[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Page 30044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14472]



[[Page 30043]]

_______________________________________________________________________

Part II





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



Migratory Bird Hunting; Application for Approval of Tungsten-Matrix as 
a Nontoxic Shot Material for Waterfowl Hunting; Notice

Federal Register / Vol. 63, No. 105 / Tuesday June 2, 1998 / 
Notices

[[Page 30044]]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Migratory Bird Hunting; Application for Approval of Tungsten-
Matrix as a Nontoxic Shot Material for Waterfowl Hunting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of application.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service) is providing 
public notification that the Kent Cartridge Manufacturing Company, Ltd. 
(Kent Cartridge), of Kearneysville, West Virginia, has applied for 
approval of Tungsten-matrix shot as nontoxic for waterfowl hunting in 
the United States. The Service has initiated review of Tungsten-matrix 
under the criteria set out in Tier 1 of the nontoxic shot approval 
procedures given at 50 CFR 20.134.

DATES: A comprehensive review of the Tier 1 information is to be 
concluded by August 3, 1998.

ADDRESSES: The Kent Cartridge 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: Paul R. Schmidt, Chief, Office of 
Migratory Bird Management, (703) 358-1714, or Keith A. Morehouse, 
Wildlife Biologist, North American Waterfowl and Wetlands Office, (703) 
358-1784.

SUPPLEMENTARY INFORMATION: The Service continues to seek to identify 
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 approved by the Service 
for use in waterfowling. Tungsten-iron shot received temporary 
conditional approval for the 1997-98 waterfowl hunting season 
(published August 18, 1997; 62 FR 43444). The Service is currently 
reviewing applications for approval for shot types other than those 
previously referenced in this notice, and it is anticipated that the 
certification of additional suitable candidate shot materials as 
nontoxic is feasible in the near future.
    On March 13, 1998, Kent Cartridge submitted its application with 
the counsel that it contained all of the specified information for a 
complete Tier 1 submittal and requested unconditional approval pursuant 
to the Tier 1 time frame. Kent Cartridge also advised that it had 
arranged for Tier 2 level acute toxicity studies to support its Tier 1 
submittal and would soon be providing those results to the Service. 
Approval is sought by Kent Cartridge for Tungsten-matrix (see 
composition below) as nontoxic pursuant to 50 CFR 20.134 (recently 
amended, see 62 FR 63608; December 1, 1997).
    The Service has determined that the application is complete, and 
has initiated a comprehensive review of the Tier 1 information. After 
this review, the Service 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. The Notice 
of Review will indicate whether other tests will be required before 
nontoxic approval of the Tungsten-matrix shot is again considered. If 
the Tier 1 data review results in a preliminary determination that the 
candidate material does not pose a significant hazard to migratory 
birds, other wildlife, and their habitats, the Service will go forward 
with a rulemaking which proposes to approve the candidate shot.
    Kent Cartridge's candidate shot is fabricated from what is 
described in their application as ``* * * a mixture of powdered metals 
in a plastic matrix whose density is comparable to that of lead. All 
component metals are present as elements, not compounds. Tungsten-
matrix pellets have specific gravity of 9.8 g/cm<SUP>3</SUP> and is 
composed of 88 percent tungsten, 4 percent nickel, 2 percent iron, 1 
percent copper, and 5 percent polymers by mass.''
    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 the 
Tungsten-matrix components to mammals and to birds, the fate of 
ingested shot on captive-reared mallard ducks, ingestion of the shot by 
other vertebrates, and a summary of the known Tungsten-matrix toxicity 
information 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, 
other environmental impacts of components of the shot, and a summarized 
request for approval. References are provided to support the 
information and conclusions contained in the application; the list of 
references cited is available from the Service upon request.
    Authorship: The primary author of this Notice of Application is 
Keith A. Morehouse, Wildlife Biologist, North American Waterfowl and 
Wetlands Office.

    Dated: May 19, 1998.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-14472 Filed 6-1-98; 8:45 am]
BILLING CODE 4310-55-P