[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR166.24]

[Page 189-190]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 166_EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES 
UNDER EMERGENCY CONDITIONS--Table of Contents
 
      Subpart B_Specific, Quarantine, and Public Health Exemptions
 
Sec. 166.24  Public notice of receipt of application and opportunity for 
public comment.

    (a) Publication requirement. The Administrator shall issue a notice 
of receipt in the Federal Register for a specific quarantine, or public 
health exemption and request public comment when any one of the 
following criteria is met:
    (1) The application proposes use of a new chemical;
    (2) The application proposes the first food use of an active 
ingredient;
    (3) The application proposes any use of a pesticide if the pesticide 
has been subject to a suspension notice under section 6(c) of the Act;
    (4) The application proposes use of a pesticide which:
    (i) Was the subject of a notice under section 6(b) of the Act and 
was subsequently cancelled, and
    (ii) Is intended for a use that poses a risk similar to the risk 
posed by any use of the pesticide which was the subject of the notice 
under section 6(b);
    (5) The application proposes use of a pesticide which:
    (i) Contains an active ingredient which is or has been the subject 
of a Special Review, and
    (ii) Is intended for a use that could pose a risk similar to the 
risk posed by any use of the pesticide which is or has been the subject 
of the Special Review;
    (6) The application proposes use of a pesticide for a specific or 
public health exemption, if:
    (i) An emergency exemption has been requested or granted for that 
use in any 3 previous years, and
    (ii) A complete application for registration of that use and/or a 
petition for tolerance for residues in or on the commodity has not been 
submitted to the Agency; or
    (7) The Administrator determines that publication of notice is 
appropriate.
    (b) Contents. The notice of receipt of an application for an 
emergency exemption shall contain the following information:
    (1) The name of the applicant;
    (2) The name of the active ingredient requested for use, including, 
if available, the common name and the Chemical Abstracts Service (CAS) 
number;
    (3) The total amount of product or active ingredient proposed for 
use;
    (4) The geographical location where treatment is proposed;
    (5) The proposed number of acres or other appropriate units proposed 
to be treated;
    (6) A summary of the applicant's description of the emergency 
conditions including the pest and the site or crop to be treated;
    (7) A description of the major conditions of use of the pesticide as 
proposed by the applicant;
    (8) If the pesticide proposed for use meets the criteria of 
paragraph (a) (3), (4), or (5) of this section, an identification of the 
types of risks that were the basis for EPA's regulatory action; and
    (9) The name, telephone number, and address of a person in the 
Agency who can provide further information.
    (c) Length of comment period. Normally, a notice of receipt shall 
give the

[[Page 190]]

public 15 days in which to file comments on the application. The 
Administrator may shorten or eliminate the comment period if he 
determines that the time available for a decision on the application 
requires it and shall state reasons for such action in a notice in the 
Federal Register. The Administrator may extend the comment period if 
additional time for comment is requested and such an extension would not 
interfere with a timely decision on the application.