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employees. 15 U.S.C. 632. This themselves with the Commission’s ex draft environmental assessment, and the proceeding pertains to the BOCs, which, parte rules. amended required determinations because they would not be deemed a section. Comments previously Ordering Clauses ‘‘small business concern’’ under the submitted need not be resubmitted, as Small Business Act and have more than 21. It is ordered that, pursuant to §§ 1, they will be fully considered in 1,500 employees, do not qualify as small 2, 4, 11, 201–205, 251, 272, 274–276, preparation of the final rule. In addition, entities under the RFA. Therefore, we and 303(r) of the Communications Act we announce a public informational certify that the proposals in this Further of 1934, as amended, 47 U.S.C. 151, 152, session and public hearing on the Notice, if adopted, will not have a 154, 161, 201–205, 251, 272, 274–276, revised proposed designation of critical significant economic impact on a and 303(r) this Further Notice of habitat for the jaguar. substantial number of small entities. Proposed Rulemaking in CC Docket Nos. DATES: Written comments: The comment 19. The Commission will send a copy 95–20 and 98–10 is adopted. period for the proposed rule published of the Notice, including a copy of this 22. It is further ordered that the August 20, 2012 (77 FR 50214), is Initial Regulatory Flexibility Commission’s Consumer and reopened. We will consider comments Certification, to the Chief Counsel for Governmental Affairs Bureau, Reference received or postmarked on or before Advocacy of the SBA. This initial Information Center, shall send a copy of August 9, 2013. Comments submitted certification will also be published in this Further Notice of Proposed electronically using the Federal the Federal Register. Rulemaking in CC Docket Nos. 95–20 eRulemaking Portal (see ADDRESSES) and 98–10, including the Initial Ex Parte Presentations must be received by 11:59 p.m. Eastern Regulatory Flexibility Certification, to 20. This proceeding shall be treated as Time on the closing date. the Chief Counsel for Advocacy of the Public informational session and a ‘‘permit-but-disclose’’ proceeding in Small Business Administration. accordance with the Commission’s ex public hearing: We will hold a public Federal Communications Commission. parte rules. Persons making ex parte informational session and public presentations must file a copy of any Sheryl Todd, hearing on this proposed rule on July written presentation or a memorandum Deputy Secretary. 30, 2013, at Buena High School summarizing any oral presentation [FR Doc. 2013–15643 Filed 6–28–13; 8:45 am] Performing Arts Center, 5225 Buena within two business days after the BILLING CODE 6712–01–P School Blvd., Sierra Vista, presentation (unless a different deadline 85615. There will be an informational applicable to the Sunshine period meeting from 3:30–5:00 p.m., and the applies). Persons making oral ex parte DEPARTMENT OF THE INTERIOR public hearing will occur from 6:30– presentations are reminded that 8:30 p.m. at the same location. memoranda summarizing the Fish and Wildlife Service ADDRESSES: presentation must (1) list all persons Document availability: You may attending or otherwise participating in 50 CFR Part 17 obtain copies of the proposed rule, draft economic analysis, and draft the meeting at which the ex parte [Docket No. FWS–R2–ES–2012–0042; presentation was made, and (2) 4500030114] environmental assessment on the summarize all data presented and Internet at http://www.regulations.gov at arguments made during the RIN 1018–AX13 Docket No. FWS–R2–ES–2012–0042 or presentation. If the presentation by mail from the Arizona Ecological Endangered and Threatened Wildlife consisted in whole or in part of the Services Fish and Wildlife Office (see and Plants; Designation of Critical presentation of data or arguments FOR FURTHER INFORMATION CONTACT). Habitat for the Jaguar already reflected in the presenter’s Written comments: You may submit written comments, memoranda or other AGENCY: Fish and Wildlife Service, written comments by one of the filings in the proceeding, the presenter Interior. following methods, or at the public may provide citations to such data or ACTION: Revised proposed rule; hearing: arguments in his or her prior comments, reopening of comment period. (1) Electronically: Go to the Federal memoranda, or other filings (specifying eRulemaking Portal: http:// the relevant page and/or paragraph SUMMARY: We, the U.S. Fish and www.regulations.gov. Submit comments numbers where such data or arguments Wildlife Service (Service), announce the by searching for Docket No. FWS–R2– can be found) in lieu of summarizing reopening of the public comment period ES–2012–0042, which is the docket them in the memorandum. Documents on the August 20, 2012, proposed number for this rulemaking. shown or given to Commission staff designation of critical habitat for the (2) By hard copy: Submit comments during ex parte meetings are deemed to jaguar (Panthera onca) under the by U.S. mail or hand-delivery to: Public be written ex parte presentations and Endangered Species Act of 1973, as Comments Processing, Attn: FWS–R2– must be filed consistent with amended (Act), and we announce ES–2012–0042; Division of Policy and § 1.1206(b). In proceedings governed by revisions to our proposed designation of Directives Management; U.S. Fish and § 1.49(f) or for which the Commission critical habitat for the jaguar. We also Wildlife Service; 4401 N. Fairfax Drive, has made available a method of announce the availability of a draft MS 2042–PDM; Arlington, VA 22203. electronic filing, written ex parte economic analysis and draft We request that you send comments presentations and memoranda environmental assessment of the revised only by the methods described above. summarizing oral ex parte proposed designation of critical habitat We will post all comments on http:// presentations, and all attachments for jaguar and an amended required www.regulations.gov. This generally thereto, must be filed through the determinations section of the proposal. means that we will post any personal electronic comment filing system We are reopening the comment period information you provide us (see the available for that proceeding, and must to allow all interested parties an Public Comments section below for be filed in their native format (e.g., .doc, opportunity to comment simultaneously more information). .xml, .ppt, searchable .pdf). Participants on the revised proposed rule, the Public informational session and in this proceeding should familiarize associated draft economic analysis and public hearing: The public

