Notice2026-02578
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Official Actions Under the Defense Priorities and Allocations System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2026
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5887-5888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02578]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Official Actions Under the Defense Priorities and Allocations
System
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notice of information collection, request for comment.
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SUMMARY: The Department of Commerce, in accordance with the Paperwork
Reduction Act of 1995 (PRA), invites the general public and other
Federal agencies to comment on proposed, and continuing information
collections, which helps us assess the impact of our information
collection requirements and minimize the public's reporting burden. The
purpose of this notice is to allow for 60 days of public comment
preceding submission of the collection to OMB.
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before April 13, 2026.
ADDRESSES: Interested persons are invited to submit comments by email
to Nancy Kook, IC Liaison, Bureau of Industry and Security, at
<a href="/cdn-cgi/l/email-protection#b8e8eaf9f8dad1cb96dcd7db96dfd7ce"><span class="__cf_email__" data-cfemail="40101201002229336e242f236e272f36">[email protected]</span></a> or to <a href="/cdn-cgi/l/email-protection#a3f3f1e2c0cccecec6cdd7d0e3c7ccc08dc4ccd5"><span class="__cf_email__" data-cfemail="fdadafbc9e9290909893898ebd99929ed39a928b">[email protected]</span></a>. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
specific questions related to collection activities should be directed
to Nancy Kook, IC Liaison, Bureau of Industry and Security, phone 202-
482-2440 or by email at <a href="/cdn-cgi/l/email-protection#a7f7f5e6e7c5ced489c3c8c489c0c8d1"><span class="__cf_email__" data-cfemail="e2b2b0a3a2808b91cc868d81cc858d94">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Bureau of Industry and Security (BIS) administers the Defense
Priorities and Allocations System (DPAS) regulation which implements
the priorities and allocations authority under Title I of the Defense
Production Act of 1950, as amended (DPA) (50 U.S.C. 4501, et seq.),
with respect to all materials, services, and facilities, including
construction materials, not delegated to other Secretaries under
Executive Order (E.O.) 13603, and the priorities authority of the
Military Selective Service Act of 1948 (SSA) (50 U.S.C. 3816),
delegated to the Secretary under E.O. 12742 with respect to all
materials and facilities, including construction materials, not
delegated to other Secretaries. These materials, services, and
facilities are referred to as ``industrial resources.''
The DPAS regulation has two principal authorities: (1) priorities
authority, which implements the DPA Title I and SSA priorities
authorities; and (2) allocations authority, which implements the DPA
Title I allocations authority. Under the priorities authorities, the
DPAS regulation establishes procedures for the placement and
preferential acceptance and performance of priority rated contracts and
orders, other than contracts of employment, supporting approved
programs (referred to as ``rated orders'').
Under the allocations authorities, certain materials, services, and
facilities may be allocated to promote the national defense, as defined
in the DPA. Section 704 of the DPA authorizes the President to make
such regulations and issue such orders as the President determines to
be appropriate to carry out the provisions of the DPA. Section 705 of
the DPA authorizes the President to obtain information by regulation,
subpoena, or otherwise as may be necessary or appropriate to the
enforcement or the administration of the Act and implementing
regulations. Both the DPA and SSA provide for criminal and civil
penalties for willful violation of the DPA or SSA, and any regulations,
rule, or order issued under the authority of the DPA or SSA. Consistent
with section 705 of the DPA, under section 700.91 of the DPAS
regulation, persons are required to make, and preserve for at least
three years, accurate and complete records of any transaction covered
by the DPAS regulation or an official action.
In accordance with the DPAS regulation, BIS may take action under
the DPAS regulation as necessary or appropriate to promote the national
defense. Such actions are referred to as ``official actions.'' Official
actions issued under the priorities authorities of the DPAS regulation
include the following: (1) rating authorizations, which grant specific
priority rating authority (i.e., authorizes placement of rated orders);
(2) directives, which require a person from taking or refraining from
taking certain actions under the DPAS Regulation relating to rated
orders; and (3) letters of understanding, which may be used to resolve
SPA requests to reflect an agreement reached by all parties related to
rated orders. Official actions under the allocations authorities of the
DPAS regulation are referred to as allocation orders, and include the
following actions: (1) set-asides, which
[[Page 5888]]
require a person to reserve materials, services, or facilities capacity
in anticipation of the receipt of rated orders; (2) directives, which
require a person from take or refrain from taking certain actions in
accordance with its provisions; and (3) allotments, which specify the
maximum quantity of a material, service, or facility authorized for a
specific use to promote the national defense. Lastly, as outlined in
the DPAS regulation, BIS may conduct audits and investigations to
ensure compliance with the DPAS regulation, DPA, the SSA, and related
statutes, and may result in the following official actions: (1) an
administrative subpoena, (2) a demand for information, or (3) an
inspection authorization. BIS has not issued an allocation order in
over a decade, nor has BIS issued an administrative subpoena, demand
for information, or inspection authorization during the same time
period. As a result, BIS does not have an Information Collection in
place for these types of official actions.
Under Presidential Proclamation 10962 (``Adjusting Imports of
Copper Into the United States''), dated July 30, 2025, the President
found that copper input materials and high-quality copper scrap are a
scarce and critical material essential to the national defense, meeting
the criteria specified in section 101(b) of the DPA (90 FR 37727). With
these findings, the President authorized the Secretary to use the
Secretary's delegated authority under E.O. 13603 to implement the
domestic sales requirements as recommended in the ``Effect of the
Import of Copper Products on the U.S. National Security'' report, dated
June 30, 2025. This proposed Information Collection Request covers the
information necessary to support the execution of official actions
taken by BIS in response to the Presidential findings under section
101(b) of the DPA, as well as any future official actions issued under
the DPAS regulation required to promote the national defense.
II. Method of Collection
Electronic.
III. Data
OMB Control Number: 0694-XXXX.
Form Number(s): None.
Type of Review: Regular submission. This is a new information
collection.
Affected Public: Business or other for-profit organizations.
Estimated Number of Respondents: 500.
Estimated Time per Response: 18.
Estimated Total Annual Burden Hours: 9,000 hours.
Estimated Total Annual Cost to Public: $396,000.
Respondent's Obligation: Mandatory.
Legal Authority: Title I of the Defense Production Act of 1950, as
amended (DPA) (50 U.S.C. 4501, et seq.).
IV. Request for Comments
We are soliciting public comments to permit the Department to: (a)
Evaluate whether the proposed information collection is necessary for
the proper functions of the Department, including whether the
information will have practical utility; (b) Evaluate the accuracy of
our estimate of the time and cost burden for this proposed collection,
including the validity of the methodology and assumptions used; (c)
Evaluate ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) Minimize the reporting burden on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you may ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Sheleen Dumas,
Departmental PRA Compliance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2026-02578 Filed 2-9-26; 8:45 am]
BILLING CODE 3510-33-P
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