[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Page 55788]
[FR Doc No: 2014-22098]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Supplemental Notice of Meeting

    On August 19, 2014, a Notice was issued announcing that
Commissioner Philip D. Moeller will convene a meeting at the Federal
Energy Regulatory Commission on Thursday, September 18, 2014, from 2:00
p.m. to 4:45 p.m., in the Commission Meeting Room at the agency's
headquarters. That notice is hereby supplemented with the following
information.
    Due to the large number of persons who have expressed an interest
to speak at the meeting, Commissioner Moeller kindly requests that each
speaker keep their remarks and responses succinct and focused on issues
directly related to the topic of the meeting (i.e., discussing ideas to
facilitate and improve the way in which natural gas is traded, and
explore the concept of establishing a centralized trading platform for
natural gas).
    The meeting format will consist of a roundtable discussion and
persons speaking are not expected to have prepared remarks or formal
presentations. There will also be an opportunity to file written
comments after the meeting on any issue that was discussed at the
meeting. Written comments will be limited to no more than five (5)
pages and be due by October 1, 2014 by email to<EMAIL_ADDRESS>
All comments received will then be publically posted on Commissioner
Moeller's Web site at www.ferc.gov in the ``Highlights'' section.
    This is an in-person meeting only, and the meeting will not be
transcribed, webcast, or be available by telephone. As noted
previously, this meeting is open to the public and there is no
registration to attend.

    Dated: September 9, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-22098 Filed 9-16-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 13049-13052]
[DOCID:fr11mr08-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28179; File No. 812-13446]

Prudential Annuities Life Assurance Corporation, et al; Notice of
Application

March 4, 2008.
AGENCY: Securities and Exchange Commission (``SEC'' or ``Commission'').

ACTION: Notice of application for an amended order under section 6(c)
of the Investment Company Act of 1940, as amended (the ``Act'' or
``1940 Act'') granting exemptions from the provisions of sections
2(a)(32), 22(c) and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder.

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     Applicants: Prudential Annuities Life Assurance Corporation
(``PALAC''), Prudential Annuities Life Assurance Corporation Variable
Account B (``Account''); and Prudential Annuities Distributors, Inc.
(``PAD,'' and collectively with PALAC, and the Account ``Applicants'').
     Summary of Application: Applicants seek an order amending an
existing order under section 6(c) of the Act, exempting them from
sections 2(a)(32), 22(c) and 27(i)(2)(A) of the Act and Rule 22c-1
thereunder, to permit the recapture of credit amounts that differ from
the credit amounts contemplated by the existing order, under certain
specified circumstances.
     Filing Date: The application was filed on October 29, 2007 and
amended on January 7, 2008.
     Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Secretary of
the Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on March 31, 2008, and should be accompanied by
proof of service on Applicants in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the requester's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary of the Commission.

ADDRESSES: Secretary, SEC, 100 F Street, NE., Washington, DC 20549-
1090. Applicants, c/o C. Christopher Sprague, Esq., The Prudential
Insurance Company of America, 751 Broad Street, Newark, NJ 07102-2992.

FOR FURTHER INFORMATION CONTACT: Sally Samuel, Senior Counsel, or Joyce
M. Pickholz, Branch Chief, Office of Insurance Products, Division of
Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee from
the SEC's Public Reference Branch, 100 F Street, NE., Washington, DC
20549 (tel.<PHONE_NUMBER>).
     Applicants' Representations:
    1. In Investment Company Act Release Nos. 25373 (January 22, 2002)
(notice of application) and 25423 (February 20, 2002) (order), the
Commission granted an order (the ``Order'') that permits, under
specified circumstances, the recapture of certain bonus payments under
the XTRA Credit SIX variable annuity (the ``Contract'').\1\ In
particular, the Order permits the recapture of a credit equal to 6% of
the purchase payment amount for a purchase payment made during the
first annuity year. Since February of 2006, Applicants have been
granting a credit of 6.5% during the first annuity year, but
recapturing that credit only to the extent permitted absent a
Commission

order (i.e., during the free look period, after adjusting for charges
and any negative investment performance with respect to the credit
amount). In this application, Applicants seek to recapture the full
amount of the 6.5% credit (the ``6.5% Credit'') (a) if the Contract is
returned during the free look period, (b) if the Credit was granted
with respect to a purchase payment submitted within twelve months prior
to death (except that PALAC will not recapture the 6.5% Credit to the
extent that the death benefit is equal to the account value, but after
the recovery of all or a portion of the credit, the death benefit would
be equal to less than purchase payments minus proportional withdrawals)
and (c) if the Credit was granted with respect to a purchase payment
submitted within twelve months prior to the exercise of the medically-
related surrender provision of the Contract.
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    \1\ The Order applies to the American Skandia XTra Credit FOUR
annuity (which offers different credit amounts than XTra Credit SIX)
as well as the American Skandia XTra Credit SIX annuity. The instant
application seeks to amend the Order only with respect to the XTra
Credit SIX annuity, and not with respect to the XTra Credit Four
annuity. Also that PALAC offers a ``private label'' version of the
Contract, called Optimum Plus that is sold through Linsco/Private
Ledger Corp. Optimum Plus offers the same credits as XTRA Credit
SIX. Thus, references to the ``Contract'' in this application are
intended to include Optimum Plus.
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    2. Applicants seek an amended order pursuant to section 6(c) of the
Act exempting them from sections 2(a)(32), 22(c) and 27(i)(2)(A) of the
Act and Rule 22c-1 thereunder to the extent necessary to permit PALAC
to recapture this 6.5% Credit under the scenarios described above.
Applicants request that the amended order sought herein apply to any
separate account established in the future by PALAC (``Future
Account'') to support a variable annuity contract offered by PALAC in
the future that is substantially similar in all material respects to
the Contract (the ``Future Contracts'') and to any Future Contracts.
Applicants also request that the amended order extend to any FINRA
member broker-dealer controlling, controlled by, or under common
control with PALAC, whether existing or created in the future, that
serves as a distributor or principal underwriter of the Contract
offered through the Accounts or any Future Account (``Broker-
Dealers''). Applicants also request that the amended order extend to
any broker-dealers that are FINRA-registered and not affiliated with
PALAC or the Broker-Dealers (the ``Unaffiliated Broker-Dealers''). Each
Unaffiliated Broker-Dealer will have entered into a dealer agreement
with PAD or an affiliate of PAD prior to offering the Contract.
    3. The Contracts are flexible premium deferred variable annuity
contracts that are registered on Form N-4. The minimum initial purchase
payment is $10,000, and any additional purchase payment must be at
least $100 (except for contract owners who participate in certain
periodic purchase payment programs). The maximum issue age for the
Contract is 75, meaning that (a) the owner must be 75 or younger, or
(b) for a Contract that is entity-owned, the annuitant must be 75 or
younger.
    4. There are various insurance features under the Contract and
charges associated with those features. There is a mortality and
expense risk charge equal to 0.50% annually, an administration charge
equal to 0.15% annually, and a distribution charge equal to 1.00%
annually that is applicable only in annuity years 1-10. There is a
maintenance fee equal to the lesser of $35 or 2% of account value,
which is assessed annually on the Contract's anniversary date or upon
surrender. PALAC imposes no fee with respect to the first 20 transfers
in an annuity year, but after the 20th such transfer, currently imposes
a fee of $10 per transfer ($15 maximum). There is a contingent deferred
sales charge (``CDSC'') under the Contract, the amount of which is
based on the number of years that have elapsed since the issue date of
the annuity. For Contracts issued prior to November 20,2006, the CDSC
begins at 9% in year one, and each year thereafter is equal,
respectively, to 9%, 8.5%, 8%, 7%, 6%, 5%, 4%, 3%, 2%, with no CDSC in
years 11 and later. For Contracts issued on or after November 20, 2006,
the CDSC begins at 9% in year one, and each year thereafter is equal,
respectively, to 9%, 8%, 7%, 6%, 5%, 4%, 3%, 2%, 1%, with no CDSC in
years 11 and later. No CDSC is imposed on the portion of a withdrawal
that can be taken as part of the free withdrawal feature of the
Contract. The maximum free withdrawal amount available in each annuity
year is equal to 10% of all purchase payments that are subject to a
CDSC. Earnings are not subject to any CDSC, and thus are not considered
part of the free withdrawal. No CDSC will be imposed in any situations
where the 6.5% Credit is recaptured
    5. A Contract owner may select one or more of several optional
living benefits. The Guaranteed Minimum Income Benefit, which offers
lifetime payments based on a guaranteed protected value, is subject to
a charge of 0.50% per year of the average protected income value each
year. The Lifetime Five Income Benefit (which allows the owner to
withdraw a specified protected value through periodic withdrawals or as
a series of payments for life) is subject to a charge of 0.60% annually
of the average daily net assets in the sub-accounts. The Contract also
offers a variant of the Lifetime Five benefit (called ``Spousal
Lifetime Five'') that, for a charge of 0.75% annually, guarantees
income until the second-to-die of two individuals married to each
other. There is yet another variant called Highest Daily Lifetime Five,
under which the protected withdrawal value is based on a highest daily
account value and which bears a charge of 0.60% annually. The Contract
offers a guaranteed minimum accumulation benefit called the Guaranteed
Return Option (``GRO'' and ``GRO Plus'') for which PALAC imposes a
charge equal to 0.25% annually. Finally, the Contract offers a
guaranteed minimum withdrawal benefit for a charge of 0.35% annually.
    6. The Contract offers several optional death benefits, including
the Enhanced Beneficiary Protection Death Benefit for a charge of 0.25%
annually, the Highest Anniversary Value Death Benefit for a charge of
0.25% annually, a Combination 5% roll-up and Highest Anniversary Value
Death Benefit for a charge of 0.50% annually, and a Highest Daily Value
Death Benefit for a charge of 0.50% annually. Applicants may add other
optional living and death benefits to the Contract in the future. In
addition to the optional insurance features, the Contract offers
several optional administrative features at no additional cost (e.g.,
auto rebalancing, systematic withdrawals).
    7. The Contract offers both variable investment options and market
value adjustment fixed interest rate options. At present, the Contract
offers portfolios of Advanced Series Trust (formerly, American Skandia
Trust), AIM Variable Insurance Funds, Evergreen Variable Annuity Trust,
First Defined Portfolio Fund, Gartmore Variable Insurance Trust,
ProFunds, the Prudential Series Fund, and Wells Fargo Variable Trust.
Under the Contract, Applicants reserve the right to add new underlying
funds and series, and to substitute new portfolios for existing
portfolios (subject to Commission approval).
    8. An owner choosing to annuitize under the Contract will have only
fixed annuity options available. Those fixed annuity options include
annuities offering payments for life, payments based on joint lives,
payments for life with a certain period, and fixed payments for a
certain period. The latest annuitization date is the first day of the
month coinciding with, or immediately following the later of the
annuitant's 85th birthday or your fifth annuity anniversary. For
contracts issued on or after November 20, 2006, the maximum annuity
date is triggered by the later of the first of the owner or annuitant
to reach age 95 and the fifth anniversary of the issue date of the
Contract.
    9. For Contracts sold prior to February 13, 2006, the credit for
purchase payments made during the first annuity