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informational session and hearing will (d) Special management resubmit them. We have incorporated be held at Buena High School considerations or protection that may be them into the public record, and we will Performing Arts Center, 5225 Buena needed in critical habitat areas we are fully consider them in the preparation School Blvd., Sierra Vista, Arizona proposing, including managing for the of our final rule. Our final 85615. People needing reasonable potential effects of climate change; determination concerning critical accommodation in order to attend and (e) What areas not occupied at the habitat will take into consideration all participate in the public hearing should time of listing (and that do not contain written comments and any additional contact Steve Spangle, Field Supervisor, all of the primary constituent elements information we receive during both Arizona Ecological Services Fish and comprising proposed jaguar critical comment periods. On the basis of public Wildlife Office, as soon as possible (see habitat) are essential for the comments and other relevant FOR FURTHER INFORMATION CONTACT). conservation of the species and why; information, we may, during the FOR FURTHER INFORMATION CONTACT: and development of our final determination Steve Spangle, Field Supervisor, U.S. (f) If an area is essential but was not on the proposed critical habitat Fish and Wildlife Service, Arizona occupied at the time of listing, what are designation, find that areas proposed are Ecological Services Fish and Wildlife the habitat features that are essential, not essential, are appropriate for Office, 2321 West Royal Palm Drive, and which of these features are the most exclusion under section 4(b)(2) of the Suite 103, Phoenix, AZ 85021; by important? Act, or are not appropriate for telephone (602–242–0210); or by (3) Land-use designations and current exclusion. facsimile (602–242–2513). Persons who or planned activities in the subject areas You may submit your comments and materials concerning the revised use a telecommunications device for the and their possible impacts on proposed proposed rule, draft economic analysis, deaf (TDD) may call the Federal critical habitat. (4) Information on the projected and or draft environmental assessment by Information Relay Service (FIRS) at reasonably likely impacts of climate one of the methods listed in the 800–877–8339. change on the jaguar and proposed ADDRESSES section. We request that you SUPPLEMENTARY INFORMATION: critical habitat. send comments only by the methods Public Comments (5) Any probable economic, national described in the ADDRESSES section. security, or other relevant impacts of If you submit a comment via http:// We are reopening the comment period designating any area that may be www.regulations.gov, your entire for our proposed critical habitat included in the final designation; in comment—including any personal designation for the jaguar that was particular, we seek information on any identifying information—will be posted published in the Federal Register on impacts on small entities or families, on the Web site. We will post all August 20, 2012 (77 FR 50214). We are and the benefits of including or hardcopy comments on http:// specifically seeking comments on the excluding areas from the proposed www.regulations.gov as well. If you revised proposed designation and the designation that exhibit these impacts. submit a hardcopy comment that draft economic and environmental (6) Information on the extent to which includes personal identifying analyses, which are now available, for the description of economic impacts in information, you may request at the top the revised proposed critical habitat the draft economic analysis is complete of your document that we withhold this designation; see ADDRESSES for and accurate and the description of the information from public review. information on how to submit your environmental impacts in the draft However, we cannot guarantee that we comments. We will consider environmental assessment is complete will be able to do so. information and recommendations from and accurate. Comments and materials we receive, all interested parties. We are (7) If lands owned and managed by as well as supporting documentation we particularly interested in comments Fort Huachuca (Fort) should be used in preparing the revised proposed concerning: considered for exemption because the rule, draft economic analysis, and draft (1) The reasons why we should or integrated natural resources environmental assessment, will be should not designate habitat as ‘‘critical management plan for the Fort currently available for public inspection on http:// habitat’’ under section 4 of the Act (16 benefits the jaguar, whether or not www.regulations.gov at Docket No. U.S.C. 1531 et seq.), including whether management activities specifically FWS–R2–ES–2012–0042, or by there are threats to the species from address the species. appointment, during normal business human activity, the degree of which can (8) Whether any specific areas we are hours, at the U.S. Fish and Wildlife be expected to increase due to the proposing for critical habitat Service, Arizona Ecological Services designation, and whether that increase designation should be considered for Fish and Wildlife Office (see FOR in threat outweighs the benefit of exclusion under section 4(b)(2) of the FURTHER INFORMATION CONTACT). You designation such that the designation of Act, and whether the benefits of may obtain copies of the proposed rule, critical habitat may not be prudent. potentially excluding any specific area the draft economic analysis, and the (2) Specific information on: outweigh the benefits of including that draft environmental assessment on the (a) The amount and distribution of area under section 4(b)(2) of the Act. Internet at http://www.regulations.gov at jaguar habitat; (9) Whether we could improve or Docket Number FWS–R2–ES–2012– (b) What areas occupied at the time of modify our approach to designating 0042, or by mail from the Arizona listing (1972) (or currently occupied) critical habitat in any way to provide for Ecological Services Fish and Wildlife that contain features essential to the greater public participation and Office (see FOR FURTHER INFORMATION conservation of the species we should understanding, or to better CONTACT). include in the designation and why; accommodate public concerns and (c) What period of time surrounding comments. Background the time of listing (1972) should be used If you submitted comments or It is our intent to discuss only those to determine occupancy and why, and information on the proposed rule (77 FR topics directly relevant to the whether or not data from 1982 to the 50214; August 20, 2012) during the designation of critical habitat for jaguar present should be used in this initial comment period from August 20, in this document. For more information determination; 2012, to October 19, 2012, please do not on the species, the species’ habitat, and

