[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR330.2]

[Page 568]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 330_POLICY GUIDANCE AND DELEGATION OF AUTHORITIES FOR USE OF PRIORITIES 
 
Sec.  330.2  Policies.

    (a) The authority of subsection 101(c) of the Act to require the 
allocation of, or priority performance under contracts or orders 
relating to, supplies of materials and equipment to maximize domestic 
energy supplies shall be limited to those exceptional circumstances when 
it is found that:
    (1) Such supplies of material and equipment are scarce, critical, 
and essential; and
    (2) The 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 this authority.
    (b) The authority contained in subsection 101(c) shall not be used 
to require priority performance under contracts or orders relating to, 
or the allocation of, any supplies of materials and equipment except for 
programs or projects to maximize domestic energy supplies as 
specifically determined by the Secretary of Energy, after coordination 
with the Director, Federal Emergency Management Agency.
    (c) The allocation of, or priority performance under contracts or 
orders relating to, supplies of materials and equipment in support of 
authorized programs or projects shall be so undertaken as to ensure 
that:
    (1) Supplies of the specified materials and equipment are available 
to the extent practicable on time and in proper quantity to authorized 
programs or projects.
    (2) The demands of these authorized programs or projects are 
distributed among suppliers on a fair and equitable basis.
    (3) Allotments of supplies of materials and equipment are not made 
in excess of actual current requirements of these authorized programs or 
projects.
    (4) Fulfillment of the needs of these authorized programs and 
projects are achieved in such manner and to such degree as to minimize 
hardship in the market place.
    (d) The authority of subsection 101(c) of the Act will not be used 
to control the general distribution of any supplies of material and 
equipment in the civilian market, as that phrase is used in subsection 
101(b) of the Act, except after Presidential approval as required by 
subsection 7(d) of Executive Order 11912.