40074 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

ADDRESSES: Written comments should

be addressed to Gregory Crawford at the

EPA Regional Office listed below.

Copies of the documents relevant to this

proposed rule are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the day of the

visit.

Environmental Protection Agency,

Region 4, Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303–3104.

South Carolina Department of Health

and Environmental Control, Bureau of

Air Quality Control, 2600 Bull Street,

Columbia, South Carolina 29201.

FOR FURTHER INFORMATION CONTACT:

Scott Davis at (404) 562–9127 or

Gregory Crawford at (404) 562–9046.

Air, Pesticides & Toxics Management

Division, Region 4, Environmental

Protection Agency, 61 Forsyth Street

SW, Atlanta, Georgia 30303.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: July 7, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 98–19935 Filed 7–24–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[MN51–01–7276b; FRL–6128–7]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Minnesota; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The United States

Environmental Protection Agency (EPA)

proposes to approve the Minnesota State

Plan submittal for implementing the

Municipal Solid Waste (MSW) Landfill

Emission Guidelines. The State’s plan

submittal was made pursuant to

requirements found in the Clean Air Act

(Act). The State’s plan was submitted to

EPA on March 4, 1997 in accordance

with the requirements for adoption and

submittal of State plans for designated

facilities in 40 CFR part 60, subpart B.

It establishes performance standards for

existing MSW landfills and provides for

the implementation and enforcement of

those standards. The EPA finds that

Minnesota’s Plan for existing MSW

landfills adequately addresses all of the

Federal requirements applicable to such

plans. In the final rules of this Federal

Register, the EPA is approving this

action as a direct final without prior

proposal because EPA views this as a

noncontroversial action and anticipates

no adverse comments. If no adverse

comments are received in response to

that direct final rule, no further activity

is contemplated in relation to this

proposed rule. If EPA receives adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed

action must be received by August 26,

1998.

ADDRESSES: Written comments should

be sent to: Carlton T. Nash, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), EPA, Region

5, 77 West Jackson Boulevard, Chicago,

Illinois 60604–3590.

FOR FURTHER INFORMATION CONTACT:

Douglas Aburano, (312) 353–6960.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final document which is located in the

Rules section of this Federal Register.

Copies of the request and the EPA’s

analysis are available for inspection at

the following address: (Please telephone

Douglas Aburano at (312) 353–6960

before visiting the Region 5 office.) EPA,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604–3590.

Authority: 42 U.S.C. 7401–7671q.

Dated: July 10, 1998.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 98–19938 Filed 7–24–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AE66

Migratory Bird Hunting; Temporary

Approval of Tungsten-Polymer Shot as

Nontoxic for the 1998–99 Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to amend

Section 20.21(j) and provide temporary

approval of tungsten-polymer shot as

nontoxic for the 1998–99 migratory bird

hunting season, except in the YukonKuskokwim (Y–K) Delta, Alaska. A

toxicological report includes an

extensive literature review, and analysis

of tungsten and Nylon 6 (the polymer)

suggests that these compounds are

nontoxic under assumed use and in the

environment. The toxicity study reveals

no adverse effects over a 30-day period

on mallards (Anas platyrhynchus) dosed

with 8 BB–size tungsten-polymer shot.

However, there is some concern that the

absorption of tungsten into the femur,

kidney, and liver could potentially

affect the spectacled eider (Somateria

fischeri), a species already subject to

adverse weather, predation, and lead

poisoning on the Yukon-Kuskokwim

(Y–K) Delta, Alaska. Until a

reproductive/chronic toxicity test has

been completed and the Service has

reviewed the results, the Service

proposes not to approve the use of

tungsten-polymer shot on the Y–K

Delta.

DATES: Comments on the proposed rule

must be received no later than August

26, 1998.

ADDRESSES: Comments may be sent to

the Chief, Office of Migratory Bird

Management (MBMO), U.S. Fish and

Wildlife Service, 1849 C Street, NW., ms

634–ARLSQ, Washington, DC 20240.

The public may inspect comments

during normal business hours in room

634, Arlington Square Building, 4401 N.

Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Paul

R. Schmidt, Chief, Office of Migratory

Bird Management, (703) 358–1714.

SUPPLEMENTARY INFORMATION: Since the

mid-1970s, the Service has sought to

identify shot that does not pose a

significant toxic hazard to migratory

birds or other wildlife. Currently, only

steel and bismuth-tin shot are approved

by the Service as nontoxic. The Service

previously granted temporary approval
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40075

for bismuth-tin on two separate actions

for the hunting seasons of 1994–95 and

1995–96. Tungsten-iron shot was given

temporary approval for the 1997–98

migratory bird hunting season. The

Service believes that approval of other

suitable candidate shot materials as

nontoxic is feasible. Compliance with

the use of nontoxic shot has increased

over the last few years. The Service

believes that compliance will continue

to increase with the approval and

availability of other nontoxic shot types.

Federal Cartridge Company’s (Anoka,

Minnesota) candidate shot is a matrix of

Nylon 6 or 11 polymer surrounding

particles of elemental tungsten. Shot

made from this material has a density of

approximately 11.2 g/cm3 or

approximately the density of lead. The

shot will contain approximately 95.5

percent tungsten and 4.5 percent Nylon

6 or 11 by weight, plus sufficient iron

to attract a magnet.

Federal’s application includes a

description of the new tungstenpolymer (TP) shot, a toxicological report

(Barr, 1996), and the results of a 30-day

dosing study of the toxicity of this shot

in game-farm mallards (Anas

platyrhynchos). The toxicological report

incorporates toxicity information (a

synopsis of acute and chronic toxicity

data for mammals and birds, potential

for environmental concern, and toxicity

to aquatic and terrestrial invertebrates,

amphibians and reptiles) and

information on environmental fate and

transport (shot alteration, environmental

half-life, and environmental

concentration). The toxicity study is a

30-day dosing test to determine if the

candidate shot poses any deleterious

effects to game-farm mallards. This will

meet the requirements for Tier 2

consideration, as described in 50 CFR

20.134(b)(3).

Toxicity Information

There is considerable difference in the

toxicity of soluble and insoluble

compounds of tungsten. Elemental

tungsten is virtually insoluble and is,

therefore, expected to be relatively

nontoxic. The potential toxicity of nylon

compounds due to degradation is

primarily associated with the stabilizers,

antioxidants, plasticizers, and unreacted

prepolymers. Residual caprolactum has

been found in some commercial Nylon

6 products, but little concern regarding

this compound has been developed

(Patty, 1981). Even though most toxicity

tests reviewed were based on soluble

tungsten compounds rather than

elemental tungsten (while the toxicity of

Nylon 6 is negligible due to its

insolubility), there appears to be no

basis for concern of toxicity to wildlife

for the TP shot (metallic tungsten and

Nylon 6) via ingestion by fish, birds, or

mammals (Bursian et al., 1996; Gigiena,

1983; Patty, 1981; Industrial Medicine,

1946; Karantassis, 1924).

Environmental Fate and Transport

Tungsten is insoluble in water and,

therefore, not mobile in hypergenic

environments. Tungsten is very stable in

acids and does not easily complex.

Preferential uptake by plants in acid soil

suggests that uptake of tungsten in the

anionic form is associated with tungsten

minerals rather than elemental tungsten

(Kabata-Pendias and Pendias, 1984).

Environmental Concentrations

Calculation of the estimated

environmental concentration (EEC) of

tungsten in a terrestrial ecosystem is

based on 69,000 shot per hectare (Pain,

1990), assuming complete erosion of

material in 5 cm of soil. The EECs for

tungsten and Nylon 6 in soil are 58.3

mg/kg and 2.7 mg/kg, respectively.

Calculation of the EEC in an aquatic

ecosystem assumes complete erosion of

the shot in one cubic foot of water. The

EECs in water for tungsten and Nylon 6

are 18.7 mg/L and 0.9 mg/L,

respectively. The Hazard Quotients

assume that complete erosion of the

shot components would occur; however,

the TP shot is considered insoluble and

is stable in basic, neutral, and mildly

acidic environments. Therefore, erosion

is expected to be minimal, and adverse

effects on biota are not expected to

occur.

