[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70864-70870]
[FR Doc No: 2013-28370]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0706; FRL-9399-8]

Metaldehyde; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
metaldehyde in or on multiple commodities which are identified and
discussed later in this document. This regulation additionally removes
the established tolerances in or on berry group 13 and strawberry, as
the tolerances will be superseded by tolerances established by this
action. Interregional Research Project Number 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective November 27, 2013. Objections and
requests for hearings must be received on or before January 27, 2014,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0706, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2012-0706 in the subject line on

the first page of your submission. All objections and requests for a
hearing must be in writing, and must be received by the Hearing Clerk
on or before January 27, 2014. Addresses for mail and hand delivery of
objections and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2012-0706, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of September 28, 2012 (77 FR 59578) (FRL-
9364-6), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
2E8070) by IR-4, 500 College Rd. East, Suite 201 W., Princeton, NJ
08540. The petition requested that 40 CFR 180.523 be amended by
establishing tolerances for residues of the molluscicide metaldehyde in
or on berry, low growing, subgroup 13-07G at 6.25 parts per million
(ppm); bushberry subgroup 13-07B at 0.15 ppm; caneberry subgroup 13-07A
at 0.15 ppm; corn, field, forage at 0.25 ppm; corn, field, grain at
0.05 ppm; corn, field, stover at 0.15 ppm; corn, sweet, kernel plus cob
with husks removed at 0.05 ppm; grass, forage at 1.5 ppm; grass, hay at
1.8 ppm; leaf petioles subgroup 4B at 0.80 ppm; peppermint, oil at 14
ppm; peppermint, tops at 3.5 ppm; soybean, seed at 0.05 ppm; spearmint,
oil at 14 ppm; spearmint, tops at 3.5 ppm; taro, corm at 0.25 ppm; and
taro, leaves at 0.60 ppm. That document referenced a summary of the
petition prepared on behalf of IR-4 by Lonza, Inc., the registrant,
which is available in the docket, http://www.regulations.gov. There
were no comments received in response to the notice of filing.
    Based upon review of the data supporting the petition, EPA has
revised the proposed tolerances for several commodities and has
determined that tolerances on sweet corn forage and stover are
necessary. The Agency has also determined that the tolerance expression
should be revised for all commodities. The reasons for these changes
are explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for metaldehyde including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with metaldehyde follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    The toxicity profile of metaldehyde demonstrates that the principal
toxic effects are clinical signs of neurotoxicity, as well as changes
in the liver and testes/prostate following repeated oral dosing. The
dog is the most sensitive species for neurotoxic effects. Nervous
system effects observed in the subchronic and chronic oral toxicity
studies include: Ataxia and tremors; emesis; rapid respiration in dogs
and maternal rats; limb paralysis, spinal cord necrosis, and hemorrhage
in maternal rats; salivation; and twitching. Liver effects include
increased liver weight, increased incidence of liver lesions
(hepatocellular necrosis, hepatocellular hypertrophy and inflammation),
and an increased incidence of hepatocellular adenomas in female rats
and in both sexes of mice. In dogs, atrophy of the testes and prostate
was observed following subchronic and chronic exposure.
    In the rat developmental toxicity study, maternal toxicity was
observed as evidenced by clinical signs including ataxia, tremors, and
twitching at the highest dose tested in the absence of developmental
toxicity. There was no observed developmental or maternal toxicity in
the rabbit developmental toxicity study. In the 2-generation rat
reproductive toxicity study, mortality and clinical signs including
limb paralysis, spinal cord necrosis and hemorrhage were observed in
the maternal animals. Effects on the offspring in the rat reproductive
toxicity study consisted of decreased pup body weight and body weight
gains; reproductive toxicity was not observed.
    In the rat, clinical signs of neurotoxicity occurred at high dose
levels following repeated oral exposures. In the 90-day neurotoxicity
study, bilateral hindlimb paralysis was observed in one female rat at
the highest dose tested.
    Chronic feeding studies in rats and mice indicated that metaldehyde
produced liver effects characterized by liver hypertrophy and liver
tumors. The chronic mouse toxicity study showed that metaldehyde was
associated with a common tumor in both sexes (liver tumors, adenomas),
and the rat chronic toxicity study showed that metaldehyde was
associated with liver adenomas in the female. EPA has classified
metaldehyde as having ``suggestive evidence of carcinogenicity'' and
has determined that quantification of risk using a nonlinear reference
dose (RfD)

