§217.52. Controlling the general distribution of a material in the civilian market.
10 C.F.R. § 217.52
No allocation action by the Department of Energy may be used to control the general distribution of a material in the civilian market, unless the Secretary of the Department of Energy has:
Made a written finding that—
Such material is a scarce and critical material essential to the national defense, and
The requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship;
Submitted the finding for the President's approval through the Assistant to the President for National Security Affairs; and
The President has approved the finding.
Notes, amendments, and revision history
Authority
Authority: Defense Production Act of 1950, as amended, 50 U.S.C. 4501-4568; E.O. 12919, as amended, (59 FR 29525 June 7, 1994).
Source
Source: 76 FR 33619, June 9, 2011, unless otherwise noted.