---identifier: "/us/cfr/t10/s216.5"source: "ecfr"legal_status: "authoritative_unofficial"title: "10 CFR § 216.5 - Notification of findings."title_number: 10title_name: "Energy"section_number: "216.5"section_name: "Notification of findings."chapter_name: "DEPARTMENT OF ENERGY"subchapter_number: "A"subchapter_name: "OIL"part_number: "216"part_name: "MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "Section 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, 50 U.S.C. 4511(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 (Aug. 6, 2002), as amended at 15 CFR part 700."regulatory_source: "43 FR 6212, Feb. 14, 1978, unless otherwise noted."cfr_part: "216"---
Identifier
/us/cfr/t10/s216.5
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Department of Energy
Authority
Section 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, 50 U.S.C. 4511(c); E.O. 12919, 59 FR 29525 (June 7, 19... Section 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, 50 U.S.C. 4511(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 (Aug. 6, 2002), as amended at 15 CFR part 700.
# 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and the affected applicant(s) and afford such applicant(s) an opportunity to show cause why such findings should not be withdrawn.(b) If DOC notifies DOE that DOC has found that supplies of materials and equipment, services, or facilities for which the applicant requested assistance are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.[73 FR 10984, Feb. 29, 2008]