81344 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

(2) Paragraph (3) of EASA AD 2023–0099 

specifies revising ‘‘the approved AMP 

[aircraft maintenance program]’’ within 12 

months after its effective date, but this AD 

requires revising the existing maintenance or 

inspection program, as applicable, within 90 

days after the effective date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2023–0099 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0099, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) This AD does not adopt the provisions 

specified in paragraphs (4) and (5) of EASA 

AD 2023–0099. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0099. 

(l) New Provisions for Alternative Actions 

and Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (j) of this AD, no 

alternative actions (e.g., inspections), and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0099. 

(m) Terminating Action for Certain 

Requirements in AD 2010–26–05 

Accomplishing the actions required by 

paragraphs (g) or (j) of this AD terminates the 

requirements of paragraph (g) of AD 2010– 

26–05 for Model FALCON 2000 airplanes 

only. 

(n) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (o) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Dassault 

Aviation’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(o) Additional Information 

For more information about this AD, 

contact Tom Rodriguez, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3226; email tom.rodriguez@faa.gov. 

(p) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on December 27, 2023. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0099, dated May 11, 2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on April 18, 2023 (88 FR 

15607, March 14, 2023). 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0135, dated July 6, 2022. 

(ii) [Reserved] 

(5) For EASA ADs 2023–0099 and 2022– 

0135, contact EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find these 

EASA ADs on the EASA website at 

ad.easa.europa.eu. 

(6) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(7) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on November 16, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–25832 Filed 11–21–23; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL LABOR RELATIONS 

BOARD 

29 CFR Part 103 

RIN 3142–AA21 

Standard for Determining Joint 

Employer Status 

AGENCY: National Labor Relations 

Board. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On October 27, 2023, the 

National Labor Relations Board (Board) 

published a final rule rescinding and 

replacing its rule regarding the standard 

for determining joint employer status 

under the National Labor Relations Act. 

The Board hereby amends that rule to 

change the effective date from December 

26, 2023, to February 26, 2024. The 

purpose of this amendment is to 

facilitate the resolution of the legal 

challenges with respect to the rule. 

DATES: The effective date of the final 

rule amending 29 CFR part 103 

published at 88 FR 73946, October 27, 

2023, is delayed from December 26, 

2023, to February 26, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Roxanne L. Rothschild, Executive 

Secretary, National Labor Relations 

Board, 1015 Half St. SE, Washington, 

DC 20570–0001, (202) 273–1940 (this is 

not a toll-free number) or 1–844–762– 

NLRB (6572) (this is a toll-free number). 

Hearing impaired callers who wish to 

speak to an NLRB representative should 

contact T-Mobile Relay Conference 

Captioning by visiting its website at 

https://www.tmobileaccess.com/federal 

and submitting a form asking its 

Communications Assistant to call our 

toll free number at 1–844–762–NLRB 

(6572). 

SUPPLEMENTARY INFORMATION: On 

October 27, 2023, the National Labor 

Relations Board published a final rule 

rescinding and replacing the final rule 

entitled ‘‘Joint Employer Status Under 

the National Labor Relations Act,’’ 

which was published on February 26, 

2020, and took effect on April 27, 2020. 

The final rule establishes a new 

standard for determining whether two 

employers, as defined in the Act, are 

joint employers of particular employees 

within the meaning of the Act. The 

Board believes that this rule will more 

explicitly ground the joint-employer 

standard in established common-law 

agency principles and provide guidance 

to parties covered by the Act regarding 

their rights and responsibilities when 

more than one statutory employer 

possesses the authority to control or 

exercises the power to control particular 

employees’ essential terms and 

conditions of employment. Under the 

final rule, an entity may be considered 

a joint employer of another employer’s 

employees if the two share or 

codetermine the employees’ essential 

terms and conditions of employment. 

On November 6, 2023, a petition for 

review of the final rule was filed in the 

United States Court of Appeals for the 

District of Columbia Circuit. Service 

Employees International Union v. 

NLRB, No. 23–1309 (D.C. Cir.). Then, on 

November 19, 2023, a challenge to the 

final rule was filed in the U.S. District 

Court for the Eastern District of Texas. 

Chamber of Commerce of the United 

States of America, et. al v. NLRB, No. 

6:23–cv–00553 (E.D. Tex.). The Board 

has determined that postponing the 

effective date of the rule would facilitate 

the resolution of the legal challenges 

that have been filed with respect to the 


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Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81345 

1Reporting companies will not use the FinCEN 

identifier application to request a FinCEN identifier 

but instead will request a FinCEN identifier when 

they submit a BOI report. 2 31 U.S.C. 5337(c)(2). 

rule. 5 U.S.C. 705. Accordingly, the 

Board has decided to change the 

effective date of the rule from December 

26, 2023 to February 26, 2024. 

Dated: November 17, 2023. 

Roxanne L. Rothschild, 

Executive Secretary. 

[FR Doc. 2023–25803 Filed 11–21–23; 8:45 am] 

BILLING CODE 7545–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

RIN 1506–AB63 

Privacy Act of 1974; Exemptions 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, Treasury is issuing a final 

rule, exempting a new system of 

records, entitled ‘‘FinCEN .004— 

Beneficial Ownership Information 

System,’’ from certain provisions of the 

Privacy Act. The Beneficial Ownership 

Information (BOI) System is being 

established to implement the beneficial 

ownership information reporting and 

access requirements set out in the 

Corporate Transparency Act (CTA), 

which was enacted on January 1, 2021, 

as part of the Anti-Money Laundering 

Act of 2020. The exemptions are 

intended to increase the value of the 

system for law enforcement purposes 

and to comply with the CTA’s 

prohibitions against unauthorized 

disclosure of certain information. 

