[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Rules and Regulations]
[Pages 39526-39534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6123]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 700
[Docket No. 060614165-6165-01]
RIN 0694-AD79
Defense Priorities and Allocations System (DPAS): Administrative
and Technical Corrections
AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Defense Priorities and Allocations System (DPAS) Regulation (15 CFR
part 700) to make administrative and technical corrections. These
amendments do not alter the substance or effect of the DPAS regulation.
DATES: This rule is effective July 13, 2006.
FOR FURTHER INFORMATION CONTACT: Liam McMenamin, Office of Strategic
Industries and Economic Security, Bureau of Industry and Security, U.S.
Department of Commerce, Telephone: (202) 482-2233.
SUPPLEMENTARY INFORMATION:
Background
Under Title I of the Defense Production Act of 1950 (DPA), as
amended, (50 U.S.C. App. 2061, et seq.), the President is authorized to
require preferential acceptance and performance of contracts or orders
supporting certain approved national defense and energy programs, and
to allocate materials, services, and facilities in such a manner as to
promote these approved programs. Additional priorities authority is
found in section 18 of the Selective Service Act of 1948 (50 U.S.C.
App. 468), 10 U.S.C. 2538, and 50 U.S.C. 82. The President delegated
the priorities and allocations authorities of the DPA in Executive
Order 12919 (June 3, 1994; amended by Executive Order 13286, February
28, 2003). As part of that delegation, the President designated the
Secretary of Commerce to administer the Defense Priorities and
Allocations System (DPAS). DPAS authority has also been extended to
support emergency preparedness activities under Title VI of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act), as amended (42 U.S.C. 5195, et seq.). The DPAS regulation is
found at 15 CFR part 700.
As part of its periodic review of the DPAS regulation, the
Department of Commerce has identified several typographical errors and
outdated provisions in the DPAS regulation. Accordingly, this rule
amends the DPAS regulation to correct those errors and delete outdated
or obsolete provisions and language. This rule also amends the list of
approved programs in Schedule I to the regulation.
Amendments to the DPAS Regulation
This rule revises the DPAS regulation by correcting the citation to
the Defense Production Act's definition of ``national defense'' in
section 700.1(c) and notes that the definition of this term was amended
in the December 2003 reauthorization of the Defense Production Act
(Pub. L. 108-195) to include critical infrastructure protection and
restoration.
This rule also corrects a typographical error in section 700.2(a)
by replacing ``Schedule 1'' with ``Schedule I.''
This rule removes erroneous references in section 700.2(c),
700.10(b), 700.18(b)(1)(i), 700.18(b)(2), and 700.55(b)(2) to copies of
delegations of authority and memoranda of understanding being provided
as appendices to part 700. The Department has not published these
documents as appendices to part 700 since 1998, following a
determination that these documents are of limited public interest
because they describe administrative interagency agreements.
This rule replaces the words ``Director, Federal Emergency
Management Agency'' with ``Secretary of Homeland Security'' in the
definition of Approved Program in section 700.8 to reflect the
amendments to Executive Order 12919 contained in Executive Order 13286.
This rule changes the program identification symbol examples in
section 700.11(c) from ``A1, B2, or H6'' to read ``A1, C2, or N1.''
Program identification symbols indicate which approved program is being
supported by
[[Page 39527]]
a rated order. The ``B2'' symbol is not an approved program
identification symbol and the ``H6'' symbol is not commonly used.
This rule corrects a citation error in section 700.18(a)(2)(iv)(b).
Information on requesting priority rating authority is found in section
700.51, not in section 700.53.
This rule adds a sentence to section 700.18(b)(1)(i) clarifying
that the Departments of Agriculture and Commerce have agreed that the
Department of Defense may place rated contracts and orders for food
resources in support of troops, including but not limited to, meals
ready to eat (MRE), ``tray-packs'' (T-rations), A-rations, and B-
rations. The 1991 agreement between the Departments of Agriculture and
Commerce is recorded as Attachment A to the Department of Commerce's
delegation of authority to the Department of Defense. This rule also
removes the erroneous reference in section 700.18(b)(1)(i) to a copy of
the Department of Commerce's delegation of authority to the Department
of Defense being provided as an appendix to part 700.
