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NYS Dimethomorph (Acrobat)/Cucurbits/Phyophthora Blight Approval Letter 3/02



Date Issued: March 28, 2002
Expiration Date: September 30, 2002
Report Due: March 30, 2003
File Symbol: 02-NY-07

Ms. Maureen P. Serafini, Director
Bureau of Pesticides Management
Division of Solid & Hazardous Materials
New York State Department of Environmental Conservation
624 Broadway
Albany, New York 12233-7254

Attn: Ms. Serafini

The Environmental Protection Agency hereby grants a specific exemption under the provisions of section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, to the New York State Department of Environmental Conservation for the use of dimethomorph to control Phytophthora blight (Phytophthora capsici) in squash (summer, winter, and pumpkins), cantaloupes, watermelons and cucumbers. This specific exemption is subject to the conditions set forth in your request, as well as the following conditions and restrictions:

  1. The New York State Department of Environmental Conservation is responsible for ensuring that all provisions of this specific exemption is met. It is also responsible for providing information in accordance with 40 CFR 166.32(b). This information must be submitted to EPA headquarters and the EPA regional office within six months of the expiration date of this exemption. In accordance with 40 CFR 166.32 (a) these offices shall also be immediately informed of any adverse effects resulting from the use of this pesticide in connection with this exemption.

    Any future correspondence in connection with this exemption should refer to file symbol: 02-NY-07.

  2. The product, Acrobat 50WP, a.i. dimethomorph, (EPA Reg. No. 241-410) manufactured by BASF Corporation, may be used. All applicable directions, restrictions and precautions on the EPA-registered product label must be followed . The use directions submitted with your request, must also be used with the following revisions made in accordance with our recently disseminated "General Guidance for Preparation of Use Directions/Labeling in Connection with Emergency Exemptions".

    1. Please replace the banner, "Supplemental Labeling" with "Use Directions".

    2. Only include the EPA registration number for the product parenthetically in a statement such as the following: "All applicable directions, restrictions, and precautions on the registered product label for Acrobat 50 WP (EPA Reg. No. 241-410) are to be followed".

    3. Under "General Information", please replace "various crops" with those authorized in this emergency exemption.

    4. State that any adverse effects resulting from the use of Acrobat 50WP under this emergency exemption must be immediately reported to the New York State Department of Environmental Conservation.

  3. Acrobat 50WP may be applied by ground or air at a maximum rate of 6.4 oz. product (0.2 lb. dimethomorph) a maximum of 5 times per season. A 4-day PHI will be observed.

  4. A maximum of 3,600 acres may be treated.

  5. Applications made in accordance with the above provisions are not expected to result in residues of dimethomorph in excess of 1 ppm in squash, cantaloupe, watermelon, and cucumber. Secondary residues are not expected as a result of this proposed use. The Agency has determined that this level is adequate to protect the public health and time-limited tolerances in connection with this use originally published in the Federal Register of February 18, 1998, and extended until September 30, 2001, were re-extended until December 31, 2003.

  6. This specific exemption expires September 30, 2002.

This is the fifth year that this use has been requested under section 18 of FIFRA. IR-4 has just recently submitted a pesticide petition in support of this use. Please note that the progress towards registration will be a consideration in deciding whether future specific exemption requests for this use are approved. It would be to your advantage to keep current on such progress.

/s/ Peter Caulkins

Peter Caulkins, Acting Director
Registration Division
Office of Pesticide Programs

cc: EPA Region 2
Attn: Adrian Enache