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.
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: 76 FR 33619, June 9, 2011, unless otherwise noted.
cite as: 10 CFR 217.52