year is 6%, and is not proposed to be changed. For Contracts issued on
or after February 13, 2006, the credit applicable to purchase payments
made during the first year is 6.5%. Applicants seek an amended
exemptive order to allow them to recapture the full amount of this 6.5%
Credit under the scenarios identified in the following sentence with
respect to Contracts issued on or after the date of the Commission's
order under this application. Specifically, Applicants will recapture
the 6.5% Credit if (a) the Contract is surrendered during the free look
period, or (b) the credit was applied within 12 months prior to death
(except that PALAC will not recapture the credit to the extent that the
death benefit is equal to the account value, but after the recovery of
all or a portion of the credit, the death benefit would be equal to
less than purchase payments minus proportional withdrawals), or (c) the
credit was applied within 12 months prior to the surrender of the
contract under the medically-related surrender provision of the
Contract (e.g., if the owner is diagnosed with a ``fatal illness'' and
chooses to invoke this contract provision on that basis). (The
medically-related surrender feature is not available in New York.)
Applicants seek an amended order pursuant to section 6(c) from sections
2(a)(32), 22(c), and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder
to the extent necessary to permit the Insurance Company to recapture
the 6.5% Credit described herein in the instances described in the
preceding sentence.
     Applicants' Legal Analysis:
    1. Section 6(c) of the Act authorizes the Commission to exempt any
person, security or transaction, or any class or classes of persons,
securities or transactions, from the provisions of the Act and the
rules promulgated thereunder if and to the extent that such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act.
    2. Applicants request that the Commission, pursuant to section 6(c)
of the Act, amend the Order to the extent necessary to permit the
recapture of the 6.5% Credit under the circumstances described above.
Applicants believe that the requested exemptions are appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
    3. Applicants submit that the recapture of the 6.5% Credit will not
raise concerns under Sections 2(a)(32), 22(c) and 27(i)(2)(A) of the
1940 Act, and Rule 22c-1 thereunder for the same reasons given in
support of the Order. The 6.5% Credit will be recaptured only if the
owner (a) exercises his/her free look right, (b) dies within 12 months
after receiving a 6.5% Credit or (c) makes a medically-related
surrender within 12 months after receiving a 6.5% Credit. The amounts
recaptured equal the 6.5% Credits provided by the Insurance Company
from its own general account assets.
    4. When PALAC recaptures the 6.5% Credit, it is merely retrieving
its own assets, and the owner has not been deprived of a proportionate
share of the Account's assets, because his or her interest in the 6.5%
Credit amount has not vested. With respect to 6.5% Credit recaptured
upon the exercise of the free-look privilege, it would be unfair to
allow an owner exercising that privilege to retain a 6.5% Credit amount
under a Contract that has been returned for a refund after a period of
only a few days. If PALAC could not recapture the 6.5% Credit during
the free look period, individuals could purchase a Contract with no
intention of retaining it, and simply return it for a quick profit.
Applicants also note that the Contract owner is entitled to retain any
investment gain attributable to the 6.5% Credit, even if the 6.5%
Credit is ultimately recaptured. Furthermore, the recapture of 6.5%
Credits if death or a medically-related surrender occurs within 12
months after the receipt of a Credit is designed to provide PALAC with
a measure of protection against ``anti-selection.'' The risk here is
that an owner, with full knowledge of impending death or serious
illness, will make very large payments and thereby leave PALAC less
time to recover the cost of the 6.5% Credit, to its financial
detriment.
    5. Applicants submit that the provisions for recapture of the 6.5%
Credit under the Contract do not, and any such Future Contract
provisions will not, violate sections 2(a)(32) and 27(i)(2)(A) of the
Act, and Rule 22c-1 thereunder, and that the relief requested is
consistent with the exemptive relief provided under the Order and other
Commission precedent.
    6. The recapture of the 6.5% Credit could be viewed as involving
the redemption of redeemable securities for a price other than one
based on the current net asset value of an Account. The recapture of
the 6.5% Credit does not involve either of the evils that Rule 22c-1
was intended to address, namely: (a) The dilution of the value of
outstanding redeemable securities of registered investment companies
through their sale at a price below net asset value or redemption or
repurchase at a price above it, and (b) other unfair results, including
speculative trading practices. Applicants assert that the proposed
recapture of the 6.5% Credit does not pose a threat of dilution. To
effect a recapture of a 6.5% Credit, interests in an owner's account
will be redeemed at a price determined on the basis of the current net
asset value. The amount recaptured will equal the amount of the 6.5%
Credit that the Insurance Company paid out of its general account
assets. Although the owner will be entitled to retain any investment
gain attributable to the 6.5% Credit, the amount of that gain will be
determined on the basis of current net asset value. Therefore, no
dilution will occur upon the recapture of the 6.5% Credit. Applicants
also submit that the second harm that Rule 22c-1 was designed to
address, namely speculative trading practices calculated to take
advantage of backward pricing, will not occur as a result of the
recapture of the 6.5% Credit.
    7. Applicants submit that their request for an amended order that
applies to any Account or any Future Account established by PALAC in
connection with the issuance of Contracts and Future Contracts, and
underwritten or distributed by PAD or other broker-dealers, is
appropriate in the public interest. Such an order would promote
competitiveness in the variable annuity market by eliminating the need
to file redundant exemptive applications, thereby reducing
administrative expenses and maximizing the efficient use of Applicants'
resources. Investors would not receive any benefit or additional
protection by requiring Applicants to repeatedly seek exemptive relief
that would present no issue under the Act that has not already been
addressed in this application. Having Applicants file additional
applications would impair Applicants' ability effectively to take
advantage of business opportunities as they arise.
    8. Applicants undertake that Future Contracts funded by the
Accounts or by Future Accounts that seek to rely on the order issued
pursuant to the application will be substantially similar to the
Contracts in all material respects.

