[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] [DOCID:fr09ap99-15] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR 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] BILLING CODE 4310-55-P