[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

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)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

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.



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