Code of Federal Regulations Title 45. Public Welfare § 45.101.52 Controlling the general distribution of a material in the civilian market

(i) Such material is a scarce and critical material essential to the national defense, and

(ii) 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;