Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53665 

(2) The other provisions of this 

section apply to the estates of decedents 

dying on or after October 20, 2009, to 

which section 2058 is not applicable. 

■ Par. 9. Section 20.2053–10 is 

amended by removing the language 

‘‘district director’’ and adding the 

language ‘‘Commissioner’’ in its place in 

paragraph (c) and by adding a new 

paragraph (e) to read as follows: 

§ 20.2053–10 Deduction for certain foreign 

death taxes. 

* * * * * 

(e) Effective/applicability date. This 

section applies to the estates of 

decedents dying on or after October 20, 

2009. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: October 14, 2009. 

Michael F. Mundaca, 

Acting Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. E9–25138 Filed 10–16–09; 11:15 

am] 

BILLING CODE 4830–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2190; MB Docket No. 09–160; RM– 

11558] 

Television Broadcasting Services; 

Traverse City, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by 

Barrington Traverse City License LLC, 

the permittee of station WPBN–TV, 

channel 7, Traverse City, Michigan, 

requesting the substitution of channel 

47 for its allotted channel 7 at Traverse 

City. 

DATES: This rule is effective October 20, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–160, 

adopted October 7, 2009, and released 

October 8, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Michigan, is amended by adding 

channel 47 and removing channel 7 at 

Traverse City. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–25234 Filed 10–19–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[Docket No. FWS–R9–MB–2009–0003; 

91200–1231–9BPP] 

RIN 1018–AW46 

Migratory Bird Hunting; Approval of 

Tungsten-Iron-Fluoropolymer Shot 

Alloys as Nontoxic for Hunting 

Waterfowl and Coots; Availability of 

Final Environmental Assessment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule; availability of final 

environmental assessment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, approve tungsten-ironfluoropolymer shot alloys for hunting 

waterfowl and coots. Having completed 

our review of the application materials, 

we have concluded that these alloys are 

very unlikely to adversely affect fish, 

wildlife, or their habitats. We therefore 

add this shot type to the list of those 

approved for hunting waterfowl and 

coots. 

DATES: This rule is effective on October 

20, 2009. 

ADDRESSES: You can view the final 

environmental assessment for this 

action on http://www.regulations.gov, or 

you can obtain a copy by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

George T. Allen, Division of Migratory 

Bird Management, 703–358–1825. 

SUPPLEMENTARY INFORMATION: 

Background 

The Migratory Bird Treaty Act of 1918 

(Act) (16 U.S.C. 703–711) and the Fish 

and Wildlife Improvement Act of 1978 

(16 U.S.C. 712) implement migratory 

bird treaties between the United States 

and Great Britain for Canada (1916, 

amended), Mexico (1936, amended), 

Japan (1972, amended), and Russia 

(then the Soviet Union, 1978). These 

treaties protect certain migratory birds 

from take, except as permitted under the 

Acts. The Acts authorize the Secretary 

of the Interior to regulate take of 

migratory birds in the United States. 

Under this authority, we control 

hunting of migratory game birds through 

regulations in 50 CFR part 20. 

Deposition of toxic shot and release of 

toxic shot components in waterfowl 

hunting locations are potentially 

harmful to many organisms. Research 

has shown that ingested spent lead shot 


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causes significant mortality in migratory 

birds. Since the mid-1970s, we have 

sought to identify shot types that do not 

pose significant toxicity hazards to 

migratory birds or other wildlife. We 

addressed lead poisoning in waterfowl 

in an environmental impact statement 

(EIS) in 1976, and again in a 1986 

supplemental EIS. The 1986 document 

provided the scientific justification for a 

ban on the use of lead shot and the 

subsequent approval of steel shot for 

hunting waterfowl and coots that began 

that year, with a complete ban on lead 

for waterfowl and coot hunting in 1991. 

We have continued to consider other 

potential candidates for approval as 

nontoxic shot. We are obligated to 

review applications for approval of 

alternative shot types as nontoxic for 

hunting waterfowl and coots. 

Tundra Composites, LLC, requested 

approval of tungsten-iron-fluoropolymer 

(TIF) shot alloys of 41.5 to 95.2 percent 

tungsten, 1.5 to 52.0 percent steel, and 

3.5 to 8.0 percent fluoropolymer by 

weight as nontoxic. The tungsten and 

iron in this shot type have already been 

approved in other nontoxic shot types. 

The applicant did a worst-case 

evaluation of the potential impacts of 

the fluoropolymer on fish, wildlife, and 

their habitats. 

The data from the applicant indicate 

that the tungsten-iron-fluoropolymer 

alloys will be nontoxic when ingested 

by waterfowl, and should not pose a 

significant danger to migratory birds, 

other wildlife, or their habitats. 

Many hunters believe that some 

nontoxic shot types do not compare 

favorably to lead and that they may 

damage some shotgun barrels, and a 

small percentage of hunters have not 

complied with nontoxic shot 

regulations. Allowing use of additional 

nontoxic shot types may encourage 

greater hunter compliance and 

participation with nontoxic shot 

requirements and discourage the use of 

lead shot. The use of nontoxic shot for 

waterfowl hunting increased after the 

ban on lead shot (Anderson et al. 2000), 

but we believe that compliance will 

continue to increase with the 

availability and approval of other 

nontoxic shot types. Increased use of 

nontoxic shot will enhance protection of 

migratory waterfowl and their habitats. 

