Contents of notice of intent to introduce restricted data or other national security information.

(a) A party who intends to introduce Restricted Data or other National Security Information shall file a notice of intent with the Secretary. The notice shall be unclassified and, to the extent consistent with classification requirements, shall include the following: (1) The subject matter of the Restricted Data or other National Security Information which it is anticipated will be involved; (2) The highest level of classification of the information (confidential, secret, or other); (3) The stage of the proceeding at which the party anticipates a need to introduce the information; and (4) The relevance and materiality of the information to the issues on the proceeding. (b) In the discretion of the presiding officer, such notice, when required by § 2.907(c), may be given orally on the record. [41 FR 53329, Dec. 6, 1976, as amended at 88 FR 57877, Aug. 24, 2023]