---
kind: "section"
citation: "45 C.F.R. § 101.36"
title: "45"
number: "101.36"
heading: "Changes or cancellations of priority ratings and rated orders."
url: "https://uscodex.org/cfr/45/101.36"
---

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

- (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](/cfr/45/101.33.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) 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.

## Notes

### Authority

Authority: Defense Production Act of 1950, as amended (50 U.S.C. 4501, et seq. ), and Executive Order 13603 (77 FR 16651, 3 CFR, March 16, 2012).

### Source

Source: 89 FR 9025, Feb. 9, 2024, unless otherwise noted.