More important, however, is that the 

Fish and Wildlife Service is obligated to 

consider all complete nontoxic shot 

applications. 

We have reviewed the shot under the 

criteria in Tier 1 of the revised nontoxic 

shot approval procedures contained in 

50 CFR 20.134 for permanent approval 

of shot as nontoxic for hunting 

waterfowl and coots. We amend 50 CFR 

20.21(j) to add TIF shot to the list of the 

approved types of shot for waterfowl 

and coot hunting. 

Affected Environment 

Waterfowl Population Status and 

Harvest 

The following paragraphs provide a 

brief summary of information on the 

status and harvest of waterfowl 

excerpted from various reports. For 

more detailed information on 

methodologies and results, you may 

obtain complete copies of the various 

reports at the address indicated under 

FOR FURTHER INFORMATION CONTACT or 

from our Web site http://www.fws.gov/ 

migratorybirds/ 

NewsPublicationsReports.html. 

Status of Ducks 

Federal, provincial, and State 

agencies conduct surveys each spring to 

estimate the size of breeding 

populations and to evaluate the 

conditions of the habitats. These 

surveys are conducted using fixed-wing 

aircraft and helicopters and encompass 

principal breeding areas of North 

America, and cover over 2.0 million 

square miles. The Traditional survey 

area comprises Alaska, Canada, and the 

northcentral United States, and includes 

approximately 1.3 million square miles. 

The Eastern survey area includes parts 

of Ontario, Quebec, Labrador, 

Newfoundland, Nova Scotia, Prince 

Edward Island, New Brunswick, New 

York, and Maine, an area of 

approximately 0.7 million square miles. 

Breeding Ground Conditions 

Habitat conditions during the 2009 

Waterfowl Breeding Population and 

Habitat Survey were characterized by 

above-average moisture across the 

southern portions of the traditional 

survey area, good habitat in the eastern 

survey area, and late spring conditions 

across northern survey areas. The total 

pond estimate (prairie Canada and U.S. 

combined) was 6.4 ± 0.2 million. This 

was 45 percent above the 2007 estimate 

of 4.4 ± 0.2 million ponds and 31 

percent above the long-term average of 

4.9 ± 0.03 million ponds. The 2009 

estimate of ponds in prairie Canada was 

3.6 ± 0.1 million. This was a 17 percent 

increase from the 2007 estimate (3.1 ± 

0.1 million) and was similar to the longterm average (3.4 ± 0.03 million). The 

2009 pond estimate for the northcentral 

U.S. of 2.9 ± 0.1 million was 108 percent 

above the 2007 estimate (1.4 ± 0.07 

million) and 87 percent above the longterm average (1.5 ± 0.02 million). 

Breeding Population Status 

In the Waterfowl Breeding Population 

and Habitat Survey traditional survey 

area (strata 1–18, 20–50, and 75–77), the 

total duck population estimate was 42.0 

± 0.7 [SE] million birds. This estimate 

represents a 13 percent increase over the 

2007 estimate of 37.3 ± 0.6 million birds 

and was 25 percent above the long-term 

average (1955–2008). Estimated mallard 

(Anas platyrhynchos) abundance was 

8.5 ± 0.2 million birds, which was a 10 

percent increase over the 2007 estimate 

of 7.7 ± 0.3 million birds and 13 percent 

above the long-term average. Estimated 

abundance of gadwall (A. strepera; 3.1 

± 0.2 million) was similar to the 2008 

estimate and 73 percent above the longterm average. Estimated American 

wigeon abundance (A. americana; 2.5 ± 

0.1 million) was similar to 2008 and the 

long-term average. Estimated 

abundances of green-winged teal (A. 

crecca; 3.4 ± 0.2 million) and bluewinged teal (A. discors; 7.4 ± 0.4 

million) were similar to the 2007 

estimates and well above their long-term 

averages (+79 percent and +60 percent, 

respectively). Northern shovelers (A. 

clypeata; 4.4 ± 0.2 million) were 25 

percent above the 2008 estimate and 

remain 92 percent above their long-term 

average. The estimate for northern 

pintails (A. acuta) was 3.2 ± 0.2 million, 

which was 23 percent above the 2008 

estimate of 2.6 ± 0.1 million, and 20 

percent below the long-term average. 

Estimated abundance of redheads 

(Aythya americana; 1.0 ± 0.1 million) 

was similar to last year and 62 percent 

above the long-term average. The 

canvasback estimate (A. valisineria; 0.7 

± 0.06 million) was 35 percent above the 

2008 estimate (0.5 ± 0.05 million) and 

similar to the long-term average. The 

scaup estimate (A. affinis and A. marila 

combined; 4.2 ± 0.2 million) was similar 

to that of 2008 and 18 percent below the 

long-term average of 5.1 ± 0.05 million. 

