1738 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 

§ 31.3504–1 Designation of Agent by 

Application. 

(a) In general. In the event wages as 

defined in chapter 21 or 24 of the 

Internal Revenue Code of 1986, or 

compensation as defined in chapter 22 

of the Code, of an employee or group of 

employees, employed by one or more 

employers, is paid by a fiduciary, agent, 

or other person (‘‘agent’’), or if that agent 

has the control, receipt, custody, or 

disposal of those wages, or 

compensation, the Internal Revenue 

Service may, subject to the terms and 

conditions as it deems proper, authorize 

that agent to perform the acts required 

of the employer or employers under 

those provisions of the Code and the 

regulations which have application, for 

purposes of the taxes imposed by the 

chapter or chapters, in respect of the 

wages or compensation. If the agent is 

authorized by the Internal Revenue 

Service to perform such acts, all 

provisions of law (including penalties) 

and of the regulations applicable to an 

employer shall be applicable to the 

agent. However, each employer for 

whom the agent acts shall remain 

subject to all provisions of law 

(including penalties) and of the 

regulations applicable to an employer. 

Any application to authorize an agent to 

perform such acts, signed by the agent 

and the employer, shall be made on the 

form prescribed by the Internal Revenue 

Service and shall be filed with the 

Internal Revenue Service as prescribed 

in the instructions to the form and other 

applicable guidance. 

(b) Special rule for home care service 

recipients. (1) In general. In the event a 

fiduciary, agent, or other person 

(‘‘agent’’) is authorized pursuant to 

paragraph (a) of this section to perform 

the acts required of an employer under 

chapters 21 or 24 on behalf of one or 

more home care service recipients, as 

defined in paragraph (b)(3) of this 

section, the Internal Revenue Service 

may authorize that agent to perform the 

acts as are required of employers for 

purposes of the tax imposed by chapter 

23 of the Internal Revenue Code of 1986 

with respect to wages paid for home 

care services, as defined in paragraph 

(b)(2) of this section, rendered to the 

home care service recipient. Each home 

care service recipient for whom the 

agent performs the acts of an employer 

and each agent authorized under this 

section to perform the acts of an 

employer shall remain subject to all 

provisions of law (including penalties) 

and of the regulations applicable to an 

employer with respect to those wages 

paid. 

(2) Home care services. For purposes 

of this section, the term home care 

services includes health care and 

personal attendant care services 

rendered in the home care service 

recipient’s home or local community. 

(3) Home care service recipient. For 

purposes of this section, the term home 

care service recipient means any 

individual who receives home care 

services, as defined in paragraph (b)(2) 

of this section, while enrolled, and for 

the remainder of the calendar year after 

ceasing to be enrolled, in a program 

administered by a Federal, state, or local 

government agency that provides 

Federal, state, or local government 

funds, to pay, in whole or in part, for 

the home care services for that 

individual. 

(c) Effective and applicability dates. 

An authorization under paragraph (a) of 

this section in effect prior to the date of 

publication of a Treasury decision 

adopting these rules as final regulations 

in the Federal Register continues to be 

in effect after that date. Paragraph (b) of 

this section applies to wages paid on or 

after January 1 of the calendar year 

following the date of publication of a 

Treasury decision adopting these rules 

as final regulations in the Federal 

Register. However, pursuant to section 

7805(b), taxpayers may rely on 

paragraph (b) of this section for all 

taxable years for which a valid 

designation is in effect under paragraph 

(a) of this section. 

Linda M. Kroening, 

Acting Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2010–415 Filed 1–12–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–1021] 

RIN 1625–AA09 

Drawbridge Operation Regulation; New 

Haven Harbor, Quinnipiac and Mill 

Rivers, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the regulation governing the 

operation of three bridges across the 

Quinnipiac and Mill Rivers at New 

Haven, Connecticut, to relieve the 

bridge owner from the burden of 

crewing the bridges during time periods 

when the bridges seldom receive 

requests to open while still providing 

for the reasonable needs of navigation. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 12, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–1021 using any one of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Judy Leung-Yee, 

Project Officer, U.S. Coast Guard; 

telephone 212–668–7165, e-mail 

judy.k.leung-yee@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–1021), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 


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considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2009–1021’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

1021’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit either the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why one would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The Ferry Street Bridge at mile 0.7, 

across the Quinnipiac River has a 

vertical clearance in the closed position 

of 25 feet at mean high water and 31 feet 

at mean low water. 

The Grand Avenue Bridge at mile 1.3, 

across the Quinnipiac River has a 

vertical clearance in the closed position 

of 9 feet at mean high water and 15 feet 

at mean low water. 

The Chapel Street Bridge at mile 0.4, 

across the Mill River has a vertical 

clearance of 7 feet at mean high water 

and 13 feet at mean low water. The 

existing drawbridge operation 

regulations are listed at 33 CFR 117.213. 

