4294 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 

reorganization under section 368(a)(1) 

that is not treated as an indirect stock 

transfer under § 1.367(a)–3(d), apply 

only to transfers occurring after January 

5, 2005 (although taxpayers may apply 

such provision to transfers of securities 

occurring on or after July 20, 1998 and 

on or before January 5, 2005 if done 

consistently to all transactions). See 

§ 1.6038–1T(b)(i), as contained in 26 

CFR part 1 revised as of April 1, 2005, 

for transfers occurring prior to the 

effective dates described in paragraphs 

(g)(2) through (4) of this section. 

■ Par. 13. In § 1.6038B–1T, paragraph 

(b)(1)(i) is revised to read as follows: 

§ 1.6038B–1T Reporting of certain 

transactions to foreign corporations 

(temporary). 

* * * * * 

(b) Time and manner of reporting—(1) 

In general—(i) [Reserved]. For further 

guidance, see § 1.6038B–1(b)(1)(i). 

* * * * * 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: January 17, 2006. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury (Tax Policy). 

[FR Doc. 06–587 Filed 1–23–06; 11:43 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

RIN 1018–AU04; 1018–AU09; 1018–AU13; 

1018–AU28 

Migratory Bird Hunting; Approval of 

Tungsten-Iron-Copper-Nickel, IronTungsten-Nickel Alloy, TungstenBronze (Additional Formulation), and 

Tungsten-Tin-Iron Shot Types as 

Nontoxic for Hunting Waterfowl and 

Coots; Availability of Environmental 

Assessments 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule; availability of Final 

Environmental Assessment and Finding 

of No Significant Impact. 

SUMMARY: The U.S. Fish and Wildlife 

Service (we, us, or USFWS) approves 

four shot types or alloys for hunting 

waterfowl and coots and changes the 

listing of approved nontoxic shot types 

to reflect the cumulative approvals of 

nontoxic shot types and alloys. In 

addition, we approve alloys of several 

metals because we have approved the 

metals individually at or near 100% in 

nontoxic shot. We have prepared a Final 

Environmental Assessment and a 

Finding of No Significant Impact in 

support of this decision. 

DATES: This rule takes effect on 

February 27, 2006. 

ADDRESSES: The Final Environmental 

Assessments for the shot types and the 

associated Findings of No Significant 

Impact are available from the Division 

of Migratory Bird Management, U.S. 

Fish and Wildlife Service, 4501 North 

Fairfax Drive, Room 4091, Arlington, 

Virginia 22203–1610. You may call 703–

358–1825 to request copies. 

The complete file for this rule is 

available, by appointment, during 

normal business hours at the same 

address. You may call 703–358–1825 to 

make an appointment to view the files. 

FOR FURTHER INFORMATION CONTACT: Dr. 

George T. Allen, Division of Migratory 

Bird Management, 703–358–1714. 

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, the U.S. Fish and 

Wildlife Service controls the 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 

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 the issue of lead poisoning in 

waterfowl in an Environmental Impact 

Statement 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 of 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. 

We received applications for approval 

of four shot types as nontoxic for 

hunting waterfowl and coots. Those 

shot types are: 

1. Tungsten-Iron-Copper-Nickel 

(TICN) shot, of 40–76 percent tungsten, 

10–37 percent iron, 9–16 percent 

copper, and 5–7 percent nickel (70 FR 

3180, January 21, 2005); 

2. Iron-Tungsten-Nickel (ITN) alloys 

composed of 20–70 percent tungsten, 

10–40 percent nickel, and 10–70 percent 

iron (70 FR 22625, May 2, 2005); 

3. Tungsten-Bronze (TB) shot made of 

60 percent tungsten, 35.1 percent 

copper, 3.9 percent tin, and 1 percent 

iron (70 FR 22624, May 2, 2005, Note: 

This formulation differs from the 

Tungsten-Bronze nontoxic shot 

formulation approved in 2004.); and 

4. Tungsten-Tin-Iron (TTI) shot 

composed of 58 percent tungsten, 38 

percent tin, and 4 percent iron (70 FR 

32282, June 2, 2005). 

We reviewed the shot under the 

criteria in Tier 1 of the 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 the shot types to the list of those 

approved for waterfowl and coot 

hunting. 

