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fenthion (Baytex, Entex) Voluntary Cancellation Request 3/98


[Federal Register: March 27, 1998 (Volume 63, Number 59)]
[Notices]               
[Page 14924-14926]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr98-77]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-64037; FRL 5778-4]

 
Notice of Receipt of Request to Voluntarily Cancel Rid-A-Bird 
Perch 1100 Solution According to Memorandum of Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of request by the registrant, Rid-A-Bird, Inc. of 
Wilton, Iowa, to voluntarily cancel Rid-A-Bird Perch 1100 Solution and 
is publishing the Memorandum of Agreement (MOA) dated November 5, 1997, 
between the Agency and Registrant affecting the terms and conditions of 
this registration and its cancellation.

DATES: The effective date of this cancellation is March 1, 1999. EPA is 
providing a 180-day opportunity for comment on the request for 
voluntary cancellation of Rid-A-Bird Perch 1100 Solution. To comment, 
or for further information, contact: By mail: Dennis R. Deziel, Office 
of Pesticide Programs (7508W), Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. Office location for commercial courier, 
delivery, telephone number and e-mail: Rm. 3W26, Crystal Station, 2900 
Crystal Drive, Arlington, VA 22202, (703) 308-8173; e-mail: 
deziel.dennis@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Section 6(f)(1) of the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA), as amended, provides that a pesticide 
registrant may, at any time, request that any of its pesticide 
registrations be canceled, and pursuant to section 6(f)(1)(C), EPA must 
provide a 180-day opportunity for comment on a request for voluntary 
cancellation unless that period is waived by the registrant or EPA. In 
this case the Registrant has requested voluntary cancellation through 
the signing of a MOA dated November 5, 1997, with the Agency. This MOA 
modifies the terms and conditions of this registration and its 
cancellation.
    The Act further provides that EPA must publish a notice of receipt 
of any such request in the Federal Register before acting on the 
request. In this case the Agency is including the text of the MOA in 
this Notice of Receipt.

II. Background

    The MOA sets forth the terms between the EPA and Rid-A-Bird, Inc. 
``Registrant'' regarding Rid-A-Bird Perch 1100 Solution or ``the 
product,'' EPA Reg. No. 7579-2, a registration held by the Registrant 
under FIFRA containing the active ingredient fenthion, which is also 
known under the chemical name of O,O-Dimethyl O-(4-(methylthio)-m-
tolyl) phosphorothioate.
    The Rid-A-Bird Perch 1100 Solution is currently registered for 
control of starlings, English sparrows, and pigeons at the following 
sites: (1) In and around farm buildings and feed lots; (2) building 
tops and structural steel; (3) inside other buildings; (4) power plants 
and sub-stations; (5) storage yards; (6) loading docks; and (7) 
bridges. EPA believes that this product may pose a significant risk to 
non-target species feeding on pest species killed by the Rid-A-Bird 
Perch 1100 Solution at these sites. This concern is supported by 
numerous incidents in the United States involving mortality to non-
target species such as: barn swallows; crows; screech, short-eared, and 
great-horned owls; kestrels; sharp-shinned, Cooper's, and red-tailed 
hawks; the peregrine falcon; and the bald eagle.
    EPA and the Registrant have entered into an agreement in an effort 
to make future poisoning incidents from the Registrant's perch products 
less likely. The MOA serves as the Registrant's request for voluntary 
cancellation of the Rid-A-Bird Perch 1100 Solution with an effective 
date of March 1, 1999. After this date, the Registrant may not 
distribute or sell the Rid-A-Bird Perch 1100 Solution except for the 
purposes of recall or disposal. Persons other than the Registrant and 
producers of the product may continue to distribute, sell or use the 
product until October 1, 1999. Any use of existing stocks must be in 
accordance with the previously approved labeling accompanying the 
products. In addition, the Registrant will complete by December 1, 
1999, a recall of product held by distributors, sellers or users of the 
Rid-A-Bird Perch product after the expiration of the existing stocks 
date.
    The Registrant has also agreed to seek an experimental use permit 
(EUP) to conduct experiments necessary to support an application for 
the registration of a perch product containing the new active 
ingredient CPT, which is also known under the chemical name of 3-
chloro-4-methylbenzenamine, or 3-chloro-p-toluidine. A perch with CPT 
is expected to reduce secondary poisonings, because available data 
indicate that CPT is less toxic to most birds of prey than is fenthion. 
EPA has agreed to conduct an expedited review of the EUP application 
and any subsequent application submitted by the Registrant to support 
the registration of a CPT perch product.
    The Agreement does not affect any other uses of products containing 
the active ingredient fenthion. In addition, because this is the only 
current fenthion bird perch product, the Agreement does not affect 
other registrants of products containing fenthion.

