Title 35, United States Code, section 209, requires that any plan submitted pursuant to Sec. 404.8(h) and any report required by Sec. 404.5(b)(6) shall be treated as commercial or financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of Title 5 of the United States Code. [71 FR 11514, Mar. 8, 2006]