Federal Register / Vol. 66, No. 3 / Thursday, January 4, 2001 / Rules and Regulations 737

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: December 14, 2000.

David A. Ullrich,

Acting Regional Administrator, Region 5.

[FR Doc. 01–35 Filed 1–3–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 91–137, RM–7494, FCC 00–

409]

FM Broadcasting Services; Saltville,

VA and Jefferson, NC.

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In MM Docket No. 91–137,

the Commission denied an application

for review filed by Smith

Communications, licensee of Station

WZJS(FM), Channel 264A, Banner Elk,

North Carolina, of the Memorandum

Opinion and Order, 61 FR 20,490,

published May 7, 1996. The

Commission denied review because it

found no reason to depart from staff’s

reasoning set forth in the Memorandum

Opinion and Order. It found that the

staff had fully considered and rejected

each of Smith’s contentions that

irregular terrain would prevent full

signal coverage by the proposed

upgraded Jefferson, North Carolina

station. Additionally, since the release

of the Memorandum Opinion and

Order, a construction permit had been

granted for an actual transmitter site at

a location different from the theoretical

one used previously. The Commission

reexamined the expanded coverage area

from that site and found the coverage to

be adequate and of similar size to that

predicted using the theoretical site.

With this action, the proceeding is

terminated.

FOR FURTHER INFORMATION CONTACT: J.

Bertron Withers, Jr., Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTAL INFORMATION: This is a

summary of the Memorandum Opinion

and Order, MM Docket 91–137, adopted

November 17, 2000, and released

November 28, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Information Center (room

CY–A257), 445 12th Street, SW.,

Washington, DC 20554. The complete

text of this decision may be also

purchased from the Commission’s copy

contractor, International Transcription

Service, 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 01–127 Filed 1–3–01; 8:45 am]

BILLING CODE 6717–01–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AH64

Migratory Bird Hunting; Approval of

Tungsten-Nickel-Iron Shot as Nontoxic

for Hunting Waterfowl and Coots

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: We amend 50 CFR 20.21(j) to

approve shot formulated of 50%

tungsten, 35% nickel, and 15% iron as

nontoxic for hunting waterfowl and

coots. We assessed possible effects of

the tungsten-nickel-iron (TNI) shot, and

we believe that it is not a significant

threat to wildlife or their habitats and

that further testing of the shot is not

necessary. In addition, approval of TNI

shot may induce more waterfowl

hunters to switch away from illegal use

of lead shot, reducing lead risks to

species and habitats.

DATES: This rule takes effect on January

4, 2001.

ADDRESSES: Copies of the

Environmental Assessment are available

from the Chief of the Division of

Migratory Bird Management, U.S. Fish

and Wildlife Service, 4401 North Fairfax

Drive, Room 634, Arlington, Virginia

22203–1610.

FOR FURTHER INFORMATION CONTACT: Jon

Andrew, Chief, or Dr. George T. Allen,

Division of Migratory Bird Management,

703–358–1714.

SUPPLEMENTARY INFORMATION: The

Migratory Bird Treaty Act of 1918 (Act)

(16 U.S.C. 703–712 and 16 U.S.C. 742 a–

j) implements migratory bird treaties

between the United States and Great

Britain for Canada (1916 and 1996 as

amended), Mexico (1936 and 1972 as

amended), Japan (1972 and 1974 as

amended), and Russia (then the Soviet

Union, 1978). These treaties protect

certain migratory birds from take, except

as permitted under the Act. The Act

authorizes the Secretary of the Interior

to regulate take of migratory birds in the

United States. Under this authority, the

Fish and Wildlife Service controls the

hunting of migratory game birds through

regulations in 50 CFR part 20.

Since the mid-1970s, we have sought

to identify shot that does not pose a

significant toxicity hazard to migratory

birds or other wildlife. Compliance with

the use of nontoxic shot has increased

over the last few years (Anderson et al.

2000). We believe that it will continue

to increase with the approval and

availability of other nontoxic shot types.

Currently, steel, bismuth-tin, tungsteniron, tungsten-polymer, and tungstenmatrix shot are permanently approved

as nontoxic. We have approved tin shot

for the 2000–2001 hunting season (65

FR 76886). The purpose of this rule is

to approve the use of TNI shot in the

tested formulation (50% tungsten, 35%

nickel, and 15% iron by weight) for

waterfowl and coot hunting. On October

30, 2000 (65 FR 64650) we proposed to

amend 50 CFR 20.21 (j), to include TNI

shot on the list of approved nontoxic

shot types.

On April 9, 1999 (64 FR 17308), we

announced receipt of an application

from Standard Resources Corporation

(Standard) of Cherry Hill, New Jersey for

nontoxic approval of HEVI-METAL shot

in the 50% tungsten, 35% nickel, 15%

iron formulation. The density of the

shot in that formulation is 11.0 grams/

cm3. The manufacturer believes that the

shot does not need a coating because it

is sufficiently noncorrosive under

neutral pH. It is not chemically or

physically altered by firing from a

shotgun.