[[Page 14925]]

III. Voluntary Cancellation Request

    This Notice announces receipt by the Agency of a request to cancel 
a pesticide product registered under section 3 of FIFRA. This 
registration is listed in the following Table 1.


     Table 1. -- Registration with Pending Requests for Cancellation    
------------------------------------------------------------------------
    Registration No.           Product Name            Chemical Name    
------------------------------------------------------------------------
7579-2.................  Rid-A-Bird Perch 1100    Fenthion              
                          Solution                                      
------------------------------------------------------------------------

    This cancellation is effective March 1, 1999.
    The following Table 2 includes the name and address of record for 
the registrant of the product in Table 1.

        Table 2. --  Registrant Requesting Voluntary Cancellation       
------------------------------------------------------------------------
   EPA                                                                  
 Company                     Company Name and Address                   
   No.                                                                  
------------------------------------------------------------------------
7579....  Rid-A-Bird, Inc. P.O. Box 436 Wilton, IA 52778                
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IV. Additional Information

    As a convience to the reader, the MOA reads as follows:

Memorandum of Agreement Between the Environmental Protection Agency and 
Rid-A-Bird, Inc. Regarding the Registration of the Rid-A-Bird Perch 
Product Containing Fenthion

    This Memorandum sets forth the terms of an Agreement 
``Agreement'' between the United States Environmental Protection 
Agency (EPA) and Rid-A-Bird, Inc. ``Registrant'' regarding Rid-A-
Bird Perch 1100 Solution or ``the product,'' EPA Reg. No. 7579-2, a 
registration held by the Registrant under the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA) containing the active 
ingredient fenthion, which is also known under the chemical name of 
O,O-Dimethyl O-(4-(methylthio)-m-tolyl) phosphorothioate.

    The Rid-A-Bird Perch 1100 Solution is currently registered for 
control of starlings, English sparrows, and pigeons at the following 
sites: (1) in and around farm buildings and feed lots; (2) building 
tops and structural steel; (3) inside other buildings; (4) power 
plants and sub-stations; (5) storage yards; (6) loading docks; and 
(7) bridges.

    This Agreement serves as the Registrant's request for voluntary 
cancellation of the Rid-A-Bird Perch 1100 Solution with an effective 
date of March 1, 1999. After this date, the Registrant may not 
distribute or sell the Rid-A-Bird Perch 1100 Solution except for the 
purposes of recall or disposal. Persons other than the Registrant 
and producers of the product may continue to distribute, sell or use 
the product until October 1, 1999. In addition, the Registrant will 
complete by December 1, 1999 a recall of product held by 
distributors, sellers or users of the Rid-A-Bird Perch product after 
the expiration of the existing stocks date. The Registrant has also 
agreed to seek an experimental use permit (EUP) to conduct 
experiments necessary to support an application for the registration 
of a perch product containing the new active ingredient CPT, which 
is also known under the chemical name of 3-chloro-4-
methylbenzenamine. EPA has agreed to conduct an expedited review of 
the EUP application and any subsequent application submitted by the 
Registrant to support the registration of a CPT perch product.

    The Agreement does not affect any other uses of products 
containing the active ingredient fenthion. In addition, because this 
is the only current fenthion bird perch product, the Agreement does 
not affect other registrants of products containing fenthion. The 
specific terms of this Agreement are as follows:

    1. This Agreement constitutes the Registrant's request for the 
voluntary cancellation of the Rid-A-Bird Perch 1100 Solution 
pursuant to section 6(f) of FIFRA. The terms of the cancellation 
will be as follows:

    (a) The effective date of cancellation will be March 1, 1999. 
The Registrant and any producer of the product may not distribute or 
sell the canceled product after such date except for the purposes of 
recall or proper disposal.
    (b) Existing stocks of the canceled product in the possession of 
persons other than the Registrant or any producer of the product may 
not be distributed, sold or used after October 1, 1999 except for 
the purposes of recall or proper disposal.
    (c) The Registrant agrees as a condition of continued 
registration of the product that it may not withdraw this request 
for voluntary cancellation.

    2. The Registrant agrees as a condition of continuing 
registration of the Rid-A-Bird Perch 1100 Solution to submit an 
amendment to include on the label or in supplemental labeling the 
following statements on all products sold or distribute by the 
Registrant or any producer of the product after May 1, 1998:

    (a) This product may not be used in starling roosting areas.
    (b) This product may not be used on sites utilized by over 200 
starlings.
    (c) This product may not be used after October 1, 1999.

