[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR216.1]

[Page 66-67]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 216_MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS 
OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES--Table of Contents
 
Sec. 216.1  Introduction.




Sec.
216.1 Introduction.
216.2 Definitions.
216.3 Requests for assistance.
216.4 Evaluation by DOE of applications.
216.5 Notification of findings.
216.6 Petition for reconsideration.
216.7 Conflict in priority orders.
216.8 Communications.
216.9 Violations.

    Authority: Section 104 of the Energy Policy and Conservation Act 
(EPCA) Pub. L. 94-163, 89 Stat. 871; and section 101(c) of the Defense 
Production Act of 1950 (DPA) (50 U.S.C. App. 2071(c)), as amended; 
section 7, E.O. 11912, April 13, 1976; Defense Mobilization Order No. 
13, Sept. 22, 1976; 44 CFR Part 330; Defense Priorities and Allocations 
System Delegation No. 2, 49 FR 30430.

    Source: 43 FR 6212, Feb. 14, 1978, unless otherwise noted.


    (a) This part describes and establishes the procedures to be used by 
the Department of Energy (``DOE'') in considering and making certain 
findings required by section 101(c)(3) of the Defense Production Act of 
1950, as amended, 50 U.S.C. App. 2071(c)(3) (``DPA''). Section 101(c) 
authorizes the allocation of, or priority performance under contracts or 
orders (other than contracts of employment) relating to, supplies of 
materials and equipment in order to maximize domestic energy supplies if 
the findings described in section 101(c)(3) are made. Among these 
findings are that such supplies of materials and equipment are critical 
and essential to maintain or further exploration, production, refining, 
transportation or the conservation of energy supplies or for the 
construction and maintenance of energy facilities. The function of 
finding if such supplies are critical and essential was delegated to the 
Administrator of the Department of Energy (``DOE'') pursuant to 
Executive Order

[[Page 67]]

11912 of April 13, 1976, Defense Mobilization Order (``DMO'') No. 13 
dated September 22, 1976, 41 FR 43720, and Department of Commerce, 
Bureau of Domestic Commerce, Delegation No. 4, effective date December 
1, 1976, 41 FR 52331. Delegation No. 4 was superseded by Defense 
Priorities and Allocations System Delegation No. 2, effective date 
August 29, 1984, 49 FR 30430. On October 1, 1977, pursuant to section 
301(a) of the Department of Energy Organization Act (Pub. L. 95-91), all 
of the functions of DOE and all of the functions of the DOE 
Administrator were transferred to the Secretary of Energy.
    (b) The purpose of these regulations is to establish the procedures 
and the criteria to be used by DOE in determining whether programs or 
projects maximize domestic energy supplies and finding whether or not 
supplies of material and equipment are critical and essential, as 
required by DPA section 101(c)(3). The critical and essential finding 
will be made only for supplies of materials and equipment related to 
those programs or projects determined by DOE to maximize domestic energy 
supplies. These regulations do not require or imply that the findings, 
on which the exercise of such authority is conditioned, will be made in 
any particular case.
    (c) If DOE determines that a program or project maximizes domestic 
energy supplies and finds that supplies of materials and equipment are 
critical and essential to maintain or further the exploration, 
production, refining, transportation or conservation of energy supplies 
or for the construction and maintenance of energy facilities, such 
determination and finding will be communicated to the Department of 
Commerce. If not, the applicant will be so informed. If the 
determination and finding described above are made, the Department of 
Commerce, pursuant to DPA section 101(c), Executive Order 11912 and DMO 
No. 13, will find whether or not (1) the supplies of materials and 
equipment in question are scarce and (2) maintenance or furtherance of 
exploration, production, refining, transportation, or conservation of 
energy supplies or the construction and maintenance of energy facilities 
cannot be reasonably accomplished without exercising the authority 
specified in section 101(c). If these additional two findings are made, 
the Department of Commerce will notify DOE, and DOE will inform the 
applicant that it has been granted the right to use priority ratings 
under the Defense Priorities and Allocations System (``DPAS'') 
regulation established by the Department of Commerce, 15 CFR 350.

[43 FR 6212, Feb. 14, 1978, as amended at 51 FR 8311, Mar. 11, 1986]