This rule removes erroneous references to a memorandum of
understanding between the Departments of Commerce and Interior in
sections 700.18(b)(1)(vii) and 700.18(b)(2). The Department of Commerce
terminated this memorandum of understanding in 1998.
This rule removes section 700.30(b). The Department of Commerce has
rescinded DPAS Emergency Delegation 1. The Department of Commerce has
reviewed its emergency preparedness plans and determined that DPAS
Emergency Delegation 1 is not necessary to administer this regulation
in a national emergency because the Department's internal emergency
plans provide for continuation of the DPAS and related activities.
This rule corrects a citation error in section 700.60(b).
Administrative Subpoenas, Demands for Information, and Inspection
Authorizations are discussed in section 700.71(c), not in section
700.71(b).
This rule changes the name ``Office of Industrial Resource
Administration,'' referenced in sections 700.72(b) and 700.93, to
``Office of Strategic Industries and Economic Security'' to reflect the
current name of that organization.
This rule corrects an error in section 700.81(b) related to the
title of the official who has the discretion to accept an appeal after
the prescribed 45-day period for good cause shown. The Assistant
Secretary for Export Administration has this discretion.
This rule revises Schedule I to the regulation by adding a list of
Homeland Security programs in the first column to reflect the
Department of Commerce's March 2006 DPAS delegation to the Department
of Homeland Security.
This rule revises the current N1 program identification symbol and
adds N2-N8 to the list of approved programs for priorities and
allocations support in Schedule I's first and second columns. The
Department of Homeland Security provided the Department of Commerce
with the list of Homeland Security programs approved for priorities and
allocations support in June 2006.
This rule also replaces the words ``Federal Emergency Management
Agency'' with ``Department of Homeland Security'' in Schedule I's third
column to reflect the March 2006 DPAS delegation to the Department of
Homeland Security.
This rule changes the names of the Department of Defense agencies
listed in footnote 1 to Schedule I to reflect the current
organizational structure of the Department of Defense.
This rule also corrects an error in Appendix I to part 700 by
replacing the former Form BXA-999, ``Request for Special Priorities
Assistance,'' with a copy of the current Form BIS-999, ``Request for
Special Priorities Assistance.''
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 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.) unless the collection of information displays a currently valid
Office of Management and Budget control number. This rule does not
involve any collections of information that are subject to the
Paperwork Reduction Act.
3. This rule does not contain policies with federalism implications
as this term is defined in Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
(APA) requiring prior notice and the opportunity for public comment.
Because these revisions are not substantive changes to the DPAS
regulation, and because the nature of these changes is of little public
interest, it is unnecessary to provide notice and opportunity for
public comment under APA standards. In addition, the 30-day delay in
effectiveness required by 5 U.S.C. 553(d) is not applicable because
this rule is not a substantive rule. It is purely administrative in
nature and does not affect the rights of the public. No other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule.
The analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601, et seq.) are not applicable because notice of proposed
rulemaking and opportunity for public comment are not required to be
given for this rule under the Administrative Procedure Act or by any
other law.
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.
0
For the reasons discussed in the preamble, the Department of Commerce
amends 15 CFR part 700 as follows:
PART 700--[AMENDED]
0
1. The authority citation for part 700 continues to read as follows:
Authority: Titles I and VII of the Defense Production Act of
1950, as amended (50 U.S.C. App. 2061, et seq.), Title VI of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), Executive Order 12919, 59 FR 29525, 3 CFR,
1994 Comp. 901, and Executive Order 13286, 68 FR 10619, 3 CFR, 2003
Comp. 166; section 18 of the Selective Service Act of 1948 (50
U.S.C. App. 468), 10 U.S.C. 2538, 50 U.S.C. 82, and Executive Order
12742, 56 FR 1079, 3 CFR, 1991 Comp. 309; and Executive Order 12656,
53 FR 226, 3 CFR, 1988 Comp. 585.
0
2. In Sec. 700.1, revise the second sentence in paragraph (c) to read
as follows:
Sec. 700.1 Purpose of this regulation.