The City of New Haven, the owner of 

the bridges, requested a change to the 

drawbridge operation regulations for the 

Ferry Street Bridge across Quinnipiac 

River at mile 0.7, the Grand Avenue 

Bridge across the Quinnipiac River at 

mile 1.3, and the Chapel Street Bridge 

at mile 0.4, across the Mill River, all at 

New Haven, Connecticut. 

During the past four years the Ferry 

Street Bridge has undergone a major 

rehabilitation. During the rehabilitation 

project the movable spans were 

removed or left in the open position at 

various times allowing navigation to 

pass at all times. 

Now that the Ferry Street Bridge is 

fully operational again, the bridge 

owner would like to change the 

drawbridge operation schedule for all its 

bridges, the Ferry Street Bridge, the 

Grand Avenue Bridge and the Chapel 

Street Bridge, to help reduce the burden 

of crewing these bridges during time 

periods when there have been few 

requests to open the bridges. 

The waterway users are seasonal 

recreational craft, commercial fishing, 

and construction vessels. 

The existing drawbridge operation 

regulation listed at 33 CFR 117.213, 

authorizes a roving crew concept that 

requires the draw of the Ferry Street 

Bridge to open on signal from October 

1 through April 30, between 9 p.m. and 

5 a.m. unless the draw tender is at the 

Grand Ave or Chapel Street bridges, in 

which case, a delay of up to one hour 

in opening is permitted. 

The bridge owner would like to 

extend the above roving crew concept to 

be in effect year round. 

As a result, the Coast Guard 

implemented a temporary test deviation 

(74 FR 27249) on June 9, 2009, to test 

the proposed changes to the drawbridge 

operation schedule in order to help us 

determine whether a permanent change 

to the schedule would satisfactorily 

accomplish the bridge owners goal and 

also continue to meet the reasonable 

needs of navigation. 

The test period was in effect from 

May 1, 2009 through October 26, 2009. 

Satisfactory results were received from 

the test insofar as there were no adverse 

impacts to navigation. In addition, we 

received no objection to the operation 

schedule during or after the test period 

ended. As a result of the successful test, 

we are proposing to permanently change 

the drawbridge regulations for the three 

bridges. 

The operation regulation schedule for 

the Tomlinson Bridge, which is owned 

by the Connecticut Department of 

Transportation, will not be changed by 

this action and will continue to operate 

as listed in the existing regulation. 

Discussion of Proposed Rule 

Under this proposed rule the Ferry 

Street Bridge, the Grand Avenue Bridge, 

and the Chapel Street Bridge would 

operate as follows: 

The Ferry Street Bridge across 

Quinnipiac River at mile 0.7, would 

open on signal for all marine traffic; 

except that, from 7:30 a.m. to 8:30 a.m. 

and 4:45 p.m. to 5:45 p.m., weekdays 

except Federal holidays, the draw need 

not be opened for the passage of vessel 

traffic. From 9 p.m. to 5 a.m., the draw 

would open on signal if at least a one 

hour advance notice is given to the draw 

tender at the Chapel Street Bridge by 

calling (203) 946–7618. 

The Grand Avenue Bridge across 

Quinnipiac River at mile 1.3, would 

open on signal for all marine traffic; 

except that, from 7:30 a.m. to 8:30 a.m. 

and 4:45 p.m. to 5:45 p.m., weekdays 

except Federal holidays, the draw need 

not be opened for the passage of vessel 

traffic. From 9 p.m. to 5 a.m. the draw 

would open on signal if at least a one 

hour advance notice is given to the draw 

tender at the Chapel Street Bridge by 

calling (203) 946–7618. 

The Chapel Street Bridge across the 

Mill River at mile 0.4, would open on 

signal for all marine traffic; except that, 

from 7:30 a.m. to 8:30 a.m. and 4:45 

p.m. to 5:45 p.m., weekdays except 

Federal holidays, the draw need not be 

opened for the passage of vessel traffic. 

From 9 p.m. to 5 a.m. the draw would 

open on signal if at least a one hour 


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1740 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Proposed Rules 

advance notice is given to the draw 

tender by calling (203) 946–7618. 

Under the existing regulation all the 

above bridges are allowed to remain 

closed from noon to 12:15 and from 

12:45 to 1 p.m. in addition to the 

morning and afternoon rush hour time 

periods. The noon time closure periods, 

noon to 12:15 and 12:25 to 1 p.m., will 

be removed from all the above bridges, 

except the Tomlinson Bridge. 

The Coast Guard is also removing 

obsolete language from the regulation as 

part of this action. Paragraphs (4)(b) 

through (4)(f) shall be removed because 

they are now listed under Subpart A— 

General Requirements, § 117.31 and 

§ 117.15, and are redundant as a result. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. This 

conclusion is based upon the fact that 

we tested the above drawbridge 

operation schedule and found that it 

met the reasonable needs of navigation. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This action will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. A test period was 

in effect from May 1, 2009 through 

October 26, 2009. Satisfactory results 

were received from the test insofar as 

there were no adverse impacts to 

navigation. In addition, we received no 

objection to the operation schedule 

during or after the test period ended and 

found that the operation schedule met 

the reasonable needs of navigation. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Commander 

(dpb), First Coast Guard District, Bridge 

Branch, One South Street, New York, 

NY 10004. The telephone number is 

(212) 668–7165. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule will not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

Tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 


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standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01, 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Revise § 117.213 to read as follows: 

§ 117.213 New Haven Harbor, Quinnipiac 

and Mill Rivers. 