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previous Federal actions concerning the that may require special management between 2012 and 2013, the jaguar, refer to the proposed designation considerations or protection, and combination of a slightly different of critical habitat, published in the specific areas outside the geographical physical and biological feature and Federal Register on August 20, 2012 (77 area occupied by a species at the time several PCEs (as described above) and FR 50214). The proposed rule is it is listed, upon a determination that the new jaguar sightings have resulted available online at http:// such areas are essential for the in the proposed revisions to our August www.regulations.gov (at Docket Number conservation of the species. If the 20, 2012, proposed critical habitat rule FWS–R2–ES–2012–0042) or from the proposed rule is made final, section 7 of for the jaguar that are described in this Arizona Ecological Services Fish and the Act will prohibit destruction or document. Wildlife Office (see FOR FURTHER adverse modification of critical habitat INFORMATION CONTACT). by any activity funded, authorized, or Primary Constituent Elements for carried out by any Federal agency. Jaguars Previous Federal Actions Federal agencies proposing actions Based on our current knowledge of On August 20, 2012, we published a affecting critical habitat must consult the physical or biological feature and proposed rule to designate critical with us on the effects of their proposed habitat characteristics required to habitat for the jaguar (77 FR 50214). In actions, under section 7(a)(2) of the Act. sustain the jaguar’s vital life-history that proposed rule, we proposed to functions in the Northwestern Recovery Changes From Previously Proposed designate approximately 838,232 acres Unit and the United States, we Critical Habitat (ac) (339,220 hectares (ha)) as critical determine that the primary constituent habitat in six units located in Pima, On August 20, 2012, we published in elements specific to jaguars are: Santa Cruz, and Cochise Counties, the Federal Register a proposed rule to Expansive open spaces in the Arizona, and Hidalgo County, New designate critical habitat for the jaguar southwestern United States of at least Mexico. That proposal had a 60-day (77 FR 50214). We based the physical 100 square km (38.6 square mi) in size comment period, ending October 19, and biological feature and PCEs on a which: 2012. We received requests for a public preliminary report we received from the (1) Provide connectivity to Mexico; hearing; therefore, a public hearing will Jaguar Recovery Team in 2011, in which (2) Contain adequate levels of native be held (see DATES and ADDRESSES). the habitat features preferred by the prey species, including deer and In 2013, we received a report from the jaguar were described based on the best javelina, as well as medium-sized prey Jaguar Recovery Team that included a available science and expert opinion of such as coatis, skunks, raccoons, or revised habitat model for jaguar in the the team at that time. jackrabbits; proposed Northwestern Recovery Unit Since then, the Jaguar Recovery Team (3) Include surface water sources (Sanderson and Fisher 2013, entire). continued to revise and refine these available within 20 km (12.4 mi) of each This report recommended defining habitat features, resulting in a habitat other; habitat patches of less than 100 square model that we received in 2013. The (4) Contain from greater than 1 to 50 kilometers (km) (38.6 square miles (mi)) changes included: (1) Defining habitat percent canopy cover within Madrean in size as unsuitable for jaguars; patches of less than 100 square km (38.6 evergreen woodland, generally therefore, we incorporated this square mi) in size as unsuitable (the recognized by a mixture of oak, juniper, information into the physical and physical and biological feature formerly and pine trees on the landscape, or biological feature for the jaguar, which described areas of less than 84 square semidesert grassland vegetation formerly described areas of less than 84 km (32.4 square mi) as unsuitable); (2) communities, usually characterized by square km (32.4 square mi) as delineating areas 2,000 meters (6,562 Pleuraphis mutica (tobosagrass) or unsuitable. Additionally, the report feet) and higher as unsuitable Bouteloua eriopoda (black grama) along recommended slight changes to some of (previously there was no PCE related to with other grasses; the habitat features we used to describe an upper-elevation limit); (3) including (5) Are characterized by the primary constituent elements (PCEs) a canopy cover from greater than 1 to 50 intermediately, moderately, or highly comprising jaguar critical habitat (see percent as suitable (PCE 4 formerly rugged terrain; Changes from Previously Proposed included a range of 3 to 40 percent (6) Are characterized by minimal to Critical Habitat, below). The revised canopy cover); and (4) slightly no human population density, no major physical and biological feature and diminishing the level of human roads, or no stable nighttime lighting PCEs resulted in changes to the influence tolerated by jaguars in the over any 1-square-km (0.4-square-mi) boundaries of our original proposed northern part of the proposed area; and critical habitat, and we are revising our Northwestern Recovery Unit (PCE 6). (7) Are below 2,000 m (6,562 feet) in proposal for jaguar critical habitat in When combined, these changes added elevation. some new areas containing all of the this document. In this revised rule, we Proposed Critical Habitat Designation propose to designate approximately PCEs, while other areas no longer 858,137 ac (347,277 ha) as critical contained all of the PCEs, and therefore We are proposing six units as critical habitat in six units located in Pima, were removed. An increase in area was habitat for the jaguar. The critical Santa Cruz, and Cochise Counties, usually due to the increased range in habitat areas we describe below Arizona, and Hidalgo County, New canopy cover (from greater than 1 to 50 constitute our current best assessment of Mexico. percent, instead of 3 to 40 percent), areas that meet the definition of critical while a decrease in area was usually habitat for the jaguar. The six units we Critical Habitat due to the upper elevation limit of 2,000 propose as critical habitat are: (1) Section 3 of the Act defines critical meters (6,562 feet). Baboquivari Unit divided into subunits habitat as the specific areas within the In addition to the changes described (1a) Baboquivari-Coyote Subunit, geographical area occupied by a species, above, recent photos (October 2012 including the Northern Baboquivari, at the time it is listed in accordance through January 2013) have been taken Saucito, Quinlan, and Coyote with the Act, on which are found those of a jaguar in the . Mountains, and (1b) the Southern physical or biological features essential While our understanding of the habitat Baboquivari Subunit; (2) Atascosa Unit, to the conservation of the species and features did not change drastically including the Pajarito, Atascosa, and

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Tumacacori Mountains; (3) Patagonia Santa Rita Subunit, and (4c) Whetstone- New Mexico-Mexico border. Table 1 Unit, including the Patagonia, Santa Huachuca Subunit; (5) Peloncillo Unit, lists both the unoccupied units and Rita, Empire, and , including the Peloncillo Mountains both those that may have been occupied at and the Canelo and Grosvenor Hills; (4) in Arizona and New Mexico; and (6) the time of listing. Whetstone Unit, divided into subunits San Luis Unit, including the northern (4a) Whetstone Subunit, (4b) Whetstone- extent of the at the

TABLE 1—OCCUPANCY OF JAGUARS BY PROPOSED CRITICAL HABITAT UNITS [All units are in Arizona unless otherwise noted]

Occupied at Unit time of listing

1—Baboquivari Unit 1a—Baboquivari-Coyote Subunit: Coyote Mountains ...... Yes. ...... Yes. Saucito Mountains ...... Yes. Northern Baboquivari Mountains ...... Yes. 1b—Southern Baboquivari Subunit: Southern Baboquivari Mountains Connection ...... No. 2—Atascosa Unit: ...... Yes. ...... Yes. Pajarito Mountains ...... Yes. 3—Patagonia Unit: Empire Mountains ...... Yes. Santa Rita Mountains ...... Yes. Grosvenor Hills ...... Yes. ...... Yes. ...... Yes. Huachuca Mountains ...... Yes. 4—Whetstone Unit 4a—Whetstone Subunit: ...... Yes. 4b—Whetstone-Santa Rita Subunit: Whetstone-Santa Rita Mountains Connection ...... No. 4c—Whetstone-Huachuca Subunit: Whetstone-Huachuca Mountains Connection ...... No. 5—Peloncillo Unit: Peloncillo Mountains (Arizona and New Mexico) ...... Yes. 6—San Luis Unit: San Luis Mountains (New Mexico) ...... Yes.

The approximate area of each proposed critical habitat unit is shown in Table 2. TABLE 2—AREA OF PROPOSED CRITICAL HABITAT UNITS FOR THE JAGUAR

Federal State Tribal Private Total Total Unit or subunit Ha Ac Ha Ac Ha Ac Ha Ac Ha Ac

1a—Baboquivari-Coyote Subunit...... 4,396 10,862 9,239 22,831 20,764 51,308 3,290 8,130 37,689 93,130 1b—Southern Baboquivari Subunit ...... 624 1,543 6,157 15,213 10,829 26,759 1,843 4,555 19,453 48,070 2—Atascosa Unit ...... 53,807 132,961 2,296 5,672 0 0 2,522 6,231 58,625 144,864 3—Patagonia Unit ...... 107,471 265,566 11,847 29,274 0 0 29,046 71,775 148,364 366,615 4a—Whetstone Subunit...... 16,066 39,699 5,445 13,455 0 0 3,774 9,325 25,284 62,478 4b—Whetstone-Santa Rita Subunit ...... 532 1,313 4,612 11,396 0 0 0 0 5,143 12,710 4c—Whetstone-Huachuca Subunit...... 1,654 4,088 2,981 7,366 0 0 3,391 8,379 8,026 19,832 5—Peloncillo Unit...... 28,393 70,160 7,861 19,426 0 0 5,317 13,138 41,571 102,723 6—San Luis Unit ...... 0 0 0 0 0 0 3,122 7,714 3,122 7,714

Grand Total...... 212,943 526,191 50,437 124,633 31,593 78,067 52,304 129,246 347,277 858,137 Note: Area sizes may not sum due to rounding.