Conclusion

    Applicants submit that their request for an amended order meets the
standards set out in section 6(c) of the 1940 Act and that an amended
order should, therefore, be granted.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-4684 Filed 3-10-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5811-5812]
[FR Doc No: 2019-03051]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-1]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the Information Collection Requests
(ICRs) abstracted below to the Office of Management and Budget (OMB)
for review and comment. The ICRs describe the information collections
and their expected burden. On November 14, 2018, FRA published a notice
providing a 60-day period for public comment on the ICRs.

DATES: Interested persons are invited to submit comments on or before
March 25, 2019.

ADDRESSES: Submit written comments on the ICRs to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW, Washington, DC 20503, Attention: FRA Desk Officer.
Comments may also be sent via email to OMB at the following address:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Room W33-497, Washington, DC 20590 (telephone: 202-493-
6292); or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Administration, Office

of Information Technology, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Room W34-212, Washington, DC 20590 (telephone: 202-
493-6132).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On November 14, 2018, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICRs for which it is now seeking OMB approval. See 83 FR 56909. FRA
received no comments in response to this notice.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. Federal law
requires OMB to approve or disapprove paperwork packages between 30 and
60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5
CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB
believes the 30-day notice informs the regulated community to file
relevant comments and affords the agency adequate time to digest public
comments before it renders a decision. 60 FR 44983, Aug. 29, 1995.
Therefore, respondents should submit their respective comments to OMB
within 30 days of publication to best ensure having their full effect.
    Comments are invited on the following ICRs regarding: (1) Whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: State Safety Participation Regulations and Reporting of
Remedial Actions.
    OMB Control Number: 2130-0509.
    Abstract: The collection of information is set forth under 49 CFR
part 212, and requires qualified state inspectors to provide various
reports to FRA for monitoring and enforcement purposes concerning state
investigative, inspection, and surveillance activities regarding
railroad compliance with Federal railroad safety laws and regulations.
Additionally, under 49 CFR part 209, subpart E, railroads are required
to report to FRA actions taken to remedy certain alleged violations of
law.
    Type of Request: Extension with change (revised estimates) of a
currently approved information collection.
    Form(s): FRA F 6180.33/61/67/96/96A/109/110/111/112/144.
    Respondent Universe: States and Railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 82,402.
    Total Estimated Annual Burden: 49,047 hours.
    Total Estimated Burden Hours Dollar Equivalent Cost: $3,629,478.
    Title: Use of Locomotive Horns at Highway-Rail Grade Crossings.
    OMB Control Number: 2130-0560.
    Abstract: Under 49 CFR part 222, FRA seeks to collect information
from railroads and public authorities in order to increase safety at
public highway-rail grade crossings nationwide by requiring that
locomotive horns be sounded when trains approach and pass through these
crossings or by ensuring that a safety level at least equivalent to
that provided by routine locomotive horn sounding exists for quiet zone
corridors in which horns are silenced. FRA reviews applications by
public authorities intending to establish new quiet zones or, in some
cases, continue pre-rule quiet zones to ensure the necessary level of
safety is achieved.
    Type of Request: Extension with change (revised estimates) of a
currently approved information collection.
    Form(s): N/A.
    Respondent Universe: 728 Railroads/340 Public Authorities.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 4,362.
    Total Estimated Annual Burden: 9,236 hours.
    Total Estimated Burden Hours Dollar Equivalent Cost: $681,983.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2019-03051 Filed 2-21-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Pages 75447-75448]
[FR Doc No: 2011-30893]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0880; Airspace Docket No. 11-AAL-17]

Amendment of Class E Airspace; Emmonak, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace at Emmonak, AK. The
revision of two standard instrument approach procedures at the Emmonak
Airport has made this action necessary to enhance safety and management
of Instrument Flight Rules (IFR) operations.

DATES: Effective date, 0901 UTC, February 9, 2012. The Director of the
Federal Register approves this

incorporation by reference action under 1 CFR part 51, subject to the
annual revision of FAA Order 7400.9 and publication of conforming
amendments.

FOR FURTHER INFORMATION CONTACT: Jeanette Roller, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 31, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend controlled airspace at
Emmonak, AK (76 FR 54148). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9V dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR Part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order. Except for editorial changes, this rule is
the same as published in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by modifying Class E airspace extending upward from 700 feet
above the surface, at Emmonak, Airport, to accommodate IFR aircraft
executing the two revised standard instrument approach procedures at
the airport. This action is necessary for the safety and management of
IFR operations. The portion of the airspace that lies further than 12
miles offshore and overlaps Norton Sound Low will be amended in a
future rulemaking.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it modifies
controlled airspace at Emmonak, Airport, Emmonak, AK.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Emmonak, AK [Modified]

Emmonak Airport, AK
    (Lat. 62[deg]47'10'' N., long. 164[deg]29'27'' W.)
Emmonak VOR/DME
    (Lat. 62[deg]47'05'' N., long. 164[deg]29'15'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Emmonak Airport, and within 4 miles
east and 8 miles west of the Emmonak VOR/DME 353[deg] radial
extending from the VOR/DME to 16 miles north, and within 4 miles
east and 8 miles west of the Emmonak VOR/DME 182[deg] radial
extending from the VOR/DME to 16 miles south, and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of the Emmonak Airport, excluding that area outside 12 miles
from the shoreline that overlies Norton Sound Low.

    Issued in Seattle, Washington, on November 22, 2011.
Robert Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-30893 Filed 12-1-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25660-25663]
[FR Doc No: 2023-08945]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-0894]

Agency Information Collection Activities; Proposed Collection;
Comment Request; The Real Cost Monthly Implementation Assessment

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency.

Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are
required to publish a notice in the Federal Register concerning each
proposed collection of information and to allow 60 days for public
comment in response to the notice. This notice solicits comments on a
proposed information collection entitled ``The Real Cost Monthly
Implementation Assessment.''

DATES: Either electronic or written comments on the collection of
information must be submitted by June 26, 2023.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of June 26, 2023. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-N-0894 for ``The Real Cost Monthly Implementation
Assessment.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

The Real Cost Monthly Implementation Assessment

OMB Control Number 0910-NEW

    This information collection supports the development and
implementation of FDA public education campaigns related to tobacco
use. To reduce the public health burden of tobacco use in the United
States and educate the public--especially young people--about the
dangers of tobacco use, the FDA Center for Tobacco Products (CTP) is
developing and implementing multiple public education campaigns.
    FDA launched ``The Real Cost'' in February 2014, seeking to reduce
tobacco use among at-risk youth ages 12 to 17 in the United States who
are open