* * * * *
(c) * * * The definition of ``national defense'' in section 702(14)
of the Defense Production Act provides that this term includes
``emergency preparedness activities'' conducted pursuant to Title VI of
the Stafford Act and ``critical infrastructure protection and
restoration.''
* * * * *
0
3. In Sec. 700.2, revise the last sentence in paragraph (a) and
paragraph (c) to read as follows:
[[Page 39528]]
Sec. 700.2 Introduction.
(a) * * * A complete list of currently approved programs is
provided at Schedule I to this part.
* * * * *
(c) Commerce has delegated authorities to place priority ratings on
contracts or orders necessary or appropriate to promote the national
defense to the government agencies that issue such contracts or orders.
Schedule I includes a list of agencies delegated this authority.
0
4. In Sec. 700.8, revise the definition of Approved Program to read as
follows:
Sec. 700.8 Definitions.
* * * * *
Approved program. A program determined 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 Homeland Security, under the authority of the Defense Production
Act, the Stafford Act, and Executive Order 12919, or the Selective
Service Act and related statutes and Executive Order 12742.
* * * * *
0
5. In Sec. 700.10, revise paragraph (b) to read as follows:
Sec. 700.10 Delegation of authority.
* * * * *
(b) Within the Department of Commerce, these responsibilities have
been assigned to the Office of Strategic Industries and Economic
Security. The Department of Commerce has authorized the Delegate
Agencies to assign priority ratings to orders for items needed for
approved programs.
0
6. In Sec. 700.11, revise the first sentence in paragraph (c) to read
as follows:
Sec. 700.11 Priority ratings.
* * * * *
(c) Priority ratings. A priority rating consists of the rating
symbol--DO and DX--and the program identification symbol, such as A1,
C2, or N1. * * *
0
7. In Sec. 700.18, revise the second sentence in paragraph
(a)(2)(iv)(B) and paragraphs (b)(1) and (b)(2) to read as follows:
Sec. 700.18 Limitations on placing rated orders.
* * * * *
(2) * * *
(iv) * * *
(B) * * * [For information on requesting priority rating authority,
see Sec. 700.51.]
* * * * *
(b) Jurisdiction limitations. (1) The priorities and allocations
authority for certain items have been delegated under Executive Orders
12919 and 12742, other executive order, or Interagency Memoranda of
Understanding to other agencies. Unless otherwise agreed to by the
concerned agencies, the provisions of this part are not applicable to
these items which include:
(i) Food resources, food resource facilities, and the domestic
distribution of farm equipment and commercial fertilizer (Department of
Agriculture) (The Department of Agriculture and the Department of
Commerce have agreed that the Department of Defense may place rated
contracts and orders for food resources in support of troops, including
but not limited to, meals ready to eat (MREs), ``tray-packs'' (T-
rations), A-rations, and B-rations);
(ii) All forms of energy, including radioisotopes, stable isotopes,
source material, and special nuclear material produced in Government-
owned plants or facilities operated by or for the Department of Energy
(Department of Energy);
(iii) Health resources (Department of Health and Human Services);
(iv) All forms of civil transportation (Department of
Transportation);
(v) Water resources (Department of Defense/U.S. Army Corps of
Engineers); and
(vi) Communications services (National Communications System under
Executive Order 12472 of April 3, 1984).
(2) The jurisdiction of the Department of Commerce and the
Departments of Energy and Agriculture over certain specific items
included in the categories listed above has been clarified by
Interagency Memoranda of Understanding.