The draws of the Tomlinson Bridge, 

mile 0.0, the Ferry Street Bridge, mile 

0.7, and the Grand Avenue Bridge, mile 

1.3, across the Quinnipiac River, and 

the Chapel Street Bridge, mile 0.4, 

across the Mill River, shall operate as 

follows: 

(a) The draw of the Tomlinson Bridge 

at mile 0.0, across the Quinnipiac River 

shall open on signal; except that, from 

7:30 a.m. to 8:30 a.m., noon to 12:15 

p.m., 12:45 p.m. to 1 p.m., and 4:45 p.m. 

to 5:45 p.m., Monday through Friday, 

except Federal holidays, the draw need 

not open for the passage of vessel traffic. 

(b) The draw of the Ferry Street 

Bridge at mile 0.7, across Quinnipiac 

River, shall open on signal; except that, 

from 7:30 a.m. to 8:30 a.m. and 4:45 

p.m. to 5:45 p.m., Monday through 

Friday, except Federal holidays, the 

draws need not open for the passage of 

vessel traffic. From 9 p.m. to 5 a.m. the 

draw shall open on signal if at least a 

one-hour advance notice is given by 

calling the number posted at the bridge. 

(c) The draw of the Grand Avenue 

Bridge at mile 1.3, across the 

Quinnipiac River shall open on signal; 

except that, from 7:30 a.m. to 8:30 a.m. 

and 4:45 p.m. to 5:45 p.m., Monday 

through Friday, except Federal holidays, 

the draw need not open for the passage 

of vessel traffic. From 9 p.m. to 5 a.m. 

the draw shall open on signal if at least 

a one-hour advance notice is given by 

calling the number posted at the bridge. 

(d) The draw of the Chapel Street 

Bridge at mile 0.4, across the Mill River 

shall open on signal; except that, from 

7:30 a.m. to 8:30 a.m. and 4:45 p.m. to 

5:45 p.m., Monday through Friday, 

except Federal holidays, the draw need 

not open for the passage of vessel traffic. 

From 9 p.m. to 5 a.m. the draw shall 

open on signal after at least a one-hour 

advance notice is given by calling the 

number posted at the bridge. 

Dated: December 28, 2009. 

Joseph L. Nimmich, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2010–435 Filed 1–12–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS-R2-ES-2009-0091; 

BFY2009-92210-1117-0000-B2] 

Endangered and Threatened Wildlife 

and Plants; Determination That 

Designation of Critical Habitat is 

Prudent for the Jaguar 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of determination. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), under the 

Endangered Species Act of 1973, as 

amended (Act), have reconsidered our 

prudency determination concerning the 

designation of critical habitat for the 

jaguar (Panthera onca) and now find 

that designation of critical habitat is 

prudent. We are preparing a proposed 

designation of critical habitat for the 

jaguar in accordance with the Act this 

fiscal year and anticipate we will 

publish a proposed designation in 

January 2011. 

DATES: To be considered in the 

proposed critical habitat designation, 

comments and information should be 

submitted to us by March 15, 2010. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Keyword 

box, enter Docket No. [FWS-R2-ES2009-0091], which is the docket number 

for this rulemaking. Then, in the Search 

panel on the left side of the screen, 

under the Document Type heading, 

click on the Proposed Rules link to 

locate this document. You may submit 

a comment by clicking on ‘‘Send a 

Comment or Submission.’’ 

•By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS-R2-ES-2009- 

0091; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, Suite 

222; Arlington, VA 22203. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comment Procedures and Public 

Availability of Comments under 

SUPPLEMENTARY INFORMATION for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Steve Spangle, Field Supervisor, 

Arizona Ecological Services Office, 2321 

West Royal Palm Road, Suite 103, 

Phoenix, AZ 85021-4951; telephone 

(602) 242-0210; facsimile (602) 242- 

2513. If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The jaguar, a large member of the cat 

family (Felidae), is an endangered 

species that currently occurs from 

southern Arizona and New Mexico to 

southern South America. Jaguars in the 

United States are part of a population, 

or populations, that occur in Mexico. 

Below we present a summary of relevant 

information we used in making our 

determination that designating critical 

habitat in the United States for the 

jaguar is prudent. For more information 

regarding all aspects of the jaguar, refer 

to documents posted on our jaguar 

webpage (http://www.fws.gov/ 

southwest/es/arizona/Jaguar.htm), and 

Jaguar Conservation Team documents 

and notes (www.azgfd.gov/w_c/es/ 


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