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Proposed Rule2024-01930

Clarifications and Updates to Defense Priorities and Allocations System Regulation

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Published

February 7, 2024

Issuing agencies

Commerce DepartmentIndustry and Security Bureau

Abstract

This proposed rule would amend the Bureau of Industry and Security's (BIS) Defense Priorities and Allocations System (DPAS) regulation by providing administrative changes to well-established standards and procedures. This proposed rule would: clarify existing standards and procedures by which BIS may provide Special Priorities Assistance (SPA); revise Schedule I to provide transparency and differentiation between other departments' priorities jurisdiction and the Department of Commerce's jurisdiction; and provide technical edits to reflect certain non-substantive updates since the DPAS regulation was last amended in 2014, including providing updated contact information, legal citations, and definitions.

Full Text

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<title>Federal Register, Volume 89 Issue 26 (Wednesday, February 7, 2024)</title>
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[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Proposed Rules]
[Pages 8363-8377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01930]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 700

[Docket No. 240108-0002]
RIN 0694-AJ15

Clarifications and Updates to Defense Priorities and Allocations
System Regulation

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend the Bureau of Industry and
Security's (BIS) Defense Priorities and Allocations System (DPAS)
regulation by providing administrative changes to well-established
standards and procedures. This proposed rule would: clarify existing
standards and procedures by which BIS may provide Special Priorities
Assistance (SPA); revise Schedule I to provide transparency and
differentiation between other departments' priorities jurisdiction and
the Department of Commerce's jurisdiction; and provide technical edits
to reflect certain non-substantive updates since the DPAS regulation
was last amended in 2014, including providing updated contact
information, legal citations, and definitions.

DATES: Comments on this proposed rule must be received by BIS by no
later than March 8, 2024.

ADDRESSES: Comments on this proposed rule may be submitted to the
Federal rulemaking portal (<a href="http://www.regulations.gov">www.regulations.gov</a>). The <a href="http://regulations.gov">regulations.gov</a> ID
for this rule is: BIS-2024-0002. Please refer to RIN 0694-AJ15 in all
comments. Anyone submitting business confidential information should
clearly identify any business confidential portion of a comment at the
time of submission, file a statement justifying nondisclosure and
referring to the specific legal authority claimed, and provide a non-
confidential version of the submission.
For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin

[[Page 8364]]

with the character ``P.'' Any submissions with file names that do not
begin with either a ``BC'' or a ``P'' will be assumed to be public and
will be made publicly available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Katie Reid at (202) 482-3634,
<a href="/cdn-cgi/l/email-protection#387c68796b785a514b165c575b165f574e">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Background

This proposed rule would update the priorities and allocations
provisions set forth in the Defense Priorities and Allocations System
(DPAS) regulation (15 CFR part 700) and implemented by the Department
of Commerce (DOC), Bureau of Industry and Security (BIS) consistent
with its authorities under Title I of the Defense Production Act of
1950, as amended (50 U.S.C. 4501 et seq.) (DPA), as delegated by
Executive Order 13603 (March 16, 2012).
The DPAS has two principal components, priorities and allocations.
Under the priorities component, certain contracts between the
government and private parties or between private parties for the
production or delivery of industrial resources are required to be given
priority over other contracts to facilitate expedited delivery in
promotion of the U.S. national defense. Under the allocations
component, materials, services, and facilities may be allocated to
promote the national defense. For both components, the term ``national
defense'' means programs for military and energy production or
construction, homeland security, stockpiling, space, emergency
preparedness, critical infrastructure protection and restoration, and
any directly related activity. The term also includes military and
critical infrastructure assistance to any foreign nation.

Section-by-Section Analysis of the Clarifications and Updates That This
Proposed Rule Would Make to the Existing DPAS Regulation

The following discussion explains the changes that this proposed
rule would make to the existing DPAS regulation.

Subpart A--Purpose

Section 700.1--Purpose of this part. This section would add the
legal citation for the DPA and update the legal citation for the Robert
T. Stafford Disaster Relief Emergency Assistance Act. This rule would
also make minor changes to the language to be consistent with the DPA
and Executive Order (E.O.) 13603.

Subpart B--Overview

Section 700.2--Introduction. This section would change reference to
``industrial items'' to ``industrial resources'' in paragraph (b) in
order to use the term ``industrial resources'' defined in Sec. 700.8.
Paragraph (c) would be revised to highlight that the DOC is also listed
as an agency in Schedule I and the reason why. BIS believes that the
additional information would provide a more complete description of
Schedule I.
Section 700.3--Priority ratings and rated orders. This section
would add in paragraph (a) references to the rating symbol to conform
with the current definition of priority rating in section 700.8 as well
as a description of a rating symbol. BIS would make these changes so
that paragraph (a) will give a more complete description of a priority
rating. It also revises paragraph (d) of this section by changing
``items'' to ``industrial resources'' in order to use the term
``industrial resources'' defined in section 700.8.

Subpart C--Definitions

Section 700.8--Definitions. This section would update the legal
citation for the DPA found in the definition of ``Defense Production
Act.'' It would update the legal citation for the Stafford Act found in
the definitions of ``national defense'' and ``Stafford Act,'' and it
would update the legal citation for the Selective Service Act found in
the definition of ``Selective Service Act.'' Both the definition of
``approved program'' and ``priorities authority'' are proposed for
updates in order to be consistent with the language of the DPA and E.O.
13603. It would also update the definition of ``priority rating'' to
provide clarity that the DOC may assign the priority rating, which is
consistent with 15 CFR part 700. It would remove the definition of
``item'' and update the definition of ``industrial resources'' to
clarify and be consistent with the use of both terms in 15 CFR part
700. This section would include the definitions of ``facilities,''
``materials,'' and ``services'' to provide clarity and be consistent
with the DPA. It would also provide a definition for ``determination
department'' and ``resources department'' to provide clarity and be
consistent with sections 201 and 202 of E.O. 13603 and other priorities
and allocations regulations. It would also make non-substantiative
changes by adding a comma after ``administrative subpoenas'' in the
definition of official action and a comma after ``chemicals'' in the
definition of ``maintenance and repair and/or operating supplies
(MRO).''

Subpart D--Industrial Priorities

Section 700.10--Authority. This section would revise the last
sentence of paragraph (c)(1), to provide clarity on what the provisions
of 15 CFR part 700 are not applicable to by removing ``those other
items which include''. This change is to be consistent with the use of
``item'' in 15 CFR part 700.
Section 700.11--Priority ratings. This section would make a non-
substantive change in paragraph (a)(1) by moving the period inside the
quotation. It would also capitalize the word ``schedule'' in paragraph
(b) as this word references Schedule I, a specific part of 15 CFR part
700, which is capitalized throughout 15 CFR part 700. It would also
clarify the explanation of what ``A7'' signifies to be consistent with
Schedule I. This section would update paragraph (c) by replacing
reference to the ``C2'' program identification symbol with ``A7'' in
order to refer to the program identification symbol later referenced as
an example of a priority rating in this paragraph.
Section 700.12--Elements of a rated order. This section would
replace the example that refers to a ``DX-A4'' priority rating, which
is not currently in use, with a reference to a ``DX-A2'' priority
rating, which is more commonly used, in paragraph (a)(1). It would also
revise paragraph (a)(4) by changing the word ``regulations'' to
``regulation'' to be consistent with the use of the word when
referencing 15 CFR part 700.
Section 700.13--Acceptance and rejection of rated orders. This
section would replace the brackets with parentheses in paragraph (c)(5)
to be consistent with other sections of 15 CFR part 700. It would add
``(1)'' in between ``one'' and ``working day'' in paragraph (d)(3) to
be consistent with other parts of this section.
Section 700.14--Preferential scheduling. This section would revise
the ``Examples'' by changing ``June 2'' to ``June 3'' so that the fact
pattern makes sense.
Section 700.15--Extension of priority ratings. This section would
revise paragraphs (a), (b), and (c) by changing ``items'' to
``industrial resources'' to clarify the type of resource covered by the
extension of priority ratings provision. It would also revise paragraph
(a) by adding a pinpoint citation to section 700.17 to add clarity as
to which section of 15 CFR part 700 is being referenced. This section
would insert language in paragraphs (a) and (b) to clarify that all
four required elements

[[Page 8365]]

of a rated order outlined in section 700.12 must be included on each
successive order placed to fulfill a rated order. It would also insert
language in the ``Example'' to clarify that a ``DO-A3'' is a priority
rating on a rated order.
Section 700.16--Changes or cancellations of priority ratings and
rated orders. This section would make one non-substantive change to
paragraph (b) by removing the comma after ``DO''.
Section 700.17--Use of rated orders. This section would clarify in
paragraph (a)(4) that a ``DO-A3'' and ``DO-H7'' are a priority rating
on a rated order. This section would update paragraph (b)(1) by adding
the spelling of ``90'' and parentheses around ``90'' to be consistent
with other sections of 15 CFR part 700. This section would revise
paragraph (d)(1)(ii) by changing the word ``regulations'' to
``regulation'' to be consistent with the use of the word when
referencing 15 CFR part 700. This section would change the value of
$75,000 listed in paragraph (f) to $125,000. This change would be made
to conform with the changes to the Simplified Acquisition Threshold
(SAT) value made under the National Defense Authorization Act for
Fiscal Year 2018 (Pub. L. 115-91), which raised the SAT from $150,000
to $250,000. As a result of the SAT increase, U.S. firms are not
required to place a priority rating on an order less than $125,000
(one-half of the revised SAT of $250,000), as this amount is greater
than $75,000. BIS posted a notice to its website notifying the public
of the change in the SAT after it was raised by statute, but is making
the change in the regulation itself with this update.
Section 700.18--Limitations on placing rated orders. This section
would change the cross reference of section 700.41 found in paragraph
(a)(2)(iii) and paragraph (a)(2)(iv)(B) to section 700.51, which is the
correct cross reference. It would also make a non-substantive change by
adding a comma after ``expansion'' in paragraph (a)(2)(iv)(A).

