[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50761-50762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20704]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 700

[Docket No. 150720623-5623-01]
RIN 0694-AG68


Update to List of Countries Where Persons in the United States 
May Request Department of Defense Assistance in Obtaining Priority 
Delivery of Contracts

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Defense Priorities and Allocations System (DPAS) 
Regulations contain a list of countries with which the Department of 
Defense (DOD) has entered into security of supply arrangements. Persons 
in the United States may request the assistance of the DOD in seeking 
priority delivery from parties in those countries. This rule adds Spain 
to the list, reflecting DOD's recent security of supply arrangement 
with that country. Listing these countries in the DPAS Regulations is 
purely informational and does not affect any right, duty or prohibition 
that applies to any person under those regulations.

DATES: The rule is effective August 21, 2015.

FOR FURTHER INFORMATION CONTACT: Liam McMenamin at (202) 482-2233, or 
[email protected]

SUPPLEMENTARY INFORMATION:

Background

    The Defense Priorities and Allocations System (DPAS) Regulations 
implement priorities and allocations authority of the Defense 
Production Act of 1950, as amended. Through the regulations, certain 
national defense and energy programs may be supported through the 
prioritization of contracts, or the allocation of resources. The 
priorities authority applies to the prioritization of contracts to 
support an approved national defense and/or energy program. Once a 
program is approved, the Bureau of Industry and Security (BIS) (or 
another agency to which BIS has delegated authority) may place priority 
ratings on certain contracts. These ratings effectively expedite 
contractual performance to support the approved program.
    The Department of Defense (DOD) has entered into bilateral security 
of supply arrangements with certain countries that allow DOD to request 
priority delivery of DOD contracts, subcontracts or orders from 
companies in those countries. Persons in the United States who need 
assistance in obtaining priority delivery for such a contract, 
subcontract or order in those countries may request DOD to provide 
assistance in obtaining priority delivery. The DPAS Regulations list 
the countries with which DOD has entered into such arrangements to 
provide readers whose need for contract prioritization may extend 
beyond the United States with information about how to seek such 
prioritizations. Recently, DOD entered into a bilateral security of 
supply arrangement with Spain. Accordingly, this rule adds Spain

[[Page 50762]]

to the list of countries with which DOD has such arrangements. The list 
is informational only and does not affect any right, duty or 
prohibition that applies to any person under the DPAS Regulations. DOD 
would be able to request priority delivery in countries with which it 
has security of supply arrangements and persons in the United States 
would be able to request assistance from DOD in obtaining priority 
delivery even if the list did not appear in the DPAS Regulations.
    With the addition of Spain, the list will read: Australia, Finland, 
Italy, The Netherlands, Spain, Sweden and the United Kingdom.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). This rule 
does not impose any regulatory burden on the public and is consistent 
with the goals of Executive Order 13563. This rule has been determined 
not to be significant for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.), unless that collection of information displays a currently valid 
Office of Management and Budget control number. This rule does not 
involve a collection of information that is subject to the Paperwork 
Reduction Act.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. BIS finds good cause under 5 U.S.C. 553(b)(B) to waive prior 
notice of proposed rulemaking and the opportunity for public comment 
because it is unnecessary. This rule merely updates the list of 
countries with which the DOD has entered into security of supply 
arrangements and thus may seek prioritization of contracts in those 
countries. Persons in the United States who need such prioritization 
may request DOD assistance to obtain it. The lists are in the DPAS 
regulations to inform persons whose need for contract prioritization 
may extend beyond the United States of where they may be able to obtain 
assistance. DOD may seek such prioritization and persons in the United 
States may request DOD assistance regardless whether or not the 
countries with which DOD has entered into security of supply 
arrangements are identified in the DPAS Regulations. Listing these 
countries in the DPAS Regulations does not affect any right, duty or 
prohibition that applies to any person under those regulations. Because 
these revisions are not substantive changes, it is unnecessary to 
provide notice and opportunity for public comment. Because neither the 
Administrative Procedure Act nor any other law requires that notice and 
an opportunity for public comment be given for this rule, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are not applicable.
    In addition, the 30-day delay in effectiveness otherwise required 
by 5 U.S.C. 553(d) is not applicable because this rule is not a 
substantive rule.

 List of Subjects in 15 CFR Part 700

    Administrative practice and procedure, Business and industry, 
Government contracts, National defense, Reporting and recordkeeping 
requirements, Strategic and critical materials.

    For the reasons set forth in the preamble, the Defense Priorities 
and Allocations System Regulations (15 CFR part 700) are amended as 
follows:

PART 700--[AMENDED]

0
1. The authority citation for 15 CFR part 700 continues to read as 
follows:

    Authority:  50 U.S.C. App. 2061, et seq.; 42 U.S.C. 5195, et 
seq.; 50 U.S.C. App 468; 10 U.S.C. 2538; 50 U.S.C. 82; E.O. 12656, 
53 FR 226, 3 CFR, 1988, Comp. 585; E.O. 12742, 56 FR 1079, 3 CFR, 
1991 Comp. 309; E.O. 13603, 77 FR 16651, 3 CFR, 2012 Comp., p. 225.


Sec.  700.57  [Amended]

0
2. Section 700.57 is amended by adding ``Spain'' after ``The 
Netherlands,'' in:
0
a. The last sentence of paragraph (a);
0
b. The italicized heading of paragraph (c);
0
c. Paragraph (c)(1); and
0
d. The first and second sentences of paragraph (c)(2).

    Dated: August 17, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-20704 Filed 8-20-15; 8:45 am]
 BILLING CODE 3510-JT-P