2105-AD83 201110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2105 Office of the Secretary OST 2100 Department of Transportation DOT Prioritization and Allocation Authority Exercised By the Secretary of Transportation Under the Defense Production Act 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. In the 2009 DPA reauthorization legislation, Congress mandated that each Federal agency with delegated authority under title I of the DPA develop final rules that establish standards and procedures for implementing its delegated authority in emergency and nonemergency conditions. Additionally, Congress mandated that, to the extent practicable, the rules be consistent and unified. DOT is part of an interagency working group, along with the other delegated agencies, that is developing consistent unified rules. Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 49 CFR 33 Defense Production Act of 1950 50 USC App sec 2061 et seq Statutory Final 06/27/2010 Final rule No NPRM 02/15/2011 76 FR 8675 NPRM Comment Period End 03/17/2011 Final Rule 01/00/2012 No No None No www.regulations.gov www.regulations.gov No No Donna O'Berry 2105 Office of the Secretary OST 202 366-6136 donna.oberry@dot.gov 1200 New Jersey Avenue SE, Washington DC 20590