49 CFR 33.34 - Preferential scheduling.

§ 33.34 Preferential scheduling.

(a) A person must schedule operations, including the acquisition of all needed production items or services, in a timely manner to satisfy the delivery requirements of each rated order. Modifying production or delivery schedules is necessary only when required delivery dates for rated orders cannot otherwise be met.

(b) DO-rated orders must be given production or performance preference over unrated orders, if necessary to meet required delivery dates, even if this requires the diversion of items being processed or ready for delivery or services being performed against unrated orders. Similarly, DX-rated orders must be given preference over DO-rated orders and unrated orders. (Examples: If a person receives a DO-rated order with a delivery date of June 3 and if meeting that date would mean delaying production or delivery of an item for an unrated order, the unrated order must be delayed. If a DX-rated order is received calling for delivery on July 15 and a person has a DO-rated order requiring delivery on June 2 and operations can be scheduled to meet both deliveries, there is no need to alter production schedules to give any additional preference to the DX-rated order.)

(c)Conflicting rated orders.

(1) If a person finds that delivery or performance against any accepted rated orders conflicts with the delivery or performance against other accepted rated orders of equal priority status, the person shall give precedence to the conflicting orders in the sequence in which they are to be delivered or performed (not to the receipt dates). If the conflicting orders are scheduled to be delivered or performed on the same day, the person shall give precedence to those orders that have the earliest receipt dates.

(2) If a person is unable to resolve rated order delivery or performance conflicts under this section, the person should promptly seek special priorities assistance as provided in §§ 33.40 through 33.44. If the person's customer objects to the rescheduling of delivery or performance of a rated order, the customer should promptly seek special priorities assistance as provided in §§ 33.40 through 33.44. For any rated order against which delivery or performance will be delayed, the person must notify the customer as provided in § 33.33.

(d) If a person is unable to purchase needed production items in time to fill a rated order by its required delivery date, the person must fill the rated order by using inventoried production items. A person who uses inventoried items to fill a rated order may replace those items with the use of a rated order as provided in § 33.37(b).

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 468

§ 2061

§ 2062

§ 2071

§ 2072

§ 2073

§ 2074

§ 2075

§ 2076

§ 2077

§ 2078

§ 2081

§ 2091

§ 2092

§ 2093

§ 2094

§ 2101

§ 2103

§ 2104

§ 2121

50a U.S. Code Rule - Repealed. June 30, 1952, ch. 530, title I,

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Small business

50a U.S. Code Rule - Definitions

50a U.S. Code Rule - Civilian personnel

50a U.S. Code Rule - Regulations and orders

50a U.S. Code Rule - Investigations; records; reports; subpoenas; right to counsel

50a U.S. Code Rule - Jurisdiction of courts; injunctions; venue; process; effect of termination of provisions

50a U.S. Code Rule - Liability for compliance with invalid regulations; discrimination against orders or contracts affected by priorities or allocations

50a U.S. Code Rule - Voluntary agreements and plans of action for preparedness programs and expansion of production capacity and supply

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Public participation in rulemaking

50a U.S. Code Rule - Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports

50a U.S. Code Rule - Authorization of appropriations; availability of funds

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Territorial application of Act

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Separability

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Termination of Act

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Authority to review certain mergers, acquisitions, and takeovers

50a U.S. Code Rule - Prohibition on purchase of United States defense contractors by entities controlled by foreign governments

50a U.S. Code Rule - Reports on foreign industrial espionage

50a U.S. Code Rule - Defense Production Act Committee

Presidential Documents

Executive Order ... 12742

Executive Order ... 13603

Title 49 published on 09-Jun-2018 04:52

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 33 after this date.

  • 2012-11-21; vol. 77 # 225 - Wednesday, November 21, 2012
    1. 77 FR 69769 - Prioritization and Allocation Authority Exercised by the Secretary of Transportation Under the Defense Production Act
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Confirmation of effective date.
      Effective Date: This document confirms that the Department's final rule at 77 FR 59793 is effective on November 30, 2012.
      49 CFR Part 33
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