10 CFR § 217.52 - Controlling the general distribution of a material in the civilian market.

---
identifier: "/us/cfr/t10/s217.52"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 217.52 - Controlling the general distribution of a material in the civilian market."
title_number: 10
title_name: "Energy"
section_number: "217.52"
section_name: "Controlling the general distribution of a material in the civilian market."
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "A"
subchapter_name: "OIL"
part_number: "217"
part_name: "ENERGY PRIORITIES AND ALLOCATIONS SYSTEM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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)."
regulatory_source: "76 FR 33619, June 9, 2011, unless otherwise noted."
cfr_part: "217"
---


# 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.