approach, using the chronic RfD/population-adjusted dose (PAD), will
adequately account for all chronic toxicity, including carcinogenicity,
that could result from exposure to metaldehyde. That conclusion is
based on the following considerations:
    1. Tumors found are commonly seen in the mouse.
    2. Liver tumors (adenomas) in both species were benign.
    3. Metaldehyde is not mutagenic.
    4. No carcinogenic response was seen in the male rat.
    5. Incidence of adenomas at the high dose in the female rat was
within the historical control range of the testing lab.
    6. Both the no-observed-adverse-effect-level (NOAEL) and the
lowest-observed-adverse-effect-level (LOAEL) from the chronic rat study
on which the chronic RfD/PAD was based are well below the dose at which
adenomas were seen.
    Specific information on the studies received and the nature of the
adverse effects caused by metaldehyde as well as the NOAEL and the
LOAEL from the toxicity studies can be found at http://www.regulations.gov in document: ``Metaldehyde; Human Health Risk
Assessment for Proposed Uses on Grass Grown for Seed, Leaf Petioles
[Crop Subgroup 4B], Wetland Taro, Field & Sweet Corn, Mint, and
Soybeans, and for Amendments to Existing Tolerances [Crop Subgroups 13-
07A, B, & G]'' in pp. 37-43 in docket ID number EPA-HQ-OPP-2012-0706.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which the NOAEL and the LOAEL are identified.
Uncertainty/safety factors are used in conjunction with the POD to
calculate a safe exposure level--generally referred to as a PAD or
RfD--and a safe margin of exposure (MOE). For non-threshold risks, the
Agency assumes that any amount of exposure will lead to some degree of
risk. Thus, the Agency estimates risk in terms of the probability of an
occurrence of the adverse effect expected in a lifetime. For more
information on the general principles EPA uses in risk characterization
and a complete description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for metaldehyde used for
human risk assessment is shown in Table 1 of this unit.

  Table 1--Summary of Toxicological Doses and Endpoints for Metaldehyde for Use in Human Health Risk Assessment
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                                    Point of departure
        Exposure/Scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       Risk assessment
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Acute dietary (General population  NOAEL = 30 mg/kg/day  Acute RfD = 0.30 mg/ Chronic dog oral toxicity study.
 including infants and children    UFA = 10x...........   kg/day.             LOAEL = 90 mg/kg/day, based on
 and females 13-49).               UFH = 10x...........  aPAD = 0.30 mg/kg/    clinical signs (ataxia, tremor,
                                   FQPA SF = 1x........   day.                 salivation, twitching) seen on
                                                                               day 1 of dosing (both sexes).
Chronic dietary (All populations)  NOAEL = 10 mg/kg/day  Chronic RfD = 0.10   Chronic dog oral toxicity study.
                                   UFA = 10x...........   mg/kg/day.          LOAEL = 30 mg/kg/day, based on
                                   UFH = 10x...........  cPAD = 0.10 mg/kg/    death and atrophy of the testes
                                   FQPA SF = 1x........   day.                 and prostate.
Incidental oral short-term (1 to   NOAEL = 30 mg/kg/day  LOC for MOE = 100..  Chronic dog oral toxicity study.
 30 days).                         UFA = 10x...........                       LOAEL = 90 mg/kg/day, based on
                                   UFH = 10x...........                        clinical signs (ataxia, tremor,
                                   FQPA SF = 1x........                        salivation, twitching) seen on
                                                                               day 1 of dosing (both sexes).
Incidental oral intermediate-term  NOAEL = 10 mg/kg/day  LOC for MOE = 100..  Chronic dog oral toxicity study.
 (1 to 6 months).                  UFA = 10x...........                       LOAEL = 30 mg/kg/day, based on
                                   UFH = 10x...........                        death and atrophy of the testes
                                   FQPA SF = 1x........                        and prostate.
Inhalation short-term (1 to 30     NOAEL = 30 mg/kg/day  LOC for MOE = 100..  Chronic dog oral toxicity study.
 days).                            UFA = 10x...........                       LOAEL = 90 mg/kg/day, based on
                                   UFH = 10x...........                        clinical signs (ataxia, tremor,
                                   FQPA SF = 1x........                        salivation, twitching) seen on
                                                                               day 1 of dosing (both sexes).
                                  ------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)  Classification: Suggestive Evidence of Carcinogenicity; EPA has determined
                                    that quantification of risk using the chronic RfD/PAD will adequately
                                    account for all chronic toxicity, including carcinogenicity.
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FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to metaldehyde, EPA considered exposure under the petitioned-
for tolerances as well as all existing metaldehyde tolerances in 40 CFR
180.523. EPA assessed dietary

