[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Rules and Regulations]
[Pages 43444-43447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21448]
[[Page 43443]]
_______________________________________________________________________
Part III
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Temporary Conditional Approval of Tungsten-Iron
Shot as Nontoxic for the 1996-98 Season; Final Rule
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 /
Rules and Regulations
[[Page 43444]]
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DEPARTMENT OF INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AE09
Migratory Bird Hunting; Temporary Conditional Approval of
Tungsten-Iron Shot as Nontoxic for the 1997-98 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) amends Section
20.21(j) and temporarily approves tungsten-iron shot as nontoxic for
the 1997-98 migratory bird hunting season. The toxicological report and
extensive literature search and analysis suggests that tungsten and
tungsten-iron are nontoxic under conditions for the proposed shot
configuration. Analysis of the toxicity study reveals no adverse
effects over a 30-day period when dosing mallards with 8 BB-size
tungsten-iron shot.
EFFECTIVE DATE: September 1, 1997.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, or Carol
Anderson, Wildlife Biologist, Office of Migratory Bird Management
(MBMO), (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. Currently, steel shot and
bismuth-tin shot are approved by the Service as nontoxic. The Service
believes approval for other suitable candidate shot materials as
nontoxic is feasible. Compliance with the use of nontoxic shot is
increasing over the last few years. The Service believes that this
level of compliance will continue to increase with the availability and
approval of other nontoxic shot types. The Service is eager to consider
these other materials for approval as nontoxic shot.
Federal Cartridge Company's (Anoka, MN) candidate shot is made from
sintering tungsten and iron, which forms a two-phase alloy. Shot made
from this material has a density of approximately 10.3 gm/cc, or 94
percent of the density of lead. The tested shot will contain nominally
55 percent tungsten and 45 percent iron, by weight; whereas, the
marketed shot will contain nominally 40 percent tungsten and 60 percent
iron, by weight. The pellet will have sufficient iron to attract a
magnet. The Service, in consultation with the U.S. Geological Service,
Biological Resources Division, considers the higher tungsten ratio of
the tested shot more potentially toxic and that the lower ratio of the
marketed shot poses significantly less risk.
Federal's application includes a description of the new tungsten-
iron shot, a toxicological report, and results of a 30-day dosing study
(Test 1) to assess the toxicity of this shot in game-farm mallards as
outlined in 50 CFR 20.134(c)(2). The toxicological report incorporates
toxicity information (a synopsis of acute and chronic toxicity data for
birds, acute effects on mammals, potential for environmental concern,
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.
Toxicity Information: There is considerable difference in the
toxicity of soluble and insoluble compounds of tungsten and iron.
Elemental tungsten and iron are virtually insoluble and, therefore, are
expected to be nontoxic. After completion of the literature review,
there appears to be no basis for concern of toxicity to wildlife for
the candidate shot material (metallic tungsten and iron) 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 with acids and does not easily complex. Preferential uptake by
plants in acid soil suggests uptake of tungsten in the anionic form
associated with tungsten minerals rather than elemental tungsten
(Kabata-Peddias 1984).
Environmental Concentration: The expected environmental
concentration (EEC) is defined as the concentration of a chemical in a
particular environmental compartment that is based on an estimate or
modeling simulation of use, disposal, transport, and fate of a
chemical. Calculation of the EEC for a terrestrial ecosystem is on
69,000 shot per hectare (Pain 1990), assuming complete erosion of
material in 5 cm of soil. The EEC for tungsten in soil is 32.9 mg/kg of
shot material left in the soil after the initial degradation of the
shot. This calculated amount is based on shot composed of 62.9 percent
tungsten-iron alloy, 11.87 percent tungsten, and 25.31 percent iron.
Adverse effects on biota are not expected to occur for shot components,
given the Hazard Quotients (HQs).