We present brief descriptions of all Subunit 1a: Baboquivari-Coyote Subunit This subunit is generally bounded by units, and reasons why they meet the the eastern side of the Baboquivari definition of critical habitat for jaguar, Subunit 1a consists of 37,689 ha Valley to the west, State Highway 86 to below. (93,130 ac) in the northern Baboquivari, the north, the western side of the Altar Saucito, Quinlan, and Coyote Valley to the east, and up to and Mountains in Pima County, Arizona. including Leyvas and Bear Canyons to

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the south. Land ownership within the including, but not limited to, hiking, administered by the Coronado National unit includes approximately 4,396 ha birding, horseback riding, and hunting. Forest, Bureau of Land Management, (10,862 ac) of Federal lands; 20,764 ha National Park Service, and Fort Unit 2: Atascosa Unit (51,308 ac) of Tohono O’odham Nation Huachuca. We consider the Patagonia lands; 9,239 ha (22,831 ac) of Arizona Unit 2 consists of 58,625 ha (144,864 Unit occupied at the time of listing (37 State lands; and 3,290 ha (8,130 ac) of ac) in the Pajarito, Atascosa, and FR 6476; March 30, 1972) based on the private lands. The Federal land is Tumacacori Mountains in Pima and 1965 record from the Patagonia administered by the Service and Bureau Santa Cruz Counties, Arizona. Unit 2 is Mountains (see ‘‘Occupied Area at the of Land Management. We consider the generally bounded by the eastern side of Time of Listing’’ in our August 20, 2012, Baboquivari-Coyote Subunit occupied at San Luis Mountains (Arizona) to the proposed rule (77 FR 50214)) and the time of listing (37 FR 6476; March west, roughly 4 km (2.5 mi) south of currently occupied based on photos 30, 1972) (see ‘‘Occupied Area at the Arivaca Road to the north, taken from October 2012, through Time of Listing’’ in our August 20, 2012, to the east, and the U.S.-Mexico border January 2013, of a male jaguar in the proposed rule (77 FR 50214)), and it to the south. Land ownership within the Santa Rita Mountains. The mountain may be currently occupied, based on unit includes approximately 53,807 ha ranges within this unit contain all jaguar photos from 1996 and from 2001– (132,961 ac) of Federal lands; 2,296 ha elements of the physical or biological 2008. It contains all elements of the (5,672 ac) of Arizona State lands; and feature essential to the conservation of physical or biological feature essential 2,522 ha (6,231 ac) of private lands. The the jaguar. to the conservation of the jaguar, except Federal land is administered by the The primary land uses within Unit 3 for connectivity to Mexico. and Bureau of include military activities associated Land Management. We consider the The primary land uses within Subunit with Fort Huachuca, as well as Federal Atascosa Unit occupied at the time of 1a include ranching, grazing, border- land management activities, border- listing (37 FR 6476; March 30, 1972) related activities, Federal land related activities, grazing, and (see ‘‘Occupied Area at the Time of management activities, and recreational recreational activities throughout the Listing’’ in our August 20, 2012, activities throughout the year, year, including, but not limited to, proposed rule (77 FR 50214)), and it including, but not limited to, hiking, hiking, camping, birding, horseback may be currently occupied based on birding, horseback riding, and hunting. riding, picnicking, sightseeing, and multiple photos of two, or possibly Special management considerations or hunting. Special management three, jaguars from 2001–2008. It considerations or protections needed protections needed within the subunit contains all elements of the physical or within the unit would need to address would need to address threats presented biological feature essential to the threats posed by human disturbances by increased human disturbances in conservation of the jaguar. through such activities as military remote locations through construction The primary land uses within Unit 2 ground maneuvers and increased of impermeable fences and widening or include Federal land management human presence in remote locations construction of roadways, power lines, activities, border-related activities, through mining and development or pipelines. grazing, and recreational activities activities, construction of impermeable Subunit 1b: Southern Baboquivari throughout the year, including, but not fences, and widening or construction of Subunit limited to, hiking, camping, birding, roadways, power lines, or pipelines. horseback riding, picnicking, Subunit 1b consists of 19,453 ha sightseeing, and hunting. Special Subunit 4a: Whetstone Subunit (48,070 ac) in the southern Baboquivari management considerations or Subunit 4a consists of 25,284 ha Mountains in Pima County, Arizona. protections needed within the unit (62,478 ac) in the Whetstone Mountains This subunit is generally bounded by would need to address threats posed by in Pima, Santa Cruz, and Cochise the eastern side of the Baboquivari increased human disturbances into Counties, Arizona. Subunit 4a is Valley to the west, up to but not remote locations through construction generally bounded by a line running including Leyvas and Bear Canyons to of impermeable fences and widening or roughly 4 km (2.5 mi) east of Cienega the north, the western side of the Altar construction of roadways, power lines, Creek to the west, a line running Valley to the east, and the U.S.-Mexico or pipelines. roughly 6 km (3.7 mi) south of Interstate border to the south. Land ownership 10 to the north, Highway 90 to the east, within the unit includes approximately Unit 3: Patagonia Unit and Highway 82 to the south. Land 624 ha (1,543 ac) of Federal lands; Unit 3 consists of 148,364 ha (366,615 ownership within the subunit includes 10,829 ha (26,759 ac) of Tohono ac) in the Patagonia, Santa Rita, Empire, approximately 16,066 ha (39,699 ac) of O’odham Nation lands; 6,157 ha (15,213 and Huachuca Mountains, as well as the Federal lands; 5,445 ha (13,455 ac) of ac) of Arizona State lands; and 1,843 ha Canelo and Grosvenor Hills, in Pima, Arizona State lands; and 3,774 ha (9,325 (4,555 ac) of private lands. The Federal Santa Cruz, and Cochise Counties, ac) of private lands. The Federal land is land is administered by the Service and Arizona. Unit 3 is generally bounded by administered by the Coronado National Bureau of Land Management. The a line running roughly 3 km (1.9 mi) Forest and Bureau of Land Management. Southern Baboquivari Subunit provides east of Interstate 19 to the west; a line We consider the Whetstone Subunit connectivity to Mexico and was not running roughly 6 km (3.7 mi) south of occupied at the time of listing (37 FR occupied at the time of listing, but is Interstate 10 to the north; Cienega Creek 6476; March 30, 1972) (see ‘‘Occupied essential to the conservation of the and Highways 83, 90, and 92 to the east, Area at the Time of Listing’’ in our jaguar because it contributes to the including the eastern slopes of the August 20, 2012, proposed rule (77 FR species’ persistence by providing Empire Mountains; and the U.S.-Mexico 50214)), and, based on photographs connectivity to occupied areas. border to the south. Land ownership taken in 2011, it may be currently The primary land uses within Subunit within the unit includes approximately occupied. The mountain range within 1b include ranching, grazing, border- 107,471 ha (265,566 ac) of Federal this subunit contains all elements of the related activities, Federal land lands; 11,847 ha (29,274 ac) of Arizona physical or biological feature essential management activities, and recreational State lands; and 29,046 ha (71,775 ac) of to the conservation of the jaguar, except activities throughout the year, private lands. The Federal land is for connectivity to Mexico.