exposures from metaldehyde in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. Such effects were identified
for metaldehyde. In estimating acute dietary exposure, EPA used the
Dietary Exposure Evaluation Model software with the Food Commodity
Intake Database (DEEM-FCID) Version 3.16, which uses food consumption
data from the U.S. Department of Agriculture's (USDA's) National Health
and Nutrition Examination Survey, ``What We Eat in America'' (NHANES/
WWEIA) from 2003 through 2008. As to residue levels in food, EPA used
tolerance-level residues for all commodities and 100 percent crop
treated (PCT) estimates. The Agency also assumed processing factors to
be 1.0 for all commodities except for dried tomato, tomato juice,
cranberry juice, and high fructose corn syrup; for these commodities,
DEEM version 7.81 default processing factors were used.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA's 2003-2008
NHANES/WWEIA. As to residue levels in food, EPA used tolerance-level
residues for all commodities and assumed 100 PCT. The Agency also
assumed processing factors to be 1.0 for all commodities except for
dried tomato, tomato juice, cranberry juice, and high fructose corn
syrup; for these commodities, DEEM version 7.81 default processing
factors were used.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that chronic RfD/PAD is protective for assessing cancer risk
to metaldehyde. Cancer risk was assessed using the same exposure
estimates as discussed in Unit III.C.1.ii.
    iv. Anticipated residue and PCT information. EPA did not use
anticipated residue and/or PCT information in the dietary assessment
for metaldehyde. Tolerance level residues and/or 100 PCT were assumed
for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for metaldehyde in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of metaldehyde. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and Pesticide Root Zone Model Ground Water (PRZM
GW), the estimated drinking water concentrations (EDWCs) of metaldehyde
for acute exposures are estimated to be 205 parts per billion (ppb) for
surface water and 1,740 ppb for ground water. Chronic exposures are
estimated to be 136 ppb for surface water and 635 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. The water concentration values
of 1,740 ppb and 635 ppb were used to assess the contribution to
drinking water for the acute and chronic dietary risk assessments,
respectively.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Metaldehyde is
currently registered for the following uses that could result in
residential exposures: Residential ornamentals and lawn/turf
applications. EPA assessed the following residential exposures:
    i. Adult handler short-term inhalation exposures from loading/
applying metaldehyde products including liquid ready-to-use products
(with manually pressurized hand wands, hose-end sprayers, and sprinkler
cans) and applying granules (via push-type rotary spreaders, belly
grinders, spoons, cups, hands, and shaker cans.)
    ii. Metaldehyde incidental postapplication exposures assessed for
children, including short-term exposure from hand-to-mouth and object-
to-mouth contact with treated turf, and short- and intermediate-term
exposures from treated soil ingestion. While EPA did calculate an acute
incidental ingestion scenario for toddlers accidentally ingesting
granules of metaldehyde, it is not appropriate to aggregate this
scenario because it represents poisoning incident which is not likely
to overlap with the typical post-application exposure scenario. Further
information regarding EPA standard assumptions and generic inputs for
residential exposures may be found at http://www.epa.gov/pesticides/science/EPA-OPP HED_Residential%20SOPS_Feb2012.pdf.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' EPA has not found
metaldehyde to share a common mechanism of toxicity with any other
substances, and metaldehyde does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that metaldehyde does not
have a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
and Protection Act Safety Factor (FQPA SF). In applying this provision,
EPA either retains the default value of 10X, or uses a different
additional SF when reliable data available to EPA support the choice of
a different factor.
    2. Prenatal and postnatal sensitivity. Developmental toxicity
studies in rats and rabbits and a 2-generation reproduction study in
rats are available to assess potential fetal and offspring sensitivity
to metaldehyde. There is no evidence of increased qualitative or
quantitative susceptibility in any of these studies.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. The toxicity database for metaldehyde is complete. EPA has
determined that the immunotoxicity study required for pesticide
registration is not needed, nor are addition UFs necessary to account
for immunotoxicity concerns. The toxicology database reveals no
evidence of treatment-related effects on the