The eastern survey area was 

restratified in 2005 and is now 

composed of strata 51–72. Estimates of 

mallards, scaup, scoters (black 

[Melanitta nigra], white-winged [M. 

fusca], and surf [M. perspicillata]), 

green-winged teal, American wigeon, 

bufflehead (Bucephala albeola), 

American black duck (Anas rubripes), 

ring-necked duck (Aythya collaris), 

mergansers (red-breasted [Mergus 

serrator], common [M. merganser], and 

hooded [Lophodytes cucullatus]), and 

goldeneye (common [B. clangula] and 

Barrow’s [B. islandica]) all were similar 

to their 2008 estimates and long-term 

averages. 


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Fall Flight Estimate 

The mid-continent mallard 

population is composed of mallards 

from the traditional survey area (revised 

in 2008 to exclude Alaska mallards), 

Michigan, Minnesota, and Wisconsin, 

and was estimated to be 10.3 ± 0.9 

million in 2009. This was similar to the 

2008 estimate of 9.2 ± 0.8 million. 

Status of Geese and Swan 

We provide information on the 

population status and productivity of 

North American Canada geese (Branta 

canadensis), brant (B. bernicla), snow 

geese (Chen caerulescens), Ross’ geese 

(C. rossii), emperor geese (C. canagica), 

white-fronted geese (Anser albifrons), 

and tundra swans (Cygnus 

columbianus). In May of 2009, 

temperatures were 1–5 degrees Celsius 

colder than average throughout the 

central region of subarctic and Arctic 

Canada. In some locales harsh spring 

conditions persisted into June. In areas 

near Hudson Bay and the Queen Maud 

Gulf, goose and swan nesting activities 

were delayed by 1 to 3 weeks. In 

contrast, nesting conditions were 

favorable near Wrangel Island, Alaska’s 

North Slope and eastern interior 

regions, parts of the Canadian high 

Arctic, and Newfoundland. Improved 

wetland abundance in the Canadian and 

U.S. prairies, and other temperate 

regions, will likely improve the 

production of Canada geese that nest at 

southern latitudes. Primary abundance 

indices decreased for 15 goose 

populations and increased for 10 goose 

populations in 2009 compared to 2008. 

Primary abundance indices for both 

populations of tundra swans increased 

in 2009 from 2008 levels. The following 

populations displayed significant 

positive trends during the most recent 

10-year period (P < 0.05); Mississippi 

Flyway Giant, Aleutian, Atlantic, and 

Eastern Prairie Canada geese; Greater, 

Western Arctic/Wrangel Island, and 

Western Central Flyway light geese; and 

Pacific white-fronted geese. No 

populations showed a significant 

negative 10-year trend. The forecast for 

the production of geese and swans in 

North America for 2009 is regionally 

variable, but production for many 

populations will be reduced this year 

due to harsh spring conditions in much 

of central Canada. 

Waterfowl Harvest and Hunter Activity 

National surveys of migratory bird 

hunters were conducted during the 2007 

and 2008 hunting seasons. About 1.2 

million waterfowl hunters harvested 

14,578,900 (±4%) ducks and 3,666,100 

(±6%) geese in 2007, and harvested 

13,635,700 (±4%) ducks and 3,792,600 

(±5%) geese in 2008. Mallard, greenwinged teal, gadwall, wood duck (Aix 

sponsa), and American wigeon were the 

5 most-harvested duck species in the 

United States, and Canada goose was 

the predominant goose species in the 

goose harvest. Coot hunters (about 

33,700 in 2007 and 31,100 in 2008) 

harvested 198,300 (±29%) coots in 2007 

and 275,900 (+43%) in 2008. 

Characterization of the Shot Type 

Tungsten-iron-fluoropolymer shot has 

a density ranging from 8.0 to 12.5 grams 

per cubic centimeter (g/cm3), and is 

corrosion resistant and magnetic. 

Tundra Composites estimates that the 

volume of TIF shot for use in hunting 

migratory birds in the United States will 

be approximately 330,000 pounds 

(150,000 kilograms, kg) per year. The 8.0 

g/cm3 alloy is approximately the same 

density as steel. The steel in the alloys 

contains up to 1.3 percent manganese, 

1.2 percent silicon, and 1.2 percent 

carbon by weight. The shot may have a 

very fine residual coating of mica from 

production. We expect the 

environmental and health effects of the 

mica to be negligible. 

TABLE 1—COMPOSITION OF TIF SHOT ALLOYS

Alloy Density 

(g/cm3) Percent tungsten Percent steel * Percent fluoropolymer 

1 ............................................................................................... 8.0 41.5–50.6 41.6–52.0 6.1–8.0

2 ............................................................................................... 9.5 61.0–68.7 24.8–34.0 5.0–6.6

3 ............................................................................................... 11.0 75.2–81.8 12.5–20.5 4.3–5.7 

4 ............................................................................................... 12.5 85.9–96.0 1.0–10.3 3.8–5.2

* The steel contains no more than 0.25% chromium, 0.20% copper, and 0.20% nickel. In the alloys, these percentages are no more than 

0.13%, 0.1%, and 0.1%, respectively. 

