[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: 40CFR166.41] [Page 188] 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 C_Crisis Exemptions Sec. 166.41 Limitations. The crisis provisions may not be utilized to authorize a pesticide use if any of the following has occurred: (a) EPA has informed the head of the Federal or State agency, the Governor, or their official designee, not to issue such an exemption; (b) The pesticide use has been suspended under section 6(c) of the Act; (c) The pesticide use has been cancelled following a notice issued under section 6(b) of the Act; (d) The pesticide contains a new chemical; or (e) The application proposes the first food use of a pesticide.