Calculation of the expected environmental concentration (EEC) for
an aquatic ecosystem assumes complete erosion of the shot in one cubic
foot of water. The EEC in water for tungsten was 10.5 mg/L left in the
water after the initial degredation of the shot. This calculated amount
is based on shot composed of 62.9 percent tungsten-iron alloy, 11.87
percent tungsten, and 25.31 percent iron. Given these HQs, adverse
effects on biota are not expected to occur for shot components.
An extensive literature search and review provides information on
the toxicity of elemental tungsten to waterfowl and other birds.
Ringelman et al.'s (1993) investigation of the effects of ingested
tungsten-bismuth-tin (TBT) shot on captive mallards found no acute
toxicity. Orally dosing 28-week old game-farm mallards with 12 to 17
pellets (1.03g) of TBT shot revealed no evidence of intoxication over a
period of 32 days. No birds died during the trial. Gross lesions were
not observed during the postmortem examination. Histopathological
examination did not reveal any evidence of toxicity or tissue damage.
Tungsten was not detectable in kidney or liver samples. The authors
concluded that TBT shot presents virtually no potential for acute
intoxication in mallards.
A study by Kraabel et al. (1996) assessed the effects of embedded
tungsten-bismuth-tin shot on mallards. The authors' conclusion was that
TBT is not acutely toxic when implanted in mallard muscle tissue.
Inflammatory reactions to TBT shot were localized, and had no
detectable systemic effects on mallard health.
Nell (1981) fed laying hens 0.4 or 1g/kg tungsten in a commercial
mash for five months to assess the reproductive performance. Weekly egg
production was normal and hatchability of fertile eggs was not
affected.
Large doses of tungsten given to chickens either through injection
or by feeding saw an increase in tissue concentration of tungsten and a
decreased tissue concentration of molybdenum (Nell 1981). The loss rate
of tungsten from the liver occurred in an exponential manner with a
half-life of 27 hours. The alterations in molybdenum metabolism seem to
identify with tungsten and not of molybdenum deficiency. Death due to
tungsten occurred when tissue concentrations were increased to
25g/g liver. At this concentration, the
[[Page 43445]]
activity of xanthine dehydrogenase was zero.
In Federal's dosing study, eight male and 8 female adult mallards
were given 8 #4 steel shot, 8 #4 lead shot, or 8 BB's of tungsten-iron
and observed over a 30-day period. An additional 8 males and 8 females
were given no shot. All tungsten-iron birds survived the test with a
slight increase in body weight. There were no changes in hematocrit,
hemoglobin concentration, and ALAD activity, as well as 25 plasma
chemistry parameters. Five of the 16 tungsten-iron birds had a mild
hepatocellular biliary stasis, but the authors felt this was not
remarkable. No other histopathological lesions were found. There was
some absorption of tungsten in the femur, kidney, and liver, with some
effect on the bile. In general,however, no adverse effects were seen
when mallards were given 8 BB-size tungsten-iron shot and monitored
over a 30-day period. Fifty percent of the lead-dosed birds (5 males
and 3 females) died during the 30-day test while there were no
mortalities in the other groups. Lead-dosed birds were the only ones to
display green excreta, lethargy, and ataxia. Alteration of body weights
was not significant in any of the treatments, although lead-dosed birds
which died during the trial lost an average of 30 percent of their body
weight. Hematocrit, hemoglobin concentrations, and ALAD activity were
significantly depressed at day 15 in the lead-dose females, while lead-
dose males had significantly depressed hematocrit and hemoglobin
concentration in comparison to the other three groups. There were no
significant differences in these whole-blood parameters at day 30.