Effects on Birds

An extensive literature review

provided information on the toxicity of

elemental tungsten to waterfowl and

other birds. Ringelman et al. (1993)

orally dosed 20 8-week-old game-farm

mallards with 12–17 (1.03g) tungstenbismuth-tin (TBT) pellets and

monitored them for 32 days for evidence

of intoxication. No birds died during the

trial, gross lesions were not observed

during the postmortem examination,

histopathological examinations did not

reveal any evidence of toxicity or tissue

damage, and tungsten was not

detectable in kidney or liver samples.

The authors concluded that TBT shot

presented virtually no potential for

acute intoxication in mallards.

Kraabel et al. (1996) assessed the

effects of embedded TBT shot on

mallards and concluded that TBT was

not acutely toxic when implanted in

muscle tissue. Inflammatory reactions to

TBT shot were localized and had no

detectable systemic effects on mallard

health.

Nell (1981) fed laying hens (Gallus

domesticus) 0.4 or 1 g/kg tungsten in a

commercial mash for five months to

assess reproductive performance.

Weekly egg production was normal and

hatchability of fertile eggs was not

affected. Exposure of chickens to large

doses of tungsten either through

injection or by feeding, resulted in an

increased tissue concentration of

tungsten and a decreased concentration

of molybdenum (Nell, 1981). The loss of

tungsten from the liver occurred in an

exponential manner with a half-life of

27 hours. The alterations in

molybdenum metabolism seemed to be

associated with tungsten intake rather

than molybdenum deficiency. Death

due to tungsten occurred when tissue

concentrations increased to 25 mg/g

liver. At that concentration, xanthine

dehydrogenase activity was zero.

Nylon 6 is the commercially

important homopolymer of

caprolactum. Most completely

polymerized nylon materials are

physiologically inert, regardless of the

toxicity of the monomer from which

they are made (Peterson, 1977). Few

data exist on the toxicity of Nylon 6 in

animals. Most toxicity studies relate to

thermal degradation products and so are

not relevant to the exposure of wildlife

to shot containing nylon. Montgomery

(1982) reported that feeding Nylon 6 to

rats at a level of 25 percent of the diet

for 2 weeks caused a slower rate of

weight gain, presumably due to a

decrease in food consumption and feed

efficiency. However, the rats suffered no

anatomic injuries due to the

consumption of nylon.

Federal’s 30-day dosing study

(Bursian et al., 1996) included four

treatment groups of game-farm mallards

(16 birds in each group, 8 males and 8

females) exposed to different types of

shot: 8 No. 4 steel, 8 No. 4 lead, 8 BBs

of tungsten-polymer, and none (control).

All TP-dosed birds survived the test

with no significant alteration in body

weight. There were no changes in

hematocrit, hemoglobin concentration,

or ALAD activity. The only significant

difference between no-shot, steel, and

TP males in any of the 25 plasma

chemistry parameters at day 15 was an

increase in the albumin/globulin ratio in

the TP birds when compared to the

other two groups, but the authors felt

this was not remarkable. Three TPdosed males developed mild biliary

stasis. The authors attributed this to the

intubating of mallards with 8 BBs of TP

shot inducing a pathological condition,

however, slight, that is not found in the

control birds. No other histopathological

lesions were found. In general, no

adverse effects were seen in mallards
40076 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

given 8 BB-size TP shot and monitored

over a 30-day period. Tungsten was

detected in the femur of 2 TP-dosed

females and the kidneys of 2 TP-dosed

birds; in both tissues, concentrations

were only slightly above detection

limits.

Based on the results of the

toxicological report and the toxicity test

(Tier 1 and 2), the Service concludes

that TP shot (95.5 percent tungsten and

4.5 percent Nylon 6 or 11, by weight

with <1 percent residual lead), does not

pose a significant danger to migratory

birds or other wildlife and their

habitats. However, the Service has some

concern that the absorption of tungsten

into the femur, kidney, and liver could

potentially affect the spectacled eider

(Somateria fischeri), a species already

subject to adverse weather, predation,

and lead poisoning on the YukonKuskokwim (Y–K) Delta, Alaska. Until a

reproductive/chronic toxicity test has

been completed and the Service has

reviewed the results, TP shot cannot be

approved for the Y–K Delta.

