[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Rules and Regulations]
[Pages 10980-10985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3773]


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DEPARTMENT OF ENERGY

10 CFR Part 216

48 CFR Parts 911 and 952

RIN 1991-AB69


Defense Priorities and Allocations System

AGENCY: Department of Energy.

ACTION: Direct final rule.

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SUMMARY: The Department of Energy (DOE) today is issuing a direct final 
rule to update the DOE regulations which implement DOE's delegated 
authority under section 101(c) of the Defense Production Act of 1950 
(DPA). Section 101(c) provides authority to the President of the United 
States (President) to require the allocation of, or priority 
performance under contracts or orders relating to, materials and 
equipment, services, or facilities, in order to maximize domestic 
energy supplies, if the President makes certain findings. The 
President's authority under section 101(c) was delegated to the 
Secretary of Commerce and the Secretary of Energy. This final rule 
makes a number of changes to conform to a 1991 amendment to the DPA 
which broadens the scope of authority in section 101(c). This final 
rule also makes conforming changes to Department of Energy Acquisition 
Regulation (DEAR).

DATES: This direct final rule is effective April 29, 2008, unless 
adverse or critical comments are received by March 31, 2008. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: This direct final rulemaking is available and comments may 
be submitted online at http://www.Regulations.gov. Comments may be 
submitted by e-mail to [email protected]. Comments may be mailed 
to: Mike Soboroff, U.S. Department of Energy, Office of Electricity and 
Energy Assurance, OE-30, 1000 Independence Avenue, SW., Washington, DC 
20585. Comments by e-mail are encouraged.

FOR FURTHER INFORMATION CONTACT: Mike Soboroff at (202) 586-4936 or via 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Discussion
II. Final Action
III. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under Executive Order 12988
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act

[[Page 10981]]

    E. Review Under the National Environmental Policy Act
    F. Review Under Executive Order 13132
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 13211
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under the Small Business Regulatory Enforcement 
Fairness Act of 1996
    L. Approval by the Office of the Secretary of Energy

I. Discussion

    The purpose of this final rule is to update DOE regulations at 10 
CFR part 216, which implement DOE's delegated authority under section 
101(c) of the DPA, to reflect a 1991 amendment to that section. Section 
101(c) provides authority to require the allocation of, or priority 
performance under contracts or orders relating to, materials and 
equipment, services, and facilities in order to maximize domestic 
energy supplies, if DOE and the Department of Commerce make certain 
findings.
    As originally enacted in 1975, section 101(c)(1) authorized the 
President to require the allocation of, or priority performance under 
contracts or orders relating to, supplies of materials and equipment, 
in order to maximize domestic energy supplies if the President made the 
following findings described in section 101(c)(3):
    (A) Such supplies are scarce, critical, and essential to maintain 
or further (i) exploration, production, refining, transportation, or 
(ii) the conservation of energy supplies, or (iii) for the construction 
and maintenance of energy facilities; and
    (B) Maintenance or furtherance of exploration, production, 
refining, transportation, or conservation of energy supplies or the 
construction and maintenance of energy facilities cannot reasonably be 
accomplished without exercising the authority specified in subsection 
(c)(1).
    Executive Order (E.O.) 11912 (April 13, 1976) directed that DOE's 
predecessor, the Federal Energy Administration, be delegated the 
function of making the ``critical and essential'' finding and that the 
Department of Commerce be delegated the function of making the findings 
that supplies are scarce and that it is necessary to exercise the 
section 101(c) authority.
    The Defense Production Act Extension and Amendments of 1991, Pub. 
L. 102-99, amended section 101 to broaden its scope in section 
101(a)(2) by substituting ``materials, services, and facilities'' for 
``materials and facilities'' and in section 101(c)(1) by substituting 
``materials, equipment, and services'' for ``supplies of materials and 
equipment.'' Thereafter, the President issued E.O. 12919 (June 3, 
1994), which revoked the relevant provisions of E.O. 11912. In section 
203 of E.O. 12919, the President delegated to the Secretary of Commerce 
the section 101(c) authority and directed the Secretary of Commerce to 
re-delegate to the Secretary of Energy the authority to make the 
findings described in subsection 101(c)(2)(A) that the materials and 
equipment, services, and facilities are critical and essential. The 
Secretary of Commerce retained the authority to make the finding that 
the materials and equipment, services, or facilities are scarce, and to 
make the finding that maintenance or expansion of exploration, 
production, refining, transportation, or conservation of energy 
supplies or the construction and maintenance of energy facilities 
cannot reasonably be accomplished without exercising the authority in 
section 101(c)(1).
    DOE's regulations at 10 CFR part 216, which were promulgated in 
1978, established the procedures to be used by DOE in considering and 
making the section 101(c) findings assigned to DOE under E.O. 11912. 
Today's direct final rule amends part 216 to reflect the broader scope 
of the Defense Production Act Extension and Amendments of 1991, Public 
Law 102-99 and E.O. 12919. Today's rule also adds definitions of 
``services,'' ``national defense,'' ``facilities,'' and ``person'' and 
amends the definition of ``materials and equipment'' in Sec.  216.2. In 
addition, DOE is amending DEAR parts 911 and 952 to inform DOE 
contracting officers to include in contracts a clause that informs DOE 
contractors of the Defense Priorities and Allocations System (DPAS) 
authority.