* * * * *
0
8. In Sec. 700.30, remove and reserve paragraph (b).
0
9. In Sec. 700.55, revise paragraph (b)(2) to read as follows:
Sec. 700.55 Assistance programs with Canada and other nations.
* * * * *
(b) * * *
(2) The Department of Commerce coordinates with the Canadian Public
Works and Government Services Canada on all matters of mutual concern
relating to the administration of this regulation.
* * * * *
0
10. In Sec. 700.60, revise the second sentence in paragraph (b) to
read as follows:
Sec. 700.60 General provisions.
* * * * *
(b) * * * Other official actions which pertain to compliance
(Administrative Subpoenas, Demands for Information, and Inspection
Authorizations) are discussed in Sec. 700.71(c).
0
11. In Sec. 700.72, revise paragraph (b) to read as follows:
Sec. 700.72 Compulsory process.
* * * * *
(b) Compulsory process may be sought in advance of an audit,
investigation, or other inquiry, if, in the judgment of the Director of
the Office of Strategic Industries and Economic Security, U.S.
Department of Commerce, in consultation with the Chief Counsel for
Industry and Security, U.S. Department of Commerce, there is reason to
believe that a person will refuse to permit an audit, investigation, or
other inquiry, or that other circumstances exist which make such
process desirable or necessary.
0
12. In Sec. 700.81, revise the last sentence in paragraph (b) to read
as follows:
Sec. 700.81 Appeals.
* * * * *
(b) * * * After this 45-day period, an appeal may be accepted at
the discretion of the Assistant Secretary for Export Administration for
good cause shown.
* * * * *
0
13. Revise Sec. 700.93 to read as follows:
Sec. 700.93 Communications.
All communications concerning this regulation, including requests
for copies of the regulation and explanatory information, requests for
guidance or clarification, and requests for adjustment or exception
shall be addressed to the Office of Strategic Industries and Economic
Security, Room 3876, U.S. Department of Commerce, Washington, DC 20230,
Ref: DPAS; telephone: (202) 482-3634 or fax: (202) 482-5650.
[[Page 39529]]
Schedule I to Part 700--Approved Programs and Delegate Agencies
* * * * *
0
14. In Schedule I to Part 700, add the heading ``Homeland security
programs'', revise N1, add N2-N8, and revise \1\ to read as follows:
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\1\ Department of Defense includes: The Office of the Secretary
of Defense, the Military Departments, the Joint Staff, the Combatant
Commands, the Defense Agencies, the Defense Field Activities, all
other organizational entities in the Department of Defense, and, for
purposes of this regulation, the Central Intelligence Agency and the
National Aeronautics and Space Administration as Associated
Agencies.
------------------------------------------------------------------------
Program identification symbol Approved program Delegate agency
------------------------------------------------------------------------
* * * * * * *
Homeland security programs:
N1........................ Federal emergency Department of
preparedness, Homeland
mitigation, response, Security.
and recovery.
N2........................ State, local, tribal Do.
government emergency
preparedness,
mitigation, response,
and recovery.
N3........................ Intelligence and Do.
warning systems.
N4........................ Border and Do.
transportation
security.
N5........................ Domestic and counter- Do.
terrorism, including
law enforcement.
N6........................ Chemical, biological, Do.
radiological, and
nuclear
countermeasures.
N7........................ Critical Do.
infrastructure
protection and
restoration.
N8........................ Miscellaneous......... Do.
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* * * * *
0
15. Revise Appendix I to part 700 to read as follows:
Appendix I to Part 700--Form BIS-999--Request for Special Priorities
Assistance
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[GRAPHIC] [TIFF OMITTED] TR13JY06.001
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[GRAPHIC] [TIFF OMITTED] TR13JY06.002
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Dated: July 3, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 06-6123 Filed 7-12-06; 8:45 am]
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