DATES: This rule is effective January 1, 

2024. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this document and 

privacy issues, contact: Ryan Law, 

Deputy Assistant Secretary for Privacy, 

Transparency, and Records at U.S. 

Department of the Treasury, 1500 

Pennsylvania Avenue NW, Washington, 

DC 20220; telephone: (202) 622–5710. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 14, 2023, Treasury 

published a notice of proposed 

rulemaking (the ‘‘NPRM’’) in the 

Federal Register, 88 FR 63039, 

proposing to exempt a system of 

records, FinCEN .004—Beneficial 

Ownership Information System (the 

‘‘BOI System’’), from provisions of the 

Privacy Act. Pursuant to the CTA, 

starting on January 1, 2024, FinCEN will 

use the BOI System to maintain BOI 

submitted to FinCEN by certain 

corporations, limited liability 

companies, and other entities created in 

or registered to do business in the 

United States (‘‘reporting companies’’). 

BOI includes identifying information 

associated with the reporting companies 

themselves, their beneficial owners, and 

their company applicants. The BOI 

System will also maintain information 

about individuals who apply to FinCEN 

for FinCEN identifiers, which beneficial 

owners and company applicants will be 

able to use in lieu of the information 

required to be reported about them by 

reporting companies.1 Information 

provided to FinCEN to obtain a FinCEN 

identifier will be disclosed to 

authorized recipients for authorized 

purposes in the same way and to the 

same extent as BOI. The CTA authorizes 

FinCEN to disclose BOI to five 

categories of authorized recipients that 

include foreign and domestic law 

enforcement agencies, but do not 

include beneficial owners, company 

applicants, or individuals who have 

obtained FinCEN identifiers. 

The Privacy Act contains certain 

requirements regarding the maintenance 

and disclosure of a system of records. 

Those requirements may differ from, or 

conflict with, the comprehensive 

requirements for maintaining and 

disclosing BOI specified in the CTA. In 

any case where the CTA conflicts with 

the Privacy Act, FinCEN believes that 

the more detailed, specific provisions of 

the CTA supersede any contrary 

provisions in the Privacy Act. 

Nevertheless, to the extent certain 

provisions of the Privacy Act were to 

apply, and without conceding that they 

do, Treasury is publishing this final rule 

pursuant to 5 U.S.C. 552a(j) and (k), to 

exempt the BOI System from those 

provisions. 

Under 5 U.S.C. 552a(j)(2), the head of 

a Federal agency may promulgate rules 

to exempt a system of records from 

certain provisions of 5 U.S.C. 552a if the 

system of records is maintained by an 

agency or component thereof that 

performs as its principal function any 

activity pertaining to the enforcement of 

criminal laws, including police efforts 

to prevent, control, or reduce crime or 

to apprehend criminals, and the 

activities of prosecutors, courts, 

correctional, probation, pardon, or 

parole authorities and which consists of 

(a) information compiled for the 

purpose of identifying individual 

criminal offenders and alleged offenders 

and consisting only of identifying data 

and notations of arrests, the nature and 

disposition of criminal charges, 

sentencing, confinement, release, and 

parole and probation status; (b) 

information compiled for the purpose of 

a criminal investigation, including 

reports of informants and investigators, 

and associated with an identifiable 

individual; or (c) reports identifiable to 

an individual compiled at any stage of 

the process of enforcement of the 

criminal laws from arrest or indictment 

through release from supervision. 

Under 5 U.S.C. 552a(k)(2), the head of 

a Federal agency may promulgate rules 

to exempt a system of records from 

certain provisions of 5 U.S.C. 552a if the 

system of records is ‘‘investigatory 

material compiled for law enforcement 

purposes, other than material within the 

scope of subsection (j)(2) of this 

section.’’ 

The reasons for exempting the BOI 

System from sections (c)(3), (c)(4), 

(d)(1), (d)(2), (d)(3), (d)(4), (e)(1), (e)(2), 

(e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f), and 

(g) of the Privacy Act are as follows: 

(1) 5 U.S.C. 552a(d)(1), (e)(4)(H) and 

(f)(2), (f)(3), and (f)(5) grant individuals 

access to records containing information 

about them. An exemption from these 

provisions is appropriate because the 

CTA prohibits FinCEN from disclosing 

BOI except to five categories of 

authorized recipients; 2 these categories 

do not include beneficial owners, 

company applicants, or individuals who 

have obtained FinCEN identifiers. 

Because individuals who are the subject 

of the records in the BOI System are not 

included in any of those categories, the 

application of 5 U.S.C. 552a(d)(1), 

(e)(4)(H) and (f)(2), (f)(3), and (f)(5) to 

the BOI System would contravene the 

CTA’s disclosure restrictions. 

(2) 5 U.S.C. 552a(e)(4)(G) and (f)(1) 

enable individuals to inquire whether a 

system of records contains records about 

them. An exemption from these 

provisions is appropriate because 

allowing individuals involved in illegal 

activity to learn that FinCEN has 

information concerning those 

individuals that could lead to them 

being identified for investigation could 

undercut the CTA mandate that the BOI 

System be ‘‘highly useful’’ to law 

enforcement agencies. For instance, 

such notice could prompt individuals 

engaged in illegal activity to: (a) take 

steps to avoid detection; (b) begin, 

continue, or resume illegal conduct 

upon learning that they are not 

identified in the system of records; or (c) 


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