As a result of the toxicological report and toxicity test the
Service concludes that tungsten-iron shot, nominally 40-55 percent
tungsten and 60-45 percent iron, by weight with <1 percent="" residual="" lead,="" does="" not="" impose="" significant="" danger="" to="" migratory="" birds="" and="" other="" wildlife="" and="" their="" habitats.="" the="" service="" has="" some="" concern="" that="" the="" absorption="" of="" tungsten="" into="" the="" femur,="" kidney,="" and="" liver="" may="" have="" some="" potential="" effect="" on="" the="" spectacled="" eider="" (somateria="" fischeri),="" a="" species="" already="" subject="" to="" adverse="" weather,="" predation,="" and="" lead="" poisoning="" when="" waterfowl="" are="" harvested="" in="" its="" yukon-kuskokwim="" delta="" (y-="" k="" delta)="" habitat="" in="" alaska.="" until="" the="" results="" of="" reproductive/chronic="" toxicity="" tests,="" which="" includes="" the="" assessment="" of="" reproduction,="" fertility="" rates,="" and="" egg="" hatchability="" (egg="" weight,="" shell="" thickness,="" and="" content="" analysis)="" have="" been="" completed="" and="" the="" service="" has="" reviewed="" the="" results,="" tungsten-iron="" shot="" cannot="" be="" conditionally="" approved="" for="" the="" y-="" k="" delta="" habitat="" in="" alaska.="" the="" first="" condition="" of="" final="" unconditional="" approval="" is="" the="" concurrent="" running="" of="" an="" adverse="" condition="" test="" (test="" 2)="" and="" a="" reproductive/chronic="" toxicity="" test="" (test="" 3)="" on="" game-farm="" mallards="" as="" outlined="" in="" 50="" cfr="" 20.134="" (c)(2)="" 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="" reproduction,="" fertility="" rates,="" and="" egg="" hatchability="" (egg="" weight,="" shell="" thickness,="" and="" content="" analysis).="" the="" test="" requires="" the="" applicant="" to="" demonstrate="" that="" tungsten-iron="" shot="" is="" nontoxic="" to="" waterfowl="" and="" their="" offspring.="" the="" second="" condition="" of="" final="" unconditional="" approval="" is="" testing="" for="" residual="" lead="" levels.="" in="" the="" federal="" register="" of="" august="" 18,="" 1995="" (60="" fr="" 43314),="" the="" service="" indicated="" it="" would="" establish="" a="" maximum="" level="" for="" residual="" lead.="" the="" service,="" in="" consultation="" with="" the="" usgs--division="" of="" biological="" resources,="" determined="" the="" maximum="" environmentally="" acceptable="" level="" of="" lead="" in="" any="" nontoxic="" shot="" is="" trace="" amounts="" or=""><1 percent="" and="" is="" incorporating="" this="" requirement="" into="" this="" rule="" and="" will="" incorporate="" it="" into="" any="" subsequent="" final="" rule="" that="" may="" be="" promulgated.="" federal="" documented="" that="" the="" tungsten-iron="" shot="" had="" no="" residual="" lead="" levels="" equal="" to="" or="" exceeding="" 1="" percent.="" the="" third="" condition="" of="" final="" unconditional="" 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="" tungsten-iron="" shot="" from="" lead="" shot.="" furthermore,="" tungsten-iron="" shot="" can="" be="" drawn="" to="" a="" magnet="" as="" a="" simple="" field="" detection="" method.="" this="" rule="" amends="" 50="" cfr="" 20.21(j)="" by="" temporarily="" approving="" tungsten-="" iron="" shot="" as="" nontoxic="" for="" the="" 1997-98="" migratory="" bird="" hunting="" season="" throughout="" the="" united="" states="" except="" for="" the="" y-k="" delta="" habitat="" in="" alaska.="" it="" is="" based="" on="" the="" original="" request="" made="" to="" the="" service="" by="" federal="" cartridge="" company="" on="" august="" 20,="" 1996,="" the="" toxicological="" report,="" and="" acute="" toxicity="" study.="" results="" of="" the="" toxicological="" report="" and="" 30-="" day="" toxicity="" test="" undertaken="" for="" federal="" cartridge="" company="" indicate="" the="" apparent="" absence="" of="" any="" deleterious="" effects="" of="" tungsten-iron="" shot="" when="" ingested="" by="" captive-reared="" mallards="" or="" to="" the="" ecosystem.