Environmental Fate of the Tungsten 

and Iron in TIF Shot 

The tungsten and the iron in these 

alloys have been approved in other 

nontoxic shot types (see ‘‘Impact of 

Approval of the Shot Type’’), and the 

submitters asserted that the alloys pose 

no adverse toxicological risks to 

waterfowl or other forms of terrestrial or 

aquatic life. The metals in the alloys are 

insoluble under normal hot and cold 

temperatures. Neither manufacturing 

the shot nor firing shotshells containing 

the shot will alter the metals or the 

fluoropolymer, or change how they 

dissolve in the environment. 

Possible Environmental Concentrations 

for the Manganese and Silicon and 

Fluoropolymer in TIF Shot in 

Terrestrial Systems 

Calculation of the estimated 

environmental concentration (EEC) of a 

candidate shot in a terrestrial ecosystem 

is based on 69,000 shot per hectare (ha) 

(50 CFR 20.134). These calculations 

assume that the shot dissolves promptly 

and completely after deposition. 

Because the tungsten and iron have 

been approved in other nontoxic shot 

types, we focus on the manganese and 

silicon in the alloys. 

The EEC for the manganese in TIF 

shot would be approximately 0.11 parts 

per million. The maximum increase in 

environmental concentration for 

manganese in terrestrial settings would 

be 23.1 micrograms per liter. If the shot 

were completely dissolved or eroded, 

the EEC in soil is much less than the 

50th percentile of typical background 

concentrations for manganese in soils of 

the United States. 

If totally dissolved, the shot would 

produce a silicon concentration of 

0.1082 parts per million (ppm), or 0.07 

kg/ha/year. Silicon is not found free in 

nature, but combines with oxygen and 

other elements in nature to form 

silicates (LANL 2003; USGS 2009). 

Silicates constitute more than 25 

percent of the Earth’s crust (USGS 

2009). Sand, quartz, rock crystal, 

amethyst, agate, flint, jasper, and opal 

are some of the forms in which the 

oxide appears (LANL 2003). Thus, the 

silicon from TIF shot would be 

insignificant. 


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53668 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

Possible Environmental Concentrations 

for the Manganese, Silicon, and 

Fluoropolymer in the TIF Shot in 

Aquatic Systems 

The EEC for water assumes that 

69,000 number 4 shot are completely 

dissolved in 1 ha of water 30.48 

centimeters deep. The submitter then 

calculates the concentration of each 

metal in the shot if the shot pellets 

dissolve completely. The analyses 

assume complete dissolution of the shot 

type containing the highest proportion 

of each metal in the range of alloys 

submitted. 

The maximum EEC for manganese is 

23.1 ppm. There are no U.S. 

Environmental Protection Agency (EPA) 

acute or chronic quality criteria 

available for manganese for freshwater 

or saltwater. However, the State of 

Colorado has acute and chronic 

freshwater quality criteria for 

manganese of 2,986 ppm and 1,650 

ppm, respectively (assuming a hardness 

of 100 mg/L as CaCO3). The manganese 

from TIF shot would lead to a fraction 

of these concentrations, so we believe 

that the manganese from TIF shot will 

not pose a threat to the environment. 

The EEC for silicon from TIF shot 

would be 21.4 ppm. The EPA has set no 

acute or chronic criteria for silicon in 

freshwater or saltwater. Furthermore, 

silicates are commonly present in many 

soils and sediments. 

For the fluoropolymer in the shot, the 

EEC in aquatic systems would be 273.1 

ppm. We believe this value has little 

meaning given the insolubility of the 

fluoropolymer. 

In Vitro Solubility Evaluation of TIF 

Shot 

When nontoxic shot is ingested by 

waterfowl, both physical breakup of the 

shot and dissolution of the metals that 

comprise the shot may occur in the 

highly acidic environment of the 

gizzard. In addition to the standard Tier 

1 application information (50 CFR 

20.134), Tundra Composites provided 

the results of an in vitro gizzard 

simulation test conducted to quantify 

the release of metals in solution under 

the prevailing pH conditions of the 

avian gizzard. The metal concentrations 

released during the simulation test 

were, in turn, compared to known levels 

of metals that cause toxicity in 

waterfowl. The evaluation followed the 

methodology of Kimball and Munir 

(1971) as closely as possible. 

The test solution pH averaged 2.01 

over the 14-day test period and the 

average temperature of the digestion 

solution averaged 41.8 °C. In the test, 

the average amount of nickel, copper, 

and chromium released from 8 TIF shot/ 

day was 0.037 mg, 0.017 mg, and 0.024 

mg, respectively. 

It is reasonable to expect that if the in 

vitro gizzard simulation test conditions 

had degraded the fluoropolymer in the 

TIF shot, fluoride would be present in 

the digestion solution. However, the 

fluoropolymer present in TIF shot is 

extremely resistant to degradation. The 

formation of hazardous decomposition 

byproducts from the fluoropolymer 

occurs only at temperatures over 300 °C. 

A representative fluoropolymer, 

polytetrafluoroethylene, will endure 260 

°C for more than 2 years until failure 

due to degradation (Imbalzano 1991). 

