contractors and their agents, experts, 

consultants, and other performing or 

working on a contract, service, 

cooperative agreement, or other 

assignment for DOT, when necessary to 

accomplish an agency function related 

to this system of records. 

15. DOT may disclose records from 

this system, as a routine use, to an 

agency, organization or individual for 

the purpose of performing audit or 

oversight operations related to this 

system of records, but only such records 

as are necessary and relevant to the 

audit or oversight activity. This routine 

use does not apply to intra-agency 

sharing authorized under Section (b)(1) 

of the Privacy Act. 

16. DOT may disclose from this 

system, as a routine use, records 

consisting of, or relating to, terrorism 

information (6 U.S.C. 485(a)(5)), 

homeland security information (6 U.S.C. 

482(f)(1)), or Law enforcement 

information (Guideline 2 Report 

attached to White House Memorandum, 

‘‘Information Sharing Environment,’’ 

November 22, 2006) to a Federal, State, 

local, Tribal, Territorial, foreign 

government and/or multinational 

agency, either in response to its request 

or upon the initiative of the component 

for purposes of sharing such 

information as is necessary and relevant 

for the agencies to detect, prevent, 

disrupt, preempt, and mitigate the 

effects of terrorist activities against the 

territory, people and interests of the 

United States of America, as 

contemplated by the Intelligence Reform 

and Terrorism Prevention Act of 2004 

(Pub. L. 108–458) and Executive Order 

13388 (October 25, 2005). 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Records are initially stored 

electronically on a shared drive and 

then are migrated to CDMS, once the 

case is finalized. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

All records are primarily retrieved by 

personal identifiers, such as party name, 

docket number, or order number. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

The FAA is drafting a retention and 

disposition schedule for adjudicative 

records; currently all records retention 

schedules are pending. Unscheduled 

records are retained indefinitely 

pending the agency’s submission, and 

(National Archives and Records 

Administration) NARA’s approval, of a 

disposition schedule. FAA anticipates 

proposing to NARA the following 

retention periods: 

1. In-house administrative 

adjudication final orders and decisions 

are precedential, permanently retained, 

and transferred to NARA 15 years after 

the case closes. 

2. In-house adjudicative records, 

excluding final orders and decisions, in 

adjudications not appealed to and 

litigated in federal court are destroyed 5 

years after the case closes. 

3. In-house adjudicative records in 

adjudications appealed to and litigated 

in federal court are permanently 

retained, and transferred to NARA 15 

years after the case closes. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DOT FAA automated 

systems security and access policies. 

Strict controls have been imposed to 

minimize the risk of compromising the 

information that is being stored. Access 

to the computer system containing the 

records in this system is limited to 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

RECORD ACCESS PROCEDURES: 

Individuals seeking notification of 

whether this system of records contains 

information about them may contact the 

System Manager at the address provided 

in the section ‘‘System Manager’’. When 

seeking records about yourself from this 

system of records or any other 

Departmental system of records your 

request must conform to the Privacy Act 

regulations set forth in 49 CFR part 10. 

You must sign your request and your 

signature must either be notarized or 

submitted under 28 U.S.C. 1746, a law 

that permits statements to be made 

under penalty of perjury as a substitute 

for notarization. If your request is 


ddrumheller on DSK120RN23PROD with NOTICES1
78472 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

seeking records pertaining to another 

living individual, you must include a 

statement from that individual 

certifying his/her agreement for you to 

access his/her records. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Record Access Procedures’’ 

above. 

NOTIFICATION PROCEDURES: 

See ‘‘Record Access Procedures’’ 

above. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

None. 

Issued in Washington, DC. 

Karyn Gorman, 

Departmental Chief Privacy Officer. 

[FR Doc. 2023–24940 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 1041–N 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service 

(IRS), as part of its continuing effort to 

reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on information 

collections, as required by the 

Paperwork Reduction Act of 1995. The 

IRS is soliciting comments concerning 

U.S. Income Tax Return for Electing 

Alaska Native Settlement Trusts. 

DATES: Written comments should be 

received on or before January 16, 2024 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Andres Garcia, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW, Washington, DC 20224, or 

by email to pra.comments@irs.gov. 

Include ‘‘OMB Number 1545–1776— 

U.S. Income Tax Return for Electing 

Alaska Native Settlement Trusts’’ in the 

subject line of the message. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of this collection should be 

directed to Martha R. Brinson, at 

(202)317–5753, or at Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW, Washington, DC 20224, or 

through the internet at 

Martha.R.Brinson@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: U.S. Income Tax Return for 

Electing Alaska Native Settlement 

Trusts. 

OMB Number: 1545–1776. 

Form Number: 1041–N. 

Abstract: An Alaska Native 

Settlement Trust (ANST) may elect 

under section 646 to have the special 

income tax treatment of that section 

apply to the trust and its beneficiaries. 

This one-time election is made by filing 

Form 1041–N which is used by the 

ANST to report its income, etc., and to 

compute and pay any income tax. Form 

1041–N is also used for the special 

information reporting requirements that 

apply to ANSTs. 

Current Actions: IRS is revising Form 

1041–N, Part II, to allow the elective 

payment election amount to be entered 

from Form 3800. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

20. 

Estimated Time per Response: 39 

minutes. 

Estimated Total Annual Burden 

Hours: 788. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. Comments 

will be of public record. Comments are 

invited on: (a) whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information has practical utility; (b) the 

accuracy of the agency’s estimate of the 

burden of the collection of information; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; (d) ways to minimize the 

burden of the collection of information 

on or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: November 7, 2023. 

Martha R. Brinson, 

Tax Analyst. 

[FR Doc. 2023–25149 Filed 11–14–23; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 8881 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service 

(IRS), as part of its continuing effort to 

reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on information 

collections, as required by the 

Paperwork Reduction Act of 1995. The 

IRS is soliciting comments concerning 

the Form 8881—Credit for Small 

Employer Pension Plan Startup Costs, 

Auto-Enrollment, and Military Spouse 

Retirement Plan, as amended to include 

changes by the SECURE 2.0 Act. 

DATES: Written comments should be 

received on or before January 16, 2024 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Andres Garcia, Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW, Washington, DC 20224, or 

by email to pra.comments@irs.gov. 

Include ‘‘OMB Number 1545–1810— 

Form 8881—Credit for Small Employer 

Pension Plan Startup Costs, AutoEnrollment, and Military Spouse 

Retirement Plan’’ in the subject line of 

the message. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of this collection should be 

directed to Martha R. Brinson, at 

(202)317–5753, or at Internal Revenue 

Service, Room 6526, 1111 Constitution 

Avenue NW, Washington, DC 20224, or 

through the internet at 

Martha.R.Brinson@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Credit for Small Employer 

Pension Plan Startup Costs, AutoEnrollment, and Military Spouse 

Retirement Plan. 

OMB Number: 1545–1810. 

Form Number: 8881. 

Abstract: Qualified small employers 

use Form 8881 to claim a credit for startup costs and auto-enrollment 

arrangements related to eligible 

retirement plans. Form 8881 

implements section 45E of the Internal 


ddrumheller on DSK120RN23PROD with NOTICES1