Subpart E--Industrial Priorities for Energy Programs

Section 700.21--Application for priority rating authority. This
section would update the contact information for the Department of
Energy.

Subpart F--Allocations Actions

Section 700.31--General Procedures. This section would make one
non-substantive change in paragraph (f). ``Allocations'' would be made
singular to instead state ``allocation'' to be consistent with the
definition of ``allocation order'' in section 700.8.
Section 700.33--Types of allocations orders. This section would
make one non-substantive change in the heading of this section and the
first paragraph. ``Allocations'' would be made singular to instead
state ``allocation'' to be consistent with the definition of
``allocation order'' in section 700.8.
Section 700.34--Elements of an allocation order. This section would
make four non-substantive changes. In paragraph (a)(1), a comma would
be added after ``DO rated orders.'' In paragraph (b)(1), the word
``regulations'' would be changed to ``regulation'' to be consistent
with the use of the word when referencing 15 CFR part 700. In paragraph
(c), ``that gives'' would be changed to ``issued by.'' In paragraph
(c)(1), the word ``regulations'' would be changed to ``regulation'' to
be consistent with the use of the word when referencing 15 CFR part
700.

Subpart H--Special Priorities Assistance

Section 700.50--General Provisions. This section would re-organize
paragraph (a) to include two paragraphs in order to provide clarity as
to when special priorities assistance should be sought from the DOC or
the Delegate Agency. This section would change the word ``can'' to
``may'' in the first sentence of paragraph (b) to be consistent with
the use of the word ``may'' in other sections of 15 CFR part 700. It
would also change paragraph (c) to clarify special priorities
assistance can be sought from the DOC to be consistent with other
sections of 15 CFR part 700. This section would capitalize ``appendix''
in paragraph (c) as this word references Appendix I, a specific part of
15 CFR part 700. This section would also include a website reference to
FORM BIS-999 in paragraph (c).
Section 700.51--Requests for priority rating authority. This
section would add a new paragraph as paragraph (b) to clarify what a
person should do if they do not have priority rating authority under
this part and would like to request priority rating authority to be
consistent with current practice and requirements under E.O. 13603. As
a result of this additional paragraph, this section would change
paragraph (b) to paragraph (c) and paragraph (c) to paragraph (d). This
section would clarify how to request priority rating authority for
production and construction equipment from Delegate Agencies and the
DOC in paragraph (c)(1) to be consistent with the delegations issued to
the Delegate Agencies. This section would include the phrase ``or those
authorized by the DOC to priority rate the prime contract'' in
paragraph (d)(1) and would remove reference to the ``Delegate Agency''
in paragraph (d)(2) to take into account that sponsorship may be
obtained from sources other than just the Delegate Agencies. This
section would clarify in paragraph (d)(4) that ``Commerce'' is
referencing the ``Department of Commerce.''
Section 700.52--Examples of assistance. This section would
emphasize in paragraph (a) that special priorities assistance is in
support of an approved program and would insert cross references on how
to request a determination from the appropriate Determination
Department that a request is necessary or appropriate to promote the
national defense, consistent with the DPA and E.O. 13603. This section
would also add paragraph (3) to paragraph (a) to list another situation
in which special priorities assistance is usually provided.
Section 700.53--Criteria for assistance. This section would add
``Determination Department'' to the list of agencies that require
timely requests to be consistent with E.O. 13603.
Section 700.54--Instances where assistance will not be provided.
This section would add ``Determination Departments'' in the list of
agencies that have input on special priorities assistance requests to
be consistent with E.O. 13603.
Section 700.55--Homeland security, emergency preparedness, and
critical infrastructure protection and restoration assistance programs
within the United States. This section would change the title of this
section to ``Requests for determination that program within the United
States is necessary or appropriate to promote the national defense''.
The information originally in this section would be made into a new
paragraph (a). This section would clarify what types of requests should
be submitted to the Federal Emergency Management Agency (FEMA) to be
consistent with E.O. 13603. This section would update the contact
information for FEMA's Office of Policy and Program Analysis in
paragraph (a). This section would create paragraph (b) to provide
information on requesting a determination from the Department of
Defense (DOD) to be consistent with E.O. 13603. Paragraph (c) would be
created to provide information on requesting a determination from the
Department of Energy (DOE).
Section 700.56--Military assistance programs with Canada. This
section would update the contact information, including the name of the
agency, for the Government of Canada. It would clarify in paragraph (g)
that requests for

[[Page 8366]]

assistance in obtaining items in Canada must submit a request to the
Office of Strategic Industries and Economic Security. This would
provide clarity that while these requests may go through the Delegate
Agency, it is not required.
Section 700.57--Military assistance programs with other nations and
international organizations. This section would revise information
regarding the list of countries that are signatory to a bilateral
security of supply arrangement with the DOD in paragraphs (a) and (c).
The revision would add Denmark, Israel, Japan, Latvia, and Norway to
the list of countries that are signatory to a bilateral security of
supply arrangement with the DOD. It would also provide the DOD website
for up-to-date information on the security of supply arrangements,
including the current list of foreign nations that are signatories to
the bilateral security of supply arrangements with the DOD. This change
is needed as the list of foreign nations that are signatories to
bilateral security of supply arrangements with the DOD has updated to
include Denmark, Israel, Japan, Latvia, and Norway, and it is expected
that this list will continually be updated. This section would also
update the DOD contact information in paragraph (b) and paragraph (c).
This section would move the last sentence of paragraph (2) to a new
paragraph (3) so that the information provided in this sentence is not
lost as it is different from the information provided in paragraph (2).
Section 700.58--Critical infrastructure assistance programs to
foreign nations and international organizations. This section would
make a non-substantive change in paragraph (a) to add a comma after
``for example.'' It would update paragraph (b) by re-organizing the
information into two paragraphs. This section would clarify in the new
paragraph (b)(1) that requests for assistance should be submitted on
Form BIS-999 to be consistent with other types of special priorities
assistance requests. This section would clarify in the new paragraph
(b)(2) what the request to FEMA is for to be consistent with E.O.
13603. It would also update the contact information for FEMA's Office
of Policy and Program Analysis.

Subpart I--Official Actions

Section 700.61--Rating authorizations. This section would clarify
in paragraph (a)(1) that a rating authorization permits a person to
place a priority rating on an order for an item which, for example, can
include an item not normally ratable under this regulation. This
clarification would be consistent with the clarifications made in
section 700.51 and section 700.52.
Section 700.63--Letters of Understanding. This section would change
``which'' to ``that'' in paragraph (a) as well as revise information in
the parentheses to add ``e.g.,'' and remove ``and'' to clarify this is
an example list of parties. It would also add ``Determination
Department'' to the example list of parties.

Subpart J--Compliance

Section 700.70--General provisions. This section would remove
specific penalties information for violating the DPA, and instead
directly reference the penalties' sections within the DPA.
Section 700.71--Audits and investigations. This section would make
one non-substantive change to paragraph (a). A comma after ``other
writings'' would be added.
Section 700.74--Violations, penalties, and remedies. This section
would remove specific penalties information for violating the DPA in
paragraph (a), and instead directly reference the penalties sections of
the DPA. It would also change the word ``Sections'' in paragraph (a) to
``sections'' as this word references sections of the DPA, which begins
with a lower case ``s'' throughout 15 CFR part 700. This section would
change ``also, for example'' to ``e.g.,'' in paragraph (c) to be
consistent with how 15 CFR part 700 refers to examples.

Subpart K--Adjustments, Exceptions, and Appeals

Section 700.80--Adjustments or exceptions. This section would make
one non-substantive change to paragraph (c). The number ``25'' would be
moved behind the word ``twenty-five'' and put in parentheses, and the
parentheses would be removed around the word ``twenty-five''. This
proposed change is to be consistent with other sections of 15 CFR part
700.
Section 700.81--Appeals. This section would make one non-
substantive change to paragraph (b). In both sentences, the number
``45'' would be put in parentheses and the word ``forty-five'' would be
added. This proposed change is to be consistent with other sections of
15 CFR part 700.

Subpart L--Miscellaneous Provisions

Section 700.93--Communications. This section would make one non-
substantive change by moving ``and'' to after ``explanatory
information,''. It would add the address of the Office of Strategic
Industries and Economic Security. It would also add ``special'' in
front of ``priorities assistance'' in the last paragraph to be
consistent with this part.

