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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations
contained within the confidential version, and applicants need only redact/remove confidential information that meets the criteria in 15 CFR 705.6
and that the applicants wish to not disclose.
Because a notice of proposed rulemaking and an opportunity for prior public comment are not required for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.
List of Subjects in 15 CFR Part 705

sufficient detail to permit a reasonable understanding of the substance of the information. Generally, numerical data will be considered adequately summarized if grouped or presented in terms of indices or figures within 10
percent of the actual figure. If an individual portion of the numerical data is voluminous e.g., 5 pages of numerical data, at least one percent of the numerical data, representative of that portion, must be summarized. If the submitter claims that summarization is not possible, the claim must be accompanied by a full explanation of the reasons. In order to submit business confidential information that is not for public release or classified national security information as a separate submission to the U.S.
Department of Commerce, applicants must follow the procedures specified in 705.6.

Administrative practice and procedure, Business and industry, Classified information, Confidential business information, Imports, Investigations, National security.
For the reasons set forth in the preamble, part 705 of subchapter A of 15 CFR chapter VII is amended as follows:

Note 1 to paragraph a: Requests for an investigation from United States Government agencies need not include a public version.

PART 705AMENDED

3. Section 705.6 is amended by revising paragraph a to read as follows:

1. The authority citation for part 705
continues to read as follows:

705.6

Authority: Section 232 of the Trade Expansion Act of 1962, as amended 19
U.S.C. 1862 and Reorg. Plan No. 3 of 1979
44 FR 69273, December 3, 1979.

2. Section 705.5 is amended by revising paragraph a to read as follows:

705.5 Request or application for an investigation.

a A request or application for an investigation shall be in writing. The original, 1 copy and an electronic version of the report in the form of a Portable Document Format PDF file shall be filed with the Director, Office of Technology Evaluation, Room H
1093, U.S. Department of Commerce, Washington, DC 20230, with the PDF
version being submitted to DIBPrograms@bis.doc.gov. An application for an investigation from an interested party that includes information submitted in confidence in accordance with the procedures of 705.6 must also include a public version in written and electronic form containing all non-confidential information and public summaries of business confidential information as provided below. For persons seeking to submit business confidential information trade secrets, commercial or financial information, or any other information considered sensitive or privileged, the public version of the application must contain a summary of the business confidential information in
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Confidential information.

a This paragraph a specifies the requirements for submission of classified national security information, business confidential information, and the treatment of United States Government communications during an investigation under Section 232 of the Trade Expansion Act of 1962, as amended a Section 232
investigation, or as part of a request or application for an investigation.
1 Classified national security information. Any information or material, which the applicant or any other party desires to submit in confidence at any stage of the investigation or as part of an application for an investigation, that is classified national security information classified information within the meaning of Executive Order 13526 shall be marked and submitted to the Bureau of Industry and Security BIS in accordance with the guidelines set forth in 32 CFR part 2001 regarding the handling of classified information.
Before sending classified information, the applicant or any other party wishing to submit classified information must contact BIS for any additional handling instructions or submission requirements that may be applicable by contacting the Director, Office of Technology Evaluation, Room H1093, U.S.
Department of Commerce, Washington, DC 20230. Any information or material
PO 00000

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submitted that is identified as classified information must be accompanied at the time of submission by a statement indicating the degree of classification, the authority for the classification, and the identity of the classifying entity.
Classified national security information described in this paragraph a1 does not require a public version.
2 Business confidential information.
Any information or material submitted electronically, which the applicant or any other party desires to submit in confidence at any stage of the investigation or as part of an application for an investigation, that is business confidential information trade secrets, commercial or financial information, or any other information considered sensitive or privileged should be contained within a file beginning its name with the characters BC. Any page containing business confidential information must be clearly marked BUSINESS CONFIDENTIAL on the top of that page, and any pages not containing confidential information should not be so marked. By submitting information or material identified as business confidential information, the applicant or other party represents that the information is exempted from public disclosure, either by the Freedom of Information Act 5 U.S.C. 552 et seq. or by some other specific statutory exemption. Any request for business confidential treatment must be accompanied at the time of filing by a statement justifying non-disclosure and referring to the specific legal authority claimed. The public summary version required under 705.5 must be clearly marked PUBLIC. When submitted electronically, the file name of the nonconfidential version should begin with the character P. The P should be followed by the name of the person or entity submitting the information or material. All filers should name their files using the name of the person or entity submitting the comments.
3 United States Government communications. Communications from agencies of the United States Government, including but not limited to requests for investigation submitted pursuant to 705.5, will generally not be made available to the public.

Matthew S. Borman, Deputy Assistant Secretary for Export Administration.
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