72970 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 86 

[OAR–2004–0011; FRL–8004–8] 

RIN 2060–AM32 

Control of Air Pollution From New 

Motor Vehicles and New Motor Vehicle 

Engines: Technical Amendments to 

Evaporative Emissions Regulations, 

Dynamometer Regulations, and 

Vehicle Labeling 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed rulemaking. 

In the ‘‘Rules and Regulations’’

section of this Federal Register, we are 

making these technical amendments as 

a direct final rule without prior 

proposal, because we view these 

technical amendments as 

noncontroversial revisions. We 

anticipate no adverse comment. We 

have explained our reasons for these 

technical amendments in the preamble 

to the direct final rule. If we receive no 

adverse comment, we will not take 

further action on this proposed rule. If 

we receive adverse comment, we will 

withdraw the portions of the direct final 

rule receiving such comment and those 

portions will not take effect. We will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

DATES: Written comments must be 

received by January 9, 2006. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2004–

0011, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• Fax: (202) 566–1741. 

• Mail: Docket ID No. OAR–2004–

0011, Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: Docket ID No. OAR–

2004–0011, Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Air and Radiation Docket, Mailcode: 

6102T, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. OAR–2004–0011. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://www.epa.gov/ 

edocket, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Docket, EPA/DC, EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the fax number for 

the Air Docket and Reading Room for 

OAR–2004–0011 is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Sohacki, Certification and 

Compliance Division, Office of 

Transportation and Air Quality, 2000 

Traverwood, Ann Arbor, MI 48105; 

telephone number: (734) 214–4851; fax 

number: (734) 214–4053; e-mail address: 

sohacki.lynn@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

taking direct final action to make 

changes to certain provisions of the 

evaporative and refueling emission 

regulations for light-duty vehicles, lightduty trucks and heavy-duty vehicles up 

to 14,000 pounds GVWR, the four-wheel 

drive dynamometer test provisions, and 

the vehicle labeling regulations. The 

evaporative changes are intended to (1) 

Reduce manufacturers’ certification 

evaporative/refueling test burden, (2) 

clarify existing evaporative/refueling 

requirements and (3) better harmonize 

Federal evaporative/refueling test 

procedures with California evaporative/ 

refueling test procedures. These actions 

do not affect manufacturer liability; 

manufacturers must still comply with 

applicable evaporative standards. 

Today’s action retains EPA’s authority 

to perform all three evaporative tests 

(two-day, three-day, and ORVR) on any 

test vehicle, including certification and 

in-use vehicles. The dynamometer 

changes are intended to amend outdated 

regulations to now include four-wheel 

drive provisions. The labeling changes 

are intended to amend regulations to 

remove outdated information. Today’s 

action does not change the stringency of 

these existing programs. 

In the ‘‘Rules and Regulations’’

section of today’s Federal Register, we 

are promulgating these revisions as a 

direct final rule without a prior proposal 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

This proposal incorporates by reference 

all of the reasoning, explanation, and 

regulatory text from the direct final rule. 

For further information, including the 

regulatory text for this proposal, please 

refer to the direct final rule that is 

located in the ‘‘Rules and Regulations’’

section of this Federal Register 

publication. The direct final rule will be 

effective on February 6, 2006, unless we 

receive adverse comment by January 9, 

2006, or if we receive a request for a 

public hearing by December 23, 2005. If 

we receive no adverse comment, we will 

not take further action on this proposed 

rule. If we receive adverse comment on 

one or more distinct amendments, 

paragraphs, or sections of this 

rulemaking, we will publish a timely 

Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules 72971 

withdrawal of those items only in the 

Federal Register indicating which 

provisions are being withdrawn due to 

adverse comment. We may address all 

adverse comments in a subsequent final 

rule based on this proposed rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Any distinct amendment, 

paragraph, or section of today’s 

rulemaking for which we do not receive 

adverse comment will become effective 

on the date set out above, 

notwithstanding any adverse comment 

on any other distinct amendment, 

paragraph, or section of the direct final 

rule. 

Regulated Entities: Entities potentially 

affected by this action are those that 

manufacture and sell motor vehicles in 

the United States. The table below gives 

some examples of entities that may have 

to comply with the regulations. 

However, since these are only examples, 

you should carefully examine these and 

other existing regulations in 40 CFR part 

86. If you have any questions, please 

call the person listed in the FOR FURTHER

INFORMATION CONTACT section above. 

Category NAICS codes a SIC codes b Examples of potentially regulated entities 

Industry ........................................................ 336111 

336112 

336120 

3711 Automobile and Light Duty Motor Vehicle Manufacturing; Heavy 

Duty Truck Manufacturing. 

a North American Industry Classification System (NAICS). 

bStandard Industrial Classification (SIC) system code. 

Access to Rulemaking Documents 

Through the Internet: Today’s action is 

available electronically on the date of 

publication from EPA’s Federal Register 

Internet Web site listed below. 

Electronic copies of this preamble, 

regulatory language, and other 

documents associated with today’s final 

rule are available from the EPA Office 

of Transportation and Air Quality Web 

site, listed below, shortly after the rule 

is signed by the Administrator. These 

services are free of charge, except any 

cost that you already incur for 

connecting to the Internet. 