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The primary land uses within Subunit and Fort Huachuca. The Whetstone- Unit 6: San Luis Unit 4a include Federal land management Huachuca Subunit provides Unit 6 consists of 3,122 ha (7,714 ac) activities, grazing, and recreational connectivity from the Whetstone in the northern extent of the San Luis activities throughout the year, Mountains to Mexico and was not Mountains in Hidalgo County, New including, but not limited to, hiking, occupied at the time of listing, but is Mexico. Unit 6 is generally bounded by camping, birding, horseback riding, essential to the conservation of the the eastern side of the Animas Valley to picnicking, sightseeing, and hunting. jaguar because it contributes to the the west, a line running roughly 1.5 km Special management considerations or species’ persistence by providing (0.9 mi) south of Highway 79 to the protections needed within the subunit connectivity to occupied areas. north, an elevation line at would need to address threats posed by The primary land uses within Subunit approximately 1,600 m (5,249 ft) on the increased human disturbances as a east side of the San Luis Mountains, and result of development activities, and 4c include military activities associated the U.S.-Mexico border to the south. widening or construction of roadways, with Fort Huachuca, as well as Federal Land within the unit is entirely power lines, or pipelines. forest management activities, grazing, and recreational activities throughout privately owned. We consider the San Subunit 4b: Whetstone-Santa Rita the year, including, but not limited to, Luis Unit occupied at the time of listing Subunit hiking, camping, birding, horseback (37 FR 6476; March 30, 1972) (see Subunit 4b consists of 5,143 ha riding, picnicking, sightseeing, and ‘‘Occupied Area at the Time of Listing’’ (12,710 ac) between the Empire hunting. in our August 20, 2012, proposed rule Mountains and northern extent of the (77 FR 50214)), and it may be currently Whetstone Mountains in Pima County, Unit 5: Peloncillo Unit occupied based on photographs taken in 2006. Unit 6 contains almost all Arizona. Subunit 4b is generally Unit 5 consists of 41,571 ha (102,723 bounded by (but does not include): The elements (PCEs 2–7) of the physical or ac) in the Peloncillo Mountains in biological feature essential to the eastern slopes of the Empire Mountains Cochise County, Arizona, and Hidalgo to the west, a line running roughly 6 km conservation of the jaguar except for County, New Mexico. Unit 5 is generally (3.7 mi) south of Interstate 10 to the PCE 1 (expansive open space). This unit bounded by the eastern side of the San north, the western slopes of the is included because, while by itself it Bernardino Valley to the west, Skeleton Whetstone Mountains to the east, and does not provide at least 100 square km Stevenson Canyon to the south. Land Canyon Road and the northern (38.6 square mi) of jaguar habitat in the ownership within the subunit includes boundary of the Coronado National United States, additional habitat can be approximately 532 ha (1,313 ac) of Forest to the north, the western side of found immediately adjacent south of the Federal lands and 4,612 ha (11,396 ac) the Animas Valley to the east, and the U.S.-Mexico border, and therefore this of Arizona State lands. The Whetstone- U.S.-Mexico border on the south. Land area represents a small portion of a Santa Rita Subunit provides ownership within the unit includes much larger area of habitat. connectivity from the Whetstone approximately 28,393 ha (70,160 ac) of The primary land uses within Unit 6 Mountains to Mexico and was not Federal lands; 7,861 ha (19,426 ac) of include border-related activities, occupied at the time of listing, but is Arizona State lands; and 5,317 ha grazing, and some recreational activities essential to the conservation of the (13,138 ac) of private lands. The Federal throughout the year, including, but not jaguar because it contributes to the land is administered by the Coronado limited to, hiking, horseback riding, and species’ persistence by providing National Forest and Bureau of Land hunting. Special management connectivity to occupied areas. Management. We consider the considerations or protections needed The primary land uses within Subunit Peloncillo Unit occupied at the time of within the unit would need to address 4b include grazing and recreational listing (37 FR 6476; March 30, 1972) threats posed by increased human activities throughout the year, (see ‘‘Occupied Area at the Time of disturbances into remote locations including, but not limited to, hiking, Listing’’ in our August 20, 2012, through construction of impermeable camping, birding, horseback riding, proposed rule (77 FR 50214)), and it fences and widening or construction of picnicking, sightseeing, and hunting. may be currently occupied based on a roadways, power lines, or pipelines. Subunit 4c: Whetstone-Huachuca track documented in 1995 and Consideration of Impacts Under Section Subunit photographs taken in 1996. It contains 4(b)(2) of the Act all elements of the physical or biological Subunit 4c consists of 8,026 ha feature essential to the conservation of Section 4(b)(2) of the Act requires that (19,832 ac) between the Huachuca the jaguar. we designate or revise critical habitat Mountains and southern extent of the based upon the best scientific data Whetstone Mountains in Santa Cruz and The primary land uses within Unit 5 available, after taking into consideration Cochise Counties, Arizona. Subunit 4c include Federal land management the economic impact, impact on is generally bounded by Highway 83, activities, border-related activities, national security, or any other relevant Elgin-Canelo Road, and Upper Elgin grazing, and recreational activities impact of specifying any particular area Road to the west; Highway 82 to the throughout the year, including, but not as critical habitat. We may exclude an north; a line running roughly 4 km (2.5 limited to, hiking, camping, birding, area from critical habitat if we mi) west of Highway 90 to the east; and horseback riding, picnicking, determine that the benefits of excluding up to but not including the Huachuca sightseeing, and hunting. Special the area outweigh the benefits of Mountains to the south. Land management considerations or including the area as critical habitat, ownership within the subunit includes protections needed within the unit provided such exclusion will not result approximately 1,654 ha (4,088 ac) of would need to address threats posed by in the extinction of the species. Federal lands; 2,981 ha (7,366 ac) of increased human disturbances in remote When considering the benefits of Arizona State lands; and 3,391 ha (8,379 locations through construction of inclusion for an area, we consider the ac) of private lands. The Federal land is impermeable fences and widening or additional regulatory benefits that area administered by the Coronado National construction of roadways, power lines, would receive from the protection from Forest, Bureau of Land Management, or pipelines. adverse modification or destruction as a

