. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1436 
2 October 2006 
 (06-4675) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
 
NOTIFICATION 
 
1. Member to Agreement notifying:  UNITED STATES
 
If applicable, name of local government involved:   
2. Agency responsible:  Environmental Protection Agency (EPA).  
3. Products covered (provide tariff item number(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where applicable):   Almond; almond, hulls; apple; apple wet pomace; banana; beet, sugar, dried 
pulp; beet, sugar, molasses; beet, sugar, roots; beet, sugar, tops; bushberry subgroup 13B; cattle, meat byproducts; citrus, dr ied pulp; citrus, oil; cranberry ; fruit, citrus, group 10; fruit, 
stone, group 12; goat, meat byproducts; grain, aspirated fractions; grape; horse, meat 
byproducts; peanut; pecan; sheep, meat byproduc ts; wheat, forage; wheat, grain; wheat, hay; 
and wheat, straw  and grapes.  
4. Regions or countries likely to be affected, to the extent relevant or practicable:  Any 
US trade partners.  
5. Title, language and number of pages of the notified document:  Final rule.  
Fenbuconazole; Pesticide Tolerances (A vailable in English, 7 pages).  
6. Description of content:  This regulation establishes tolera nces for combined residues of 
fenbuconazole, [alpha]-(2-(4-chlorophenyl)-eth yl)-[alpha]-phenyl-3-(1H-1,2,4-triazole)-1-
propanenitrile, and its metabolites RH-9129, cis-5-(4-chlorophenyl)-dihydro-3-phenyl-3-
(1H-1,2,4-triazole-1-ylmethyl)-2-3H-fura none, and RH-9130, trans-5-(4-chlorophenyl)-
dihydro-3-phenyl-3-(1H-1,2,4-triazole-1-ylmethyl)-2-3H-furanone, in or on    Almond at 
0.05 ppm; Almond, hulls at 1.0 ppm; Apple at 0.4 ppm; Apple, wet pomace at 1.0 ppm; 
Banana at  0.3 ppm; Beet, sugar,  dried pulp at 1.0 ppm; Beet, sugar, molasses at 0.4 ppm; 
Beet, sugar, roots at 0.3 ppm; Beet, sugar, tops at 9.0 ppm; Bushberry subgroup 13B at 
0.3 ppm; Cattle, meat byproducts at  0.05 ppm; Citrus, dried pulp at 5.0 ppm; Citrus, oil at 
40.0 ppm; Cranberry at 0.5 ppm; Fruit, citrus, group 10 at 1.0 ppm; Fruit, stone, group 12 at 
1.0 ppm; Goat, meat byproducts at 0.05 ppm; Grain, aspirated fractions at 6.0 ppm; Grape* 
at 1.0 ppm; Horse, meat byproducts at 0.05 ppm; Peanut at 0.1 ppm; Pecan at 0.05 ppm; Sheep, meat byproducts at Wheat, forage at   4.0 ppm; Wheat, grain at 0.1ppm; Wheat, hay at 8.0 ppm; Wheat, straw at 8.0 ppm. * There are no United States registrations for grape as of August 2006.  
7. Objective and rationale: [ X ] food safety,  [ X ] animal health,  [ X ] plant protection, 
[ X ] protect humans from animal/plant pest or disease, [   ] protect territory from other damage from pests   G/SPS/N/USA/1436 
Page 2  
 
  8. International standard, guideline or recommendation: 
[   ] Codex Alimentarius Commission,  [   ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention,  [   ] None 
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:  Codex MRL's are established on bananas and 
pecans at 0.05 ppm, wheat grain at 0.1 ppm, peach at 0.5 ppm, cherries at 1.0 ppm, and 
wheat straw at 3.0 ppm. Although the residue de finitions differ (i.e., Codex does not include 
the metabolites), the US tolerances for pecan s and wheat grain match the Codex limits 
numerically.  The US stone fruit crop group to lerance of 1.0 ppm is consistent with the 
highest Codex MRL on an individual member (che rries) of that crop group. In the cases of 
bananas and wheat straw, the levels of total residues in the US tolerance expression (which 
includes fenbuconazole metabolites) are higher than the Codex MRL (which excludes these 
metabolites).  Therefore, EPA has not harmonized these values.  
9. Relevant documents and language(s) in which these are available:  Federal Register: 
22 September 2006 (Volume 71, Number 184) Pages 55293-55300.   http://www.epa.gov/fedrgstr/EPA- PEST/2006/September/Day-22/p7957.htm , Available in 
English. 
10. Proposed date of adoption:  Not specified.  
11. Proposed date of entry into force:  This regulation is effectiv e 22 September 2006.  EPA 
had previously published notice of this rule  in the Federal Register of 20 July 2005.  
12. Final date for comments:  Objections and requests for hearings must be received on or 
before 21 November 2006.  
Agency or authority designated to handle comments:  [   ] National notification 
authority, [ X ] National enquiry point, or address, fax number and E-mail address (if 
available) of other body:  Registration Division (7505P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001  
13. Texts available from:  [ X ] National notifi cation authority, [   ] National enquiry 
point, or address, fax number and E-mail address (if available) of other body:  Doreen 
Chen-Moulec , United States SPS National Notification Authority, USDA Foreign 
Agricultural Service, Food Safety & Technical Services Division, Stop 1027, Washington 
D.C. 20250.  Tel:  202-690-0607;  Fax:  202-690-0677;  Email:  fstsd@fas.usda.gov