• EPA Federal Register Web site: 

http://www.epa.gov/docs/fedrgstr/epaair/ (either select a desired date or use 

the Search feature). 

• EPA Office of Transportation and 

Air Quality Web site: http:// 

www.epa.gov/otaq/ (look in What’s New 

or under specific rulemaking topic). 

Please note that due to differences 

between the software used to develop 

the documents and the software into 

which the documents may be 

downloaded, changes in format, page 

length, etc., may occur. 

I. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Agency is 

required to determine whether this 

regulatory action would be ‘‘significant’’

and therefore subject to review by the 

Office of Management and Budget 

(OMB) and the requirements of the 

Executive Order. The order defines a 

‘‘significant regulatory action’’ as any 

regulatory action that is likely to result 

in a rule that may: 

• Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

state, local, or tribal governments or 

communities; 

• Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

• Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or, 

• Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Pursuant to the terms of Executive 

Order 12866, we have determined that 

this final rule is not a ‘‘significant 

regulatory action.’’

B. Paperwork Reduction Act 

The Paperwork Reduction Act of 

1980, 44 U.S.C. 3501 et seq., and 

implementing regulations, 5 CFR Part 

1320, do not apply to this action as it 

does not involve the collection of 

information as defined therein. 

Today’s action may reduce testing and 

reporting burden by allowing the option 

for waivers and/or alternative test 

procedures. The current average annual 

reporting burden is listed as 542,118 

hours and $10,889,000 for 153 

respondents by the Office of 

Management and Budget for light-duty 

and heavy-duty vehicles. If a 

manufacturer does not implement any 

of today’s actions, the reporting burden 

will not change. Otherwise, the burden 

may be reduced by implementing 

today’s actions but will vary depending 

upon the options and/or alternative 

methods chosen. For instance, utilizing 

the option to waive the two-diurnal 

diurnal-plus-hot-soak will reduce 

testing burden by approximately 48 

hours and $5,000 per vehicle. Since no 

alternative procedures for the running 

loss test or canister loading have been 

approved at this time, the burden 

reduction cannot be quantified, but they 

will, in the future, result in decreases in 

hours and costs. The other options 

described in today’s action cannot be 

quantified but would not result in any 

additional burden. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

72972 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

In determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the 

proposed rule on small entities.’’ 5 

U.S.C. Sections 603 and 604. Thus, an 

agency may conclude that a rule will 

not have a significant economic impact 

on a substantial number of small entities 

if the rule relieves regulatory burden, or 

otherwise has a positive economic effect 

on all of the small entities subject to the 

rule. 

Today’s rule revises certain 

provisions of the Evaporative Emissions 

Compliance Procedure (58 FR 16002, 

March 24, 1993) and the Onboard 

Refueling Vapor Recovery Procedure (58 

FR 16262, April 6, 1994), such that 

regulated entities will find it less 

burdensome to demonstrate compliance 

with the requirements of the evaporative 

emissions and ORVR test requirements. 

More specifically, today’s action makes 

minor revisions to clarify regulations 

and reduces burdens for manufacturers 

without reducing stringency. In 

addition, today’s rule revises the 

dynamometer test provisions (40 CFR 

86.135–90, 40 CFR 86.159–00, 40 CFR 

86.160–00) and the Vehicle Labeling 

requirements (40 CFR 86.098–35, 40 

CFR 86.1807–01), such that regulated 

entities will find it less burdensome to 

test four-wheel drive vehicles and 

vehicle labels will reflect current 

information rather than out-dated 

information. We have therefore 

concluded that today’s final rule will 

relieve regulatory burden for all small 

entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

federal agencies to assess the effects of 

their regulatory actions on state, local, 

and tribal governments, and the private 

sector. Under section 202 of the UMRA, 

we generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘federal mandates’’ that may result 

in expenditures to state, local, and tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

for any single year. Before promulgating 

a rule for which a written statement is 

needed, section 205 of the UMRA 

generally requires us to identify and 

consider a reasonable number of 

regulatory alternatives and adopt the 

least costly, most cost-effective, or least 

burdensome alternative that achieves 

the objectives of the rule. The 

provisions of section 205 do not apply 

when they are inconsistent with 

applicable law. Moreover, section 205 

allows us to adopt an alternative that is 

not the least costly, most cost-effective, 

or least burdensome alternative if we 

provide an explanation in the final rule 

of why such an alternative was adopted. 

Before we establish any regulatory 

requirement that may significantly or 

uniquely affect small governments, 

including tribal governments, we must 

develop a small government plan 

pursuant to section 203 of the UMRA. 

Such a plan must provide for notifying 

potentially affected small governments, 

and enabling officials of affected small 

governments to have meaningful and 

timely input in the development of our 

regulatory proposals with significant 

federal intergovernmental mandates. 

The plan must also provide for 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s action contains no federal 

mandates for state, local, or tribal 

governments as defined by the 

provisions of Title II of the UMRA. The 

rule imposes no enforceable duties on 

any of these governmental entities. 

