[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.133]

[Page 182]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart D--Rules of Practice for Applications Under Sections 3 and 18 To 
            Modify Previous Cancellation or Suspension Orders
 
Sec. 164.133  Emergency waiver of hearing.

    (a) In the case of an application subject to this subpart D which is 
filed under section 18 of FIFRA, and regulations thereunder, and for 
which a hearing is required pursuant to Sec. 164.131, the Administrator 
may dispense with the requirement of convening such a hearing in any 
case in which he determines:
    (1) That the application presents a situation involving need to use 
the pesticide to prevent an unacceptable risk: (i) To human health, or 
(ii) to fish or wildlife populations when such use would not pose a 
human health hazard; and
    (2) That there is no other feasible solution to such risk; and
    (3) That the time available to avert the risk to human health or 
fish and wildlife is insufficient to permit convening a hearing as 
required by Sec. 164.131; and
    (4) That the public interest requires the granting of the requested 
use as soon as possible.
    (b) Notice of any determination made by the Administrator pursuant 
to paragraph (a) of this section shall be published in the Federal 
Register as soon as practicable after granting the requested use and 
shall set forth the basis for the Administrator's determination.

[[Page 183]]