to smoking cigarettes and/or using electronic nicotine delivery systems
(ENDS) products, or who have already experimented with cigarettes and/
or ENDS products. Complementary evaluation studies, including the
``Evaluation of FDA's Public Education Campaign on Teen Tobacco
(ExPECTT),'' were implemented to measure awareness of ``The Real Cost''
paid media campaign among youth ages 12 to 17 in the United States, and
to understand how awareness is related to change in key outcomes.
    Although outcome evaluation studies of ``The Real Cost'' have and
continue to assess the impact of awareness on outcomes, no studies have
sought to assess the implementation of ``The Real Cost.'' As FDA
continues to increase the presence of ``The Real Cost'' on digital
channels (e.g., Hulu, YouTube, Instagram), the need for an
implementation evaluation has become clear as these messages are
received by the target audience on digital channels differently
compared to how the messages are received on broadcast channels. Before
the migration of campaign ads to digital channels, ads from ``The Real
Cost'' were primarily aired on broadcast TV. In the broadcast space,
for people to avoid receiving the message, they needed to be proactive
(e.g., finding the remote to change the channel or leaving the room).
In the digital space, however, people need to be proactive to watch the
full message, like stopping scrolling on social media or skipping the
ad on YouTube. Assessment of this information is integral to
understanding self-reported ad awareness levels, as well as how our
audience experiences and processes the ads as they are airing in a
digital, real-world setting.
    Therefore, we propose a study to help us understand, in a digital
setting, how youth experience the messages, how they engage with
messages, the extent to which youth report being exposed to messages,
and how youth process the messages. Studying exposure to ad messages as
it naturally occurs in the real world can help us understand the points
of connection--or disconnection--between the results of copy testing
studies (which assess responses to the ads with forced exposure to
them) and outcome evaluation findings (which are based on natural
exposure to ads in the real world). Data gathered from this assessment
will also provide the necessary and timely information to optimize
campaign messages, the digital media buy (i.e., where, how, and when
ads are shown), and creative rotations (i.e., which ads are shown).
    ``The Real Cost'' Monthly Implementation Assessment is a repeated
cross-sectional survey that will be conducted using web-based surveys
that are self-administered on personal computers or web enabled mobile
devices to collect rapid data on ``The Real Cost'' ads. Data from up to
2,000 youth in the United States will be collected each month for up to
24 months. To be eligible, youth and young adults must be between the
ages of 12 to 20 and have not taken ``The Real Cost'' Monthly
Implementation Assessment survey within the past 3 months. We will use
an Ipsos Knowledge Networks Panel to collect data on ``The Real Cost''
ads. This design offers flexibility to assess new ad messages, as they
air across various digital platforms, examine their performance over
time, as well as the ability to pivot and add new survey measures as
necessary. Monthly data will also allow us to obtain timely information
on ad awareness, perceived effectiveness, as well as on youth attention
and processing of the ads.
    The purpose of FDA's ``The Real Cost'' Monthly Implementation
Assessment is to evaluate the following key components about ``The Real
Cost'' ads:
     Awareness of ``The Real Cost'' ads.
     Attention behaviors when seeing ``The Real Cost'' ads.
     Processing of ``The Real Cost'' ads, including:
    [cir] Engagement with the ads.
    [cir] Main message comprehension.
    [cir] Acceptance and/or rejection of the ads.
     Perceived effectiveness of ``The Real Cost'' ads.
     Belief and knowledge tracking of ``The Real Cost'' ads.
    In addition to the above components, the survey will ask
participants to report on tobacco use and other psychographic and
demographic items. The time frame that the survey items will ask about
for ad awareness (i.e., past 30 days or past week) will depend on
several factors, including how long the ad was on air. The survey will
take an average of approximately 25 minutes to complete per
participant. As the survey items are tested, any irrelevant items will
be cut as necessary. Ad creative for both vaping and cigarette products
will be assessed; therefore, two similar surveys (one on ENDS-focused
ads and one on cigarette-focused ads) will be fielded as appropriate,
but not within the same month. In support of the provisions of the
Tobacco Control Act that require FDA to protect the public health and
to reduce tobacco use by minors, FDA requests OMB approval to collect
information to evaluate CTP's public education campaign ``The Real
Cost'' through the Monthly Implementation Assessment.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Number of
          Type of respondent/activity              Number of     responses per       Total             Average burden per response          Total hours
                                                  respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parent/Young Adult Screener...................       2,688,000               1       2,688,000  0.05 (3 minutes)........................         134,400
Parent Permission.............................       2,016,000               1       2,016,000  0.05 (3 minutes)........................         100,800
Youth Screener................................       2,016,000               1       2,016,000  0.05 (3 minutes)........................         100,800
Youth Assent..................................          36,000               1          36,000  0.05 (3 minutes)........................           1,800
Young Adult Consent...........................          12,000               1          12,000  0.05 (3 minutes)........................             600
Online Survey.................................          48,000               1          48,000  0.42 (25 minutes).......................          20,160
Invitation Email/Reminder Emails/Thank you              48,000               1          48,000  0.42 (25 minutes).......................          20,160
 Email.
                                               ---------------------------------------------------------------------------------------------------------
    Total.....................................  ..............  ..............  ..............  ........................................         378,720
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Data collection for the Monthly Implementation Assessment will
consist of administering a monthly survey to participants aged 12 to 20
over the course of 2 years (24 months). We expect the screening process
(3 minutes

per response) to yield an approximate 2.3 to one ratio of eligible
participants. We will need to screen approximately 112,000 potential
parents and young adults each month (resulting in 2,688,000 screeners)
over the study period. Since the eligible age for data collection is 12
to 20 years old, we intend to screen parents of eligible youth, as well
as young adults. Parents of the youth participants determined to be
eligible through the screener will provide parent permission (3 minutes
per response). We estimate that 2,016,000 of the parents who complete
the screener will provide their permission for their youth to complete
the online survey (approximately 75 percent of the 2,688,000 screened).
Eligible youth (2,016,000) will provide their assent (3 minutes per
response) to participate in the online survey (25 minutes per
response). Participants that are 18 to 20 (19 to 20 in Alabama and
Nebraska in accordance with state law) will complete the screener for
themselves and provide their consent (3 minutes per response) to
participate in the online survey. We estimate that approximately 25
percent of the 48,000 completed surveys will come from young adults
aged 18 to 20 (19 to 20 in Alabama and Nebraska).
    Over the course of the study period, we intend to survey
approximately 2,000 youth and young adults ages 12 to 20 per month for
24 months. From these completed screeners, we estimate that we will
obtain data from 36,000 youth and 12,000 young adults. This will give
us a total of 48,000 participants for the study. The survey will be
repeated with a new cross-sectional sample approximately every month
over a period of 24 months; however, some participants will complete
more than one wave. These 48,000 respondents will receive an invitation
email with a link to take the survey (4 minutes), six reminder emails
(3 minutes each), and a thank you email (3 minutes) upon completion of
the study for a total of 25 minutes for respondents to read and respond
to the emails.

    Dated: April 20, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-08945 Filed 4-26-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14580-14583]
[FR Doc No: 2018-06985]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 160303184-8255-01]
RIN 0694-AG90

Reclassification of Targets for the Production of Tritium and
Related Development and Production Technology Initially Classified
Under the 0Y521 Series

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to impose a license
requirement on exports and reexports of specified target assemblies and
components for the production of tritium under new Export Control
Classification Number (ECCN) 1A231, and for the related ``production''
technology for 1A231 commodities covered under ECCNs 1E001 and 1E201.
The items identified in this rule are controlled for nuclear
nonproliferation (NP) Column 1 and anti-terrorism (AT) Column 1
reasons. These new classifications are the result of a U.S. Government
proposal submitted and agreed to by members of the relevant
multilateral regime, the Nuclear Suppliers Group (NSG), in June 2017.
This final rule, as required under the 0Y521 procedure and in
fulfillment of multilateral commitments, implements the multilateral
control for the items adopted by the NSG.

DATES: This rule is effective April 5, 2018.

FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and
Missile Technology Controls Division, Office of Nonproliferation and
Treaty Compliance, by phone at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 2012, BIS established the temporary classification ECCN 0Y521
series (encompassing ECCNs 0A521, 0B521, 0C521, 0D521, and 0E521) to
identify items that warrant control on the Commerce Control List (CCL)
because the items provide at least a significant military or
intelligence advantage to the United States or for foreign policy
reasons, but are not yet identified in an existing ECCN (77 FR 22191;
April 13, 2012).
    The license requirements and policies for the ECCN 0Y521 series
appear in Sec.  742.6(a)(7) of the EAR, and items classified under the
series appear in supplement No. 5 to part 774. Consistent with the
procedure established in the April 13, 2012, rule, the Department of
Commerce, with the concurrence of the Departments of Defense and State
and in consultation with the Department of Energy, determined that
targets made of or containing lithium ``specially designed'' for the
production of tritium by insertion in the core of a nuclear reactor
(``targets'') and the related ``development'' and ``production''
technology met the criteria for inclusion in the series. Controls on
the targets and related technologies under 0Y521 series ECCNs 0A521 and
0E521, respectively, were published in an interim final rule, with
request for comments, on August 8, 2016 (81 FR 52326). The items were
controlled for regional stability (RS) Column 1 reasons to all
destinations except Canada, and a case-by-case review policy applied to
license applications. The only license exception available for these
items was License Exception GOV (Governments, international
organizations, international inspections under the Chemical Weapons
Convention, and the International Space Station (GOV)), which applies
to all ECCN 0Y521 items if within the scope of Sec.
[thinsp]740.11(b)(2)(ii) (Exports, reexports, and transfers (in-
country) made by or consigned to a department or agency of the U.S.
Government), as provided in Sec.  [thinsp]740.2(a)(14). See also
supplement No. 5 to part 774. BIS did not receive any comments in
response to the August 8, 2016 rule.
    Subsequent to the 0Y521 classification, and, as required by Sec.
[thinsp]742.6(a)(7)(iii), within one calendar year of the August 8,
2016 rule providing for the temporary 0Y521

series classification, the U.S Government submitted a proposal to the
NSG seeking a longer-term, multilateral classification for the targets
and related technologies. The NSG adopted the United States' proposal.
Therefore, as required under the 0Y521 ECCN series procedure and to
fulfill the multilateral commitment made at the NSG, this final rule
formally implements the adoption of a nuclear nonproliferation (NP)
control for the items mentioned. This rule also implements an anti-
terrorism (AT) control on the items.