II. Final Action

    DOE is publishing this direct final rule without prior proposal 
because DOE views these amendments as noncontroversial and anticipates 
no significant adverse comments. However, in the event that significant 
adverse comments are filed, DOE has prepared a notice of proposed 
rulemaking (NOPR) proposing the same amendments. The NOPR is a separate 
document published today in the Federal Register. The direct final rule 
will be effective April 29, 2008, unless significant adverse comments 
are received by March 31, 2008. If DOE receives significant adverse 
comments, the amendments will be withdrawn before the effective date. 
In the case of withdrawal of this action, the withdrawal will be 
announced by a subsequent notice published in the Federal Register. 
Relevant public comments will then be addressed in a separate final 
rule based on the proposed rule that is also issued today. DOE will not 
implement a second comment period on this action. Any party interested 
in commenting on this rule should do so at this time. If no significant 
adverse comments are received, the public is advised that this rule 
will be effective April 29, 2008. DOE will publish a notice in the 
Federal Register to advise the public if no significant adverse 
comments are received.

III. Procedural Requirements

A. Review Under Executive Order 12866

    This regulatory action has been determined not to be a 
``significant regulatory action'' under E.O. 12866, ``Regulatory 
Planning and Review'' (58 FR 51735, October 4, 1993). Accordingly, this 
final rule is not subject to review under the E.O. by the Office of 
Information and Regulatory Affairs within the Office of Management and 
Budget (OMB).

B. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil 
Justice Reform'' (61 FR 4729, February 7, 1996), imposes on executive 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; and (3) provide a clear legal standard for 
affected conduct rather than a general standard and promote 
simplification and burden reduction. Section 3(b) of E.O. 12988 
specifically requires that executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the United 
States Attorney General. Section 3(c) of E.O. 12988 requires executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 3(b) to determine whether they are met or it 
is unreasonable to meet one or more of them. DOE has completed the

[[Page 10982]]

required review and determined that, to the extent permitted by law, 
this direct final rule meets the relevant standards of E.O. 12988.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by E.O. 13272, ``Proper Consideration of Small Entities in Agency 
Rulemaking'' (67 FR 53461, August 16, 2002), DOE published procedures 
and policies to ensure that the potential impacts of its draft rules on 
small entities are properly considered during the rulemaking process 
(68 FR 7990, February 19, 2003), and has made them available on the DOE 
Office of General Counsel's Web site: http://www.gc.doe.gov. DOE has 
reviewed today's final rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. Today's direct final rule makes non-discretionary, conforming 
changes to DOE regulations required by the 1991 amendment to the DPA. 
It also makes minor changes that will not have any economic impact 
beyond that of the existing regulations. On this basis, DOE certifies 
that this direct final rule will not have a significant economic impact 
on a substantial number of small entities. Accordingly, DOE has not 
prepared a regulatory flexibility analysis for this rulemaking. DOE's 
certification and supporting statement of factual basis will be 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration pursuant to 5 U.S.C. 605(b).

