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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations the information in sufficient detail to meet these additional requirements.
This final rule adds a new cross reference to 705.6 to alert the public that in order to submit business confidential information that is not for public release, the applicant must follow the procedures in 705.6, including by making a separate submission to the Department of Commerce for the public and confidential versions. Lastly, this final rule also adds a new note to paragraph a, explaining that United States Government agencies shall be excluded from the requirement to include public versions of submissions. This rule also codifies the existing practice that an electronic copy of the application be submitted with the printed application.
In 705.6 Confidential information, this final rule adds three new paragraphs: a1 Classified national security information, 2 Business confidential information and 3
United States Government communication. The revised paragraph a specifies the requirements for submissions and treatment of these three types of confidential information, including how submissions by the public should be marked and submitted when they include confidential information.
The classified national security information described under paragraph a1 of 705.6 will not be made publicly available and therefore does not require a public version. As a conforming change, this final rule revises existing text previously found in paragraph a of 705.6, which is now being moved to paragraph a1 of 705.6, regarding the identification and marking standards for national security information. Inadvertently, this text was not previously updated to reflect identification and marking standards set forth in 32 CFR part 2001, even though BIS has been complying with the requirements in 32 CFR part 2001 and requiring submitters to comply with those requirements, as applicable, since at least 2010. These revisions explicitly align paragraph a1 of 705.6 with the requirements set forth in 32 CFR part 2001. These changes will also improve public understanding of these provisions and clarify the requirements for submitting classified national security information pursuant to 705.6. If an applicant or other party submits business confidential information as described in paragraph a2 of 705.6, it will now be required to submit a public version of that information based on the changes this rule makes to 705.5 and 705.6. This final rule also adds a sentence at the end
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of paragraph a2 of 705.6 to specify that the public summary required under 705.5 must be clearly marked PUBLIC as part of the submission described under paragraph a1 of 705.6. The classified national security information described under paragraph a1 of 705.6 and the United States Government communications described under paragraph a3 of 705.6 will not be made publicly available and therefore do not require a public version. Lastly, this final rule also adds a new paragraph a3 to clarify the treatment of communication from the United States Government involving Section 232 investigations, including requests for the initiation of investigations received from U.S.
Government agencies. This paragraph clarifies for the public that communication from agencies of the United States Government will generally not be made available to the public.
Rulemaking Requirements 1. Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866.
2. The Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq. PRA
provides that an agency generally cannot conduct or sponsor a collection of information, and no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, unless that collection has obtained Office of Management and Budget OMB
approval and displays a currently valid OMB Control Number.
This final regulation involves one collection currently approved by OMB
with the following control number Request for Investigation under section 232 of the Trade Expansion Act control number 06940120.
This rule is not expected to increase the burden hours for any of the collections associated with this rule as minimal changes are anticipated. Any comments regarding this collection of information, including suggestions for reducing the burden, may be submitted
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online at https www.reginfo.gov/
public/do/PRAMain. Find the particular information collection by using the search function and entering either the title of the collection or the OMB
Control Number.
3. This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act APA 5
U.S.C. 553 requiring notice of proposed rulemaking, the opportunity for public comment, and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. See 5
U.S.C. 553a1. The Section 232
investigation process is important for identifying areas where the United States defense industrial base is undermined to the detriment of national security. Improving efficiency and transparency of this process is important for those regulatory provisions to achieve their stated purpose.
In addition, the Department finds that there is good cause under 5 U.S.C.
553bB to waive the provisions of the APA requiring prior notice and the opportunity for public comment and under 5 U.S.C. 553d3 to waive the delay in effective date because such delays would be contrary to the public interest. The changes in this rule will increase transparency of Section 232
investigations by requiring a public submission for an application for an investigation from an interested party.
These changes will improve public transparency of the Section 232
investigation process, while imposing only a minimal burden on those submitting an application for an investigation to the Department. Based on BISs past experience, including in the recent Section 232 investigations into imports of uranium, titanium sponge, and mobile cranes, most of the applicants each published their own public versions of their applications for an investigation with business confidential information redacted/
removed roughly contemporaneously with their submission of their applications to the Department of Commerce. Therefore, complying with the requirement to include a public version should not be burdensome for the clear majority of applicants because they have already taken the initiative to share a public version. For any other applicant who does not prepare public versions of their submissions as a matter of course, the new requirements is minimal; the information required to generate the public version is already
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