Targets for the Production of Tritium and Related ``Development'' and
``Production'' Technology Initially Classified Under the 0Y521 Series
Reclassified to a Nuclear Nonproliferation Multilateral Control Under
the EAR

License Requirements
    In this rule, BIS amends the EAR to add a new ECCN, 1A231, for
specified target assemblies and components for the production of
tritium, and to impose a license requirement on exports and reexports
of items classified thereunder. ECCN 1A231 will be inserted between
ECCNs 1A227 and 1A290 on the CCL. Specifically, this rule imposes a
license requirement on exports and reexports of such items if they are
either (a.) target assemblies made of or containing lithium enriched in
the lithium-6 isotope ``specially designed'' for the production of
tritium through irradiation, including insertion in a nuclear reactor;
or (b.) components ``specially designed'' for the target assemblies
specified in Item paragraph a. of new ECCN 1A231. A Technical Note to
paragraph b. provides that components ``specially designed'' for target
assemblies for the production of tritium may include lithium pellets,
tritium getters, and specially-coated cladding.
    In addition, pursuant to this rule, the related ``production''
technology for the items controlled under the new ECCN 1A231 entry is
classified under existing ECCNs 1E001 and 1E201. Consequently, a
reference to ECCN 1A231 has been added to the headings of ECCN 1E001
and ECCN 1E201 and to the License Requirements section of ECCN 1E001.
The items classified under new ECCN 1A231 and under existing ECCNs
1E001 and 1E201 in this rule are controlled for nuclear
nonproliferation (NP) Column 1 and anti-terrorism (AT) Column 1
reasons.
License Exceptions
    License Exception availability for items specified under new ECCN
1A231, and the related technology specified under existing ECCNs 1E001
and 1E201, is consistent with Category 1 NP controlled end items and
related technology and provisions, as described in Sec.  742.3 of the
EAR.
Licensing Policy
    Applications for licenses to export and reexport the target
assemblies and components covered under ECCN 1A231 and the related
technology controlled under ECCNs 1E001 and 1E201 will be reviewed
using the factors described in paragraph (b)--Licensing policy--of
Sec.  742.3 of the EAR, which include: The appropriateness of the
stated end-use, including specifically for the stated end-user; the
items' significance for nuclear purposes; whether the items are to be
used in certain specified types of research; the types of assurances or
guarantees given against use for nuclear explosive purposes or
proliferation; whether any party to the transaction has been engaged in
clandestine or illegal procurement activities; whether an application
for a license to export or reexport to the end-user has previously been
denied or whether the end-user has previously diverted items to
unauthorized activities which were received under a license, a license
exception, or shipped with no license required; whether the transaction
would present an unacceptable risk of diversion to a nuclear explosive
activity or unsafeguarded nuclear fuel-cycle activity, as described in
Sec.  744.2(a) of the EAR; and consideration of factors related to the
nonproliferation credentials of the importing country.
Conforming Amendment
    Finally, in this rule, BIS amends the EAR to make a conforming
change. Specifically, BIS amends supplement No. 5 to part 774--Items
Classified Under ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521--to remove
the existing references to the targets under ``0A521. Systems,
Equipment and Components.'', and the related technology under ``0E521.
Technology.''

Export Administration Act

    Although the Export Administration Act of 1979 expired on August
20, 2001, the President, through Executive Order 13222 of August 17,
2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order
13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by
the Notice of August 15, 2017, 82 FR 39005 (August 16, 2017), has
continued the Export Administration Regulations in effect under the
International Emergency Economic Powers Act. BIS continues to carry out
the provisions of the Export Administration Act of 1979, as appropriate
and to the extent permitted by law, pursuant to Executive Order 13222,
as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall a person be subject to a penalty for
failure to comply with, a collection of information, subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid OMB control number. This rule affects two approved collections:
(1) The Simplified Network Application Processing + System (control
number 0694-0088), which carries a burden hour estimate of 43.8 minutes
manual or electronic and includes, among other things, license
applications; and (2) License Exceptions and Exclusions (control number
0694-0137). BIS does not believe that this rule will materially
increase the number of submissions under these collections. Send
comments regarding this burden estimate or any other aspect of these
collections of information, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget, by email
at [email protected] or by fax to<PHONE_NUMBER> and to Steven
Clagett, BIS, at [email protected].
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring prior notice, the opportunity for public comment and a
delay in effective date are inapplicable

because this regulation involves a military or foreign affairs function
of the United States (See 5 U.S.C. 553(a)(1)). BIS, with the
concurrence of the U.S. Departments of Defense and State, and after
consultation with the Department of Energy, is implementing this rule
which identifies items to be controlled for nuclear nonproliferation
and anti-terrorism reasons. This action fulfills the United States'
commitment to implement controls agreed to and adopted by members
(including the United States) of the relevant multilateral regime (the
Nuclear Suppliers Group). These items were previously and temporarily
classified for regional stability reasons under the ECCN 0Y521 series,
indicating that the above-referenced agencies determined that the items
should be controlled for export because the items provide at least a
significant military or intelligence advantage to the United States or
for foreign policy reasons. This rule is necessary to effect the
nuclear nonproliferation and anti-terrorism foreign policy goals of the
United States, and therefore to ensure the security interests of the
United States. Implementation upon publication will allow BIS to
continue to prevent exports of these items to users and for uses that
pose a threat to the United States or its allies. If BIS delayed this
rule to allow for prior notice and opportunity for public comment, the
resulting delay in implementation, instead of immediate implementation
simultaneous with formal removal of the temporary 0Y521 ECCN from
supplement No. 5 to part 774, increases the opportunity for the export
of these items to users and uses that pose a proliferation threat,
thereby undermining the purpose of the initial rule and this subsequent
rule. This rule serves, appropriately, as notice to the public of the
longer-term control of the items mentioned.
    Further, BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3). Immediate implementation of
these changes, based upon a description agreed to by the U.S. and its
multilateral export control regime allies, will allow BIS to continue
to prevent exports of these items to users and for uses that pose
threats to the security interests to the United States or its allies
particularly in relation to nuclear nonproliferation and anti-
terrorism. If BIS delayed this rule to allow for a 30-day delay in
effectiveness, the resulting delay in implementation would afford an
opportunity for the export of these items to users and uses that pose
such threats, thereby undermining the purpose of the rule. In addition,
no comments were submitted in response to the preceding interim final
rule of August 8, 2016 (81 FR 52326). Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly, no regulatory flexibility
analysis is required and none has been prepared.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 15, 2017, 82 FR 39005 (August
16, 2017).

0
2. In supplement No. 1 to part 774, Category 1, add Export Control
Classification Number (ECCN) 1A231 between ECCNs 1A227 and 1A290 to
read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
1A231 Target assemblies and components for the production of tritium
as follows (See List of Items Controlled):

License Requirements

Reason for Control: NP, AT

                                                 Country chart (see
                Control(s)                    supplement No. 1 to part
                                                        738)

NP applies to entire entry................  NP Column 1
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

Related Controls: See ECCNs 1E001 (``production'') and 1E201
(``use'') for technology for items controlled by this entry.
Related Definitions: N/A
Items:
    a. Target assemblies made of or containing lithium enriched in
the lithium-6 isotope ``specially designed'' for the ``production''
of tritium through irradiation, including insertion in a nuclear
reactor;
    b. Components ``specially designed'' for the target assemblies
specified in item a.