    The Registrant agrees to submit proposed labeling to EPA to 
implement these changes no later than April 1, 1998.

    3. EPA will, as expeditiously as possible, review the 
Registrant's proposed labeling submitted pursuant to paragraph 2, 
and will make a good faith effort to act on the proposed labeling 
within 10 working days of receipt.

    4. The Registrant agrees to complete a recall of all canceled 
product at its own expense by December 1, 1999. The registrant 
agrees that it will contact any customer who has purchased 1 gallon 
or more of the product in the year preceding the expiration date of 
the existing stocks period under paragraph 1(b) (October 1, 1999 or 
a later date if the existing stocks date is extended pursuant to 
paragraph 7) to provide information on the return of the product. 
The communication must inform the customer that the existing stocks 
date will soon expire; that any further distribution, sale or use of 
the product after the expiration of the existing stocks date is 
unlawful; that the Registrant is recalling all unused and unopened 
product down to the user level; and that the Registrant will bear 
the cost of transportation and provide a full refund (or equivalent 
value) for any returned product. The Registrant agrees to maintain a 
log that records the name of each customer contacted and the date of 
the communication. The Registrant agrees that if the recall is not 
be completed prior to the registration of a CPT perch solution 
product (should EPA issue a registration for such a product), 
completion of the recall pursuant to the terms of this agreement 
shall be a condition of the registration of its CPT perch solution 
product.

    5. The Registrant Agrees to submit an application for an 
experimental use permit under section 5 of FIFRA and 40 CFR part 172 
for a product containing the active ingredient CPT by November 15, 
1997. Data requirements for the EUP application are set forth in 
Appendix A, ``Proposed Data Requirements for Rid-A-Bird CPT Bird 
Control Perch for Experimental Use Permit and Registration - 
September 10, 1997 [interested parties can obtain a copy of

[[Page 14926]]

Appendix A, ``proposed data requirements,'' by contacting Mr. Dan 
Peacock at (703) 305-5407]. Within two months of receipt of a 
complete EUP application, EPA will review all information contained 
in the EUP application and will provide the Registrant with lists 
of:

    (a) the terms and conditions EPA intends to impose upon issuance 
of the EUP;
    (b) revised data requirements for registration of a CPT Perch 
Solution product (if changed by the EUP review); and
    (c) the results of all reviews of data and rationales for 
extrapolating data from Starlicide to satisfy CPT requirements.

    6. After receipt by the Registrant of the above EUP review, EPA 
agrees to meet with the Registrant and/or its representatives at 
least once, if requested, to discuss any issue involving the EUP and 
registration of CPT.

    7. EPA agrees to review any complete application submitted by 
the Registrant for registration of a perch solution product 
containing the active ingredient CPT within 4 months of receipt. If 
EPA's total review time for complete EUP and registration 
applications for perch solution products containing CPT exceeds 6 
months in the aggregate, the existing stocks provisions of the 
cancellation order as set forth in paragraph 1(b), and the date for 
the recall of all canceled product as set forth in paragraph 4, 
shall each be extended by a period equal to the additional time 
utilized by EPA for the review of the applications. The effective 
date of cancellation under paragraph 1(a) shall not be extended 
unless EPA determines, in its discretion, to extend the date.

    8. The parties acknowledge that the labeling restrictions set 
forth in paragraph 2 apply only to the Rid-A-Bird Perch 1100 
Solution and are not necessarily applicable to the registration of a 
CPT perch product by the Registrant. The acceptability of labeling 
and proposed uses for a CPT perch product will be evaluated on their 
own merits by EPA pursuant to section 3 of FIFRA.

    9. The Registrant agrees that failure to comply with any of the 
conditions of registration set forth in this Agreement shall be 
grounds for cancellation of the Rid-A-Bird Perch 1100 Solution under 
section 6(e) of FIFRA.

    10. The Registrant agrees that it will not challenge or assist 
any person in challenging this Agreement in any forum.

    11. This Agreement constitutes the complete agreement reached by 
EPA and the Registrant.

    12. This Agreement shall take effect if the Registrant and EPA 
sign the Agreement. The effective date shall be the date that the 
last party signs the Agreement.

    Dated this 3rd and 5th day of November, 1997.
Steven Johnson, Acting Director, Office of Pesticide Programs, U.S. 
Environmental Protection Agency, /s/ 11/5/97.

Keith Wilson, President, Rid-A-Bird, Inc., /s/ 11/3/97.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests.

    Dated: March 18, 1998

Linda A. Travers,
Director, Information Resources and Services Division, Office of 
Pesticide Programs.

[FR Doc. 98-8067 Filed 3-26-98; 8:45 am]
BILLING CODE 6560-50-F