immune system suggesting that the immune system is not the primary
target organ. EPA considers the NOAELs selected for risk assessment to
be protective of any potential immunotoxic effects for infants and
children. Given the information regarding the retrospective analysis
for immunotoxicity studies and the existing data on metaldehyde
toxicity, EPA considers the NOAELs selected for risk assessment to be
protective of potential immunotoxic effects for infants and children.
    ii. There is a concern for neurotoxicity resulting from exposure to
metaldehyde; however, most neurotoxic signs were seen in rats at doses
above 100 mg/kg. These neurotoxic signs included:
    a. Clinical signs (ataxia, twitching, tremors, prostration, paresis
of hind legs) in female rats in the developmental toxicity study.
    b. Hindlimb paralysis, necrosis and hemorrhage in the spinal cord
and vertebra luxation in F0 dams during the lactation period in the 2-
generation reproduction study.
    c. Bilateral hindlimb paralysis observed initially on day 10 in one
high-dose female sacrificed on day 22 due to poor condition in the 90-
day subchronic neurotoxicity study in rats, with no evident
neuropathology.
    d. Clinical signs (ataxia, tremors, twitching, salivation) in the
chronic dog study, which occurred within the first week of exposure and
persisted through week 19 (other signs included lateral position,
reduced mobility, convulsions, and vocalization in one female, and
agitation in another).
    EPA has determined that the acute and developmental neurotoxicity
studies are not needed, nor are additional uncertainty factors (UFs)
necessary to account for neurotoxicity. Neurotoxicity effects observed
in the rat occur only at high dose levels. The dog is the more
sensitive species for neurotoxic effects and points of departure are
based on the chronic dog oral toxicity study, which EPA considers to be
protective of any neurotoxicity at higher dose levels. Finally, there
is a subchronic neurotoxicity study available for metaldehyde with a
clearly defined NOAEL/LOAEL.
    iii. There is no evidence that metaldehyde results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 PCT and tolerance-level residues. EPA made conservative
(protective) assumptions in the ground and surface water modeling used
to assess exposure to metaldehyde in drinking water. EPA used similarly
conservative assumptions to assess postapplication incidental oral
exposures of children. These assessments will not underestimate the
exposure and risks posed by metaldehyde.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
aPAD and cPAD. For linear cancer risks, EPA calculates the lifetime
probability of acquiring cancer given the estimated aggregate exposure.
Short-, intermediate-, and chronic-term risks are evaluated by
comparing the estimated aggregate food, water, and residential exposure
to the appropriate PODs to ensure that an adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to metaldehyde will occupy 99% of the aPAD for all infants less than 1
year old, the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
metaldehyde from food and water will utilize 36% of the cPAD for all
infants less than 1 year old, the population group receiving the
greatest exposure.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). Metaldehyde
is currently registered for uses that could result in short-term
residential exposure, and the Agency has determined that it is
appropriate to aggregate chronic exposure through food and water with
short-term residential exposures to metaldehyde.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in aggregate MOEs of 1,900 for adults
and 590 for children. Because EPA's level of concern for metaldehyde is
a MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Metaldehyde is currently registered for uses that could result
in intermediate-term residential exposure, and the Agency has
determined that it is appropriate to aggregate chronic exposure through
food and water with intermediate-term residential exposures to
metaldehyde.
    Using the exposure assumptions described in this unit for
intermediate-term exposures, EPA has concluded that the combined
intermediate-term food, water, and residential exposures result in an
aggregate MOE of 280 for children. Because EPA's level of concern for
metaldehyde is a MOE of 100 or below, this MOEs is not of concern.
    5. Aggregate cancer risk for U.S. population. Based on the data
summarized in Unit III.A., EPA has concluded that a nonlinear RfD
approach is appropriate for assessing cancer risk to metaldehyde.
Cancer risk was assessed using the same cPAD and exposure estimates as
discussed in Unit III.A. and Unit III.C.1.ii. for the chronic risk
assessment. See Unit III.E.2.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to metaldehyde residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology, a gas chromatography with mass
spectrometry (GC/MS) method (EN-CAS Method No. ENC-3/99, Revision 1) is
available to enforce the tolerance expression.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health

Organization food standards program, and it is recognized as an
international food safety standards-setting organization in trade
agreements to which the United States is a party. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain the reasons for departing from the
Codex level.
    The Codex has not established a MRL for metaldehyde.

