80 FR 50761 - Update to List of Countries Where Persons in the United States May Request Department of Defense Assistance in Obtaining Priority Delivery of Contracts

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range		50761-50762
FR Document		2015-20704

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.

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50761-50762]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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

Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50761

and immediate relationship between Effective 15 OCTOBER 2015 ACTION: Final rule.
these SIAPs, Takeoff Minimums and Anchorage, AK, Ted Stevens Anchorage Intl,
ODPs, and safety in air commerce, I find ILS RWY 15, Amdt 6B SUMMARY: The Defense Priorities and
that notice and public procedure under Anchorage, AK, Ted Stevens Anchorage Intl, Allocations System (DPAS) Regulations
5 U.S.C. 553(b) are impracticable and ILS OR LOC/DME RWY 7L, ILS RWY 7L contain a list of countries with which
contrary to the public interest and, (SA CAT I), ILS RWY 7L (SA CAT II), the Department of Defense (DOD) has
Amdt 3B entered into security of supply
where applicable, under 5 U.S.C. 553(d), Anchorage, AK, Ted Stevens Anchorage Intl,
good cause exists for making some arrangements. Persons in the United
ILS OR LOC/DME RWY 7R, ILS RWY 7R States may request the assistance of the
SIAPs effective in less than 30 days. (CAT II), ILS RWY 7R (CAT III), ILS RWY
The FAA has determined that this 7R (SA CAT I), Amdt 3B
DOD in seeking priority delivery from
regulation only involves an established Anchorage, AK, Ted Stevens Anchorage Intl, parties in those countries. This rule
body of technical regulations for which RNAV (GPS) RWY 7L, Amdt 2C adds Spain to the list, reflecting DOD’s
frequent and routine amendments are Anchorage, AK, Ted Stevens Anchorage Intl, recent security of supply arrangement
necessary to keep them operationally RNAV (GPS) RWY 15, Amdt 2C with that country. Listing these
Anchorage, AK, Ted Stevens Anchorage Intl, countries in the DPAS Regulations is
current. It, therefore—-(1) is not a
RNAV (GPS) Y RWY 7R, Amdt 4C purely informational and does not affect
‘‘significant regulatory action’’ under Anchorage, AK, Ted Stevens Anchorage Intl,
Executive Order 12866; (2) is not a any right, duty or prohibition that
RNAV (RNP) RWY 33, Orig-A
‘‘significant rule’’ under DOT Anchorage, AK, Ted Stevens Anchorage Intl,
applies to any person under those
Regulatory Policies and Procedures (44 RNAV (RNP) Z RWY 7R, Orig-A regulations.
FR 11034; February 26,1979) ; and (3) Nogales, AZ, Nogales Intl, NDB OR GPS–C, DATES: The rule is effective August 21,
does not warrant preparation of a Amdt 2C, CANCELED 2015.
regulatory evaluation as the anticipated Hawthorne, CA, Jack Northrop Field/
FOR FURTHER INFORMATION CONTACT:
impact is so minimal. For the same Hawthorne Muni, Takeoff Minimums and
Obstacle DP, Amdt 4 Liam McMenamin at (202) 482–2233, or
reason, the FAA certifies that this Miami, FL, Miami Intl, RNAV (RNP) Y RWY liam.mcmenamin@bis.doc.gov
amendment will not have a significant 8R, Orig-B SUPPLEMENTARY INFORMATION:
economic impact on a substantial Raymond, MS, John Bell Williams, RNAV
number of small entities under the (GPS) RWY 30, Amdt 4 Background
criteria of the Regulatory Flexibility Act. New York, NY, John F Kennedy Intl, ILS OR The Defense Priorities and
LOC RWY 4L, Amdt 11 Allocations System (DPAS) Regulations
List of Subjects in 14 CFR Part 97 New York, NY, John F Kennedy Intl, RNAV
implement priorities and allocations
Air Traffic Control, Airports, (RNP) Z RWY 4L, Amdt 1
New York, NY, John F Kennedy Intl, VOR authority of the Defense Production Act
Incorporation by reference, Navigation of 1950, as amended. Through the
(air). RWY 4L, Amdt 1
Greenville, SC, Donaldson Field, Takeoff regulations, certain national defense and
Issued in Washington, DC on July 31, 2015. Minimums and Obstacle DP, Orig-A energy programs may be supported
John Duncan, Greenville, SC, Greenville Downtown, through the prioritization of contracts,
Director, Flight Standards Service. Takeoff Minimums and Obstacle DP, Amdt or the allocation of resources. The
7 priorities authority applies to the
Adoption of the Amendment Tullahoma, TN, Tullahoma Rgnl Arpt/Wm prioritization of contracts to support an
Northern Field, VOR RWY 6, Amdt 1A,
Accordingly, pursuant to the approved national defense and/or
CANCELED
authority delegated to me, Title 14, Tullahoma, TN, Tullahoma Rgnl Arpt/Wm energy program. Once a program is
Code of Federal Regulations, Part 97 (14 Northern Field, VOR RWY 24, Orig-D, approved, the Bureau of Industry and
CFR part 97) is amended by CANCELED Security (BIS) (or another agency to
establishing, amending, suspending, or Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) which BIS has delegated authority) may
removing Standard Instrument RWY 17, Orig place priority ratings on certain
Approach Procedures and/or Takeoff Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) contracts. These ratings effectively
Minimums and Obstacle Departure RWY 35, Orig expedite contractual performance to
Procedures effective at 0901 UTC on the Tyler, TX, Tyler Pounds Rgnl, Takeoff support the approved program.
Minimums and Obstacle DP, Amdt 2 The Department of Defense (DOD) has
dates specified, as follows:
[FR Doc. 2015–20521 Filed 8–20–15; 8:45 am] entered into bilateral security of supply
PART 97—STANDARD INSTRUMENT BILLING CODE 4910–13–P arrangements with certain countries that
APPROACH PROCEDURES allow DOD to request priority delivery
of DOD contracts, subcontracts or orders
■ 1. The authority citation for part 97 DEPARTMENT OF COMMERCE from companies in those countries.
continues to read as follows: Persons in the United States who need
Authority: 49 U.S.C. 106(g), 40103, 40106, Bureau of Industry and Security assistance in obtaining priority delivery
40113, 40114, 40120, 44502, 44514, 44701, for such a contract, subcontract or order
44719, 44721–44722. 15 CFR Part 700 in those countries may request DOD to
■ 2. Part 97 is amended to read as [Docket No. 150720623–5623–01] provide assistance in obtaining priority
follows: delivery. The DPAS Regulations list the
RIN 0694–AG68 countries with which DOD has entered
Effective 17 SEPTEMBER 2015
into such arrangements to provide
Atmore, AL, Atmore Muni, RNAV (GPS) Update to List of Countries Where
readers whose need for contract
rmajette on DSK7SPTVN1PROD with RULES

