[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR6.106]

[Page 103]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON 
ENVIRONMENTAL QUALITY ON THE NATIONAL ENVIRONMENTAL POLICY ACT--
 
                            Subpart A_General
 
Sec. 6.106  Deviations.

    (a) General. The Assistant Administrator, OEA, is authorized to 
approve deviations from these regulations. Deviation approvals shall be 
made in writing by the Assistant Administrator, OEA.
    (b) Requirements. (1) Where emergency circumstances make it 
necessary to take an action with significant environmental impact 
without observing the substantive provisions of these regulations or the 
CEQ Regulations, the responsible official shall notify the Assistant 
Administrator, OEA, before taking such action. The responsible official 
shall consider to the extent possible alternative arrangements; such 
arrangements will be limited to actions necessary to control the 
immediate impacts of the emergency; other actions remain subject to the 
environmental review process. The Assistant Administrator, OEA, after 
consulting CEQ, will inform the responsible official, as expeditiously 
as possible of the disposition of his request.
    (2) Where circumstances make it necessary to take action without 
observing procedural provisions of these regulations, the responsible 
official shall notify the Assistant Administrator, OEA, before taking 
such action. If the Assistant Administrator, OEA, determines such a 
deviation would be in the best interest of the Government, he shall 
inform the responsible official, as soon as possible, of his approval.
    (3) The Assistant Administrator, OEA, shall coordinate his action on 
a deviation under Sec. 6.106(b) (1) or (2) of this part with the 
Director, Grants Administration Division, Office of Planning and 
Management, for any required grant-related deviation under 40 CFR 
30.1000, as well as the appropriate Assistant Administrator.

[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9829, Mar. 8, 1982]