On August 24, 2005, we published a 

proposed rule to approve the four shot 

types as nontoxic (70 FR 49541). The 

applications for the approval of the shot 

types included information on chemical 

characterization, production variability, 

use, expected production volume, 

toxicological effects, environmental fate 

and transport, and evaluation, and the 

proposed rule included this 

information, a comprehensive 

evaluation of the likely effects of each 

shot, and an assessment of the affected 

environment. 

The Director of the U.S. Fish and 

Wildlife Service has concluded that the 

spent shot material will not pose a 

significant danger to migratory birds or 

other wildlife or their habitats, and 

therefore approves the use of the four 

shot types as nontoxic for hunting 

waterfowl and coots. 

We received one comment in 

response to the proposed rule. However, 

the commenter raised no issues that 

caused us to reconsider our approval of 

the shot types as nontoxic. 

The metals in these shot types have 

already been approved in other nontoxic 

shot types. In considering approval of 

these shot types, we were particularly 

concerned about the solubility and 

bioavailability of the nickel and copper 


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Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 4295 

in them. In addition, because tungsten, 

tin, and iron have already been 

approved at very high proportions of 

other nontoxic shot types with no 

known negative effects of the metals, we 

approve all alloys of these four metals. 

The data provided to us indicate that 

the shot types are nontoxic when 

ingested by waterfowl and should not 

pose a significant danger to migratory 

birds, other wildlife, or their habitats. 

We conclude that they raise no 

particular concerns about deposition in 

the environment or about ingestion by 

waterfowl or predators. 

The process for submission and 

evaluation of new shot types for 

approval as nontoxic is given at 50 CFR 

20.134. The list of shot types approved 

as nontoxic for use in hunting migratory 

birds is provided in the table at 50 CFR 

20.21(j). With this rule, we also propose 

to revise the listing of approved 

nontoxic shot types in § 20.21(j) to 

include the cumulative approvals of the 

shot types considered in this rule with 

the other nontoxic shot types already in 

the table. 

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 has increased in 

recent years (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 

submissions. 

We also add a column to the table of 

approved shot types that lists the field 

testing device suitable for each shot 

type. The information in this column is 

strictly informational, not regulatory. 

Because these regulations are used by 

both waterfowl hunters and law 

enforcement officers, we believe that 

information on suitable testing devices 

is a useful addition to the table. 

Affected Environment 

Waterfowl Populations 

The taxonomic family Anatidae, 

principally subfamily Anatinae (ducks) 

and their habitats, comprise the affected 

environment. Waterfowl habitats and 

populations in North America in 2005 

were described by the U.S. Fish and 

Wildlife Service (Garrettson et al. 2005). 

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 31.7 

± 0.6 [SE] million birds, similar to last 

year’s estimate of 32.2 ± 0.6 million 

birds but 5% below the 1955–2004 longterm average. Mallard (Anas 

platyrhynchos) abundance was 6.8 ± 0.3 

million birds, which was 9% below the 

2004 estimate of 7.4 ± 0.3 million birds 

and 10% below the long-term average. 

Blue-winged teal (Anas discors) 

abundance was 4.6 ± 0.2 million birds, 

similar to the 2004 estimate of 4.1 ± 0.2 

million birds, and the long-term 

average. Of the other duck species, the 

gadwall estimate (Anas strepera; 2.2 ± 

0.1 million) was 16% below that of 

2004, while estimates of northern 

pintails (Anas acuta; 2.6 ± 0.1 million; 

+17%) and northern shovelers (Anas 

clypeata; 3.6 ± 0.2 million; +28%) were 

significantly above their 2004 estimates. 

The estimate for northern shovelers was 

67% above the long-term average for the 

species, and the estimates for gadwall 

(+30%) and green-winged teal (Anas 

crecca; 2.2 ± 0.1 million; +16%) also 

were above their average values. 

Northern pintails remained 38% below 

their long-term average despite this 

year’s increase in abundance. Estimates 

of American wigeon (Anas americana; 

2.2 ± 0.1 million; -15%) and scaup 

(Aythya affinis and Aythya marila 

combined; 3.4 ± 0.2; -35%) also were 

below their respective long-term 

averages; the estimate for scaup was a 

record low. Abundances of redheads 

(Aythya americana) and canvasbacks 

(Aythya valisineria) were similar to last 

year’s counts and long-term averages. 