The first condition of approval is

toxicity testing. Candidate materials not

approved under Tier 1 and/or 2 testing

are subjected to standards of Tier 3

testing. The scope of Tier 3 includes

chronic exposure under adverse

environmental conditions and effects on

reproduction in game-farm mallards, as

outlined in 50 CFR 20.134 (b)(4)(A and

B) (Tier 3) and in consultation with the

Service’s Office of Migratory Bird

Management and the U.S. Geological

Survey’s Division of Biological

Resources. This study includes

assessment of long-term toxicity under

depressed temperature conditions using

a nutritionally-deficient diet, as well as

a moderately long-term study that

includes reproductive assessment. The

tests require the applicant to

demonstrate that TP shot is nontoxic to

waterfowl and their offspring.

The second condition of approval is

testing for residual lead levels. Any TP

shot with lead levels equal to or

exceeding 1 percent will be considered

toxic and, therefore, illegal. In the

August 18, 1995, Federal Register (60

FR 43314), the Service indicated that it

would establish a maximum level for

residual lead. The Service has

determined that the maximum

environmentally acceptable level of lead

in any nontoxic shot is trace amounts of

<1 percent, and has incorporated this

requirement (50 CFR 20.134(b)(5)) in the

December 1, 1997, final rule (62 FR

63608).

The third condition of approval

involves enforcement. In the August 18,

1995, Federal Register (60 FR 43314),

the Service indicated that final

unconditional approval of any nontoxic

shot would be contingent upon the

development and availability of a

noninvasive field testing device. Several

noninvasive field testing devices are

under development to separate TP shot

from lead shot. Furthermore, TP shot

can be drawn to a magnet as a simple

field detection method. This

requirement was incorporated into

regulations at 50 CFR 20.134(b)(6) in the

December 1, 1997, final rule (62 FR

63608).

This proposed rule would amend 50

CFR 20.21(j) by approving temporary

approval of TP shot as nontoxic for

migratory bird hunting, except in the

Yukon-Kuskokwim (Y–K) Delta, Alaska.

It is based on the original request made

to the Service by Federal Cartridge

Company on July 16, 1997, the

toxicological report, and acute toxicity

study. Results of the toxicological report

and 30-day toxicity test undertaken for

Federal Cartridge Company document

the apparent absence of any deleterious

effects of TP shot when ingested by

captive-reared mallards or to the

ecosystem.

References

Barr Engineering Company. 1996. Toxicology

report on new shot. Contract Report

2302118/40970091/CET. 21 pp.

Bursian, S. J., M. E. Kelly, R. J. Aulerich, D.

C. Powell, and S. Fitzgerald. 1996.

Thirty-day dosing test to assess the

toxicity of tungsten-polymer shot in

game-farm mallards. Report to Federal

Cartridge Co. 77 pp.

Gigiema I. Sanitariya. 1983.

Mezhdunarodnaya Kniga. Moscow,

USSR. 48(7):77.

Grandy, J. W., L. N. Locke and G. E. Bagley.

1968. Relative toxicity of lead and five

proposed substitute shot types to penreared mallards. Journal of Wildlife

Management 32(3):483–488.

Industrial Medicine. 1946. Volume 15, p.

482.

Interagency Ecosystem Management Task

Force. 1995. The ecosystem approach:

healthy ecosystems and sustainable

economics. Volume II-Implementation

Issues.

Kabata-Pendias, A. and H. Pendias. 1984.

Trace elements in soil and plants. CRC

Press, Inc. Boca Raton, FL.

Karantassis, T. 1924. On the toxicity of

compounds of tungsten and

molybdenum. Ann. Med.

28:1541091543.

Kraabel, F. W., M. W. Miller, D. M. Getzy,

and J. K. Ringleman. 1996. Effects of

embedded tungsten-bismuth-tin shot and

steel shot on mallards. Journal of

Wildlife Diseases 38(1):1098.

