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nicosulfuron (Accent) Special Local Need Registration of Accent Herbicide 1/94

New York State Department of Environmental Conservation
50 Wolf Road, Albany, New York 12233
                                                    Jan. 25, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Marie Chubb
U.S. Product Registration Manager
Agricultural Products Division
E.I. DuPont de Nemours & Co., Inc.
Walkers Mill, Barley Mill Plaza
P.O. Box 80038
Wilmington, Delaware 19880-0038
Dear Ms. Chubb:
Re:  Registration of Accent Herbicide (EPA Reg. No. 352-534) and
     Accent SP Herbicide (EPA Reg. No. 352-560)
We are in receipt of your December 16, 1993 data submission
in support of a Special Local Need registration for Accent SP
Herbicide. We have reviewed this data, and found the
formulations for both Accent and Accent SP Herbicides to be
identical. Since the pre-measured soluble packets of Accent SP
would pose equal or less risk to humans or the environment, we
have approved the limited registration of Accent SP Herbicide
(EPA Reg. No. 352-560). This registration is subject to the same
terms as the original Accent registration and expires
December 31, 1994, concurrent with the other products registered
by E.I. DuPont de Nemours & Co.
In regard to the registration status of Accent Herbicide
(EPA Reg. No. 352-534), the conditions stated in our February 26,
1993 registration letter to you (copy enclosed) have still not
been fulfilled by E.I. DuPont de Nemours and Company. We
recognize that United States Environmental Protection Agency
(EPA) has granted an extension for the submission of the field
dissipation study.
Therefore, in order to allow a reasonable time period for
submission and review of this data, the Department is extending
your conditional registration for Accent Herbicide (EPA Reg.
No. 352-534) from December 31, 1993 to December 31, 1994. This
new expiration date coincides with the rest of Dupont's products.
The due date for submission of the replacement field
dissipation study has been extended by this Department from May
1993 to August 1, 1994.
The following is a reiteration of the conditions for both
registrations:
1. The registrations are for this use season, expiring
December 31, 1994. Subsequent registration will be
dependent on the Department review of the replacement
field dissipation study. This study is due to be
submitted to EPA and to this Department by August 1,
1994.
Application for both products is limited to ground
application only. Labels which contain use directions
for aerial application are not registered for use in
New York State.
Both Accent Herbicide and Accent SP Herbicide are
classified as restricted use pesticides.
Under New York State Environmental Conservation Law
(ECL) 33-0901.1: "A commercial permit is required for
the distribution, sale, offer for sale, purchase for
the purpose of resale or possession for the purpose of
resale of a restricted use pesticide."
The approved label is the current label as submitted.
Enclosed are the Certificate of Pesticide Registration and a copy
of the stamped-accepted label for your records.
If you have any questions on this matter, please contact
Maureen P. Serafini, of my staff, at (518) 457-7446.
Sincerely,
Norman H. Nosenchuck, P.E.
Director
Division of Hazardous Substances
  Regulation
Enclosures
cc:  D. Rutz - Cornell - w/encl.. 
     D. Rapp - N.Y.S. Dept. of Ag. and Mrkts. - w/encls.
***************************************************************
                                             Feb. 26, 1993
Ms. Marie Chubb
U.S. Product Registration Manager
Agricultural Products Division
E.I. DuPont de Nemours & Co., Inc.
Walkers Mill, Barley Mill Plaza
Post Office Box 80038
Wilmington, Delaware  19880-0038
Dear Ms. Chubb:
Re:  Registration of Accent Herbicide, EPA Reg. No. 352-534
The Department has approved the limited registration of
Accent Herbicide (EPA Reg. No. 352-534) containing the new active
ingredient nicosulfuron for use on field corn, popcorn and field
corn grown for seed. A copy of the certificate of Registration
and the stamped approved label are enclosed.
The Department has reviewed the information submitted in
support of the application, including the original field
dissipation study and preliminary data from the replacement study
which EPA has required as a condition of the federal
registration. This information is adequate to make a decision
regarding the seasonal registration.
The review indicates that, despite its being highly mobile
in soil, there is minimal potential for nicosulfuron, or
degradate products, to enter groundwater when properly used at
the proposed rates of application. Therefore, registration is
warranted.
The registration is subject to the following terms:
The registration is for one (1) use season, expiring
December 31, 1993. Subsequent registration will be
dependent on the Department review of the replacement
field dissipation study. This study is due to be
submitted to EPA and the Department by May, 1993.
Application is limited to ground application consistent
with the use directions on the label form H-41718
submitted February 22, 1993. This is the only approved
label. Label form H-42735, which contains use
directions for aerial application, is not registered
for use.
Accent Herbicide is classified as a 'restricted use'
product. As such, it may only be sold to and used by
certified applicators or persons under their direct
supervision. The restricted use classification is
warranted for two reasons:
Because of its high mobility in soil, nicosulfuron
has the potential to contaminate groundwater if
misapplied. Requiring applicators to be certified
will reduce the potential for misapplication.
b) By restricting the product, all sellers and end
users of Beacon will be required to provide sales
and use records. This information will be
extremely useful in developing future monitoring
programs.
The Department will be developing a comprehensive
groundwater monitoring program in the immediate future which will
include monitoring for nicosulfuron, as well as numerous other
pesticides that may have groundwater implications. At that time,
you will be asked to participate in its development and
implementation.
If you have any questions regarding this registration
action, you may contact Maureen Serafini or Frank Hegener, of my
staff at 518-457-7446.
  
Sincerely,
Norman H. Nosenchuck, P.E.
Director
Division of Hazardous Substances
  Regulations
Enclosures:  Approved Label
             Certificate of Registration
cc:  D. Rapp - NYS Dept. of Ag. & Markets.
     D. Rutz - Pesticide Mgt. Education Program