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dimethomorph (Acrobat MZ) NYS DEC Letter - Denial of Application 4/00


New York State Department of Environmental Conservation 
Division of Solid and Hazardous Materials
Bureau of Pesticides Management, Room 498 
Pesticide Product Registration Section
50 Wolf Road, Albany, New York 12233-7257 
Phone: (518) 457-7446  FAX: (518) 485-8990 
Website: www.dec.state.ny.us/website/dshm/pesticid/pesticid.htm


April 3, 2000


CERTIFIED MAIL
RETURN RECEIPT REQUESTED


Ms. Michaeleen E. Linahan 
State Registration Manager 
American Cyanamid Company 
Agricultural Products Division 
P.O. Box 400
Princeton, NJ 08543-0400


Dear Ms. Linahan:


Re: Denial of Application for Registration of Acrobat AU Fungicide (EPA Reg. No. 241-383) 
and Acrobat MZ WDG Fungicide (EPA Reg. No. 241-395)


The Department has received your request (letter dated March 31, 2000) for a time extension 
until October l, 2000 for the above mentioned pesticide product application. The 
application for registration of these two products was received by the Department on 
July 20, 1999 and the application was determined incomplete by our reviewers on September 
2, 1999. On October 29, 1999 a time extension was granted until April 1, 2000 in which to 
allow your company adequate time to complete the environmental fate requirements requested 
by the U. S. Environmental Protection Agency (USEPA) and allow the USEPA to reach a decision 
on the environmental fate and ecological effects guideline requirements.


The Department has mandated time frames within which a registration decision must be 
made. In our October 29, 1999 letter (copy enclosed) to you we informed you that we would 
grant an extension until April l, 2000. Failure to submit the requested information before 
that date would result in the termination of the review process and denial of your 
application.


To date the requested information has not been submitted. Your request for another time 
extension is denied. Therefore, the review process for Acrobat MZ Fungicide (EPA Reg. No. 
241-383) and Acrobat MZ WDG Fungicide (EPA Reg. No. 241-395) has been terminated and their 
application for registration is denied.


This letter also confirms that, based on your March 31, 2000 telephone conversation with 
me, we have your permission to shred your application instead of returning it to you.


We suggest that American Cyanamid Company wait and reapply for registration when they have
received the necessary regulatory decisions from the USEPA and have the documentation 
needed to support registration in New York State.


If you wish to pursue registration of the above mentioned products, you will be required 
to submit a new application with all required documentation and fee, or you may pursue 
the options available under Article 33-0711 of the New York State Environmental Conservation
Law. A copy of this and other documents are available at the Department's website at:

www.dec.state.ny.us/website/dshm/pesticid/pesticid.htm


Please be aware that any unregistered product may not be sold, offered for sale, distributed,
or used in New York State.


Should you have any questions regarding this letter, please contact Betty Seeley, of 
my staff at (518) 457-7446.


Sincerely,
  
Maureen P. Serafini 
Chief
Pesticide Product Registration Section