Schedule I to Part 700--Approved Programs and Delegate Agencies

This section would revise the first paragraph to clarify that
Schedule I is a list of approved programs, which is a defined term in
section 700.8. A sentence would be added that also clarifies that use
of the authority under 15 CFR part 700 requires written authorization
by the DOC to be consistent with other sections of 15 CFR part 700. It
would also move footnote 2 to the end of the first paragraph and adds a
cross reference to section 700.50 for additional information.
This section would update the description of the ``A2'' program
identification symbol from ``Missile'' to ``Missile and Space'' in
Schedule I in order to be consistent with DOD's program determination
that the approved program that uses the ``A2'' program identification
symbol includes both Missile and Space programs.
This section would remove the ``C1'' program identification symbol
for food resources in Schedule I as ``food resources (combat rations)''
now falls under the jurisdiction of the Department of Agriculture's
(USDA) Agriculture Priorities and Allocation System (APAS) regulation
(7 CFR part 789). Although items that fell under this program
identification symbol were always food resources, the authority for
which has always been delegated to USDA under E.O. 13603 and its
predecessors, USDA did not have a published regulation to enact that
delegated authority. Therefore, under an agreement between USDA and the
DOC, DOD was permitted to place ratings using the ``C1'' symbol for
combat rations using the DPAS. However, in 2015, USDA published the
APAS regulation and DOD now uses that authority to place priority
ratings on combat rations, and no longer uses the previous agreement to
rate them under the DPAS.
This section would update the description of the ``J1'' program
identification symbol to ``Co-Production Programs'' in Schedule I to
reflect DOD's update to the approved program. DOD made a program
determination under E.O. 13603 to expand the approved program that uses
the ``J1'' program identification symbol from ``F-16 Co-Production
Program'' to ``Co-Production Programs.'' This change expands DOD's use
of this program identification symbol to other programs outside of the
F-16 program.
This section would also make a non-substantive change to the
description of

[[Page 8367]]

the ``H1'' program identification symbol to change ``section'' to the
symbol.
This section would update the description of the ``N8'' program
identification symbol in Schedule I from ``Miscellaneous'' to
``Continuity of Government'' in order to clarify DHS's program
determination is for Continuity of Government-related programs.
This section would also add an ``Other Programs'' section to
Schedule I, which includes the program identification symbols for
national defense programs administered by other departments but that
might, in some instances, need industrial resources that are under the
jurisdiction of the DPAS. BIS proposes making these revisions to
Schedule I to help provide transparency and ease between other
departments' priorities authority and the DOC's priorities authority
when a Delegate Agency needs industrial resources to implement any
approved program related to other resources (i.e., food resources,
energy resources, health resources, civil transportation, or water
resources) subject to other departments' priorities authority and
authorized for priorities support by the appropriate department.
Four departments are administering priorities and allocations
regulations similar to the DPAS for resources under their jurisdictions
as outlined in E.O. 13603. Those departments and the resources under
their jurisdiction are: USDA, food resources; DOE, energy resources;
the Department of Health and Human Services (HHS), health resources;
and the Department of Transportation (DOT), civil transportation.
Persons placing priority ratings on contracts and orders pursuant to
those systems may need industrial resources that are subject to DPAS in
support of those contracts or orders. For example, spare tires or
engine parts (industrial resources under DPAS jurisdiction) might be
needed to support a contract to provide civil transportation resources.
In administering the DPAS, BIS has noted that the Departments of
Defense, Energy, Homeland Security, and Health and Human Services and
the General Services Administration are the U.S. Government agencies
that most frequently procure industrial resources needed to implement
approved national defense programs. Accordingly, BIS has delegated to
those five agencies certain DPAS authority to place priority ratings on
contracts and orders for industrial resources in support of approved
national defense programs (Delegate Agencies). BIS expects that those
five agencies are also likely to be the agencies that most frequently
procure any industrial resources that may be needed to implement any
future approved programs related to food resources, energy resources,
health resources, civil transportation, and water resources.
Considering these facts and to assist in developing ``a consistent
and unified Federal priorities and allocations system'' as called for
by Section 101(d)(2) of the DPA, BIS, as part of those delegations, has
authorized these Delegate Agencies to place priority ratings on
contracts and orders for industrial resources needed to implement any
program related to food resources, energy resources, health resources,
civil transportation, or water resources determined as necessary or
appropriate to promote the national defense and authorized for
priorities support by the appropriate resource agency (i.e.,
Departments of Agriculture, Energy, Health and Human Services, and
Transportation). Therefore, Delegate Agencies are authorized to use the
same program identification symbol on such contracts and orders for
industrial resources as authorized by the appropriate resource agency
to support the approved program. However, any priority rated contract
or order for industrial resources placed to implement an approved
program related to food resources, energy resources, health resources,
civil transportation, or water resources remains subject to the DPAS.
The addition of the second paragraph before the Schedule I and the
``Other Programs'' section within Schedule I reflects this delegated
authority.

Defense Production Act of 1950, as Amended

On September 8, 1950, the President signed the Defense Production
Act of 1950 (DPA), as amended into law. Title VII of the DPA includes a
sunset clause for the majority of the DPA authorities which require
periodic reauthorization. On August 13, 2018, the President signed the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
into law, which reauthorized the DPA, 50 U.S.C. 4501 et seq., through
September 30, 2025. The DPA provides the legal basis for BIS's
principal authorities and serves as the authority under which BIS
issues this proposed rule.

Expected Impact of the Proposed Rule

BIS believes this rule merely provides clarifications and
transparency to Federal, state, local, tribal, and territorial
government agencies, foreign governments, and the public to ensure ease
of understanding and implementation of established procedures and would
not have a significant economic impact on government agencies or the
public.
The administrative changes proposed are for ease, clarity, and
transparency of the existing standards and procedures used to authorize
and require priority performance of certain contracts or orders that
promote the national defense over other contracts and orders.
The amendments proposed provide technical, non-substantive
administrative changes to ensure consistency with the Defense
Production Act of 1950 (DPA) and E.O. 13603; provide clarity on
procedures for the placement, acceptance, and performance of the
Defense Priorities and Allocations System (DPAS) priority rated orders;
and provide transparency to the process for parties to request SPA.
The standards and process under which a rated order is authorized,
placed, or performed on would not be changed. There are no proposed
modifications to the procedures for the placement, acceptance, and
performance of rated orders or for the allocation of materials,
services, and facilities. Firms would not be required to reduce the
total volume of orders, or require the recipient of a rated order to
reduce prices or provide rated orders with more favorable terms than
comparable unrated orders. Nor to the changes proposed amend the
requirements or procedures for requesting Special Priorities Assistance
(SPA).

Rulemaking Requirements

1. This rule has been determined to be a significant regulatory
action for purposes of Executive Order (E.O.) 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. With this
rule, BIS is proposing changes to an existing approved information
collection, Request for Special Priorities Assistance (OMB Control
Number 0694-0057) which will be updated to reflect the changes
discussed.
This collection currently carries a burden estimate of 30 minutes
for an electronic submission for a total burden estimate of 22 hours.
BIS believes the total burden hours are not expected to materially
increase as a result of this

[[Page 8368]]

rule. The current version of this collection--including all background
materials--can be found at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> by
using the search function to enter either the title of the collection
or the OMB Control Number. BIS is proposing changes to the form as
discussed below.
The citation in the top paragraph would be updated from ``50 U.S.C.
App. 4455(d)'' to ``50 U.S.C. 4555(d).''
Block 1.a would be updated to include a field for country. BIS can
currently receive applications from persons located outside of the
United States. This proposed change would insert a field for an
Applicant to provide the country in which the Applicant resides.
Block 1.b would be updated to include a field for country and an
email address. This proposed change would insert a field for an
Applicant customer, if not an end-user Government agency, to provide
the country in which the Applicant customer resides as well as an email
address for the Applicant customer.
Block 3 would be updated to include ``manufacturer'' as part of the
description of the item. This proposed change is needed when the item
the Applicant is requiring assistance with is not manufactured by the
Applicant's supplier listed in Block 4.a. This may occur, for example,
if an Applicant is procuring the item through a distributor.
Block 4.a is updated to include a field for the country of the
applicant's supplier. Applicants may procure items that they need
assistance with through foreign suppliers. For example, foreign
applicants may request assistance with an item manufactured in the
United States that they acquire through a foreign distributor. If an
applicant is requesting DPAS rating authority, BIS requires the country
information of the supplier listed in Block 4.a to ensure that the
appropriate entities are authorized to place priority rated contracts
and orders with suppliers physically located in the United States.
Block 8 would be updated to remove the information listed in the
parentheses now that electronic signatures are available.
Block 9.g would be updated to remove specific references to the
Department of Defense or foreign requests to allow for flexibility for
each Determination Department request process.
Page 3 of Form BIS-999 titled, ``INSTRUCTIONS FOR SUBMITTING FORM
BIS-999'' would be updated for ease of understanding and consistency
with 15 CFR part 700, including the changes made by this proposed rule,
and the delegations to the Delegate Agencies from the Department of
Commerce. The Office of Strategic Industries and Economic Security's
email address is also added as an option on how to submit Form BIS-999.

A. Public Reporting Burden

Public reporting burden specific to this proposed rule and the
revision to collection of information previously approved is voluntary
and includes the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information.
Respondents: 22.
Responses per Respondent: 1.
Total Responses: 22.
Hours per Response: 30 minutes.
Total Burden Hours: 11.
Public comments are particularly invited on: Whether this
collection of information is necessary and whether it will have
practical utility; whether our estimate of the public burden of this
collection of information is accurate and based on valid assumptions
and methodology; and ways to enhance the quality, utility, and clarity
of the information to be collected.
Requesters may obtain a copy of the information collection
documents from Mark Crace at <a href="/cdn-cgi/l/email-protection#703d11021b5e3302111315301219035e141f135e171f06">[email&#160;protected]</a>. Please cite
``Information Collection 0694-0057, in all correspondence.
3. These proposed changes do not contain policies with federalism
implications as that term is defined in E.O. 13132.
4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute. Under section 605(b) of the RFA,
however, if the head of an agency certifies that a rule will not have a
significant impact on a substantial number of small entities, the
statute does not require the agency to prepare a regulatory flexibility
analysis. Pursuant to section 605(b), the Chief Counsel for Regulation,
Department of Commerce, certified to the Chief Counsel for Regulation,
Small Business Administration that this proposed rule will not have a
significant impact on a substantial number of small entities for the
reasons explained below. No other law requires such an analysis.
Consequently, no regulatory flexibility analysis is required, and none
has been prepared. The factual support for this certification is
provided below.

