[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 54022-54026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26857]



[[Page 54021]]

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Part IV





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 20



Migratory Bird Hunting; Temporary Approval of Tungsten-Polymer Shot as 
Nontoxic for the 1998-99 Season; Final Rule

  Federal Register / Vol. 63, No. 194 / Wednesday, October 7, 1998 / 
Rules and Regulations  

[[Page 54022]]



DEPARTMENT OF THE 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: Final rule.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service) amends Section 
20.21(j) to grant temporary approval of tungsten-polymer shot as 
nontoxic for the 1998-99 migratory bird hunting season, except in the 
Yukon-Kuskokwim (Y-K) Delta region, Alaska. The toxicological report, 
which is an extensive literature search and analysis of tungsten and 
Nylon 6 (the polymer), 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-polymer shot.

DATES: This rule takes effect on October 7, 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: Robert J. Blohm, Acting Chief, Office 
of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 
358-1838.

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 Service established 
procedures and requirements for approval of shot and shot coatings as 
nontoxic in 1986 and published them in 50 CFR 20.134. The Service 
adopted new procedures in December 1997. These are published at 50 CFR 
20.134. Currently, only steel shot and bismuth-tin shot are approved by 
the Service as nontoxic shot. The Service granted temporary approval of 
bismuth-tin as nontoxic 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 (62 FR 43444 published 
August 18, 1997). 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.
    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. At this time, only tungsten-polymer shot with Nylon 
6 has been tested. TP shot with Nylon 11 is currently undergoing 
research and testing. Therefore, this final rule for temporary approval 
only deals with Nylon 6.
    Federal's application includes a description of the new tungsten-
polymer (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 (the material 
submitted by Federal) 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) 
tungsten-bismuth-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

[[Page 54023]]

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 
aminolevulinic acid dehydratase (an enzyme important to hemoglobin 
synthesis) 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 TP-dosed 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 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, 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 Yukon-Kuskokwim (Y-K) Delta, Alaska. Until a reproductive/chronic 
toxicity test has been completed and the Service has reviewed the 
results, TP shot cannot be conditionally approved for the Y-K Delta 
region.
    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. This requirement was incorporated into regulations at 50 CFR 
20.134(b)(6) in the December 1, 1997, final rule (62 FR 63608). Several 
noninvasive field testing devices are under development to separate TP 
shot from lead shot. Law enforcement officials can distinguish between 
shotshells containing lead pellets and those containing tungsten-
polymer in two ways. First, the headstamp of the shell will clearly 
distinguish it as a shell containing tungsten-polymer shot. Second, 
electronic devices designed to distinguish between shotshells 
containing different shot materials will register tungsten-polymer 
shells as non-toxic, similar to bismuth-tin shells.
    In summary, this rule amends 50 CFR 20.21(j) by granting temporary 
approval of tungsten-polymer shot as nontoxic for the 1998-99 migratory 
bird hunting season, except in the Y-K Delta region, 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 reviewed by the Service, and comments received on the July 27, 
1998 proposed rule (63 FR 40074). Results of the toxicological report 
and 30-day toxicity test undertaken for Federal Cartridge Company 
document the apparent absence of any deleterious effects of tungsten-
polymer shot when ingested by captive-reared mallards or to the 
ecosystem. 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-polymer shot will not be 
conditionally approved for the Y-K Delta region. A reproductive/chronic 
toxicity test will be completed and the Service will review the 
results, prior to any final unconditional approval of tungsten-polymer 
shot for migratory bird hunting.