D. Review Under the Paperwork Reduction Act

    This direct final rule contains no new collection of information 
requiring OMB approval under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.).

E. Review Under the National Environmental Policy Act

    Pursuant to the Council on Environmental Quality Regulations (40 
CFR parts 1500-08), DOE has established regulations for its compliance 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). Pursuant to Appendix A of Subpart D of 10 CFR part 1021, DOE has 
determined that today's regulatory action is an amendment of an 
existing regulation that does not change the environmental effect of 
the regulation being amended (Categorical Exclusion A5). Accordingly, 
neither an environmental impact statement nor an environmental 
assessment is required.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism'' (64 FR 43255, August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt state law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the states and carefully assess the 
necessity for such actions. DOE has examined today's rule and has 
determined that it does not preempt state law and does not have a 
substantial direct effect on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by E.O. 13132.

G. Review Under the Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires a 
Federal agency to perform a detailed assessment of costs and benefits 
of any rule imposing a Federal mandate with costs to state, local or 
tribal governments, or to the private sector. This rulemaking does not 
impose a Federal mandate on state, local or tribal governments or on 
the private sector.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a 
Family Policymaking Assessment for any rule or policy that may affect 
family well being. This rule will have no impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policy 
Assessment.

I. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) requires Federal agencies to prepare and submit to 
the Office of Information and Regulatory Affairs (OIRA), OMB, a 
Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates or is expected to lead to promulgation of a final 
rule, and that: (1) Is a significant regulatory action under E.O. 
12866, or any successor order; and (2) is likely to have a significant 
adverse effect on the supply, distribution, or use of energy, or (3) is 
designated by the Administrator of OIRA as a significant energy action. 
For any significant energy action, the agency must give a detailed 
statement of any adverse effects on energy supply, distribution, or use 
should the proposal be implemented, and of reasonable alternatives to 
the action and their expected benefits on energy supply, distribution, 
and use. Today's rule is not a significant energy action. Accordingly, 
DOE has not prepared a Statement of Energy Effects.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed 
today's rule under the OMB and DOE guidelines and has concluded that it 
is consistent with applicable policies in those guidelines.

K. Review Under the Small Business Regulatory Enforcement Fairness Act 
of 1996

    As required by 5 U.S.C. 801, DOE will report to Congress 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

L. Approval by the Office of the Secretary of Energy

    The Office of the Secretary of Energy has approved issuance of this 
direct final rule.

List of Subjects

10 CFR Part 216

    Energy, Government contracts, Reporting and recordkeeping 
requirements, Strategic and critical materials.

48 CFR Part 911

    Government procurement.

[[Page 10983]]

48 CFR Part 952

    Government procurement, Reporting and recordkeeping requirements.

    Issued in Washington, DC, on February 20, 2008.
Edward R. Simpson,
Director, Office of Procurement and Assistance Management, Department 
of Energy.
William N. Bryan,
Deputy Assistant Secretary, Infrastructure Security and Energy 
Restoration, Department of Energy.
David O. Boyd,
Director, Office of Acquisition and Supply Management, National Nuclear 
Security Administration.

0
For the reasons set forth in the preamble, DOE amends Chapter II of 
Title 10 and Chapter 9 of Title 48 of the Code of Federal Regulations 
(CFR) as set forth below:

PART 216--MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER 
CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES

0
1. The authority citation for part 216 is revised to read as follows:

    Authority: Sec. 104 of the Energy Policy and Conservation Act 
(EPCA) Pub. L. 94-163, 89 Stat. 871; section 101(c) of the Defense 
Production Act of 1950 (DPA), 50 U.S.C. App. 2071(c); E.O. 12919, 59 
FR 29525 (June 7, 1994); E.O. 13286, 68 FR 10619 (March 5, 2003); 15 
CFR part 700; Defense Priorities and Allocations System Delegation 
No. 2 (August 6, 2002), as amended at 15 CFR part 700.


