§33.52. Controlling the general distribution of a material in the civilian market.
49 C.F.R. § 33.52
No allocation action by the Department of Transportation may be used to control the general distribution of a material in the civilian market, unless the Secretary of the Department of Transportation 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 and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism; 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. 82; 50 U.S.C. App. §§ 2061-2171; 50 U.S.C. App § 468; Executive Order 12742, (56 FR 1079, January 8, 1991); Executive Order 13603, (77 FR 16651, March 16, 2012).
Source
Source: 77 FR 59801, Oct. 1, 2012, unless otherwise noted.