[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR166.24]



[Page 185-186]

 

                   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 which:

    (i) Was voluntarily canceled under section 6(f) of the Act, and

    (ii) Is intended for a use that poses a risk similar to the risk 

posed by any use of the pesticide which was voluntarily canceled under 

section 6(f);

    (7) The application proposes use of a pesticide for a specific or 

public health exemption, if:

    (i) An emergency exemption has been requested or approved for that 

use in any 3 previous years, or any 5 previous years if the use is 

supported by the IR-4 program, 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

    (8) 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;



[[Page 186]]



    (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 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.



[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4511, Jan. 27, 2006]