0
2. Section 216.1 is revised to read as follows:


Sec.  216.1  Introduction.

    (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)(2)(A) of the Defense Production Act 
of 1950, as amended, 50 U.S.C. app. 2071(c)(2)(A) (DPA). Section 101(c) 
authorizes the allocation of, or priority performance under contracts 
or orders (other than contracts of employment) relating to, materials 
and equipment, services, or facilities in order to maximize domestic 
energy supplies if the findings described in section 101(c)(2) are 
made. Among these findings are that such supplies of materials and 
equipment, services, or facilities are critical and essential to 
maintain or further exploration, production, refining, transportation 
or the conservation of energy supplies or for the construction or 
maintenance of energy facilities. The function of finding that supplies 
are critical and essential was delegated to the Secretary of Energy 
pursuant to E.O. 12919 (59 FR 29525, June 7, 1994) and Department of 
Commerce Defense Priorities and Allocations System Delegation No. 2, 15 
CFR part 700.
    (b) The purpose of these regulations is to establish the procedures 
and criteria to be used by DOE in determining whether programs or 
projects maximize domestic energy supplies and whether or not supplies 
of materials and equipment, services, or facilities are critical and 
essential, as required by DPA section 101(c)(2)(A). The critical and 
essential finding will be made only for supplies of materials and 
equipment, services, or facilities 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, 
services, or facilities are critical and essential to maintain or 
further the exploration, production, refining, transportation or 
conservation of energy supplies or for the construction or maintenance 
of energy facilities, such determination and finding will be 
communicated to the Department of Commerce (DOC). If not, the applicant 
will be so informed. If the determination and finding described in this 
paragraph are made, DOC, pursuant to DPA section 101(c) and section 203 
of E.O. 12919, will find whether or not: The supplies of materials and 
equipment, services, or facilities in question are scarce; and 
maintenance or furtherance of exploration, production, refining, 
transportation, or conservation of energy supplies or the construction 
or maintenance of energy facilities cannot be reasonably accomplished 
without exercising the authority specified in DPA section 101(c). If 
these additional two findings are made, DOC 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 DOC, 15 CFR part 700.

0
3. Section 216.2 is amended by revising paragraphs (e) through (j) and 
adding paragraphs (k) through (n) to read as follows:


Sec.  216.2  Definitions.

* * * * *
    (e) DHS means the Department of Homeland Security.
    (f) DOC means the Department of Commerce.
    (g) DOE means the Department of Energy.
    (h) Defense Priorities and Allocations System Coordination Office 
means the Department of Energy, Office of Electricity and Energy 
Assurance, OE-30.
    (i) Eligible energy program or project means a designated activity 
which maximizes domestic energy supplies by furthering the exploration, 
production, refining, transportation or conservation of energy supplies 
or construction or maintenance of energy facilities within the meaning 
of DPA section 101(c), as determined by DOE.
    (j) Facilities means all types of buildings, structures, or other 
improvements to real property (but excluding farms, churches or other 
places of worship, and private dwelling houses), and services relating 
to the use of any such building, structure, or other improvement.
    (k) Materials and equipment means: (1) Any raw materials (including 
minerals, metals, and advanced processed materials), commodities, 
articles, components (including critical components), products, and 
items of supply; and
    (2) Any technical information or services ancillary to the use of 
such raw materials, commodities, articles, components, products, or 
items.
    (l) National Defense means programs for military and energy 
production or construction, military assistance to any foreign nation, 
stockpiling, space, and any directly related activity. Such term also 
includes emergency preparedness activities conducted pursuant to title 
VI of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5195, et seq.) and critical infrastructure protection 
and restoration.
    (m) Person means an individual, corporation, partnership, 
association, or any other organized group of persons, or legal 
successor or representative thereof, or any state or local government 
or agency thereof.
    (n) Services include any effort that is needed for or incidental 
to:
    (1) The development, production, processing, distribution, 
delivery, or use of an industrial resource, or critical technology 
item; or
    (2) The construction of facilities.