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result of actions with a Federal nexus the species. For example, the Ninth protection activities; (3) mining; (4) (activities conducted, funded, Circuit Court of Appeals reached this transportation activities; (5) permitted, or authorized by Federal conclusion twice within the last few development; (6) military activities; (7) agencies), the educational benefits of years, and the U.S. Supreme Court livestock grazing and other activities; mapping areas containing essential declined to hear any further appeal from and (8) Tohono O’odham Nation features that aid in the recovery of the those rulings (Arizona Cattle Growers’ activities. Chapter 11 of the draft listed species, and any benefits that may Assoc. v. Salazar, 606 F.3d 116, (9th Cir. economic analysis provides the result from designation due to State or June 4, 2010) cert. denied, 179 L. Ed. 2d quantification of economic impacts of Federal laws that may apply to critical 300, 2011 U.S. LEXIS 1362, 79 U.S.L.W. jaguar conservation efforts. habitat. 3475 (2011); Home Builders Association Given the secretive and transient When considering the benefits of of Northern California v. United States nature of the jaguar and the fact that exclusion, we consider, among other Fish & Wildlife Service, 616 F. 3rd 983 Federal land managers already take things, whether exclusion of a specific (9th Cir. 2010) cert. denied, 179 L. Ed. steps to protect the jaguar even without area is likely to result in conservation; 2d 300, 2011 U.S. LEXIS 1362, 79 critical habitat, we do not anticipate the continuation, strengthening, or U.S.L.W. 3475 (2011)). recommending incremental encouragement of partnerships; or However, the prevailing court conservation measures to avoid adverse implementation of a management plan. decisions in the Tenth Circuit Court of modification of critical habitat over and We are considering excluding lands Appeals do not allow the incremental above those recommended to avoid owned and managed by the Tohono analysis approach. Instead, the Tenth jeopardy of the species, except in cases O’odham Nation from critical habitat. Circuit requires that the Service where an activity could create a The Tohono O’odham Nation has consider both the baseline economic situation in which a unit of critical indicated that they are preparing a impacts imposed due to listing the habitat could become inaccessible to Jaguar Management Plan, which we species and the additional incremental jaguars. The loss of one critical habitat expect to receive during this comment economic impacts imposed by unit would not constitute jeopardy to period. However, the final decision on designating critical habitat (New Mexico the species, but it may constitute whether to exclude any areas will be Cattle Growers Ass’n v. FWS, 248 F.3d destruction or adverse modification. based on the best scientific data 1277 (10th Cir. May 11, 2001)). As a Major construction projects (such as available at the time of the final consequence, an economic analysis for new highways, significant widening of designation, including information critical habitat that is being proposed for existing highways, or construction of obtained during the comment period designation within States that fall large facilities or mines) could sever and information about the economic within the jurisdiction of the Tenth connectivity within these critical habitat impact of designation. Accordingly, we Circuit (as this designation does) should units and subunits, and could constitute have prepared a draft economic analysis include a coextensive cost evaluation adverse modification. However, at this concerning the proposed critical habitat which addresses, and quantifies to the time we are unable to identify the designation, which is available for extent feasible, all of the conservation- conservation measures that will be review and comment (see ADDRESSES). related impacts associated with the requested to avoid adverse modification, regulatory baseline (those resulting Draft Economic Analysis and we are therefore unable to quantify under the jeopardy standard under these impacts. The draft economic analysis describes section 7 of the Act, and under sections the economic impacts of all potential 9 and 10 of the Act). In other words, the Therefore, the total projected conservation efforts for the jaguar; some allocation of impacts should show those incremental costs of administrative of these costs will likely be incurred that are part of the regulatory baseline efforts resulting from section 7 regardless of whether we designate and those that are unique to the critical consultations on the jaguar are critical habitat. The economic impact of habitat designation. For a further approximately $360,000 over 20 years the proposed critical habitat designation description of the methodology of the ($31,000 on an annualized basis), is analyzed by comparing scenarios both analysis, see Chapter 2.3, ‘‘Analytic assuming a 7 percent discount rate. The ‘‘with critical habitat’’ and ‘‘without Framework and Scope of the Analysis,’’ analysis estimates future potential critical habitat.’’ The ‘‘without critical of the draft economic analysis. administrative impacts based on the habitat’’ scenario represents the baseline The draft economic analysis provides historical rate of consultations on the for the analysis, considering protections estimated costs of the foreseeable jaguar in areas proposed for critical already in place for the species (e.g., potential economic impacts of the habitat, as discussed in Chapter 2 of the under the Federal listing and other proposed critical habitat designation for draft economic analysis. Federal, State, and local regulations). the jaguar over the next 20 years, which As stated earlier, we are soliciting The baseline, therefore, represents the was determined to be the appropriate data and comments from the public on costs incurred regardless of whether period for analysis because limited the draft economic analysis and draft critical habitat is designated. The ‘‘with planning information is available for environmental assessment, as well as all critical habitat’’ scenario describes the most activities to forecast activity levels aspects of the proposed rule, as revised incremental impacts associated for projects beyond a 20-year timeframe. by this document, and our amended specifically with the designation of It identifies potential incremental costs required determinations. We may revise critical habitat for the species. The as a result of the proposed critical the proposed rule or supporting incremental conservation efforts and habitat designation; these are those costs documents to incorporate or address associated impacts are those not attributed to critical habitat over and information we receive during the expected to occur absent the designation above those baseline costs attributed to public comment period. In particular, of critical habitat for the species. listing. we may exclude an area from critical Most courts have held that the Service The draft economic analysis habitat if we determine that the benefits only needs to consider the incremental quantifies economic impacts of jaguar of excluding the area outweigh the impacts imposed by the critical habitat conservation efforts associated with the benefits of including the area, provided designation over and above those following categories of activity: (1) the exclusion will not result in the impacts imposed as a result of listing Federal land management; (2) border extinction of this species.