="" public="" comments="" and="" responses="" the="" january="" 31,="" 1997,="" proposed="" rule="" published="" in="" the="" federal="" register="" (62="" fr="" 4877)="" invited="" public="" comments="" from="" interested="" parties.="" the="" closing="" date="" for="" receipt="" of="" all="" comments="" was="" april="" 1,="" 1997.="" during="" this="" 60-day="" comment="" period,="" the="" service="" received="" five="" comment="" letters.="" of="" these="" comment="" letters,="" three="" were="" from="" individuals="" and="" two="" from="" industry="" organizations.="" individuals="" expressed="" support="" for="" the="" temporary="" approval="" of="" tungsten-iron="" shot.="" individuals="" ``.="" .="" .="" would="" love="" the="" opportunity="" to="" try="" the="" new="" shot''="" and="" believed="" that="" ``.="" .="" .="" any="" nontoxic="" alternative="" that="" approaches="" the="" effectiveness="" of="" lead="" should="" be="" explored.''="" the="" bismuth="" cartridge="" company="" (bismuth)="" is="" concerned="" that="" the="" service="" should="" ensure="" that="" all="" applicants="" for="" non-toxic="" shot="" approval="" are="" subject="" to="" comparable="" requirements="" and="" conditions.="" the="" service="" does="" ensure="" that="" any="" candidate="" nontoxic="" material="" will="" comply="" with="" current="" regulations="" set="" forth="" in="" 50="" cfr="" 20.134="" for="" nontoxic="" shot="" approval.="" applications="" for="" approval="" must="" include="" a="" description="" of="" the="" candidate="" shot,="" a="" toxicological="" report="" on="" the="" candidate="" shot,="" and="" a="" 30-day="" dosing="" test="" with="" mallards.="" as="" new="" information="" becomes="" available,="" applications="" may="" be="" revised="" to="" include="" this="" information,="" which="" will="" assist="" the="" service="" in="" evaluating="" the="" candidate="" material.="" furthermore,="" bismuth="" stated="" that="" ``...no="" testing="" of="" reproductive="" tissues="" (i.e.,="" gonads)="" was="" conducted="" in="" association="" with="" federal's="" 30-="" day="" toxicity="" testing.''="" the="" current="" regulations="" do="" not="" require="" that="" gonads="" be="" chemically="" analyzed="" for="" metals="" in="" test="" 1.="" the="" service="" notified="" federal="" that="" this="" would="" not="" be="" a="" requirement="" during="" the="" test="" 1="" phase="" because="" federal="" demonstrated="" that="" there="" was="" existing="" data="" on="" the="" effects="" of="" tungsten="" and="" iron="" on="" the="" reproductive="" tissues="" in="" the="" scientific="" literature.="" once="" the="" shot="" is="" conditionally="" approved,="" guidance="" for="" further="" testing="" is="" provided="" to="" the="" applicant.="" following="" satisfactory="" completion="" of="" tests="" 1,="" 2,="" and="" 3,="" or="" their="" equivalent,="" and="" publication="" of="" a="" summary="" of="" these="" results="" in="" the="" federal="" register="" for="" public="" comment,="" the="" candidate="" material="" is="" concomitantly="" proposed="" for="" inclusion="" in="" 50="" cfr="" 20.21(j).="" bismuth="" is="" also="" concerned="" that="" federal="" is="" not="" being="" held="" to="" as="" strict="" a="" requirement="" as="" they="" were="" during="" their="" application="" process="" for="" approval="" of="" bismuth-tin.="" bismuth="" states="" that="" they="" [[page="" 43446]]="" conducted="" additional="" assays="" to="" demonstrate="" that="" bismuth-tin="" shot's="" residual="" lead="" levels="" were="" at="" levels="" well="" below="" the=""><1 percent="" standard.="" their="" concern="" lies="" in="" the="" fact="" that="" the="" proposed="" rule="" does="" not="" state="" that="" the="" applicant="" will="" need="" to="" provide="" data="" demonstrating="" the="" absence="" of="" any="" carcinogenic="" materials="" in="" its="" shot.="" the="" service="" required="" the="" applicant="" to="" demonstrate="" that="" the="" candidate="" shot="" contains="" no="" significant="" trace="" levels="" of="" lead="" or="" other="" toxic="" or="" carcinogenic="" materials.