---
kind: "section"
citation: "44 C.F.R. § 333.16"
title: "44"
number: "333.16"
heading: "Changes or cancellations of priority ratings and rated orders."
url: "https://uscodex.org/cfr/44/333.16"
---

# §333.16. Changes or cancellations of priority ratings and rated orders.

- (a) The priority rating on a rated order may be changed or cancelled by:
  - (1) An official action of FEMA; or
  - (2) Written electronic notification from the person who placed the rated order (including a Delegate Agency).
- (b) If an unrated order is amended so as 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 [§ 333.13](/cfr/44/333.13.md).
- (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) A person must cancel any rated orders that the person (or a predecessor in interest) has placed with suppliers or cancel the priority ratings on those orders if the person no longer needs the items in those orders to fill a rated order.
- (f) A person adding a rating to an unrated order, or changing or cancelling a priority rating must promptly provide written electronic notification to all suppliers to whom the order was sent of the addition, change, or cancellation.

## Notes

### Authority

Authority: 6 U.S.C. 313, 314; 50 U.S.C. 4511, et seq.; E.O. 13603, 77 FR 16651; E.O. 13909, 85 FR 16227; E.O. 13911, 85 FR 18403; DHS Delegation 09052, Rev. 00 (Jan. 3, 2017); DHS Delegation 09052 Rev 00.1 (Apr. 1, 2020).

### Source

Source: 85 FR 28510, May 13, 2020, unless otherwise noted.