The projected mallard fall flight index 

of 9.3 ± 0.1 million was similar to the 

2004 estimate of 9.4 ± 0.1 million birds. 

In the restratified eastern survey area, 

mergansers (Mergus serrator, M. 

merganser, and Lophodytes cucullatus 

together) were down 25%, mallards 

were down 36%, American black ducks 

(Anas rubripes) were down 24%, and 

green-winged teal were 46% below their 

2004 estimates. Ring-necked ducks 

(Aythya collaris) and goldeneyes 

(common [Bucephala clangula] and 

Barrow’s [Bucephala islandica]) were 

similar to their 2004 estimates. No 

species in the eastern survey area 

differed from its long-term average. 

Habitats 

Waterfowl hunting occurs in habitats 

used by many taxa of migratory birds, as 

well as by aquatic invertebrates, 

amphibians and some mammals. Fish 

also may be found in many hunting 

locations. The total May pond estimate 

(Prairie and Parkland Canada and the 

northcentral U.S. combined) was 5.4 ± 

0.2 million ponds, which is 37% greater 

than the 2004 estimate of 3.9 ± 0.2 

million ponds and 12% higher than the 

long-term average of 4.8 ± 0.1 million 

ponds. The 2005 pond estimate in 

Prairie and Parkland Canada was 3.9 ± 

0.2 million, a 56% increase relative to 

last year’s estimate of 2.5 ± 0.1 million 

ponds and 17% higher than the longterm average of 3.3 ± 0.3 million ponds. 

The 2005 pond estimate for the 

northcentral U.S. (1.5 ± 0.1 million) was 

similar to last year’s estimate. 

Characterization of the Four Shot Types 

TICN Alloys 

Spherical Precision, Inc. of Tustin, 

CA, submitted Tungsten-Iron-CopperNickel (TICN) shot for approval. This is 

an array of layered alloys or metals of 

40–76 percent tungsten, 10–37 percent 

iron, 9–16 percent copper, and 5–7 

percent nickel. TICN shot has a density 

ranging from 10.0 to 14.0 grams per 

cubic centimeter (g/cm3), is 

noncorrosive, and is magnetic. 

Spherical Precision estimates that the 

volume of TICN shot for use in hunting 

migratory birds in the United States will 

be approximately 50,000 pounds (lb) 

(22,700 kilograms (kg)) during the first 

year of sale, and perhaps 100,000 lb 

(45,400 kg) per year thereafter. 

ITN Alloys 

ENVIRON-Metal of Sweet Home, OR, 

submitted Iron-Tungsten-Nickel (ITN) 

alloys, which are cast alloys containing 

10–70 percent iron, 20–70 percent 

tungsten, and 10–40 percent nickel. The 

proposed shot types have densities 

ranging from about 8.5 to about 13.5 g/ 

cm3. The compositions of the alloys 

were shown in the proposed rule (70 FR 

49541). 

ENVIRON-Metal estimated that the 

yearly volume of ITN shot types with 

densities between those of steel (7.86 g/ 

cm3) and lead (11.3 g/cm3) expected for 

use in hunting migratory birds in the 

United States is approximately 200,000 

lb (113,500 kg) during the first year of 

sale. In the second year and beyond, 

sales upwards of 500,000 lb (227,000 kg) 

per year are anticipated. ITN shot types 

with densities greater than that of lead 

may ultimately attain sales levels of 

1,000,000 lb (454,000 kg) per year. 

TB Shot 

The Olin Corporation of East Alton, 

IL, submitted Tungsten-Bronze (TB) 

shot for approval. This is a sintered 


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4296 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 

composite with an average composition 

of 60 percent tungsten, 35.1 percent 

copper, 3.9 percent tin, and 1 percent 

iron. The copper and tin make up 39 

percent of the shot as a 90:10 ratio, 

respectively, in the form of a bronze 

alloy. The shot has a density of 12.0 g/ 

cm3, compared to 11.1–11.3 g/cm3 for 

lead, and 7.9 g/cm3 for steel. Olin 

estimated that the yearly volume of the 

TB shot in hunting migratory birds in 

North America will be approximately 

300,000 lb (136,200 kg). 

