52962 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations 

Environmental Review 

The FAA has determined that this 

action of revoking V–271 and amending 

V–285, due to the planned 

decommissioning of the VOR portion of 

the Manistee, MI, VOR/DME 

navigational aid, qualifies for categorical 

exclusion under the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) and its implementing 

regulations at 40 CFR part 1500, and in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, paragraph 5–6.5a, which 

categorically excludes from further 

environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. Accordingly, 

the FAA has determined that no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment or 

environmental impact study. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 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 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 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–271 [Removed] 

* * * * * 

V–285 [Amended] 

From Brickyard, IN; Kokomo, IN; Goshen, 

IN; INT Goshen 038° and Kalamazoo, MI, 

191° radials; Kalamazoo; INT Kalamazoo 

014° and Victory, MI, 167° radials; Victory; 

to White Cloud, MI. 

* * * * * 

Issued in Washington, DC, on September 

20, 2021. 

Michael R. Beckles, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–20730 Filed 9–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 705 

[Docket No. 210902–0177] 

RIN 0694–AI22 

Increasing Transparency of 232 

Investigations by Requiring a Public 

Submission for an Application for an 

Investigation 

AGENCY: Bureau of Industry and 

Security, U.S. Department of Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

regulations governing a request or 

application for an investigation under 

Section 232 of the Trade Expansion Act 

of 1962, as amended (‘‘Section 232’’). 

The changes in this final rule will 

increase the transparency of Section 232 

investigations by requiring the 

submission of a public version of an 

application for an investigation from an 

interested party. The changes made in 

this final rule still allow an interested 

party to submit classified national 

security information and/or business 

confidential information when 

submitting an application for an 

investigation. 

DATES: This final rule is effective 

September 24, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this final rule, 

contact Erika Maynard at 202–482–5572 

or via email Erika.Maynard@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule revises the 

requirements in §§ 705.5 (Request or 

application for an investigation) and 

705.6 (Confidential information) of the 

National Security Industrial Base 

Regulations (‘‘NSIBR’’) (15 CFR parts 

700 through 709) to increase the 

transparency of Section 232 

investigations by requiring an 

application for an investigation by an 

interested party be submitted publicly. 

Section 705.5 specifies the procedures 

for submitting a request or application 

for an investigation under Section 232. 

Section 705.6 specifies the requirements 

for the submission of confidential 

information (classified national security 

information or business confidential 

information) to the Bureau of Industry 

and Security (BIS) at any stage of a 

Section 232 investigation and as part of 

an application for an investigation from 

an interested party. In order to enhance 

transparency and aid public 

understanding of applications for 

Section 232 investigations submitted by 

interested parties, as well as, when 

warranted, allowing public comments 

on such applications (for example, 

when a Federal Register notice is 

published soliciting comments on an 

investigation), the Department of 

Commerce has determined that 

interested parties applying for a Section 

232 investigation that include business 

confidential information or classified 

national security information in their 

submission must simultaneously submit 

a public version of their application to 

BIS. 

In order to implement this change in 

the Section 232 investigation process, 

this final rule makes the following 

changes to part 705 of the NSIBR: 

In § 705.5, this final rule revises 

paragraph (a) by adding a sentence to 

require that an application for an 

investigation from an interested party 

containing business confidential 

information include a public version of 

the entire application in writing 

accompanying their submission. This 

final rule also adds a sentence to 

paragraph (a) to specify that the 

application, if it includes business 

confidential information submitted in 

confidence pursuant to § 705.6, must 

contain a public summary of the 

business confidential information 

providing sufficient detail to permit a 

reasonable understanding of the 

substance of the information, and, if 

summarization is not possible, the 

application must make that claim and 

accompany it by a full explanation of its 

basis. The revisions to paragraph (a) also 

include guidance on how to summarize 

Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations 52963 

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: (a)(1) (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 

(a)(1) 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 (a)(1) 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 (a)(1) 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 

(a)(2) 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 

of paragraph (a)(2) 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 (a)(1) of 

§ 705.6. The classified national security 

information described under paragraph 

(a)(1) of § 705.6 and the United States 

Government communications described 

under paragraph (a)(3) 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 (a)(3) 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 0694–0120). 

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 

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. 553(a)(1)). 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. 

553(b)(B) to waive the provisions of the 

APA requiring prior notice and the 

opportunity for public comment and 

under 5 U.S.C. 553(d)(3) 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 BIS’s 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 

52964 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 

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: 

PART 705—[AMENDED] 

■ 1. The authority citation for part 705 

continues to read as follows: 

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 

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 reason(s). 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. 

Note 1 to paragraph (a): Requests for an 

investigation from United States Government 

agencies need not include a public version. 

* * * * * 

■ 3. Section 705.6 is amended by 

revising paragraph (a) to read as follows: 

§ 705.6 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 H–1093, U.S. 

Department of Commerce, Washington, 

DC 20230. Any information or material 

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 (a)(1) 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. 

[FR Doc. 2021–20526 Filed 9–23–21; 8:45 am] 

BILLING CODE 3510–33–P