The applicant concluded that the 

fluoride concentrations in the solution 

were background levels of fluoride in 

the digestion solution, rather than a 

decomposition byproduct of the 

fluoropolymer. This conclusion was 

supported by the variability and lack of 

a trend in the estimated fluoride 

concentrations (Day 0 concentrations 

were greater than Day 14 

concentrations). Perfluorooctanoic acid 

(PFOA) is not used in the manufacture 

or formulation of the fluoropolymer 

present in TIF shot because it has been 

identified as a persistent global 

contaminant (EPA 2003). 

The testing completed by the 

applicant indicates that TIF shot is 

highly resistant to degradation, and 

poses little risk to waterfowl or other 

biota if ingested in the field. The slow 

breakdown of the shot only permits 

metals to be released at concentrations 

that are substantially below toxic levels 

of concern in waterfowl. Furthermore, 

the fluoropolymer present in TIF shot 

will not degrade if ingested by 

waterfowl. 

Impacts of Approval of the Shot Type 

Effects of the Metals 

We have previously assessed and 

approved various alloys containing 

tungsten and/or iron as nontoxic for 

hunting waterfowl (e.g. 66 FR 737, 

January 4, 2001; 68 FR 1388, January 10, 

2003; 69 FR 48163, August 9, 2004; 70 

FR 49194, August 23, 2005; 71 FR 4294, 

January 26, 2006). We have approved 

alloys of almost 100 percent of both 

tungsten and iron. Approval of TIF 

alloys raises no new concerns about 

approval of the tungsten or the iron in 

TIF shot. 

Manganese 

Manganese is an essential nutrient for 

both plants and animals. In animals, 

manganese is associated with growth, 

normal functioning of the central 

nervous system, and reproductive 

function. In plants, manganese is 

essential for the oxidation-reduction 

process (EPA 2007). Manganese 

compounds are important soil 

constituents, and the 50th percentile of 

typical background concentrations for 

manganese range from 400 kg dry 

weight in eastern U.S. soils to 600 kg 

dry weight in western U.S. soils. 

One number 4 TIF shot contains 

approximately 0.001 gram of 

manganese. The geometric mean of 

avian No Observed Adverse Effect Level 

(NOAEL) values for reproduction and 

growth that were identified by the EPA 

in its derivation of an Ecological Soil 

Screening Level (Eco-SSL) for 

manganese was 179 kg of body weight 

per day (EPA 2007). Based upon the 

avian NOAEL of 179 milligrams of 

manganese per kilogram of body weight 

per day, a 2-kg bird could safely 

consume about 352 TIF shot per day 

without suffering from the consumption 

of the shot. Similarly for mammals, the 

geometric mean of mammalian NOAEL 

values for reproduction and growth that 

were identified by the EPA in its 

derivation of an Eco-SSL for manganese 

was 51.5 milligrams of manganese per 

kilogram of body weight per day (EPA 

2007). Based upon the mammalian 

NOAEL of 51.5 milligrams of manganese 

per kilogram of body weight per day, a 

1-kg mammal could safely consume 

approximately 50 TIF shot per day 

without suffering manganese toxicosis. 

There are no EPA acute or chronic 

freshwater or saltwater criteria for 

manganese. However, Colorado acute 

and chronic freshwater criteria are 2,986 

micrograms per liter and 1,650 

micrograms per liter, respectively 

(assuming a hardness of 100 milligrams 

per liter as CaCO3) (5 CCR 1002–31). 

The aquatic EEC for manganese is 23.1 

micrograms per liter when we assume 

complete dissolution of the 69,000 shot 

in 1 ha of water 30.48 cm deep. 

Therefore, the manganese from TIF shot 

should not pose an environmental 

problem in aquatic environments. 

Based upon available NOAEL values, 

birds and mammals would have to 

ingest in excess of 50 TIF shot per day 

before manganese toxicosis could occur. 

Assuming complete erosion of all shot, 

the EEC of manganese in soil is much 

less than the 50th percentile of typical 

background concentrations for 

manganese in soils of the United States. 

The EEC for manganese is well below 

both the acute and chronic criteria for 

fresh water from the State of Colorado, 

assuming complete dissolution of the 

shot. In sum, the manganese in TIF shot 

will result in very minimal estimated 

exposure concentrations to wetland 

biota. 


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Nickel 

No reproductive or other effects were 

observed in mallards consuming the 

equivalent of 102 milligrams of nickel as 

nickel sulfate each day for 90 days 

(Eastin and O’Shea 1981). Therefore, the 

0.037 milligram of nickel released from 

8 TIF shot per day will pose no risk of 

adverse effects to waterfowl. In 

addition, metallic nickel likely is 

absorbed less from the gastrointestinal 

tract than is the nickel sulfate used in 

the mallard reproduction study. 

Copper 

The maximum tolerable level of 

dietary copper during the long-term 

growth of chickens and turkeys has been 

reported to be 300 kg (CMTA 1980). At 

the maximum tolerable level for chronic 

exposure of 300 kg for poultry, a 1.8-kg 

chicken consuming 100 g of food per 

day (Morck and Austic 1981) would 

consume 30 mg copper per day (16.7 

milligrams of copper per kilogram of 

body weight per day). Since the average 

amount of copper released from 8 TIF 

shot per day would be 0.017 mg, a bird 

would have to ingest in excess of 1000 

TIF shot to exceed the maximum 

tolerable level. 