C. Revisions to Petitioned-For Tolerances

    Based on the data submitted with the petition, EPA revised the
proposed tolerances for several commodities, as follows: Corn, field,
forage from 0.25 ppm to 0.30 ppm; corn, field, stover from 0.15 ppm to
0.10 ppm; grass, forage from 1.5 ppm to 2.0 ppm; grass, hay from 1.8
ppm to 2.0 ppm; leaf petioles subgroup 4B from 0.80 ppm to 0.50 ppm;
peppermint, oil from 14 ppm to 12 ppm; peppermint, tops from 3.5 ppm to
4.0 ppm; spearmint, oil from 14 ppm to 12 ppm; spearmint, tops from 3.5
ppm to 4.0 ppm; taro, corm from 0.25 ppm to 0.15 ppm; and taro, leaves
from 0.60 ppm to 1.0 ppm. The Agency revised these tolerance levels
based on analysis of the residue field trial data using the
Organization for Economic Cooperation and Development (OECD) tolerance
calculation procedures. Additionally, the Agency has determined that
tolerances in or on corn, sweet, forage at 0.30 ppm and corn, sweet,
stover at 0.10 ppm are necessary. Because sweet corn forage and stover
may bear detectable metaldehyde residues and be used as a livestock
feedstuff, it was determined that these tolerances should be
established in order to support the use of metaldehyde in or on sweet
corn.
    Finally, the Agency has revised the tolerance expression to
clarify:
    1. That, as provided in FFDCA section 408(a)(3), the tolerance
covers metabolites and degradates of metaldehyde not specifically
mentioned.
    2. That compliance with the specified tolerance levels is to be
determined by measuring only metaldehyde.

V. Conclusion

    Therefore, tolerances are established for residues of metaldehyde,
2,4,6,8-tetramethyl-1,3,5,7-tetroxocane, in or on berry, low growing,
subgroup 13-07G at 6.25 ppm; bushberry subgroup 13-07B at 0.15 ppm;
caneberry subgroup 13-07A at 0.15 ppm; corn, field, forage at 0.30 ppm;
corn, field, grain at 0.05 ppm; corn, field, stover at 0.10 ppm; corn,
sweet, forage at 0.30; corn, sweet, kernel plus cob with husks removed
at 0.05 ppm; corn, sweet, stover at 0.10 ppm; grass, forage at 2.0 ppm;
grass, hay at 2.0 ppm; leaf petioles subgroup 4B at 0.50 ppm;
peppermint, oil at 12 ppm; peppermint, tops at 4.0 ppm; soybean, seed
at 0.05 ppm; spearmint, oil at 12 ppm; spearmint, tops at 4.0 ppm;
taro, corm at 0.15 ppm; and taro, leaves at 1.0 ppm;. The regulation
additionally removes the tolerances in or on berry group 13 at 0.15 ppm
and strawberry at 6.25 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this final rule has
been exempted from review under Executive Order 12866, this final rule
is not subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This final rule does not contain
any information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 25, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.523, revise paragraphs (a) and (c) to read as follows:

Sec.  180.523  Metaldehyde; tolerances for residues.

