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NYS DEC Letter - Denial of Application 6/04

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials

Bureau of Pesticides Management
Pesticide Product Registration Section
625 Broadway, Albany, New York 12233-7257
Phone 518-402-8768     FAX 518-402-9024

June 10, 2004


Ms. Theresa K. Hass
State Registration Coordinator
Crompton Manufacturing Company, Inc.
74 Amity Road
Bethany, Connecticut 06524-3402

Dear Ms. Hass:

Re: Denial of Application to Register the New Active Ingredient Novaluron Contained in the Pesticide Product Pedestal™ (EPA Reg. No. 66222-40-400)

    The New York State Department of Environmental Conservation (Department) has reviewed the application and data package submitted by Crompton Manufacturing Company, Inc., and Makhteshim-Agar of North America, Inc. (MANA), in support of the application to register Pedestal™ (EPA Reg. No. 66222-40-400) containing the new active ingredient novaluron. Pedestal™ is a sub-registration of MANA's basic registration, Rimono I OSC (EPA Reg. No. 66222-40).

    Pedestal™ (10% novaluron) is a suspension concentrate containing 0.83 pounds active ingredient per gallon. Product is labeled as a foliar applied insect growth regulator for control of certain insect pests on container grown ornamentals in greenhouses, shadehouses and outdoor nurseries.

    In a letter dated January 15, 2004 (copy enclosed), the Department notified Crompton Manufacturing Company, Inc., that the new active ingredient (NAI) application was incomplete and allowed 45 days from receipt of the letter for submission of the requested documentation. Per your request, two extensions (60 days and 30 days) of the response time frame were granted. As of the date of this letter, the Department has not received the information required to proceed with a technical review of the subject application.

    Since the Department is required to operate under legislatively mandated time frames, the review process has been terminated and the subject NAI application denied due to incompleteness.

    You are reminded that the application fee is nonrefundable. If you wish to reapply, you must submit an application for registration of a NAI, application fee and supporting data specified in 6 NYCRR Part 326.16. The application should be resubmitted only when the items requested in the Department's January 15, 2004 incompleteness letter are available.

    Please be aware that Pedestal™ (EPA Reg. No. 66222-40-400) may not be sold, offered for sale, distributed, or used in New York State.

    If you have any questions on this action, please contact me, at (518) 402-8768.


Samuel J. Jackling
Pesticide Product Registration Section

cc: w/enc. - R. Everich, Makhteshim-Agan of North America, Inc.
N. Kim/D. Luttinger, NYSDOH
W. Smith, Cornell University, PSUR