    Technical Note to ECCN 1A231.b.: Components ``specially
designed'' for target assemblies for the ``production'' of tritium
may include lithium pellets, tritium getters, and specially-coated
cladding.

0
3. In supplement No. 1 to part 774, Category 1, Export Control
Classification Number (ECCN) 1E001 is revised to read as follows:

1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by 1A002,
1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008, 1A101, 1A231, 1B (except
1B608, 1B613 or 1B999), or 1C (except 1C355, 1C608, 1C980 to 1C984,
1C988, 1C990, 1C991, 1C995 to 1C999).

License Requirements

Reason for Control: NS, MT, NP, CB, RS, AT

                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)

NS applies to ``technology'' for items      NS Column 1
 controlled by 1A002, 1A003, 1A005,
 1A006.b, 1A007, 1B001 to 1B003, 1B018,
 1C001 to 1C011, or 1C018.
NS applies to ``technology'' for items      NS Column 2
 controlled by 1A004.
MT applies to ``technology'' for items      MT Column 1
 controlled by 1A101, 1B001, 1B101, 1B102,
 1B115 to 1B119, 1C001, 1C007, 1C011,
 1C101, 1C102, 1C107, 1C111, 1C116, 1C117,
 or 1C118 for MT reasons.
NP applies to ``technology'' for items      NP Column 1
 controlled by 1A002, 1A007, 1A231, 1B001,
 1B101, 1B201, 1B225, 1B226, 1B228 to
 1B234, 1C002, 1C010, 1C111, 1C116, 1C202,
 1C210, 1C216, 1C225 to 1C237, or 1C239 to
 1C241 for NP reasons.

CB applies to ``technology'' for items      CB Column 1
 controlled by 1C351, 1C353, or 1C354.
CB applies to ``technology'' for materials  CB Column 2
 controlled by 1C350 and for chemical
 detection systems and dedicated detectors
 therefor, in 1A004.c, that also have the
 technical characteristics described in
 2B351.a.
RS applies to technology for equipment      RS Column 2
 controlled in 1A004.d.
AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: Yes, except for the following:

    (1) Items controlled for MT reasons; or
    (2) Exports and reexports to destinations outside of those
countries listed in Country Group A:5 (See Supplement No. 1 to part
740 of the EAR) of ``technology'' for the ``development'' or
production'' of the following:
    (a) Items controlled by 1C001; or
    (b) Items controlled by 1A002.a which are composite structures
or laminates having an organic ``matrix'' and being made from
materials listed under 1C010.c or 1C010.d.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment and materials
specified by ECCNs 1A002, 1C001, 1C007.c or d, 1C010.c or d or 1C012
to any of the destinations listed in Country Group A:6 (See
Supplement No.1 to part 740 of the EAR).

List of Items Controlled

    Related Controls (1) Also see ECCNs 1E101, 1E201, and 1E202. (2)
See ECCN 1E608 for ``technology'' for items classified under ECCN
1B608 or 1C608 that, immediately prior to July 1, 2014, were
classified under ECCN 1B018.a or 1C018.b through .m (note that ECCN
1E001 controls ``development'' and ``production'' ``technology'' for
chlorine trifluoride controlled by ECCN 1C111.a.3.f--see ECCN 1E101
for controls on ``use'' ``technology'' for chlorine trifluoride).
(3) See ECCN 1E002.g for control libraries (parametric technical
databases) ``specially designed'' or modified to enable equipment to
perform the functions of equipment controlled under ECCN 1A004.c
(Nuclear, biological and chemical (NBC) detection systems) or ECCN
1A004.d (Equipment for detecting or identifying explosives
residues). (4) ``Technology'' for lithium isotope separation (see
related ECCN 1B233) and ``technology'' for items described in ECCN
1C012 are subject to the export licensing authority of the
Department of Energy (see 10 CFR part 810). (5) ``Technology'' for
items described in ECCN 1A102 is ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.

0
4. In supplement No. 1 to part 774, Category 1, Export Control
Classification Number (ECCN) 1E201 is revised to read as follows:

1E201 ``Technology'' according to the General Technology Note for
the ``use'' of items controlled by 1A002, 1A007, 1A202, 1A225 to
1A227, 1A231, 1B201, 1B225, 1B226, 1B228 to 1B232, 1B233.b, 1B234,
1C002.b.3 and b.4, 1C010.a, 1C010.b, 1C010.e.1, 1C202, 1C210, 1C216,
1C225 to 1C237, 1C239 to 1C241 or 1D201.

License Requirements

Reason for Control: NP, AT

                                              Country chart  (see supp.
                Control(s)                       No. 1 to part 738)

NP applies to entire entry, for items       NP Column 1
 controlled for NP reasons.
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.

Supplement No. 5 to Part 774 [Amended]

0
5. Amend supplement No. 5 to part 774 by removing and reserving entries
for item ``No. 1'' under the subheading ``0A521. Systems, Equipment and
Components.'', and for item ``No. 1'' under the subheading ``0E521.
Technology.''

    Dated: March 30, 2018.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2018-06985 Filed 4-4-18; 8:45 am]
 BILLING CODE 3510-33-P


Library National Wetlands Research Center Cr. S. Fish and Wildlife Service Biological Report 82 ( 11.44) April 1988 700 Cajundome Boulevard TR EL 82 4 Species Profiles: Life Histories and Environmental Requirements of Coastal Fishes and Invertebrates ( Pacific Southwest)

CALIFORNIA HALIBUT QI 15 . SC no 11 2 5 53 82 144 Fish and Wildlife Service Coastal Ecology Group WatefWavS ExDeriment Station U. S. Department of the Interior U. S. Army Corps of Engineer8 Biological Report 82l11.44) TR EL 82 4 April 1986 Species Profiles: Life Histories and Environmental Requirements of Coastal Fishes and Invertebrates ( Pacific Southwest)

CALIFORNIA HALIBUT Stephen T. Kucas and Thomas J. Hassler California Cooperative Fishery Research Unit Humboldt State University Arcata, CA 95521 Project Officer John Parsons National Coastal Ecosystems Team U. S. Fish and Wildlife Service 1010 Gause Boulevard Slidell, LA 70458 Performed For Coastal Ecology Group Waterways Experiment Station U. S. Army Corps of Engineers Vicksburg, MS 39180 and National Coastal Ecosystems Team Division of Biological Services Research and Development Fish and Wildlife Service U. S. Department of the Interior Washington, DC 20240 This series should be referenced as follows:

U. S. Fish and Wildlife Service. 1983 19_. Species profiles: life histories and environmental requirements of coastal fishes and invertebrates. U. S. Fish Wildl. Serv. Biol. Rep. 82( 11). U. S. Army Corps of Engineers, TR EL 82 4.

This profile should be cited as follows:

Kucas, S. T., and T. J. Hassler. 1986. Species profiles: life histories and environmental requirements of coastal fishes and invertebrates ( Pacific Southwest) California halibut. U. S. Fish Wildl. Serv. Mol. Rep. 82t11.44). U. S. Army Corps of Engineers, TR EL 82 4. 8 pp. PREFACE This species profile is one of a series on coastal aquatic organisms, principally fish, of sport, commercial, or ecological importance. The profiles are designed to provide coastal managers, engineers, and biologists with a brief comprehensive sketch of the biological characteristics and environmental requirements of the species and to describe how populations of the species may be expected to react to environmental changes caused by coastal development. Each profile has sections on taxonomy, life history, ecological role, environmental requirements, and economic importance, if applicable. A three ring binder is used for this series so that new profiles can be added as they are prepared. This project is jointly planned and financed by the U. S. Army Corps of Engineers and the U. S. Fish and Wildlife Service.

Suggestions or questions regarding this report should be directed to one of the following addresses.