RWY 36, Amdt 1B Persons in the United States May
prioritization may extend beyond the
Fort Wayne, IN, Fort Wayne Intl, Takeoff Request Department of Defense
Minimums and Obstacle DP, Amdt 3
United States with information about
Assistance in Obtaining Priority
South Haven, MI, South Haven Area Rgnl, how to seek such prioritizations.
Delivery of Contracts
RNAV (GPS) RWY 5, Amdt 1C Recently, DOD entered into a bilateral
South Haven, MI, South Haven Area Rgnl, AGENCY: Bureau of Industry and security of supply arrangement with
RNAV (GPS) RWY 23, Amdt 1C Security, Commerce. Spain. Accordingly, this rule adds Spain

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50762 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations

to the list of countries with which DOD assistance. DOD may seek such DEPARTMENT OF HEALTH AND
has such arrangements. The list is prioritization and persons in the United HUMAN SERVICES
informational only and does not affect States may request DOD assistance
any right, duty or prohibition that regardless whether or not the countries Food and Drug Administration
applies to any person under the DPAS with which DOD has entered into
Regulations. DOD would be able to security of supply arrangements are 21 CFR Part 73
request priority delivery in countries identified in the DPAS Regulations.
[Docket No. FDA–2014–C–1552]
with which it has security of supply Listing these countries in the DPAS
arrangements and persons in the United Regulations does not affect any right, Listing of Color Additives Exempt
States would be able to request duty or prohibition that applies to any From Certification; Spirulina Extract
assistance from DOD in obtaining person under those regulations. Because
priority delivery even if the list did not these revisions are not substantive AGENCY: Food and Drug Administration,
appear in the DPAS Regulations. changes, it is unnecessary to provide HHS.
With the addition of Spain, the list notice and opportunity for public ACTION: Final rule.
will read: Australia, Finland, Italy, The comment. Because neither the
Netherlands, Spain, Sweden and the Administrative Procedure Act nor any SUMMARY: The Food and Drug
United Kingdom. other law requires that notice and an Administration (FDA or we) is
Rulemaking Requirements opportunity for public comment be amending the color additive regulations
given for this rule, the analytical to provide for the safe use of spirulina
1. Executive Orders 13563 and 12866 requirements of the Regulatory extract as a color additive in coating
direct agencies to assess all costs and Flexibility Act (5 U.S.C. 601 et seq.) are formulations applied to dietary
benefits of available regulatory not applicable. supplement and drug tablets and
alternatives and, if regulation is capsules. This action is in response to
necessary, to select regulatory In addition, the 30-day delay in
effectiveness otherwise required by 5 a petition filed by Colorcon, Inc.
approaches that maximize net benefits (Colorcon).
(including potential economic, U.S.C. 553(d) is not applicable because
environmental, public health and safety this rule is not a substantive rule. DATES: This rule is effective September
effects, distributive impacts, and 22, 2015. See section IX for information
List of Subjects in 15 CFR Part 700
equity). This rule does not impose any on the filing of objections. Submit either
regulatory burden on the public and is Administrative practice and electronic or written objections and
consistent with the goals of Executive procedure, Business and industry, requests for a hearing by September 21,
Order 13563. This rule has been Government contracts, National defense, 2015.
determined not to be significant for Reporting and recordkeeping ADDRESSES: You may submit either
purposes of Executive Order 12866. requirements, Strategic and critical electronic or written objections and
2. Notwithstanding any other materials. requests for a hearing, identified by