Number of Small Entities

Small entities include small businesses, small organizations, and
small governmental jurisdictions. For purposes of assessing the impacts
of this proposed rule on small entities, a small business, as described
in the Small Business Administration's Table of Small Business Size
Standards Matched to North American Industry Classification System
Codes (Effective March 17, 2023), has a maximum annual revenue of $47
million and a maximum of 1,500 employees (for some business categories,
these numbers are lower). A small governmental jurisdiction is a
government of a city, town, school district or special district with a
population of less than 50,000. A small organization is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
This proposed rule would make non-substantive changes to clarify
well-established standards and procedures under which BIS (or agencies
to which BIS delegates authority) would authorize prioritization of
certain orders or contracts as well as criteria under which BIS would
issue orders allocating resources or production facilities. This
proposed rule does not amend requirements for organizations that enter
into contracts to supply materials, services and facilities that are
necessary or appropriate for the national defense. Rather, this
proposed rule would provide transparency to organizations on the DPAS
to ensure ease of understanding and implementation of established
processes.
BIS's experience in administering its priorities authority
indicates that for-profit businesses are the organizations that provide
materials, services, and facilities necessary or appropriate to promote
the national defense. If it becomes necessary to exercise allocations
authority, the same types of materials, services, and facilities and
the same types of businesses are the ones likely to be affected.
Therefore, BIS believes that two of the categories of small entities
identified by the RFA, small organizations and small government
jurisdictions, are unlikely to experience any economic impact as a
result of this proposed rule. However, BIS has no basis on which to
estimate the number of small businesses that are likely to be affected
by this proposed rule.

[[Page 8369]]

Impact

BIS believes that any impact that this proposed rule might have on
small businesses would be minor. This proposed rule would not change
the processes for the placement, acceptance, and performance of rated
orders or for the allocation of materials, services, and facilities.
Nor does this proposed rule change the procedures to request special
priorities assistance. BIS expects that this proposed rule would not
result in any increase in the use of rated orders. The standards under
which a rated order would be issued are not changed by this proposed
rule. Rather, this proposed rule provides simplifications and
clarifications to the placement, acceptance, and performance of rated
orders and the SPA process to ensure ease of understanding and
implementation of established procedures.
Further, although rated orders could require a firm to fill one
order prior to filling another, they would not require a reduction in
the total volume of orders, nor would they require the recipient to
reduce prices or provide rated orders with more favorable terms than a
similar non-rated order. Under these circumstances, the economic
effects on the rated order recipient of substituting one order for
another are likely to be offsetting, resulting in no net loss.

Conclusion

Although BIS cannot determine precisely the number of small
entities that would be affected by this proposed rule, BIS believes
that the overall impact on such entities would not be significant as
this proposed rule would provide administrative changes to well-
established standards and procedures. Consequently, this proposed rule
would not likely increase the number of rated contracts and orders
compared to the number being placed currently. BIS believes that the
expected unchanged level of contract and order prioritizations,
planning and review requirements and requirements of section 701 of the
DPA, which are directed at protecting the interests of small
businesses, provide reasonable assurance that any impact on small
business will not be significant. For the reasons set forth above, the
Chief Counsel for Regulations at the Department of Commerce certified
that this action would not have a significant impact on a substantial
number of small entities.

List of Subjects in 15 CFR Part 700

Administrative practice and procedure, Business and industry,
Government contracts, National defense, Reporting and recordkeeping
requirements, Strategic and critical materials.

Accordingly, 15 CFR part 700 of the DPAS regulation, proposes to
amend as follows:

PART 700--DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM

0
1. The authority citation for 15 CFR part 700 continues to read as
follows:

Authority: 50 U.S.C. 4501 et seq.; 42 U.S.C. 5195, et seq.; 50
U.S.C. 3816; 10 U.S.C. 2538; 50 U.S.C. 82; E.O. 12656, 53 FR 226, 3
CFR, 1988 Comp., p. 585; E.O. 12742, 56 FR 1079, 3 CFR, 1991 Comp.,
p. 309; E.O. 13603, 77 FR 16651, 3 CFR, 2012 Comp., p. 225.

0
2. Section 700.1 is amended by revising the second and third sentences
to read as follows:

Sec. 700.1 Purpose of this part.

* * * The DPAS implements the priorities and allocations authority
of the Defense Production Act (50 U.S.C. 4501 et seq.), delegated to
the Department of Commerce under Executive Order 13603, including use
of that authority to support emergency preparedness activities pursuant
to Title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), and the priorities authority
of the Selective Service Act and related statutes, all with respect to
industrial resources. The DPAS establishes procedures for the
placement, acceptance, and performance of priority rated contracts and
orders (other than contracts of employment) and for the allocation of
materials, services, and facilities for approved programs. * * *
0
3. Revise section 700.2 to read as follows:

Sec. 700.2 Introduction.

(a) Certain national defense and energy programs (including
military, emergency preparedness, homeland security, and critical
infrastructure protection and restoration activities) may be eligible
for priorities and allocations support as determined by a Determination
Department.
(b) The Department of Commerce administers the DPAS and may
exercise priorities and allocations authority to ensure the timely
delivery of industrial resources to meet approved program requirements.
(c) The Department of Commerce has delegated authority to place
priority ratings on contracts or orders necessary or appropriate to
promote the national defense to certain government agencies that issue
such contracts or orders. Such delegations include authority to
authorize recipients of rated orders to place ratings on contracts or
orders to contractors, subcontractors, and suppliers. Schedule I to
this part includes a list of agencies to which the Department of
Commerce has delegated authority. The Department of Commerce is also
listed as an agency for programs where its authorization is necessary
to place rated orders.
0
4. Section 700.3 is amended by revising paragraphs (a) and (d) to read
as follows:

Sec. 700.3 Priority ratings and rated orders.

(a) Rated orders are identified by a priority rating, which
consists of a rating symbol (DO or DX), and a program identification
symbol. Rated orders take precedence over all unrated orders as
necessary to meet required delivery dates. Rating symbols indicate the
level of priority. Among rated orders, DX rated orders take precedence
over DO rated orders. Program identification symbols indicate which
approved program is attributed to the rated order.
* * * * *
(d) Persons who receive rated orders must in turn place rated
orders with their suppliers for the industrial resources they need to
fill the orders. This provision ensures that suppliers will give
priority treatment to rated orders from contractor to subcontractor to
suppliers throughout the procurement chain.
* * * * *
0
5. Section 700.8 is amended by
0
a. Adding in alphabetical order the definitions of ``Determination
Department'', ``Facilities'', ``Materials'', ``Resource Department'',
and ``Services'';
0
b. Revising the definitions of ``Approved program'', ``Defense
Production Act'', ``Industrial resources'', ``National defense'',
``Official action'', ``Priorities authority'', ``Priority rating'',
``Selective Service Act'', and ``Stafford Act''; and
0
c. Removing the definition of ``Item''.
Revisions and additions read as follows:

Sec. 700.8 Definitions.

* * * * *
Approved program. A program determined in writing as necessary or
appropriate for priorities and allocations support to promote the
national defense by the Secretary of Defense, the Secretary of Energy,
or the Secretary of

[[Page 8370]]