Nothing in the rule will significantly or 

uniquely affect small governments. 

We have determined that today’s 

action does not contain a federal 

mandate that may result in estimated 

expenditures of more than $100 million 

to the private sector in any single year. 

This action has the net effect of revising 

certain provisions of the Evaporative 

Emissions rule, Dynamometer 

regulations, and Labeling regulations. 

Therefore, the requirements of the 

UMRA do not apply to this action. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires us to develop an 

accountable process to ensure 

‘‘meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government. 

Under Section 6 of Executive Order 

13132, we may not issue a regulation 

that has federalism implications, that 

imposes substantial direct compliance 

costs, and that is not required by statute, 

unless the federal government provides 

the funds necessary to pay the direct 

compliance costs incurred by state and 

local governments, or we consults with 

state and local officials early in the 

process of developing the proposed 

regulation. We also may not issue a 

regulation that has federalism 

implications and that preempts state 

law, unless the Agency consults with 

state and local officials early in the 

process of developing the proposed 

regulation. 

Section 4 of the Executive Order 

contains additional requirements for 

rules that preempt state or local law, 

even if those rules do not have 

federalism implications (i.e., the rules 

will not have substantial direct effects 

on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government). Those 

requirements include providing all 

affected state and local officials notice 

and an opportunity for appropriate 

participation in the development of the 

regulation. If the preemption is not 

based on express or implied statutory 

authority, we also must consult, to the 

extent practicable, with appropriate 

state and local officials regarding the 

conflict between state law and federally 

protected interests within the Agency’s 

area of regulatory responsibility. 

Today’s action does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. Today’s action 

revises certain provisions of earlier rules 

Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Proposed Rules 72973 

that adopted national standards to 

control vehicle evaporative emissions, 

dynamometer test provisions, and 

labeling requirements. The requirements 

of the rule will be enforced by the 

federal government at the national level. 

Thus, the requirements of Section 6 of 

the Executive Order do not apply to 

today’s action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. Today’s 

proposed rule does not uniquely affect 

the communities of American Indian 

tribal governments since the motor 

vehicle requirements for private 

businesses in today’s rule will have 

national applicability. Furthermore, 

today’s rule does not impose any direct 

compliance costs on these communities 

and no circumstances specific to such 

communities exist that will cause an 

impact on these communities beyond 

those discussed in the other sections of 

today’s document. Thus, Executive 

Order 13175 does not apply to today’s 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that 

(1) is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

we have reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

section 5–501 of the Executive Order 

directs us to evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by us. 

Today’s action is not subject to the 

Executive Order because it is not an 

economically significant regulatory 

action as defined by Executive Order 

12866. Furthermore, today’s action does 

not concern an environmental health or 

safety risk that we have reason to 

believe may have a disproportionate 

effect on children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Today’s action is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Section 12(d) of 

Public Law 104–113, directs us to use 

voluntary consensus standards in our 

regulatory activities unless it would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

us to provide Congress, through OMB, 

explanations when we decide not to use 

available and applicable voluntary 

consensus standards. 

Today’s action references technical 

standards adopted by us through 

previous rulemakings. No new technical 

standards are established in today’s 

rule. The standards referenced in 

today’s action involve the measurement 

of vehicle evaporative emissions, the 

allowance for four-wheel dynamometer 

test capabilities in certification and inuse testing, and labeling requirements 

revisions. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to Congress and the 

comptroller General of the United 

States. We will submit a report 

containing today’s action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). Today’s 

action will be effective February 6, 

2006. 

II. Statutory Provisions and Legal 

Authority 

Statutory authority for today’s final 

rule is found in the Clean Air Act, 42 

U.S.C. 7401 et seq., in particular, 

sections 202 of the Act, 42 U.S.C. 7521. 

Today’s action is being promulgated 

under the administrative and procedural 

provisions of Clean Air Act section 

307(d), 42 U.S.C. 7607(d). 

List of Subjects in 40 CFR Part 86 

Environmental protection, 

Administrative practice and procedure, 

Motor vehicle pollution. 

Dated: November 29, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 05–23713 Filed 12–7–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; Revised 12-Month Finding 

for the Greater Adams Cave Beetle 

(Pseudanophthalmus pholeter) and 

the Lesser Adams Cave Beetle 

(Pseudanophthalmus cataryctos) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of revised 12-month 

petition finding. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce our revised 

12-month finding for a petition to list 

the greater Adams Cave beetle 

(Pseudanophthalmus pholeter) and the 

lesser Adams Cave beetle 

(Pseudanophthalmus cataryctos) under 

the Endangered Species Act (Act). After 

a review of the best available scientific 

and commercial information, we 

conclude that these species are not 

likely to become endangered species 

within the foreseeable future throughout 

all or a significant portion of their range. 

Therefore, we find that proposing a rule 

to list these species is not warranted, 

and we no longer consider them to be 

candidate species for listing. The 

Service will continue to seek new 

information on the taxonomy, biology, 

and ecology of these species, as well as 

potential threats to their continued 

existence. 

DATES: This finding was made on 

November 15, 2005. Although no further