---
kind: "section"
citation: "40 C.F.R. § 166.40"
title: "40"
number: "166.40"
heading: "Authorization."
url: "https://uscodex.org/cfr/40/166.40"
---

# §166.40. Authorization.


The head of a Federal or State agency, the Governor of a State, or their official designee, may issue a crisis exemption in situations involving an unpredictable emergency situation when:

- (a) An unpredictable emergency condition exists;
- (b) The time element with respect to the application of the pesticide is critical, and there is not sufficient time either to request a specific, quarantine, or public health exemption or, if such a request has been submitted, for EPA to complete review of the request; and
- (c) EPA has provided verbal confirmation that, for food uses, a tolerance or exemption from the requirement of a tolerance can be established in a timely manner, responsive to the projected timeframe of use of the chemical and harvest of the commodity, and that, for any use, the Agency has no other objection.

## Notes

### Amendments

[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006]

### Authority

Authority: 7 U.S.C. 136p, and 136w.

### Source

Source: 51 FR 1902, Jan. 15, 1986, unless otherwise noted.

### Amendments

[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006]