Montgomery, R. R. 1982. Polymers. In Patty’s

Industrial Hygiene and Toxicology, Vol.

IIIA (G. D. Clayton and F. E. Clayton,

Eds.) pp. 4209–4526. John Wiley and

Sons, NY.

Nell, J. A, W. L. Bryden, G. S. Heard, and D.

Balnave. 1981. Reproductive

performance of laying hens fed tungsten.

Poultry Science 60(1):257–258.

Pain, D. J. 1990. Lead shot ingestion by

waterbirds in the Carmarque, France: an

investigation of levels and interspecific

difference. Environ. Pollut. 66:273–285.

Patty’s Industrial Hygiene and Toxicology.

1981. Wiley Interscience. Wiley & Sons,

Inc. NY, NY. Third Edition.

Peterson, J. E. 1977. Industrial Health.

Prentice-Hall, Englewood Cliffs, NJ.

Ringelman, J. K., M. W. Miller and W. F.

Andelt. 1993. Effects of ingested

tungsten-bismuth-tin shot on mallards.

Colorado Division of Wildlife, Fort

Collins, 24 pp.

NEPA Consideration

In compliance with the requirements

of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42

U.S.C. 4332(C)), and the Council on

Environmental Quality’s regulation for

implementing NEPA (40 CFR 1500–

1508), the Service prepared an

Environmental Assessment (EA) in May,

1998. This EA is available to the public

at the location indicated under the

ADDRESSES caption. Based on review

and evaluation of the information in the

EA, the Service has determined that

amending 50 CFR 20.21(j) to provide

approval of TP shot as nontoxic for

migratory bird hunting would not be a

major Federal action that would

significantly affect the quality of the

human environment.

Endangered Species Act Considerations

Section 7 of the Endangered Species

Act (ESA) of 1972, as amended (16

U.S.C. 1531 et seq.), provides that

Federal agencies shall ‘‘insure that any

action authorized, funded or carried out

. . . is not likely to jeopardize the

continued existence of any endangered

species or threatened species or result in

the destruction or adverse modification

of (critical) habitat . . .’’ The Service has

completed a Section 7 consultation

under the ESA for this proposed rule,

which stated the ‘‘use of tungstenpolymer shot is not likely to adversely

affect listed species.’’ The result of the

Service’s consultation under Section 7

of the ESA is available to the public at

the location indicated under the

ADDRESSES caption.

Regulatory Flexibility Act, Executive

Order 12866, and the Paperwork

Reduction Act

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires the

preparation of flexibility analyses for

rules that will have a significant effect

on a substantial number of small

entities, which includes small

businesses, organizations, or
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40077

governmental jurisdictions. The

economic impacts of annual hunting on

small business entities were analyzed in

detail and a Small Entity Flexibility

Analysis (Analysis), under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), was issued by the Service in

1996 (copies available upon request

from the Office of Migratory Bird

Management). The Analysis

documented the significant beneficial

economic effect on a substantial number

of small entities. The primary source of

information about hunter expenditures

for migratory game bird hunting is the

National Hunting and Fishing Survey,

which is conducted at 5-year intervals.

The Analysis utilized the 1991 National

Hunting and Fishing Survey and the

U.S. Department of Commerce’s County

Business Patterns from which it was

estimated that migratory bird hunters

would spend between $254 and $592

million at small businesses in 1996. The

approval of tungsten-polymer as an

alternative shot to steel and bismuth-tin

will have a minor positive impact on

small businesses by allowing them to

sell a third nontoxic shot to the hunting

public. However, the overall effect to

hunting expenditures in general would

be minor. Therefore, the Department of

the Interior certifies that this document

will not have a significant economic

effect on a substantial number of small

entities under the Regulatory Flexibility

Act. The approved shot will merely

supplement nontoxic shot already in

commerce and available throughout the

retail and wholesale distribution

systems, therefore, this rule would have

minimal effect on such entities. The

Service anticipates no dislocation or

other local effects with regard to hunters

and others. This document is not a

significant rule subject to Office of

Management and Budget review under

Executive Order 12866.