provision of law, no person is required Docket No. FDA–2014–C–1552, by any
For the reasons set forth in the
to respond to, nor shall any person be of the following methods:
preamble, the Defense Priorities and
subject to a penalty for failure to comply
Allocations System Regulations (15 CFR Electronic Submissions
with, a collection of information subject
part 700) are amended as follows:
to the requirements of the Paperwork Submit electronic objections in the
Reduction Act of 1995 (44 U.S.C. 3501 PART 700—[AMENDED] following way:
et seq.), unless that collection of • Federal eRulemaking Portal: http://
information displays a currently valid ■ 1. The authority citation for 15 CFR www.regulations.gov. Follow the
Office of Management and Budget part 700 continues to read as follows: instructions for submitting comments.
control number. This rule does not Written Submissions
Authority: 50 U.S.C. App. 2061, et seq.; 42
involve a collection of information that
U.S.C. 5195, et seq.; 50 U.S.C. App 468; 10 Submit written objections in the
is subject to the Paperwork Reduction U.S.C. 2538; 50 U.S.C. 82; E.O. 12656, 53 FR
Act. 226, 3 CFR, 1988, Comp. 585; E.O. 12742, 56
following ways:
3. This rule does not contain policies FR 1079, 3 CFR, 1991 Comp. 309; E.O. 13603, • Mail/Hand delivery/Courier (for
with Federalism implications as that 77 FR 16651, 3 CFR, 2012 Comp., p. 225. paper submissions): Division of Dockets
term is defined under Executive Order Management (HFA–305), Food and Drug
13132. § 700.57 [Amended] Administration, 5630 Fishers Lane, Rm.
4. BIS finds good cause under 5 U.S.C. 1061, Rockville, MD 20852.
■ 2. Section 700.57 is amended by
553(b)(B) to waive prior notice of Instructions: All submissions received
adding ‘‘Spain’’ after ‘‘The
proposed rulemaking and the must include the Agency name and
Netherlands,’’ in:
opportunity for public comment Docket No. FDA–2014–C–1552 for this
because it is unnecessary. This rule ■ a. The last sentence of paragraph (a); rulemaking. All objections received will
merely updates the list of countries with ■ b. The italicized heading of paragraph be posted without change to http://
which the DOD has entered into (c); www.regulations.gov, including any
security of supply arrangements and ■ c. Paragraph (c)(1); and personal information provided. For
thus may seek prioritization of contracts ■ d. The first and second sentences of
detailed instructions on submitting
in those countries. Persons in the paragraph (c)(2). objections, see the ‘‘Objections’’ heading
United States who need such of the SUPPLEMENTARY INFORMATION
rmajette on DSK7SPTVN1PROD with RULES

prioritization may request DOD Dated: August 17, 2015. section.
assistance to obtain it. The lists are in Kevin J. Wolf, Docket: For access to the docket to
the DPAS regulations to inform persons Assistant Secretary for Export read background documents or
whose need for contract prioritization Administration. objections received, go to http://
may extend beyond the United States of [FR Doc. 2015–20704 Filed 8–20–15; 8:45 am] www.regulations.gov and insert the
where they may be able to obtain BILLING CODE 3510–JT–P docket number, found in brackets in the

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Document Created: 2018-02-23 11:01:06
Document Modified: 2018-02-23 11:01:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The rule is effective August 21, 2015.
Contact		Liam McMenamin at (202) 482-2233, or [email protected]
FR Citation		80 FR 50761
RIN Number		0694-AG68
CFR Associated		Administrative Practice and Procedure; Business and Industry; Government Contracts; National Defense; Reporting and Recordkeeping Requirements and Strategic and Critical Materials

80 FR 50761 - Update to List of Countries Where Persons in the United States May Request Department of Defense Assistance in Obtaining Priority Delivery of Contracts

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 162 (August 21, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security