Skip to content
The COVID Project
  1. Library
  2. Supply chain and borders
  3. ECO-A-064

Ex. ECO-A-064 Order Primary source read

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)

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use

Federal Emergency Management Agency, Department of Homeland Security (Administrator Peter T. Gaynor) · United States (Federal)

The COVID Project

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
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

50 U.S.C. 4513; CBP detention of shipments

Notes

A direct federal order limiting commerce in the goods that State orders made a condition of operating.

Retrieval note

Also FED-075. Corrected at 85 Fed. Reg. 22622 (Ex. ECO-A-075).