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###### Department of the Interior

###### Fish and Wildlife Service

          - [FWS-R9-MB-2008-N0194] [91200-1231-9BPP-L2]

# AGENCY:

Fish and Wildlife Service, Interior.

# ACTION:

Notice; request for comments.

# SUMMARY:

 We (Fish and Wildlife Service) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on February 28, 2009. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

# DATES:

You must send comments on or before October 14, 2008.

      ( print page 47964)    

# ADDRESSES:

                        Send your comments on the IC to Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203 (mail), or                         *hope_grey@fws.gov*                         (e-mail).                    

# FOR FURTHER INFORMATION CONTACT: 

To request additional information about this IC, contact Hope Grey by mail or e-mail (see ADDRESSES) or by telephone at (703) 358-2482.

# SUPPLEMENTARY INFORMATION:

**I. Abstract**

The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.) prohibits the unauthorized take of migratory birds and authorizes the Secretary of the Interior to regulate take of migratory birds in the United States. Under this authority, we control the hunting of migratory game birds through regulations in 50 CFR part 20. On January 1, 1991, we banned lead shot for hunting waterfowl and coots in the United States.

The regulations at 50 CFR 20.134 outline the application and approval process for new types of nontoxic shot. When considering approval of a candidate material as nontoxic, we must ensure that it is not hazardous in the environment and that secondary exposure (ingestion of spent shot or its components) is not a hazard to migratory birds. To make that decision, we require each applicant to provide information about the solubility and toxicity of the candidate material. Additionally, for law enforcement purposes, a noninvasive field detection device must be available to distinguish candidate shot from lead shot. This information constitutes the bulk of an application for approval of nontoxic shot. The Director uses the data in the application to decide whether or not to approve a material as nontoxic.

**II. Data**

*OMB Control Number:*                     1018-0067.                

*Title:*                     Approval Procedures for Nontoxic Shot and Shot Coatings, 50 CFR 20.134.                

*Service Form Number(s):*                     None.                

*Type of Request:*                     Extension of currently approved collection.                

*Affected Public:*                     Businesses that produce and/or market approved nontoxic shot types or nontoxic shot coatings.                

*Respondent's Obligation:*                     Required to obtain or retain a benefit.                

*Frequency of Collection:*                     On occasion.                

*Total Annual Number of Responses:*                     1.                

*Completion Time per Response:*                     3,200 hours.                

*Total Annual Burden Hours:*                     3,200 hours.                

*Total Annual Nonhour Cost Burden:*                     $17,500.                

**III. Request for Comments**

 We invite comments concerning this IC on:

(1) Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

(2) The accuracy of our estimate of the burden for this collection of information;

(3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

(4) Ways to minimize the burden of the collection of information on respondents.

Comments that you submit in response to this notice are a matter of public record. We will include and/or summarize each comment in our request to OMB to approve this IC. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

Dated: July 11, 2008

Hope Grey,

Information Collection Clearance Officer, Fish and Wildlife Service.

FR Doc. E8-18891 Filed 8-14-08; 8:45 am

Billing Code 4310-55-S