Dietary levels of 10.0 mg 

chromium(III)/kilogram for 10 weeks 

depressed survival in young black ducks 

(Haseltine et al. 1985), but no adverse 

effects were observed in chickens 

exposed to 100 ppm dietary 

chromium(VI) in a 32-day study 

(Rosomer et al. 1961). Therefore, the 

average amount of chromium released 

from 8 TIF shot/day of 0.024 mg will 

pose no risk of adverse effects to 

waterfowl. 

Effects of Silicon 

We found no data for assessing acute 

or chronic toxicity of the silicon present 

in TIF shot. EPA has not set acute or 

chronic criteria for silicon in aquatic 

systems. However, silicon compounds 

are widespread in nature, and we think 

it highly likely that sediments 

consumed incidentally by waterfowl 

contain silicates. 

Silicon is not found free in nature, but 

silicates constitute more than 25 percent 

of the Earth’s crust (USGS 2009), in 

sand, quartz, rock crystal, amethyst, 

agate, flint, jasper, and opal, among 

other rocks. Granite, hornblende, 

asbestos, feldspar, clay, and mica are 

among the numerous silicate minerals. 

Effects of the Fluoropolymer 

No data are available on acute or 

chronic toxicity of the fluoropolymer 

used in the TIF alloys. However, 

fluorinated organic polymers are very 

stable and resistant to hydrolysis 

(Danish Ministry of the Environment 

2004). An in vitro gizzard simulation 

test conducted with 8.0 g/cm3 TIF shot 

showed that the fluoropolymer used in 

the alloys will not degrade if ingested by 

waterfowl. Exposure to stable 

fluoropolymers does not give rise to 

increased free fluoride concentration in 

the blood in humans (Danish Ministry 

of the Environment 2004). Based on the 

information provided by the applicant 

and our assessment, we have little 

concern for problems due to organisms 

ingesting TIF shot or from dissolution of 

the shot in aquatic settings. 

Effects of the Approval on Migratory 

Waterfowl 

Allowing use of additional nontoxic 

shot types may encourage greater hunter 

compliance and participation with 

nontoxic shot requirements and 

discourage the use of lead shot. Thus, 

approving additional nontoxic shot 

types will likely result in a minor 

positive long-term impact on waterfowl 

and wetland habitats. 

Effects on Endangered and Threatened 

Species 

The impact on endangered and 

threatened species of approval of the 

TIF alloys would be very small, but 

positive. The metals in TIF alloys have 

been approved in other nontoxic shot 

types, and we believe that the 

fluoropolymer is highly unlikely to 

adversely affect animals that consume 

the shot or habitats in which the shot 

might be used. We see no potential 

effects on threatened or endangered 

species due to approval of these alloys. 

We obtained a biological opinion 

pursuant to section 7 of the Endangered 

Species Act of 1973, as amended (16 

U.S.C. 1531 et seq.), prior to establishing 

the seasonal hunting regulations. The 

hunting regulations promulgated as a 

result of this consultation remove and 

alleviate chances of conflict between 

migratory bird hunting and endangered 

and threatened species. 

Effects on Ecosystems 

Previously approved shot types have 

been shown in test results to be 

nontoxic to the migratory bird resource, 

and we believe that they cause no 

adverse impact on ecosystems. There is 

concern, however, about noncompliance 

with the prohibition on lead shot and 

with potential ecosystem effects. The 

use of lead shot has a negative impact 

on wetland ecosystems due to the 

erosion of shot, causing sediment/soil 

and water contamination and the direct 

ingestion of shot by aquatic and 

predatory animals. Therefore, approval 

of the TIF alloys will have little impact 

on the resource, unless it has the small 

positive impact of reducing the rate of 

noncompliance. 

Cumulative Impacts 

We foresee no negative cumulative 

impacts of approval of the TIF alloys for 

waterfowl hunting. Their approval may 

help to further reduce the negative 

impacts of the use of lead shot for 

hunting waterfowl and coots. We 

believe the impacts of approval of TIF 

shot for waterfowl hunting in the United 

States should be positive. 

Review of Public Comments 

On August 7, 2009, we published in 

the Federal Register (74 FR 39598) a 

proposed rulemaking to approve this 

group of alloys for hunting waterfowl 

and coots and to make available our 

draft environmental assessment. We 

accepted public comments on our 

proposed rule and draft environmental 

assessment for 30 days, ending 

September 8, 2009. 

We received one comment on the 

proposed rule. The commenter 

disagreed with our analysis that the 

proposed shot was nontoxic and 

claimed that the fluoropolymer in the 

shot should be of concern. However, as 

noted in the application and the 

environmental assessment, an in vitro 

gizzard simulation test conducted with 

8.0 g/cm3 TIF shot showed that the 

fluoropolymer used in the alloys will 

not degrade if ingested by waterfowl. 

Exposure to stable fluoropolymers does 

not give rise to increased free fluoride 

concentration in the blood in humans 

(Danish Ministry of the Environment 

2004). 