    (a) General. Tolerances are established for residues of the
molluscicide metaldehyde, including its metabolites and degradates, in
or on the commodities listed in the following table. Compliance with
the specified tolerance levels is to be determined by measuring only
metaldehyde, 2,4,6,8-

tetramethyl-1,3,5,7-tetroxocane, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Artichoke, globe...........................................         0.07
Berry, low growing, subgroup 13-07G........................         6.25
Bushberry subgroup 13-07B..................................         0.15
Cactus.....................................................         0.07
Caneberry subgroup 13-07A..................................         0.15
Corn, field, forage........................................         0.30
Corn, field, grain.........................................         0.05
Corn, field, stover........................................         0.10
Corn, sweet, forage........................................         0.30
Corn, sweet, kernel plus cob with husks removed............         0.05
Corn, sweet, stover........................................         0.10
Fruit, citrus, group 10....................................         0.26
Grass, forage..............................................          2.0
Grass, hay.................................................          2.0
Leaf petioles subgroup 4B..................................         0.50
Lettuce....................................................         1.73
Peppermint, oil............................................           12
Peppermint, tops...........................................          4.0
Spearmint, oil.............................................           12
Spearmint, tops............................................          4.0
Taro, corm.................................................         0.15
Taro, leaves...............................................          1.0
Tomato.....................................................         0.24
Vegetable, brassica, leafy, group 5........................          2.5
Watercress.................................................          3.2
------------------------------------------------------------------------

* * * * *
    (c) Tolerances with regional registrations. Tolerances with a
regional registration as defined in Sec.  180.1(l) are established for
residues of the molluscicide metaldehyde, including its metabolites and
degradates, in or on the following commodities. Compliance with the
specified tolerance level is to be determined by measuring only
metaldehyde, 2,4,6,8-tetramethyl-1,3,5,7-tetroxocane, in or on the
commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Soybean, seed..............................................         0.05
------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-28370 Filed 11-26-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 5, 2009 (Volume 74, Number 191)]
[Notices]
[Page 51141-51142]
[DOCID:fr05oc09-33]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP09-466-000]

Northern Natural Gas Company; Notice of Application

September 28, 2009.

    Take notice that on September 18, 2009, Northern Natural Gas
Company (Northern), 1111 South 103rd Street, Omaha, Nebraska 68124-
1000, filed in Docket No. CP09-466-000, an application pursuant to
section 7(b) of the Natural Gas Act (NGA) and Part 157 of the
Commission's regulations, requesting authorization to abandon in place
three horizontal compressor units consisting of 4,300 horsepower at its
Sunray Compressor Station and associated piping, all located in Moore
County, Texas, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. This filing
may also be viewed on the Commission's Web site at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number, excluding the
last three digits, in the docket number field to access the document.
For assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to Dari
R. Dornan, Senior Counsel, Northern Natural Gas Company, P.O. Box 3330,
Omaha, Nebraska 68103-0330, or by calling<PHONE_NUMBER> (telephone) or
(402) 398-7426 (fax<EMAIL_ADDRESS>or to Michael T. Loeffler,
Senior Director, Certificates and External Affairs, Northern Natural
Gas Company, P.O. Box 3330, Omaha, Nebraska 68103-0330, or by calling
(402) 398-7103 (telephone) or<PHONE_NUMBER> (fax),
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in

determining the appropriate action to be taken, but the filing of a
comment alone will not serve to make the filer a party to the
proceeding. The Commission's rules require that persons filing comments
in opposition to the project provide copies of their protests only to
the party or parties directly involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: October 19, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-23860 Filed 10-2-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Notices]
[Page 50908]
[FR Doc No: 2014-20278]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9914-39-Region 8]

Proposed Administrative Settlement and Order on Consent for
Remedial Investigation/Feasibility Study, Lincoln Park Superfund Site,
Canon City, Fremont County, Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of the proposed administrative
settlement proceeding under sections 104, 107, and 122(h)(1) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), as amended, 42 U.S.C. 9604, 9607, and 9622(h)(1)
among the Environmental Protection Agency (EPA), the Colorado
Department of Public Health and Environment (CDPHE), the ``Agencies,''
and the Cotter Corporation (N.S.L.) the (Settling Party). The Cotter
Corporation is the owner and operator of the uranium mill on the site
since 1957. This settlement agreement applies to and is binding upon
the EPA, the CDPHE and the Settling Party.

DATES: Comments must be submitted on or before October 27, 2014.

