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45 CFR 101.36

§ 101.36 Changes or cancellations of priority ratings and rated orders.

United States · 45 CFR — Public Welfare · Status: effective

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45 CFR 101.36, § 101.36 Changes or cancellations of priority ratings and rated orders, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/217238
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(a) The priority rating on a rated order may be changed or canceled by: (1) An official action of HHS; or (2) Written notification from the person who placed the rated order (including a Delegate Agency). (b) If an unrated order is amended to make it a rated order, or a DO rating is changed to a DX rating, the supplier must give the appropriate preferential treatment to the order as of the date the change is received by the supplier. (c) An amendment to a rated order that significantly alters a supplier's original production or delivery schedule shall constitute a new rated order as of the date of its receipt. The supplier must accept or reject the amended order according to the provisions of § 101.33. (d) The following amendments do not constitute a new rated order: a change in shipping destination; a reduction in the total amount of the order; an increase in the total amount of the order which has negligible impact upon deliveries; a minor variation in size or design (prior to the start of production); or a change which is agreed upon between the supplier and the customer. (e) If a person no longer needs items or services to fill a rated order, any rated orders placed with suppliers for the items or services, or the priority rating on those orders, must be canceled. (f) When a priority rating is added to an unrated order, or is changed or canceled, all suppliers must be promptly notified in writing.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.