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Draft Environmental Assessment et seq.), the National Environmental project modifications that may result. In The purpose of the draft Policy Act (42 U.S.C. 4321 et seq.), E.O. general, the term ‘‘significant economic environmental assessment, prepared 12630 (Takings), and the President’s impact’’ is meant to apply to a typical pursuant to the National Environmental memorandum of April 29, 1994, small business firm’s business Policy Act (NEPA) (42 U.S.C. 4321 et ‘‘Government-to-Government Relations operations. To determine if the proposed seq.), is to identify and disclose the with Native American Tribal designation of critical habitat for the environmental consequences resulting Governments’’ (59 FR 22951). jaguar would affect a substantial number from the proposed action of designating Regulatory Flexibility Act (5 U.S.C. 601 of small entities, we considered the critical habitat for the jaguar. In the draft et seq.) number of small entities affected within environmental assessment, three Under the Regulatory Flexibility Act particular types of economic activities, alternatives are evaluated: The No (RFA; 5 U.S.C. 601 et seq.), as amended such as mining, transportation Action Alternative; Alternative A, the by the Small Business Regulatory construction, development, and proposed rule; and Alternative B, the Enforcement Fairness Act of 1996 agriculture and grazing. In order to proposed rule with exclusion and (SBREFA; 5 U.S.C. 801 et seq.), determine whether it is appropriate for exemption areas. The no action whenever an agency is required to our agency to certify that the proposed alternative is required by NEPA for publish a notice of rulemaking for any rule would not have a significant comparison to the other alternatives proposed or final rule, it must prepare economic impact on a substantial analyzed in the draft environmental and make available for public comment number of small entities, we considered assessment. The no action alternative is a regulatory flexibility analysis that each industry or category individually. equivalent to no designation of critical describes the effects of the rule on small In estimating the numbers of small habitat for the jaguar. Our preliminary entities (i.e., small businesses, small entities potentially affected, we also determination is that designation of organizations, and small government considered whether their activities have critical habitat for the jaguar will not jurisdictions). However, no regulatory any Federal involvement. Critical have significant impacts on the flexibility analysis is required if the habitat designation will not affect environment. However, we will further head of the agency certifies the rule will activities that do not have any Federal evaluate this issue as we complete our not have a significant economic impact involvement; designation of critical final environmental assessment. on a substantial number of small habitat only affects activities conducted, As we stated earlier, we are soliciting entities. The SBREFA amended the RFA funded, permitted, or authorized by data and comments from the public on to require Federal agencies to provide a Federal agencies. Because the jaguar is the draft environmental assessment, as certification statement of the factual listed as an endangered species under well as all aspects of the proposed rule, basis for certifying that the rule will not the Act, in areas where the jaguar is the draft economic analysis, and our have a significant economic impact on present, Federal agencies are required to amended required determinations. We a substantial number of small entities. consult with us under section 7 of the may revise the proposed rule or Based on our draft economic analysis of Act on activities they fund, permit, or supporting documents to incorporate or the proposed designation, we provide implement that may affect the species. address information we receive during our analysis for determining whether If we finalize this proposed critical the comment period on the the proposed rule would result in a habitat designation, consultations to environmental consequences resulting significant economic impact on a avoid the destruction or adverse from our proposed designation of substantial number of small entities. modification of critical habitat would be critical habitat. Based on comments we receive, we may incorporated into the existing Required Determinations—Amended revise this determination as part of our consultation process. final rulemaking. In the draft economic analysis, we In our August 20, 2012, proposed rule According to the Small Business evaluated the potential economic effects (77 FR 50214), we indicated that we Administration, small entities include on small entities resulting from would defer our determination of small organizations such as implementation of conservation actions compliance with several statutes and independent nonprofit organizations; related to the proposed designation of executive orders until the information small governmental jurisdictions, critical habitat for the jaguar. The concerning potential economic impacts including school boards and city and designation of critical habitat for the of the designation and potential effects town governments that serve fewer than jaguar is unlikely to directly affect any on landowners and stakeholders became 50,000 residents; and small businesses small entities. The costs associated with available in the draft economic analysis. (13 CFR 121.201). Small businesses the designation are likely to be limited We have now made use of the draft include manufacturing and mining to the incremental impacts associated economic analysis data to make these concerns with fewer than 500 with administrative costs of section 7 determinations. In this document, we employees, wholesale trade entities consultations. Small entities may affirm the information in our proposed with fewer than 100 employees, retail participate in section 7 consultation as rule concerning Executive Orders and service businesses with less than $5 a third party (the primary consulting (E.O.s) 12866 and 13563 (Regulatory million in annual sales, general and parties being the Service and the Planning and Review), E.O. 13132 heavy construction businesses with less Federal action agency). It is therefore (Federalism), E.O. 12988 (Civil Justice than $27.5 million in annual business, possible that the small entities may Reform), E.O. 13211 (Energy, Supply, special trade contractors doing less than spend additional time considering Distribution, and Use), the Unfunded $11.5 million in annual business, and critical habitat due to the need for a Mandates Reform Act (2 U.S.C. 1501 et agricultural businesses with annual section 7 consultation for the jaguar. seq.), and the Paperwork Reduction Act sales less than $750,000. To determine Additional incremental costs of of 1995 (44 U.S.C. 3501 et seq.). if potential economic impacts to these consultation that would be borne by the However, based on the draft economic small entities are significant, we Federal action agency and the Service analysis data, we are amending our considered the types of activities that are not relevant to this screening required determinations concerning the might trigger regulatory impacts under analysis as these entities (Federal Regulatory Flexibility Act (5 U.S.C. 601 this designation as well as types of agencies) are not small. It is uncertain