ADDRESSES: Comments and requests for a copy of the proposed agreement
should be addressed to Virginia Phillips, Enforcement Specialist,
Environmental Protection Agency-Region 8, Mail Code 8ENF-RC, 1595
Wynkoop Street, Denver, Colorado 80202-2466, or by electronic mail at:
<EMAIL_ADDRESS>and should reference the Lincoln Park
Superfund Site, Canon City, Colorado.
    Information is also available at the Lincoln Park Site repository
in Canon City, located at: The Royal Gorge Regional Museum and History
Center; 612 Royal Gorge Boulevard, P.O. Box 1460, Canon City, Colorado
81215,<PHONE_NUMBER>. An electronic copy of the proposed AOC is
available on the CDPHE Lincoln Park Web page at: http://recycle4colorado.ipower.com/Cotter/2014/14cotterdocs.htm

FOR FURTHER INFORMATION CONTACT: Steven Moores, Enforcement Attorney,
Legal Enforcement Program, Environmental Protection Agency-Region 8,
Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 80202-2466,
(303) 312-6857.

SUPPLEMENTARY INFORMATION: The parties enter into this agreement to:
(a) Determine the nature and extent of contamination and any threat to
the public health, welfare, or environment caused by the release or
threatened release of hazardous substances, pollutants, or contaminants
at or from the site, by conducting a remedial investigation; (b)
identify and evaluate remedial alternatives to prevent, mitigate, or
otherwise respond to or remedy any release or threatened release of
hazardous substances, pollutants, or contaminants at or from the Site,
by conducting a feasibility study (FS); and (c) provide for recovery by
the agencies of future response costs for overseeing the work to be
conducted under this settlement agreement.
    Opportunity for Comment: The proposed agreement, the Agency's
response to any comments, and additional background information
relating to the agreement are available for public inspection. For
sixty (60) days following the date of publication of this notice, the
EPA will receive written comments relating to the agreement. The EPA
will consider all comments received and may modify or withdraw its
consent to the agreement if comments received disclose facts or
considerations that indicate that the agreement is inappropriate,
improper, or inadequate.

    Dated: August 6, 2014.
Suzanne J. Bohan,
Acting Assistant Regional Administrator, Office of Enforcement,
Compliance and Environmental Justice.
[FR Doc. 2014-20278 Filed 8-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 4, 2007 (Volume 72, Number 192)]
[Notices]
[Page 56806-56808]
[DOCID:fr04oc07-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28006]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

September 28, 2007.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
September 2007. A copy of each application may be obtained for a fee at
the SEC's Public Reference Branch (tel.<PHONE_NUMBER>). An order
granting each application will be issued unless the SEC orders a
hearing. Interested persons may request a hearing on any application by
writing to the SEC's Secretary at the address below and serving the
relevant applicant with a copy of the request, personally or by mail.
Hearing requests should be received by the SEC by 5:30 p.m. on October
23, 2007, and should be accompanied by proof of service on the
applicant, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Secretary, U.S. Securities and Exchange Commission, 100
F Street, NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

Ameritor Investment Fund [File No. 811-747]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 24, 2007, applicant was liquidated,
at which time applicant's liabilities exceeded its assets. Expenses of
$6,775 incurred in connection with the liquidation were paid by
applicant and Ameritor Financial Corporation, applicant's investment
adviser.
    Filing Dates: The application was filed on July 24, 2007, and
amended on September 14, 2007.
    Applicant's Address: 4400 MacArthur Blvd., NW., Suite 301,
Washington, DC 20007.

UC Co Investment Fund LLC [File No. 811-21599]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On December
15, 2004, applicant made a liquidating distribution to its
shareholders, based on net asset value. Expenses of $1,035 incurred in
connection with the liquidation were paid by UC Co Advisors LLC,
applicant's investment adviser.
    Filing Dates: The application was filed on January 13, 2005, and
amended on April 28, 2005 and September 18, 2007.
    Applicant's Address: c/o Skadden, Arps, Slate, Meagher & Flom LLP,
Four Times Sq., New York, NY 10036.

Dryden Municipal Series Fund [File No. 811-4023]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 15, 2006, each of applicant's
series transferred its assets to Dryden National Municipals Fund, Inc.,
based on net asset value. Expenses of $1,002,000 incurred in connection
with the reorganization were paid by applicant's series.
    Filing Date: The application was filed on September 4, 2007.
    Applicant's Address: Gateway Center Three, 100 Mulberry St.,
Newark, NJ 07102-4077.