Thus, based on the information 

provided by the applicant and our 

assessment, TIF shot should not pose a 

significant danger to migratory birds, 

other wildlife, or their habitats due to 

organisms ingesting shot or from 

dissolution of the shot in aquatic 

settings. Further, we conclude that this 

group of alloys raises no particular 

concerns about deposition in the 

environment or about ingestion by 

waterfowl or predators. 

Summary 

Previous assessments of nontoxic shot 

types indicated that the iron and the 

tungsten from shot alloys should not 

harm aquatic or terrestrial systems. The 

solubility testing of TIF shot indicated 

that the negligible release of the metals 

from TIF shot (including the trace 

amounts of chromium, copper, and 

nickel released at low pH) will not be 

a hazard to aquatic systems or to biota. 

For these reasons, and in accordance 

with 50 CFR 20.134, we approve TIF 


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53670 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

shot as nontoxic for hunting waterfowl 

and coots, and amend 50 CFR 20.21(j) 

accordingly. Our approval is based on 

the toxicological report, acute toxicity 

studies, reproductive/chronic toxicity 

studies, and other published research. 

The available information indicates that 

the TIF alloys should be nontoxic when 

ingested by waterfowl and that they 

pose no significant danger to migratory 

birds, other wildlife, or their habitats. 

Literature Cited 

For a complete list of the literature 

cited in this rule, visit http:// 

www.regulations.gov or contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Effective Date of This Rule 

This rule is effective upon publication 

in the Federal Register. We have 

determined that any further delay in 

allowing this additional nontoxic shot 

would not be in the public interest, in 

that a delay would preclude hunters an 

additional nontoxic shot option. 

Allowing use of additional nontoxic 

shot types may encourage greater hunter 

compliance and discourage the use of 

lead shot harmful to the environment. 

Increased use of nontoxic shot will 

enhance protection of migratory 

waterfowl and their habitats. 

Furthermore, tungsten-ironfluoropolymer shot is very similar to 

other nontoxic shot that is already 

available and in use. We provided a 30- 

day public comment period for the 

August 7, 2009, proposed rule. This rule 

relieves restrictions by newly approving 

tungsten-iron-fluoropolymer shot alloys 

for hunting waterfowl and coots. We 

therefore find that ‘‘good cause’’ exists, 

within the terms of 5 U.S.C. 553(d)(3) of 

the Administrative Procedure Act, to 

make these regulations effective 

immediately upon publication. 

Required Determinations 

Regulatory Planning and Review (E.O. 

12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant under E.O. 12866. OMB 

bases its determination upon the 

following four criteria: 

a. Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

b. Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

c. Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

d. Whether the rule raises novel legal 

or policy issues. 

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

et seq.) 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) of 1996 (Pub. L. 

104–121)), whenever an agency is 

required to publish a notice of 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effect of the rule on small entities (i.e., 

small businesses, small organizations, 

and small government jurisdictions). 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities. We have examined this rule’s 

potential effects on small entities as 

required by the Regulatory Flexibility 

Act, and have determined that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. The rule will 

allow small entities to continue actions 

they have been able to take under the 

regulations—actions specifically 

designed to improve the economic 

viability of those entities—and, 

therefore, will not significantly affect 

them economically. We certify that 

because this rule will not have a 

significant economic effect on a 

substantial number of small entities, a 

regulatory flexibility analysis is not 

required. 

This rule is not a major rule under the 

SBREFA (5 U.S.C. 804(2)). 

a. This rule will not have an annual 

effect on the economy of $100 million 

or more. 

b. This rule will not cause a major 

increase in costs or prices for 

consumers; individual industries; 

Federal, State, Tribal, or local 

government agencies; or geographic 

regions. 

c. This rule will not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), we have determined the following: 

a. This rule will not ‘‘significantly or 

uniquely’’ affect small governments. A 

small government agency plan is not 

required. Actions under the regulation 

will not affect small government 

activities in any significant way. 

b. This rule will not produce a 

Federal mandate of $100 million or 

greater in any year. It will not be a 

‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

Takings 

In accordance with E.O. 12630, this 

rule does not have significant takings 

implications. A takings implication 

assessment is not required. This rule 

does not contain a provision for taking 

of private property. 

Federalism 

This rule does not have sufficient 

Federalism effects to warrant 

preparation of a Federalism assessment 

under E.O. 13132. It will not interfere 

with the ability of States to manage 

themselves or their funds. 

Civil Justice Reform 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that the rule does not unduly burden the 

judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of E.O. 12988. 

Paperwork Reduction Act 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

An agency may not conduct or sponsor 

and a person is not required to respond 

to a collection of information unless it 

displays a currently valid OMB control 

number. OMB has approved our 

collection of information associated 

with applications for approval of 

nontoxic shot (50 CFR 20.134) and 

assigned OMB Control Number 1018– 

0067, which expires April 30, 2012. 

National Environmental Policy Act 

Our environmental assessment is part 

of the administrative record for this 

rulemaking. In accordance with the 

National Environmental Policy Act 

(NEPA, 42 U.S.C. 4321 et seq.) and part 

516 of the U.S. Department of the 

Interior Manual (516 DM), approval of 

TIF alloys will not have a significant 

effect on the quality of the human 

environment, nor will it involve 

unresolved conflicts concerning 

alternative uses of available resources. 