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whether any third parties involved with entities. Information for this analysis this designation of critical habitat for mining or transportation would be was gathered from the Small Business the jaguar does not pose significant considered small entities when fully Administration, stakeholders, and the takings implications for lands within or operational; however, assuming that Service. For the above reasons and affected by the designation. However, they would qualify as small entities, the based on currently available we will further evaluate this issue as we cost of consultation represents less than information, we certify that, if complete our final economic analysis. 1 percent of each company’s annual promulgated, the proposed critical revenues. Potential impacts to habitat designation would not have a Government-to-Government agriculture and grazing related to significant economic impact on a Relationship With Tribes foregone Natural Resources substantial number of small business On May 16, 2012, we sent a letter to Conservation Service (NRCS) funding entities. Therefore, an initial regulatory the Tohono O’odham Nation (the one are not quantified; however, we do not flexibility analysis is not required. Tribe that owns and manages land expect small entities to bear a direct within the proposed designation) and National Environmental Policy Act (42 burden. Please refer to the draft U.S.C. 4321 et seq.) Bureau of Indian Affairs notifying them economic analysis of the proposed of our intent to propose critical habitat critical habitat designation for a more It is our position that, outside the for the jaguar. On August 24, 2012, we detailed discussion of potential jurisdiction of the U.S. Court of Appeals notified all Tribes potentially affected economic impacts. for the Tenth Circuit, we do not need to by our proposal to designate jaguar The Service’s current understanding prepare environmental analyses as critical habitat via email, then followed of recent case law is that Federal defined by NEPA (42 U.S.C. 4321 et up by sending a letter to each Tribal agencies are only required to evaluate seq.) in connection with designating leader on September 28, 2012. the potential impacts of rulemaking on critical habitat under the Act. We Potentially affected Tribes include: The those entities directly regulated by the published a notice outlining our reasons Ak Chin Community, Gila River Indian rulemaking; therefore, they are not for this determination in the Federal Community, Hope Tribe, Pascua Yaqui required to evaluate the potential Register on October 25, 1983 (48 FR Tribe, Salt River Pima Maricopa Indian impacts to those entities not directly 49244). This position was upheld by the Tribe, San Carlos Apache Tribe, Tohono regulated. The designation of critical U.S. Court of Appeals for the Ninth O’odham Tribe, and White Mountain habitat for an endangered or threatened Circuit (Douglas County v. Babbitt, 48 Apache Tribe. Additionally, on species only has a regulatory effect F.3d 1495 (9th Cir. 1995), cert. denied September 27, 2012, we met with where a Federal action agency is 516 U.S. 1042 (1996)). However, when Tohono O’odham Nation staff to discuss involved in a particular action that may the range of the species includes States the proposed designation. affect the designated critical habitat. within the Tenth Circuit, such as that of Under these circumstances, only the the jaguar, under the Tenth Circuit Authors Federal action agency is directly ruling in Catron County Board of The primary authors of this notice are regulated by the designation, and, Commissioners v. U.S. Fish and Wildlife the staff members of the Arizona therefore, consistent with the Service’s Service, 75 F.3d 1429 (10th Cir. 1996), Ecological Services Fish and Wildlife current interpretation of RFA and recent we will undertake a NEPA analysis for Office, Southwest Region, U.S. Fish and case law, the Service may limit its critical habitat designation. In Wildlife Service. evaluation of the potential impacts to accordance with the Tenth Circuit, we those identified for Federal action have completed a draft environmental List of Subjects in 50 CFR Part 17 agencies. Under this interpretation, assessment to identify and disclose the Endangered and threatened species, there is no requirement under the RFA environmental consequences resulting Exports, Imports, Reporting and to evaluate potential impacts to entities from the proposed designation of recordkeeping requirements, not directly regulated, such as small critical habitat for the jaguar. Our Transportation. businesses. However, Executive Orders preliminary determination is that the 12866 and 13563 direct Federal agencies designation of critical habitat for the Proposed Regulation Promulgation to assess the costs and benefits of jaguar would not have significant Accordingly, we propose to further available regulatory alternatives in impacts on the environment. amend part 17, subchapter B of chapter quantitative (to the extent feasible) and E.O. 12630 (Takings) I, title 50 of the Code of Federal qualitative terms. Consequently, it is the Regulations, as proposed to be amended In accordance with E.O. 12630 current practice of the Service to assess on August 20, 2012, at 77 FR 50214, as (Government Actions and Interference to the extent practicable these potential set forth below: impacts, if sufficient data are available, with Constitutionally Protected Private whether or not this analysis is believed Property Rights), we have analyzed the PART 17—ENDANGERED AND by the Service to be strictly required by potential takings implications of THREATENED WILDLIFE AND PLANTS the RFA. In other words, while the designating critical habitat for the jaguar effects analysis required under the RFA in a proposed takings implications ■ 1. The authority citation for part 17 is limited to entities directly regulated assessment. The economic analysis continues to read as follows: by the rulemaking, the effects analysis found that no significant economic Authority: 16 U.S.C. 1361–1407; 16 U.S.C. under the Act, consistent with the E.O. impacts are likely to result from the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– regulatory analysis requirements, can designation of critical habitat for the 625, 100 Stat. 3500; unless otherwise noted. take into consideration impacts to both jaguar. Based on information contained ■ 2. Amend § 17.95, the entry proposed directly and indirectly impacted in the economic analysis and described for ‘‘Jaguar (Panthera onca)’’ at 77 FR entities, where practicable and within this document, it is not likely 50214, by revising paragraphs (a)(2), reasonable. that economic impacts to a property (a)(5), (a)(6), and (a)(7) to read as In summary, we have considered owner would be of a sufficient follows: whether the proposed designation magnitude to support a takings action. would result in a significant economic Therefore, the proposed takings § 17.95 Critical habitat—fish and wildlife. impact on a substantial number of small implications assessment concludes that * * * * *

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(a) Mammals. javelina, as well as medium-sized prey Bouteloua eriopoda (black grama) along * * * * * such as coatis, skunks, raccoons, or with other grasses; Jaguar (Panthera onca) jackrabbits; (v) Are characterized by * * * * * (iii) Include surface water sources intermediately, moderately, or highly (2) Within these areas, the primary available within 20 km (12.4 mi) of each rugged terrain; constituent elements of the physical or other; (vi) Are characterized by minimal to biological feature essential to the no human population density, no major conservation of jaguar consist of (iv) Contain from greater than 1 to 50 percent canopy cover within Madrean roads, or no stable nighttime lighting expansive open spaces in the over any 1-square-km (0.4-square-mi) evergreen woodland, generally southwestern United States of at least area; and 100 square kilometers (km) (38.6 square recognized by a mixture of oak, juniper, and pine trees on the landscape, or (vii) Are below 2,000 meters (6,562 miles (mi)) in size which: feet) in elevation. (i) Provide connectivity to Mexico; semidesert grassland vegetation (ii) Contain adequate levels of native communities, usually characterized by * * * * * prey species, including deer and Pleuraphis mutica (tobosagrass) or (5) Index map follows:

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BILLING CODE 4310–55–P (6) Units 1, 2, 3, and 4: Baboquivari, Units, Pima, Santa Cruz, and Cochise Atascosa, Patagonia, and Whetstone

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Counties, Arizona. Map of Units 1, 2, 3, and 4 follows:

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(7) Units 5 and 6: Peloncillo and San and Hidalgo County, New Mexico. Map Luis Units, Cochise County, Arizona, of Units 5 and 6 follows:

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* * * * * Dated: June 7, 2013. Michael J. Bean, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–15688 Filed 6–28–13; 8:45 am] BILLING CODE 4310–55–C

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