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DOC/BIS RIN: 0694-AE81 Publication ID: Fall 2011 
Title: Revisions to Defense Priorities and Allocations System Regulations 
Abstract: This rule adds certain standards and procedures for assigning priority ratings to purchase orders or contracts (priority authority) and for allocating materials, services and facilities to promote the national defense (allocation authority). The only comment that BIS received in response to the June 2010 rule issued under this RIN raised a procedural question about the precedence of allocation authority orders over priority authority orders set forth in that rule. After reviewing that comment and conducting further internal deliberations, BIS concluded that such precedence might not always best serve the national defense interest that the rule is intended to support. The second proposed rule recognizes that, under some circumstances prioritization authority and allocation authority might be used to complement one another rather than as alternatives, as an absolute precedence for allocations orders would imply. In addition, as a result of its internal deliberations, BIS concluded that a number of changes to the June 2010 proposed rule were appropriate. Those changes included allowing either personal service or constructive notice through Federal Register publication of allocation orders rather than personal service of all such orders and establishing a new procedure for requesting priority authority for homeland security, emergency preparedness, and critical infrastructure protection and restoration assistance programs within the United States. BIS concluded that these changes make the rule sufficiently different from the proposed in June 2010 that second proposed rule is needed. 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 15 CFR 700   
Legal Authority: 10 USC 2538    42 USC 5195 et seq    50 USC 82    50 USC 2061 et seq    50 USC 468    EO 12656    EO 12742    EO 12919    EO 13286   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  Sec 4 of the Defense Production Reauthorization Act of 2009, PL 111-67  06/20/2010 
Timetable:
Action Date FR Cite
NPRM  06/07/2010  75 FR 32122   
NPRM Comment Period End  07/07/2010    
Second NPRM  02/00/2012    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
William Arvin
Policy Analyst
Department of Commerce
Bureau of Industry and Security
HCHB Room 2096, 14th Street and Pennsylvania Avenue NW.,
Washington, DC 20230
Phone:202 482-2440
Fax:202 482-3355
Email: william.arvin@bis.doc.gov