TTI Shot 

Tungsten-Tin-Iron (TTI) shot, 

submitted by Nice Shot, Inc., of Albion, 

PA, is a cast alloy composed of 58 

percent tungsten, 38 percent tin, and 4 

percent iron. This shot type has a 

density of 11.0 g/cm3. Nice Shot, Inc. 

estimated that approximately 5,000 lb 

(2,270 kg) of TTI shot are expected to be 

sold for use in hunting migratory birds 

in the United States during the first year 

of sale. TTI shot contains less than 1 

percent lead, and will not be coated. 

Each of the four shot types has a 

residual lead level of less than 1 

percent. To inhibit corrosion, TICN shot 

may be coated with tin, copper, or both, 

and ITN shot may be surface-coated 

with thin petroleum-based films. 

Neither TB nor TTI shot will be coated. 

In current 50 CFR 20.21(j)(1), the 

percent composition by weight for 

tunsten-tin-bismuth is ‘‘49–71 tungsten, 

29–51 tin; 0.5–6.5 bismuth, 0.8 iron’’. 

The proposed rule presented this same 

formulation. However, because we have 

already approved shot types of 100 

percent of each of these metals, we now 

approve any alloys of them. Therefore, 

the rule text now reflects that the 

percent composition by weight for 

tungsten-tin-bismuth alloys is now ‘‘any 

proportions of tungsten, tin, and 

bismuth’’. 

Effects of the Approvals on Migratory 

Waterfowl 

Approving additional nontoxic shot 

types will likely result in a minor 

positive long-term impact on waterfowl 

and wetland habitats. Approval of the 

four shot types and additional alloys as 

nontoxic would have a positive impact 

on the waterfowl resource. 

Cumulative Impacts 

We foresee no negative cumulative 

impacts of approval of the four shot 

types and the additional alloys for 

waterfowl hunting. Their approval 

should help to further reduce the 

negative impacts of the use of lead shot 

for hunting waterfowl and coots. 

Literature Cited 

Anderson, W. L., S. P. Havera, and B. W. 

Zercher. 2000. Ingestion of lead and 

nontoxic shotgun pellets by ducks in the 

Mississippi flyway. Journal of Wildlife 

Management 64:848–857. 

Garrettson, P. R., T. J. Moser, and K. Wilkins. 

2005. Waterfowl population status, 2005. 

U.S. Fish and Wildlife Service, 

Washington, D.C. 

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 regulations for 

implementing NEPA (40 CFR parts 

1500–1508), though all of the metals in 

these shot types have been approved in 

other shot types and are not likely to 

pose adverse toxicity effects on fish, 

wildlife, their habitats, or the human 

environment, we have completed Final 

Environmental Assessments and found 

no significant environmental impact 

from this action. 

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.’’ We have concluded 

that because all of the metals in these 

shot types have been approved in other 

shot types and will not be released to 

the environment (dissolved from the 

shot) by any of them, the metals will not 

be available to biota in significant 

amounts due to use of any of the four 

shot types. Therefore, this action will 

not affect endangered or threatened 

species. 

Executive Order 12866 

This rule is not a significant 

regulatory action subject to Office of 

Management and Budget (OMB) review 

under Executive Order 12866. This rule 

will not have an annual economic effect 

of $100 million or more or adversely 

affect an economic sector, productivity, 

jobs, the environment, or other units of 

government. Therefore, a cost-benefit 

economic analysis is not required. This 

action will not create inconsistencies 

with other agencies’ actions or 

otherwise interfere with an action taken 

or planned by another agency. No other 

Federal agency has any role in 

regulating nontoxic shot for migratory 

bird hunting. The action is consistent 

with the policies and guidelines of other 

Department of the Interior bureaus. This 

action will not materially affect 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients because it has no 

mechanism to do so. This action will 

not raise novel legal or policy issues 

because the Service has already 

approved several other nontoxic shot 

types. 