Public Comments and Responses

    The July 27, 1998 proposed rule published in the Federal Register 
(63 FR 40077) invited public comments

[[Page 54024]]

from interested parties. The closing date for receipt of all comments 
was August 26, 1998. During this 30-day comment period, the Service 
received four comments.
    Federal Cartridge Company pointed out a minor technical discrepancy 
in our description of tungsten-polymer shot. Federal indicated that 
tungsten-polymer shot contains no iron.
    The California Waterfowl Association strongly supported the 
proposed temporary approval of tungsten-polymer shot for the 1998-99 
season. They believed that the temporary approval of tungsten-polymer 
shot was an important step to address concerns relating to efforts to 
reduce the unnecessary crippling of waterfowl through the development 
of more effective nontoxic shot materials.
    Kent Cartridge Company questioned the Service's stipulation on the 
requested reproductive testing as it relates to the Y-K Delta. Kent 
pointed out language in the July 27 Federal Register indicating that 
``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.'' Kent believed that 
these references clearly indicate that the required reproductive tests 
relates only to tungsten shot use in the Y-K Delta and that use of 
tungsten shot elsewhere in the U.S. was not so conditioned.
    The Wisconsin Department of Natural Resources (Wisconsin) supported 
the proposal to grant temporary approval of tungsten-polymer as 
nontoxic shot. Wisconsin was concerned, however, with the timing of the 
proposed and final rules. Because of the lateness of the Service's 
proposed rule, relative to the establishing and beginning of the 
migratory bird hunting seasons, Wisconsin was not able to include 
information on the status of tungsten-polymer shot in their annual 
hunting regulations pamphlet that went to press in late August. 
Wisconsin uses the pamphlet to inform their hunters as to the 
availability of different nontoxic shot materials and stated that 
because of the timing of the final rule they would not be able to 
adequately inform their hunters. Wisconsin encouraged that any 
subsequent rules on nontoxic shot be initiated earlier in the year so 
that any final rules would be published before August 1.
    Service Response: The Service has corrected the description of 
tungsten-polymer shot to indicate that the shot contains no iron.
    Regarding Kent Cartridge Company's assertions that the required 
reproductive testing relates only to the use of tungsten shots in the 
Y-K Delta, the Service would like to make clear that the required 
testing relates to the entire U.S., not just the Y-K Delta. Until a 
reproductive/chronic toxicity test has been completed and the Service 
has reviewed the results, tungsten shots will not be conditionally 
approved for the Y-K Delta region nor unconditionally approved 
elsewhere. A reproductive/chronic toxicity test will be completed and 
the Service will review the results, prior to any final unconditional 
approval of tungsten-polymer shot for migratory bird hunting.
    Regarding the timing of the proposed and final rule, the Service 
realizes the information dissemination problems caused by conditionally 
approving tungsten-polymer shot at this time. However, we believe that 
the public benefits of conditionally approving the shot outweigh any 
potential timing issues and/or problems. We believe that it is in the 
best interest of the hunting public to provide them an additional legal 
option for hunting waterfowl and coots for the 1998-99 season and it is 
in the best interest of small retailers who have stocked tungsten-
polymer shot for the coming season. Additionally, we believe that 
another nontoxic shot option likely will improve hunter compliance, 
thereby reducing the amount of lead shot in the environment.

Effective Date

    Under the APA (5 U.S.C. 553(d)) the Service waives the 30-day 
period before the rule becomes effective and finds that ``good cause'' 
exists, within the terms of 5 U.S.C. 553(d)(3) of the APA, and this 
rule will, therefore, take effect immediately upon publication. This 
rule relieves a restriction and, in addition, it is not in the public 
interest to delay the effective date of this rule. During the public 
comment period for conditional approval the Service received four 
comments. Of these comment letters, one was from a conservation 
organization, two from industry companies/representatives, and one from 
a State natural resource agency. All objections/comments have been 
remedied satisfactorily and are discussed under the Public Comment and 
Responses section of this document. It is in the best interest of 
migratory birds and their habitats to grant conditional approval on 
tungsten-polymer shot as nontoxic for the 1998-99 migratory bird 
hunting season. It is in the best interest of the hunting public to 
provide them an additional legal option for hunting waterfowl and coots 
for the 1998-99 season, which began on September 1, 1998. It is in the 
best interest of small retailers who have stocked tungsten-polymer shot 
for the coming season. The Services believes another nontoxic shot 
option likely will improve hunter compliance, thereby reducing the 
amount of lead shot in the environment.

