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DOT/OST RIN: 2105-AD83 Publication ID: Fall 2009 
Title: Prioritization and Allocation Authority Exercised by the Secretary of Transportation Under the Defense Production Act 
Abstract: This rulemaking would clarify the prioritization and allocation authorities exercised by the Secretary of Transportation under the Defense Production Act (DPA). The DPA is the President´s primary authority to ensure timely availability of private sector resources for national defense. In addition to military and energy activities, the definition of "national defense" includes emergency preparedness activities conducted pursuant to Title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act and the protection and restoration of critical infrastructure. Under Title I of the DPA, the President has the authority to require the acceptance and prioritization of contracts and orders -- and to allocate materials, services, and facilities -- in support of the national defense. Under Section 201 of Executive Order 12919, the President has delegated these prioritization and allocation authorities to the Secretary of Transportation for all forms of civil transportation. Although DOT has internal protocols for its prioritization and allocation authorities, a recent GAO Report recommended -- and DOT agreed in the report -- that the Department should develop and implement a priorities and allocation system. DOT further stated that it would "develop regulations" for such a system. Much of the decision making takes place within the Department; however, a regulation clarifying the Department´s authorities and procedures under the DPA would help to facilitate and expedite, if necessary, the provision of civil transportation in the national defense. 
Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Ronald Jackson
Department of Transportation
Office of the Secretary
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 366-9151
Email: ronald.jackson@dot.gov