Van Kampen Trust for Investment Grade Florida Municipals [File No. 811-
6538]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 8,
2007, applicant transferred its assets to Van Kampen Trust for
Investment Grade Municipals, based on net asset value. Applicant's
preferred shares were converted into preferred shares of the acquiring
fund at a ratio of one-to-one. Expenses of $548,000 incurred in
connection with the reorganization were paid by applicant, the
acquiring fund and Van Kampen Asset Management, applicant's investment
adviser.
    Filing Date: The application was filed on September 5, 2007.
    Applicant's Address: 522 Fifth Ave., New York, NY 10036.

Asset Management Fund Large Cap Equity Institutional Fund, Inc. [File
No. 811-620]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On January 8, 2007, applicant transferred its
assets to Large Cap Equity Fund, a portfolio of Asset Management Fund,
based on net asset value. Expenses of $229,000 incurred in connection
with the reorganization were paid by applicant.
    Filing Date: The application was filed on August 31, 2007.
    Applicant's Address: 675 Third Ave., Suite 1130, New York, NY
10017.

ACM Municipal Securities Income Fund, Inc. [File No. 811-7510]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On May 18,
2007, applicant transferred its assets to AllianceBernstein National
Municipal Income Fund, Inc., based on net asset value. Each holder of
applicant's preferred shares received corresponding preferred shares of
the acquiring fund having an aggregate liquidation preference and value
equal to the aggregate liquidation preference and value of the
respective class of applicant's preferred stock. Expenses of $215,405
incurred in connection with the reorganization were paid by applicant.
    Filing Dates: The application was filed on July 24, 2007 and
amended on September 17, 2007.
    Applicant's Address: 1345 Avenue of the Americas, New York, NY
10105.

The Tocqueville Alexis Trust [File No. 811-8428]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 31, 2006, applicant transferred
its assets to The Tocqueville Fund, a series of The Tocqueville Trust,
based on net asset value. Expenses of $170,265 incurred in connection
with the reorganization were paid by Tocqueville Asset Management L.P.,
applicant's investment adviser.
    Filing Date: The application was filed on August 20, 2007.
    Applicant's Address: 40 W 57th St., 19th Floor, New York, NY 10019.

Franklin Templeton High Yield Trust [File No. 811-21358]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on August 20, 2007.
    Applicant's Address: One Franklin Parkway, San Mateo, CA 94403-
1906.

Value Line U.S. Multinational Company Fund, Inc. [File No. 811-7311]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On May 16, 2003, applicant made a liquidating
distribution to its shareholders, based on net asset value. Expenses of
$10,157 incurred in connection with the liquidation were paid by
applicant.
    Filing Dates: The application was filed on July 17, 2007 and
amended on September 5, 2007.
    Applicant's Address: 220 East 42nd St., New York, NY 10017.

Advantage Advisers Troon Fund, L.L.C. [File No. 811-8003]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 22,
2007, applicant made a final liquidating distribution to its
shareholders, based on net asset value. Expenses of $189,970 incurred
in connection with the liquidation were paid by applicant.
    Filing Dates: The application was filed on August 23, 2007, and
amended on September 20, 2007.
    Applicant's Address: c/o Oppenheimer & Co. Inc., 200 Park Ave.,
24th Floor, New York, NY 10116.

Excelsior Directional Hedge Fund of Funds NewSub, LLC [File No. 811-
22055]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering of its securities.
    Filing Dates: The application was filed on April 26, 2007, and
amended on September 18, 2007.
    Applicant's Address: c/o U.S. Trust Hedge Fund Management, Inc.,
225 High Ridge Rd., Stamford, CT 06905.

Federated Capital Income Fund, Inc. [File No. 811-5114]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On May 26, 2003, applicant transferred its
assets to Federated Capital Income Fund, a portfolio of Federated
Income Securities Trust, based on net asset value. Applicant paid
$103,804 in expenses incurred in connection with the reorganization.
    Filing Dates: The application was filed on April 17, 2007, and
amended on April 18, 2007, September 14, 2007 and September 17, 2007.
    Applicant's Address: 5800 Corporate Dr., Pittsburgh, PA 15237-7000.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-19579 Filed 10-3-07; 8:45 am]

BILLING CODE 8011-01-P