Homeland Security, under the authority of the Defense Production Act
and Executive Order 13603, or the Selective Service Act and Executive
Order 12742.
* * * * *
Defense Production Act. The Defense Production Act of 1950, as
amended (50 U.S.C. 4501 et seq.).
* * * * *
Determination Department. Any of the three Federal departments
whose head is delegated authority by the President under section 202 of
Executive Order 13603 to determine in writing that a program is
necessary or appropriate to promote the national defense (referred to
as ``approved program''):
(1) The Secretary of Defense with respect to military production
and construction, military assistance to foreign nations, military use
of civil transportation, stockpiles managed by the Department of
Defense, space, and directly related activities;
(2) The Secretary of Energy with respect to energy production and
construction, distribution and use, and directly related activities;
and
(3) The Secretary of Homeland Security with respect to all other
national defense programs, including civil defense and continuity of
Government.
* * * * *
Facilities. The term ``facilities'' includes all types of
buildings, structures, or other improvements to real property (but
excluding farms, churches or other houses of worship, and private
dwelling houses), and services relating to the use of any such
building, structure, or other improvement.
* * * * *
Industrial resources. All materials, services, and facilities,
including construction materials, the authority for which has not been
delegated to other agencies under Executive Order 13603. This term may
also be referred to as ``item'' in this part.
* * * * *
Materials. Includes:
(1) Any raw materials (including minerals, metals, and advanced
processed materials), commodities, articles, components (including
critical components), products, and items of supply; and
(2) Any technical information or services ancillary to the use of
any such materials, commodities, articles, components, products, or
items.
National defense. Programs for military and energy production or
construction, military or critical infrastructure assistance to any
foreign nation, homeland security, stockpiling, space, and any directly
related activity. Such term includes emergency preparedness activities
conducted pursuant to Title VI of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and
critical infrastructure protection and restoration.
Official action. An action taken by the Department of Commerce
under the authority of the Defense Production Act, the Selective
Service Act and related statutes, and this part. Such actions include
the issuance of rating authorizations, directives, letters of
understanding, demands for information, inspection authorizations,
administrative subpoenas, and allocation orders.
* * * * *
Priorities authority. The authority of the Department of Commerce,
pursuant to section 101 of the Defense Production Act, to require
priority performance of contracts and orders (other than contracts of
employment) for industrial resources for use in approved programs.
Priority rating. An identifying code, consisting of the rating
symbol and the program identification symbol, assigned by the
Department of Commerce, a Delegate Agency, or authorized person and
placed on all rated orders.
* * * * *
Resource Department. Any of the six Federal departments whose head
is delegated authority by the President under section 201 of Executive
Order 13603 to require acceptance and priority performance of contracts
or orders (other than contracts of employment) to promote the national
defense over performance of any other contracts or orders, and to
allocate materials, services, and facilities as deemed necessary or
appropriate to promote the national defense (referred to as ``approved
program''):
(1) The Secretary of Agriculture with respect to food resources,
food resource facilities, livestock resources, veterinary resources,
plant health resources, and the domestic distribution of farm equipment
and commercial fertilizer;
(2) The Secretary of Energy with respect to all forms of energy;
(3) The Secretary of Health and Human Services with respect to
health resources;
(4) The Secretary of Transportation with respect to all forms of
civil transportation;
(5) The Secretary of Defense with respect to water resources; and
(6) The Secretary of Commerce with respect to all other materials,
services, and facilities, including construction materials (referred to
as ``industrial resources'').
* * * * *
Services. Includes any effort that is needed for or incidental to:
(1) The development, production, processing, distribution,
delivery, or use of an industrial resource or a critical technology
item;
(2) The construction of facilities; or
(3) Other national defense programs and activities.
Selective Service Act. Section 18 of the Selective Service Act of
1948 (50 U.S.C. 3816).
* * * * *
Stafford Act. Title VI (Emergency Preparedness) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121 et seq.).
* * * * *
0
6. Section 700.10 is amended by revising the last sentence in paragraph
(c)(1) to read as follows:

Sec. 700.10 Authority.

* * * * *
(c) Jurisdiction limitations.
(1) * * * Unless otherwise agreed to by the concerned agencies, the
provisions of this part are not applicable to:
* * * * *
0
7. Section 700.11 is amended by revising paragraph (a)(1), the second
and third sentences of paragraph (b), and the first sentence of
paragraph (c) to read as follows:

Sec. 700.11 Priority ratings.

(a) Levels of priority.
(1) There are two levels of priority established by this
regulation, identified by the rating symbols ``DO'' and ``DX.''
* * * * *
(b) * * * The list of approved programs and their identification
symbols is found in schedule I to this part. For example, A1 identifies
defense aircraft programs and A7 signifies defense electronic and
communications equipment programs. * * *
(c) Priority ratings. A priority rating consists of the rating
symbol--DO and DX--and the program identification symbol, such as A1,
A7, or N1. * * *
0
8. Section 700.12 is amended by revising paragraphs (a)(1) and (a)(4)
to read as follows:

Sec. 700.12 Elements of a rated order.

(a) * * *
(1) The appropriate priority rating and program identification
symbol (e.g., DO-A1, DX-A2, DO-N1).
* * * * *
(4) A statement that reads in substance: ``This is a rated order

[[Page 8371]]

certified for national defense use and you are required to follow all
the provisions of the Defense Priorities and Allocations System
regulation (15 CFR part 700).''
* * * * *
0
9. Section 700.13 is amended by revising paragraphs (c)(5) and (d)(3)
to read as follows:

Sec. 700.13 Acceptance and rejection of rated orders.

* * * * *
(c) * * *
(5) If acceptance of a rated order or performance against a rated
order would violate any other regulation, official action, or order of
the Department of Commerce issued under the authority of the Defense
Production Act or the Selective Service Act and related statutes (see
Sec. 700.75).
(d) * * *
(3) If a person has accepted a rated order and subsequently finds
that shipment or performance will be delayed, the person must notify
the customer immediately, give the reasons for the delay, and advise of
a new shipment or performance date. If notification is given verbally,
written (hard copy) or electronic confirmation must be provided within
one (1) working day of the verbal notice.
0
10. Section 700.14 is amended by revising the second sentence in
``Examples'' to paragraph (b) to read as follows:

Sec. 700.14 Preferential Scheduling.

* * * * *
(b) * * *
Examples:
* * * If a DX rated order is received calling for delivery on July
15 and a person has a DO rated order requiring delivery on June 3 and
operations can be scheduled to meet both deliveries, there is no need
to alter production schedules to give any additional preference to the
DX rated order. * * *
* * * * *
0
11. Revise Section 700.15 to read as follows:

Sec. 700.15 Extension of priority ratings.

(a) A person must use rated orders with suppliers to obtain
industrial resources needed to fill a rated order. All elements of a
rated order outlined in section 700.12 must be included on the rated
order. The person must use the priority rating indicated on the
customer's rated order, except as otherwise provided in this part (see
Sec. 700.17) or as directed by the Department of Commerce.
Example:
If a person is in receipt of a rated order with a priority rating
of DO-A3 for a navigation system and needs to purchase semiconductors
for its manufacture, that person must use a DO-A3 priority rating to
obtain the needed semiconductors.
(b) The required elements of a rated order outlined in section
700.12 must be included on each successive order placed to obtain
industrial resources needed to fill a customer's rated order.
Therefore, the inclusion of the rating will continue from contractor to
subcontractor to supplier throughout the entire supply chain.
(c) A person must use rated orders with suppliers to obtain
industrial resources needed to fill an emergency preparedness rated
order. That person must require acceptance or rejection, and
transmission of that acceptance or rejection by the supplier within the
time limit stated in the rated order that is being filled.
0
12. Section 700.16 is amended by revising paragraph (b) to read as
follows:

Sec. 700.16 Changes or cancellations of priority ratings and rated
orders.

* * * * *
(b) If an unrated order is amended so as to make it a rated order,
or a DO rating is changed to a DX rating, the supplier must give the
appropriate preferential treatment to the order as of the date the
change is received by the supplier.
* * * * *
0
13. Section 700.17 is amended by revising paragraphs (a)(4), (b)(1),
(d)(1)(ii), and (f) to read as follows:

Sec. 700.17 Use of rated orders.

(a) * * *
(4) MRO needed to produce the finished items to fill rated orders.
However, for MRO, the priority rating used must contain the program
identification symbol H7 along with the rating symbol contained on the
customer's rated order. For example, a person in receipt of a rated
order with a priority rating of DO-A3 rated order, who needs MRO, would
place a rated order with a priority rating of DO-H7 rated order with
the person's supplier.
(b) * * *
(1) The order must be placed within ninety (90) days of the date of
use of the inventory.
* * * * *
(d) * * *
(1) * * *
(ii) The elements of a rated order, as required by Sec. 700.12,
are included on the order with the statement required in Sec.
700.12(a)(4) modified to read in substance: ``This purchase order
contains rated order quantities certified for national defense use, and
you are required to follow all the provisions of the Defense Priorities
and Allocations System regulation (15 CFR part 700) as it pertains to
the rated quantities.''
* * * * *
(f) A person is not required to place a priority rating on an order
for less than $125,000, or one half of the Simplified Acquisition
Threshold (as established in the Federal Acquisition Regulation (FAR))
(see FAR section 2.101), whichever amount is greater, provided that
delivery can be obtained in a timely fashion without the use of the
priority rating.
0
14. Section 700.18 is amended by revising paragraphs (a)(2)(iii),
(a)(2)(iv)(A), and (a)(2)(iv)(B) to read as follows:

Sec. 700.18 Limitations on placing rated orders.

(a) * * *
(2) * * *
(iii) Items in advance of the receipt of a rated order, except as
specifically authorized by the Department of Commerce (see Sec.
700.51(c) for information on obtaining authorization for a priority
rating in advance of a rated order); or
(iv) * * *
(A) Items for plant improvement, expansion, or construction, unless
they will be physically incorporated into a construction project
covered by a rated order; or
(B) Production or construction equipment or items to be used for
the manufacture of production equipment (for information on requesting
priority rating authority, see Sec. 700.51).
* * * * *
0
15. Section 700.21 is amended by revising the last sentence of
paragraph (a) to read as follows:

Sec. 700.21 Application for priority rating authority.

(a) * * *Further information may be obtained from the Department of
Energy, Office of Cybersecurity, Energy Security, and Emergency
Response, 1000 Independence Avenue SW, Washington, DC 20585; Telephone:
(202) 586-8100; Email: <a href="/cdn-cgi/l/email-protection#28495b434b5a684059064c474d064f475e">[email&#160;protected]</a>.
* * * * *
0
16. Section 700.31 is amended by revising paragraph (f) to read as
follows:

Sec. 700.31 General procedures.

* * * * *
(f) A detailed description of the provisions that will be included
in the allocation orders, including the type(s) of allocation orders,
the percentages or quantity of capacity or output to be allocated for
each purpose, the

[[Page 8372]]

relationship with previously or subsequently received priority rated
and unrated contracts and orders, and the duration of the allocation
action (e.g., anticipated start and end dates);
* * * * *
0
17. Section 700.33 is amended by revising the section heading and
introductory text to read as follows:

Sec. 700.33 Types of allocation orders.