Information Transfer Specialist National Coastal Ecosystems Team U. S. Fish and Wildlife Service NASA Slide11 Computer Complex 1010 Gause Boulevard Slidell, LA 70458 or U. S. Army Engineer Waterways Experiment Station Attention: WESER C Post Office Box 631 Vicksburg, MS 39180 . . . 111 Multiply millimeters ( mn) centimeters ( cm) meters ( m) kilometers ( km)

square meters ( m2) square kilometers ( km2) hectares ( ha)

liters ( 1) cubic meters ( m3) cubic meters milligrams ( mg) grams ( 9) kilograms ( k 9 ) metric tons t) metric tons kilocalories ( kcal)

Celsius degrees inches inches EiOP miles ( mi) nautical miles ( rmi) 25.40 millimeters 2.54 centimeters 0.3048 meters 1.829 meters 1.609 kilometers 1.852 kilometers square feet ( ft2) acres square miles ( mi2) 0.0929 square meters 0.4047 hectares 2.590 square kilometers gallons ( gal) 3.785 cubic feet ( ft3) 0.02831 acre feet 1233.0 ounces ( 02) pounds ( lb). _ 28.35 0.4536 short tons ( ton) 0.9072 ._ . British thermal units ( Mu) 0.2520 Fahrenheit degrees 0.5556(" F iV CONVERSION TABLE Metric to U. S. Customary ! Y To Obtain 0.03937 inches 0.3937 inches 3.281 feet 0.6214 miles 10.76 square feet 0.3861 square miles 2.471 acres 0.2642 gallons 35.31 cubic feet 0.0008110 acre feet 0.00003527 ounces 0.03527 ounces 2.205 pounds 2205.0 pounds 1.102. short tons 3.968 British thermal units 1.8( Y) + 32 Fahrenheit degrees U. S. Customary to Metric liters cubic meters cubic meters 32) grams kilograms metric tons kilocalories Celsius degrees CONTENTS Paqe PREFACE ..................................................................... CONVERSION TABLE ............................................................ ACKNOWLEDGMENTS .............................................................

NOMENCLATURE/ TAXONOMY/ RANGE ................................................. MORPHOLOGY/ IDENTIFICATION AIDS .............................................. REASON FOR INCLUSION IN SERIES .............................................. LIFE HISTORY ................................................................ Spawninq .................................................................. Larval Staqe .............................................................. Juveniles ................................................................. Maturity and Life Span .................................................... GROWTH CHARACTERISTICS ...................................................... COMMERCIAL AND SPORT FISHERIES .............................................. ECOLOGICAL ROLE ............................................................. ENVIRONMENTAL REQUIREMENTS .................................................. Temperature ............................................................... Depth ..................................................................... Substrate ................................................................. Other Environmental Factors ...............................................

LITERATURE CITED ............................................................ iii iv vi :

13 3"

33344 ;

25 7 V ACKNOWLEDGMENTS We are grateful for the reviews by Peter L. Haaker and Roger N. Lea, California Department of Fish and Game. David Moran served as assistant project officer at NCET.

vi Figure 1. California halibut.

CALIFORNIA HALIBUT NOMENCLATURE/ TAXONOMY/ RANGE Scientific name . . . . . . . .. Paralichthys californicus ( Ayres) Preferred common name . . . .. California halibut ( Figure 1) Class . . . . . . . . . . . . . . . . . .. Osteichthyes Order . . . . . . . . . . . . .. Pleuronectiformes Family........................ Bothidae Geographic range: Gulf of California ( isolated population), and from Magdalena Bay, California, to Quillayute River, Washington ( Miller and Lea 1972; Figure 2). Most occur below San Francisco Bay ( Haaker 1975).

MORPHOLOGY/ IDENTIFICATION AIDS'

Fin rays  dorsal 66 76, anal 49 59, pectoral 10 13; lateral line 1 Largely extracted from Miller and Lea ( 1972). scales about 100; gill rakers 7 11 + 18 23; vertebrae 34 36; eyes sinistral or dextral. Body elliptical, slender; head small; mouth large, maxillary extending to or beyond rear edge of lower eye; teeth strong and sharp on both sides of head; eyes small; interorbital space wide, flat; lateral line with hiqh arch over pectoral fin; scales small, smooth; caudal fin indented.

Color in life: eyed side grayish or greenish brown, sometimes mottled with lighter and darker shades; small white spots; and blind side white to cream. Young fish with bluish white spots ( Bane and Bane 1971); partial pigmentation has been reported on the eyed side ( Haaker and Lane 1973).

REASON FOR INCLUSION IN SERIES The California halibut commonly lives in bays and estuaries along the 1 Quillayute River NORTHWEST 4o"

SOUTHWEST 130' BRITISH COLUMBIA 3 f _

WASHINGTON L_, __

OREGON _

L CALIFORNIA Figure 2. Coastal distribution of the California halibut.

2 central and southern California coast ( Haaker 1975), and supports a small but valuable sport and commercial fishery. A sharp reduction in il California halibut landings from California in the late 1920' s and 4 declining landings in recent years have prompted scientists to determine the cause. To date little is known about its biology and life history.

LIFE HISTORY Spawninq The major spawning areas for the California halibut are unknown. In spring, halibut emigrate from relatively deep offshore waters to shallow coastal waters ( Clark 1930a, 1930b) to spawn at depths of 5 to 18 m ( Young 1960). California halibut spawn from February through July, peaking in May ( Ginsberg 1952). The eggs are demersal. After spawning the adults return to water about 40 to 100 m deep ( Ginsberg 1952).

Larval Stas The larval and postlarval stages of the California halibut are pelagic for several months before the postlarvae settle to the bottom ( Winzler and Kelly Consulting Engineers 1977). In southern California, the planktonic larval stages, about 10 mn standard length ( SL), are pelagic and live in water 12 to 45 m deep and 1.9 to 5.4 km out from shore. Larger and older larvae live closer to shore, and most are suspected to live in embayments ( Plummer et al. 1983).

Juveniles Juveniles begin to settle and assume bottom dwelling habits in June ( Frey 1971); they remain in shallow water and do not move extensively ( Frey 1971; Haaker 1975). Juvenile halibut begin to emigrate to deeper 3 water when they are about 200 mm total length ( TL) ( Frey 1971).

Maturity and Life Span Most halibut females are sexually mature at 430 mm TL or at the end of their third year of life ( Frey 1971). Most males mature when about 230 mm TL long or at the end of their second year of life.

Halibut are lived. generally long Both males and females may live as long as 30 years, though generally the males do not qrow as large or live as long as the ` females ( Frey 1971). Halibut are about 1,080 mm TL long when they are 12 years old.

GROWTH CHARACTERISTICS The age and rate of growth of halibut from California commercial landings were reported by Frey ( 1971). Table 1 sumnarizes this information.

The growth rate of female halibut in their ` first and second years of life ( Haaker 1975) was s ower Table 1. Age and growth ( mid lengths) of female halibut California commercial landings ( Frey 1971). year from from Year Mid year length Weight ( n TL) ( kg)

1 :

45 ; 12 178 0.057 318 0.340 439 0.907 553 1.758 648 2.835 813 5.783 940 9.072 1054 10.745 in Anaheim Bay, California, than that reported by Frey ( 1971) from California commercial landings. In their third year, growth of females from Anaheim Bay was greater than that reported from California landings. Data were not available for other age groups.

COMMERCIAL AND SPORT FISHERIES The California halibut supports a small but lucrative sport and commercial fishery. The demand for the species is high, but its abundance and availability are relatively low.

Records of the commercial catches of California halibut from 1916 to 1947 were summarized by Holmberg ( 1949). Frey ( 1971) summarized the California landings data to 1969. Commercial landings data of California halibut from 1939 to 1984 are presented in Figure 3.

800 OFF CALIFORNIA 700    OREGON. WASHINGTON AND MEXICAN WATERS 600 100 0 1939 1948 ,957 1966 1975 1985 YEAR Figure 3. Commercial landings of California halibut from 1939 to 1984 ( data from U. S. National Marine Fisheries Service 1942 1984 and California Department of Fish and Game preliminary monthly landings data 1978 1984). The commercial catch of the California halibut for California, Washington, Oregon , and Mexican waters declined from 2,131 t in 1919 to 330 t in 1941 ( Holmberg 1949). From 1941 to 1969 the average annual catch was 419 t. Large catches in 1946 and 1947, 1,134 t and 811 t respectively, may be attributed to reduced fishing during World War II, which allowed the halibut stocks to build up ( Frey 1971). After 10 years ( 1947 1956) of unusually cold water along the California coast, the commercial catch increased from 161 t in 1959 to 578 t in 1964. The catch then declined to 117 t in 1970, the lowest catch on record.