0
4. Section 216.3, paragraph (a) is revised to read as follows:


Sec.  216.3  Requests for assistance.

    (a) Persons who believe that they perform work associated with a 
program or project which may qualify as an

[[Page 10984]]

eligible energy program or project and wishing to receive assistance as 
authorized by DPA section 101(c)(1) may submit an application to DOE 
requesting DOE to determine whether a program or project maximizes 
domestic energy supplies and to find whether or not specific supplies 
of materials and equipment, services, or facilities identified in the 
application are critical and essential for a purpose identified in 
section 101(c). The application shall be sent to: U.S. Department of 
Energy, Attn: Office of Electricity and Energy Assurance, OE-30, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585. The application shall contain the following information:
    (1) The name and address of the applicant and of its duly 
authorized representative.
    (2) A description of the energy program or project for which 
assistance is requested and an assessment of its impact on the 
maximization of domestic energy supplies.
    (3) The amount of energy to be produced by the program or project 
which is directly affected by the supplies of the materials and 
equipment, services, or facilities in question.
    (4) A statement explaining why the materials and equipment, 
services, or facilities for which assistance is requested are critical 
and essential to the construction or operation of the energy project or 
program.
    (5) A detailed description of the specific supplies of materials 
and equipment, services, or facilities in connection with which 
assistance is requested, including: Components, performance data 
(capacity, life duration, etc.), standards, acceptable tolerances in 
dimensions and specifications, current inventory, present and expected 
rates of use, anticipated deliveries and substitution possibilities 
(feasibility of using other materials and equipment, services, or 
facilities).
    (6) A detailed description of the sources of supply, including: The 
name of the regular supplying company or companies, other companies 
capable of supplying the materials and equipment, services, or 
facilities; location of supplying plants or plants capable of supplying 
the needed materials and equipment, services, or facilities; possible 
suppliers for identical or substitutable materials and equipment, 
services, or facilities and possible foreign sources of supply.
    (7) A detailed description of the delivery situation, including: 
Normal delivery times, promised delivery time without priorities 
assistance, and delivery time required for expeditious fulfillment or 
completion of the program or project.
    (8) Evidence of the applicant's unsuccessful efforts to obtain on a 
timely basis the materials and equipment, services, or facilities in 
question through normal business channels from current or other known 
suppliers.
    (9) A detailed estimate of the delay in fulfilling or completing 
the energy program or project which will be caused by inability to 
obtain the specified materials and equipment, services, or facilities 
in the usual course of business.
    (10) Any known conflicts with rated orders already issued pursuant 
to the DPA for supplies of the described materials and equipment, 
services, or facilities.
* * * * *

0
5. In Sec.  216.4, paragraph (a), paragraph (b)(4), and paragraphs (c) 
and (d) are revised to read as follows:


Sec.  216.4  Evaluation by DOE of applications.

    (a) Based on the information provided by the applicant and other 
available information, DOE will:
    (1) Determine whether or not the energy program or project in 
connection with which the application is made maximizes domestic energy 
supplies and should be designated an eligible energy program or 
project; and
    (2) Find whether the described supplies of materials and equipment, 
services, or facilities are critical and essential to the eligible 
energy program or project.
* * * * *
    (b) * * *
    (4) The need for the end product for which the materials and 
equipment, services, or facilities are allegedly required; and
* * * * *
    (c) In finding whether the supplies of materials and equipment, 
services, or facilities described in the application are critical and 
essential to an eligible energy program or project, DOE will consider 
all factors which it considers relevant including, but not limited to, 
the following:
    (1) Availability and utility of substitute materials and equipment, 
services, or facilities; and
    (2) Impact of the nonavailability of the specific supplies of 
materials and equipment, services, or facilities on the furtherance or 
timely completion of the approved energy program or project.
    (d) Increased costs which may be associated with obtaining 
materials and equipment, services, or facilities without assistance 
shall not be considered a valid reason for finding the materials and 
equipment, services, or facilities to be critical and essential.
* * * * *

0
6. Section 216.5 is revised to read as follows:


Sec.  216.5  Notification of findings.