There are three types of allocation orders available for
communicating allocation actions.
* * * * *
0
18. Section 700.34 is amended by revising paragraphs (a)(1), (b)(1),
(c) introductory text, and (c)(1) to read as follows:

Sec. 700.34 Elements of an allocation order.

* * * * *
(a) * * *
(1) A detailed description of the required allocation action(s),
including its relationship to previously or subsequently received DX
rated orders, DO rated orders, and unrated orders.
* * * * *
(b) * * *
(1) A statement that reads in substance: ``This is an allocation
order certified for national defense use. [Insert the name of the
person receiving the order] is required to comply with this order, in
accordance with the provisions of the Defense Priorities and
Allocations System regulation (15 CFR part 700).''
* * * * *
(c) Elements to be included in an allocation order issued by
constructive notice through publication in the Federal Register.
(1) A statement that reads in substance: ``This is an allocation
order certified for national defense use. [Insert the name(s) of the
person(s) to whom the order applies or a description of the class of
persons to whom the order applies] is (are) required to comply with
this order, in accordance with the provisions of the Defense Priorities
and Allocations System regulation (15 CFR part 700).''
* * * * *
0
19. Revise section 700.50 to read as follows:

Sec. 700.50 General provisions.

(a) Once a priority rating has been authorized pursuant to this
part, further action by the Department of Commerce generally is not
needed. However, it is anticipated that from time-to-time problems will
occur. In this event, a person should immediately contact the
appropriate contract administration officer or the Department of
Commerce for guidance or assistance. Special priorities assistance is a
service provided to alleviate problems that do arise.
(1) If additional formal aid is needed for a rated order placed by
a Delegate Agency, special priorities assistance should be sought from
the Delegate Agency through the contract administration officer. If the
Delegate Agency is unable to resolve the problem or to authorize the
use of a priority rating and believes additional assistance is
warranted, the Delegate Agency may forward the request to the
Department of Commerce for action.
(2) If additional formal aid is needed for a rated order placed by
other authorized persons, special priorities assistance should be
sought from the Department of Commerce.
(b) Special priorities assistance may be provided for any reason
consistent with this part, such as assisting in obtaining timely
deliveries of items needed to satisfy rated orders or authorizing the
use of priority ratings on orders to obtain items not otherwise ratable
under this part. If the Department of Commerce is unable to resolve the
problem or to authorize the use of a priority rating and believes
additional assistance is warranted, the Department of Commerce may
forward the request to another agency, identified in Sec. 700.10(c),
as appropriate, for action.
(c) A request for special priorities assistance must be submitted
on Form BIS-999 (OMB control number 0694-0057) to the local contract
administration representative or to the Department of Commerce. Form
BIS-999 may be obtained from the Delegate Agency representative or from
the Department of Commerce. A sample Form BIS-999 is attached at
Appendix I. A fillable Form BIS-999 may be obtained on the following
website: <a href="https://www.bis.doc.gov/">https://www.bis.doc.gov/</a>.
0
20. Revise 700.51 to read as follows:

Sec. 700.51 Requests for priority rating authority.

(a) If a rated order is likely to be delayed because a person is
unable to obtain items not normally rated under this part, the person
may request the authority to use a priority rating in ordering the
needed items. Examples of items for which priority ratings may be
authorized include:
(1) Production or construction equipment;
(2) Computers when not used as production items; and
(3) Expansion, rebuilding or replacing plant facilities.
(b) If a person does not have priority rating authority under this
part from a Delegate Agency or the Department of Commerce and is unable
to ensure the timely delivery of industrial resources, the person may
request the authority to use a priority rating in ordering the needed
items.
(1) A request for priority rating authority under this part must be
submitted on Form BIS-999 to the Department of Commerce (see Sec.
700.50(c) for information on Form BIS-999).
(2) A request for priority rating authority under this part may be
used only to support approved programs (see Sec. 700.55, Sec. 700.57,
and Sec. 700.58 for information on requesting a determination by the
appropriate Determination Department that the request supports a
program that is necessary or appropriate to promote the national
defense).
(c) Rating authority for production or construction equipment.
(1) A request for priority rating authority for production or
construction equipment must be submitted to the appropriate Delegate
Agency or the Department of Commerce. Requests in support of Department
of Defense approved programs should be submitted to the Department of
Defense on Department of Defense Form DD 691. All other requests should
be submitted on Form BIS-999. If the Delegate Agency is unable to
resolve the problem or authorize the use of a priority rating, the
Delegate Agency may forward the request to the Department of Commerce
for action.
(2) When the use of a priority rating is authorized for the
procurement of production or construction equipment, a rated order may
be used either to purchase or to lease such equipment. However, in the
latter case, the equipment may be leased only from a person engaged in
the business of leasing such equipment or from a person willing to
lease rather than sell.
(d) Rating authority in advance of a rated prime contract.
(1) In certain cases and upon specific request, the Department of
Commerce, in order to promote the national defense, may authorize a
person to place a priority rating on an order to a supplier in advance
of the issuance of a rated prime contract. In these instances, the
person requesting advance rating authority must obtain sponsorship of
the request from the appropriate Delegate Agency or those authorized by
the Department of Commerce to priority rate the prime contract. The
person shall also assume any business risk associated with the placing
of rated orders if these orders

[[Page 8373]]

have to be cancelled in the event the rated prime contract is not
issued.
(2) The person must state the following in the request:
It is understood that the authorization of a priority rating in
advance of our receiving a rated prime contract and our use of that
priority rating with our suppliers in no way commits the Department of
Commerce or any other government agency to enter into a contract or
order or to expend funds. Further, we understand that the Federal
Government shall not be liable for any cancellation charges,
termination costs, or other damages that may accrue if a rated prime
contract is not eventually placed and, as a result, we must
subsequently cancel orders placed with the use of the priority rating
authorized as a result of this request.
(3) In reviewing requests for rating authority in advance of a
rated prime contract, the Department of Commerce will consider, among
other things, the following criteria:
(i) The probability that the prime contract will be awarded;
(ii) The impact of the resulting rated orders on suppliers and on
other authorized programs;
(iii) Whether the contractor is the sole source;
(iv) Whether the item being produced has a long lead time; and
(v) The time period for which the rating is being requested.
(4) The Department of Commerce may require periodic reports on the
use of the rating authority granted under paragraph (c) of this
section.
(5) If a rated prime contract is not issued, the person shall
promptly notify all suppliers who have received rated orders pursuant
to the advanced rating authority that the priority rating on those
orders is cancelled.
0
21. Section 700.52 is amended by revising paragraph (a) and adding new
paragraph (a)(3) to read as follows:

Sec. 700.52 Examples of assistance.

(a) While special priorities assistance may be provided for any
reason in support of this regulation and an approved program (see Sec.
700.55, Sec. 700.57, Sec. 700.58, and Schedule I of this part), it is
usually provided in situations where:
(1) A person is experiencing difficulty in obtaining delivery
against a rated order by the required delivery date;
(2) A person cannot locate a supplier for an item needed to fill a
rated order; or
(3) A person is experiencing difficulty in obtaining delivery for
an unrated order by the required delivery date.
* * * * *
0
22. Amend section 700.53 by revising the introductory text to read as
follows:

Sec. 700.53 Criteria for assistance.

Requests for special priorities assistance should be timely, i.e.,
the request has been submitted promptly and enough time exists for the
Determination Department, Delegate Agency, or the Department of
Commerce to effect a meaningful resolution to the problem, and must
establish that:
* * * * *
0
23. Amend section 700.54 by revising the first sentence of the
introductory text to read as follows:

Sec. 700.54 Instances where assistance will not be provided.

Special priorities assistance is provided at the discretion of the
Determination Departments, Delegate Agencies, and the Department of
Commerce when it is determined that such assistance is warranted to
meet the objectives of this regulation. * * *
* * * * *
0
24. Revise section 700.55 to read as follows:

Sec. 700.55 Requests for determination that program within the
United States is necessary or appropriate to promote the national
defense.

