[Federal Register: April 9, 1999 (Volume 64, Number 68)]
[Proposed Rules]               
[Page 17308-17309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 20

Migratory Bird Hunting; Application for Approval of HEVI-
METAL<SUP>TM</SUP> as a Nontoxic Shot Material for Waterfowl Hunting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of application.


SUMMARY: We are providing public notification that Standard Resources 
Corporation, of Cherry Hill, New Jersey, has applied for approval of 
HEVI-METAL<SUP>TM</SUP> shot as nontoxic for waterfowl hunting in the 
United States. The Service has initiated review of HEVI-
METAL<SUP>TM</SUP> under the criteria set out in Tier 1 of the revised 
nontoxic shot approval procedures contained in 50 CFR 20.134.

DATES: A comprehensive review of the Tier 1 information is to be 
concluded no later than June 8, 1999.

ADDRESSES: The Standard Resources Corporation (Standard) application 
may be reviewed in Room 634 at the Fish and Wildlife Service, Office of 
Migratory Bird Management, 4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Jon Andrew, Chief, Office of Migratory 
Bird Management, (703) 358-1714, or James R. Kelley, Jr., Wildlife 
Biologist, Office of Migratory Bird Management, (703) 358-1964.

SUPPLEMENTARY INFORMATION: We continue to provide opportunity for 
submission for approval of alternative types of shot for waterfowling 
that, when spent, does not pose a significant toxic hazard to migratory 
birds and other wildlife when ingested. Currently, only bismuth-tin and 
steel shot are unconditionally approved for use in waterfowling. 
Tungsten-iron (published October 7, 1998; 63 FR 54016), tungsten-
polymer (published October 7, 1998; 63 FR 54022), and tungsten-matrix 
(published October 19, 1998; 63 FR 55840) shot types received temporary 
conditional approval for the 1998-99 waterfowl hunting season. We are 
currently reviewing applications for approval for shot types other than 
those previously referenced in this notice. We anticipate that approval 
of additional suitable candidate shot materials as nontoxic is feasible 
in the near future.
    On January 25, 1999, Standard submitted its application with the 
counsel that it contained all of the specified information for a 
complete Tier 1 submission. Tier 1 approval for

[[Page 17309]]

HEVI-METAL<SUP>TM</SUP> is being sought under the revised test protocol 
for nontoxic approval procedures for shot and shot coatings that we 
published in 50 CFR 20.134 (December 1, 1997; 62 FR 63608).
    We have determined that Standard's application is complete, and 
have initiated a comprehensive review of the Tier 1 information. After 
this review, we will either: (1) publish a Notice of Review to inform 
the public that the Tier 1 test results are inconclusive; or (2) 
publish a proposed rule for approval of the candidate shot. We will 
indicate in a Notice of Review if we will require other tests before 
nontoxic approval of HEVI-METAL<SUP>TM</SUP> shot is again considered. 
If review of the Tier 1 application results in a preliminary 
determination that the candidate material does not pose a significant 
hazard to migratory birds, other wildlife, and their habitats, we will 
proceed with a rulemaking that proposes to approve the candidate shot.
    HEVI-METAL<SUP>TM</SUP> pellets have specific gravity of 11.0 g/
cm\3\ and are composed of 50 percent tungsten, 35 percent nickel, and 
15 percent iron. Part A of the application contains a statement of 
proposed use, a chemical and physical description of the shot material, 
a statement of the expected variability of shot during production, an 
estimate of yearly production, and a 5-pound sample of the fabricated 
shot. Part B of the application contains a discussion of the acute 
toxicities of HEVI-METAL<SUP>TM</SUP> components to mammals and to 
birds, limited information on the fate of ingested shot on a small 
sample of captive-reared mallard ducks, and a summary of the known 
toxicities of HEVI-METAL<SUP>TM</SUP> components for vertebrates. Part 
C of the application considers the effects of firing on the shot, the 
half-life of components of breakdown products, the estimated 
environmental concentration in soil and water, and other environmental 
impacts of components of the shot. References are provided to support 
the information and conclusions contained in the application; the list 
of references cited is available from us upon request.
    Authorship: The primary author of this document is James R. Kelley, 
Jr., Wildlife Biologist, Office of Migratory Bird Management.

    Dated: April 2, 1999.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 99-8921 Filed 4-8-99; 8:45 am]