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DOT/OST RIN: 2105-AD83 Publication ID: Spring 2011 
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. 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. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 49 CFR 33   
Legal Authority: Defense Production Act of 1950    50 USC app sec 2061 et seq   
Legal Deadline:
Action Source Description Date
Final  Statutory  Final rule  06/27/2010 
Timetable:
Action Date FR Cite
NPRM  02/15/2011  76 FR 8675   
NPRM Comment Period End  03/17/2011    
Final Rule  08/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: Undetermined 
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:
Donna O'Berry
Attorney
Department of Transportation
Office of the Secretary
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-6136
Email: donna.oberry@dot.gov