(a) Homeland security, emergency response, and critical
infrastructure protection and restoration assistance programs within
the United States. Any person requesting priority rating authority or
requiring assistance in obtaining rated items under this part
supporting homeland security, emergency preparedness, and critical
infrastructure protection and restoration related activities should
submit a request for a determination in writing that the request
supports a program that is necessary or appropriate to promote the
national defense (referred to as ``approved program'') to the Office of
Policy and Program Analysis, Federal Emergency Management Agency,
Department of Homeland Security, 500 C Street SW, Washington, DC 20472;
Telephone: (202) 212-2900; Fax: (202) 646-4601; Email: <a href="/cdn-cgi/l/email-protection#1650535b573b5246575670737b7738727e6538717960">[email&#160;protected]</a>, website: <a href="https://www.fema.gov/disaster/defense-production-act">https://www.fema.gov/disaster/defense-production-act</a>.
(b) Military production and construction, military use of civil
transportation, stockpiles managed by the Department of Defense, space,
and directly related activities within the United States. Any person
requesting priority rating authority or requiring assistance under this
part in obtaining rated items supporting military production and
construction, military use of civil transportation, stockpiles managed
by the Department of Defense, space, and directly related activities
should submit a request for a determination in writing that the request
supports a program that is necessary or appropriate to promote the
national defense (referred to as ``approved program'') to the
Department of Defense DPA Title I Lead in the Office of the Assistant
Secretary of Defense for Industrial Base Policy, 3330 Defense Pentagon,
Room 3B854, Washington, DC 20301; Telephone: (703) 697-0051; Fax: (703)
695-4885; Email: <a href="/cdn-cgi/l/email-protection#93fce0f7bde3f6fde7f2f4fcfdbdfce6e0f7bef2bee0bdfef1ebbdfafdf7e3fcffbef7e3f2bee7fae7fff6befad3fef2faffbdfefaff">[email&#160;protected]</a>;
website: <a href="https://www.businessdefense.gov/">https://www.businessdefense.gov/</a>.
(c) Energy production and construction, distribution and use, and
directly related activities within the United States. Any person
requesting priority rating authority or requiring assistance under this
part in obtaining rated items supporting energy production and
construction, distribution and use, and directly related activities
should submit a request for a determination in writing that the request
supports a program that is necessary or appropriate to promote the
national defense (referred to as ``approved program'') to the
Department of Energy, Office of Cybersecurity, Energy Security, and
Emergency Response, 1000 Independence Avenue SW, Washington, DC 20585;
Telephone: (202) 586-8100; Email: <a href="/cdn-cgi/l/email-protection#8aebf9e1e9f8cae2fba4eee5efa4ede5fc">[email&#160;protected]</a>.
0
25. Section 700.56 is amended by revising paragraphs (c), (d), (e),
(f), and (g) to read as follows:

Sec. 700.56 Military assistance programs with Canada.

* * * * *
(c) The Department of Commerce coordinates with Public Works and
Government Services Canada on all matters of mutual concern relating to
the administration of this part.
(d) Any person in the United States ordering defense items in
Canada in support of an approved program should inform the Canadian
supplier that the items being ordered are to be used to fill a rated
order. The Canadian supplier should be informed that if production
materials are needed from the United States by the Canadian supplier or
the Canadian supplier's vendor to fill the order, the Canadian supplier
or vendor should contact Public Works and Government Services Canada
for authority to place rated orders in the United States: Public Works
and Government Services Canada, Acquisitions Branch, Business

[[Page 8374]]

Management Directorate, Phase 3, Place du Portage, 0B2-103, 11 Laurier
Street, Gatineau, Quebec, K1A 0S5, Canada; Telephone: (819) 420-7200;
Fax: (819) 997-9776, or electronically at <a href="/cdn-cgi/l/email-protection#6034303327234e30213012090f12091405130405040506050e13054d2130240506050e03053012090f1209140905134e30372733232014101307034d5c0140081205065d" http: pwgsc.gc.ca">pwgsc.gc.ca</a>">TPSGC.PAPrioritesdedefense-APDefencePriorities.PWGSC@tpsgc-<a href="http://pwgsc.gc.ca">pwgsc.gc.ca</a></a>.
(e) Any person in Canada producing defense items for the Canadian
government may also obtain priority rating authority for items to be
purchased in the United States by applying to Public Works and
Government Services Canada, Acquisitions Branch, Business Management
Directorate, in accordance with its procedures.
(f) Persons in Canada needing special priorities assistance in
obtaining defense items in the United States may apply to Public Works
and Government Services Canada, Acquisitions Branch, Business
Management Directorate, for such assistance. Public Works and
Government Services Canada will forward appropriate requests to the
Department of Commerce.
(g) Any person in the United States requiring assistance in
obtaining items in Canada must submit a request to the Office of
Strategic Industries and Economic Security, U.S. Department of Commerce
on Form BIS-999. The Department of Commerce will forward appropriate
requests to Public Works and Government Services Canada.
0
26. Section 700.57 is amended by revising paragraphs (a), (b)(1), and
(c) to read as follows:

Sec. 700.57 Military assistance programs with other nations and
international organizations.

(a) Scope. To promote military assistance to foreign nations and
international organizations (for example, the North Atlantic Treaty
Organization or the United Nations), this section provides for
authorizing priority ratings to persons in foreign nations or
international organizations to obtain items in the United States in
support of approved programs. Although priority ratings have no legal
authority outside of the United States, this section also provides
information on how persons in the United States may obtain informal
assistance in foreign nations that are signatories to bilateral
security of supply arrangements with the Department of Defense. These
foreign nations include Australia, Denmark, Finland, Israel, Italy,
Japan, Latvia, The Netherlands, Norway, Spain, Sweden, and the United
Kingdom. The most current security of supply arrangement information,
including an up-to-date list of countries, may be found on the
following website: <a href="https://www.businessdefense.gov/security-of-supply.html">https://www.businessdefense.gov/security-of-supply.html</a>.
(b) * * *
(1) Any person in a foreign nation other than Canada, or any person
in an international organization, requiring assistance in obtaining
items in the United States or priority rating authority for items to be
purchased in the United States, should submit a request for such
assistance or priority rating authority to: the Department of Defense
DPA Title I Lead in the Office of the Assistant Secretary of Defense
for Industrial Base Policy, 3330 Defense Pentagon, Room 3B854,
Washington, DC 20301; Telephone: (703) 697-0051; Fax: (703) 695-4885;
Email: <a href="/cdn-cgi/l/email-protection#b7d8c4d399c7d2d9c3d6d0d8d999d8c2c4d39ad69ac499dad5cf99ded9d3c7d8db9ad3c7d69ac3dec3dbd29adef7dad6dedb99dadedb">[email&#160;protected]</a>, website:
<a href="https://www.businessdefense.gov/">https://www.businessdefense.gov/</a>.
(i) If the end product is being acquired by a U.S. Government
agency, the request should be submitted to the Department of Defense
DPA Title I Lead through the U.S. contract administration
representative.
(ii) If the end product is being acquired by a foreign nation or
international organization, the request must be sponsored prior to its
submission to the Department of Defense DPA Title I Lead by the
government of the foreign nation or the international organization that
will use the end product.
* * * * *
(c) Requesting assistance in foreign nations that are signatories
to bilateral security of supply arrangements.
(1) The Department of Defense has entered into bilateral security
of supply arrangements with several foreign nations that allow the
Department of Defense to request the priority delivery for Department
of Defense contracts, subcontracts, and orders from companies in these
countries. These countries include Australia, Denmark, Finland, Israel,
Italy, Japan, Latvia, The Netherlands, Norway, Spain, Sweden, and the
United Kingdom. The most current security of supply arrangement
information, including an up-to-date list of countries, may be found on
the following website: <a href="https://www.businessdefense.gov/security-of-supply.html">https://www.businessdefense.gov/security-of-supply.html</a>.
(2) Any person in the United States requiring assistance in
obtaining the priority delivery of a contract, subcontract, or order in
foreign nations that are signatories to bilateral security of supply
arrangements with the Department of Defense should contact the
Department of Defense DPA Title I Lead in the Office of the Assistant
Secretary of Defense for Industrial Base Policy for assistance.
(3) Persons in foreign nations that are signatories to bilateral
security of supply arrangements with the Department of Defense should
request assistance in accordance with paragraph (b)(1) of this section.
0
27. Revise section 700.58 to read as follows:

Sec. 700.58 Critical infrastructure assistance programs to foreign
nations and international organizations.

(a) Scope. To promote critical infrastructure assistance to foreign
nations, this section provides for authorizing priority ratings to
persons in foreign nations or international organizations (for example,
the North Atlantic Treaty Organization or the United Nations) to obtain
items in the United States in support of approved programs.
(b) Foreign nations or international organizations. (1) Any person
in a foreign nation or representing an international organization
requiring assistance in obtaining items under this part to be purchased
in the United States for support of critical infrastructure protection
and restoration should submit a request for priority rating authority
on Form BIS-999 to the Department of Commerce (see Sec. 700.50(c) for
information on Form BIS-999).
(2) Any person in a foreign nation or representing an international
organization requesting priority rating authority or requiring
assistance in obtaining rated items under this part in support of
critical infrastructure protection and restoration related activities
should submit a request for a determination in writing that the request
supports a program that is necessary or appropriate to promote the
national defense to the Office of Policy and Program Analysis, Federal
Emergency Management Agency, Department of Homeland Security, 500 C
Street SW, Washington, DC 20472; Telephone: (202) 212-2900; Fax: (202)
646-4601; Email: <a href="/cdn-cgi/l/email-protection#90d6d5ddd1bdd4c0d1d0f6f5fdf1bef4f8e3bef7ffe6">[email&#160;protected]</a>, website: <a href="https://www.fema.gov/disaster/defense-production-act">https://www.fema.gov/disaster/defense-production-act</a>.
0
28. Section 700.61 is amended by revising paragraph (a)(1) to read as
follows:

Sec. 700.61 Rating authorization.

(a) * * *
(1) Permits a person to place a priority rating on an order for an
item, such as an item not normally ratable under this regulation; or
* * * * *
0
29. Section 700.63 is amended by revising paragraph (a) to read as
follows:

[[Page 8375]]

Sec. 700.63 Letters of understanding.

(a) A letter of understanding is an official action that may be
issued in resolving special priorities assistance cases to reflect an
agreement reached by all parties (e.g., the Department of Commerce, the
Determination Department, the Delegate Agency, the supplier, the
customer).
* * * * *
0
30. Section 700.70 is amended by revising paragraph (b) to read as
follows:

Sec. 700.70 General provisions.