="" the="" service="" indicated="" in="" the="" august="" 18,="" 1995,="" federal="" register,="" that="" a="" maximum="" level="" of="" residual="" lead="" would="" be="" established.="" the="" service,="" in="" consultation="" with="" the="" usgs--division="" of="" biological="" resources="" (formerly="" the="" national="" biological="" service),="" determined="" the="" maximum="" environmentally="" acceptable="" level="" of="" lead="" in="" bismuth-tin="" shot="" is="" trace="" amounts="" or=""><1 percent.="" this="" requirement="" was="" incorporated="" in="" the="" final="" rule="" approving="" bismuth-tin="" shot.="" this="" same="" requirement="" applies="" to="" tungsten-iron="" shot.="" winchester="" states="" ``the="" shot="" sample="" submitted="" for="" the="" acute="" toxicity="" portion="" of="" the="" required="" testing="" was="" significantly="" different="" from="" the="" shot="" that="" is="" being="" marketed="" and="" requested="" for="" approval.''="" winchester="" analyzed="" samples="" of="" shot="" they="" obtained="" at="" retail="" and="" found="" that="" the="" tungsten-iron="" alloy="" phases="" varied.="" ``since="" the="" application="" indicates="" that="" the="" shot="" is="" heated="" to="" thermal="" equilibrium="" and="" not="" chemical="" equilibrium,="" this="" is="" not="" surprising.''="" furthermore,="" two="" different="" phases="" of="" intermetallic="" compound="">2W and FeW)
and pure tungsten were also present in the marketed shot. The Service
requested additional information from Federal regarding the details of
the manufacturing process of the tungsten-iron shot. Federal states the
tungsten-iron shot is sintered at 1520 deg.C under a tight time and
temperature tolerance. The Fe7W6 compound is
formed at thermal equilibrium, which takes into account all energy
factors, unlike chemical equilibrium. The shot is then quickly cooled
to ambient temperatures much like quenching steel. High cooling rates
of the tungsten-iron shot, in part due to the small size of the
tungsten-iron shot, preclude the formation of compounds other than
Fe7W6. The Fe7W6 that forms
at the 1520 deg.C sintering temperature is cooled too quickly to change
to other compounds. Transformation to other compounds is sluggish; x-
ray diffraction analysis confirms the absence of the other
intermetallic compounds. The Toxicity Test 1, and subsequent Toxicity
Tests 2 and 3, will be conducted using tungsten-iron shot representing
a ``worst-case'' scenario, i.e., the shot being tested has a higher
concentration of the Fe7W6 compound than the shot
Federal plans to manufacture for public use.
Winchester also raised their concern about the fact that the
``soft'' matrix of this tungsten-iron shot is as hard or harder than
current gun barrels which have been designed for steel shot. The
Service agrees that this should be a concern for the consumer. Federal
recognized that the hardness of the tungsten-iron shot would require a
new wad to protect shotgun bores from scouring. Federal designed a wad
made of high-density polyethylene which features three inner petals
overlapped by three outer petals so there are no exposed wad slits to
allow the shot to contact the barrel or chokes. The wad's outer petals
are designed to shear back or off once it exits the barrel.
Additionally, tungsten-iron shot is not recommended for use with older
shotguns or for fine double guns not designed to handle steel. Federal
advises that these tungsten loads should only be shot through barrels
and chokes approved for use with steel shot.
Furthermore, Winchester is concerned that the payloads and/or
pellet counts in the marketed shot have generally not been found to be
effective, efficient harvesters of game at anything but very modest
ranges. The primary shortcoming is insufficient pattern density to
ensure the necessary number of pellet strikes for consistent, clean
bagging of game. It is reasonable to expect the possibility of a high
crippling rate for either of these very low pellet count loads.