Therefore, preparation of an 

environmental impact statement (EIS) is 

not required. 


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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53671 

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), E.O. 

13175, and 512 DM 2, we have 

evaluated potential effects on Federally 

recognized Indian Tribes and have 

determined that there are no potential 

effects. This rule will not interfere with 

the ability of Tribes to manage 

themselves or their funds or to regulate 

migratory bird activities on Tribal lands. 

Energy Supply, Distribution, or Use 

(E.O. 13211) 

On May 18, 2001, the President issued 

E.O. 13211 addressing regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. This rulemaking is not 

a significant regulatory action under 

E.O. 12866, and it will not significantly 

affect energy supplies, distribution, or 

use. This action will not be a significant 

energy action, and no Statement of 

Energy Effects is required. 

Compliance With Endangered Species 

Act Requirements 

Section 7 of the Endangered Species 

Act of 1973, as amended (16 U.S.C. 1531 

et seq.), requires that ‘‘The Secretary [of 

the Interior] shall review other programs 

administered by him and utilize such 

programs in furtherance of the purposes 

of this Act’’ (16 U.S.C. 1536(a)(1)). It 

further states that the Secretary must 

‘‘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’’ (16 U.S.C. 1536(a)(2)). 

We have concluded that this change to 

the regulations will not affect listed 

species. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

■ For the reasons discussed in the 

preamble, we amend part 20, subchapter 

B, chapter I 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: Migratory Bird Treaty Act, 40 

Stat. 755, 16 U.S.C. 703–712; Fish and 

Wildlife Act of 1956, 16 U.S.C. 742a–j; Public 

Law 106–108, 113 Stat. 1491, Note Following 

16 U.S.C. 703. 

■ 2. Amend § 20.21 by revising 

paragraph (j) to read as follows: 

§ 20.21 What hunting methods are illegal? 

* * * * * 

(j)(1) While possessing loose shot for 

muzzle loading or shotshells containing 

other than the following approved shot 

types. 

Approved shot type * Percent composition by weight Field testing device ** 

Bismuth-tin ............................. 97 bismuth, and 3 tin .......................................................................................................... Hot Shot®. *** 

Iron (steel) .............................. iron and carbon ................................................................................................................... Magnet or Hot Shot®. 

Iron-tungsten .......................... any proportion of tungsten, and ≥1 iron ............................................................................. Magnet or Hot Shot®. 

Iron-tungsten-nickel ................ ≥1 iron, any proportion of tungsten, and up to 40 nickel ................................................... Magnet or Hot Shot®. 

Tungsten-bronze .................... 51.1 tungsten, 44.4 copper, 3.9 tin, and 0.6 iron, or 60 tungsten, 35.1 copper, 3.9 tin, 

and 1 iron.

Rare Earth Magnet. 

Tungsten-iron-copper-nickel ... 40–76 tungsten, 10–37 iron, 9–16 copper, and 5-7 nickel ................................................ Hot Shot® or Rare 

Earth Magnet. 

Tungsten-matrix ..................... 95.9 tungsten, 4.1 polymer ................................................................................................. Hot Shot®. 

Tungsten-polymer .................. 95.5 tungsten, 4.5 Nylon 6 or 11 ........................................................................................ Hot Shot®. 

Tungsten-tin-iron .................... any proportions of tungsten and tin, and ≥1 iron ............................................................... Magnet or Hot Shot®. 

Tungsten-tin-bismuth .............. any proportions of tungsten, tin, and bismuth. ................................................................... Rare Earth Magnet. 

Tungsten-tin-iron-nickel .......... 65 tungsten, 21.8 tin, 10.4 iron, and 2.8 nickel .................................................................. Magnet. 

Tungsten-iron-polymer ........... 41.5–95.2 tungsten, 1.5–52.0 iron, and 3.5-8.0 fluoropolymer .......................................... Magnet or Hot Shot®. 

* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome on approved nontoxic shot types also are approved. 

** The information in the ‘‘Field Testing Device’’ column is strictly informational, not regulatory. 

*** The ‘‘HOT*SHOT’’ field testing device is from Stream Systems of Concord, CA. 

(2) Each approved shot type must 

contain less than 1 percent residual lead 

(see § 20.134). 

(3) This shot type restriction applies 

to the taking of ducks, geese (including 

brant), swans, coots (Fulica americana), 

and any other species that make up 

aggregate bag limits with these 

migratory game birds during concurrent 

seasons in areas described in § 20.108 as 

nontoxic shot zones. 

Dated: October 7, 2009. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. E9–25108 Filed 10–19–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XS22 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason action; notification of 

applicable Longline category incidental 

retention limits. 

SUMMARY: NMFS has determined that 

the 25–mt quota available for the 

Atlantic bluefin tuna (BFT) Longline 

category Northeast Distant gear 

restricted area (NED) fishery has been 

attained. NMFS announces that the 

Longline category incidental BFT 

retention limits will apply in the NED 

for the remainder of the fishing year. 

This action applies to Atlantic Tunas 

Longline category permitted vessels that 

fish in the NED. 

DATES: Effective October 20, 2009, 

through December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 


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