* * * * *
(b) Willful violation of any of the provisions of Title I or
section 705 of the Defense Production Act, this part, or an official
action of the Department of Commerce, is a criminal act, punishable as
provided in sections 103 and 705 of the Defense Production Act.
0
31. Section 700.71 is amended by revising the first sentence of
paragraph (a) to read as follows:

Sec. 700.71 Audits and investigations.

(a) Audits and investigations are official actions involving the
examination of books, records, documents, other writings, and
information to ensure that the provisions of the Defense Production
Act, the Selective Service Act and related statutes, and this part have
been properly followed. * * *
* * * * *
0
32. Section 700.74 is amended by revising paragraph (a) and paragraph
(c) introductory text to read as follows:

Sec. 700.74 Violations, penalties, and remedies.

(a) Willful violation of the provisions of Title I or sections 705
or 707 of the Defense Production Act, the priorities provisions of the
Selective Service Act and related statutes or this part is a crime and
upon conviction, a person may be punished by fine or imprisonment, or
both as provided in sections 103 and 705 of the Defense Production Act
and in section 468(f) of the Selective Service Act.
* * * * *
(c) In order to secure the effective enforcement of the Defense
Production Act, this part, and official actions, the following are
prohibited (see section 704 of the Defense Production Act; see e.g.,
sections 2 and 371 of Title 18 United States Code):
* * * * *
0
33. Section 700.80 is amended by revising the last sentence in
paragraph (c) to read as follows:

Sec. 700.80 Adjustments or exceptions.

* * * * *
(c) * * * The Office of Strategic Industries and Economic Security
shall respond to requests for adjustment of or exceptions to compliance
with the provisions of this part or an official action within twenty-
five (25) days, not including Saturdays, Sundays or Government
holidays, of the date of receipt.
* * * * *
0
34. Section 700.81 is amended by revising paragraph (b) to read as
follows:

Sec. 700.81 Appeals.

* * * * *
(b) Appeals of denied requests for exceptions from or adjustments
to compliance with the provisions of this part or an official action
must be received by the Assistant Secretary for Export Administration
no later than forty-five (45) days after receipt of a written notice of
denial from the Office of Strategic Industries and Economic Security.
After this forty-five (45) day period, an appeal may be accepted at the
discretion of the Assistant Secretary for Export Administration.
* * * * *
0
35. Revise section 700.93 to read as follows:

Sec. 700.93 Communications.

General communications concerning this part, including how to
obtain copies of this part, explanatory information, and requests for
guidance or clarification, may be addressed to the Office of Strategic
Industries and Economic Security, Room 3876, Department of Commerce,
1401 Constitution Ave. NW, Washington, DC 20230, Ref: DPAS; Telephone
(202) 482-3634, email <a href="/cdn-cgi/l/email-protection#a8ecf8e9fbe8cac1db86ccc7cb86cfc7de">[email&#160;protected]</a>. Request for special priorities
assistance under Sec. 700.50, adjustments or exceptions under Sec.
700.80, or appeals under Sec. 700.81, must be submitted in the manner
specified in those sections.
0
36. Revise Schedule I to Part 700 to read as follows:

Schedule I to Part 700--Approved Programs and Delegate Agencies

Schedule I provides a list of approved programs. They have equal
preferential status. Use of this part in support of an approved program
requires written authorization by the Department of Commerce. The
Department of Commerce has authorized the delegate agencies listed in
the third column to use this part in support of those programs assigned
to them, as indicated below. The Department of Commerce is also listed
as an agency in the third column for programs where its authorization
in writing is necessary to place rated orders (see Sec. 700.51 for
information on how to request priority rating authority).
The Department of Commerce has authorized Delegate Agencies to
place priority ratings on contracts and orders for industrial resources
needed to implement any approved program that has been authorized for
priorities support by the appropriate Resource Department. The program
identification symbol used on priority rated contracts and orders
authorized by the appropriate Resource Department to support the
approved program must also be used on rated orders for industrial
resources needed to implement the approved program. However, any rated
order for industrial resources placed to implement an approved program
that has been authorized for priorities support by a Resource
Department remains subject to the provisions of this part. The program
identification symbols for these approved programs are found under the
``Other Programs'' section of Schedule I.

------------------------------------------------------------------------
Program identification symbol Approved program Agency(ies)
------------------------------------------------------------------------
Defense Programs
------------------------------------------------------------------------
A1............................ Aircraft.............. Department of
Defense.
A2............................ Missiles and Space.... Department of
Defense.
A3............................ Ships................. Department of
Defense.
A4............................ Tank--Automotive...... Department of
Defense.
A5............................ Weapons............... Department of
Defense.
A6............................ Ammunition............ Department of
Defense.
A7............................ Electronic and Department of
communications Defense.
equipment.
B1............................ Military building Department of
supplies. Defense.
B8............................ Production equipment Department of
(for defense Defense.
contractor's account).
B9............................ Production equipment Department of
(Government owned). Defense.

[[Page 8376]]

C2............................ Department of Defense Department of
construction. Defense.
C3............................ Maintenance, repair, Department of
and operating Defense.
supplies (MRO) for
Department of Defense
facilities.
C9............................ Miscellaneous......... Department of
Defense.
------------------------------------------------------------------------
Military Assistance to Canada
------------------------------------------------------------------------
D1............................ Canadian military Department of
programs. Commerce.
D2............................ Canadian production Department of
and construction. Commerce.
D3............................ Canadian atomic energy Department of
program. Commerce.
------------------------------------------------------------------------
Military Assistance to Other Foreign Nations
------------------------------------------------------------------------
G1............................ Certain munitions Department of
items purchased by Commerce.
foreign governments
through domestic
commercial channels
for export.
G2............................ Certain direct defense Department of
needs of foreign Commerce.
governments other
than Canada.
G3............................ Foreign nations (other Department of
than Canada) Commerce.
production and
construction.
------------------------------------------------------------------------
Critical Infrastructure Assistance to Foreign Nations
------------------------------------------------------------------------
G4............................ Foreign critical Department of
infrastructure Commerce.
programs.
------------------------------------------------------------------------
Co-Production
------------------------------------------------------------------------
J1............................ Co-Production Program. Departments of
Commerce and
Defense.
------------------------------------------------------------------------
Atomic Energy Programs
------------------------------------------------------------------------
E1............................ Construction.......... Department of
Energy.
E2............................ Operations--including Department of
maintenance, repair, Energy.
and operating
supplies (MRO).
E3............................ Privately owned Department of
facilities. Energy.
------------------------------------------------------------------------
Domestic Energy Programs
------------------------------------------------------------------------
F1............................ Exploration, Department of
production, refining, Energy.
and transportation.
F2............................ Conservation.......... Department of
Energy.
F3............................ Construction, repair, Department of
and maintenance. Energy.
------------------------------------------------------------------------
Other Defense, Energy, and Related Programs
------------------------------------------------------------------------
H1............................ Certain combined Department of
orders (see Sec. Commerce.
700.17(c)).
H5............................ Private domestic Department of
production. Commerce.
H6............................ Private domestic Department of
construction. Commerce.
H7............................ Maintenance, repair, Department of
and operating Commerce.
supplies (MRO).
H8............................ Designated Programs... Department of
Commerce.
K1............................ Federal supply items.. General Services
Administration.
------------------------------------------------------------------------
Homeland Security Programs
------------------------------------------------------------------------
N1............................ Federal emergency Department of
preparedness, Homeland
mitigation, response, Security.
and recovery.
N2............................ State, local, tribal, Department of
and territorial Homeland
government emergency Security.
preparedness,
mitigation, response,
and recovery.
N3............................ Intelligence and Department of
warning systems. Homeland
Security.
N4............................ Border and Department of
transportation Homeland
security. Security.
N5............................ Domestic counter- Department of
terrorism, including Homeland
law enforcement. Security.
N6............................ Chemical, biological, Department of
radiological, and Homeland
nuclear Security.
countermeasures.
N7............................ Critical Department of
infrastructure Homeland
protection and Security.
restoration.
N8............................ Continuity of Department of
Government. Homeland
Security.
------------------------------------------------------------------------
Other Programs
------------------------------------------------------------------------
Health Resources/Health Resources Priorities and Allocations System
(HRPAS):
------------------------------------------------------------------------
M1............................ Pharmaceuticals and
biological related
products.
M2............................ Health, medical, and
safety supply chains.
M3............................ Health related
equipment, devices,
and material.
M4............................ Vaccines..............
M5............................ Mental Health.........
M6............................ Mitigation measures...
M7............................ Facilities............
M8............................ Personal protective
equipment.
M9............................ Miscellaneous.........

[[Page 8377]]

[80 FR 42408; Jul. 15, 2015]..
------------------------------------------------------------------------
Food Resources/Agriculture Priorities and Allocations System (APAS):
------------------------------------------------------------------------
P1............................ Food and food
resources (civilian).
P2............................ Agriculture and food
critical
infrastructure
protection and
restoration.
P3............................ Food resources (combat
rations).
P4............................ Certain combined
orders.
[80 FR 63890; Dec. 21, 2015]..
------------------------------------------------------------------------
Transportation Resources/Transportation Priorities and Allocations
System (TPAS):
------------------------------------------------------------------------
T1............................ Federal emergency
preparedness,
mitigation, response,
and recovery.
------------------------------------------------------------------------

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration
[FR Doc. 2024-01930 Filed 2-6-24; 8:45 am]
BILLING CODE 3510-JT-P

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