---
kind: "section"
citation: "40 C.F.R. § 164.133"
title: "40"
number: "164.133"
heading: "Emergency waiver of hearing."
url: "https://uscodex.org/cfr/40/164.133"
---

# §164.133. Emergency waiver of hearing.

- (a) In the case of an application subject to this subpart D which is filed under [section 18](/cfr/40/18.md) of FIFRA, and regulations thereunder, and for which a hearing is required pursuant to [§ 164.131](/cfr/40/164.131.md), 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 [§ 164.131](/cfr/40/164.131.md); 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)](#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.

## Notes

### Authority

Authority: Sec. 25(a) and 6 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1972 (86 Stat. 997).

### Source

Source: 40 FR 12265, Mar. 18, 1975, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 136d.

### Source

Source: 38 FR 19371, July 20, 1973, unless otherwise noted.