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 pen-reared 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

[[Page 54025]]

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 a Draft Environmental Assessment 
(EA) in May, 1998 and a Final EA in September 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 grant 
temporary approval of tungsten-polymer shot as nontoxic for the 1998-99 
migratory bird hunting season 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 rule and determined that 
granting temporary approval of tungsten-polymer shot for the 1998-99 
hunting season, except on the Yukon-Kuskokwin (Y-K) Delta, is not 
likely to affect any threatened, endangered, proposed or candidate 
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

    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), under the Regulatory Flexibility Act (5 U.S.C. 
601, et seq.), was issued by the Service in 1998 (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 1996 National Hunting and Fishing Survey which it 
was estimated that migratory bird hunters would spend between $429 and 
$1084 million nationwide at small businesses in 1998. 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 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.

Executive Order 12866, and the Paperwork Reduction Act

    This rule was not subject to Office of Management and Budget (OMB) 
review under Executive Order 12866. E.O. 12866 requires each agency to 
write regulations that are easy to understand. The Service invites 
comments on how to make this rule easier to understand, including 
answers to questions such as the following: (1) Are the requirements in 
the rule clearly stated? (2) Does the rule contain technical language 
or jargon that interferes with its clarity? (3) Does the format of the 
rule (grouping and order of sections, use of headings, paragraphing, 
etc.) aid or reduce its clarity? (4) Would the rule be easier to 
understand if it were divided into more (but shorter) sections? (5) Is 
the description of the rule in the Supplementary Information section of 
the preamble helpful in understanding the rule? What else could the 
Service do to make the rule easier to understand? Send a copy of any 
comments that concern how this rule could be made easier to understand 
to: Office of Regulatory Affairs, Department of the Interior, Room 
7229, 1849 C Street, N.W., Washington, D.C. 20240. Comments may also be 
e-mailed to: E[email protected].

Congressional Review

    In accordance with Section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been 
submitted to Congress. Because this rule deals with the Service's 
migratory bird hunting program, this rule qualifies for an exemption 
under 5 U.S.C. 808(1); therefore, the Department determines that this 
rule shall take effect immediately.

Paperwork Reduction Act

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. However, 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 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.

Takings Implication Assessment

    In accordance with Executive Order 12630, these rules, authorized 
by the Migratory Bird Treaty Act, do not have significant takings 
implications and do not affect any constitutionally protected property 
rights. These rules will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
privileges that would be otherwise unavailable; and, therefore, reduce 
restrictions on the use of private and public property.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. These rules do not have a substantial 
direct effect on fiscal capacity, change the roles or responsibilities 
of Federal or State

[[Page 54026]]

governments, or intrude on State policy or administration. Therefore, 
in accordance with Executive Order 12612, these regulations do not have 
significant federalism effects and do not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    Accordingly, for reasons set out in the preamble, title 50, Chapter 
1, subchapter B, part 20 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. Amend Section 20.21 by revising paragraph (j) introductory text 
and adding paragraph (j)(3) 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 tungsten-polymer (95.5 part tungsten: 4.5 parts 
Nylon 6 with <1 percent residual lead) shot, or such shot approved as 
nontoxic by the Director pursuant to procedures set forth in 
Sec. 20.134, provided that:
* * * * *
    (3) Tungsten-polymer shot (95.5 parts tungsten: 4.5 parts Nylon 6 
with <1 percent residual lead) is legal as nontoxic shot for the 1998-
99 migratory bird hunting season, except for the Yukon-Kuskokwim Delta 
region in Alaska.

    Dated: October 1, 1998.
Donald Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-26857 Filed 10-6-98; 8:45 am]
BILLING CODE 4310-55-P