This rule does not contain collections

of information that require approval by

the Office of Management and Budget

under 44 U.S. C. 3501 et seq. The

Service does have OMB approval (1018–

0067; expires 06/30/2000) for

information collection relating to what

manufacturers of shot are required to

provide the Service for the nontoxic

shot approval process. For further

information see 50 CFR 20.134.

Unfunded Mandates Reform

The Service has determined and

certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost

of $100 million or more in any given

year on local or State governments or

private entities.

Civil Justice Reform—Executive Order

12988

The Department has determined that

these proposed regulations meet the

applicable standards provided in

Sections 3(a) and 3(b)(2) of Executive

Order 12988.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting

and recordkeeping requirements,

Transportation, Wildlife.

Accordingly, the Service proposes to

amend part 20, subchapter B, chapter 1

of Title 50 of the Code of Federal

Regulations as follows:

PART 20—[AMENDED]

1. The authority citation for part 20

continues to read as follows:

Authority: 16 U.S.C. 703–712 and 16

U.S.C. 742 a–j.

2. Section 20.21 is amended by

revising paragraph (j) introductory text

and adding paragraph (j)(3) to read as

follows:

20.21 Hunting methods.

* * * * *

(j) While possessing shot (either in

shotshells or as loose shot for

muzzleloading) other than steel shot, or

bismuth-tin (97 parts bismuth: 3 parts

tin with <1 percent residual lead) shot,

or tungsten-iron ([nominally] 40 parts

tungsten: 60 parts iron with <1 percent

residual lead) shot, or tungsten-polymer

(95.5 part tungsten: 4.5 parts Nylon 6 or

11 with <1 percent residual lead) shot,

or such shot approved as nontoxic by

the Director pursuant to procedures set

forth in 20.134, provided that:

* * * * *

(3) Tungsten-polymer shot (95.5 parts

tungsten: 4.5 parts Nylon 6 or 11 with

<1 percent residual lead) is legal as

nontoxic shot for the 1998–99 migratory

bird hunting season, except for the

Yukon-Kuskokwim Delta habitat in

Alaska.

Dated: July 14, 1998.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 98–19890 Filed 7–24–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AE35

Migratory Bird Hunting; Extension of

Temporary Approval of Tungsten-Iron

Shot as Nontoxic for the 1998–99

Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) is proposing to amend

Section 20.21(j) to grant temporary

approval of tungsten-iron shot as

nontoxic for the 1998–99 migratory bird

hunting season, except in the YukonKuskokwim (Y–K) Delta, Alaska. The

Service had previously granted

temporary approval of tungsten-iron

shot as nontoxic for the 1997–98 season.

The toxicological report, which is an

extensive literature search and analysis

of tungsten and tungsten-iron, suggests

that these compounds are nontoxic

under assumed use and in the

environment. Analysis of the toxicity

study reveal no adverse effects over a

30-day period when dosing mallards

(Anas platyrhynchos) with 8 BB size

tungsten-iron shot. However, there is

some concern that the absorption of

tungsten into the femur, kidney, and

liver could potentially affect the

spectacled eider (Somateria fischeri), a

species already subject to adverse

weather, predation, and lead poisoning

on the Y–K Delta. Until a reproductive/

chronic toxicity test has been completed

and the Service has reviewed the

results, tungsten, iron shot will not be

approved for the Y–K Delta.

DATES: Comments on the proposed rule

must be received no later than August

26, 1998.

ADDRESSES: Copies of the EA are

available by writing to the Chief, Office

of Migratory Bird Management (MBMO),

U.S. Fish and Wildlife Service, 1849 C

Street, NW., room 634-ARLSQ,

Washington, DC 20240. The public may

inspect comments during normal

business hours in room 634, Arlington

Square Building, 4401 N. Fairfax Drive,

Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Paul

R. Schmidt, Chief, Office of Migratory

Bird Management, (703) 358–1714.

SUPPLEMENTARY INFORMATION: Since the

mid-1970s, the Service has sought to

identify shot that, when spent, does not

pose a significant toxic hazard to

migratory birds and other wildlife. The