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 

economic impact on a substantial 

number of small entities, which include 

small businesses, organizations, or 

governmental jurisdictions. This rule 

approves four additional types of 

nontoxic shot that may be sold and used 

to hunt migratory birds. We have 

determined, however, that this rule will 

have no effect on small entities since the 

approved shot merely will supplement 

nontoxic shot types already in 

commerce and available throughout the 

retail and wholesale distribution 

systems. We anticipate no dislocation or 

other local effects, with regard to 

hunters and others. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule will not have an annual effect 

on the economy of $100 million or 

more; will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Paperwork Reduction Act 

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. We have examined this 

regulation under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501) 

and found it to contain no new 

information collection requirements. 

OMB has assigned control number 

1018–0067 to the collection of 

information that shot manufacturers are 

required to provide to us for the 

nontoxic shot approval process. This 

approval expires December 31, 2006. 

For further information, see 50 CFR 

20.134. 


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Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 4297 

Unfunded Mandates Reform 

We have determined and certify 

pursuant to the Unfunded Mandates 

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

this rulemaking will not significantly or 

uniquely affect small governments or 

produce a Federal mandate of $100 

million or more in any given year. 

Therefore, this rule does not constitute 

a significant regulatory action under the 

Unfunded Mandates Reform Act. 

Civil Justice Reform—Executive Order 

12988 

In promulgating this rule, we have 

determined that these regulations meet 

the applicable standards provided in 

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

Order 12988. 

Takings 

In accordance with Executive Order 

12630, this rule, authorized by the 

Migratory Bird Treaty Act, does not 

have significant takings implications 

and does not affect any constitutionally 

protected property rights. This rule will 

not result in the physical occupancy of 

property, the physical invasion of 

property, or the regulatory taking of any 

property. A takings assessment is not 

required. 

Federalism Effects 

This rule does not have a substantial 

direct effect on fiscal capacity, change 

the roles or responsibilities of Federal or 

State governments, or intrude on State 

policy or administration. In accordance 

with Executive Order 13132, this 

regulation does not have significant 

federalism effects, nor does it 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 determined that this rule 

has no effects on Federally recognized 

Indian tribes. 

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: 16 U.S.C. 703–712; 16 U.S.C. 

742a–j; Pub. L. 106–108. 

■ 2. Section 20.21 is amended by 

revising paragraph (j) to read as follows: 

§ 20.21 What hunting methods are illegal? 

* * * * * 

(j) 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, 3 tin .............................................. HOT*SHOT. *** 

iron (steel) .......................................................... iron and carbon ................................................ Magnet or HOT*SHOT. 

iron-tungsten ....................................................... any proportion of tungsten, ≥1 iron ................. Magnet or HOT*SHOT. 

iron-tungsten-nickel ............................................ ≥1 iron, any proportion of tungsten, up to 40 

nickel.

Magnet or HOT*SHOT. ** 

tungsten-bronze .................................................. 51.1 tungsten, 44.4 copper, 3.9 tin, 0.6 iron 

and 60 tungsten, 35.1 copper, 3.9 tin, 1 iron.

Rare Earth Magnet. 

tungsten-iron-copper-nickel ................................ 40–76 tungsten, 10–37 iron, 9–16 copper, 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, ≥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, 2.8 nickel ...... Magnet. 

* 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. 

* * * * * 

Dated: January 13, 2006. 

Paul Hoffman, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 06–745 Filed 1–25–06; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 011011247–6006–03; I.D. 

082701E] 

RIN 0648–AP62 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Rocket Launches from 

Kodiak Island, AK 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS, upon application from 

the Alaska Aerospace Development 

Corporation (AADC), is issuing 

regulations to govern the unintentional 

takings of small numbers of marine 

mammals incidental to rocket launches 

from the Kodiak Launch Complex (KLC) 

on Kodiak Island, AK. Issuance of 

regulations is required by the Marine 

Mammal Protection Act (MMPA) when 

the Secretary of Commerce (Secretary), 

after notice and opportunity for 

comment, finds, as here, that such takes 

will have a negligible impact on the 

species and stocks of marine mammals 

and will not have an unmitigable 

adverse impact on their availability for 

subsistence uses. These regulations do 

not authorize AADC’s rocket launch 

activities, as such authorization is not 

within the jurisdiction of the Secretary. 


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