From 1971 to 1983 the catch of California halibut averaged 271 t ( range: 123 t to 563 t). The value of the commercial landings of California halibut in 1977 was estimated at $ 460,000 ( U. S. National Marine Fisheries Service 1942 1984). More recent estimates have not been published.

ECOLOGICAL ROLE The larvae and young juveniles of the California halibut are planktivorous, but as they grow to adulthood they become piscivorous ( Haaker 1975; Plummer et al. 1983). Halibut 230 mm TL long or longer feed heavily on fish ( primarily during daylight) and, to a lesser extent, on shrimp ( Haaker 1975).

Juvenile and adult California halibut are especially adapted for catching and digesting fish because they are equipped with long heavily toothed gill rakers that aid in holding and swallowing, an intestine with a simple loop, and a brain with large optic lobes ( Haaker 1975). This raptorial predator has sharp canine like teeth and a large mouth.

Haaker ( 1975) found that the stomachs of halibut 12 to 510 mm long contained 65% fish, 34% crustaceans,

4 and 1% mollusks, though the diet of these fish changed as the fish grew. For example, halibut less than 55 mm long ate mostly small fish ( gobies) and small crustaceans such amphipods, copepods and mysids. Fifi from 55 to 230 m ate larger crustaceans and fishes. Larger halibut ate larger prey ( Plummer et al. 1983). The northern anchovy, Engraulis mordax, is probably the most important prey of the California halibut ( Frey 1971).

ENVIRONMENTAL REQUIREMENTS Temperature Laboratory behavioral studies indicated that California halibut in age groups 0 and I are eurythermal, whereas individuals in age group II and older tended to be stenothermal ( Innis 1980). Adult halibut placed in a water temperature gradient chamber preierred wa& er temperatures between 15 C and 23 C ( Innis 1980).

Depth California halibut about 100 mn long ( SL) were largely absent from nearshore coastal waters 6 to 30 m deep off northern San Diego County and occurred primarily in embayments ( Plummer et al. 1983). Age I+ fish ( 15 25 cm SL) and II+ ( 30 45 cm SL) and older fish ( Haaker 1975; Innis 1980) segregate by depth, with older juveniles and young adults occurring deeper than younger juveniles. Adults prefer deeper water ( Haaker 1975; Innis 1980). The California halibut inhabits offshore waters as deep as 100 m ( Miller and Lea 1972), but most are caught commercially on the bottom at water depths of 6 to 40 m ( Ginsberg 1952).

Substrate Adult California halibut occur over sandy bottoms from the surf zone to 100 m ( Jones and Stokes, Inc. 1981).

Other Environmental Factors Shallow bays and estuaries may be critical habitat for the survival and growth of larvae and young juveniles, and the shallow waters of the open coast almost surely serve as nursery grounds for California halibut ( Plummer et al. 1983; Haaker 1975). Consequently, major alterations of bays and estuaries along the coast of California could be harmful to halibut habitat and reduce the abundance of halibut. LITERATURE CITED Bane, G. W. and A. W. Bane. 1971. Bay fishes of Northern California. Mariscos Publication, Southampton, N. Y. 143 pp.

Clark, G. H. 1930a. The California halibut ( Paralichthys californicus) and an analysis of the boat catches. ep. Fish Game Fish Bull. Calif. Dc 32: 1 52.

Clark, G. H. 1930b. California ha1 but. Cal if. Fish Game 16: 315 317.

Frey, H. W., _. . ed. 1971. California ` 5 lliving marine resources and their utilization. California Department Fish Game, Sacramento. 148 pp.

Ginsberg, I. 1952. Flounders of the genus Paralichthys and related genera in American waters. U. S. Fish Wildl. Serv. Fish. Bull. 71: 267 351.

Haaker, P. L. 1975. The bioloqv of the California halibut, Paralichthys Californicus ( Ayres), in Anaheim Bay, California. Pages 137 151 in E. D. Lane and C. W. Hills. eds. Tl% marine resources of Anaheim Bay. Calif. Dep. Fish Game Fish. Bull. 165.

Haaker, P. L., and E. D. Lane. 1973. Frequencies of anomalies in a bothid, Paralichthys californicus, and a pleuronectid, guttulata, flatfish. 22 25.

Holmberg, E. K. 1949. California halibut the commercial fish catch of California for the year 1947 with an historical review 1916 1947. Cal if. Fish Game Fish. Bull. 74: 75 77.

Innis, D. B. 1980. Growth characteristics and temperature preference behavior of juvenile California halibut, Paralichthys californicus, and their relationship to the effects of thermal effluent. Master's Thesis. San Diego State University, Calif. 110 pp.

Jones and Stokes, Inc. 1981. An eco! ogical characterization of the central and northern California coastal region. U. S. Fish Wildl. Serv. FWS/ OBS 80/ 47.1, Vol. III Part I.

Miller, D. J., and R. N. Lea. 1972. Guide to the coastal marine fishes of California. Calif. Dep. Fish Game Fish. Bull. 157. 249 pp.

Plumner, K. M., E. E. DeMartini, and D. A. Roberts. 1983. The feeding habits and distribution of juvenilesmall adult California halibut ( Paralichthys californicus) ' coastal waters 0ffrn SZ Diego County, Calif. Coop. Oceanic Fish. Invest. Rep. 24: 194 201.

U. S. National Marine Fisheries Service. 1942 1984. Fishery Statistics of the United States 1939 1977, Statistical Digests Numbers 1 through 71.

Winzler and Kelly. 1977. A summary of knowledge of the central and northern California coastal zone and 7 offshore areas. Volume 2 ( Chapters nia. 337 pp. 5 61, Biological Conditions. Prepared for U. S. Bureau of Land Young, P. H. 1960. California ocean Management. Winzler and Kelly Con fisheries resources to the year sulting Engineers. Eureka, Califor 1960. Calif. Fish Game Comm. 148 pp.

. Species Droiiles :

esr wch Library ,_ J. S. Department of the Inter+! Tational Biological Survey 9uthern Science Center ` 10 Cajundome Boulevard * Headquarters. Divismn of Ebotog~ cal Services. Washmgton. DC x Eastern Energy and Land " se Team Leetown. WV l   National Coastal Ecosystems seam Slidell, LA . Western Energy and Land " se Team Ft Collms. CO * LOCatIonS Of Regmnal Offices REGION 1 Regional Director U. S. Fish and Wildlife Service Lloyd Five Hundred Building, Suite 1692 500 N. E. Multnomah Street Portland, Oregon 97232 REGION 2 Regional Director U. S. Fish and Wildlife Service P. O. Box 1306 Albuquerque, New Mexico 87 103 REGION 3 Regional Director U. S. Fish and Wildlife Service Federal Building, Fort Snelling Twin Cities, Minnesota 55 I I I REGION 4 Regional Director U. S. Fish and Wildlife Service Richard B. Russell Building 75 Spring Street, SW. Atlanta, Georgia 30303 REGION 5 Regional Director U. S. Fish and Wildlife Service One Gateway Center Newton Corner, Massachusetts 02 I58 REGION 6 Regional Director U. S. Fish and Wildlife Service P. O. Box 25486 Denver Federal Center Denver, Colorado 80225 REGION 7 Regional Director U. S. Fish and Wildlife Servrce IO1 I E. Tudor Road Anchorage, Alaska 99SO3 DEPARTMElT OF THE INTERIOR U. S. FISH AtID WllDLlR SLRVICE As the Nation's principal conservation agency, the Department of the Interior has responsibility for most of our nationally owned public lands and natural resources. This includes fostering the wisest use of our land and water resources, protecting our fish and wildlife, preserving thoenvironmental and cultural values of our national parks and historical places, and providing for the enjoyment of life through outdoor recreation. The Department assesses our energy and mineral resources and works to assure that their development is in the bast interests of all our people. The Department also has a major responsibility for American Indian reservation communities and for people who live in island territories under U. S. administration.