Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020)

The record

Jurisdiction

United States

Level

Federal

Authority

Defense Production Act sec. 101 (50 U.S.C. 4511); Executive Orders 13909 and 13911; Presidential Memorandum of Apr. 3, 2020 (Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use)

Issued

2020-04-07 Apr. 7, 2020

Effective

2020-04-07

End

2020-08-10 by its terms; extended by 85 Fed. Reg. 48113 (Ex. ECO-A-066) and 85 Fed. Reg. 86835 (Ex. ECO-A-067) to June 30, 2021 (read as 2020-08-10)

In force

Apr. 7, 2020 to Aug. 10, 2020

Quarters

2020 Q22020 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Supply chain

Addressees

• exporters of the covered materials
• U.S. Customs and Border Protection
• FEMA

Functions reached

• SC PPE distributors, importers and exporters
• IC every employer's PPE purchasing
• DS medical-device and PPE manufacturers' export sales

Collection

Supply chain and borders ECO-A

Operative words

'DATES: Effective date: This rule is effective from April 7, 2020 until August 10, 2020.' Section 328.102 designates the covered materials ('N95 Filtering Facepiece Respirators', other filtering facepiece respirators, elastomeric air-purifying respirators, PPE surgical masks and PPE gloves or surgical gloves) and provides that shipments of covered materials intended for export shall be temporarily detained by CBP while FEMA determines whether to return them for domestic use, purchase them, or allow the export; paraphrase of sec. 328.102(a)-(c), read in the exhibit.

Enforcement

Notes