    (a) DOE will notify DOC if it finds that supplies of materials and 
equipment, services, or facilities for which an applicant requested 
assistance are critical and essential to an eligible energy program or 
project, and in such cases will forward to DOC the application and 
whatever information or comments DOE believes appropriate. If DOE 
believes at any time that findings previously made may no longer be 
valid, it will immediately notify the DOC and the affected applicant(s) 
and afford such applicant(s) an opportunity to show cause why such 
findings should not be withdrawn.
    (b) If DOC notifies DOE that DOC has found that supplies of 
materials and equipment, services, or facilities for which the 
applicant requested assistance are scarce and that the related eligible 
energy program or project cannot reasonably be accomplished without 
exercising the authority specified in DPA section 101(c)(1), DOE will 
notify the applicant that the applicant is authorized to place rated 
orders for specific materials and equipment, services, or facilities 
pursuant to the provisions of the DOC's DPAS regulation.


Sec.  216.6  [Amended]

0
7. Section 216.6 is amended:
0
a. In the first sentence by adding ``, services, or facilities'' after 
``materials and equipment''; and
0
b. At the beginning of the third sentence by removing the words ``Such 
a'' and adding the word ``A''.


Sec.  216.7  [Amended]

0
8. Section 216.7 is amended:
0
a. By removing the word ``such'' in both sentences wherever it appears 
and adding in its place the word ``the'';
0
b. By removing the words ``in an attempt'' from the first sentence; and
0
c. By removing the words ``the FEMA'' and adding in its place ``DHS'' 
in the second sentence.
0
d. By removing the words ``will resolve'' and adding in its place 
``will attempt to resolve'' in the second sentence.

0
9. Section 216.8 is revised to read as follows:


Sec.  216.8  Communications.

    All written communications concerning these regulations shall be

[[Page 10985]]

addressed to: U.S. Department of Energy, Attention: Office of 
Electricity and Energy Assurance, OE-30, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585.

Chapter 9 of Title 48

0
10. The authority citation for parts 911 and 952 is revised to read as 
follows:

    Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 
et seq.; 41 U.S.C. 418b; 50 U.S.C. 2401 et seq.

PART 911--DESCRIBING AGENCY NEEDS


911.600  [Amended]

0
11. Section 911.600 is amended by removing the words ``and those energy 
programs which maximize domestic energy supplies''.


911.602  [Amended]

0
12. Section 911.602 is amended by removing paragraph (d).


911.604  [Amended]

0
13. Section 911.604 is amended by removing paragraphs (d) and (e).

PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
14. Section 952.211-70 is revised to read as follows:


952.211-70  Priorities and allocations for energy programs 
(solicitations).

    As prescribed in 911.604(a), insert the following provision in 
solicitations that will result in the award of a contract in support of 
DOE atomic energy programs.

Priorities and Allocations (Atomic Energy) (APR 2008)

    Contracts or purchase orders awarded as a result of this 
solicitation shall be assigned a [ ] DO-Rating; [ ] DX Rating; and 
certified for national defense use in accordance with the Defense 
Priorities and Allocations System (DPAS) regulation (15 CFR part 
700) (Contracting officer check appropriate box.)

[End of Clause]

0
15. Section 952.211-71 is revised to read as follows:


952.211-71  Priorities and allocations for energy programs (contracts).

    As prescribed in 911.604(b), insert the following clause in 
contracts and purchase orders that are placed in support of authorized 
DOE atomic energy programs pursuant to the Atomic Energy Act of 1954, 
as amended.

Priorities and Allocations (Atomic Energy) (APR 2008)

    The Contractor shall follow the provisions of Defense Priorities 
and Allocations System (DPAS) regulation (15 CFR part 700) in 
obtaining materials (including equipment), services, or facilities 
needed to fill this contract.

[End of Clause]

[FR Doc. E8-3773 Filed 2-28-08; 8:45 am]
BILLING CODE 6450-01-P