Previous uses of low pellet count, relatively high energy pellets have
generally not yielded satisfactory results. Federal recognized that
tungsten-iron shot has different ballistic properties than that of
steel and bismuth-tin shot. Consequently, they conducted ballistic
tests using ballistic software modeling and test-firing the tungsten
shot. Their research indicated that a relatively light payload with a
high velocity was the best alternative. Tests show that the new loads
shot tight patterns like steel; offered ballistic advantages of high
velocity; had better downrange energy than steel, bismuth, or lead; and
produced better penetration than the other pellet materials. The
Service expects that crippling rates may increase slightly with the
advent of any new nontoxic shot; however, continued education and
training of waterfowl hunters will help keep crippling loss to a
minimum. The effectiveness of any shot is a function of the shooter's
ability to place the pellets on the bird, the pellet's energy at point-
of-contact, and the pellet's ability to penetrate. Hunters should test
different loads with their guns before hunting with any new shot so
that adjustments can be made to their technique in order to reduce
crippling losses. Initial field testing in Canada has shown that the
tungsten-iron shot performed exceptionally well.
References
A list of references is available and will be provided upon
request.
NEPA Consideration
In compliance with the requirements of section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA) (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 December, 1996. This EA is available to the public
at the Office of Migratory Bird Management, U.S. Fish and Wildlife
Service, ms 634--ARLSQ, 1849 C Street NW., Washington D.C. 20240. Based
on review and evaluation of the information in the EA, the Service
determined the action to amend 50 CFR 20.21(j) to extend temporary
conditional approval of tungsten-iron shot as nontoxic for 1997-98 and
1998-99 migratory bird hunting seasons 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, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' (and) 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 ...'' Pursuant to section 7 of the ESA, MBMO
sought review and concurrence that this action is not likely
to adversely affect threatened, endangered, proposed, and
category 1 species. Based on review and evaluation of the toxicity
testing and available information, the Service determined that no
adverse impact on endangered and threatened species would result from
the proposed action. The results of this review may be inspected by the
public in, and will be available to the public from, the Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634--
[[Page 43447]]
ARLSQ, 1849 C Street NW, Washington D.C. 20240.
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 governmental
jurisdictions. The economic impacts of annual hunting on small business
entities were analyzed in detail and a Small Entity Flexibility
Analysis (Analysis), was issued by the Service in 1995. 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 $10 and
$59 million at small businesses in 1995. The approval of tungsten-iron
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 Service
determined this rule will have no effect on small entities since the
approved shot merely will supplement nontoxic shot already in commerce
and available throughout the retail and wholesale distribution systems.
The Service anticipates no dislocation or other local effects, with
regard to hunters and others. This rule was not subject to Office of
Management and Budget (OMB) review under Executive Order 12866. The
Service has examined this regulation under the Paperwork Reduction Act
of 1995 and found it to contain no information collection requirements.
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 government or private entities.
Civil Justice Reform--Executive Order 12988
The Service, in promulgating this rule, determines that these
regulations meet the applicable standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988.
Authorship
The primary author of this final rule is Carol Anderson, Office of
Migratory Bird Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, Part 20, Subchapter B, Chapter 1 of Title 50 of the
Code of Federal Regulations is amended 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)(2) to read as follows:
Sec. 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="" such="" shot="" approved="" as="" nontoxic="" by="" the="" director="" pursuant="" to="" procedures="" set="" forth="" in="" 20.134,="" provided="" that:="" (1)="" *="" *="" *="" (2)="" tungsten-iron="" shot="" (nominally="" 40="" parts="" tungsten:="" 60="" parts="" iron="" with=""><1 percent="" residual="" lead)="" is="" legal="" as="" nontoxic="" shot="" for="" the="" 1997-="" 98="" migratory="" bird="" hunting="" season,="" except="" for="" the="" yukon-kuskokwim="" delta="" habitat="" in="" alaska.="" dated:="" august="" 7,="" 1997.="" donald="" j.="" barry,="" acting="" assistant="" secretary="" for="" fish="" and="" wildlife="" and="" parks.="" [fr="" doc.="" 97-21448="" filed="" 8-12-97;="" 8:45="" am]="" billing="" code="" 4310-55-f="">