---
kind: "section"
citation: "10 C.F.R. § 217.52"
title: "10"
number: "217.52"
heading: "Controlling the general distribution of a material in the civilian market."
url: "https://uscodex.org/cfr/10/217.52"
---

# §217.52. Controlling the general distribution of a material in the civilian market.


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:

- (a) **Made a written finding that—**
  - (1) Such material is a scarce and critical material essential to the national defense, and
  - (2) 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;
- (b) Submitted the finding for the President's approval through the Assistant to the President for National Security Affairs; and
- (c) **The President has approved the finding.**

## Notes

### 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.